(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

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

ARCH I VES 



STATE OF NEW JERSEY. 



FIRST SERIES. 
Vol. XVI. 



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 



RELATING TO THE 



COLONIAL HISTORY 



STATE OF NEW JERSEY. 



EDITED BY 



FREDERICK W. RICORD. 



VOLUME XVI. 




JOURNAL OF THE GOVERNOR AND COUNCIL. 
VOL. IV. 17481755, 



TRENTON, N. J. : 

THE JOHN L. MURPHY PUBLISHING Co., PRINTERS. 
1891. 



F 
I3/ 

3)63 



Pursuant to the Adjournment of the General Assembly, 
His Majesty's Council for the Province of New Jersey Mett 
at Amboy on 

Thursday the 10 th day of November 1748 

Present 
The Honourable Edward Antill ^ 

James Hude >Esq rs 
Tho s Leonard J 

The House Continued till Friday y e 11 th Nov r 1748. 

Present as above 

Continued 'till 
Monday y e 14 th Nov r 1748 

Present 

The Hon ble Edward AntilH 
Ja s Hude I 

Peter Kemble t*** 
Tho 8 Leonard J 

Continued 'till 
Tuesday Nov r 15 th 1748 

Present 
The Hon ble Edward Antill P Kemble ^ 

James Hude I Escf 8 

And w Johnston Tho 8 Leonard J 

Continued till 
Wednsday Nov r 16 th 1748 



2 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The House mett 

Present 

M r Antill M r Kemble ^ 

M r Hude 
M r Johnston M r Leonard ) 

His Excellency came into Council, & by the Secretary 
Acquainted the House of Assembly that he was ready to 
receive the Address of the House 

The Speaker with the House of Assembly attended and 
Presented the following Address 

To His Excellency Jonathan Belcher, Esq r Captain Gen- 
eral and Governor in Chief, in and over His Majesty's 
Colony of New Jersey, and Territories thereon depending in 
America Chancellor and Vice Admiral in the same. 

The Humble Address of the House of Representatives in 
General Assembly Convened. 

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 leave to Assure your Excellency, it was with 
much concern we were Acquainted by your Excellency's 
Speech, that your ill state of Health occasioned your calling 
us to meet at Burlington, and join with your Excellency in 
returning thanks to Almighty God for your recovery, and 
that you are Enabled now to meet us here at Perth Amboy, 
the place where (according to the alternate Sitting of Assem- 
blies) we esteem this Session of right ought to be held; 
which occasioned a Number of our Members, when last at 
Burlington, to apply to your Excellency for the same; and 
your readiness in acceeding thereto, We look upon as a 
Demonstration of the Justice and Uprightness of your Ad- 
ministration as well as of your Inclination, and Willingness 
to Promote a Harmony among the several Branches of the 
Legislature and the People of the Colony whom we represent. 



1748] JOURNAL OP THE PROVINCIAL COUNCIL. 3 

We hope, with your Excellency, that 'tho' the first set of 
Laws passed the last Session had the Misfortune to be taken 
in going home to Great Britain, yet those mentioned by your 
Excellency to be afterward forwarded, have not miscarried ; 
and that we shall soon hear of their Arrival, and receive the 
desired Effect and Benefit of them. 

We have received Advice from our Agent, of his receipt 
of the Accounts respecting the Loan of Money made by this 
Colony to the Crown ; and we shall take proper care what 
is ffurther needful, in Order to his Obtaining the payment of 
that money, be done. 

We shall, according to Your Excellency's Recommenda- 
tion to us, take into our Consideration the present State of 
the Treasury, and shall do what is Necessary on our part for 
the payment of the Just Debts of the Colony, and for the 
Support of the Government. 

The discovery mentioned by your Excellency made of so 
great a Number of Wicked People concerned in the fforging 
and Counterfeiting of our Bills of Credit, and of fforeign 
Coins passing Current in this Colony, will, We also hope, 
soon put an end to so Vile a practice ; and the punishing the 
Authors thereof be ameans to prevent the like for the future ; 
in which, and in the further discovery and detection of this 
Combination of Villanous Persons, We, with your Excel- 
lency, doubt not of the Assistance of every honest and good 
Member of the Community as it's not only their duty but 
Interest to be aiding in so good a Work. 

The length of the last Session of Assembly was, as Your 
Excellency is pleased to mention, occasioned by all Matters 
under the Care of the Legislature in a manner Subsiding for 
some time before that sitting ; but as Several good and neces- 
sary Laws, for the promoting the Welfare and Prosperity of 
this Colony, were then passed ; we expect we shall have the 
less to do at this time ; and as the Season of the Year ren- 
ders it most agreeable to all concerned to be at home, We 
assure Your Excellency We shall use our utmost Endeavours 



4 NEW JERSEY COLONIAL DOCUMENTS. [1748 

to Shorten this Session, by giving all possible application 
and dispatch to such Publick Affairs as may come under our 
Consideration at this time ; and we beg leave to return your 
Excellency our publick thanks for the kind Assurance you 
are pleased to give, in joining with us to do every thing that 
may best promote the Weal and happiness of the people we 
represent; and as Concord and Unity (as your Excellency 
well Observes) is the Chief Beauty and strength of all Gov- 
ernment, it shall be our principal Aim to promote it. 



By Order of the House 
SAMUEL NEVILL, Speaker 



Divers of the Members 
of this House being of 
the people called Quakers 
agree to the matter and 
Substance of this Address 
with their usual exception 
to the stile 



The Speaker with the House of Assembly withdrew & the 
House continued till Thursday Nov r 17 th 

The House mett Present as above 

M r Stelle & M r Spicer from the House of Assembly Pre- 
sented for the Concurrence of this House a Bill Entituled, 
An Act for impowering certain persons herein after named to 
draw for & receive the money lent the Crown for Arming and 
Cloathing the fforces lately raised in this Colony & to apply 
the same as herein is directed. 

Which Bill was read the first time & ordered a second 
reading 

The House Continued till Friday November 18 th 1748. 

The House met Present 

The Hon ble Edward Antill Peter Kemble^ 

James Hude >Esq rs 

And w Johnston Tho 8 Leonard j 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 5 

M r Low & M r Hancock from the House of Assembly pre- 
sented for the Concurrence of this House a Bill, Entituled 
An Act for the more Effectual preventing of Lotteries, Horse 
races, Playing of Cards & Dice, and other Gaming for Lucre 
of [or] Gain within this Colony, for the future. 

Which Bill was read the first time & Ordered a second 
reading. 

The Bill Entituled An Act for impowering certain persons 
herein after named to draw for & receive the Money lent the 
2 d reading yS Crown &c a was read the second time, & 
Bill to draw I Committed to the Gentlemen of the Council, 
for y e money [ or any three of them 
lent y e crown J 

The House continued till Saturday November 19 th 1748. 

The House met Present as above 

the above 1 Mr. Hude from the Committee to whom the 
Bill passed / Bill Entituled, An Act for impowering certain 
Persons herein after named to draw for & receive the Money 
lent to the Crown for Arming & Cloathing the fforces <fec a 
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 M r Leonard do Acquaint the House of 
Assembly that the said Bill passed this House this day with- 
out Amendment. 

M r Leonard informed the House that he had obeyed the 
above order. 

The Bill Entituled An Act for the more Effectual pre- 
venting of Lotteries, Horse races, playing of Cards &c a was 
read a second time & Committed to the Gentlemen of the 
Council or any three of them 

The House Continued till Wednesday Nov r 23 rd 1748 



6 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The House Mett Present 

The Hon ble Rob* Hunter Morris 

Edw d Antill And w Johnston ; Eg rs 

James Hude 

Pet r Kemble Tho 8 Leonard J 

M r Low & M r Hopkins from the House of Assembly Pre- 
sented for the Concurrence of this House a Bill Entituled 
An Act to Enable the Legislature to settle the Quotas of the 
respective Counties in this Colony 

Which Bill was read the first time & Ordered a second 
reading 

The House Continued till Two O'Clock in the afternoon 

Present as before, with M r Alexander 

His Excellency came into Council, and by the Clerk hav- 
ing Commanded the Attendance of the House of Represen- 
tatives, who attended accordingly; he was pleased to give 
his Assent to the following Bill 

An Act for impowering certain persons herein after named 
To draw for & receive the Money lent the Crown, for Arm- 
ing and Cloathing the fforces lately raised in this Colony 
And to apply the same as herein is directed 

His Excellency withdrew 

M r Fisher and M r Spicer from the House of Assembly 
[presented] for the Concurrence of this House a Bill Enti- 
tuled, An Act for Naturalizing Hendrick Goeglets. 

The House Continued till Thursday Nov r 24 th 1748 

The House Met Present 

The Hon ble Ja s Alexander ^ Peter Kemble ^ 

Edw d Antill i And w Johnston VEsq" 

Jas: Hude j Tho 8 Leonard J 

The Bill Entituled, An Act for Naturalizing Hendrick 
Geoglets was read the first time and Ordered a second reading 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 7 

The Bill Entituled an Act to Settle the Quotas &c a was 
read a second time & Committed to the Gentlemen of the 
Council or any three of them. 

The House Continued till two O' Clock in the Afternoon 
the House met Present 

The Hon ble James Alexander Esq r 1 
R. H. Morris Peter Kemble I rs 

Ed d Antill Andrew Johnston I 

James Hude Tho 8 Leonard J 

M r Vanmiddlesworth & M r Brick from the House of 
Assembly presented for the Concurrence of this House a Bill 
Entituled, an Act to Erect & Establish Courts in the several 
Counties of this Colony for the Tryal of small Causes 

A message from the Assembly in the following words 

Ordered that M r Stelle & M r Brick wait on the Council, & 
acquaint them, that this House have appointed M r Eaton, 
M r Cooke, M r ffisher, M r Learning & M r Sp'icer, to be a Com- 
mittee to join a Committee of of the Council, to Inspect & 
Burn the Cancelled Bills of Credit, now in the Hands of 
Andrew Johnston Esq r to meet at such time & place as the 
Council shall appoint, & desire the Council to appoint a Com- 
mittee for the purpose afores d with time & place of the Com- 
mittee's meeting 

Tno 8 DARTOW 1 Clk 

Resolved that an Humble Address be presented to his 
Excellency setting forth that this House has had no informa- 
tion yet laid before them of what was done upon the Pardon 2 
which His Excellency was pleas'd to Grant to the persons 
Guilty of the Insurrections Riots & disorders raised & Com- 
mitted in this Province, nor whether the peoples Indicted 
and Recorded for any of the Crimes mentioned in the s d Par- 
don had Complied with the Terms Prescribed or Accepted of 

1 Bartow. 

2 See Vol. XV., p. 589; also N. J. Archives, VII., 155, note; 161, 222. 



8 NEW JEKSEY COLONIAL DOCUMENTS. [1748 

the Lenity, and favour of the Government, by that Instrum* 
of Pardon Offered to them, and therefore humbly to desire 
His Excellency to lay before this House such report or 
reports, or other Information as His Excellency has received 
concerning that matter from the Justices of the Supream 
Court, or the Commissioners by His Excellency specially 
appointed to administer the Oaths, and Affirmations, and to 
receive the Bonds mentioned, and provided in the said 
Pardon. 

Ordered that the said Address be presented to His Excel- 
lency, by M r Antill, & M r Leonard 

M r Antill, Informed this Board, that M r Leonard and 
himself waited on His ExcelPy with the above Address, who 
was pleased to say he would he would send an Answer 

The House Continued till Friday, November 25 th 1748 

The House met Present 

The Hon ble James Alexander And w Johnston ^ 

Ed w d Antill Peter Kemble VEsq 1 * 

James Hude Tho 8 Leonard ) 

The Bill Entituled an Act to Erect and Establish Courts 
for the Tryals of small Causes & c was read the ffirst time & 
Ordered a second reading 

The Bill Entituled, An Act for Naturalizing Hindrick 
Geoglets was read the second time and Committed to the Gen- 
tlemen of the Council or any three of them. 

A Message from His Excellency in the following words 

Gentlemen of the Council 

In answer to your Message of yesterday I must refer you 
to the Act for Pardoning persons Guilty of Insurrection & c 
where you'l find any compliances of such persons with the 
said Act, are to be returned into the Supream Court of this 
Province, & not to the Governour, that I think the proper 
inquiry into this matter must be made of that Court, where 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 9 

the Law has directed those things to be filled, & preserved & 
which Court has made no report to me in the affair 

Perth Amboy Nov r 25 th 1748 J. BELCHER 

The House continued till Three O'Clock in the Afternoon 

The House met Present 

The Hon ble James Alexander James Hude ^ 

R. H. Morris And* Johnston VEsq ra 
Edw d Antill Peter Kemble J 

This House taking into consideration His Excellencys 
Answer to the Address of this House. M r Morris being 
Chief Justice of the Province, declared to this House, that 
as one of the Justices of the Supream Court named in an 
Instrum* of Pardon; called an Act to pardon the persons 
Guilty of the Insurrections, Riots, and disorders, raised, & 
Committed in this Province ; He had not been applied to by 
any one Person, to have the benefit of that Pardon, or had 
he Administered the Oaths to any for that Purpose : That 
no report had been made to the last Sup r Court while he was 
upon the bench, nor did he hear of any return, or report 
made to that Term by any of the Commissioners, appointed 
to Administer the Oaths, & receive the Bonds mentioned in 
the s d pardon. 

James Hude Esq re one of the members of this House 
declared that some time before the Expiration of the pardon 
before mentioned there came to him a Letter he thinks from 
M r Secretary Read Inclosing an Advertisem* mentioning 
that Sundry Persons of which the said James Hude was one 
were Commissioners Specially appointed Pursuant to the said 
Pardon. He believes also that the other names therein 
mentioned were John Reading Esq 1 Joseph Warrel Att 7 
General, Cornelius Vanhorne, Matthias Hetfield, and Uzal 
Ogden, & further saith that no one of the Rioters, or other 
Person or Persons, offered to him the said James Hude, to 
accept of the Benefit of the Said Pardon. 



10 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Ordered that the Clerk of the Sup r Court attend this 
House, and inform them what returns or whether any were 
made by the other Justices of the Sup r Court, or Commiss rs 
appointed for the purpose afores d to the last Sup r Court Pur- 
suant to the Pardon above mentioned. 

Ordered that the Commissioners appointed to Administer 
the Oaths, & take the Bonds, mentioned in the s d Pardon, do 
lay before this House, an Ace : of what Applications have 
been made to them respectively Pursuant to the Pardon 
afores d 

Ordered that the Clerk of this House send a Copy of the 
above order to the Comm rs appointed &c a in the County of 
Essex 

The House Continued till Saturday Nov r 26 th 1748. 

The House met Present 

The Hon ble James Alexander And w Johnson ^ 

Edw d Antill VEsq M 

James Hude Peter Kemble ) 

M r Crane & M r Spicer from the House of Assembly Pre- 
sented for the Concurrence of this House a Bill Entituled 
an Act for the better Enabling of Creditors to recover their 
Just Debts from persons who Abscond themselves which Bill 
was read the first time, & Ordered a second reading 

The House Continued till Tuesday Nov r 29 th 1748. 

The House met Present 

The Hon blfl James Alexander And w Johnston ^ 

EdwardAntill Peter Kemble VEsq rs 

James Hude Tho s Leonard J 

Ordered that M r Hude, M r Kemble, and M r Leonard, or 
any two of them, be a Committee to join a Committee of the 
House of Assembly, to Inspect, and burn the Cancelled Bills 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 11 

of Credit of this Province, now in the hands of Andrew 
Johnston Esq r and that they meet at four O'Clock this after- 
noon for that Purpose at the House of s d Andrew Johnston ; 
and make report to this House. 

Ordered that M r Leonard do acquaint the House of Assem- 
bly herewith. 

A message from the House of Assembly in the following 
words. 

Ordered, that M r ffisher, & M r Spicer, do wait on the 
Council and Acquaint them, that this House desire to be 
informed what Progress they have made, in the Bill to 
enable the Legislature to settle the Quotas of the respective 

Counties of this Colony 

THO S BARTOW Clk 

M r Leonard informed [the house] that he had delivered 
the Message of this day 

The Bill Entituled an Act to Erect and Establish Courts 
&c a for the Tryal of small Causes, was read the second time, 
& Committed to the Gentlemen of the Council or any three 
of them. 

M r Alexander Laid before this House a Certificate he had 
received from Joseph Warrall Esq r Attor 7 General ; & one 
of the Commissioners appointed Pursuant to the late Pardon 
which being read, Ordered that it be Entred in the Minutes 
of this House; and it is as follows. 

New Jersey ss; A List of the persons who have duly 
taken the Benefit of the late Act of Grace ; Entituled, An 
Act to Pardon the Persons Guilty of the Insurrections, Riots, 
and disorders raised and Committed in this Province. 

Indicted for a Riot in Somerset 

John Bainbridge ^ County and presented at Hunter- 
don County Sessions. 



12 



NEW JERSEY COLONIAL DOCUMENTS. 



[1748 



Edmund Bainbridge 



Q 

Indicted for a Riot in Somerset 
County, Recorded for a Riot, in 
Middlesex County, Indicted for 
High Treason in Middlesex 
County, & presented for a Riot at 
Hunterdon County Sessions of the 
Peace. 



John Anderson. 



C Indicted, for a Riot, in Somerset 
County and presented for a Riot, 

1 at Hunterdon County Sessions of 
the Peace. 



Tunis Updike. j 



Samuel Price. 



Presented for a Riot at Hunterdon 
County Sessions of the Peace. 

Indicted for a Riot, in Somerset 
County, & for High Treason in 
Middlesex 

Indicted for a Riot in Somerset 
County 



Albert Updike. 

~ f Presented for a Riot, at Hunterdon 

(jreorge Kozell. < _, 

I County Sessions 

f Indicted for High Treason in Mid- 

Dollins Hageman Ju r < dlesex County & Recorded for a 
I Riot in the same County. 

David Brearly. j Indicted for Hi S h Trea8on in Mid - 
I dlesex County. 

I Hereby declare, & Certify, that the Above named nine 
persons came before me, before the Eighteenth day of August 
last past, & Severally Entred into a Bond and took the 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 13 

Oaths, appointed by the above mentioned Act of Grace ; and 
that thereupon, I gave them Severally a Certificate of their 
Having so done; That in further Pursuance of the S d Act, 
I filed the Rolls in the Secretary's Office at Burlington, the 
Last Novemb r Term ; Containing the Oaths appointed to be 
taken ; together with the declaration Signed, & Subscribed 
by each of them, with the several Bonds duly Executed by 
them fastned thereunto And I do ffurther Declare, & Certify, 
that no other person or Persons whatsoever, who before that 
time, had been Indicted, Recorded, or presented, for any of 
the Crimes, Described or Specified, in the s d Act of Grace, 
ever applied to me, in Order to Claim the Benefit of the s d 
Act 

Witness my hand this 25 th November 1748 

J. WARRELL, 

Specially appointed by Commission 
for the Above Purpose. 

Ordered, that the s d Certificate be referred to any three or 
more of the Members of this House; together with the 
former informations concerning the Rioters, & that they 
report their Opinion, what is Proper to be done by this 
House in relation to the Rioters, who have not Accepted the 
benefit of the s d Pardon. 

Ordered, that Andrew Johnston Esq r Acquaint the House 
of Assembly, that the Bill to Enable the Legislature to Settle 
the Quotas of the respective Counties of this Colony, Stands 
Committed, & is now under the Consideration of the Com- 
mittee to whom it is referred. 

The House Continued till Wednsday Nov r 30 th 1748. 

The House met Present 

The Hon ble James Alexander Peter Kemble ^ 
Edward Antill 

\. 

James Hude Thomas Leonard j 

And w Johnston R. H Morris 



14 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The Bill Entituled, An Act for the better Enabling of 
Creditors to recover their just Debts &c a was read the second 
time and Committed to the Gentlemen of the Council, or 
any three of them. 

A Petition of John Styles, to the Governour, Council, & 
Assembly, was read, Setting forth, that the Rioters had in the 
year 1746, dispossessed him of his Plantation and that they 
still keep Possession of the same, therefore pray'd relief, 
thereon. 

Ordered that the said Petition be referred to the same 
Committee, to whom the Att* 7 Gen rls Certificate, & other 
informations were referred 

Was read a Copy of a Letter to His Excell 07 the Gov- 
ernour ; from Uzal Ogden, & Matthias Hetfield, two of the 
Commissioners, appointed Pursuant to the late Instrument of 
Pardon of the Rioters, giving an Account of the behavour of 
about two Hundred of the Rioters before them, and of their 
Proceedings, together with an Affidavit of the s d Uzal Ogden, 
taken yesterday, before four of the Members of this House ; 
that the same is a true Copy of the &<* Letter, in which he 
also deposes that the Goal of the County of Essex was on 
Monday Last Riotously broke open, & one Amos Roberts, 
therein Committed by Process from the Sup r Court, on an 
Indictment for High Treason was Riotously rescued. 

Ordered, that it be referred to the same Committee as 
above. 

The Speaker Laid before this House, a Petition given to 
him by His Excellency, to be laid before this House from 
one James Bruff, a Prisoner committed to the Goal of the 
Bor of Elizabeth, on Suspicion of being Concerned in Coun- 
terfeiting pieces of Eight: Directed to His Excell 7 the 
Governour Praying a special Commission might Issue for 
holding a Court in Essex County, in Order to have his trial. 

Ordered that it be referred to the same Committee as above 
and also to the Committee appointed to Consider of the 
Money Coiners. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 15 

M r Johnson reported that he Obeyed the Order of the 
House of Yesterday. 

The House resolved itself into a Committee of the whole 
House, to Consider of the Traitors, and Rioters, and after 
some time spent therein, M r Hude Chairman, of the Com- 
mittee reported, that they had made some progress, in that 
matter to them referred, & desired leave to sit again, to which 
the House agreed. 

The House Continued till Three O'Clock in the afternoon. 

The House met Present 

The Hon ble James Alexander And* Johnston -\ 
R. H. Morris 

Edward Antill Peter Kemble [ 

James Hude Tho s Leonard J 

The Deputy Secretary laid before this House a List of the 
names of fourteen of the Rioters, who had taken the Oaths, 
<fe also their Bonds, taken before Uzal Ogden, & Matthias 
Hatfield Specially appointed for that purpose, Pursuant to 
the Instrum* of Pardon, which were ffiled in the Sup r Court, 
in the last Term 

The House Continued till Thursday, Dec r 1 st 1748. 

The House met Present 

The Hon ble James Alexander Andrew Johnston -\ 
R. H. Morris 

Edward Antill Peter Kemble 

James Hude Thomas Leonard J 

Andrew Johnston Esq r President of the Council of Pro- 
prietors of the Eastern Division of this Province, presented 
to this House a Memorial in the following words : 

To His Excellency Jonathan Belcher Esq r Captain Gen- 
eral & Governour in Chief, in and over His Majesty's Prov- 



16 NEW JERSEY COLONIAL DOCUMENTS. [1748 

ince of New Jersey, and Territories depending thereon in 
America, & Vice Admiral in the same 

To the Honourable His Majesty's Council for the said 
province. and 

To the Honourable the House of Representatives of the 
s d Province, in General Assembly met 

The Memorial, & representation of the Council of Pro- 
prietors of the Eastern division of the said Province of New 
Jersey in behalf of themselves, & the rest of the Gen rl Pro- 
prietors of the Soil of the said Eastern division, & of the 
persons claiming under them 

Humbly sheweth 

That New Jersey among other Tracts of Land in America 
was Granted by King Charles the second to His Royal High- 
ness James Duke of York, and by him Conveyed to L d 
Berkly, & Sir George Carteret, in the year 1664 who began 
to plant & improve the same, That S r George Carteret being 
by a partition Entituled to the Eastern part of the s d Prov- 
ince made Considerable improvem* 8 & brought into the Prov- 
ince great numbers of Inhabitants, to whom he gave Lands, 
as an Incouragem* 

That the s d Eastern part or division of N. Jersey together 
with the powers of Government was afterwards Conveyed to 
twenty ffour persons who were Called the Gen rl Proprietors 
and who went on in planting and improving the s d Province, 
at their own very great cost and Charge. 

That the Proprietors Exercised the Powers of Governmen* 
in the s d Province from the time of their Grant, till the year 
1702 when they made a Surrender thereof to the Crown ; 
reserving to themselves, the Soil, & all things properly apper- 
taining thereto. 

That Her late Majesty Queen Anne of Glorious Memory, 
was Graciously pleased to Accept of the s d Surrender, & to 
take the s d Province of N. Jersey under her immediate 
Administration & Govermn* and was also most Graciously 
pleased, upon her Royal word, to promise the protection of 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 17 

the Crown of England, to the Proprietors, & people of N. 
Jersey in all their Cival and Religious rights. 

That your Memorialists, their Ancestors & Predecessors 
have always demean'd themselves with great Submission to 
the Royal Authority, & to the Government, & Laws Exer- 
cised in the s d Province; and in return think themselves 
Entituled, to have their rights, & propertys maintained, & 
Protected by those Laws, to which they have been Obedient, 
& Submissive. 

But so it is, may it please your Excellency and Honour, 
That great Numbers of Men taking Advantage of a dispute 
Subsisting between the Branches of the Legislature of this 
Province, & of a most unnatural rebellion at that time raging 
in Great Britain, Entered into a Combination, to Subvert 
the Laws, & Constitution of the Province, & to Obstruct the 
Course of Legal Proceedings ; to which end, they, by ffalse 
Tales, & wicked Insinuations, Artfully invented, & indus- 
triously spread abroad, endeavoured to infuse, into the minds 
of the people, That His most Sacred Majesty, nor his Noble 
Progenitors, Kings & Queens of England, had not any right 
whatsoever, to the Soil of America; & that his, & their 
Grants thereof, were Void & ffraudulent. And having by 
these means, Associated to themselves great numbers of the 
Poor, & Ignorant Part of the People of this Province ; 
They in the Month of September 1745 began to carry into 
Execution, their Wicked Schemes, when in a Riotous manner,, 
they broke open the Goal of the County of Essex, & took 
from thence, a prisoner there Confin'd by due Process of 
Law ; And have since that time, gone on like a Torrent 
bearing down all before them ; & Trampling on all Law, & 
authority ; as is well known to Your Excell 07 & Honours, so 
that the Laws, & His Majesty's Authority, Cease to be that 
Protection to the lives, & Property's of the People, His 
Majesty intends they should be. 

It is with the greatest Concern, your Memorialists Observe, 
that the Endeavours of the Governm* & Magistrates, to put 



18 NEW JERSEY COLONIAL DOCUMENTS. [1748 

the Laws in Execution, have been kitherto in vain, for not- 
withstanding, many of these Common disturbers stand 
Indicted for High Treason, in Levying War against our 
Sovereign Lord the King, yet such is the weakness of this 
Governm* that they have not been able, to bring one of them 
to Tryal, & Punishm* but they go at Large through the 
Province, Exciting the People to Rebellion, & doing their 
Endeavours, to prevent them from Submitting to the 
Governm* 

The Contempt, with which these people have treated His 
Majesty's Gracious Mercy, Extended to them by an Instru- 
ment of Pardon under the Great Seal of this Province & the 
Lenety of the Legislature, but too plainly shows the resolu- 
tion they have taken, to maintain, & defend themselves by 
Force against His Majesty's Authority & Governm* and to 
throw off their dependance upon the Crown of Britain. 

That his Most Sacred Majesty by his High & Kingly 
Office; & the duty's inseperably annexed to the British 
Throne is Solemnly engaged, to protect His People in the 
Quiet enjoym' of their lives, & Property's while they behave 
themselves with duty to his Authority, & Obedience to the 
Laws, & agreeable to the Constitutions of these his remote 
dominions; has been Graciously Pleased to Entrust the 
powers necessary, to Answer those good ends, with your 
Excellency, & Honours ; Who he expects will do every thing 
in their Power for the Preservation of his Peace, the Support 
of His Royal Authority, & the maintenance of the Laws of 
the Country. 

That as these disturbances have Subsisted for a long time 
in which, His Majesty's Sacred name, & Kingly power have 
been most Publicly slighted, & Contemned. Should they be 
suffered to go on much longer, your Memorialists, with reason 
apprehend, the resentment of His Majesty, & a British Par- 
liment may be extended, to the Province in General; & 
thereby the innocent made to suffer in Common with the 
Guilty. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 19 

It is with very great Concern, we find ourselves laid 
under a necessity, of making our Application, to your Excel- 
lency & Honours, but such is the Present state of the Prov- 
ince ; that we cannot in duty to ourselves, or those we repre- 
sent, any longer delay it. 

Your Memorialists therefore humbly hope your Excellency 
A Honours, will Effectually Interpose at this time, in Sup- 
port of His Majesty's Authority, & Governm* & by such 
ways & methods, as to your Excellency & Honours shall 
seem most fit to Strengthen the hands of His Majesty's 
Government and Officers, so as to Enable them, to Carry 
into Execution the Laws of the Land ; & thereby to Secure, 
& protect the Persons, and Estates of Your Memorialists, & 
others, within the said Province ; & to restore, & preserve to 
them, & their Posterity the blessings of Domestick Peace 

\ By Order of the Council of Pro- 
Perth Amboy l pr i etors 

Novemb' 30- 1748 / P ANDREW JoHN8TON Presiden t 

Ordered, that it be referred to the Committee appointed to 
Consider of the Traitors, & Rioters & 

The House Continued till Three O'Clock in the Afternoon 

The House met Present 
as in the Morning 

The Speaker laid before this House an Affidavit of one 
John Styles, 1 Deputy Sheriff of the County of Essex & Also 
Keeper of the Goal of s d County, setting forth, that one 
Amos Roberts on Monday last in the Morning, was Com- 
mitted to the Goal of the County of Essex, by W m Chetwood 
Esq r High Sheriff of s d County, by virtue of a Process for 
Treason ; and that in the Evening of the same day, a number 
of Persons, between twenty & thirty, came in a Riotous 
manner, & broke open the Goal of the County afores d & 
rescued s d Amos Roberts, therein Committed as afores d & 
Carried him Off Huzzaing 

N. J. Archives, VII., 178. 



20 NEW JEBSEY COLONIAL DOCUMENTS. [174& 

M r Stelle, & M r ffisher from the House of Assembly Pre- 
sented for the Concurrence of this House, a Bill Entituled, 
An Act to Enable the Inhabitants of the County of Middle- 
sex, to Build a Work House, & House of Correction, within 
the s d County, & to make rules, & Orders for the Govern- 
ment of the same. 

A Message from the House of Assembly in the following 
words 

Ordered, that M r Crane, & M r Hopkins, wait on the Coun- 
cil, & Acquaint them, that this House desire to be informed 
what Progress they have made in the Bill for the more Effect- 
ual Preventing of Lotteries &c a & in the Bill to Erect, & 
Establish Courts, in the several Counties of this Colony &o a , 
and also in the Bill for the better Enabling of Creditors to 
recover their just Debts from persons who Abscond themselves. 

THO B BABTOW Clk 

This House having rec d information, that on Tuesday night 
last there was a Meeting of a great Number of Rioters, at 
the Widow Hamptons in Raway, & thaf Amos Roberts was 
amongst them & that they were entring into a Combination 
under Oath, and that Eliphalet Frazey, & Long Abraham 
Shotwell had been present & refused to Enter into said Com- 
bination 

Ordered, that the said Eliphat Frazey & Abraham Shot- 
well, do attend this House, to Testify in behalf, of our Sover- 
eign Lord the King ; and that the Sarjeant at Arms do bring 
them before this House with all speed. 

The House Continued till Friday December 2 d 1748 

The House met Present 

The Hon ble James Alexander Andrew Johnston 
R. H. Morris 

Edward Antill Peter Kemble 

James Hude Thomas Leonard 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 21 

Yesterday this House Examined Ralph Smith Esq r one of 
His Majesty's Justices of the Peace for the County of Hun- 
terdon, & now this day, his Examination being Copied fair, he 
deposed thereto which being read, it Appears amongst other 
things he has declared that about three weeks ago one 
Roberts was at his House, & he said to the deponant, that he 
was going to Settle the Peace of the Province, that the 
depon* afterwards had heard that the s d Roberts, had, had 
several Meetings with the Rioters in Hunt : County, & had 
added two men, to Wit, John Belleau & John Burbridge to 
the Committee of these Rioters, that on 14 th of September 
last two Persons came in Voluntarily before the Depon* & 
declared their Grief for being Concerned with the Rioters, 
that before they were Concerned with them, the Rioters 
threatened, that if they did not join & assist them, they 
would pull down their Houses, that the said two Persons then 
Signed a Certificate, before the s d Ralph Smith to that pur- 
pose, which he laid before this House ; & that s d two persons, 
at same time requested, the depon* to keep their names Secret, 
least it should be known to the rest of the Rioters, for then 
they said they should be in danger of their lives. 

Ordered, that it be referred to the Committee appointed to 
Consider of the Rioters. 

M r Leonard from the Committee, to whom the Bill Enti- 
tuled, An Act to settle the Quotas of the several County's 
& was referred, reported, that the Committee had gone 
through the same, to which they had made two Amendments, 
which he was ready to report, when the House would be 
Pleased to receive the same. 

Ordered, that the report be made immediately 

Whereupon he read the amendments in their Places, & 
delivered the same in at the Table. 

Ordered, that they be read a second time 

And the Amendments being read a Second time was agreed 
to by the House. 

Ordered that the s d Amendments be Engrossed 



22 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The Bill Entituled, An Act to settle the Quotas of the 
several County's & with the Engrossed Amendments being 
read a third time. 

and the Question being put 

Resolved, that the s d Bill as amended Do pass 

Ordered, that the speaker do sign the same 

Ordered, that M r Leonard do carry the s d Bill with the 
Amendments to the House of Assembly, & desire their Con- 
currence to s d Amendments. 

Ordered, that M r Leonard do acquaint the House of 
Assembly, that the three Bills mentioned in their Message of 
Yesterday are under the Consideration of the Committees of 
this House. 

M r An till from the Committee to whom the Bill Entituled 
an Act for the more Effectual Preventing of Lotteries & c 
was referred, reported that the Committee had gone through 
the same, to which they had made some Amendments, which 
he was ready to report, when the House would be pleased to 
receive the same. 

Ordered, that the report be made immediately 

Whereupon, he read the Amendments in their places and 
delivered the same in at the Table. 

Ordered, that they be read a second time 

And the Amendments being read a second time, was agreed 
to by the House. 

Ordered that the s d Amendments be Engrossed 

The House Continued till 

Three O'Clock in the Afternoon 
The House Met Present as before 

The Bill Entituled an Act for the more Effectual prevent- 
ing of Lottery's & with the Engrossed Amendments was 
read a third time. 

And the Question being put. 

Resolved, that the & d Bill as amended do pass 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 23 

Ordered, that M r Leonard do carry the s d Bill with the 
Amendments to the House of Assembly, & desire their Con- 
currence to s d Amendments. 

M r Leonard reported, that he had obeyed the Orders of 
the House of this morning 

Elphalett Frazee, & Abraham Shotwell Sen r being brought 
before this House according to the Order of Yesterday were 
Severally, and apart Examined by this House, & their depo- 
sitions taken in writing, by which it appears that on tuesday 
last there was a meeting of the Rioters at the House of the 
Widow Hampton in Raway, about the number of Sixteen or 
Seventeen among which were Amos Roberts, & Cap* Wheeler 
of Newark, Wycoff & Hageman from beyond Brunswick, & 
Joseph Smith from Popack, that further Engagements, were 
there drawing for them to Enter into, that Endeavours & 
Arguments were used with Abraham Shotwell to join them, 
such as how fine a thing it was for them to join together in 
defence of their country. That it appears from these Affi- 
davits, that one John King, and the Widow Hampton can 
give further information Concerning this matter. 

Ordered, that the said John King and the Widow Hamp- 
ton do attend this House, to testify in behalf of our Sove- 
reign Lord the King, and that the Serjeant at Arms do bring 
them before this House with all Speed. 

The House Continued till 



Saturday December 3 d 1748 
The House Met Present 

The Honb 1 ' Ja 8 Alexander Esq r Speaker 

M r Morris M r Johnson 

M r Antill M r Kemble 

M r Hude M r Leonard j 

M r Leonard reported, that he had obeyed the Order of the 
House of Yesterday afternoon 



24 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The bill Entituled, An Act to Enable the Inhabitants of 
the County of Middlesex to build a Work House & c was 
read the first time & Ordered a second reading 

A message from the House of Assembly in the following 
words 

Ordered, that M r Lawrence, & M r Learning, do wait on 
the Council with the amendments of this House, to the Coun- 
cils amendments, to the bill for the more effectual preventing 
of Lotteries & c ; & desire their Concurrence to the same 

THO S BARTOW Clk 

Which Amendments being three times read, are agreed to 
by this House. 

Ordered that M r Leonard, do acquaint the House of Assem- 
bly, that this House have agreed to the amendments of this 
House, to the Councils amendments, to the Bill for the more 
Effectual preventing of Lotteries & c 

A Message from the House of Assembly in the following 
words 

Ordered, that M r Lawrence, and M r Learning, wait on the 
Council, with the Bill to Enable the Legislature to Settle the 
the Quotas & c , with the Amendm* 3 of the Council to the same 
and Acquaint them that this House have rejected the s d 
Amendments & adhere to the bill 

THO S BABTOW, Clk 

The House Continued till 

Tuesday Dec r 6 th 1748. 
The House Met Present 
The Hon ble James Alexander Speaker 1 

Rob* H. Morris Andrew Johnston I -p rs 
Edw d Antill Peter Kemble I 

James Hude Tho s Leonard J 

The Speaker acquainted the House, that he had procured 
a Copy of His Excellency's Speech, which was read, and is 
in the following words 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 25 

Oentlemen of the Council, & of the General Assembly 

Your steady Application to so many of the Affairs of this 
Session as have Lain before you, make me hope that this 
Court may soon rise, but as yet I don't find any motion made 
either by the Council or by the House of General Assembly 
upon what I recommended to you respecting a Villianous 
Combination of Wicked Persons, who are daily, as the Con- 
sumption, in the Body Natural, Gnawing at the very Vitals 
of all your Estates, & Properties by Counterfeiting the bills 
of Credit of this Province, & the fforeign Coins passing Cur- 
rent amongst us according to Law. This is an Iniquity to 
be punished by the Judges, & it is the undoubted duty of 
the Legislature to Strengthen their hands by some further, 
Effectual Law, for bringing such bold Offenders to Condign 
punishment 

But Gentlemen, I am sorry to have Occasion to lay before 
you at this time, & what I have often mentioned ; & that is 
the unhappy situation of this Province, with respect to the 
great number of Rioters, in so many parts of it ; & this, not- 
withstanding the Great Lenety of the Governm* in passing 
several Laws to draw them into their duty, & Obedience, to 
the Kings Authority & to the Laws of the land. The Hon ble 
the Council of Proprietors of the Eastern Division of this 
Province, have lately Presented me with a large Memorial of 
Complaint on this head, & the Sheriff of the County of 
Essex, 1 has laid before me an Ace* of these Audacious Villians 
forcing open the doors of the County Goal, & delivering out 
a most notorious wicked Ringleader among these Rioters, 
who stood there Committed for High Treason, & I have had 
brought me many other informations in this Affair, which the 
Secretary shall deliver you, & I believe you will then think 
with me that these things are done in a sort of open Rebellion, 
against our Sovereign Lord the King, His Crown, & Dignity, 
& in Manifest Contempt of all Laws Divine & Humane. It 
is then the Indispensible Duty we owe to God, to the King, 

1 John Styles, Deputy Sheriff and keeper of the goal, N. J. Archives, VII., 350, 433. 



26 NEW JERSEY COLONIAL DOCUMENTS. [1748 

& to the Present & rising Generation in this Province, no 
longer to dally or delay, but to rouze out of Sleep, and do 
every Possible thing in our power for Suppressing & bring- 
ing to an end those dreadful Confusions. 

And I must now Apply my self to you Gentlemen of 
the General Assembly, in whose Province it Lies, to 
Grant Money for the Support & protection of the Kings 
Governm* & the Officers, & others in the Execution of their 
Duty, that you would chearfully do what may be necessary 
& then I believe we should Soon see those Clouds Scatter & 
be lost. 

Gentlemen of the Council & of the General Assembly 

The eyes, of our Neighbours, as well as all those of this 
Province who are honest good men, & Loyal Subjects to His 
Majesty, are fix'd, & waiting upon the .Councils, & final de- 
terminations of this Legislature in their present Session ; let 
me then Conjure you by the love to the Great blessing of 
good Governm* ; by that strong Inducement self Interest, & 
in love to your Posterity, that you would without delay in 
good Earnest apply your selves to the finding out some 
Effectual method for Crushing this vile Spirit of Subverting 
all good rule & Order 

Perth Amboy ) J. BELCHER 

Dec r 3 rd 1748 / 

Resolved, that an humble Address be presented to Hi& 
Excellency in Answ* thereto 

Ordered, that the Chief Justice, M r Antill, & Mr' Hude 
be a Comittee to prepare a draught of the same, and report 
it to this House with all Expedition 

M r ffisher, & M r Learning, from the House of Assembly 
presented for the Concurrence of this House, a Bill Entituled 
an act for the support of the Government of His Majesty's 
Colony of New Jersey for one year, to Commence the tenth 
day of August, one thousand seven hundred and fforty eight ; 
& to end the tenth day of August one thousand seven hun- 



1748] JOURNAL OP THE PROVINCIAL COUNCIL. 27 

dred and fforty nine, & to discharge the Publick Debts, & 
the Arrearages, & Contingent Charges thereof, which bill 
was read the first time, & Ordered a second reading. 

The Clerk of this board having on ffriday last (by Order 
of this House) delivered to His Excellency the Governor, 
the Depositions & papers taken by, and laid before this 
House Concerning the Rioters which are those Chiefly referred 
to in His Excellency's Speech, the Clerk of this House by 
Order thereof has made Copy's of the whole, & attested 
tkem for the use of this House, & by Order of His Excell' 7 
& Consent of this House, delivered them Yesterday to the 
Speaker of the House of Assembly then sitting, as what was 
referred to in His Excellency's Speech. 

The Speaker laid before this House the Deposition of John 
King, taken before himself, Chief Justice, & M r Leonard, on 
Saturday last & the depositions of Elizabeth Hampton, 1 & 
John Bird her Son, taken before him, & M r Johnston Yes- 
terday, by which is Confirmed what was said in the deposi- 
tions of Eliphalet Frazee, & Abraham Shotwell, 2 & particu- 
larly that ffurther Engagements were entring into by them, 
for standing by one another, & for raising Money ; and the 
Widow Hampton saw amongst them papers with several Seals 
to them, which She understood for that purpose ; that it was 
a Meeting before appointed by these people to be at her house 
were understood to be Committee Men of the Rioters ; that 
the first News of Roberts being in Goal Came to her house 
at Breakfast time on tuesday last, that most of the same Men 
had been at Another Meeting at her house in the first or Sec- 
ond Week in October Last and at Another Meeting there on 
the ffourth Tuesday in September last. 

The Speaker also laid before this House the deposition of 
John Kenny of Morris County, taken Yesterday before him- 
self, & M r Johnston, by which it appears, that the Committee 
of the Rioters do Tax the Rioters sums of Money for the 
Support of their pretended rights, that one of the Riotera 

Sec. N. J. ArcMves, VII., 181. 
2 Ibid., 179. 



28 NEW JERSEY COLONIAL DOCUMENTS. [1748 

had lately been Taxed 13 & that he said he had 
been from time to time Taxed so much before, that with that 
13 ?j 1) he might have bought his Plantation from the 
Proprietors for it, that he being Entrusted with the Care of 
the Lands of Mess Penns Proprietors of Pennsylvania 
which lye in Morris County in this province he has been 
often for several years past informed by the Tenants on that 
Land, that John Cundit one of the Rioters Committee at 
Newark, Samuel Harrison a Justice of the Peace in Essex, 
with others had been tempering with them to take Leases for 
their Possessions, of the Rioters Committee at Newark, that 
he believed they had all refus'd to Comply with their Impor- 
tunity's & threats, till about the beginning of August last ; 
when he saw the said Cundit & Harrison, & one Young in 
Morris County, & that they had then drawn over three of 
the said Tenants but all the rest refused. Says he is well 
acquainted with the Lands in Turky belonging to Kearneys 
Children, Ashfields Children, Dunstar, Alexander & Dockwra, 
& that they had been the best Timbered Land in New Jersey, 
that daily for three years past 10 or 12 Team of Staves & 
Heading has been Carried off by the Rioters, so that now 
scarcely any good Timber is left that can be easily Approached 
by a Team upon these Lands. 

Ordered, that the Clerk of this Board make Attested 
Copies of the said four Depositions, & lay the Originals 
before His Excellency, <fe if His Excellency pleases to lay 
them before the House of Assembly. 

M r Leonard reported that he had Obeyed the Order of the 
House of Saturday last. 

A Message from the House of Assembly in the following 
words. 

Ordered, that M r Kearney, & M r Crane, wait on the Coun- 
cil with the bill Engrossed with the Amendments of the 
Council, & Amendments of this House to s d Amendments, 
Entituled, An Act for the more Effectual Preventing of Lot- 



1748] JOURNAL OP THE PROVINCIAL, COUNCIL. 29 

teriea &, & acquaint them that this House have passed the 
same as now Engrossed. 

THO" BARTOW Clk 

Which bill being compared 

Ordered, that the Speaker do sign the same 

The House Continued till 



Three O'Clock in the afternoon 
The House met Present as before 

The bill Entituled, An Act to Enable the Inhabitants of 
the County of Middlesex to build a work House & was read 
a second time, & Committed to the Gentlemen of the Council 
or any three of them. 

The bill Entituled, An Act for the Support of the Gov- 
ernment of His Majesty's Colony of New Jersey & was read 
a second time, and Committed to the Gentlemen of the Coun- 
cil, or any three of them. 

This House taking into Consideration the Message of the 
House of Assembly by M r Lawrence & M r Learning of Sat- 
urday last, acquainting this House, that the House of Assem- 
bly rejected the Amendments made by this House to the bill 
Entituled, An Act to Enable the legislature to settle the 
Quotas of the several Counties & 

And the Question being put, whether the House Adhere 
to their Amendments ? 

It was Carried in the Affirmative. 

Ordered, that M r Leonard do Carry the s d bill to the 
House of Assembly, & Acquaint them that this House 
Adhere to their Amendments. 

The House Continued till 



30 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Wednesday December 7 th 1748 
The House met Present 

The Hon ble James Alexander Esq r Speaker 
Robert Hunter Morris Andrew Johnston ^ 
Edward Antill ^ Peter Kemble V Esq rs 

James Hude Tho 8 Leonard ) 

The Speaker laid before this House the ffurther Deposition 
of John Kenny taken yesterday before him, by which it 
appears that he is Intrusted with the Care of the Lands in 
the Counties of Essex, Somerset, & Hunterdon belonging to 
Mess" Penns in this Province that the last Winter before this 
present Winter he had received information of a great 
Destruction of the Timber on the land belonging to said 
Penns in Morris County, & that the Timber so cut was Car- 
ried to the Saw Mill of one Jonathan Whitaker, a Justice of 
the Peace in the County of Somerset, that the said Kenny 
went to said Saw Mill, & there saw about a hundred Gum 
Logs lying about said Mill, & upon the ends of s d Logs found 
the Initial letters of the names of the Persons who had 
brought them, by which said Kenny knew many of the Own- 
ers, that there were some Logs mark'd with letters whose 
Owners s d Kenny knew not, upon which he ask'd Whitaker 
who they were, which Whitaker refused to tell him, but 
answered, do you think me such a ffool as to tell you, it's my 
Interest to draw Custom to my Mill, but that would be the 
ready way, to drive it away, s d Kenny then demanded a Sum- 
mons of s d Justice Whitaker against those Men the Depon* 
knew, which Whitaker also refused, saying if the Logs had 
been taken from a poor man or an honest man it had been 
another thing, but there was no such thing in Nature as to 
wrong the Devilish Proprietors for, said he, I don't believe 
there's a drop of honest Blood amongst the whole Proprietors, 
<fc their Council That s d Whitaker is a Tennant on Penns 
Lands in Somerset County, & s d Kenny believes paid rent to 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 31 

one Mkaine, another person joined with said Kenny, in the 
Oare of said Penns Lands That some of the persons whose 
marks were found on the s d Logs Offered to make some small 
satisfaction, but some time after they retracted their offers 
and never since have made any Satisfaction to s d Penns or 
Kenny to his Knowledge or belief That he has often been 
with said Whitaker on this and other occasions, & by his 
ffrequent revilings of the Proprietors, & Speeches in favour 
of the Mob Men, he believes him to be a Countenancer of 
the Mob Men. 

Ordered, that the Clerk of this board make an Attested 
Copy of the s d Deposition, and lay the Original before His 
Excellency, and if His Excellency pleases, to lay it before 
the House of Assembly. 

M r Leonard reported that he had Obeyed the Order of the 
House of Yesterday afternoon 

M r Morris from the Committee appointed to prepare a 
Draught of an Address, in answer to His Excellencys Speech 
reported that the Committee had prepared an Address accord- 
ingly which was read & Sundry Amendments being made 
thereto was approved of, & Ordered to be Engrossed. 

The House Continued till 



Three O'Clock in the afternoon 
The House met Present as before. 

The Clerk informed this House that by Order of His 
Excellency the Governor, he had this [day] delivered to the 
Speaker of the Assembly, the Depositions of Elizabeth 
Hampton, John Bird & John Kenny, that before he had 
delivered those Depositions, he had made Attested Copies of 
them for the use of this House. 

The Engrossed Address being read & Examined 

Ordered, that the Speaker sign the same 

Ordered, that the Chief Justice, & M r Johnston do wait 



32 NEW JERSEY COLONIAL DOCUMENTS. [1748- 

on His Excellency, & Acquaint him that the House is ready 
to Attend him with the said Address, when His Excellency, 
will be pleased to receive the same. 

The House resolv'd itself into a Committee of the whole 
House to Consider of the Traitors, & Rioters, & after some 
time spent therein M r Hude Chairman reported that they 
had made some further progress in that matter, & hoped to 
make a ffinal report tomorrow morning, & desired leave to 
sit again for that purpose, to which the House agreed : 

The House Continued till 



Thursday December 8 th 1748 
The House met Present 

The Honb le James Alexander Esq r Speaker 
Kob* H. Morris Andrew Johnston ^ 
Edward Antill Peter Kemble V Esq" 

James Hude Thomas Leonard J 

A Message from the House of Assembly in the following 
words, 

Ordered, that M r Vanmiddles worth & M r Hancock wait 
on the Council, & Acquaint them that this House desire to 
be informed what further Progress the Council have made in 
the bills which they Signified were under the Consideration 
of Committees on the 2 d Inst : And also what Progress they 
have made in the other Bills sent from this House for their 
Concurrence, & which remain with them 

THO" BARTOW Clk 

M r Chief Justice, & M r Johnston, reported that they had 
waited on His Excellency, who was pleased to say he would 
be ready to receive the Address of this House, to'morrow 
morning at eleven O'Clock. 

The House Continued till 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 33 

Two O'Clock in the Afternoon 
The House met Present as before 

M r Leonard, reported that he had delivered the Message of 
this House of this morning, to the Speaker of the Assembly, 
the House then sitting 

M r Morris, from the Committee to whom was referred the 
Affidavits, & papers relating to the Money Makers, reported 
that they had gone through the same, & were of Opinion, 
that it was almost Impossible to Convict any of those Crimi- 
nals in the County of Morris, where there appeared to be 
very great Numbers of Persons Concerned. And as the 
County of Essex, & some other Counties were in a State of 
Rebellion, it would be dangerous to hold Courts of Oyer & 
Terminer & Goal delivery in them, as it would Subject the 
Judges and Officers of such Courts to the Insults of a Rebel- 
lious Mobb. The Committee are therefore of Opinion, that 
a Bill be prepared & brought in to Enable His Excellency 
the Gov r or the Commander in Chief for the time being to 
Grant Commissions at any time for One Year to Come, &. 
untill the End of the next Sessions of General Assembly for 
Trying the Persons Concerned in the Counterfeiting & Coin- 
ing of Money in such County & by Juries of such Countys 
as he or they, by the Advice of His Majesty's Council shall 
think fit : And the Committee are further of Opinion, that 
as the apprehending, Transporting, & Trying the several Per- 
sons accused of being Confederate in the Coining & Coun- 
terfeiting Money ^11 be attended with very Considerable 
Charge & Cannot be done unless a sufficient Sum of Money 
be provided ; as there is no Money appropriated for paying 
the Contingent Charges of the Government ; the Committee 
therefore propose that, a Conference be demanded of the 
House of Assembly upon the subject, matter of the Coiners, 
& Counterfeiters of Money : And that the Committee ap- 
pointed to Conferr be Instructed to inform the Committee 
of the Assembly, what this House proposes to do, relating to 

3 



34 NEW JERSEY COLONIAL DOCUMENTS. [1748 

this Matter ; & to recommend it to them to make provision 
of Money for defraying the necessary Charges attending the 
Apprehending, & prosecuting the Criminals. 

To which report the House agreed 

Ordered, that M r Morris, & M r Hude, be a Committee to 
Prepare, & bring in a Bill to Enable His Excellency, or the 
Commander in Chief for the time being at any time within 
two years, & untill the end of the next sessions of General 
Assembly thereafter, to Grant Commissions for trying any of 
the persons Guilty of Coining or Counterfeiting money or 
Accessary's thereunto, in such of the Counties of this Prov- 
ince, as He by the advice of His Majesty's Council shall 
think fit. 

Resolved, that a Conference be demanded with the House 
of Assembly upon the Subject Matter of the Comers, and 
Counterfeiters of Money. 

Ordered, that M r Morris do wait on the House of Assem- 
bly, & request them to appoint a Committee, to Confer with 
a Committee of this House, on the Subject matter of the 
Coiners and Counterfeiters of Money ; & at the same time 
Acquaint them, that, this House have appointed M r Morris, 
M r Antill, & M r Kemble assisted by the Speaker, to be a 
Committee to Confer with such Committee as the House of 
Assembly shall appoint for that Purpose. 

Resolved, that the following Instructions be given to the 
Committee of this House, upon the said Conferrence ; 

1 st to inform the Assembly's Committee, that this House 
propose to bring in, & pass a bill for Enabling the Governor" 
or Commander in Chief of this Province for the time being, 
to Grant Commissions for the trying any of the persons 
Guilty of Coining & Counterfeiting the money in such 
County, as by the Advice of His Majesty's Council shall be 
thought fit; & to give them the reasons that Induce this 
House to take that step. 

2 dly To recommend it to the Assembly's Committee, in the 
Strongest Terms, to provide for the necessary Charge of 
Apprehending, & bringing those people to Justice. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 35 

3 dly To Communicate to the Assembly's Committee the 
severall Affidavits, Examinations, & papers relating to this 
Matter. 

The House Continued till 



Friday December 9 th 1748 
The House met Present 

The Hon ble Ja 8 Alexander Esq re Speaker 
Rob* H. Morris And r Johnston *j 

Edward Antill Peter Kemble VEsq" 

James Hude Tho" Leonard J 

M r Hude from the Committee, appointed to join a Com- 
mittee of the House of Assembly, to Inspect & burn the 
Cancelled Bills of Credit in the hands of Andrew Johnston 
Esq r reported that the Committee was ready to make report 
thereof when the House would be pleased to receive the same 

Ordered, that the report be made immediately 

The Committees appointed to Inspect, & burn the Can- 
celFd Bills of Credit, agree that James Hude Esq r make the 
following report to the Council Viz* 

That there should have been Cancelled in Bills of Credit 
& brought into the Treasury of the Eastern Division, from 
the several Countys therein of the 20,000 in the year 1744, 

1745, 1746, 1747, 1748, & of the 40,000 in the Years 

1746, 1747, & 1748, as follows Viz* 



Bergen.. of the 20,000 in each year 204 
of the 40 000 4no 


15 ia 1023 

10 ,, 1*8 


,,15, 
M 10 





















2252" 5,, 


Essex Of the 20,000 


340 M 


5,, 


1701 


,, 5, 





a difficiency reported 


in 1743 




206 


,,17, 


6 


Of the 40,000 


680 ,, 


10,, 


2041 


,,16, 






3949 12 ,, 6 

Middlesex...Of the 20,000 287 6 1436 5 

Of the 40,000 574 10 1723 10 ,, 

3159 ,,15,,- 



36 NEW JERSEY COLONIAL DOCUMENTS. [1748 



Monmouth..Of the 20,000 423 17 6 2119 , 

a difficiency reported in 1743 12 , 

Of the 40,000 847 15 2543 , 



Somerset Of the 20,000 97 10 487 , 

Of the 40,000 195 585 , 



5,,- 



4674,, 18,, 3 



10,, 



1072 10 
15,109,, 0,, 9 

That Andrew Johnston Esq r Treasurer of the said Division 
laid before the Committee 48 bundles of Canceled bills which 
were examined & burnt by them brought into the Treasury 
from the Several Counties as follows Viz* 

Bergen 5 bundles Containing 2252 5 

Essex 11......... 3925,, 4,, 

Middlesex 6 3159 15 

Monmouth 20 3760,, 8 10 

Somerset 6 1072 10 



14170,, 3 ,,10 
By which it appears that Essex 

is deficient 24 8 6 

Monmouth 914 ,,9 5 



938 ,,17 ,,11 
15,109,, 0,, 9 

That the said Treasurer also laid before the Committees 4 
bundles of Cancelled ragged & torn Bills, received by him 
in Exchange for new bills, which ragged bills were examined 

& burnt by the Committees Amounting to 754 18 6 

By Order of the Committees 

JOHN EATTON JAS: HUDE 

M r Chief Justice reported that he had Obeyed the Order 
of this House of Yesterday afternoon. 

M r Chief Justice Chairman of the Committee to whom it 
was referred to bring in the bills Ordered Yesterday, 
reported that as they found the necessity's nearly alike as to 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 37 

the Traitors Rioters Counterfeiters, & Coiners, so they Con- 
ceived so far as they were alike, they ought to have the like 
Remedy's, & therefore had prepared a bill, Entituled, An 
Act for the more Speedy Tryal of such persons as have been 
Guilty of the lat* Treasons & Riots, & of Counterfeiting the 
bills of Credit, & the Coins passing Current within this 
Province. 

Which bill was read a first time, & Ordered a second 
reading. 

M r Hude from the said Cummittee laid before this House 
a bill, Entituled, An Act for the Attainder & Conviction of 
Amos Roberts, Simon Wycoff and others therein named, of 
the Treasons & Riots, of which they respectively stand 
Indicted, or Accused, unless they shall render themselves to 
Justice by a day Certain therein named. 

Which Bill was read a first time & Ordered a second 
reading : 

The Council waited on the Governor, with their address 
before mentioned, Which is in the following words 

To His Excellency Jonathan Belcher Esq r Captain General 
& Governor in Chief in and Over His Majesty's Province of 
New Jersey, and Territories thereon depending in America 
Chancellor, & Vice Admiral in the same 

The Humble Address of His Majesty's Council for the 
Province of New Jersey in General Assembly met 

May it please Yor Excellency 

We beg Your Excellency to Accept of the thanks of His 
Majesty's Council, for your favourable Speech to both Houses, 
delivered on the third Instant, wherein you have, with so much 
Justice, Express'd the unhappy Circumstances of this pro- 
vince ; and the dangerous Consequences, that must attend our 
Suffering the Spirit of Rebellion any longer to pass unpun- 
ished ; And we do assure your Excellency we are highly 
Sensible of the just regard you shew for the true Interest & 



38 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Peace of this Province, & your zeal for His Majesty's Author- 
ity and Government which, as your Excellency Observes, has 
been treated with great Contempt. 

What your Excellency Recommended to us at the Open- 
ing of this Sessions, relating to the Coining, tfe Counterfeiting 
Money we had under our Consideration, very soon after our 
meeting at this place, & referred the same to a Committee, 
who had made a Considerable progress in the matter ; and 
upon this Head, we think it our duty to Observe to your 
Excellency, that Sundry of the Magistrates and Officers of 
the County of Morris, the place where most of this Villain- 
ous practice has been Carried on, have been, and still are very 
remiss & negligent in discharge of the duties of their Offices, 
which has much Contributed to the Growth of that Villainy 
there : And notwithstanding the Discovery's that have been 
made, & the numbers that have been taken and Examined, 
we have reason to believe the thing is not yet Searched to the 
bottom. 

As the Province is at present Circumstanced, we think the 
Aid of the Legislature necessary for bringing these Crim- 
inals to Justice, and shall, as soon as possible, propose some 
Laws for that purpose. 

We are heartily Concerned to find, by Sundry Affidavits 
and Examinations, that were under our Consideration at the 
time we were favoured, with your Excellency's Speech, that 
the great, & unexampled, Lenety of the Government, towards 
the Disturbers of the Province, had been treated with such 
Contempt that only twenty three, of the many hundreds, that 
stood in need of the pardon offered them, had Submitted 
themselves, and taken the Oaths to the Government ; and only 
nine of them have conformed to the Terms Prescribed in the 
Pardon: This; may it please your Excellency, but too plainly 
shews that those bold, & daring People are determined to go 
on in prosecution of their Traiterous designs against the Kings 
Authority and Laws ; and to set the Government at open 
defiance ; and their new Associations, Collecting of Money, 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 39 

taking one of their Captains out of Goal, who stood charged 
of High Treason, at this time, when the Legislature is Sitting; 
are ffully sufficient to show what is to be expected from the 
groth and increase of these Rebellious people, if some Vig- 
ourous, and Effectual measures are not taken to put a stop to 
their Progress 

We assure your Excellency we have the Interest and wel- 
fare of the Province too much at Heart, and are too deeply 
affected with the misery of many of our ffellow Subjects, to 
whom the Laws Cease to be a protection, to Suffer our selves 
to Sleep when we are Surrounded with dangers, that threaten 
the Destruction of all our Property's, and strike at the very 
foundation of our dependance on the Crown of Britain : And 
your Excellency must have observed that we have been always 
wakeful in this Affair, and have done our utmost Endeavours 
to put an end to these disorders. 

We beg leave to Inform Your Excellency, that ever since 
our meeting, we have given this Affair our Chief attention, 
as we Esteemed it a matter of the Greatest Importance ; we 
have taken many Examinations, which from time to time 
had been laid before your Excellency, and have got the best 
information we Could relating to the practices, & further 
designs of those daring disturbers, and we are now employed 
in considering of those remedy's that may be most Adequate 
to the purpose. 

As the Legislature is now sitting, and have this Important 
affair under their Consideration, it will, as your Excellency 
justly Observes, be of most Pernicious Consequence to rise 
without coming into some Vigirous Measures for restoring 
the Peace of the Province ; we therefore hope your Excel- 
lency will not put an end to this Sessions, till the several 
branches of the Legislature have had ffull time to Consider 
of this matter, and to agree upon the proper remedies. 

We are very sorry to tell your Excellency that these dis- 
turbances have now Subsisted so long, and the Persons Con- 
cerned in carrying them on are Grown so strong, that there 



40 NEW JERSEY COLONIAL DOCUMENTS. [1748 

is an absolute necessity of a Vigour-oils Interposition of the 
Legislature, in Order to restore to the people the benefit of 
the Laws & save this unhappy province from falling a prey 
to a Lawless and rebellious Mobb, who Trample upon the 
rights of mankind, and have the Insolence to treat His 
Majesty's name and Sacred Authority with the most Con- 
temptious Slights. 

To put a stop to these Extraordinary Proceedings, we shall 
do our utmost Endeavours, in our Legislative Capacity, to 
obtain Proper Laws for giving strength to His Majesty's 
Government, and Enabling your Excellency to protect the 
persons & Estates of his Majesty's Subjects Committed to 
Your Charge : And if we find that we Cannot put an end 
to these disorders among ourselves, we shall then, as in duty 
bound, be ready to join with your Excellency in laying the 
State and Condition of this province at His Majesty's ffeet, 
from whose paternal Care he have reason to expect that pro- 
tection, which, to the Glory, & Honour of His Reign, He has 
always Extended to His most remote Dominions, and to all 
that have the happiness to live in Subjection to His Authority. 
By Order of the House 

JAMES ALEXANDER Speaker 

Perth Amboy 1 
December 7 th 1748 J 

The Council being returned, the Speaker reported that 
they had delivered their & d Address to His Excellency, who 
favourably received it, & said he would send an Answer. 

M r Kemble from the Committee to whom the Bill Enti- 
tuled An Act to Enable the Inhabitants of the County of 
Middlesex to build a Work House, & House of Correction 
within the said County, & to make rules & Orders for the 
Governm* of the same was Committed, reported the same 
without Amendment, 

To which the House agreed 

Ordered, that the said Bill be read the third time which 
was done accordingly. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 41 

And the Question being put, whether that Bill pass or not ? 

It passed in the Affirmative 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Johnston, do wait on the House of As- 
sembly, & Acquaint them that the bill Entituled An Act to 
Enable the Inhabitants of the County of Middlesex to Build 
a Work House, & House of Correction within the s d County, 
& to make rules, & Orders for the Government of the same, 
passed this House this day. 

M r Hude from the Committee, to whom the bill, Entituled 
An Act to Erect & Establish Courts, in the several Counties 
of this Colony for the Tryal of small Causes, was referred, 
reported the same with one Amendment, which he read in its 
place & delivered the same in at the Table 

Ordered, that the said Amendment be read a second time, 
which was done accordingly & agreed to by the House : 

Ordered, that the said Amendment be Engrossed 

The bill with the Engrossed Amendments being read a 
third time, and the Question put ; whether the said bill do 
now Pass? 

The previous Question was put, whether the said Question 
be now put ? 

It was Carried in the Negative. 

The House Continued till 

Three O'Clock in the afternoon 
The House met Present as before 

His Excellency having by the Secretary, sent for the House 
of Assembly to receive their address ; they attended, when 
their Speaker addressed himself to His Excellency, & this 
House, in the following words 

May it please your Excellency & Honours 

Before I perform the Commands of the Honourable House 
of Assembly, I humbly Crave leave to declare my Publick 



42 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Dissent to this Address, which I am now to deliver to your 
Excellency ; tho by the duty of my Office I have been 
Obliged to sign the same. And the reason of my Dissent is, 
that I agree with the Sentiments of Your Excellency in Your 
last Speech to the Gentlemen of the Council and of the Gen- 
eral Assembly, that it is our Indispensible Duty no longer to 
dally or delay, but to do every possible thing in our Power, 
for Suppressing & bringing to an end the dreadful Confusions 
in this province, occasioned by the progress of the Rioters, 
and their wicked and mischievous Combinations to Subvert 
all good rule & Order in this His Majesty's Government of 
New Jersey. I humbly hope your Excellency & Honours 
will pardon this digression, because I Could not obtain the 
Liberty of having my Dissent entred upon the Minutes of 
our House : I have therefore reduced it to writing, that no 
misapplication, or misconstruction may be made of my 
words & meaning ; and with Submission, present the same to 
your Excellency & Honours 

SAMUEL NEVILL, Speaker 
Perth Amboy, December 9 th 1748. 

Then the Speaker of the Assembly delivered the Address 
of that House in the following words 

To His Excellency Jonathan Belcher Esq r Captain Gen- 
eral & Governor in Chief in and Over His Majesty's Prov- 
ince of New Jersey, and Territories thereon depending in 
America, Chancellor & Vice Admiral in the same & ca 

The Humble Address of the House of Representatives 

May it please Your Excellency 

We beg leave to return your Excellency our thanks for 
the notice You are pleased to take of our steady application 
to the Affairs of this Session, & to Assure you, that we have 
been, & Still are, Sincerely disposed to get through the busi- 
ness of it, with all possible dispatch, that we might rise 
according to our own desires, & your Excellency's Expecta- 
tion 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 43 

When Your Excellency, at the opening of this Session, 
acquainted us with the discovery of a number of persons 
being Concerned in the Villanous Practices of Counterfeiting 
our bills of Credit, & the fforeign Coins passing Current 
amongst us, we apprehended they would have been Punished 
by the Laws of this Colony ; humbly Conceiving, that were 
they duly put in Execution, they would be (as they were at 
Trenton) Sufficient to bring the offenders to Condign Pun- 
ishment ; and as we have not heard that the Officers, have 
met with any Obstruction in the discharge of their duties in 
that behalf, we Conclude the defect, if any, must be in their 
Conduct. 

We are really sorry Your Excellency meets with the 
troublesome Occasion of laying before us the unhappy Cir- 
cumstances of this province with respect to the number of 
Rioters in it ; and this after the great Lenety of the Govern- 
ment to draw them into Obedience to the Kings Authority 
and the Laws of the land ; this we apprehended would have 
been both their duty, & Interest to have submitted to ; but 
the Accounts laid before us from the County of Essex, of 
those Audacious Villains fforcing open the doors of the 
County Goal, & delivering out one of their wicked Ring- 
leaders, give us to understand, that some of them have 
slighted the lenity of the Government & Continue in their 
wanton Obstinacy in opposing the Laws in a most dangerous, 
& daring manner ; It is with the greatest Concern that we 
think of what may be the Consequences of this Audacious 
madness, yet we Cannot but be humbly of Opinion, that the 
Laws now in being ought to be put more fully in Execution, 
& if then they prove insufficient, their particular defects may 
be pointed out to the next meeting of Assembly, that they 
may be able to do what may be further necessary to be done 
on the Occasion. 

This House have passed a bill, in the best manner they are 
able to do it at this time, for the support of the Government, 
and the Officers thereof; & they are willing to raise money 



44 NEW JERSEY COLONIAL DOCUMENTS. [1748 

By a Tax on the Inhabitants, to supply the difficiency of the 
Treasury for those purposes, when they Can Obtain a Law to 
Enable them to settle the Quotas of each County equally. 
By Order of the House 

SAMUEL NEVILL, Speaker. 

Divers of the members being of the people called -j 
Quakers, agree to the matter & substance of this > 
Address, with their usual Exception to the Stile, j 

To which His Excellency made the following answer. 

Gentlemen of the General Assembly 

I am sorry to find in Your Address presented to me yester- 
day so little of a substantial Answer to what I so earnestly 
recommended to You a few days ago, & I look upon it Your 
duty to make a Grant of Money for paying Men that may 
be raised for Guarding the Goals of the province & for pro- 
tecting the Civil Officers of the Government, & that you join 
with the other Branches of the Legislature in falling upon 
some good Law or Laws for bringing a great number of the 
Counterfeiters of our money, & of the Vile Combination of 
Rioters in many parts of the Province to such punishment 
as may be adequate to their Henious Crimes ; & unless you 
quickly Come into the Measures I have now mentioned, I 
expect this province & people will soon become a scene of 
Wild distraction, & Confusion, and a stage for every evil 
work. J. BELCHER 

M r Johnston from the Committee to whom the Bill 
Entituled, An Act for the better Enabling of Creditors to 
recover their just Debts from Persons who Abscond them- 
selves, was referred, reported the same with one Amendment, 
which he read in its place, & delivered the same in at the 
Table. 

Ordered, that the s d Amendment be read a second time 
which was done accordingly, & agreed to by the House ; 

Ordered, that the said Amendment be Engrossed 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 45 

The Bill with the Engrossed Amendments being read a 
third time, & the Question put ; whether the s d Bill shall 
pass or not ? 

It passed in the Affirmative 

Resolved, that the said Bill as amended do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Johnston do Carry the s d Bill with the 
Amend mt to the House of Assembly, & desire their Con- 
currence to the said Amendment. 

M r Leonard From the Committee, to whom the Bill 
Entituled, An Act for Naturalizing Hendrick Goeglets was 
referred, reported the same without Amendment. 

To which the House agreed 

The Clerk laid before this House a Certificate of Thomas t 
Bartow thereunto impowered by Dedimus Postestatum, under 
the Great Seal of the Province, whereby it appears that the 
said Hendrick Goeglets had taken the Oaths to the Govern- 
m* & made & subscribed the Declaration appointed by Law 

Ordered, that the said Bill be read a third time which was 
done accordingly. 

And the Question being put, whether the s d Bill do Pass 
or not? 

Resolved, that the same do pass. 

Ordered, that the Speaker sign the same 

Ordered, that M r Johnston do wait on the House of As- 
sembly, and Acquaint them that the bill, Entituled, An Act 
for naturalizing Hendrick Goeglets, passed this House this 
day 

The House Continued till 

Saturday Dec r 10 th 1748. 
The House met Present 

The Hon ble James Alexander Esq re Speaker 
Rob* H. Morris Peter Kemble^ 
James Hude > Esq rf> 

And r Johnston Tho 8 Leonard J 



46 NEW JERSEY COLONIAL DOCUMENTS. [1748 

The Scretary 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 the Address presented to me Yesterday, 
wherein you so heartily join with me to do all in your power 
for bringing to Condign Punishment those who are Commit- 
ting robberies upon the property's of their fellow subjects, 
while they are Daily forging and Counterfeiting what passes 
among us for Lawfull Money. 

But what gives me still a greater satisfaction is the Concern, 
& zeal you Express for Suppressing these Outrageous Offend- 
ers, who are so openly trampling under their feet the Kings 
name, Authority and Laws, & I wish some effectual Measures 
may soon be ffallen into, by all the branches of the Legisla- 
ture, to put an end to these fatal Proceedings ; but if no help 
Can be had among ourselves I shall then in a faithful Dis- 
charge of the Trust the King has reposed in me, represent to 
His Majesty the wretched state His Government, and His 
Loyal Subjects in this Province are reduced to, by a Lawless 
Seditious Crew, who seem to be just upon the brink of an 
open rebellion 

J. BELCHER 

Perth Amboy Dec r 10 th 1748. 

A Message from the House of Assembly in the following 
words 

Ordered, that M r Lawrence, & M r Hancock do wait on the 
Council & Acquaint them that this House have in their 
Address of Yesterday to His Excellency, signified their Sen- 
timents on both the Subjects matters, Proposed by the Coun- 
cil to be Confer'd upon, & that they should be glad to have 
their's on the bills before them, that when they are gone 
through this House may Apply to His Excellency to put an 
end to the sitting as they have nothing else before them. 

THO' BARTOW Clk 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 47 

The House having resolv'd itself into a Committee to 
Consider of the said Message and of an Answer thereto, & 
agreed that it be an Instruction to Consider therein the State 
of this Province in relation to the Traitors, Rioters, Comers 
and Counterfeiters; 

The day being spent in the said Committee. 

M r Leonard from the said Committee reported that they 
had made a Considerable Progress in the Matter to them 
referred, & desired leave to sit again to'Morrow tho Sunday, 
which was agreed to by the House 



Sunday Dec 1 11 th 1748 
The House Met Present 

M r Alexander M r Johnston 

M r Morris M r Kemble 

M r Antill M r Leonard 

The House having resolved itself again into a Committee 
to Consider the Matter last afores d 

After some time spent therein M r Leonard reported that 
they had made a further Progress therein, & desired leave to 
sit again. 

To which the House agreed 

The House Continued till 

m 

Monday Dec r 12 th 1748 
Present as above with M r Hude 

M r Leonard, Chairman of the Committee, to whom it was 
referred to Consider of the Message of the House of Assem- 
bly, to this House, & an Answer thereto, reported, that the 
said Committee, having taken into Consideration the said 
Message, & Address therein mentioned & referred to, upon 
reading the said Address, M r Chief Justice Observed, that he 



48 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Apprehended it Contaned reflections on the Governor & 
Officers of the Government in General, whose duty it was to 
put the Laws in Execution, & do Justice upon the Criminals 
therein mentioned ; and as he Conceived it might reflect on 
him ; that the Committee was well Acquainted with him, no 
Stranger to his Conduct in these Affairs, & if any thing they 
Could point out that he was blame worthy, he would do his 
utmost to repair his fault : If on the other hand, they thou't 
him no ways blame worthy, that they would in his Justifica- 
tion declare it in such manner as should be thought Proper : 
And then M r Chief Justice withdrew. 

Then the said Committee taking into Consideration those 
parts of the said Address wherein the Officers of the Govern- 
ment are mentioned, do find it Contains General reflections, 
& that as they don't distinguish any Persons in particular, 
he had just reason to Apprehend he might be meant as one of 
those Officers ; whereupon the Committee Came to the follow- 
ing resolution. 

Resolved, that this Committee are well acquainted with the 
Person, & Character of Chief Justice Morris, & with his 
behaviour, & great & indefatigable application to discover & 
bring those Criminals to Justice; & it is the Unanimous 
Opinion of this Committee, that he has done his utmost, & 
neglected nothing in his power, proper or rational, to be done 
for that purpose : And that His Excellency the Governor 
seems to be of the same Sentimgpits, as appears by His 
Excellency's Speech to both Houses at the beginning of this 
Session. 

Then the Chief Justice was Called in & took his place 

This Committee then further proceeded in Considering the 
said Message & Address, & the state of this Province, in rela- 
tion to the Coiners, Counterfeiters, Traitors, & Rioters, & 
thereon Came to the following resolutions 

Resolved, that as most of the Counterfeiters, & Coiners, 
already discovered, are Inhabitants of the County of Morris, 
& have many relations living there ; & from the Examina- 



1748] JOURNAL OP THE PROVINCIAL COUNCIL. 49 

tions already taken, there is reason to Suspect, that the per- 
sons unknown who have been Concerned in that Villainous 
Practice, are many more in number than the Persons already 
discovered, & known ; and being so, it is impossible for the 
Sheriff to know, but that many of the Jurors he returns for 
tryal of these Criminals, are either equally Guilty with the 
Criminals to be tryed, or relations of those who are so ; it is 
therefore the unanimous Opinion of this Committee, that it 
would tend to Defeat Justice to try any of those Criminals 
in or by Juries of the County of Morris. 

Resolved, that in Order to do justice on those Criminals 
An Act of Assembly is necessary to enable His Excellency 
the Governor to Issue Commissions for Trying them in other 
Counties, where the like dangers are least to be apprehended. 

Resolved, for the above reason, that His Excellency the 
Governor was in His duty, for not Issuing a Commission to 
Try these, and other Criminals in the County of Morris ; & 
will be in His duty, in refusing to Issue Commissions for 
tryal of any of them in that County. 

Resolved, that as to such few of the Coiners, & Counter- 
feiters as are in the Counties of Essex, Hunterdon, & Somer- 
set, it's the Opinion of this Committee, that while those 
Counties, Continue in their present state, of Rioting & break- 
ing Goals, as has so often been already done, it would be 
exposing His Majesty's authority and the person of the 
Judges and Officers, to great danger & Contempt to hold any 
Court of Oyer & Terminer, & General Goal Delivery in 
either of those Counties, for Tryal, of those and other Crim- 
inals, untill a sufficient fforce be raised to Guard & protect 
His Majesty's Goals, & the Judges and Officers while they 
are there in the Execution of such Commission 

Resolved, that as there are many hundreds of Traitors, & 
Rioters in the Counties of Essex, Hunterdon, & Somerset, & 
but very few of those as yet discovered, in comparison with 
their whole number ; and as those known & unknown have 
numerous relations in those Counties, it is impossible for a 

4 



50 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Sheriff of either of those Counties to know, but that many 
of the Jurors he returns for Tryal of these Criminals, are 
either equally Guilty, or relations of those who are equally 
Guilty, with the Criminals to be tryed ; and as the Goals of 
these Counties have been already been so often broke, and the 
Traitors and Rioters therein Committed, rescued by Mobbs 
of hundreds of People at a time, its the Unanimous Opinion 
of this Committee, that no safe or impartial Tryal can be had 
of any of those Criminals in either of the said Counties. 

Resolved, that for the above reason His Excellency the 
Governor, was in His duty in not Issuing any Commission of 
Oyer & Terminer, & Goal delivery to any of the said three 
Counties, & will Continue in His duty in refusing to Grant 
such, while those Counties Continue in the above Circum- 
stances. 

Resolved, in Order to do Justice on those Criminals, its 
necessary that an Act of Assembly be passed be pased to 
Enable His Excellency to Issue Commissions to other 
Counties for the tryals of those Criminals. 

Resolved, that as the rioters had the Insolence to Come in 
Hundreds to the City of Perth Amboy, the Capital of the 
Eastern Division of New Jersey, tho no one person in that 
City is known or Supposed to be a Countenancer of them, 
and Traiterously and Riotously broke open His Majesty's 
prison there, no Court Can reasonably expect to be safe in the 
Tryal f any of those Criminals in other Counties, without a 
Sufficient fforce to Guard them, against the Multitudes that 
the Traitors & Rioters Can bring to Insult the Courts of 
Justice, & rescue the Prisoners out of their Custody. 

Resolved, that it is the incumbent Duty of the Legislature 
to Interpose at this time, without further delay, to give 
strength to the Government, by Supplying them with such 
Sums of Money for raising & Maintaining so many Troops, 
as may be thought necessary on this Occasion, to protect the 
Officers of the Government, in the Execution of the Laws, 
& for defraying the Extraordinary Charge of bringing those 
Criminals to, & trying them in other Counties. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 51 

To which resolutions this House unanimously agreed. 

This House then Proceeded to the ffurther Consideration 
of the said Message, Address, & State of the Province, in 
relation to the Traitors, & Rioters, whereon, as the Assembly 
have referred this House to the said Address, we think it 
proper to remark Concerning these matters; that we have 
now Considered the many strong & pressing recommendations 
of Governor Morris, President Hamilton, & His Excellency 
the present Governor, to the Assembly, to strengthen the 
hands of the Government, so as to enable the Officers thereof 
to put the Laws in Execution, appearing by the Minutes of 
Assembly of September 28, 1745; October 18, 1745 March 
4, 1745 June 28, 1746, October 10, 1746; May 6, 1747; 
August 20, 1747 November 18, 1747, and december 3, 1748 ; 
And to the first of those recommendations, the Assembly, by 
their Minute of October 3, 1745; answered; that as far as 
they knew, the Laws then in fforce were Sufficient for the 
punishment of those that are Guilty of the breach of them, 
<fe when any Diffiency in the Laws was pointed out to them, 
for bringing to Condign Punishment any of the Offenders 
mentioned, it should always have its due weight with that 
House. We shall pass over the other Answers of the 
Assembly, to the other recommendations, for Brevity, & only 
Observe, that on the recommendations of August, & novem- 
ber 1747, Committees of the Council & Assembly, on the 
15 th of Jan y 1747, declared themselves unanimously of Opin- 
ion, that it would be necessary that the Legislature should 
Interpose, to restore the Peace of the Province, & give fforce 
to the Laws of the Country, which they declared had been 
most notoriously Violated ; for which purpose they were of 
Opinion, that Effectual Measures should be taken by the 
Legislature to strengthen the hands of His Majesty's Govern- 
ment, so as to enable them to Carry the Laws into Execution, 
that His Majesty's Subjects might again enjoy the benefit, & 
protection of them ; & that a proper Act or Acts should be 
prepared and passed for Preventing the like intestate [intestine] 



52 NEW JEESEY COLONIAL DOCUMENTS. [174& 

troubles for the time to Come ; And the Committees further 
agreed, that the Gentlemen of the House of Assembly should 
propose it to their House, to prepare & bring in a bill or 
bills for those purposes : Which Joint, & unanimous Opinion 
of the said Committees, was reported, & agreed to by both 
Houses, as by their Minutes of January 19 th 1747 appears. 

That a Committee of the House of Assembly, on the 23 rd1 
of January 1747, amongst other things, reported & declared 
it as their Opinion that Provision should be from time to 
time made, as Occasion might require, for defraying the 
necessary Expenses that might arise by the Legal Calling the 
Forces of this Colony together, for the repelling and Sup- 
pressing Invasions Insurrections, & Rebellions or upon any 
necessary Occasion whatsoever : Which report was agreed to, 
as by the Minute of the Assembly of that day appears. 

And we may observe, that by an Act of the whole Legis- 
lature, Passed that Session, it's declared, that within three 
years then last past, many & great Riots and Disorders have 
been Committed within this Colony, by multitudes of people, 
on pretence that they laboured under Grievances, & that the 
several branches of the Legislature then Met and Assembled 
together, heartily disposed to Enquire into the said Griev- 
ances & Oppressions, & to give relief therein as far as in 
them lay, upon mature deliberation did not find but that the 
matters Complained of were remediable in His Majesty's 
Courts of Justice of Law & Equity, which were Open to 
all ; and to which the Complainers might have had recourse,. 
And by the same Act was declared the said agreement of the 
Council & Assembly, that Effectual Measures should be 
taken to strengthen the hands of His Majesty's Government, 
so as to Enable them to Carry the Laws of the land into 
Execution, that His Majesty's Subjects might again enjoy the 
benefit & protection of them, as by that Act amongst other 
things appears. 

And we do Further Observe that on the 17 th day of Feb- 
ruary 1747 His Excellency the Governor, Passed His 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 53 

Majesty's most Gracious Pardoa, Entituled, An Act to Par- 
don the Persons Guilty of the Insurrections, Riots, & dis- 
orders raised & Committed in this Province, which was 
thankfully Accepted by both Houses of the Council and 
Assembly : By which all those Criminals were pardoned, 
upon Condition, that those who had been Indicted, recorded, 
& Prosecuted, should within six months take the Oaths to 
the Government Prescribed by the Laws of this Province, 
& give their own Single Bonds severally in the sum of One 
hundred pounds, to keep the Peace for three years, restore 
the Possession they had Forcibly taken, & pay the Fees of 
their prosecutions ; and as to such as stood Indicted, or might 
be Indicted of High Treason, a stay of Prosecution was 
Granted, until His Majesty's pleasure should be known, upon 
their Complying with the Terms before. 

We must Observe, that by the Depositions & other Evi- 
dences that have been before this House, & were sent to the 
House of Assembly before the said Address, no more than 
twenty three Persons, of the many hundreds that stood in 
need of the said Pardon, had Accepted of the benefit thereof ; 
& that no more than nine of the said twenty three appeared 
to have Complied with all the Terms thereof: By those 
evidences it appears, that the rioters, during the said six 
months, and since, Continued by Force of Arms to plunder 
particular mens Estates as before, and were Assiduous during 
that time, & since, to gain People over to their Combinations, 
& to Levy monies : That by those evidences the plunder 
they have made of Particular Mens Estates is of very great 
Value ; & ffrom those evidences, & other good Informations, 
we have reason to believe, of far more value, than would 
have been sufficient to have raised one thousand regular 
Forces, & maintained them for a year; whereas half that 
number for six months is now more than Sufficient to give 
the Laws their full Force ; and the fourth Part of that would 
have been sufficient a year ago, & the tenth Part of it suffi- 
cient three years ago : no one of the many Possessions which 



54 NEW JERSEY COLONIAL DOCUMENTS. [1748 

the rioters have fforcibly taken and detained, appears to have 
been restored. 

By these Evidences appears some, of the many Artifices 
they use to bring & keep people into their Combinations, 
such as the threats of pulling down their Houses if they enter 
not with them, & the fears of Death if they desert, & by 
Cajolling others with the merit of defending their Country 
by joining with them. 

By these Evidences, & the evidences that were before this 
House and the Assembly at last Sessions, it appears, there 
have been above twenty riots, Traiterous & unlawful Assem- 
blies, within three years last past ; and yet the weakness of 
the Government has been, & is such, as not to be able to hold 
any one of those Criminals in Goal any longer than those 
Combined with them think proper : The Chief Ringleader 
Amos Roberts, while this Assembly is sitting at only twenty 
Miles distance from this place, being Committed on process 
of Treason in the Morning of the twenty-eighth of Novem- 
ber last, at Sunset of the same day the Goal was broke open, 
& He rescued : By these Evidences it appears, that the very 
next day, he rid openly at Noonday, w th several of his Accom- 
plices from Newark, to the Widow Hamptons at Raway, 
within nine miles of this place where the Legislature is sit- 
ting, & there met with several others of the Rioters, & 
Traitors, who Came upon a prior appointment from the dif- 
ferent parts of this province, & that their business was the 
entring into new Combinations for their Mutual defences, 
and raising Money, Dividing into Wards, & appointing Offi- 
cers for those purposes : By these Evidences, it appears, that 
they have Captains over the Particular Rioters in Particular 
Places of this Province, & that the said Amos Roberts is the 
Chief of all. 

It was well known to the House of Assembly, from the 
depositions and Papers laid before them at the last Sessions, 
that many hundreds were Concerned in the Treasons & Riots 
Committed in this province ; <fc by the Papers which were 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 55 

before them at the times of making their said Address, it 
Plainly appears, that only twenty three, of those many hun- 
dreds, had taken the benefit of the Lenity of the Govern- 
ment, which leaves us at a loss what to think of that Expres- 
sion in their Address, " that some of them had Slighted the 
Lenity of the Government," thereby insinuating, that only a 
few Continue in their Wonted Obstinacy in Opposing the 
Laws; when the Contrary appears by the said evidences be- 
fore them, & was & is notoriously known throughout this 
Province. 

We are equally at a loss, to know what they mean, when 
they say, "it's with the greatest Concern, that they think 
what may be the Consequences of this Audacious Madness," 
when the Consequences are so Obvious to every man, & when 
they have been so often laid before them, as by the nine 
several recommendations to them of that matter, hereinbefore 
pointed out, appears. 

It's with the Greatest Grief & Concern, that we Observe, 
that the House of Assembly have by their said Address, now 
Come to doubt, whether the present Laws be not of them- 
selves sufficient, & that after their so strong resolutions & 
Declarations, of last Sessions, hereinbefore mentioned, & no 
one thing to this Day done to Strengthen the hands of the 
Government, Pursuant Pursuant to these resolutions & decla- 
rations, nor one Peny of Money put into the Treasury for 
that purpose : We are Grieved to say, what's so Obvious to 
every one, as they Can scarcely Avoid seeing it, by Compar- 
ing this Doubt of the Assembly with their Answer of 
October 3, 1745, to the first recommendation of this Matter 
to them; that after three Years recommendations of this 
matter, many promises, resolutions, & declarations, by Votes 
& by Acts, to put an end to those disturbances, the Assembly 
have got just to where they were at the beginning in October 
3, 1740, Viz* to Doubt whether the Laws alone without 
their Aid be not sufficient 

We shall be as far as the Assembly from forbidding the 



56 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Courts of Justice and the Officers thereof from Issuing the 
Due Process of Law against every Offender, it's their Duty 
to do it, & neither of the Houses have any right whatsoever 
to forbid them ; but Yet it seems Obvious to us, that every 
Execution of Process, without Strengthening the hands of 
the Government, so as to Protect the Goals, & every rescue 
from thence ; brings His Majesty's name, authority, & Laws 
more & more into Contempt, & increases the Number & Guilt 
of the Delinquents; & what the Consequences of that will 
be, are Obvious : The only good end that we know of that 
it Can serve is, to shew that the Officers of the Government 
have done their Duty, & that the not bringing those Criminals 
to Justice is not their Faults. 

The Law to Enable the Legislature to Settle the Quota's 
of each County, might have been had last session at Burling- 
ton, and may still this Session be had ; for no difference on 
that head was or is between the two Houses, but upon one of 
His Majesty's Royal Instructions to His Excellency to this 
purpose viz* that he shall not give His Assent to any Act 
which lays any Tax upon unprofitable Lands. The Quota 
Bill, as sent up to this House, did, in the Opinion thereof, 
break in upon that Instruction (tho' both Houses were pre- 
viously furnished by His Excellency with a Copy of it,) the 
words in the bill as it Came up, were nearly these, all profit- 
able Tracts of Land held by Patent Deed or Survey whereon 
any improvement is made, were to be Taxed. This House 
Conceived those words gave room to break in upon the said 
Instruction, by giving too great a Lattitude to the Assessors ; 
for there are few tracts, but what Contain some unprofitable 
Lands, &, if any, it was Contrary to that Instruction to Tax 
them : The Bill was sent down to the Assembly amended so 
as they Conceived would be agreeable to the said Instruction : 
The House of Assembly rejected the Amendment, & this 
House sent the frill back to them with an Adherence to the 
Amendment, & it lies at the door of the Assembly to demand 
a Couferrence on that head ; and we declare it as our Opinion, 



1748] JOURNAL OP THE PROVINCIAL COUNCIL. 57 

'that the Bill ought to be as yet passed this session, with or 
without a Conferrence, upon the Assembly's agreeing in any 
manner to make it Conformable to the said Instruction; for 
in this time of danger, & when Supplying the Treasury is so 
necessary, we think, in any thing that may tend to that end, 
that Ceremonies are not to be insisted on, We Declare our 
selves also ready to agree to Shorter times for having the 
Quota's returned than in that Bill are mentioned, seeing that 
bill, were it passed, Cannot enable the Legislature by any 
other Act, to bring any money into the Treasury in less than 
a year to Come, & no money is now in the Treasury, either 
for the Usual Charges of Government, or for the extra- 
ordinary necessity's thereof at this time, when it's so much 
wanted. 

"We Cannot but Observe, that there's an Absolute necessity 
at this time, of Supplying the Treasury for the above extra- 
ordinary Charges of Government at any possible rate ; & we 
make no Doubt, that there are many ways of doing it forth- 
with, without the aid of that Bill ; such as a short act im- 
powering the Treasurers to borrow Money at Lawful Interest 
on their Notes, & upon that Act ; and we doubt not, but that 
any sum needful Could in a Few weeks by that means be 
raised. 

We have some reason to Guess at the Sentiments of the 
Assembly on both the Subject matters Proposed to them by 
this House, which they say, in their Message before us, they 
'had signified in their Address to His Excellency ; but as that 
was to His Excellency & not to this House, it is not peremp- 
tory, whether the Assembly will or will not Conferr with 
this House on the Subject Matters Proposed, this House Con- 
ceives itself Entituled to, & therefore insist on a Categorical 
Answer from the Assembly on these Points. 

Upon the whole, this House is Clearly of Opinion that it 
is the indispensible Duty of Both Houses at this time, hear- 
tily to join with His Excellency in the most Effectual Means, 
to put a stop to these growing Evils, that so evidently tend 



58 NEW JERSEY COLONIAL DOCUMENTS. [1748 

to the utter Subversion of our happy Constitution, & the 
throwing off the dependance of this Colony on the Crown of 
Great Britain ; & that, should the Present Session rise, with- 
out Effecting a purpose so absolutely necessary, it will Evi- 
dently be attended with such Consequences as may render 
the thing Impracticable by this Legislature for the future. 

Which Answer to the Message of the Assembly was 
unanimously agreed to by this House. 

& Ordered, a fair Copy of the same td be made. 

Ordered, that M r Kemble do Acquaint the House of 
Assembly with the above Answer to their Message, & deliver 
to that House a fair Copy thereof. 

The House Continued till 



Tuesday 13 th Dec' 1748. 
The House met Present 

M r Alexander M r Johnston 
M r Morris 

M r Antill M r Kemble 

M r Hude M r Leonard 

M r Kemble reported that he had Obeyed the Order of 
Yesterday. 

M r Johnston reported that he had Obeyed the two Orders 
of the 9 th Instant 

A Message from the House of Assembly 

Dec' 13 th 1748. 

Ordered, that M r Crane, & M r Hopkins, acquaint the 
Council that this House desire an Answer to the Message 
with respect to the bills sent from this House, which yet 
remain under the Councils Consideration 

THO" BARTOW Clk 

A Message from the House of Assembly by M' Crane & 
M r Hopkins, 



1748] JOUKNAL OF THE PROVINCIAL COUNCIL. 59' 

Dec 1 13 th 1748, 

Ordered, that M r Crane, & M r Hopkins do wait on the 
Council with the Bill for the better Enabling of Creditors to 
recover their Just Debts from persons who Abscond them- 
selves as now Engrossed with the Councils Amendm^ in its 
place & Acquaint them that this House has passed the same. 

THO BAKTOW Clk 

The reEngross'd Bill Entituled, An Act for the better 
Enabling of Creditors to recover their just Debts from per- 
sons who abscond themselves, being Examined ; 

Ordered, that the Speaker do sign the same. 

The Bill Entituled, An Act for the more easy & Speedy 
Tryal of the Persons who have been Guilty of the late Trea- 
sons & Riots & of Counterfeiting the Bills of Credit, & the 
Coins passing Current within this Province was read a second 
time & Committed to the Gen 1 of the Council or any three 
of them 

The Bill Entituled, An Act for the Attainder & Convic- 
tion of Amos Roberts, Simon Wyckoff, & others therein 
named &c was read a second time, & Committed as afores d 

The Question was put, whether the bill Entituled, An Act 
to Erect & Establish Courts in the several Counties of this 
Colony for the Tryal of small Causes should be recommitted ? 

It passed in the Affirmative. 

M r Leonard from the Committee to whom the Bill Enti- 
tuled an Act to Erect & Establish Courts, in the several 
Counties of this Colony for the Tryal of small Causes was 
recommitted, reported the same with several Amendm ts which 
he read in their places & delivered the same in at the Table. 

Which Amendments being twice read were agreed to by 
this House, & Ordered to be Engrossed 

The House Continued till 



60 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Wednesday 14 th Dec 1 1748. 
The House met Present 1 

The Bill Entituled, an Act to Erect & Establish Courts in 
the Several Counties, for the Tryal of small Causes, with the 
Engrossed Amendments being read the third time. 

Resolved, that the same as amended do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Leonard do Carry the said Bill with the 
Amendments to the House of Assembly for their Concur- 
rence to said Amendments 

M r Leonard reported that he had Obeyed the above Order 

Thursday December 15 th 1748. 
The House met Present 

Ja* Alexander And w Johnston 

Ed : Antill Peter Kemble 

Jas. Hude Thomas Leonard 

M r Johnston Acquainted the House that M r Low, & M r 
Brick, from the House of Assembly had delivered to him a 
Bill, Entituled, An Act to Erect & Establish Courts in the 
several Counties of this Colony for the Tryal of small Causes, 
& Also an Order to the said two Members to bring the s d 
Bill to this House, which Bill & Message he had rec d from 
them this House not Sitting at the time, & he delivered the 
same in at the Table, which message is as follows ; 

Dec r 15 th 1748 

Ordered that M r Low, & M r Brick, wait on the Council, 
with the Bill to Erect, & Establish Courts in the several 
Counties of this Colony for the Tryal of small Causes, & 
Acquaint them that the same is re Engrossed in such parts 

1 Through some inadvertency the names of the members present are not given. 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 61 

where their Amendments were made, with the Amendm* in 
their Places, & that this House has passed the same as now 

Engrossed. 

THO B BARTOW Clk 

The above Bill being Compared 
Ordered, that the Speaker do sign the same 
A Message from the House of Assembly, by M r Fisher, & 
M r Hancock. 

Dec* 15 th 

Ordered, that M r Fisher, & M r Hancock, wait on the 
Council, & Acquaint them that the House not having reed 
any answer, with respect to the Bill for the Support of the 
Government which Yet remains under the Councils Consid- 
eration, desire to be informed what they have done therein 
seeing this House sit at a great Expense to the Publick, & 
have now nothing Else before them 

THO" BARTOW Clk 

C. C: Dec' 15 th 1748. 

In answer to the Message of the House of Assembly of 
this day, wherein they say, they have now nothing else before 
them, but the Bill therein mentioned. 

Ordered, that M r Morris do Acquaint the House of Assem- 
bly, that this House do say, that there has been laid before 
them the Affidavits, & Evidences, that shew a Traiterous 
Conspiracy within this Province, against His Majesty's 
Crown & Dignity ; That they have proofs before them that 
numbers of men who stand Indicted, & Accused of High 
Treason, in Levying war against our Sovereign Lord the 
King, do now at this time, go Publickly about the Province, 
in open Contempt of the Royal Authority, Exciting Hi& 
Majesty's Subjects to Rebellion, & Treason. 

That there has been laid before them, proofs, that all the 
many Endeavours of the Governm* to put an End to the 
Traiterous Practices, of these Bold, & daring people, have 
proved ineffectual 



62 NEW JERSEY COLONIAL DOCUMENTS. [1748 

And they have now before them two Several Messages 
from this House demanding a Conference with them upon 
these Important Subjects, that they have also a Message of 
this House before them, demanding a Conferrence on the 
Subject Matter of the Counterfeiters, & Coiners within this 
Province ; to neither of which has this House rec d any Posi- 
tive Answer. 

If these things are nothing in the eyes of the Assembly 
we are sorry for it, but we declare, that we think them of 
such Importance to the peace & Safety of the Province, & to 
our just Dependances on the Crown of Britain, that we Can- 
not Consistent, with the Oaths we have taken to bear Faith, 
& true Allegiance to His Majesty King George the second, 
& Him to defend to the utmost of our power, against all 
Traiterous Conspiracies & Attempts whatsoever which shall 
be made against His person Crown or dignity, & to do our 
utmost Endeavours to Disclose & make known to His 
Majesty, all Treasons & Traiterous Conspiracies which we 
know to be against him. We say, we Cannot Consistent 
with our said Oaths, our duty to His Majesty, & trust 
reposed in us, pass these matters over in Silence ; or suffer 
our selves to be diverted from doing everything in our Power 
without delay, for putting an end to these unhappy disturb- 
ances, & Villainies: And this House do therefore again 
Insist on Categorical Answers to the said Messages of this 
House, on the Subject matters aforesaid. 

M r Morris reported that he had Obeyed the above Orde r 

Ordered, that M r Morris, & M r Antill be a Committee to 
Inspect the Journals of the House of Assembly, & report to 
this House what they have done in relation to the Traitors, 
Kioters & Money Makers recommended to both Houses by 
His Excellency, as also what they have done upon the message 
of this House demanding Conference upon these Matters. 
The House Continued till 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 



63 



Friday Dec* 16 th 1748. 
The House met Present 



M r Alexander 
M r Morris 
M r Antill 
M r Hude 



M r Johnston 

M r Kemble 
M r Leonard 



M r Chief Justice, & M p Antill, to whom it was referred to 
Inspect the Journals of the House of Assembly ; reported 
that they had Inspected those Journals, & found therein two 
Entries of which they procured Attested Copies under the 
hand of the Clerk of the Assembly, which they laid before 
this House, & they are in the words Following : 

Wednesday Dec* 7 th 1748. 

A Motion was then made & the Question put whether the 
House think it Necessary at this time to make a Law for the 
more Effectual bringing to Justice the Rioters, & Disturbers 
of the Publick peace of the Province? & it Passed in the 
Negative. 

Nays Yeas 

M r Dan 1 Smith M r Stelle 
M r Wright M' Kearney 

M r Lawrence M r Hopkins M r Demarest 

M r Crane M r Hancock 



Nays 
M r Heard 
M r Eatton 



M r Low 

M r Vanmiddleswart 
M r Vanbuskirk 
M r R. Smith 



M r Brick 
M r Learning 
M r Emlay 



The Nays do Nevertheless think the Laws now in being 
ought to be put in Execution against the said Rioters, & 
when their defect shall appear to this House that such other, 
as may be thought necessary be then provided 

A true Copy 

THO' BARTOW Clk 



64 NEW JERSEY COLONIAL DOCUMENTS. [1748^ 

Thursday Dec 1 15 th 1748 

The Councils Message of Tuesday last by M r Kemble was- 
read a second time, & the House having Considered the same 
Came to the following resolutions 

Resolved, that the said Message Contains Divers Insinua- 
tions, grounded in Suggestions only, reflecting injuriously, on 
the Sentiments & proceedings of this House 

Resolved, that the Councils Assuming a power therein of 
directing the Methods of raising of money in this Colony, is 
a Manifest Infringement, on the rights and Priviledges of 
this House 

Resolved, that this House have a right to enjoy their own 
Sentiments, in all matters, & things that shall Come before 
them without being Accountable to or Censured by the Coun- 
cil for the same. 

Resolved, that to sit here after the Session is near rising to 
maintain a Controversy with the Council would be very 
Expensive to the Colony, & that therefore this House will 
not at this time give any other Answ r to the s d Message 
A true Copy 

THO' BARTOW Clk of the Assembly 

A message from the House of Assembly by M r Vanmid- 
dleswart & M r Learning 

Dec r 15 th 1748 

Ordered, that M r Vanmiddleswart, & M r Learning do wait 
on the Council, & Acquaint them that the House have read 
& Considered their Message of this afternoon by M r Morris, 
& in Answ r thereto, do send them a Copy of the resolutions, 
which this House had Come into this morning before the 
Message sent the Council mentioned in theirs, & that this 
House look upon themselves as Loyal Subjects to King 
George the Second, as any of the Council ; notwithstanding 
their Sentiments remain the same as they were when they 
Came to those resolutions, and that the Council need expect 
no other Answer at this time from this House 

THOMAS BARTOW Clk 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 65 

The resolves mentioned in the above Message are the same 
reported by M r Morris & M r Antill. 

This House having Considered the Message from the House 
of Assembly, by M p Vanmiddleswart, and M r Learning of 
the 15 th Instant, as also the resolves of that house, of the 15 th 
day of this Inst. & their Vote of the 7 th day of this Inst and 
their last Address to His Excellency the Governor are Clearly 
& Unanimously of Opinion that they Amount to An Abso- 
lute refusal to do anything at this time, against the Traitors, 
Rioters & Money Makers, & to a refusal to Conferr with 
this House upon those Subjects 

Whereupon this House Came to the following Unaminous 
Resolutions 

Resolved, that the refusal of the House of Assembly of 
the Conferrences requested on the Subject Matter of the 
Traitors, Rioters, Coiners, & Counterfeiters, is a Breach of 
that Harmony which ought always to subsist between the 
branches of the Legislature 

Resolved, that it is the Opinion of this House, that the 
House of Assembly, in refusing to do any thing at this time, 
to strengthen the Hands of His Majesty's Governm* to put 
the Laws in Execution, is a neglect of that duty which they 
owe to our Sovereign Lord the King, manifestly tending to 
encourage the Traitors & Rioters, within this Province, to 
go on in their Treasonable designs, against His Majesty's 
Government 

Resolved, that the not putting a stop to these Publick 
Disorders at this time, is leaving His Majesty's Authority & 
Government, Expos'd to the Slights, & Contempts of a set of 
Traitors, & Rioters, & the lives & properties of the people of 
this Province, a Prey to an Insolent, & Rebellious Mobb. 

Resolved, that it is the indispensible Duty of the Members 
of His Majesty's Council, agreeable to the trust reposed in 
them, to lay a true state of the Unhappy, & Deplorable 
Condition of this Province, before His Majesty, & His 
Ministers, that he may take such Measures, for restoring, & 

5 



66 NEW JERSEY COLONIAL DOCUMENTS. [1748 

supporting His Authority, & Government, for protecting His 
Faithful Subjects & for securing the dependance of this His 
Province, on the Crown of Britain, as He in His great 
Wisdom, & Justice shall think Fit 

This House having Ordered M r Chief Justice Morris, M r 
Kemble, & M r Leonard, to wait on His Excellency, to 
Acquaint Him with the Intentions of this House, about 
representing the Slate of this Province, to His Majesty, & 
Ministers ; & to know if His Excellency would be pleased to 
join with the Council in those representations ; 

The s d Gentlemen, reported that they had waited on His 
Excell cy accordingly, & informed Him of the Intentions of 
the Council ; & He was pleased to say that he should very 
readily join in a representation with the Council in anything 
Reasonable, after He had perused the papers. 

M r Hude from the Committee to whom the bill Entitled, 
an Act for the support of the Governm* of His Majesty's 
Colony of New Jersey, reported the same without amendment. 

Ordered, that the s d Bill be read a third time ; which being 
done the Question was put, whether the said Bill do pass or 
not? 

It was Carried in the Affirmative 

Resolved, that the s d Bill do pass : 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Hude, do acquaint the House of Assem- 
bly, that the said Bill passed the House this day ; 

M r Hude reported, that he had obeyed the above Order. 

M r Johnston having Acquainted this House that he had had 
some Conversation with His Excellency as to the time of the 
Councellors meeting at Burlington to join with Him in repre- 
sentations to His Majesty & Ministers ; His Exc 7 was then 
pleas'd to say, that the Council had had the Consideration of 
the proofs of these matters long before them ; that He should 
want longer time to Consider them, than what the House 
proposed ; that he thought it for His Majesty's Service, & the 
good of this Province, Once more to try another Sessions of 



1748] JOURNAL OF THE PROVINCIAL COUNCIL. 67 

Assembly, before he joined in any representations ; & that 
He might let this House know so : 

Ordered that M r Hude, do Acquaint the House of Assem- 
bly, that this House having particularly Considered the 
Resolves of the House of Assembly of the 15 th Ins* in 
Answer thereto this House Unanimously Came to the follow- 
ing Resolutions 

Resolved, that this House is of Opinion that the Message 
in the b d Resolves mentioned, Contains no Insinuations on 
Suggestions only, & that Clear proofs have appeared before 
that & this House, of all the matters therein Suggested ; but 
yet if the House of Assembly will point out any thing therein, 
that we Cannot support with those Proofs we shall be ready 
thereon to make all the satisfaction to that House which the 
nature of the thing requires. 

Resolved, that this House have not in their said Message, 
assumed the power of directing the Methods of raising money 
nor Infringed on any rights or priviledges of the House of 
Assembly. 

Resolved, that its the right of this House to Advise, & 
Propose as to the methods of raising & disposing of Money, 
& to agree or disagree to any Methods that the House of 
Assembly shall Resolve on for that purpose. 

Resolved, that this House no ways Called in Question the 
right of the House of Assembly to enjoy their own Senti- 
ments nor have this House Claimed a right to call them to 
an Ace* for the same. 

Resolved, that this House have a right to Declare their 
Sentiments when they Conceive it proper & necessary upon 
any Proceedings of the House of Assembly, & more Es- 
pecially when we Conceive the Constitution & dependance of 
this province on the Crown of Britain are in danger. 

M r Hude reported, that he had Obeyed the above Order. 
His Excellency came into Council, & gave his Assent to 
the following Acts : Viz* 

1. An Act for the Support of the Government of His 



68 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

Majesty's Colony of New Jersey for one year, to Commence 
the tenth day of August, One thousand Seven hundred & 
Forty eight ; and to end the tenth day of August One thou- 
sand Seven hundred and forty nine, & to discharge the Pub- 
lic Debts & the Arrearages & Contingent Charges thereof. 

2. An Act to Erect & Establish Courts in the Several 
Counties of this Colony for the Tryal of Small Causes. 

3. An Act for the better enabling of Creditors to recover 
their Just Debts from Persons, who Abscond themselves 

4. An Act to Enable the Inhabitants of the County of 
Middlesex to build a Work House & House of Correction 
within the said County, & to make rules & Orders for the 
Government of the same. 

5. An Act for the more effectual Preventing of Lotteries, 
Playing of Cards and Dice, & other Gaming for Lucre of 
Gain ; & to restrain the abuses of Horse racing within this 
Colony for the future. 

6. An Act for naturalizing Hendrick Goeglets 

Then His Excellency Prorogued the Council to the Six- 
teenth day of February next ; then to meet at Burlington. 



Minutes of Privy Council of the Province of New Jersey 

At a Council held at Burlington of friday the 12 th day of 
February 1747 

Present 
His Excellency the Governour 



John Reading James Hude 

James Alexander John Coxe 

John Rodman Andrew Johnston 
Richard Smith 

Rob* Hunter Morris Thomas Leonard 



> Esq rs 



His Excellency laid before the board a Bill Entituled An 
Act to Pardon the persons Guilty of the Insurrections Riotts 
and disorders raised and Committed in this province. 



1747-8] JOURNAL OF GOVERNOR AND COUNCIL. 69 

Also one of his Majesty's Royal Instructions 1 and desired 
the opinion of the board whether he was by the said Instruc- 
tion warranted to Pass the said Bill into an Act. 

This Board having Considered the said Bill Entituled, An 
Act to pardon <fe c and the question thereupon put by his Ex- 
cellency to this board they are humbly of opinion 

That when his Excellency is sufficiently satisfied that the 
house of Assembly have done or will do what's necessary to 
prevent the like Disturbances for the future, and to strengthen 
the hands of the Government so as they be Enabled to put 
the Laws in Execution (Assuring his Excellency that nothing 
on the part of the Council will be wanting for that purpose) 
that then the Council are of opinion that His Excellency is 
authorized and warranted by His Majesty's Commission and 
Instructions under the Present Circumstances of the Province 
to pass the said Act, and that it would be prudent and advis- 
able so to do. 

M r Morris differing in opinion from the rest of the Board 
delivered his Sentiments in writing which he read in his place 
and then Delivered in, and desired it might be entered in the 
Minutes, and is in the following words, viz* 

The Act of General Pardon now under our Consideration, I 
think consists of two parts, the one is to pardon all those 
persons that have been concerned in, or Guilty of any of the 
late Riotts or Insurrections in this Province. The other is 
to stop and Suspend all Process and proceedings against those 
persons, that are already, Indicted for high Treason, or such 
as may hereafter be accused of that Crime, until and to the 
Intent his Majesty's Pleasure may be known. 

I look upon this to be a Matter of very great importance, 
Perhaps the greatest that ever yet was under the Consider- 
ation of the Council of New Jersey, and therefore wish that 
things had been so managed as to have brought this Affair 
before us earlier in the Session, that we might have had the 
greater time to weigh and Consider what was proper to be 

1 Quoted hereafter, on page 71. 



70 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

done However, I shall deliver my opinion and advice upon 
the matter, in as Clear a manner as the Shortness of the time 
and my ability will permit. 

I am clearly of opinion that by his Majesty's Commission 1 
to his Excellency under the Great Seal of Great Britain, his 
Excellency has full power and authority to Extend his 
Majesty's Mercy, by a General pardon to all those that have 
been concerned in the late Riots and Insurrections within 
this Colony, provided the Crimes of which they stand 
Accused do not amount to high Treason or Murder, these 
being the only Crimes excepted in that Clause of the Royal 
Commission which gives power to Extend His Majesty's 
mercy. 

But I do not think it by any means prudent or advisable 
in his Excellency to use the power so given in the manner 
proposed by the General Pardon before us, till the Legisla- 
ture now Sitting have made provision effectually to Strengthen 
the hands of His Majesty's Government, so as to Enable them 
to protect the Persons and estates of the People of this 
Province and to carry into Execution the Laws of the 
Land when that is done in a manner Satisfactory to the 
Government, then, and not before, I humbly conceive it will 
be prudent and advisable in his Excellency to Grant and 
Extend his Majesty's Gracious mercy to the persons Con- 
cerned in the said late Riotts, which will then, in my opinion 
tend very much to restoring the Peace of the Province, as 
most of the Persons Concerned are an ignorant People en- 
couraged and set on by some artful and designing Men. 

As to the second Part of the Act of General Pardon, I 
must Declare it as my judgment and"opinion, that neither by 
his Majesty's Commission, nor by the Article of the Royal 
Instructions now communicated has his Excellency any power 
or authority to Suspend the Process or Stop the proceedings 
in Cases of high Treason The Powers of Pardoning given 
by the Commission are full as to all Crimes but Treason and 
Murder, which being Expressly reserved and excepted, no 

1 Essentially the same as that issued to GOT. Morris. For pardoning powers therein 
given, see N. J. Archives, VI., p. 8. 



1747-8] JOURNAL OF GOVERNOR AND COUNCIL. 71 

Construction in my opinion can possibly extend the words, so 
as to give Power to Suspend or stop the Proceedings in those 
Cases, which will in Effect be pardoning, as the Parties are 
and 'tis intended shall remain at full liberty, and may remove 
themselves and their effects to another part of the World long 
before his Majesty's pleasure can be known ; as to the Instruc- 
tion now Communicated, it is certainly a very good one, and 
among many others, shews his Majesty's great Care and 
paternal affection for these his remote Dominions, but I think 
there is nothing contained in it that Can be Construed to give 
a power to do what is now proposed. 

The material words are, 

"And if anything shall happen that may be of advantage 
" and Security to our said Province, which is not herein or by 
" our Commission to you Provided for we do hereby allow 
" unto you with the advice and Consent of our Council to 
"take order for the present therein & " 1 

This Instruction seems to me justly Calculated to impower 
The Governor to Act for the Advantage and security of the 
Province in Extraordinary Cases, wherein the Commission 
and Instructions are Silent, but in my humble opinion was 
never intended, nor can it be Construed to Extend to things 
expressly provided for by the Commission, which the power 
of pardoning and reprieving are so far as his Majesty intended 
they should be used, and as the power of Pardoning Treasons 
is there Expressly reserved and excepted, I cannot think the 
General words in the Instruction can be extended to give a 
power contradictory to the Commission, and I Conceive that 
as the Kings Instructions receive their greatest Force from 
the Commission under the Great Seal, so the Granting the 
Suspension proposed under the Powers given by that Instruc- 
tion, will be doing an Act by virtue of the Royal Commission, 
which that very Commission prohibits & excepts in Express 
words. 

Having declared my Sentiments that his Excellency has no 
power by his Commission or Instructions to Grant the Sus- 

. J. Archives, VI., 51. 



72 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

pension proposed it will be needless to enter far into the 
Consideration of the Legal lity of tying up the hands of the 
Courts of Law in such Cases, which seems to me to be 
Stopping the Ordinary Course of the Laws and Exercising 
little less than a Dispensing Power, not warranted by the 
Constitution. 

How far it will be prudent and advisable in His Excellency 
to Grant the Suspension proposed if he had power, is next to 
be considered and greatly depends upon the state and Circum- 
stances of the Province which is very well known to every 
one here present and therefore need not be mentioned, But 
certain it is that things would never have gone the length 
they have done if the Legislature had interposed when this 
rebellion was young and before it had come to this maturely, 
[maturity] nor need it now continue longer if they will Exert 
themselves in support of His Majesty's authority and the 
Laws of the Land. 

In my humble opinion the Province is not in such Cir- 
cumstances as to make it prudent or advisable in the Govern- 
ment to stretch their Power in favor of a few People, who 
have thrown off their allegience, their is power and Strength 
enough in the Province to put the Laws into Execution 
His Excellency with the Council and Assembly can if they 
will presently put a stop to these disorders, and were they 
once inclined, these daring people would presently sneak into 
their hiding places, and not venture to shew themselves in 
opposition to the Government; but while we want inclina- 
tions and while these People know that we do all the mild 
measures Proposed will be ineffectual, and will only tend to 
bring the Government into great Contempt. 

Had these daring disturbers not been countenanced by 
some Men of Note, had they not depended upon the support 
and protection of People much above themselves, they never 
would have ventured thus to have flown in the Face of his 
Majesty's Governments and to have thrown off their Alle- 
gience, Had they laboured under any Injustice or Oppression, 



1747-8] JOURNAL OF GOVERNOR AND COUNCIL. 73 

they have had full liberty and have laid their complaints 
before the Assembly, too many of whom want not inclina- 
tions in their favour and as they have been fully heard, and 
no one Instance of oppression or injustice made out even to 
the Satisfaction of the Assembly, it must be presumed their 
complaints are only Clamour and designed to draw in the 
weak and unwary People to join them in their unlawful 
practices. 

The above is my opinion and advice which is humbly Sub- 
mitted to his Excellency. 

ROB* H. MORRIS 



At a Council held at Burlington on Tuesday the 16 th day 
of February 1847/8 

Present 
His Excellency the Governour. 

John Reading John Coxe ^ 

James Alexander I rg 

Richard Smith Andrew Johnston j S( * 

James Hude Thomas Leonard J 

This Board having maturely Considered the said Bill, 
Entituled, An Act to pardon the Persons Guilty of the 
Insurrections Riotts, and disorders raised and Committed in 
this Province, and the Attorney Generals Endorsment thereon, 
and the present Circumstances of this Province ; do humbly 
and unanimously advise his Excellency, that they are of 
opinion, that by his Majesty's Commission and Instruction 
communicated to this board, he is authorized and warranted 
under the present Circumstances of this Province to Pass the 
same and that it would be prudent & advisable so to do. 
Whereupon his Excellency was pleased to pass the same. 1 
A Message from the house of Assembly, by M r Low and 
M r Hancock 

'See N. J. Archives, VII., 222. 



74 NEW JERSEY COLONIAL DOCUMENTS. [1747-& 

"February 16 th 1747, M r Speaker 1 having received a Mes- 
" sage from home, that his Son lay at the point of death. 

" Ordered, 

" That M r Low and M r Hancock do wait on his Excellency 
" and inform him thereof, and acquaint him that the house 
" desires he will be pleased to give them leave to choose a 
"New Speaker" 

"THO fl BABTOW Clk" 

M r Stelle and M r Learning waited on his Excellency to 
acquaint him that the house had Chose a New Speaker, and 
desired to know when he would be pleased to be attended, in 
Order that they might Present him. 

His Excellency directed the presentation to be immediately. 

The house of Assembly attended, and presented Samuel 
Nevill Esq r as their Speaker, and 

His Excellency was pleased to Approve their Choice. 



At a Council held at Burlington on Thursday February 
the 18 th 1747. 

Present 
His Excellency the Governor 

John Reading James Hude ^ 

James Alexander John Coxe 

John Rodman Andrew Johnston j 

Richard Smith Thomas Leonard J 

His Excellency Signed the following Warrants for Salaries 
and Services due to the several persons following to the 10 th 
Instant. 

N 1 To his Excellency for Salary to the 

10 th instant 500,, 0,, 

N 2 To ditto for services allowed 500,, 0,, 

1 Robert Lawrence. See Salter's History of Monmouth County, N. J., p. 93. 



1747-8] JOURNAL OF GOVERNOR AND COUNCIL. 75 

N 3 To Ditto for house rent to the 10 th 

Instant 30 

N 4 To the Executors of John Hamilton 
Esq r for his Administration while 
Commander in Chief of this Prov- 
ince 500,, 0,, 

N 5 To John Reading Esq r late Com- 
mander in Chief of this Province 
for his Administration 71,, 0,, 

N 6 To Richard Smith Jun r Esq r for Rich- 
ard Partridge Esq r in full for his 
Account to the 10 th July 1746 407,, 7,, 5 

N 7 To Richard Partridge Esq r or Order 

for Salary to the 10 th Instant 270,, 8,, 

N 8 To Robert Hunter Morris Esq r for his 
Salary as Chief Justice to the 10 th 
Instant 338,, 1,, 4 

N 9 To Joseph Bonnell Esq r Second Justice 
of the Supreme Court for his Salary 
to the 10 th Instant 84 10,, 2 

N 10 To John Allen Esq r third Justice of 

the Supreme Court for Ditto 84 10 2 

N 11 To Andrew Johnston Esq r Treasurer of 
the Eastern Division of this Pro- 
vince for Ditto 155,, 4,, 5 

N 12 To John Allen Esq r Treasurer of the 

Western Division for Ditto 135,, 4 5 

N 13 To Joseph Warrell Esq 1 Attorney Gen- 
eral for Ditto 135,, 4,, 5 

N 14 To Charles Read Esq r Clerk of the 
Circuits for his Salary from the 23 d 
7 br 1743 to the 10 th Instant 87 12 6 

N 15 To Thomas Bartow Clk of the As- 
sembly for 430 days Attendance at 
8 / : P r Day, and the sum of 50 for 
Services done and to be done by him, 172,, 



76 NEW JERSEY COLONIAL DOCUMENTS. [1747-8 

N 16 To the Executors of Lewis Morris Esq r 

for Cash paid James Home 4 17 

N 17 To John Reading Esq r for 24 days 
Attendance in Council at Sessions 
before the 23 d 7 br 1744 7,, 4,, 

N 18 To Ditto for 277 days attendance in 

Council since 7 br 1744 83,, 2,, 

N 19 To John Coxe Esq r for 107 days At- 
tendance in Council 32,, 2,, 

N 20 To John Rodman Esq r for 24 days at- 
tendance in Council before the 23 d 7 br 
1744 7,, 4,,- 

N 21 To Ditto for 376 days attendance since 
7 br 1744 to the 10 th day of this 
Instant 112 ,,16,, 

N 22 To Richard Smith Sen r Esq r for 24 
Days Attendance in Council before 
the 23 d 7 br 1744 7 4 

N 23 To Ditto for 388 Days attendance since 

23 d 7 br 1744 116,, 8,, 

N 24 To the Executors of his late Excellency 
Lewis Morris Esq r for house rent 
from the 23 d day of 7 br 1744, to the 
time of his Decease 100 

N 25 To Peter Kemble Esq r for 74 Days s. d. 
attendance in Council Since 23 d 7 br 
1744 22,, 4,,- 

N 26 To James Hude Esq r for 12 Days at- 
tendance in Council before the 23 d 
Day of 7 br 1744 3 12 

N 27 To Ditto for 210 Days attendance in 

Council since 1744 63,, 

N 28 To the Secretary for extraordinary 
Service to the 20 th of August 1747, 
as f Support Bill 35,, 0,, 

N 29 To Ditto his Account as f Support 

Bill 31,, 0,, 7 



1747-8] JOURNAL OF GOVERNOR AND COUNCIL. 77 

N 30 To Ditto his Salary as Clerk of the 
Council from 7 br 23 d 1744 to the 
10 th Instant 101,, 8 4 

N 31 To Andrew Johnston Esq r for his At- 
tendance in Council 84 days Since 
7 br 23 d 1744 25,, 4,, 

N 32 To Charles Read Esq r to Distribute 
among the Door Keepers of the 
Council for attendance since 7 br 23 d 
1744 to the 10 th Instant 33 ,,16,, 4 

N 33 To Thomas Leonard Esq r for his at- 
tendance in Council 109 days since 
the 23 d 7 br 1744 32,,14,, 

His Excellency also signed by advice of the 
Council the following Warrants by Certificate 
from the Speaker of Assembly. 

N 34 To William Norcross Door keeper 1 7 1 7 

N 35 To the Executors of Thomas Shreeve 

late Serf at Arms 25 10 

N 36 To Thomas Wetherill Jun r Serjeant at s d 
Arms 14,, 5,, 

N 37 To the Executors or Administrators of 

William Pettit late Door keeper 18 6 

N 38 To Thomas Williams late doer keeper 

at Amboy 8 14 

N 39 To John Tilus Door keeper at Amboy 18 6 

N 40 To Andrew Robinson Serjeant at Arms 

at Amboy , 19,, 6,, 

N 41 To Andrew Johnston Esq r Money Ad- 
vance for Subsistance of the Troops 
allowed in Support Bill 476,, 5,, 

N 42 To Colonel Peter Shuyler in full for 
his Account of provisions & 607 
17 4 also 16 4 to be by him 
remitted to Philip Schuyler 623 1 7 8 



78 NEW JERSEY COLONIAL DOCUMENTS. [1748 

N 43 To Andrew Johnston Esq r in full for his 
Ace* of Remitting the Agents Salary 
29 s 3 d and 15 to pay for 
rooms& c 044,, 0,, 3 

N 44 To John Allen Esq r for holding three 
Courts of Oyer and Terminer & c 
Viz* at Salem, Gloucester and Hun- 
terdon in the year 1 744 30 

N 45 To John Allen Esq r Treasurer of the 
Western Division for exchanging 
ragged and torn Bills of Creditt in 
the year 1744 52,, 5,, 



At a Council held at Burlington in the Province of New 
Jersey on Thursday May the 12 th Dom : 1748. 

Present 
His Excellency the Governor 

John Reading James Hude "1 
John Rodman John Coxe >Esq rs 
Richard Smith Tho 8 Leonard J 

His Excellency by Advice of Council Signed the following 
Warrants. 

N 46 To himself for a Quarters Salary from 
the tenth of February last to the 
tenth Instant 250,, 0,, 

N 47 To himself for house Rent from the 

10 th of Feby last to the 10 th Instant 15 - 

N 48 To Robert Hunter Morris Esq r for his 
Attendance in Council Three hun- 
dred and Sixty Six days which 
became Due the 18 th February last... 109 16 



1748] JOURNAL OP GOVERNOR AND COUNCIL. 79 

N 49 To Robert Hunter Morris Esq r for his 
Attendance Seven Courts of Oyer 
and Terminer and General Gaol 
Delivery in different Counties & c 70 

N 50 To Robert H. Morris Esq r for his Salary 
as Chief Justice of the Supreme 
Court due to him the 10 th of May 
1748 25,, ,,- 

;N 51 To John Allen Esq r for his Salary as 
third Justice of the Sup m Court due 
to him the 10 th May 1748 For one 
Quarters Salary 6,, 5,, 

N 52 To Joseph Warrell Esq r for his Salary 
as Attorney General of this province 
to the 10 th May 1748 10,, ,, 

N53 To Richard Smith Jun r Esq r for the 
use of Richard Partridge Esq r Agent 
at London for his Quarters Salary 
due to him the tenth May 1748 20 

N 54 To Charles Read Clerk of the Council 
for a Quarters Salary due to him the 
10 th May 1748 7 10 

N 55 To Charles Read Clerk of the Circuits 
for one Quarters Salary due him the 
10 th day of May 1748 5,, 

N 56 To John Allen Esq r Treasurer of the 
Western Division of this Colony for 
Exchanging Ragged and Torn bills 
of Creditt to the year 1744 12 5 

N 57 To William Robinson Serjeant at Arms 
for his attendance 252 days to the 
Council of this Province 37 16 

N 58 To John Allen Esq r third Justice of the 
Supreme Court for holding one Court 
of Oyer and Terminer & in Glou- 
cester in the year 1745 and Hunter- 
don in the years 174* and 1747 30 



80 NEW JERSEY COLONIAL DOCUMENTS. [1748 

At a Council held at Burlington on thursday the thirtieth 
Day of June Domino 1748. 

Present 
His Excellency the Governor 

Richard Smithy 
John Coxe VEsq" 
Tho 8 Leonard J 

His Excellency laid before this Board a Letter from hi& 
Grace the Duke of Bedford one of his Majesty's Principal 
Secretaries of State; Dated at Whitehall the 25 th day of 
February 1747/8 Inclosing his Majesty's Royal Proclama- 
tion, 1 Dated at St. James's, the 19 th Day of February 1747. 
And desired the Advice of this board, what Steps were 
necessary for him to take to Comply with the directions of 
the said Letter. 

The Board unanimously Advised his Excellency to Cause 
his Majesty's Royal Proclamation to be Inserted in the Penn- 
sylvania Weekly Advertiser, and to Issue a Proclamation to 
order a Strict obedience thereto to be observed by His 
Majesty's Subjects Inhabiting this Province. 

His Excellency also laid before this Board a Letter from 
Governor Shirley 2 Dated at Boston the 11 th of June 1748 
Enclosing several Votes and resolutions of the Council and 
Assembly of the Massachusetts Government, Dated the 8 th 
and tenth of June 1748 and Desired that this Board may 
advise him what Steps are necessary to pursue on the Subject 
Matter of this Letter. 

The board advise his Excellency to Call together the 
General Assembly of this Colony to Meet at Burlington on 
Wednesday the Sixth day of July next. 

1 Proclamation for enforcing the prohibition of commerce with the French. See 
N. J. Archives, VII., 134. 

2 About a proposed meeting at Albany, to confer with the Indians. Ibid., VII., 135. 



1748] JOURNAL OF GOVERNOR AND COUNCIL. 81 

At a Council held at Burlington on Saturday the 23 d Day 

of July 1748. 

Present 
His Excellency the Governor 

John Reading John Coxe *) 
John Rodman > Esq 

Richard Smith Thorn 3 Leonard J 

His Excellency laid before the board an Engrossed Charter 
of Incorporation for the College* in New Jersey, which being 
read, and the Attorney Generals Endowment 1 thereon, The 
board unanimously Consented to and approved of the same. 



At a Council held at Burlington on Tuesday the first day 

of September 1748. 

Present 
His Excellency the Governor 



John Reading John Coxe -j 
John Rodman > 

Rich d Smith Tho s Leonard J 



His Excellency the Governor having informed the Board, 
that before the compleating and delivery of the Charter for a 
College, laid before this board on the 23 d day of July last for 
their Approbation, his Excellency had discovered some mis- 
takes which made an alteration in the said Charter necessary ; 
his Excellency thereupon laid before this Board a Charter 
with the necessary amendments, and desired their opinion 
thereupon, and after proper Consideration thereof this Board 
Consents and approves the said Charter so amended. 

1 Endorsement. 



82 NEW JERSEY COLONIAL DOCUMENTS. [1748 

At a Council held at Burlington on the twenty first Day 
of October 1748. 

Present 
His Excellency the Governor 

John Rodman ^ 
Richard Smith VEsq rs 
Rob'H. Morris) 

M r Chief Justice laid before his Excellency and the board 
Sundry Examinations Affidavits letters and other papers 
relating to the Coining and Counterfeiting Money and the 
Several Persons that had been taken up and Committed, and 
at the same time informed the Board that he had Committed 
Eleven Persons who appeared to him Guilty of Felony 
in Counterfeiting Money, to the Gaol of the County of 
Morris, one to the Gaol of the County of Somersett, one to 
the Gaol of the County of Middlesex, and one to the Gaol of 
the County of Essex and that there were some Persons com- 
mitted to the different Gaols that had not been Examined 
before him, of which he had laid an Account before his 
Excellency some time before. 

He also informed, that by some Letters that had been sent 
him he learnt that ten of the Eleven Persons committed to 
the Gaol of Morris had made their Escape, and through the 
great Remissness of the Sheriff and Magistrates of that 
County, they Continued in the County, at and about their 
own houses and were not apprehended. 

He also laid before his Excellency a Petition from some 
of the Justices and Freeholders of Morris County, Praying 
a Special Court for the Tryal of the Money makers all 
which he Submitted to his Excellency and the Board. 



1748] JOURNAL OF GOVERNOR AND COUNCIL. 83 

At a Council held at Perth Amboy November 23 d 1748. 

Present 
His Excellency the Governor 

James Alexander Peter Kemble -\ 
Bob* H. Morris I 

Edward Antill Andrew Johnston f 

James Hude Thomas Leonard ) 

His Excellency by Advice of Council Signed the following 
Warrants 

N 59 To himself for a Quarters Salary from 
the 10 th Day of May last to the 10 th 
of August Last 250,, ,, 

N 60 To himself for a Quarters house rent 
from the 10 th of May last to the 10 th 
of August last 15 

His Excellency the Governor recommended to the Consid- 
eration of this Board the Coiners and Counterfeiters of 
Money, an information of which was laid before him in 
Council the 21* of October last by M r Chief Justice. 

Ordered, 

That it be referred to the consideration of the Gentlemen 
of the Council or any three of them. 



At a Council held at Perth Amboy November 24 th 1748. 

Present 
His Excellency the Governor 

James Alexander Peter Kemble ^ 

Edward Antill VEsq" 

James Hude Thomas Leonard J 



84 NEW JERSEY COLONIAL DOCUMENTS. [1748 

Upon reading a Representation of the Attorney Generals 
setting forth, that John Lindsley ju r and John Kenney both 
of Morris County, to whom eleven Persons who stood Com- 
mitted by a Special Warrant from his Honour the Chief 
Justice, for being concerned in Counterfeiting the Currency 
of this province were delivered, to be carried to Morris 
County Gaol, had suffered one of those delinquents to Escape 
out of their Custody, and that Thomas Darling and Seth 
Crowell both of Morris aforesaid, had received and protected 
the person who had so escaped, knowing for what he had 
been Committed ; and that the other ten persons were by the 
said Lindsley and Kenney, delivered to Caleb Fairchild Esq r 
Sheriff of said County, who committed them to the Gaol of 
said County, but afterwards Suffered them to make their 
escape out of the Gaol aforesaid : And praying an order of 
the Board for him to prosecute the said John Lindsley 
Junior John Kenney, Caleb Fairchild, Esq r Thomas Darling 
and Seth Crowell by Way of information in the Supreme 
Court, as he had found it impracticable to Cause any Delin- 
quents for Crimes Committed in the said County of Morris 
to be apprehended and prosecuted to Effect in the Courts 
there by the ordinary proceedings of the Law 

Which Matter is referred to the Consideration of the Com- 
mittee appointed Yesterday to consider of the Money Coiners. 

At a Council held at Perth Amboy December 7 th 1748. 

Present 
His Excellency the Governor 

James Alexander Andrew Johnston ^ 
Rob* H. Morris 

Edward Antill Peter Kemble [ Es <l" 

James Hude Thomas Leonard J 

His Excellency laid before the Board a Petition he received 
from one James Marshall a Prisoner in the Gaol of the 



1748-9] JOURNAL OF GOVERNOR AND COUNCIL. 85 

County of Middlesex for being concerned in Coining and 
passing: Counterfeit Money, praying a Special Commission 
for holding a Court for his Tryal, and desired their Advice 
thereon 

Ordered 

That it be referred to the Committee appointed to Consider 
of the Money Coiners. 

At a Council held at Burlington on thursday the 12 th 
Day of January 1748. 

Present 
His Excellency the Governor 

John Rodman ^ 
Richard Smith > Esq" 
John Coxe J 

His Excellency acquainted the Gentlemen of the Council, 
that it had been Represented to him that the Eastern Division 
of this Province Laboured under Great inconveniences by 
reason of the Vacancy of the office of Second Judge of the 
Supreme Court, and that he had directed the Secretary to 
Summon a Council to advise with on that and other occasions, 
that the Secretary had informed him that on the 24 th of 
December last he had sent Notices to the Members of his 
Majesty's Council by Express to meet at Burlington, that 
none of the Gentlemen then Attended, and that on the Second 
Notice which appointed them to Meet on Yesterday none of 
them attended, and as the appointment of a Second Judge of 
the Supreme Court was immediately necessary He acquainted 
the Council that M r Samuel Nevill had been recommended 
to him as Second Judge of the Supreme Court, M r William 
Hancock as a Judge of the Inferior Court of Common Pleas 
for Salem County M r Nicholas Gibbon as Clerk of the Pleas 
and Peace of said County, and M r William Barker as Sheriff 
of Salem County, in the room of M r Gibbon, and desired the 
opinion of the Council on the fitness of said persons. 



86 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

The Council were pleased to approve of them and Com- 
missions were ordered accordingly. 



At a Council held at Burlington on the 20 th Day of Janu 
ary 1748. 

Present 
His Excellency the Governour 

John Reading James Hude ^ 

John Rodman John Coxe 

Richard Smith Peter Kemble f 

Edward Antill Thomas Leonard J 

His Excellency acquainted the Council, that they were at 
this time Summoned to give their Advice and Consent on the 
appointment of Several of the Civil Officers of the Govern- 
ment, and produced Sundry Lists of Officers for the Several 
Counties of this Province, in which he desired their Advice 
and Consent, on which a Debate arose, whether his Majesty's 
Council were not Entituled to the recommendation of those 
Officers? His Excellency produced his Majesty's Instruction 1 
whereby he thought himself Entituled Solely to the Nomina- 
tion of those Officers, but that No person ought to be Com- 
mission'd if the Council if the Council Disapproved. The 
Council were of opinion that his Majesty intended by the 
said Instruction that the Council should have a right of 
recommending persons in order to his Excellency's nominating 
them, for it was to be supposed the Governors of this Pro- 
vince by reason of their Certain Residence could not be so 
well acquainted with the abilities and fitness of the several 
Officers in the different Counties, as the Council who being 
more dispersed had thereby a better opportunity of knowing 
the Inhabitants. 

But his Excellency insisting on his Majesty's Instruction 
proceeded to nominate Several persons to which the Council 
Consented. 

1 N. J. Archives, VI., 31. 



1748-9] JOURNAL OF GOVERNOR AND COUNCIL. 87 

His Excellency by Advice of Council Signed the following 
"Warrants. 

N 61 To Edward Antill Esq r for 232 Days 
attendance in Council to the 10 th of 
August last 69 ,,12,, 

N 62 To James Alexander Esq r for 210 days 
attendance in Council to the 10 th of 
August last 63 

At a Council held at Burlington on Tuesday the 21 t day 
of February 1748. 

Present 
His Excellency the Governor 

John Reading ^ 
John Rodman >Esq rs 
Richard Smith) 

His Excellency by advice of Council Signed the following 
Warrants 

N 63 To himself for one Quarters Salary due 

the 10 th Day of November last 250 

N 64 To himself for a Quarters house rent 

due the 10 th day of November last... 15 
N 65 To himself for a Quarters Salary Due 

the 10 th Day of this Instant 250 

N 66 To himself for a Quarters house rent 

due the 10 th day of this Instant 15 - 

At a Council held at Burlington on the 16 th Day of March 

1748. 

Present 

His Excellency the Governor 

John Reading Rob* Hunter Morris ^ 

James Alexander James Hude I 

John Rodman Andrew Johnston f ^ 

Richard Smith Peter Kemble J 



88 NEW JERSEY COLONIAL DOCUMENTS. [1749 

His Excellency informed the board, that as the Legislature 
was now Sitting on the important Affairs of the Province, 
and would probably Sit till the third Tuesday in March 
Instant at which time the Supreme Court is by Ordinance to 
be held at Perth Amboy ; and as some of the Judges and 
other Officers of that Court were now attending the Legisla- 
ture he desired the advice of this Board whether an adjourn- 
ment of the said Term would not be necessary. 

The board unanimously advised his Excellency to adjourn 
the said Term of the Supreme Court as being at this time 
necessary and Convenient And Advised his Excellency to 
Adjourn the Supreme Court to Meet at Amboy on the first 
Tuesday in Aprill next. 

The Secretary having prepared a Draft of a Writ of Ad- 
journment and laid the same before the Board, it was read 
and approved, and as the Chief Justice is one of the Council, 
and Samuel Nevill Esq r is Speaker of the house of Assembly 
and cannot attend the publication of the said Writ and mak- 
ing the Adjournment pursuant thereto It is therefore Ordered 
that John Allen Esq r one of the Junior Judges of the said 
Court to [do] publish the said Writ at Amboy on the third 
tuesday of this Instant March, and make the adjournment 
accordingly and that the Secretary do deliver the said Writt 
when Sealed together with a Copy of this Order to M r Justice 
Allen for that purpose. 

The Secretary reported that he had obeyed the above order. 

At a Council held at Burlington on the 28 th day of March 
1749. 

Present 
His Excellency the Governor 

John Reading James Hude 

James Alexander 

John Rodman John Coxe }- Esq rs 

Richard Smith Andrew Johnston 

Rob* H. Morris Thomas Leonard 



1749] 



JOURNAL OF GOVERNOR AND COUNCIL. 



89 



His Excellency by Advice of Council Ordered a Procla- 
mation for a General Fast, on thursday the Day of 

His Excellency by and with the Advice of this Board 
appointed the following Officers in the several Counties viz* 

For the County of Burlington 

Isaac DeCow, Jacob Hewlings, John Gosling, Revel Elton, 
and Thomas Shinn Judge of the Inferior Court of Common 
Pleas for the said County. 

Isaac DeCow, Jacob Hewlings, John Gosling, Revel Elton, 
Thomas Shinn, Robert Pearson, John Hollinshead, Robert 
Smith, Peter Jonlay, 1 Daniel Smith, Samuel Smith, and 
Michael Newbold, Justices of the Quorum, John Matthews, 
John Bunting, Edward Tonkin, Joseph Scattergood, Samuel 
Stoakes, William Forster, Nathaniel Thomas, Henry Paxton, 
Robert Hartshorne and Joseph Borden ju r Justices of the 
Peace for said County. 

For the County of Middlesex 

James Hude, James Thomson, James Smith Thomas 
Bartow, James Nelson, Judges of the Inferior Court of 
Common Pleas for said County. 



Edward Crowell 
Samuel Walker 
John Nevill 
Nicholas Everson 
Thomas Gatch 
John Stelle 
Judiah Higgins 
William Hutchinson 



I Quorum 



William Stone 
Josiah Smith 
Runy Kunyon 
Derrick Schuyler 
James Leonard 
Josiah Davison 
William Quke 
William Crawford 
John Barclay 
Jeremiah Field 
John Horner 



} Justices 



For the County of Essex 

John Ogden, George Yreeland, John Ross, Uzall Ogden 
and Eliphalet Johnson Ju r Judges & e 

1 Imlay. 



90 NEW JERSEY COLONIAL DOCUMENTS. [1749* 

Matthias Hatfield } Daniel Pearson ^ 
John Eolph 

Thomas Clerk [ Quorum ' John Styles \ JustlC6S 

John Halstead J Eichard Bradbury J 

For the County of MOD mouth 

John Little, Thomas Morford, Jonathan Trorman, John 
Bqune and Richard Sal tar, Judges & c 



Archibald Craig 
John Johnston 
Thomas Woodward 
John Anderson 
John Taylor 



Richard Willets ] 
Abraham Lane 
Quorum Samuel Leonard 

Kobert Montgomerie [ Justices 

Stephen Pangburn 

Amos White 

David Ray J 



For the County of Somersett 

Thomas Leonard, John Corle, John Vanmiddleswart, 
Paul Miller and John Stockton Judges & c 

John Eyres ~| Robert Lettice Hooper "] 

John Broughton ' Briant Laffarty 

Jacob Vanderirer f Q uorum Daniel McCown 

Benjamin Thompson J Nicholas Britain \ Justices 

Tobias Vanorder 
William Wahlen 
Ephraim Lockheart J 

For the County of Bergen 

David Damerest, George Reyerson, Derrick Kuyport, 1 
Garret Haeenbuk 2 and William Kingsland Judges & c 

Archibald Kenedy ] Jacobus Peck ] 

Peter Marselisse -' Quorum Reynier Vangiese j 
Johannes Post Samuel Moose ju r , 

Peter Post J Jacob Mead 

John Ryerson 
Abiah Vanbuskirk J 

1 Kuyper, Kuiper, Cooper. 

2 Halenbeck. 



1749] 



JOURNAL OF GOVERNOR AND COUNCIL. 



91 



For the County of Hunterdon 



William Morris 
Andrew Smith 
Martin Ryerson 
Theophilus Philipse 
Andrew Keed 
Isaac Herring 
Alexander Lockheart 
Philip Eingo 
Charles Clark 
Ralph Smith 
Samuel Johnson 



Judges & 



Quorum 



Jasper Smith 
John Philipse 
Samuel Slout 1 
Cornelius Ringo 
Benjamin Rounsaval 
Thomas Kitchen 
Will : Montgomerie 
William Cleayton 
Hugh Martin 
John Arrison 
John Garrison 



Justices 



For the County of Morris 



John Budd 

John Lindsley 

Jacob Ford } Judges 

Timothy Tuttle j 

Ebenezer Biram J 



David Line 
Isaac Vandyne 
Joseph Ketchill 
Robert Gobel 
Robert Gould 
Benj a Pierson 



Daniel Cooper Quorum ) 

Abraham Vancompen quo ) 

Ephraim Price 

Joseph Tuttle 

John Budd jun r I Justices 

Abraham Vanaken | 

John anderson 



Benjamin Hathaway ~] 
Benjamin Smith 
Jonathan Pettit 
Richard Lunday 
William Henry 



Justices 



His Excellency by Advice of Council Signed the follow- 
ing Warrants 

N 67 To the Hon ble Robert Hunter Morris 
Esq r Chief Justice for his Salary 
from the 10 th Day of May 1748 to 
the 10 th day of February 1748 75 

N 68 To Ditto for 72 days Attendance in 

Council 21 ,,12,, 

N 69 To Andrew Johnston Esq r for 66 days 
Attendance in Council between the 
15 th Day of July 1748 and the 27 th 
Day of March 1749 , 19,, 16,, 



1 Stout. 



92 NEW JERSEY COLONIAL DOCUMENTS. [1749 

N 70 To Ditto Treasurer of the Eastern 
Division for one Year Salary to the 
10 th Day of February last 40 

N 71 To John Reading Esq r for 37 days 
Attendance in Council between the 
10 th day of August 1748 and the 27 th 
of March 1749 11,, 2,,- 

N 72 To John Rodman Esq r for 45 Days 
Attendance in Council between the 
10 th day of August 1748 and the 27 th 
day of March 1749 13 ,,10,; 

N 73 To Richard Smith Esq r for 45 Days 
Attendance in Council between the 
10 th Day of August 1748 and the 27 th 
Day of March 1749 13 10 

N 74 To John Coxe Esq r for 47 Days Attend- 
ance in Council between the 10 th Day 
of August 1748 and the 27 th Day of 
March 1749 14,, 2,, 

N 75 To Peter Kemble Esq r for 74 Days 
Attendance in Council between the 
tenth day of August 1748 and the 
27 th day of March 1749 22,, 4 

N 76 To Thomas Leonard Esq r for 82 Days 
Attendance in Council between the 
tenth day of August 1748 and the 
27 th Day of March 1749 24 ,,12,, 

N 77 To James Alexander Esq r for 62 days 
attendance in Council between the 
10 th Day of August 1748 and the 
27 th day of March 1749 18 12 

N 78 To Edward Antill Esq r for 38 Days at- 
tendance in Council between the 10 th 
Day of August 1748 & the 27 th day 
of March 1749 11,, 8,, 



1749] JOURNAL OP GOVERNOR AND COUNCIL. 93 

N 79 To James Hude Esq r for 63 Days at- 
tendance in Council between the 10 th 
Day of August 1748 and the 27 th 
Day of March 1749 18 18 

N 80 To Richard Smith jun r Esq r for the use 
of Richard Partridge Esq r Agent of 
this Province at London for his Sal- 
ary from the 10 th of May 1748 to the 
10 th of February last.. 60,, ,, 

N e 81 To John Allen Esq r Third Justice of 
the Supreme Court for his Salary 
from the 10 th Day of May 1748 To 
the tenth of February last 18 ,,15,, 

N 82 To John Allen Esq r for his Salary as 
Treasurer of the Western Division 
for one year, to the 10 th Day of Feb- 
ruary 1748 40,, 0,, 

N 83 To Charles Read Clerk of the Council 
for his Salary from the 10 th Day of 
May 1748 to the 10 th Day of Feb- 
ruary 1748 , 22,, 10,, 

N 84 To ditto for his Salary as Clerk of the 
Circuits from the 10 th day of May 
1748 To the 10 th Day of February 
1748 '. 15,, 0,, 

M r Morris, M r Johnston and M r Leonard informed his 
Excellency & the Board, that John Allen Esq r one of the 
Justices of the Supreme Court of this Province had Signified 
to them that his Sickness had greatly Encreased of late and 
rendered him unable to attend the Duties of his Office, and 
therefore Desired his Excellency would give him leave to 
Resign his Office of Judge of the Supreme Court. 

Whereupon his Excellency by the unanimous Advice of 
the Council was pleased to appoint Charles Read Esq r to be 
one of the Justices of the Supreme Court in the Room of 
M r Allen, and to Order a Commission to be made out 
accordingly. 



94 NEW JERSEY COLONIAL DOCUMENTS. [1749 

At a Council held at Perth Amboy on Wednesday the 4 th 
Day of October 1749 

Present 
His Excellency the Governor 

James Alexander ^ 
Rob* Hunter Morris I 
James Hude ; 

Peter Kemble J 

His Excellency produced his Majesty's Mandamus for the 
Admitting M r Richard Saltar to be one of the Council of 
New Jersey in the following words 

George R. 

Trusty and wellbeloved. We Greet you well. 

We being well Satisfied of the Loyalty, Integrity and 
Ability of our Trusty and well beloved Richard Saltar Esq T 
have thought fit hereby to Signify our Will and pleasure to 
you, that forthwith upon the receipt hereof you Swear and 
Admit him the said Richard Saltar to be one of our Council 
of that our Province of New Jersey in America, in the Room 
of John Hamilton Esq rl 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 Sixth Day of Decem- 
ber 1748 In the twenty Second Year of our Reign. 

By his Majesty's Command 

BEDFORD 

Richard Saltar Esq r to be of 
the Council of New Jersey. 

Directed as follows. 

To our trusty and Wellbeloved Jonathan Belcher Esq r our 
Captain General and Governor in Chief of our province of 
Nova Caearea or New Jersey in America, and in his absence 

~"iJohn Hamilton died 17th of June 1747.-tt J. Archives VI. , U62. 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 95 

to our Commander In Chief, or to the President of our 
Council of our said Colony for the time being 

Which Mandamus was read and M r Saltar took the Oaths 
appointed by the Acts of Parliament, and also his Oath of 
Office. 

His Excellency laid before the board a draft of a Message 
he intended to send to the house of Assembly, and it is 
referred the Consideration thereof, to this Board or any five 
of them. 



At a Council held at Perth Amboy October the 5 th 1749. 

Present 
His Excellency the Governour. 

James Alexander James Hude ") 

Andrew Johnston Peter Kemble > Esq rs 

Rob* H. Morris Richard Saltar J 

This board having considered the Draft of the Message, 
which his Excellency intended to send to the house of Assem- 
bly, communicated by his Excellency Yesterday, the same 
was approved of in the following words. 

Gentlemen of the General Assembly. 

In April last I had the Honour of a Letter from the right 
Honourable the Lords Commissioners of Trade and Planta- 
tions in which is a Paragraph respecting an Arrearage of 
Salary due from this Province to the late Governor Morris at 
the time of his Death, and on which Account his Executors 
have Petitioned their Lordships, and Copies of said Parra- 
graph and Petition I send you with this by M r Secretary. 

As this is a Debt justly Due to the heirs of the Late 
Governour it is Certainly a Great hardship they should be so 
unreasonably kept out of it. I therefore hope after a proper 
consideration of what I now lay lay before you, you will 
make effectual Provision for the Speedy Payment of it, the 



96 NEW JERSEY COLONIAL DOCUMENTS. [174$ 

doing whereof you may depend will greatly recommend you 
to His Majesty's Grace and favour, which must be of the 
Greatest Service and Advantage to this Province on all 
occasions, and I recommend this Affair to your most Serious 
consideration, as it is a Matter in which his Majesty's Govern- 
ment is Essentially Concerned. 

J. BELCHER. 
Perth Amboy 5 th October 1749. 

After which His Excellency Desired the opinion of this 
Board whether they thought anything more was in his power 
to Do at this time in order to obtain the end proposed by the 
above Message. 

The Board were unanimously of opinion that the sending 
the above Message to the house of Assembly is all that is at 
Present necessary for his Excellency to do. 



At a Council held at Perth Amboy October the 12 th 1749, 

Present 
His Excellency the Governor. 

James Alexander Tho 3 Leonard \ -^ rs 

And* Johnston Rich d Saltar J 

His Excellency laid before this Board a Petition from 
Aaron Ball and Theophilus Burwell of the same purport with 
that laid before this house from the same Persons on tuesday 
last, also the Certificate from John Styles the Goaler of the 
County of Essex and desired the Advice of the Council 
thereon ; Then, 

His Excellency by Advice of Council signed the following 
Warrants. 

N 85 To himself or order for a Quarters Sal- 
ary between the tenth Day of May 
and the tenth day of Aug' 1749 250,, 0,, 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 97 

N 86 To himself or Order for a Quarters 
house Rent between the 10 th of Feb- 
ruary 1748 and the 10 th of May 
1749 15,,-,,- 

N 87 To himself or order for a Quarters Sal- 
ary between the 10 th Day of Feb- 
ruary 1748 and the 10 th of May 
1749 250,,-,,- 

N 88 To himself or order for a Quarters 
house Rent between the 10 th day of 
May and the 10 th of August 1749... 15 - 

N 89 To the hon bl Robert Hunter Morris 
Esq r for his Salary as Chief Justice 
of this Province between the 10 th 
day of February 1748 and the 10 th 
of August 1749 50,, ,, 

N 90 To Andrew Johnston Esq r for his Sal- 
ary as Treasurer from the 10 th Day 
of February 1748 to the 10 th of 
August 1749 20,, ,, 

N 91 To John Allen Esq r for Ditto 20,, 0,, 

N 92 To Charles Read or his Order for his 
Salary as Clerk of the Council from 
the 10 th Day of February 1748 to 
the 10 th of August 1749 , 15,, 0,, 

N 93 To Samuel Smith for 40 Days attend- 
ance as Clerk of the Assembly at 
Burlington in February and March 
last 16,, 0,,- 

N 94 To Thomas Bartow for 37 Days attend- 
ance as Clerk of the Assembly at 
Amboy in November and december 

1748 14,,16,, 

To ditto allowed for Copying Acts and 

Votes*' 12,,-,,- 

7 



98 NEW JERSEY COLONIAL DOCUMENTS. [1749 

At a Council held at Perth Amboy on Saturday October 
14 th 1749. 

Present 
His Excellency the Governor 

James Alexander Peter Kemble "^ 
Edward Antill Tho 8 Leonard VEsq" 

And w Johnston Rich d Saltar ) 

His Excellency laid before the Council a Draft of a Proc- 
lamation for a publick thanksgiving, as follows. 

By His Excellency Jonathan Belcher Esq r Captain General 
and Governour in Chief in and over his Majesty's Province 
of New Jersey and Territories thereon Depending in America, 
Chancellor and Vice Admiral in the same & 

A Proclamation for a publick Thanksgiving Taking into 
Consideration the manifold blessings of Heaven to a Sinful 
and Unworthy People, in Particular that it hath pleased 
Almighty God in much mercy to preserve the Life of our 
most Gracious King and the rest of the Royal family, and to 
Bless his Majesty's Councils and Arms, by restoring a Gen- 
eral Peace among all the Nations Engaged in the late War. 
To Continue our invaluable priviledges both Civil and Sacred 
and that it hath pleased a Gracious God in many respects to 
Smile on this Province, and not to punish us as our iniquities 
have Deserved, to favour us with such a plentiful supply of 
Eain after a Sore distressing Drought, and to Grant the 
Smils of Province 1 upon the former and latter harvest, filling 
our hearts with Food and Gladness; which unmerited In- 
stances of the Divine Goodness call aloud for our publick, 
Humble and most Grateful acknowledgements to the God of 
all our Mercies. 

I have therefore thought fit with the advice of his Majesty's 
Council to appoint and I do hereby appoint Thursday the 
twenty third Day of November next to be religiously ob- 

1 Smiles of Providence. 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 99 

served as a Day of Publick thanksgiving and praise to the 
great name of God our most Gracious and bountiful bene- 
factor, hereby exhorting both Ministers and People to Join 
in a publick and Serious manner in offering up their devout 
and thankful acknowledgments to the God of all our Mercies 
and at same time to offer up their humble and hearty Suppli- 
cations at the Throne of Grace for the advancement of the 
Kingdom of the Lord Jesus Christ in the world and that his 
blessed Gospel may run and be glorified among all nations 
and in particular among the Original Natives of this Land 
and for all in authority over us, particularly that the best of 
Blessings may Decend on our Gracious Sovereign King 
George, the Prince and Princess of Wales, The Duke, the 
Princesses the Royal Issue, and on every Branch of this 
illustrious Family that the Protestant Succession may abide 
before God for ever, that this Province may ever be remem- 
bered of God for good, that he would mercifully heal our 
Divisions, restore Peace and Tranquility, humble us for our 
Sins, prevent the Judgments we deserve, that he would incline 
us to Lead quiet and peaceable lives in all Godliness and hon- 
esty under the Government placed over us, that he would 
Graciously prevent the Growth of Sin and Impiety, revive 
pure and undefiled Religion and make us a people Zealous of 
good Works, and all servile Labour is hereby strictly for- 
bidden on said day. 

Given under my hand this fourteenth day of October 
Anno Dom 1749. 

J. BELCHER 

By his Excellencys Command. 

CHARLES READ Secretary. 
God save the King 

His Excellency laid before the Board a Message that he 
had received from the house of Assembly by M r Crane and 
M r Camp this Day and desired the Advice of the Council on 
the Subject Matter of said Message. 



100 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Ordered 

That M r Crane and M r Camp do wait on his Excellency 
and acquaint him, that this house humbly Prays him to issue 
a Commission for holding the Court of Oyer and Terminer 
and General Gaol delivery in the County of Essex for Trying 
the Prisoners confined there for high Treason and other 
Criminals in the said County to be holden at the time 
appointed by the Ordinance for holding the Circuit Court, or 
Sooner if he shall think it Proper for them to have a more 
Speedy Tryal. 

THO" BARTOW Clk 



At a Council held at Perth Amboy October 18 th 1749. 

Present 
His Excellency the Governor 

James Alexander Peter Kemble ^ 
Edward Antill Thomas Leonard VEsq ra 

Andrew Johnston Kichard Saltar J 

His Excellency laid before the house a Messuage he had 
received from the house of Assembly in Answer to his appli- 
cation to them for the Arrearage of Salary Due to the late 
Governor Morris, and desired their Advice, whether anything 
more could be done by him with any Probability of Success - r 
and the house considering the same are of opinion 'that no 
further Application will be likely to have the Desired Effect 
at this time. 

October 17 th 1749. 

Ordered That M r Learning and M r Fisher do wait on his 
Excellency And acquaint him, in answer to his Message of 
the fifth Instant, 

That this house were in hopes all differences between the 
late Governor Morris and the Assemblys of New Jersey 
might have been Buried in perpetual Oblivion with the death 






1749] JOURNAL OF GOVERNOR AND COUNCIL. 101 

of that Gentleman, because his Memory must be precious to 
his family, to whom they are unwilling to give any uneasi- 
ness, and nothing Short of The public welfare could have 
induced Them to rake into the ashes of The dead : But as 
They are oblidged in Duty to their Constituents and in dis- 
charge of .The trust Reposed in Them to dissent from what 
his Excellency has Recommended in his said Message; do 
therefore Think it incumbent on them to Remark on Some 
part of the Said late Governor's Conduct, from whence they 
Conceive Such Dissent both Just and Reasonable. 

The house avoiding to mention Many things that might 
be urged against The said late Governor's Conduct, have 
Contented Themselves with only Remarking to your Excel- 
lency, JThat Soon after The Said late Governors Accession to 
the Government he Issued writts for the Choice of a New 
Assembly, who in Their first Session not only gave him a 
Salary of 1,000. *$ annum for three years, and 60 yearly 
for hiring a house during the Said Term ; But also a Present 
of 500. And altho' this Provision was much more than any 
of the Neighbouring Governments paid, in proportion to 
Their Abilities, for Support of their Governors, and double 
the Sum that had been usually given to his Predecessors in 
This Colony ; Yett at the Conclusion of that Session he made 
them a Speech, and very unthankfully told them he only 
took That as an earnest of what he Expected ; and dissolved 
Them : And to Compleat his unreasonable Resentment 
against Them, did, in direct Contradiction of a Law which 
himself had Signed that very day, forbid the Treasurers to 
pay them their wages, altho Justly due, and for which They 
had Obtained Certificates according to the Said Law. 

That Notwithstanding the Treatment the first Assembly 
mett with was hard and Severe, Yet the Succeeding Assem- 
blies did not Retaliate it in its kind ; But, on the Contrary, 
in order to Demonstrate Their Duty and firm Attachment to 
the Best of Kings, and to Cultivate, if possible a good agree- 
ment with him The Said Governor, Continued The 



102 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Salary and house Rent from time to time until September 
1744. 

That notwithstanding the Assemblys endeavours for the 
good agreement above mentioned, in the year 1740 during 
a long Session of above three months in the Busiest Season of 
the year, the Two houses having passed a Number of neces- 
sary Bills, Some whereof were very long : And in order to 
further cultivate the Said good agreement, The General 
Assembly Sent copies thereof to him for his Perusal, but 
altho' he was not so kind as to point out any of their defects 
to the house, yet he Oblidged the Assembly to Continue 
together untill they were all Re-Engross'd with broad Margins 
& c in order, as he Said, for Affixing the great Seal thereunto. 
Yet after all This unnecessary trouble and Expence, and 
application by that Assembly to him to put an end to that 
Session, he Ordered Them to adjourn themselves for a fort- 
night to no purpose, and at Their Return Refused his Assent 
to many of The Said Bills So Re-Engross'd, which Serves to 
Demonstrate the disposition he had to perplex The Affairs of 
The Colony. 

That in The year 1742, After the Council and Assembly 
had Spent Six Weeks in preparing and passing Eight good 
& necessary Bills, he Signed The Bill for Support of Gov- 
ernment, and laid all The Rest aside ; and with a long Speech, 
filled with Invectives and charges against the Assembly, Dis- 
solved Them ; and all this with out any Reason for such 
treatment. 

That in 1743 Committees of both houses were appointed 
who mett in a free Conferrence, of which the Chief Justice 
and Second Judge of the Supream Court were apart, and 
Settled and agreed upon a Bill for Establishing a Table of 
fees, which afterwards pass'd both houses, and to which his 
Excellency, with all Seeming freedom gave his Assent ; yet 
to the great Surprize of the good people of This Colony, he 
Soon after wrote home to the Lords Commissioners for Trade 
and Plantations, Acquainting Them that the fees as Estab- 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 103 

lished by that Bill were So inconsiderable that no persons of 
Character or Eeputation would care to Accept of Employ- 
ments in The Colony. The Consequence whereof proved to 
be Repeal of The Said Bill ; So that through his means The 
Colony has Remained to this day without any Law for Tax- 
ing of Bills of Cost, to the grievious oppression of great 
Numbers of poor people in This Colony 

That in the year 1744, The Justices of The County of 
Hunterdon did Proceed, Contrary to a known Law of This 
Province, to Chuse a Commissioner of The Loan Office for 
the Said County, in The Room of Joseph Peace Esq r deceased 
Which illegall proceedings being Complained of to the General 
Assembly They took The Same into Their Consideration, and 
thereupon addressed The Said late Governor for the Removal 
of those Justices for their mal administration, Or to order 
Such other Prosecutions against Them as he, in his Wisdom 
Should See meet, So that it might effectually deter others from 
Acting So apparently Contrary to the Express Letter of the 
Law. But altho the Conduct of The Said Justices was not 
only Repugnant to a Law which had been Confirmed by his 
Majesty, but it Also had a direct tendency to lessen the Credit 
of The paper money, Then passing Current in This Collony ; 
yett notwithstanding The Said Governor was So far from 
Regarding This or the Assembly's Address, That he became 
an advocate for the Said Justices Illegall proceedings, Seem- 
ing to be displeased with the Assembly for Complaining of 
them, and in Gratification to his displeasure Continued The 
Justices, and dissolved the Assembly ; and Some time after 
called another, being The third he had mett with in less than 
ten months, as appears by their Journals. 

Thus did his Excellency exercise The Royall powers with 
him intrusted, to the great detriment of the Colony, by his 
frequent Calling, Prorogueing, and Dissolving the Assem- 
bly's, and often keeping Them together Sitting for a long 
time to no manner of purpose. Thus was the powers of 
Government abused, and That of The people's being Repre- 



104 NEW JERSEY COLONIAL DOCUMENTS. [1749 

sented in General Assembly, which was designed by our 
most Gracious Sovereign to be the Means of Compleating 
the happiness of his Subjects in This Colony, and Really is 
one of the greatest Temporal Blessings that a free people can 
enjoy on Earth; was by the misuse of it, become a very 
great Grievance. 

That after his Excellency had detained The Assembly 
together at Amboy in the year 1745 near two months altho' 
he himself was very often a Great distance from them, Some- 
times at Trenton, and Sometimes at or near Brunswick ; by 
which all Communication between him and them was So cutt 
ofi, that it was Rendered almost Impracticable, except at 
times when he Thought proper to come to Amboy, and Pro- 
rogue them for a few days, or otherwise Chastise them ; and 
after all the Reasonable proposals, that the Assembly could 
think of, were made, This Session finished without having its 
desired effect. 

That frequent and Long Sittings and no business of any 
Consequence being done, were then become So very common, 
and the debts of The Colony thereby So highly increased, 
that The Assembly easily foresaw the necessities the Colony 
would Soon be Reduced to, without great care; And his 
Majesty being at That time Engaged in a war with France 
and Spain, and this Colony having Chearfully given Several 
thousand pounds in The West India and Cape Bretton Expe- 
ditions, and reason to believe They Should Soon be called 
upon by his Majesty for further Assistance against his 
Enimies, and much talk of The French Sending a large 
fleet to Revenge upon Those Colonies the Indignity their 
Arms had Suffered in the loss of Cape Breton ; and This 
being a defenceless Government, without any manner of for- 
tification and Liable to be Attacked for near 300 miles, The 
Assembly would have been greatly wanting in Their Duty to 
his Majesty and his faithfull Subjects of this Colony if They 
had not endeavoured to keep the State of The Treasury in 
as good a Condition as possible. And time has Sufficiently 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 105 

verified that These imaginations were but too well Grounded, 
for, altho kind Providence did not permitt the fleet of Our 
Aspiring Enemies to Attack us, yet this Colony were Called 
upon by his Majesty to Assist in the late intended Expedition 
Against Canada: in which Expedition they have actually 
Expended above 20,000, including what was lent the Crown 
for Arming and Cloathing the forces Sent from hence. 

These Reasons and many more being Sufficiently weighed, 
The Assembly Proposed to The Governor in The year 1746, 
That they would willingly Support The Government by 
giving his Excellency 1000. for two years, Immediately out 
of The Treasury, and also 1000 out of the first Interest 
money which should Arise by the new Bill for making 
40,000, Provided he would Sign the few Bills which were 
then pass'd by both houses, ready for his Assent, as appears 
by their Message of May 7 th 1746 ; and he at that time was 
So far from having any Objections to the Said Bills, That he 
Returned The following answer 

" So now it plainly appears That when They might have 
'" had all The Acts they pretended to desire, and were Seem- 
" ingly So fond of, and the forty Thousand pound Bill passed 
" with a Suspending Clause, They Refuse to have them upon 
" the Terms They have hitherto asked Them. I will (as I 
" have Assured Them) pass the Bills They Seem So fond of, 
" on Condition They Joyn in Supporting The Government in 
" as large and Ample a manner as usuall and not otherwise. 
" By This their Constituents may See that they might have 
" had the forty thousand Pounds they desired, if his Majesty 
" would be pleased to approve of it." 

By which your Excellency may observe The mistake of 
that Representation to the Board of Trade, of The Salarys 
being withheld meerly on Account of his Adherence to his 
Duty and Obedience to the directions of That Board. And 
plainly See That it was not any objection he had to the 
40,000. Bill; That actually being offered with a Suspending 
Olause, as all others of The kind offered by the Assemblys of 



106 NEW JERSEY COLONIAL DOCUMENTS. [1749 

New Jersey to him had been ; and which he Said they might 
have had on The Terms There proposed. From whence 
your Excellency will Observe that he Refused to do the 
Duties of Government Except the Assembly would give him 
Such a Salary as he asked, and in his own Mode and way ; 
which, without resiging Their liberties, they could not do. 

That from the foregoing Remarks, with his Refusing to do 
the duties of Government, The house conceive their dissent 
from what his Excellency has Recommended with Respect to 
the Said late Governor Morris will appear both Just and Rea- 
sonable. But to put the matter beyond dispute They Beg 
leave further to remark that altho' Governor Morris in his 
lifetime did, and his Executors now, do, insist upon the pay- 
ment of what Some are pleased to term arrears, Yet the house 
have his own opinion in a Similar case to Justify their not 
allowing them : for during the time That Lord Cornbury 
was Governor of This Colony, many Irregularities having 
crept into the Administration, and the Said Governor Morris 
being at that time one of the most leading men in The house 
of Assembly, They thought proper to withhold the Said 
Lord's Salary for The two last years of his being Governor, 
and notwithstanding great Endeavours were used to Obtain 
it, yet the house do not find that either he or his Executors 
were ever allowed one farthing. 

That the house hope his Excellency will be Sufficiently 
Satisfied That nothing can be reasonably demanded on ac- 
count of The said late Governor Morris's pretended arrears ; 
it being a Subject So universally disliked in This Colony, 
That there is None except those who are immediately Con- 
cerned in point of Interest, or particularly influenced by 
those who are, will Say one word in its favour. 

That it is altogether unlikely any Assembly of this Colony 
will ever look upon that to be a Just debt, or apply any 
money for the discharge thereof; And That they cannot con- 
ceive the further Recommendation of it will be any advantage 
to the said Executors. 

THO S BARTOW Cl k 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 107 

At a Council held at Perth Amboy October 20 th 1749. 

Present 
His Excellency the Governor 

James Alexander Tho 8 Leonard ^ 

Andrew Johnston >Esq r8 

Peter Kemble Rich d Saltar J 

His Excellency by Advice of Council Signed the following 
Warrants. 

N 95 To Andrew Johnston Esq r to pay for 
the use of the Council Rooms fire 
and Candle to the 25 th 7 br 1749 as 
by two last Support Bills 47 7 9 

N 96 To the Executors of Joseph Bonnell 
Esq r for his Salary as Second Justice 
of the Supreme Court from the 10 th 
of February 1748/9 to the 14 th Day 
of March following 2,, 6 10 

N 97 To Ditto for M r BonnelPs holding 
Seven Courts of Oyer and Terminer 
& in Bergen in the years 1744, 
1745, 1746, and 1747 ; and in Essex 
in the years 1745, 1746, and 1747.. 70 

N 98 To Andrew Robinson for 37 Days 
attendance as Serjeant at Arms to 
the Assembly at a Sessions at Perth 
Amboy in November and December 
1748 5,,11,, 

N 99 To Peter Savory for 159 days attend- 
ance as Serjeant at Arms to the 
Council during Sundry Sittings of 
General Assembly before the 25 th 
Day of September 1749 23 17 



108 NEW JERSEY COLONIAL DOCUMENTS. [1749 

N100 To John Titus Door keeper of the 
Assembly for 37 days attendance in 
the Sessions in Novem r and Decem- 
ber 1748 , 5 ,,11,, 

. Then M r Alexander Delivered to his Excellency the Advice 
of the Council in the following words. 

To his Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and over his Majesty's Province of 
New Jersey and Territories thereon depending in America, 
Chancellor and Vice Admiral in the same. 

May it please Your Excellency. 

In obedience to Your Excellency's order in Council of the 
12 th Instant Referring to us the Petition of Aaron Ball and 
Theophilus Burwell, 1 Prisoners for Treason in the Gaol of 
Essex at Newark and desiring the Advice of the Council 
thereon. 

We have considered the same as well as the other things 
before us, and this short time would Admitt, and have also 
Considered the other Papers then and since, by Your Excel- 
lency laid before us to consider on that Occasion ; to witt, his 
Majesty's fortieth Instruction to Your Excellency, & the mes- 
sage of the Assembly of the 14 th Instant, Praying Your Excel- 
lency to issue a Commission for Trying the said Prisoners in 
the County of Essex, and other Criminals in the said County : 
And in Answer to Your Excellency's said desire, We beg 
leave to lay before Your Excellency, for your Consideration, 
the Resolves of the Council of the 12 th of December last 
which were Communicated to the Assembly, and do appear 
in their Printed Minutes of the 13 th of December last, We 
do assure Your Excellency that We are far from thinking 
we have any reason to Change our opinion Expressed in 
those resolves, but many things to Confirm us in them, such 
as the Growth of the Number of the Rioters, which must 

"Tiee N. J. Archives, VII., 405. 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 109 

naturally be expected from The Assiduity of their heads, and 
the encouragement Given them by the refusal of the then 
house of Assembly, to do anything against them and by the 
last and present Sessions of Assembly, absolutely refusing 
and declining to Raise any money for Guarding the Gaols, 
wherein any of them should be Confined, or to bring them 
to Tryal in other Counties, where fair and Impartial Juries 
could be had. The Growth of the Rioters must also be 
naturally expected, from their Continuing to Plunder other 
Mens estates ; and the hopes of a Share of the booty must 
naturally Induce all the vagobonds of this and the neigh- 
bouring Provinces to inlist with them, and Sign their Com- 
binations and agreements. 

Another reason is, that we are informed by M r Paris our 
Agent at the Court of Great Britain, that the Proceedings of 
the Council of December last, 1 whereof the said Resolves are 
part have been considered by the Lords Commissioners for 
Trade and Plantations and were by them approved of; and 
are further informed by M r Paris (as we Doubt not Your 
Excellency is by M r Partridge) That his Majesty's Ministers 
seem fully resolved to Advise his Majesty to afford adequate 
relief, for restoring the Peace and Laws of this Province i 
and that the ways and means to gain that end were under 
their Consideration, and particularly were Considering how 
far his Majesty's Mercy and Gracious Pardon should be 
Extended to the Criminals, and what exceptions to make Out 
of it, for Examples to prevent the like disturbances for the 
future. 2 

Another reason arises from the depositions and examina- 
tions taken last week and this, by the Members of the Coun- 
cil, which we now beg leave to lay before Your Excellency, 
with the brief Collection of the Substance thereof in the 
Minutes of the Council of the 17 th Instant, by which Your 
Excellency will see the improbability that two Lawful Juries 
can be found in the whole County of Essex, for the Indict- 

1 See p. 47-54 ante. 

2 See N. J. Archives, VII., 301-316. 



110 NEW JERSEY COLONIAL DOCUMENTS. [1749 

ment and Tryal of any one of the many hundred of Criminals 
there. 

For more Strongly expressing our opinions on this occasion, 
We beg leave to Suppose, that while the Rebells in England 
were lately in actual possession of the City of Carlisle, some 
of them had Surrendered themselves to the Magistrates of 
that City, and Petitioned for a Commission of Gaol delivery 
to try them ; The objection to that Petition would have been 
very obvious, viz* That while Carlisle was in the hands and 
power of the Rebells, no Jury, without the perill of their 
lives Durst find any of the Prisoners Guilty ; and if they did, 
Yet no Judge or Officers Dared to Give and Execute the 
Judgment. The same Objections We Conceive, lie equally 
against Granting at this time the Commission requested by 
the house of Assembly and the Prisoners : With this one 
further, to Witt, that tho' the Rebells were Masters of Car- 
lisle, Yet many Loyal Subjects were then in it, no ways 
related to the Rebells, and consequently there was no want 
of Lawfull Juries to Try ; but here, in this Case it's notor- 
ious, and it appears to the Greatest probability, by the above 
Depositions, that tho' there are many Loyal Subjects in Essex 
County, Yet they are so related by blood or Marriage to the 
Rioters, or some of them, that no lawful juries can at present 
be found in Essex to Indict and try the Criminals; and 
therefore if tryed by such Juries as can there be found, 
there's little doubt, but that they must be acquitted. 

We are also of opinion, that should We advise Your Ex- 
cellency to Grant such Commission, and Your Excellency by 
our advice should Grant it, and any Persons accused of 
Treason, should be thereon Tried and Acquitted, That (in the 
present Circumstances of Essex County, and while the Matter 
is under his Majesty's Deliberation) We should be far more 
Guilty of Treason, than any of those who have broken Gaols 
and rescued from thence Prisoners committed for Treason ; 
for in that Case, the Prisoners rescued might be again taken 
up and Tryed ; But should they be acquitted by such Com- 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. Ill 

mission, tho ? never so Guilty, they would be thereby as we 
Conceive, in Effect rescued forever. 

Upon the whole, we beg leave, humbly to advise Your 
Excellency not to Grant the Commission requested, until his 
Majesty 'B Pleasure, in this Matter now before him be Sig- 
nified to Your Excellency. 

We are May it please your Excellency 

Your Excellency's most obedient, 

And Most Humble Servants 

JAMES ALEXANDER. 
EDWARD ANTILL. 
AND W JOHNSTON. 
PETER KEMBLE. 
THOMAS LEONARD. 
RICHARD SALTAR. 

At the same time were delivered to His Excellency the 
Several Depositions referred to and abreviated in the Minutes 
of Legislation of the 17 th of October Instant. 

Pursuant to an adjournment of the General Assembly His 
Majesty's Council for the Province of New Jersey met at 
Burlington on 

Tuesday the 21 8t of February 1748. 

Present 
The Hon bl John Beading ^ 

John Rodman >Esq rs 
Richard Smith) 

His Excellency Came into Council, and having by the 
Secretary Informed the house Of Assembly 1 that he was in 

1 This the Seventeenth Assembly was composed as follows : City of Perth Amboy 
Samuel Nevill, Lewis Johnson ; Middlesex John Wetherill, James Smith ; Mon- 
mouthJobn Eaton, Robert Laurence ; Essex John Crane, Joseph Camp ; Somerset 
J. Van Middleswardt, Hendrick Fisher ; Bergen Laurence Van Buskirk, Derick 
Dey ; City of Burlington Richard Smith, Jr., Daniel Smith ; County of Burlington 
William Cook, Joshua Bispham ; Gloucester Joseph Cooper, James Hinchman ; Salem 



112 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 1 

the Council Chamber, Ready to Receive the Presentation Of 
their Speaker. 

The house Attended, and Presented Samuel Nevill Esq r 
for their Speaker. 

His Excellency was pleased to Approve their Choice. 

His Excellency By the Secretary Commanded the Attend- 
ance of y e House Of Assembly, They Attended and his 
Excellency Was pleased to Make y e following Speech to both 
Houses. 

Gentlemen Of y c Council and of the General Assembly, 

It is Now above eighteen Months Since My Arrival to 
This Government, In Which time I Often Urged the Council 
and y e late Assembly to fall into Some Effectual Measures for 
Putting An end to y e Confusions and Disorders I found the 
Province In At My Arrival, And had So been for Many 
Years Before, Arising from A Wicked Combination of 
Audacious Rioters, Situated In Many Parts Of y e Province r 
I was indeed Pleased With the Steps taken In the Last 
Winters Session By the Whole Legislature ; to Bring those 
Outragous People Into A Loyal And Dutiful Behaviour to 
the King, And to his Government ; But I am Sorry to Say 
(what You All know) That the Measures taken have Not 
Produced The Desired Effect : This therefore (With Other 
Reasons) Was The Occasion Of my Dissolving the Late 
Assembly hoping Upon a New Choice, There Might Come 
On a Better Harmony Between his Majesty's Council And 
the General Assembly, In this And in All Other Matters. 
And as We are Now at the first Session Of this Assembly, 
Let Me Intreat You, and kindly Caution You, Against Un- 
happy Feuds and Animosoties Among Your Selves, the 
Sacred Oracle tells Us, the Wringing of the Nose Bringeth 
forth Blood. And that it is better to leave Off Contention 
Before it is Medled With " 

William Hancock, John Brick ; Cape May Aaron Learning, Jacob Spicer ; HunUr- 
don William Mott, John Embly. Eight of these were not members of the last 
Assembly ; and of these eight only one (Lewis Johnson) had before served. See Proc.. 
N. J. Hist. Soc., V., SO. 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 113 

Gentlemen, I had Not Given You the Trouble of Meeting 
Me At this Difficult Season, But that I Think the Present 
Distressed State Of y e Province, with respect to the Rioters, 
Loudly Demands Your Immediate and Effectual care. 

And I Must Now, Gentlemen Of the General Assembly 
more Particularly turn My Self to You, That You Would 
Give an Instance Of Your Real Tender Regard To Your 
Constituants, the Good People Of this Province, By Making 
Without Delay, What May be Judged A Sufficient Supply 
Of Money for Defraying the Charges Of Guarding the Jails, 
As it May become Necessary : For While those Atrocious 
Villians Lay Open the Doors of y e Kings Prisons With 
Impunity, there Can Be No end Of Mobbing and Rioting, 
Nor Can the Kings Good and Obedient Subjects Be Safe In 
their Persons, Liberties, Or Estates. You Would Do Well 
to Consider, What further Laws May Be Necessary for 
Curbing and Suppressing the UnparallePd Insolence Of those 
People. 

Gentlemen, of the Council, And of y e General Assembly, 
If Nothing Should be Agreed On By You In this Session, 
For Bringing to Condign punishment Such persons as get 
together From time to time, With a spirit of Murder, Against 
The Officers of y e Government, Who are In the Execution 
Of their Duty, For the Defence And Support of the Kings 
Authority And of the Laws of the province, I Say, if Noth- 
ing Should Be Done Among Our Selves, I Must, In Duty 
to the King, And for the Real Regard I have for The Wel- 
fare And prosperity Of the good people Committed to My 
Care, Lay the Present Deplorable State Of this province and 
Government Before his Majesty, And Implore his Royal Aid 
For preventing their Becoming A Rude Scene of Anarchy, 
With all its fatal Consequences. 

JoN n BELCHER 
Burlington February y e 21 st 1748/9. 

The House continued till 

Friday the 24 th Day 'of February 1748 



114 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 



The House Met 

Present 

The Hon ble John Rodman ") 
John Reading 
Richard Smith ]> Esq rs 
John Coxe 
Thomas Leonard J 

His Excellency's Speech to Both houses Was Read 
The House continued till Monday Feb 17 27 1748. 



The House Met 

Present 

The Hon rble John Reading ^ 
John Rodman j 
Richard Smith } Esq rs 
Peter Kemble 
Thomas Leonard J 
The House continued till Wednes 7 March 1 st 1748. 



The House Met 

Present 

The Hon rble John Reading 
John Rodman 
Richard Smith % j Esq rs 
Peter Kemble 
Thomas Leonard J 

M r Richard Smith Acquainted the House that M r Fisher 
and M r Learning from the house Of Assembly had Delivered 
to him A Bill Entituled, An Act to enable the Legislature 
to Settle the Quotas of y e Several Counties in this Colony ; 






1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 115 

And also A Bill Entituled [An Act] to Ascertain the Line and 
Bounds Between y e Counties Of Somerset And Morris, 
Together With the Orders Of that house to y e Said two 
Members, To Carry the Said two bills to the Council for 
their Concurrence : Which Bills And Message He had re- 
ceived from them, this house Not Sitting, At the time, And 
he Delivered the Same In At the Table. 

The above Bills Were Read the first time, And Ordered A 
Second Reading. 

The House continued till Friday March y e 3 d 1748 

The House Met 

Present 
The Hon- John Reading ] John Coxe 

James Alexander ! Peter Kemble U, 

John Rodman, Thomas Leonard j 

Richard Smith J 

The Bill Entituled An Act to Ascertain the Line and 
Bounds between the Counties Of Somerset And Morris, Was 
Read a Second time And Committed to the Gentlemen Of 
y e Council Or Any Three of them. 

Also, the Bill Entituled, An Act to Enable the Legislature 
to Settle the Quotas Of the Several Counties Within this 
Province, 

Was Read A Second time And Committed as Above 

M r Smith Acquainted the House, That M r Spicer & M r 
Wetherill from the House Of Assembly Had Delivered to 
Him A Bill Entituled, An Act to further Continue An Act 
Entitled An Act for better Settling & Regulating the Militia 
Of this Colony Of New Jersey, for the Repelling, Invasions 
and Suppressing Insurrections & Rebellions, Together With 
an Order From the House Of Assembly to the Said Two 
Members to Carry The Same to the Council for their Con- 
currence, Which Bill and Message He had received from them, 
And He Delivered the Same In At the Table. 



116 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

Which Said Bill Was Read the first time and Ordered a 
Second Reading 

His Excellency's Speech Was Read a Second time, 

Resolved, That an Humble Redress 1 be Presented To His 
Excellency In Answer Thereto. 

Ordered That M r Alexander, M r Rodman & M r Coxe Be 
A Committee To Prepare A Draft of the Same & Report it, 
to this House With All Expedition 

The House continued till Saturday March 4 th 1748 



The House Met 

Present 

The Hon b1 ' John Reading John Coxe ^ 

James Alexander Peter Kemble 
John Rodman & f Es( T 

Richard Smith Thomas Leonard J 

M r Alexander from the Committee Appointed to prepare 
A Draft of the Address In Answer to his Excellency's Speech, 
Reported, that the Committee had Prepared the Same Accord- 
ingly, Which was Read And Sundry Amendments being 
Made thereto Was Agreed to by the House And Ordered to 
be Engrossed. 

The Re-Engross'd Address being read & Examined, 

Ordered, That the Speaker Sign the Same ; 

Ordered, That M r Coxe & M r Kemble, Do Wait On his 
Excellency And Acquaint him that the House is ready, to 
Attend Him With the Said Address, When his Excellency 
Will be pleased to receive the Same. 

M r Kemble from the Committee, to Whom the Bill 
Entitled An Act to Ascertain the Line & Bounds Between 
The Counties of Somerset And Morris, Was referred, 
Reported that The Committee Had gone through the Same, 
To Which they Had Made One Amendment, Which he was 

1 Address. 



1748-9] JOURNAL OP THE PROVINCIAL COUNCIL. 117 

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 its place, And 
Delivered the Same in At y e Table. 

Ordered That the said Amendment be read a Second time, 
Agreed to By the house, 

Ordered, That the said Amenden 1 Be Engrossed. 

The Bill Entitled, An act to Ascertain the Line & Bounds 
Between the Counties of Somerset & Morris, With the En- 
gross'd Amendment being read the Third time ; 

And the Question Being put ? 

Resolved, That the Said Bill As Amended Do Pass. 

Ordered, that the Speaker Do Sign the Same : 

Ordered, That M r Kemble Do Carry the Said Bill With 
the Amendment to the House Of Assembly And Desire 
Their Concurrence to y e Said Amendment. 

M r Kemble reported that he had Obey'd the above Order. 

M r Coxe & M r Kemble Reported, That they had Waited 
On his Excellency, Who was Pleased to Say, That he was 
Ready, to^ receive the Address Of this House Immediately. 
The Council Immediately Waited on His Excellency with 
Their Address Which is in the following Words. 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor In Chief, In & Over His Majesty's Province 
Of New Jersey, And Territories thereon Depending in 
America, Chancellor and Vice Admiral in the Same. 

The Humble Address, Of his Majesty's Council for y e 
Province of New Jersey In General Assemblies met. 

May it Please Your Excellency, 

We His Majesty's Council for y e Province Of New Jersey 
Beg Leave to Return Your Excellency Our hearty Thanks 
For Your favourable Speech to Both Houses, At y e Opening 
Of this Session. 

1 Amendment. 



118 NEW JEESEY COLONIAL DOCUMENTS. [1748-9 

And We hope Your Excellency will believe We are Not A 
Little Concerned, That y e Continuance And Increase Of the 
Disorders and Confusions in this Province (Occasioned By a 
Combination Of Abandoned Villians, Who have frequently 
broke Open his Majesty's Goals, And Rescued the Prisoners 
therein Confined For High Treason And Others Crimes ; And 
Who havepng] in Many Others Instances Attempted to 
Subvert his Majestys Laws And Government) Made it Neces- 
sary For your Excellency to Call The Council and Assembly 
together At this Season. Yet those Repeated Outrages And 
Particularly the Late Impudent Attack Upon the Goals Of 
Essex At A Time When y e Legislature Were Actually Sitting 
At Amboy, Rendered it Incumbent On Your Excellency In 
regard to the Duty You Owed to His Majesty And Out of 
Tenderness to the Welfare of y e Inhabitants Of this Province, 
to Pursue this And every Other Method, Which Might be 
Thought Effectual For Preventing, the Growth Of this Un- 
parelleled Scheme of Wickedness. 

And We Do declare to Your Excellency, That We Shall 
Heartily Fall into any Measure and Join Your Excellency 
and the Other Branch of the Legislature, In Enacting Such 
Laws As May Contribute to Curb ye Insolence of these 
Audacious People, And We hope the Other Branch of y e 
Legislature Will be As Truely inclined As We Are to take 
Your Just And Kind Caution And Advice, Not to enter into 
Any feuds Or Animosities, Which, As We Are Sensible, May 
be Productive Of Many Inconveniences, but of No One Solid 
Advantage, We Shall As Much As in Our Power Lyes 
Endeavour to Avoid. 

As the Steps taken the Last Winter Sessions By the Legis- 
lature, To Bring, these Audacious Criminals To A Sense Of 
and return to their Duty Have Not Produced the Desired 
Effect And as the Lenity Of the Government Towards them 
Has been treated By Most Of them With Contempt, We 
Would Not Suppose the House of Assembly Will Delay Or 
Refuse To Do At this Juncture What May be Proper to 






1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 119 

restore the Peace And Harmony Of his Majesty's Govern- 
ment, Especially Since Any Means We May fall Upon Among 
Our Selves, Which May Answer that end Must Be Less Felt 
By Us, And be Much More Eligible, than For Us by a 
Neglect Of Our Duty to Draw down the Resentment Of His 
Majesty And his Ministers, Which Must be the Unavoidable 
Consequence If We Suffer things To Proceed to the Utmost 
Extremity, And Will be Attended With this Peculiar Hard- 
ship, That the Innocent Will be of Course Sufferers, And 
Involved With the Same calamities With the Guilty. 

But if it Must be the Misfortune Of this Province to be 
reduced to fly for Assistance to y e King We Presume To Say 
Your Excellency Would Strongly Testify Your Duty to his 
Majesty And Esteem for His Loyal Subjects Under Your 
Care By Laying the Deplorable State & Condition Of this 
Colony Before him And Imploring his Royal Aid And 
Interposition, And We Do Assure Your Excellency We 
Shall Think Our Selves Indispensably Obliged To Concur 
With And Afford Your Excellency Our Utmost Assistance 
In Representing to his Majesty And his Ministers, The 
Unhappy Situation And Circumstances Of this Distressed 
Province. 

JOHN READING, Speaker 

March 14 th1 1748. 

The House Continued till Tuesday March 7 th 1748. 

The House Met 

Present 
The Hon rtle James Alexander And rw Johnston -) 

John Rodman Peter Kemble > Esq 

Richard Smith Thomas Leonard ) 

M r Smith Acquainted the House, That M r Crane & M r 
Bispham From the House of Assembly, Had Delivered to 
Him A Bill Entituled, An Act for Naturalizing Peter 

1 March 4th ? 



120 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

Schmuck, Philip Marot And Peter Bruier, And Also the 
Bill Entituled, An Act to Ascertain the Line And Bounds 
Between the Counties of Somerset & Morris To Which (As 
Amended By the Council) The House Of Assembly Had 
Agreed, and also the Orders of the House of Assembly to 
The Said two Members to Carry the Same to y" Council, 
Which Bills And Messages He Had Received From them, 
This House not Sitting at the time, And he Delivered the 
Same In at the Table. 

The Bill Entituled, An Act for Naturalizing Peter 
Schmuck, Philip Marot, And Peter Bruier Was Read the 
first time And Ordered a Second Reading 

The Bill entituled, An Act to ascertain the Line' and 
Bounds Between the Counties of Somerset And Morris being 
Compared. 

Ordered, That the Speaker Do Sign the Same 

A Message From the House Of Assembly, By M r Spicer 
And M r Wetherill. 

Ordered, That M r Spicer And M r Wetherill Do Wait On 
the Council, And Acquaint them that this House Desires to 
be informed What Progress that House have Made In the 
Quota Bill and the bill for Continuing the Militia Act. 
By Order of the House 

SAMUEL SMITH Clerk 

The Bill Entituled, An Act to Further Continue An Act 
for Better Settling And Regulating the Militia Of this 
Colony of New Jersey & Was read a Second Time & Com- 
mitted to y e Gentlemen of the Council, Or Any Three of 
them. 

His Excellency, By the Secretary Sent to this House His 
Answer to their Address. 

Gentlemen of the Council, 

I thank You for Your Address So Full of Duty & Loy- 
alty To his Majesty And of Tender Regard to his People of 






1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 121 

New Jersey, And Unless Effectual Measures Should be fallen 
Upon By All the parts of y" Legislature Before the end of 
this Session of Assembly I shall Desire Your Advice And 
Assistance, the better to enable Me In Representing, the Dis- 
trest Condition of this Province to His Majesty And Implor- 
ing his Royal Aid for Saving this People from ruin and 
Destruction. 

J: BELCHER 

Burlington \ 

March 7 th 1748 ] 

Ordered, That M r Leonard Do Acquaint the House Of 
Assembly, that the Bill Entituled, An Act to Further Con- 
tinue An Act for better Settling And Regulating the Militia 
of This Colony & c And the bill Entituled, An Act to Enable 
The Legislature to Settle the Quotas & Have been twice read 
In this House & Are Committed, And Are Now Under the 
Consideration, Of Committees of this House. 

The House Continued till Three O'Clock P. M. 



The House Met 
Present as before. 

M r Johnston, from the Committee, to Whom the Bill En- 
tituled, An Act to Further Continue An Act Entituled, An 
an [act] For Better Settling And Regulating, the Militia of 
this Colony Of New-Jersey & Reported y e Same Without 
Amendment. 

Ordered, That the Same be read y e third time 

The Bill Entituled, An Act to Further Continue An Act 
Entituled, An Act for better Settling And Regulating the 
.Militia & being read the third time. 

And the Question being put ? 

Resolved, That the Same Do Pass ; 

Ordered, That the Speaker Do Sign y Same. 

^Ordered That M r Johnston Do Acquaint the house of As- 



122 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

sembly, That the Said Bill Pass'd This House This After- 
noon. 

M r Johnston, Reported that he had Obeyed the Above 
Order. M r Leonard, Reported that he had Delivered the 
Order to him given this Morning To the Speaker Of y e House 
of Assembly, The House Not Sitting. 

His Excellency Came Into Council, And having by The 
Secretary Informed the House Of Assembly That he was In 
the Council Chamber, Ready to receive the Address of That 
House. 

The House of Assembly Attended and by their Speaker 
Delivered the following Address. 

To his Excellency Jona n Belcher Esq r Captain General and 
Governor In Chief In and Over His Majesty's Province of 
New Jersey, And Territories Thereon Depending In America 
Chancellor And Vice Admiral in the Same, & c 

May it Please Your Excellency, 

We His Majesty's Dutiful And Loyal Subjects The Rep- 
resentatives Of the Colony of New Jersey, In General As- 
sembly Convened, Beg Leave to Assure Your Excellency, 
That We Are Heartily Concerned [that] Your repeated 
Endeavours With the Council And Late Assembly, To fall 
into Some Effectual Measures For Putting an end to the Con- 
fusions & Disorders Which You found The Colony in At 
Your Arrival, Should Prove so Ineffectual Through a Com- 
bination of Audacious Rioters Yet Continuing In their 
Wonted Obstinancy, Notwithstanding the Steps hitherto 
Taken By the Legislature to bring them Into a Loyal and 
Dutiful behaviour, To the King, And to the Laws of this 
Government: However by the best Intelligence We have as 
Yet Received, We are informed that those Offenders In the 
Township Of Maidenhead, In the County of Hunterdon, 
Who have had One Months Notice Who the Persons Were 
that Your Excellency Was Pleased to Appoint to take the 
Oaths And Qualifications of Those People, According to the 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 123 

Conditions of His Majesty's Pardon, That you was Pleased 
to extend, Have Generally, If Not Wholly Taken the Bene- 
fits Thereof. 

But We are Sorry we have Not Received the Like Infor- 
mation From the County of Essex, Where those Unhappy 
People Are More Numerous, And Where We Understand 
They had no Longer Notice of the Time and Place That 
Your Excellency's Commissioners Appointed them to Accept 
the benefit of that Act, Than from Sunday to the Next 
Wednesday Following, On which Day the time of their 
Accepting, His Majesty's Said Pardon Expired, And in 
Which Short time We Can Understand fourteen of them 
Complyed therewith, From Whence It's Rational to Infer 
That had they had the Like Notice for One half the time 
Intended [by] Your Excellency in the Said Act, A Much 
Larger Number, If Not All of them Might have Submitted 
Themselves To their Duty ; And As We Are A New Choice 
of the People From thence, Your Excellency May in Some 
Measure Be Able to Judge How far They have Approved of 
the Conduct Of the Late Assembly, And We Are Now Well 
Satified Of Their Opinion Touching this Unhappy Affair 
Concerning the Rioters ; And We hope on Our Parts to 
Give No Just Cause To Prevent A Harmony From Subsist- 
ing Between Us, And The Gentlemen of His Majesty's 
Council, And Shall firmly Endeavour to Avoid Any Un- 
happy Feuds Or Animosities Among Our Selves. 

We Are Sorry the Unhappy Circumstances of the Colony 
Should have Given Your Excellency the trouble Of Calling 
Us At this Difficult Season, As Also the former Assemblies 
So frequently heretofore, Which has been Attended With 
Such Great Expence to y e Publick, and So Injurious to the 
Members Private Affairs ; however We Shall Endeavour to 
fall Upon Such Measures As Shall appear to Us Most Con- 
ducive to put An end to y e Disorders of this Colony, Which 
has been the Subject of Our Present Meeting. 

We assure Your Excellency, We have A Most tender 



124 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

Regard to Our Constituants, And Are Sincerely Disposed To 
Maintain His Majesty's Gracious Government Over Us, 
which By the Most Solemn tyes We are bound to Do, But 
at the Same Time We Must beg leave to Inform Your Excel- 
lency, That the Present Circumstances of the Colony Will 
Not Admit this House To Raise Money for Guarding the 
Goals, Nevertheless We hope Some Expedient Less Difficult 
And More effectual May be fallen Upon To bring these 
People to their Obedience ; The House However Would Not 
be Understood to Discourage the Officers from putting the 
Laws Now in being, In Execution, Against both them And 
the Counterfeiters Of Money, Whose Evil Practices are Pro- 
ductive of Many Very Pernicious Effects. 

We Shall Consider Whether Any Further Laws May be 
Needful to Curb those Disorderly People; And if Upon 
Due Consideration We find them Necessary, We Shall then 
give All convenient Dispatch Thereto. 

If ever this Unhappy Affair of the Rioters Should be 
drove to Such Extraordinary Lengths, As to render it neces- 
sary for Your Excellency To Represent it to his Majesty, We 
hope You will Please to Do it With the Greatest Caution 
And Impartiality And With the Tenderest regard to the 
Security And Peace of His Majesty s Loyal Subjects In this 
Colony; And for Preventing As Much As Possible, The 
Innocent from Suffering With the Guilty In the Said Un- 
happy Affair (Which is Principally Owing to Private Con- 
troversies About Titles of Land) We Humbly Pray Your 
Excellency Will be Pleased to Open the Case fully to His 
Majesty, By pointing Out to him y e Principal Claimers of 
Those Lands In Dispute With their Claims, And What Posts 
they ffill In the Government, On the One Side, And also the 
Principal Promoters Of the Rioters And Disorders With their 
Claims, and What Reasons they Pretend to have for Not 
Coming to Tryal, On the The Other Side ; from Whence his 
Majesty May be enabled to Judge of the Cause that has Pro- 



1748-9] JOUKNAL OF THE PROVINCIAL COUNCIL. 125 

duced those Unhappy Effects, Which When removed Will 
Consequently restore Peace And Tranquility to the Colony. 
Those of the People Called ~1 

Quakers Who Agree to the : _ 

A j j vr i A u r SAMUEL NEVILL, Speaker. 
Above Address Make their 

Usual Exception To the Stile J 

To Which His Excellency Was Pleased to Reply, 

Gentlemen 

I Shall Consider Your Address & Send You An Answer. 

The House continued till Wednesday March 8 th 1748. 



The House Met 

Present 
The Hon bl8 James Alexander Andrew Johnston ^ 

John Rodman Peter Kemble > Esq" 
Richard Smith Thomas Leonard ) 

The Bill entituled, An Act for Naturalizing Peter 
Schmuck, Philip Marot, And Peter Bruier, Was read a 
Second time And Committed to the Gentlemen of the Coun- 
cil Or any Three of them. 

The House Continued till Thurday March 9 th 1748. 



The House Met 

Present 

The Hon rble John Reading John Coxe ^1 

James Alexander Andrew Johnston I 
John Rodman Peter Kemble f ES(I " 
Richard Smith Thomas Leonard J 

M r Smith, from the Committee to Whom the Bill Entituled, 
An Act for Naturalizing Peter Schmuck, Philip Marot And 



126 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

Peter Bruier, was referred, Reported the Same Without 
Amendment. 

Ordered, that the Said bill be read A Third time, 

Which being Done and the Question Put ? 

Resolved, that the Same do Pass ; 

Ordered, That the Speaker Do Sign the Same 

Ordered, That M r Smith Do Acquaint the House of As- 
sembly, that the Said Bill Passed this House this Day. 

M r Daniel Smith and M r Bipsham, 1 from the House Of 
Assembly Presented for the Concurrence of this House A 
Bill entituled, An Act for y e better Repairing And Amend- 
ing the Publick High ways, Roads Streets Wharf And 
Bridges Within the Town of Burlington, Which Bill Was 
Read the First time, And Ordered A Second Reading. 

The House Continued till Friday March y e 10 th 1748 

The House Met. 

Present 
The Hon ble John Reading John Coxe ~) 

James Alexander Andrew Johnston i j] SQ r8 
John Rodman Peter Kemble 

James Hude Thomas Leonard J 

The Bill Entituled, An Act for the better Repairing the 
and Amending the Publick Highways, Roads Streets, Wharf 
And Bridges Within the Town of Burlington, Was read the 
Second time And Committed to the Gentlemen of the Council 
or any three of them. 

The House Continued till Saturday Mar h 11 th 1748. 

The House Met 

Present 

The Hon ble James Alexander James Hude 

John Rodman John Coxe 

Richard Smith And w Johnston 

Rob : H. Morris Peter Kemble 

1 Bispham. 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 127 

M r Smith, from the Committee, To Whom the bill Enti- 
tuled, An Act to enable the Legislature to Settle the Quotas 
Of the Several Counties In this Colony, Reported that the 
Committee had gone through the Same, And had Made One 
Amendment, Which he was 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 its Place As follows. 

Whereas, by the Royal Instructions to His Excellency The 
Governor, He is Directed in these Words, 

Provided always, That You do Not Consent to Any Act, 
Or Acts, to Lay any Tax Upon Unprofitable Lands. 1 

It is hereby, Declared that Nothing in this Act is Meant 
Or Intended to break in Upon the Said Instruction, Or to 
Warrant the Said Assessors to put any Unprofitable Lands 
into The Said List Or Account of things To be Taxed. 

The House Continued till Tuesday March 14 th 1748 

The House Met 

Present 
The Hon ble John Reading John Coxe ^ 

John Rodman And r Johnston > Esq rs 
Richard Smith Peter Kemble J 

M r Smith from the Committee to whom the bill entituled, 
An Act for the better Repairing and Amending the Publick 
Highways, Roads, Streets, Wharf and Bridges Within the 
Town of Burlington, Was Referred, Reported the Same 
Without Amendment. 

Ordered, that the Said Bill be read the third time, 

And On the Question Put ? 

Resolved, that the Same do pass. 

Ordered, That the Speaker do Sign the Same. 

Ordered, that M r Smith do Acquaint the House of Assem- 
bly, that the Said bill pass'd this house this Day. 



1 N. J. Archives, VI., 49, 50. 



128 NEW JERSEY COLONIAL DOCUMENTS. [1 748-9' 

Ordered, That the Amendment to the Bill Entituled, An 
Act to Enable the Legislature to Settle the Quotas & c Be read 
A Second time. 

And the Amendment being read A Second time, It was 
Agreed to by the House, And Ordered to be Engrossed 

The bill Entituled, An Act to enable the Legislature to 
Settle the Quotas of the several Counties of this Colony With 
the Engrossed Amendment, Being read the third time. 

And the Question Being Put ? 

Kesolved, That the Said bill as Amended do Pass ; 

Ordered, That the Speaker Do Sign the Same : 

Ordered, That M r Smith Do Carry the Said bill with the 
Amendment Made thereto to the House Of Assembly. And 
Desire the Concurrence of that House To To the Said 
Amendment. 

The House Continued till Wednesday March 15 th 1748. 

The House Met 

Present 
The Hon ble John Reading John Coxe ^ 

James Alexander And w Johnston !-.-, 
John Eodman & f EsqrS 

Richard Smith Peter Kemble j 

M r Smith, reported that he had Obeyed the Order of 
Yesterday. 

A Messuage from the House of Assembly By M r Law- 
rence And M r Hancock. 

Ordered, That M r Lawrence and M r Hancock do Carry 
the bill Entitled, An Act to Enable the Legislature To Settle 
the Quotas, & To the Council, Together with the Amend- 
ment Made thereto by that House, And Acquaint Them that 
This House Have Rejected the same N. C. D. and Adheres 
to The Bill. By Order of the House 

SAM 1 SMITH Clk. 

The House continued till Three O'clock P. M 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 129 

The House Met 
Present as above 

This House Taking into Consideration the Message From 
the House of Assembly, Delivered this Morning by M r 
Lawrence And M r Hancock In relation to the Amendment 
Made To the Quota bill In these Words 

Whereas, By the Royal Instructions to His Excellency 
The Governor He is directed in these Words 

Provided always, That You do Not Consent To Any Act 
Or Acts to Lay Any Tax Upon Unprofitable Lands 

It is hereby Declared, that. Nothing In this Act Is Meant 
Or intended to break in Upon the Said Instruction Or To- 
Warrant the Assessors to Put Any Unprofitable Lands Into 
the Said List Or Account Of things to be Taxed. 

And this House Conceiving themselves in Duty bound 
Not to Deviate from, Or Pass Any Law Contradictory To 
His Majesty's Instructions, Are Unanimously of Opinion 
That they Cannot Consistent With the Said Instruction Pass 
the Said Bill Without Amendment. 

Wherefore, The House doth Unanimously Resolve To 
adhere to the Said Amendment, And do Order That M* 
Smith Do Acquaint the House of Assembly therewith, And 
Request A Conference On the Subject Matter Of the Said 
Amendment, And Acquaint the House of Assembly That 
this House Have Appointed M r Alexander, M r Morris and 
M r Kemble, A Committee to Conferr With Such Committee 
As the House of Assembly Shall Appoint On the Said Sub- 
ject Matter. And that The Said Committees Do Meet At 
the House of John Trapnell In this City to Morrow At 
Five O'Clock In The Afternoon. 

The House Continued till Thursday March 16 th 1748. 



130 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

The House Met 

Present 

'The Hon ble John Reading Rob* H. Morris ^ 
James Alexander James Hude ' 

John Rodman Andrew Johnston ! sc * 
Richard Smith Peter Kemble J 

M r Smith reported that he had Obeyed the Order Of 
Yesterday. 

A Petition to this House From a Number of Persons 
Stiling themselves A Number Of His Majesty's Loyal Sub- 
jects, Inhabiting the Northern parts of this Province was 
Delivered By two persons ; which Petition was read. 

Ordered, that the persons who delivered the Same Do 
Attend this House Immediately. 

The Persons who Delivered the Said petition Attending 
the Following Queries Were put to them, To which they 
gave the Following Answer. 

1 st What Are Your Names? Answer. John Condit, 
Nathaniel Camp. 

2 d Did You deliver this petition? Shewing it. Answer 
Yes. 

3 d Did You See Any of the Signers Write their Names 
Upon these papers ? Answer Yes. 

4 th Were those Names Subscribed to this petition Or to 
Another ? Answer, Some to this Some to another With the 
Same words which They Deliver A Copy. 

5 th Was the petition wrote Before or after the Names Upon 
the papers Annexed thereto ? Answer, Before. 

6 th Did the Subscribers know this to be the Tenour of the 
Petition to which they Subscribed? Answer, It was read to 
Many and They Believe to All. 

7* h Do You Know the Reason, Why so Great part of 
the Sheet Of Paper, Whereon the Petition is Wrote remains 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 131 

blank without One Name Wrote Thereon? Answer, this 
was kept from being Carried About that it Might Not be 
Sullied but Copies From It Were Carried About. 

8 th Do either of You know Why Some Names are Wrote 
On Small Pieces of Paper And fastned to the Other Papers, 
And What Are those Reasons? Answer, They Say that 
Some Copies Of this Petition Were Carried About and the 
Persons Signed in three Columns And they were Cut Of And 
Annexed 

9 th Why Are Many of the Names Annexed to the Petition 
In One and the Same Hand writing ? Answer, They Believe 
that Many of the Persons Could Not Write, and Might Get 
Other Persons to Write for them And that Some of the Per- 
sons Order their Names to be Put Down By Others Who 
were Signing. 

10 th In Whose hand Writing is this Petition ? Answer, 
They Believe it is M r Smith's A Minister in the Mountains. 1 

His Excellency Came into Council, and By the Secretary 
having Commanded the Attendance Of the House of As- 
sembly, And They Attending He Delivered his Answer to 
their Address In the Following Words 

Gentlemen of the General Assembly. 

What You Delivered to Me a few days ago, in Answer (On 
Your Part) to My Speech, Made to his Majesty's Council, 
And to You, At the Opening of this Session, being Lengthy, 
And On Various heads has Made it Necessary for Me to 
Consider it, in the best Manner I Could And in My Reply 
I am sorry to Say You have Not Confined Your Selves to 
the Subject Matter of my Speech ; wherein I told you, the 
reason of my Calling you together at this time was upon the 
Distrest State of the Province with respect to the Rioters and 
their breaking the Kings Goals. But as you have gone into 
other Matters it may be proper for me to set you right in 

1 The Rev. Caleb Smith, pastor of the " West Society of Newark at the Mountains," 
Jiow the First Presbyterian Church, Orange, N. J. 



132 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

such things wherein I imagine you to be mistaken ; But I 
would first of all say to you once more what I think needful 
on the special business of this Session; which is, to make 
ample Provision for the Security of the Kings Jails, and to 
bring forward such ffurther Laws as may Effectually Sup- 
press the Present Spirit of Sedition, and of Vile Combina- 
tions to Overthrow the Kings rightful Government over this 
Province. And this Spirit, began many years before my 
Arrival among you, and by the Neglect of fformer assemblies, 
is got to the Desperate height which all true Lovers of Peace 
and good Order behold with abhorrence To tell me Gentle- 
men, that " the present Circumstances of the Colony will not 
" admit this House to raise Money for Guarding the Goals" 
If I Can Guess at your meaning, it must be that the people 
are not able to bear the Charge; but sure, this is to say 
nothing at all, for when this Province was hardly a fourth Part 
so big as it is now, I think you will find on Enquiry, they gave 
for Support of one Part of the Government only, near three 
thousand pounds a year of the present Currency unless the 
Goals Can be Secured for the just Conefinements of all Trans- 
gressors of the Law, there must be an end to all Law &. 
Justice in this province Again, if the Circumstances of the 
province will not admit the raising of Money to guard 
the Jails but that Villians may Commit Theft, Murder, 
and Treason and make this Colony a stage of all sorts of 
wickedness and at the [same] time enjoy their Perfect freedom 
and Liberty, I believe you will think with me that it is high 
time to implore His Majesty's protection of those that are his 
Loyal and Dutiful Subjects, and to prevent the Total Defec- 
tion of Numbers of others, who seem at Present to be with- 
drawing their Duty from His Most Sacred Majesty If you 
would argue from the Choice made of this assembly, that the 
people in General approve the Conduct of the late assembly, 
who whould not go into Measures for thoroughly extirpating 
the Spirit of Rioting. I am afraid this will be thought 
Branding Yourselves and Your Constituents as abettors of 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 133 

the Kioters, and really Gentlemen, if nothing be Done by 
You at this time for reducing these People to their Obedience 
to the Kings Government, will not the House of assembly, 
be too Justly thought Accessories with the Rioters? For 
our Saviour told His Disciples, " he that is not against us is 
on our part." Let me then Gentlemen expostulate with 
You, as You Value the Peace and Good Order and the real 
welfare of Your Country, to do what is much in Your Power 
for saving this People from still Greater Difficulties. If 
You should neglect Your Duty at this Critical Juncture, 
But if you will not let me Prevail with you, you and this 
People I fear will too late repent your bringing me under a 
Necessity of doing my Duty, by representing to His Majesty 
without Delay, the present Deplorable State of this His 
Province of Nova Csesarea, or New Jersey and I believe 
you will readily agree with me, that the King will then in 
His Royal Wisdom take such steps as shall Effectually pre- 
vent a wild herd of Rioters from Severing This People and 
Government from their allegiance and Duty to the Imperial 
Crown of Great Britain. For such must be the Consequence 
of their Present machinations and proceedings History will 
tell you what were the terrible Effects of such Insurrections 
in a Neighboring Colony and as I Dare no longer refrain 
laying this Matter before the King you may Depend I shall 
Do it, by stating Matters of fact, and them sufficiently 
Vouched and Supported by your own Journals as well as 
other good Evidence and where the heavy Load of Charge 
and Tax in Order to Cut off the head of this Hydra may 
fall, I am not able to Say, but in such Cases the innocent 
often Suffer with the Guilty Gentlemen, at my Arrival in 
this Province, I found the General Assembly under an ad- 
journment to 20, August 17^7 when I met them, and in a 
few Days at their own Desire, I adjourned them on to such 
time as best Suited their own Convenience for Coming 
together, and then they Sat their own time and till they 
Desir'd to rise, and when your Act for Support of Govern- 



134 NEW JERSEY COLONIAL DOCUMENTS. [1748-9* 

ment expired, I was then Obliged to Call them again, and 
then I Did not Oblige them to Come together till it best 
accomodated their private affairs and your Coming together 
at this time is occasioned from the present Distracted State of 
this unhappy Province and having said these things I Can- 
not but Observe to you, that I am surprized at these words in 
your address "As also the former assemblies so frequently 
" heretofore which has been attended with such great Expence 
"to the Publick, and So Injurious to the Members private 
" affairs" I say Gentlemen, to Couch such Expressions in 
an address to me with meaning to apply them to me is inde- 
cent and a gross misrepresentation, because you well know I 
treated the late Assembly (the Only one except this, that I 
have had to do with) with reason Temper and kindness, not 
only in Passing all their acts, but also in writing to the Kings 
Ministers, that they might Obtain the Royal approbation. 

What you mention of the Disputes about the Claims and 
Titles of Lands, is what the Kings Governor has nothing to 
do with, the Law must have its Course. Yet if you Gentle- 
men of the assembly are inclined to favour these Obstinate 
People by raising a large Sum of money (for such perhaps 
it will require) to ffee Council learned in the Law, and to 
take out the Voluminous Copies of Law Suits, on this ac- 
count, and to Transmitt them to Great Britain, I don't know 
that I shall have any thing against it. 

Gentlemen as I said to the late Assembly so I now do 
to you, that I have not a claim to an Acre of Land in this 
Province, nor have any private or Sinister ends to Pursue 
among you ; but am determined according to my best under- 
standing to the utmost of my power, to do my Duty to the 
King in the Support of His just Honour and authority, in 
Seeking the Welfare and happiness of His good People of 
this Province Committed to my care. 

Burlington \ J. BELCHER. 

March 16 th 1748/9 / 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 135 

A Message from the House of Assembly by M r Spicer and 
M r Fisher. 

Ordered, that M r Spicer and M r Fisher, do wait on the 
Council and acquaint them, that this House Having Delib- 
erately Considered their message of this Day, are of Opinion, 
that notwithstanding the Motives this House acted upon in 
refusing their Amendment to the bill to Enable the Legisla- 
ture to settle the Quotas, are in themselves just and reason- 
able, yet as the Council seem to look upon them in another 
light we esteem it necessary to Declare, that the Bill as Passed 
by this House, is not only Conformable to former Laws of 
this Province, but in the part proposed to be amended is fully 
and Clearly expressed and that the Royal Instruction as re- 
lated in the Councils Message do not (as we Conceive) at all 
Clash or interfere, with the words used by this House in the 
said Bill, which words amongst other things in Declaring 
what may hereafter be made Taxable are as follow. " The 
"whole of all profitable Tracts of Land, held by Patent 
" Deed or Survey whereon any improvement is made." as 
the natural and obvious import of these words as they stand 
in the bill is only to Enable the Legislature hereafter, to 
know the Quantity of profitable Tracts of Land whereon 
improvement is made. And as the Royal Instruction forbids 
the Governor to give His Consent to Tax unprofitable Lands, 
that is, As the taxing Profitable Lands only, and the not 
taxing unprofitable Lands seems in no respect inconsistent 
with each other. We are at a loss to Account for the Different 
Sentiments upon this Matter, or why the Council should, 
"unanimously be of Opinion that they Cannot Consistent 
" with the said Instruction, Pass the said bill without their 
" Amendment," Especially as there appears such a Necessity 
of the said Bill at this time to Support Government and 
Discharge the Debts of this Province, and which is the third 
of the kind Passed by this and the Last Assembly, within 
fifteen months Past and besides that Experience Proves it 
to be Clear from any ill Consequences. The allowing the 



136 NEW JEKSEY COLONIAL DOCUMENTS. [1748-9 

Governor to have been the proper judge of his own instruc- 
tions in this Matter Could have been of no great Disadvantage, 
as the alteration Proposed Differs but little, as to the matter 
of Substance at least in the Opinion of this House; who 
notwithstanding Cannot but Set too Just a Value upon the 
natural rights & priviledges Invested on the Representative 
Body of this Province, than to Consent to any alteration in 
a bill which so nearly affects the Priviledges of the People 
we represent ; in which we hope to be excused by the Gentle- 
men of the Council, however fond they may be of making 
the thing in Dispute of as much Consequence as actually laying 
a Tax. This House however upon the whole do unanimously 
refuse to Conferr upon a Subject that is really laying a found- 
ation for it. 

By Order of the House 
March 16 th 1748. SAMUEL SMITH Clk. 

The House Continued till Friday March 17 th 1748. 

The House Met 

Present 

The Hon ble John Reading Rob* H. Morris "] 

James Alexander James Hude 
John Rodman And w Johnston 

Richard Smith Peter Kemble } 

The House Continued till Saturday March 18 th 1748. 

The House Met 

Present 

The Hon ble John Reading James Hude ~) 

Ja 8 Alexander Jn Coxe 

Jn Rodman And Johnston \ Esq rs 

Rich d Smith Peter Kemble I 

Rob* H. Morris Tho 8 Leonard j 

The House Continued till Monday March 20 th 1748. 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 137 



The House Met 

Present 

James Alexander James Hude *) 

Richard Smith And. Johnston > Esq 1 

Rob* H. Morris Tho 8 Leonard J 

'The House Continued till Tuesday y e 21 st 1748 



The House Met Present as above 
The House Continued till Wednesday y e 22 d 1748 

The House Met 

A Message from the House of Assembly by M r Wetherill 
and M r Emley. 

Application having been made yesterday by this House to 
His Excellency, Praying, that he would be pleased to extend 
His Majesty's Gracious Pardon to the late Rioters, to which 
His Excellency was pleased to reply, he would do all in His 
power to restore the Peace of the Colony, in Joining with 
the other branches of the Legislature in such measures as 
they thought proper for that Purpose, therefore, Ordered that 
M r Wetherill & M r Emley do wait on the Council, and 
acquaint them, that this House has appointed M r Lawrence, 
M r Spicer, & M r Learning, M r Cooke, M r Fisher & M r Eatton 
to be a Committee to join a Committee of the Council, in 
a Free Conference upon the Subject matter above mentioned, 
at such time & Place as that House shall appoint. 
By Order of the House 

March 22 d 1748 SAM 1 SMITH, Clk. 

It is Ordered, that M r Leonard do Acquaint the House of 
Assembly, that this House requests a Copy of the application 



138 NEW JERSEY COLONIAL DOCUMENTS. [1748-9' 

made yesterday by that House to His Excellency, and Hi& 
Excellency's answer thereto, mentioned in their said Message. 

CHA BEAD. 

M r Leonard reported, that he had Obeyed the above Order. 
The Clerk of Assembly brought a Copy of the Application 
made to His Excellency the Governor. 

Ordered that M r Lawrence, M r Crane, M r Camp, M r 
Fisher, M r Spicer and M r Wetherill, do wait on His Ex- 
cellency & acquaint him, that during the Deliberations of 
this House it has been represented to us by a Petition from 
about One hundred and seventy Inhabiting Chiefly the 
Northern Parts of this Colony, That some of them have 
been left " unadvisedly to Commit Disorderly Riots, in De- 
" fence of what they supposed their just rights, and are now 
" Convinced that such Practices are illegal and wrong & by no 
" means to be Persisted in " for which reason they humbly 
pray the House would Petition Your Excellency " for an Act 
u of Grace on the mildest terms," Declaring at the same time 
that " it is the utmost they Desire that the Titles of the Lands 
" in Dispute may be Decided by a fair Tryal, before Disin- 
terested Judges" since which We understand, that Two 
Persons in their behalf have made a Proposal to two Gentle- 
men of the Opposite side for coming to Tryal, which we hope 
will be accepted : Under 'these Considerations and because a 
Considerable Number of those Deluded People (by what 
means we know not) had not the time intended them by the 
late Act of Pardon for accepting the benefit thereof; and Con- 
ceiving that should their Desires be Granted it wou'd greatly 
Contribute to restoring the Peace of the Colony. This House 
doth become Petitioners to Your Excellency, that Your Excel- 
lency would be pleased once more to extend His Majesty's 
Gracious Pardon, especially to those who were Guilty of the 
Late Disorders before the said Pardon was extended, & have 
behaved themselves Peacibly since, upon the Terms they 
Humbly Propose in the above said Petition. 



1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 139 

M r Lawrence reported, that the Gentlemen & himself 
appointed to wait on His Excellency with the Message of 
this House of this Morning had waited on His Excellency 
accordingly, who was pleased to say, That he would do all in 
his power to restore the Peace of the Colony in joining with 
the other branches of the Legislature, in such Measures as 
they shall think proper for that purpose. 

A True Copy from the Minutes of assembly of Yesterday 
for the Council. 

By Order of the House 

SAM 1 SMITH Clk. 

The House Continued till Thursday March 23 rd 1748. 



The House Met. 

Present 
The Hon ble James Alexander James Hude 1 

John Rodman And w Johnston I 

Richard Smith Thorn 8 Leonard j ^ 
Rob* H. Morris J 

The House taking into their Consideration the Message of 
yesterday from the House of assembly, by M r Wetherill and 
M r Emley, are of Opinion, that by the Constitution of Eng- 
land, all acts of mercy flow from the Crown, and are always 
Granted upon his Majesty's Special Grace and mere Motion, 
That His Majesty has been pleas'd to entrust the Powers of 
Pardoning in this Province so far as he intended they should 
be exercised, soley with His Excellency the Governor, who is 
the Only Judge when, & on what Terms they should be used. 
This House therefore do not Conceive it Proper to enter into 
a Conferrence upon a Matter with which they have not the 
least right to intermeddle, and which may Come before them 
in another Capacity, Should His Excellency think fit to ask 
their Advice on the head as a Council of State. As to the 
other Point in the said Message this House is willing to join 



140 NEW JERSEY COLONIAL DOCUMENTS. [1748-9 

in any effectual Measures for restoring the Peace of the 
Province, and to receive any Proposals for that purpose ; to 
which end they have appointed M r Hude, M r Coxe, and M r 
Johnston, to be a Committee, to Conferr with the Committee 
of the House of Assembly ; to meet at the House of John 
Trapnell in this City, at four O'Clock this Afternoon. 

Ordered, that M r Leonard do Carry the above message to 
the House of assembly. 

The House Continued till Friday March 24 th 1748. 



The House Met, 
Present, as yesterday 

M r Alexander laid before this House three affidavits Con- 
cerning the Rioters, taken before him, Viz 4 

A third Affidavit of John Kenny Dated the tenth of Dec 1 
1748 of some insolencies of the Rioters. 

The Affidavit of Matthew Phillipse of horse-neck, Dated 
The 20 th of Dec 1 1748, Confirming sundry things appearing 
by former Depositions of other Persons ; and Particularly, 
that he was Present when the Rioters Chose assessors and 
Collectors and saw them Chosen, That they lay and Levy 
Taxes and Oblige the Payment by threatning to burn 1 the 
refusers out of possession, that they have a Person appointed 
to warn them to Meet when any of them is arrested, in Order 
to rescue them, That in the Preceding week, One Francis 
Cook was about to warn the Rioters at Horseneck to Meet to 
show themselves in their whole Number to the Governor, 
on the 21 st of Dec 1 and gave out that the Governor had sent 
for them. 

The affidavit of Archibald Morrison of Lametunk in 
Hunterdon County, Dated the 22 d December 1748, he says 
that on the Friday before, he saw an advertisment at the Door 
of a Tavern in Pepack, which he heard read and He believed 

1 Turn. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 141 

the Tenor was, that all those that belonged to the Club in the 
Counties of Essex, Bergen and Somerset, and Society in the 
County of Hunterdon should Come to the House of Justice 
Herd at Woodbridge on the 21 3fc of December. 

The Secretary laid before this House, three affidavits men- 
tioned in the Minutes of the Assembly of the 24 th of Feb ry 
last Viz* 

The Affidavit of John Herd, Dated the 13 th of Feb* 7 last, 
of Stephen Crane the 14 th of Febry and of William Oilman 1 
taken the 15 th all before Samuel Nevill Esq r Second Justice 
of the Supreme Court, which show that upwards of twenty 
of the Rioters, amongst whom was Amos Roberts, met at the 
House of Justice Herd at Woodbridge one Day in the week 
after the end of the then last Session of Assembly and said 
they expected several Hundreds then to Meet there to go and 
show the Governor that the Mobb Party were the strongest 
or greatest part of the Province, that they Assaulted and used 
many threatnings to Justice Herd, they Dared the putting 
any of them in Perth Amboy Goal again, and threatned if 
they Did to Pull it down to the Ground, The said Roberts 
Vaunted, that he had three hundred Men at His Call at any 
time, they Damned the Township of Woodbridge, and said 
there was not a Man in it & that they would Drive the whole 
Town, That the said Amos Roberts was reverenced by the 
Company as if he had been a King. 

The House Continued till Saturday, March 25 th 1749. 



The House met. Present as yesterday with M r Coxe. 

M r Coxe from the Committee appointed by the Message of 
the Council of the 23 rd f this Instant to Conferr with the 
Committee Of assembly appointed by the Message sent the 
Day before by M r Wetherill and M r Emley do report, that 
the Committee met at the time & place in the said Message 

1 For Oilman's affidavit and purport of that of Stephen Crane, see N. J. Archives, 
VII., 231-233. 



142 NEW JERSEY COLONIAL DOCUMENTS. [1749 

mentioned, but the Committee of the House of Assembly 
having Declared that the House had given them no Instruc- 
tions to make any Proposals & therefore Conceived themselves 
not at Liberty so to do untill they had Consulted the House 
of Assembly, which they engaged they would the next Day ; 
The Committees by agreement Adjourned till three of the 
Clock the next afternoon, and having then met, the Committee 
of the Assembly made a Proposal in the following words. 

"If His Excellency the Governor should be pleased to 
" Grant another Act of Pardon to the People Guilty of the 
" Riots & Disorders in this Colony, Whether then the Council 
" will Concurr with the Assembly in Passing an Act for stay- 
" ing of all Process against the said People Concerning Titles 
" of Land and executing Writts of Possession, and also Con- 
" cerning recovering or Compelling the Payment of bills of 
"Cost for such time as shall be agreed on between both 
" Houses only excepting such Cases wherein the Claimers to 
" Lands on each side shall agree to Come to Tryall." And 
the Committee of the Assembly being asked by the Com- 
mittee of the Council, whether they had any other or further 
Proposals to make ? they answered, that as they had made 
One Proposal, they thought it was Necessary that the Com- 
mittee of the Council should also make another ; to which it 
was replied, that as all the Propositions they thought Con- 
venient and Proper for restoring the Peace and Harmony of 
the Province were Contained in His Excellency's Speech to 
both Houses at the opening of this Session & which the 
Assembly by their Address have Declined to Comply with it 
was to little use to repeat them, however the Committee of 
the Council are of Opinion, that the Substance of that Speech 
was agreeable to the Sentiments of their House, and the Com- 
mittee of the Council then pressed the Committee of Assem- 
bly to Consider of, and fall upon some other and more effectual 
Measures to Suppress the Riots and Disorders in the Province : 
Whereupon, the Committee of the Assembly insisted to know, 
whether the Council had given their Committee Power to 
-agree or Disagree to any Proposal? To which they were 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 143 

answered, that the Message sent to the Assembly by the 
Council, appointing the Committee to Conferr on this head, 
sufficiently explained & expressed their authority, and that 
they were ready to receive any Proposals the Assembly's 
Committee had to make for restoring the Peace of the Gov- 
ernment: But they still persisting in their refusal to take 
any other Steps in Order to Suppress and Put an end to the 
Riots and Confusions now subsisting in the Colony, the Con- 
ferrence was thereupon broke Off and ended. 

Which report and the Conduct of the Committee of this 
House being Considered of, are unanimously approved of. 

M r Alexander laid before this House, the following Copy 
of a Representation to His Majesty, by Order of the Gentle- 
men of the Council whose names are to to the same, and 
Acquainted this House, that one Original was Signed by them 
and sent to His Grace the Duke of Bedford, with a Copy of 
the Minutes of Council so far as Concerned the Rioters 
During the last Session at Perth Amboy, and a Printed Copy 
of the Minutes of the Assembly of the same Sessions, and 
referred His Grace to them ; and to the Minutes of Council 
and Assembly of former Sessions transmitted by His Excel- 
lency, for Proof of the Facts, and sent the like of everything 
to the Lords Commissioners for Trade and Plantations ; which 
representation is in the following words. 1 

To the Kings most Excellent Majesty 

The Humble Address and representation of several of the 
Members of His Majesty's Council for the Province of New 
Jersey. 

Most Gracious Sovereign. 

"We, the Members of your Majesty's Council for the Prov- 
ince of New Jersey, think it our Duty to lay before your 
Majesty the present state and Condition of this Province of 
New Jersey ; We do therefore humbly begg leave to repre- 
sent to your Majesty, that in the Year 1745, when your 

l This address is dated " Decemr 22d, 1748," and printed in N. J. Archives, VII., 189. 



144 NEW JERSEY COLONIAL DOCUMENTS. [1749^ 

Majesty was employed in Carrying on a Warr against France 
and Spain and quelling an Unnatural Rebellion then raging 
in Great Britain, Great Numbers of Men in this Province, 
not regarding that Duty of allegiance which is Due to your 
most Sacred Majesty, entered into Combinations to set them- 
selves up in Publick Opposition to your Majesty's authority 
and Government, and by Artful False Tales & wicked insinu- 
ations have Associated to themselves great Numbers of the 
Most Ignorant People of this Province ; in Consequence of 
these Combinations they have by their Declarations and 
Practices Denied your Majesty's right to the Soil and Govern- 
ment of your Plantations ; Avowing, that the Royal Grants 
thereof are Void & Fraudulent, and have, for three years past 
treated your Majesty's Name, authority and Government here, 
with the most Contemptuous Slights ; breaking open Goals 
Appointing Captains and officers, raising Money, Marching 
about the Province in large bodies, and Plundering the 
Estates of those that Dont join them ; and tho' Many of 
these Disturbers were long ago Indicted for High Treason, 
yet such is their Number and Strength, that it has not been 
in the Power of the Government to bring one of them to 
Tryal. 

We beg leave to assure your Majesty, that your Council 
for this Province, have done their utmost endeavours to Put 
a Stop to an Evil so Dangerous in its Consequences, and were 
in Expectation, that the Assembly of this Province would 
have heartily Joined in supporting your Majesty's authority 
against the treasonable Attempts of a sett of Rebels : But we 
are Concerned to say, that notwithstanding the Strong and 
Frequent recommendations of this Matter to them, and their 
Solemn Promises to strengthen the hands of the Government, 
they have Triffled with it for three years together, and now 
refuse to do any thing against them, which will give them so 
much encouragement, that they may soon overrun this Prov- 
ince, and spread the Rebellion into your Majesty's other 
Colonies. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL, 145 

The Suffering these traiterous Proceedings to go on so long 
with Impunity has brought this unhappy Province into such 
Circumstances that your Majesty's authority and Laws Cease 
to be a Protection to the Persons or Estates of your Faithful 
Subjects here, who are threatned with ruin and Destruction 
if they Attempt to Oppose these Daring People in the Execu- 
tion of their wicked Schemes. 

We therefore think it our indispensible Duty, & agreeable 
to the trust your Majesty has been pleased to repose in us, 
to lay these Matters before Your Majesty. A more Particu- 
lar Account of which we have transmitted to your Majesty's 
Principal Secretary Of State, and to the Lords Commission- 
ers for Trade and Plantations. 

We heartily and Sincerely wish Your Majesty a long and 
Prosperous Reign, and are, 

May it Please your Majesty, 

Your Majesty's Most Dutiful 
Subjects and Servants 

JAMES ALEXANDER 
ROB* HUNTER MORRIS 
EDWARD ANTILL 
JAMES HUDE 
ANDREW JOHNSTON 
PETER KEMBLE. 

Which representation and report being Considered, they 
are Unanimously approved of by this House. 

The House Continued till Monday March 27 th 1749 

The House Met. 

Present 

The Hon ble John Reading Rob* H. Morris ~) 

James Alexander James Hude ! 

John Rodman John Coxe 

Richard Smith Andrew Johnston J 

The House Continued till Tuesday 28 th March 1749. 

10 



146 NEW JERSEY COLONIAL DOCUMENTS. [1749 

The House met 

Present 

'The Hon ble John Reading James Hude "| 

James Alexander John Coxe 

John Rodman And* Johnston J> Esq r * 

Richard Smith Peter Kemble 

Rob* Hunter Morris Thorn 8 Leonard J 

A Draft of a Letter to His Grace the Duke of Bedford 
one of His Majestys Principal Secretaries of State, Concern- 
ing the Rioters, being laid before this House was read, 
Considered and Approved of, in the Following words, 

May it Please Your Grace, 1 

Six of the Members of His Majestys Council in December 
last Transmitted to your Grace a representation to His 
Majesty of the Deplorable State of this His Province of New 
Jersey ; since which, that representation has been approved 
of by all the rest of His Majesty's Council ; as your Grace 
will Observe by their Minutes of the Twenty fifth Instant. 

We, the Members of His Majesty's Council do now beg 
leave to Acquaint Your Grace, That since that time His 
Excellency the Governor Disolved the late Assembly, and 
Called a New One to Meet in February last ; and then recom- 
mended to them, in very earnest Terms, the Miserable Con- 
dition of this Province, occasioned by a Number of Riots & 
Insurrections; and Pressed them to make Provision for 
Guarding His Majesty's Goals : and that otherwise he should 
be under a Necessity of Laying the Matter of laying the 
Matter before His Majesty : But neither that recommenda- 
tion, nor a Speech afterwards from His Excellency, in still 
more Strong and Cogent Terms, had any Effect with the 
Assembly to make such provision or to do any thing against 
the Rioters, but on the Contrary, they Did many things in 
their favour; and tending to assume upon themselves the 

. J. Archives, VII., 236. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 147 

powers of Government within this Colony and to render His 
Majestys Commands of no Force, as will be Evidenced by 
the Minutes of the Council and Assembly of this Session, 
which we Doubt Not will be Transmitted by His Excellency 
to your Grace 

Wherefore, we and others His Majestys Loyal Subjects 
Continue to have no hope of relief for past Injuries, or of 
Safety of our Lives or Property's for the Future against the 
wicked Combinations and Growing Strength of the Rioters 
and Traitors, but from His Majesty's Speedy and effectual 
Interposition for restoring and Preserving His Government 
and Laws. 

We Doubt not His Excellency will lay this unhappy Affair 
before your Grace, but Still, we Cannot think it Consistent 
with our Duty to Omitt the Doing of it, 

We are May it please your Grace: Your Graces Most 
Obedient & Most Humble Servants 

PETER KEMBLE ROB* H. MORRIS 
THO: LEONARD JN READING 
JN COXE JA: ALEXANDER 

AND W JOHNSTON JOHN RODMAN 
JA HUDE 
Burlington \ 

March 28 th 1749 f 

May it Please your Lordships 

We beg leave to Enclose to your Lordships a Copy of a 
letter, which we now Transmit to His Grace the Duke of 
Bedford, and are, 1 

Resolved, that two fair Copies thereof be made and Signed 
by the Members of this House, to be Transmitted to His 
Grace the Duke of Bedford by Different Opportunities. 

Resolved, that Two more fair Copies be made and Signed 
by the members of this House, to be Enclosed and Trans- 
mitted to the Lords of Trade. 

1 Here, doubtless, follow in the original the names of the signers, as affixed to the 
foregoing letter. 



148 NEW JERSEY COLONIAL DOCUMENTS. [174& 

His Excellency Came into Council & having by the Secre- 
tary Commanded the Attendance of the House of Assembly, 
He was Pleased to give His assent to the following Acts. 

1 st An Act to ascertain the Line and bounds, between the 
Counties of Somerset & Morris 

2 d An Act to further Continue An Act, Entituled, An Act 
for better settling and regulating the Militia of this Colony 
of New Jersey ; for the repelling Invasions and Suppressing 
Insurrections and Rebellions. 

3 d An Act for the better Repairing and Amending the 
Publick Highways, Roads Streets, wharf, and Bridges within 
the Town of Burlington. 

4 th An Act for Naturalizing Peter Schmuck Philip Marot 
and Peter Bruier. 

And then His Excellency was pleased to Adjourn the Gen- 
eral Assembly of this Province to meet at on thursday 
the eighteenth Day of March next. 1 



At a Council held at Perth Amboy October y e 5 th 1749. 2 

Present 
His Excellency the Governor 

James Alexander Andrew Johnston ^ 
Rob* H: Morris Peter Kemble VEsq 
James Hude Richard Salter J 

This Board having considered the Draft of the Message 
which His Excellency intended to send to the House of 
Assembly Communicated by His Excellency to this House 
Yesterday, the same was approved of in the following Words. 

1 The next session of the General Assembly began September 28th, 1749. 
3 A meeting of the Council as an advisory body, while the General Assembly was 
in session, as hereafter appears. 






1749] JOURNAL OP GOVERNOR AND COUNCIL. 149 

Gentlemen of the General Assembly. 

In April last I had the Honour of a Letter from the Right 
Honourable the Lords Commissioners for trade and Planta- 
tions in which is a Paragraph respecting an Arrearage of the 
Salary due from this Province to the Late Governor Morris 
at the time of his Death j 1 and on which Account his Execu- 
tors have Petitioned their Lordships and Copies of Said 
Paragraph and Petition I send you with this by M r Secretary 
As this is a Debt justly due to the Heirs of the late 
Governor it is certainly a Great hardship they should be so 
unreasonably kept out of it. I therefore hope after a proper 
Consideration of what I have laid before you, you will make 
effectual Provission for the Speedy Payment of it the doing 
whereof you may depend will Greatly recommend you to His 
Majesty's Grace and Favour which must be of the Greatest 
Service and advantage to this Province on all Occasions, And 
I recommend this affair to your most Serious Consideration 
as it is a Matter in which his Majesty's Government is essen- 
tially Concerned. 

J: BELCHER 

Perth Amboy Oct r 5 th 1749 

After which His Excellency desired the Opinion of the 
Board whether they thought anything more was in his power 
to do at this time in Order to obtain the End proposed by 
the above Message. 

The Board were Unanimously of Opinion that the Sending 
the above Message to the House of Assembly is all that is at 
present Necessary for His Excellency to do 

In answer to which the Assembly Sent the following 
Message, 2 

Ordered, 

That M r Learning, and M r Fisher do wait on His Excel- 
lency and Acquaint him, in Answer to his Message of the 

*See N. J. Archives, VII., 174. 
"Printed in N. J. Archives, VII., 336. 



150 NEW JEESEY COLONIAL DOCUMENTS. [1749 

fifth Instant, that the house were in hopes all difference 
between the late Governour Morris, and the Assemblies of New 
Jersey, might have been buried in perpetual Oblivion with 
the Death of that Gentleman, because his Memory must be 
precious to his Family, to whom they are unwilling to give 
Any uneasiness ; and nothing short of the Publick Welfare 
could have Induced them to rake into the Ashes of the dead ; 
but as they are obliged in duty to their Constituents and in 
discharge of the Trust reposed in them to dissent from what 
his Excellency has recommended in his Said Message, do 
therefore think it incumbent on them to remark on Some part 
of the Said Late Governor's Conduct, from whence they Con- 
ceive such dissent both Just and Reasonable. 

The house avoiding to mention many things, that might be 
urged against the said late Governors Conduct, have Contented 
themselves with only remarking to Your Excellency, that 
soon after the said late Governors Accession to the Govern- 
ment, he issued Writts for the Choice of a New Assembly, 
who in their first Session not only gave him a Salary of 
1,000 per annum for three Years, and 60 Yearly for 
Hiring a house during the said Term, but also a Present of 
500, and altho' this Provision was much more than any of 
the Neighbouring Governments paid, in Proportion to their 
Abilities for Support of their Governors, and double the 
Sum that had been usually given to his Predecessors in this 
Colony, Yet at the Conclusion of that Session he made them 
a Speech and very unthankfully told them, he only took that 
as an earnest of what he expected and Disolved them. And 
to Compleat his unreasonable resentment against them, did, 
in direct Contradiction of a Law which himself had Signed 
that very day, forbid the Treasurers to pay them their Wages, 
altho' Justly Due, and for which they had obtained Certifi- 
cates according to the Said Law. 

That notwithstanding the Treatment the first Assembly 
met with, was hard and Severe, yet the Succeeding Assemblies 
did not retaliate it in it's kind, but on the Contrary, in Order 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 151 

to demonstrate their duty and firm Attachment to the best of 
Kings, and to Cultivate (if possible) a good agreement, with 
him the said Governor, continued the said Salary and house- 
rent from time to time until September 1744. 

That notwithstanding the Assembly's Endeavours for the 
good agreement above mentioned, in the year 1740 During 
a long Session of above three Months in the busiest Season 
of the Year, the two houses having passed a Number of 
Necessary Bills, Some whereof were very long ; and in Order 
to further Cultivate the said good agreement, the General 
Assembly sent Copies thereof to him for his perusal; but 
altho' he was not so kind as to point out any of their Defects 
to the house yet he obliged The Assembly to Continue together 
until they were all ReEngrossed with broad Margins, &c, in 
Order (as he said) for affixing the Great Seal thereunto, yet 
after all this unnecessary Trouble & Expence and application 
of that Assembly to him, to put an end to that Session, he 
Ordered them to Adjourn themselves for a fortnight to no 
Purpose, and at their return, refused his Assent to many of 
the said Bills, So Re-Engrossed, which serves to Demonstrate 
the Disposition he had to Perplex the Affairs of the Colony 

That in the Year 1742 after the Council and Assembly had 
Spent Six Weeks in preparing and passing eight good and 
Necessary Bills, he Signed the Bill for Support of Gov- 
ernment, and laid all the rest aside ; and with a long Speech 
filled with Invectives and Charges against the Assembly 
Disolved them, and all this without any reason for Such 
Treatment. 

That in 1743 Committees of both houses were appointed 
who met in a Free Conferrence of which the Chief Justice and 
Second Judge of the Supreme Court were apart, and Settled 
and agreed upon a Bill for Establishing a Table of Fees, 
which afterwards passed both Houses, and to which His 
Excellency with all Seeming Freedom gave his Assent, yet to 
the great Surprize of the good People of this Colony, he soon 
after wrote home to the Lords Commissioners for Trade and 



152 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Plantations, acquainting them, that the Fees as Established 
by that Bill, were so inconsiderable that no Persons of Char- 
acter or Reputation would Care to Accept of Imployments in 
the Colony ; The Consequence whereof proved to be a Repeal 
of the said Bill, so that through his Means the Colony has 
remained to this day, without any Law for Taxing of Bills 
of Cost to the Grievous oppression of Great numbers of Poor 
People in this Colony. 

That in the Year 1744, the Justices of the County of 
Hunterdon did proceed contrary to a known Law of this 
Province to Chuse a Commissioner of the Loan Office for the 
Said County, in the room of Joseph Peace Esq r Deceased, 
which Illegal Proceedings being Complained of to the Gen- 
eral Assembly, they took the Same into their Consideration, 
and thereupon Addressed the Said late Governor for the 
removal of those Justices for their Male Administration, or 
to Order such other Prosecutions against them as he in his 
Wisdom should See Meet, so that it might Effectually Deter 
others from acting so apparently Contrary to the Express 
letter of the Law: But altho' the Conduct of the said 
Justices was not only Repugnant to a Law which had been 
Confirmed by his Majesty, but it also had a Direct Tendency 
to lessen the Credit of the Paper Money, then passing Cur- 
rent in this Colony, yet notwithstanding, the said Governor 
was So far from regarding this or the Assembly's Address, 
that he became an Advocate for the said Justices Illegal pro- 
ceedings, Seeming to be displeased with the Assembly for 
complaining of them, and in Gratification of his displeasure 
Continued the Justices and disolved the Assemby, and Some 
time after Called another, being the third he had met within 
less than ten Months, as appears by their Journals 

Thus did his Excellency exercise the Royal powers with 
him Intrusted to the great detriment of the Colony, by his 
frequent Calling, Proroguing and disolving the Assemblies 
and often Keeping them together Sitting for a long time to 
no manner of Purpose. Thus was the Powers of Govern- 



1749] JOURNAL OF GOVERNOR AND COUNCIL. 153 

ment abused, and that of the people being represented in 
General Assembly, which was designed by our Most Gracious 
Sovereign to be the Means of Compleating the happiness of 
his Subjects in this Colony, and really is one of the Greatest 
temporal Blessings that a Free People can enjoy on earth, 
was by the misuse of it become a very great Grievance. 

That after his Excellency had detained the Assembly 
together at Amboy in the Year 1745 near two Months, 
altho' he himself was very often a great distance from them 
Sometimes at Trenton and Sometimes at or near Brunswick, 
by which all Communication between him & them was So 
much Cut off that it was rendered almost Impracticable, 
except at times when he thought proper to come to Amboy 
and Prorogue them for a few days, or otherwise Chastise 
them, and after all the reasonable Proposals that the Assembly 
could think of, were made, this Session finished without hav- 
ing it's desired Effect. 

That frequent and long Sittings, and no business of any 
Consequence being done, were then become so very Com- 
mon and the Debts of the Colony thereby so highly 
Increased, that the Assembly easily foresaw the Necessities 
the Colony would Soon be reduced to without great Care. 

And his Majesty being at that time engaged in War, with 
France and Spain, and this Colony having Cheerfully given 
Several thousand pounds in tne West India and Cape Breton 
Expeditions, and [having] reason to believe they should 
Soon be called upon by his Majesty for further Assistance 
against his Enemies, & much talk of the French Sending a 
large Fleet to revenge upon these Colonies, the Indignity 
their Arms had Suffered in the loss of Cape Breton, and 
this being a defenceless Government, without any manner of 
Fortification and liable to be Attacked for near 300 Miles 
the Assembly would have been greatly wanting in their 
Duty to his Majesty, and his faithful Subjects in this Colony, 
if they had not endeavoured to keep the State of the Treas- 
ury in as good a Condition as Possible. 



154 NEW JEKSEY COLONIAL DOCUMENTS. [1749 

And time has Sufficiently Verified that these imaginations 
were but too well Grounded : For altho' kind Providence 
did not Permit the Fleet of our Aspiring Enemies to Attack 
us, yet this Colony were Called upon by his Majesty to Assist 
in the late intended Expedition against Canada, in which 
Expedition they have Actually expended above 20,000 
Including what was lent the Crown for Arming and Cloathing 
the Forces Sent from hence. 

These reasons and many more being Sufficiently weighed, 
the Assembly Proposed to the Governor, in the Year 1746, 
that they would willingly Support the Government, by giving 
his Excellency 1,000 for two Years immediately out of the 
Treasury, and also 1,000 out of the first Interest Money 
which should Arise by the New bills for making 40,000 
Provided he would Sign the few Bills which were then 
Passed by both houses, ready for his Assent, as appears by 
their Message of May 7, 1746, and he at that time, was So- 
far from having any objections to the Said Bills, that he 
returned the following Answer 

" So now it Plainly appears, that when they might have 
all the Acts they pretended to desire, and were Seemingly so 
fond of, and the forty thousand pound bill Passed with a 
Suspending Clause, they refuse to have them upon the Terms 
they have hitherto asked them. I will (as I have Assured 
them) Pass the Bills they Seem so fond of, on Condition they 
Join in Supporting the Government in as large and Ample a 
Manner as usual, and not otherwise. By this their Constitu- 
ents may See, that they might have had the Forty thousand 
Pound they desired, if his Majesty would be pleased to ap- 
prove of it." 

By which your Excellency may observe the Mistake of 
that Representation to the board of Trade, of the Salary's 
being withheld meerly on Account of his Adherence to his 
Duty, & obedience to the Directions of that Board, and 
Plainly See, That it was not any Objection he had to the 
40,000 bill, that Actually being offered with a Suspending. 



1749] JOURNAL OF GOVERNOR* AND COUNCIL. 155- 

Clause, as all others of the kind offered by the Assembly of 
New Jersey to him had been, & which he said they might 
have had on the Terms there proposed. 

From whence your Excellency will Observe that he refused 
to do the Duties of Government, except the Assembly would 
give him Such a Salary as he asked, and in his own Mode 
and way, which without resigning their Liberties they Could 
not do. 

That from the foregoing remarks, with his refusing to do 
the Duties of Government, the house Conceive their Dissent 
from what his Excellency has recommended with respect to 
the said late Governor Morris will appear both Just and 
reasonable ; but to put the Matter beyond Dispute, they beg 
leave further to Remark, that altho' Governor Morris in his 
life time did, and his Executors now do insist upon the Pay- 
ment of what some are pleased to Term Arrears; Yet the 
house have his own opinion in a Similar Case to Justify their 
not allowing them. For during the time that Lord Corn- 
bury was Governor of this Colony, many Irregularities 
having Crept into the Administration and the said Governor 
Morris being at that time one of the most leading Men in 
the house of Assembly, they thought Proper to withold the 
said Lords Salary, for the two last Years of his being Gov- 
ernor ; and notwithstanding great Endeavours were used to 
obtain it, yet the house do not find, that either he or his 
Executors were ever allowed one Farthing. 

That the house hopes his Excellency will be Sufficiently 
Satisfied that nothing Can be reasonably demanded, on 
Account of the said late Governor Morris's Pretended 
Arrears, it being a Subject So universally disliked in this 
Colony, that there is none, except those who are immediately 
Concerned in point of Interest, or particularly Influenced by 
those who are, will Say one word in its Favour 

That it is altogether unlikely any Assembly in this Colony 
will ever look upon that to be a Just Debt, or apply any 
Money for the discharge thereof and that they Cannot con- 



156 NEW JERSEY 'COLONIAL DOCUMENTS. [1749 

ceive the further recommendation of it will be of any Ad- 
vantage to the Said Executors, 

THO" BAKTOW Clk 



At a Council held at Perth Amboy October 18 th 1749. 

Present 
His Excellency the Governor 

James Alexander Peter Kemble "j 
Edward Antill Thomas Leonard V Esq" 

Andrew Johnston Rich d Salter ) 

His Excellency laid before the House a Message he had 
rec d from the House of Assembly in Answer to his application 
to them for the Arrearage of Salary due to the late Governor 
Morris and desired their advice whether any thing more could 
be done by him with any probability of Success and the 
House Considering the Same are of Opinion that no fur- 
ther Application will be likely to have the desired Effect at 
this time. 

Minutes of Council in Assembly 
September 28 th 1749 

Present 

The hon ble James Hude ^j 
Andrew Johnston 
Peter Kemble f ""* 
Thomas Leonard J 

His Excellency came into Council and having by the Sec- 
retary commanded the Attendance of the house of Assembly 
they attended, when his Excellency was pleased to make the 
following Speech. 

Gentlemen of the Council & of the General Assembly, 

Since our last Meeting, I received the Kings Royal Pro- 
clamation of a General Peace, concluded by the blessing of 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 157 

God, on His Majesty's Arms and Councils, upon which I 
heartily Congratulate you, hoping it will give his Majesty 
still greater weight among all the Princes of Europe and 
that We at this distance from the Throne shall reap happy 
fruits and Advantages from it, under His Majesty's most 
Auspicious and Benign Government. 

Gentlemen of the General Assembly, 

By your having Recourse to the Journals of the late As- 
sembly and to those of your own, you will readily find how 
often I have urged what was, and still is of the Greatest 
importance to the Peace of this Province, which is the doing 
your Duty to the King and to His People, in Joining with 
the other Branches of the Legislature in such Measures as 
might be effectual for Suppressing the Great Numbers of 
Seditious Riotous Persons, who are endeavouring to Overturn 
the Kings Government, a fresh Instance of which they have 
lately given in breaking open the Kings Jail in the County 
of Essex, and delivering from thence two Persons 1 (who 
stood there Committed for High Treason) as you will see by 
the Papers I shall send you ; and you know I Ordered the 
last Meeting of the Legislature purely to have your aid and 
Assistance in this very difficult affair : But instead thereof 
you were deaf to all I could say, and which I am afraid has 
proved an encouragement to this Set of Lawless People to 
Persist in their obstinacy and Wickedness 

But as I have in Duty to the King and in tenderness to 
this People, faithfully represented to his Majesty the Present 
Deplorable State of this Province in this regard, and am 
daily expecting the Kings Especial orders about it, I shall say 
nothing more than that I heartily wish you may yet be wise 
before it be too late, and thereby prevent your being answer- 
able for the Consequences of Your present misconduct. 

I am really Sorry Gentlemen, to be obliged to press you to 
the necessary Supply of the Publick Treasury which has 
been in a manner Empty for a long time, to the injury of all 

^heophilus Burwell and Aaron Ball. N. J. Archives, VII. , ItSU. 



158 NEW JERSEY COLONIAL DOCUMENTS. [1749 

the Officers of the Government who have loudly Complained 
of so great an injustice : as I have said formerly, money may 
be properly Called the Strength of Government, for how can 
the Laws be executed or the Kings Subjects protected in their 
properties while the Officers of Justice are wanting the pro- 
vision made by Law, for the Support of themselves and of 
their Families. 

Gentlemen of the Council and of the General Assembly, 

As the Winter is approaching and Your Domestick Affairs 
may soon require your Care and attendance, I wish you may 
have a good agreement in what you may Judge Necessary 
to be done at this time, which will Naturally shorten the 
Sessions, and You may always depend on my Chearful Con- 
currence in every thing that may Promote his Majesty's 
honour and Interest and the happiness of this People. 

J. BELCHER 
Perth Amboy Septemb* 28 th 1749. 

On Saturday the thirtieth September the General Assembly 
were Prorogued to Tuesday the third day of October 1749. 

Tuesday October 3 rd 1749. 
The house met Present 

The hon ble James Alexander Andrew Johnston ^ 

Eobert H. Morris i Esq M 

James Hude Peter Kemble J 

The house Continued till 



Wednesday October 4 th 
The house met Present 

The hon bl * James Alexander Andrew Johnston 
Rob* H. Morris Peter Kemble 

James Hude Richard Saltar 

The house Continued till 



JEsq" 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 159 

Thursday October 5 th 
The House Met Present 

The hon ble James Alexander Andrew Johnston ^ 

Rob* Hunter Morris Peter Kemble VEsq" 
James Hude Richard Saltar ) 

The house Continued till 



Friday October 6 th 1749. 
The house Mett, Present, 

The hon ble James Alexander Peter Kemble ^ 

James Hude VEsq" 

Andrew Johnston Richard Saltar ) 

M r Alexander acquainted the house, that M r Smith and 
M r Learning from the house of assembly had delivered to 
him a Bill Entituled, An Act to enable the Legislature to 
Settle the Quotas of the several Counties in this Colony, in 
Order for Levying of Taxes from lime to time as occasion 
may require for Support of Government and defraying the 
Contingent Charges thereof; together with an Order to the 
said two Members to carry the same to the Council for their 
Concurrence, will 1 bill and Order he had received from them, 
this house not sitting at the time and he delivered the same 
in at the Table. 

The bill Entituled, an Act to Enable the Legislature to 
settle the Quotas &c was read the first time and Ordered a 
second reading. 

The house Continued till, 

1 Which. 



160 NEW JEESEY COLONIAL DOCUMENTS. [1749 

October 6 th P. M. 
The house Met Present 

The hon ble James Alexander Andrew Johnston ^ 
Rob* H Morris 

Edward Antill Peter Kemble f Es( l r8 

James Hude Richard Saltar J 

M r Chief Justice Morris laid before this house Sundry 
letters from Fardinando Johns Paris 2 Esq r to whose care the 
Representation of the Members of this house of December 
last to His Majesty was recommended, Signifying that the 
said Representation had been laid before His Majesty and 
that the same with the several Minutes of Council and 
Assembly and other Papers Supporting the Facts Alledged 
therein, were under the consideration of His Majesty's Min- 
isters, in order to consider of the relief Adequate ; but that 
great difficulties Occurred to His Majesty's Ministers in that 
Affair, for want of fuller information in Sundry matters, 
than he was Capable of giving. 

And Chief Justice Morris acquainted this house, that if 
they thought any information he could give to His Majesty's 
Ministers would tend to the removing those difficulties and 
to the restoring the Peace of this Province, he was willing to 
take a Voyage to England with all Expedition for that 
purpose. 

And then withdrew. 

And this house taking the same Papers and Offer of Chief 
Justice Morris under Consideration, they came thereon to the 
following Resolutions 

Resolved, That it's the unanimous opinion of this house, 
that the informations which M r Chief Justice can give to His 
Majesty's Ministers concerning the State of this Province, 
may greatly tend, not only to the removing the said difficul- 

2 Ferdinand John Paris. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 161 

ties, but such others as may Occurr in their Considering that 
Matter. 

Resolved, That an humble Address be presented to his 
Excellency the Governor of this house, Signifying to him 
the above Sentiments of this house, and humbly requesting 
that he would be pleased to Grant to M r Chief Justice Morris 
leave to be absent from this Province for such time as his 
Excellency shall think reasonable for the Purpose aforesaid, 

Ordered, That, M r Johnston, M r Hude and M r Kemble or 
any two of them be a Committee to prepare a Draft of such 
address and lay it before this House tomorrow morning. 

The house Continued till 



Saturday, October 7 th 1749 
The house Met Present 

The hon ble James Alexander Andrew Johnston 
EdwardAntill Peter Kemble 
James Hude Richard Saltar 



\ 
V 
J 



Andrew Johnston Esq r Chairman of the Committee to 
whom was Yesterday Referred the preparing y e Draft of an 
Address, laid a Draft thereof before this house, which being 
twice read, was approved of, and Ordered to be Engrossed., 



At another Sitting of the same day. 
Present as above 

The Engrossed Address to His Excellency was read and 
approved of, which is in the following words. 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief of His Majesty's Province of New 
Jersey and Territories thereon Depending in America, Chan- 
cellor and Vice Admiral in the same. 

11 



362 NEW JERSEY COLONIAL DOCUMENTS. [1749 

The Humble Address, of his Majesty's Council for the 
Province of New Jersey. 

We beg leave to Acquaint your Excellency, that the De- 
plorable Circumstances of this Province by reason of the 
many late Disturbances, Riots and Treasons Committed 
therein having been laid before his Majesty, We have re- 
ceived information that they are now under the Consideration 
of His Majesty's Ministers, in order for advising his Majesty 
what relief is Adequate; and that many Difficulties arise, 
which Cannot easily be removed, but by a person well ac- 
quainted with the past disturbances, and other the Circum- 
stances of this Province. 

That from our long acquaintance with the Person and 
Character of Chief Justice Morris, and from our long Ex- 
perience of his ability and Capacity and the perfect knowl- 
edge he has obtained by his Stations of Chief Justice and 
Councellor in this Province, which he has long worthily 
Executed : We think of no man so fit as him to assist his 
Majesty's Ministers, by the informations he is able to give in 
those difficulties that have Occurred, and that may Occurr to 
them in that weighty affair, and in falling on such Measures, 
as that the Innocent People of this Province may not become 
Sufferers for the Faults of the Guilty. 

That M r Chief Justice Morris has consented to take a 
Voyage to England with the utmost Expedition, for the 
Purpose aforesaid. 

That as there are now eleven other Councellors within this 
Province and two other Judges of the Supreme Court, the 
want of his Assistance in those Stations for the Short time of 
his intended Absence, cannot be so great a loss to this Province, 
as to ballance the benefit that may Redound to it from the 
informations he can give to his Majesty's Ministers in the 
Matters aforesaid, especially at a time when it's impossible to 
put the Laws in Execution, and no Probability of their Res- 
toration, but by his Majesty's effectual interposition, for that 
Purpose. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 163 

Wherefore we beg leave humbly to address your Excellency 
that you would be pleased to Grant him leave to be Absent 
for the purposes aforesaid, for such time as your Excellency 
shall think is reasonable. 

Perth Amboy October 7 th 1749 

Ordered, That the Speaker do sign the same 

Ordered, That M r Saltar and M r Kemble do wait upon 
His Excellency with a Copy of the said Address, to know 
when his Excellency will be pleased to receive the said address 
of this house. 

M r Kemble and M r Saltar being returned, reported that 
they had delivered the Copy of the said Address with the 
Message of this house to his Excellency, who said he would 
send an Answer by. the Secretary. 

The bill Entituled, An Act, to enable the Legislature to 
settle the Quotas of the several Counties in this Colony in 
Order for Levying of Taxes from time to time as occasion 
may require, for Support of Government and defraying the 
Contingent Charges thereof; was read the Second time and 
Committed to the Gentlemen of the Council or any three of 
them. 

The house Continued till 



Monday October 9 th 1749. 
The house Mett Present 

The hon ble James Alexander ^ 

Kob'H. Morris VEsq" 
Andrew Johnston J 

M r Hancock and M r Fisher from the house of Assembly 
presented for the Concurrence of this house a Bill Entituled, 
An Act for the support of the Government of his Majesty's 
Colony of New Jersey for one year, to Commence the tenth 
day of August 1749, and to end the tenth day of August 



164 NEW JERSEY COLONIAL DOCUMENTS. [1749 1 

1750 and to discharge the Publick Debts and the Arrearages 
and Contingent Charges thereof. 

Which Bill was read the first time and Ordered a Second 
reading. 

The house Continued till 



Tuesday October 10 th 1749. 
The house met Present 

The hon ble James Alexander Andrew Johnston \ 
Rob* H. Morris Peter Kemble ) 

A Petition was presented to this house, Signed by Theo- 
philus Burwell and Aaron Ball Dated October 6 th 1749 Set- 
ting forth, that they had been Committed for Treason to the 
Goal of the County of Essex, and that they had Escaped 
from thence, through the Commisaerating Aid of others, that 
they had on the Day of the Date Submitted themselves to 
the same Goal and were ready to take their Tryalls and beg 
this house that they would intercede with his Excellency to 
Order their immediate Tryal, Together with a Certificate 
from John Styles the Goaler of the County of Essex, that 
they had delivered themselves up on the said Sixth day of 
October and remained in Custody on the day of the Date, 
which is the 9 th day of 8 br 1749. 

Whereupon Joseph Camp one of the Representatives in 
the General Assembly for the said County of Essex, who 
delivered the said Petition and Certificate to the door keeper 
of this house was called in, and being asked from whom he 
received the said Petition ? he said from the Petitioners, and 
being asked whether the Petitioners were in Goal when he 
received the said Petition ? he said after much evasion, that 
he believed they were not, but that they were on the Road 
going there. 

Which Petition and Certificate was read the first time and 
Ordered a second reading. 



1749] JOURNAL OF THE PRO VINCI AL COUNCIL. 165 

The bill Entituled, an act for the Support of the Govern- 
ment &c, was read the second time and Committed to the 
Gentlemen of the Council, or any three of them. 

The house Continued till, 



Three O'clock, P. M. 

The house Met Present, as before with, 
M r Antill and M r Saltar. 

M r Kemble from the Committee to whom the Bill En- 
tituled, An Act to Enable - the Legislature to settle the 
Quotas & was referred reported that the Committee had 
gone through the same and had made one Amendment 
thereto, which he was ready to report, when the house will 
please to receive the same. 

Ordered, 

That the report be made immediately. 

Whereupon he read the Amendment in it's Place, and it is 
as follows. 

Whereas by the Royal Instructions to His Excellency the 
Governor he is directed in these words. 

Provided, Always that you do not Consent to any Act or 
Acts to lay any Tax upon unprofitable Lands. 

It is hereby declared, that nothing in this Act is meant or 
intended to break in upon the said Instruction, or to Warrant 
the Assessors to put any unprofitable Lands into the said 
List or Account of things to be Taxed. 

Ordered, 

That the above Amendment be read a second time. And 
the Amendment being read a second time, was agreed to by 
the house and Ordered to be Engrossed. 

The house Continued till, 



166 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Wednesday October 11 th 1749 
The house Met, Present 

The hon ble James Alexander Peter Kemble ^j 
Rob* H Morris 1 

Edward Antill Thomas Leonard [ Es ^" 

Andrew Johnston Richard Saltar J 

The Bill Entituled, An Act to Enable the Legislature to 
settle the Quotas of the several Counties in this Colony & 
with the Engrossed Amendment, being Read a third time. 

And the Question being put. ' 

Resolved, 

That the said Bill as amended do Pass. 

Ordered, 

That the Speaker do sign the same. 

Ordered, 

That M r Kemble do Carry the said bill with the Amend- 
ment made thereto to the house of Assembly, and desire the 
Concurrence of that house to said Amencjment. 

M r Kemble reported, that he had obeyed the above Order. 

A Message from the house of Assembly by M r Spicer and 
M r Wetherill. 

"Ordered, 

"That M r Spicer and M r Wetherill do Carry the bill to 
" Enable the Legislature to settle the Quotas of the several 
" Counties &' with the Amendments back to the Council, and 
"Acquaint them that this house have Disagreed to said 
" Amendment and rejected the same and Adhere to the bill."' 

" THO' BAJRTOW Clk 

This house taking into consideration the above Message of 
the house of Assembly. 

And the Question being put, whether the house adhere to 
their Amendment. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 167 

It was carried in the Affirmative. 

Ordered, 

That M r Kemble do carry the said Bill to the house of 
Assembly and Acquaint them that this house adhere to their 
Amendment. 

M r Kemble reported that he had obeyed the above order. 

M r Secretary informed the house his Excellency was ready 
to receive this house. 

M r Leonard having Perused the Address approved of the 
same. 

The Council having Attended His Excellency with their 
Address, the Speaker reported, that they had waited on His 
Excellency with the said Address and delivered the same to 
him, who observing the Date to be the 7 th Instant Desired 
that it might be Dated the day of the delivery, and the 
Council seeing no Material Objection thereto, agreed it should 
be altered, and it was altered accordingly and Re-delivered to 
His Excellency. 

Whereupon he said, after due consideration of the several 
Parts of this Address, I will send you an Answer. 

The Secretary informed this house, that he had some Days 
since laid before the house of Assembly, the papers referred 
to in his Excellency s Speech. 

Ordered, 

That the Secretary do wait on the house of Assembly and 
request the said Papers for the consideration of this house. 

The house Continued till, 

Three o'Clock afternoon. 
The house met, Present, 

The hon b1 ' James Alexander Peter Kemble 
Rob* H Morris 

Edward Antill Thomas Leonard f Es( l r 

i 

And* Johnston Richard Saltar J 



168 NEW JERSEY COLONIAL DOCUMENTS. [1749 

M r Morris intendiDg to go out of Town this day, desired 
his Sentiments concerning the last Clause of the Support Bill 
might be entered and they are as follow. 

The sole and only right his Majesty's Council have to pass 
Laws in this Province is delagated to .them by the Royal 
Commission under the Great Seal of Great Britain, So far 
therefore as they act agreeable to the Powers given, are their 
Actions good and no farther But whenever they go beyond 
the powers given or Act contrary to the true intent and 
meaning of the said Commission their Actions are void and 
of no Force. 

In and by the Royal Commission his Majesty Declares his 
will and pleasure to be, that all Publick Money shall be 
disposed of by warrants Drawn by the Governor, by and 
with the Advice and Consent of the Council, and not otherwise. 

By the bill for Support of Government now before us it is 
enacted that the Treasurers pay several Sums of Money upon 
Certificates to Be Signed by some of the Members of the 
house of Assembly which seems to me directly repugnant to 
the Terms of the said Royal Commission, and should this 
house pass the said support Bill in the manner it now stands 
I humbly Conceive it will be in them an Assuming a Power 
not warranted by the Kings Commission, it will be taking 
upon them to Lodge the Powers of issuing the publick Money 
in such hands as his Majesty never intended should be 
trusted therewith and will be acting in direct opposition to 
His Majesty's will and Pleasure Signified to us by the royal 
Commission aforesaid, and to which His Majesty has ex- 
pressly required and Commanded us to pay obedience. 

ROB* H. MORRIS. 

The house Continued till, 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 169 

Thursday October 12 th 1749 
The house Met. Present, 

The hon ble James Alexander Peter Kemble ^ 

Edward Antill Thomas Leonard > Esq 

Andrew Johnston Richard Saltar J 

Richard Saltar Esq r Chairman of the Committee to which 
was Referred the bill for Support of Government made report 
to this house, that they found the Preamble of the said Bill 
in these words 

Whereas the Act for Supporting the Government of this 
his Majesty's Colony has been for some time Expired, And 
whereas the Interest money arising from the Loan of the 
Bills of Creditt Emitted in this Colony was designed by the 
Act that Made them Current to be thereafter disposed of and 
for the Support of Government in Such sort manner and 
Form as the Governor Council and General Assembly should 
direct : We the house of Representatives being willing and 
desirous to give all possible demonstration of our Duty 
Loyalty and Gratitude by applying so much of said Interest 
Money and other Money which may come into the Treasury 
in such Manner as is herein after directed for the Support of 
this his Majesty's Government for the aforesaid one year, do 
Pray that it may be Enacted. 

An<J that they found a part of the first Clause of the said 
Bill in these words. 

There shall be and there is hereby Chearfully and Unani- 
mously given unto his present Majesty his heirs and Success- 
ors the Sum of fourteen hundred pounds, Money according 
to the Proclamation of the late Queen Anne, to be paid out 
of the Interest Money, that at any time heretofore hath, now 
doth, or at any time hereafter may arise by the Loan of the 
bills of Credit which now are, or hereafter may be Current 
in this Colony, and out of such other Money as is now, or 



170 NEW JEESEY COLONIAL DOCUMENTS. [1749 

may be paid into the Treasury for the Support of the Gov- 
ernment by any Laws of this Colony. 

And further reported, that the said Committee were of 
opinion, that the said words did Imply these Facts, Viz* 

1'* That some Interest Money hath Arisen, or hereafter 
May arise by the Loan of the bills of Creditt by some Act, 
or Acts in being, which is not disposed of, and may now be 
applied by this Act. 

2 dly That some other Money now is or may be Paid into the 
Treasury by some Act or Acts in being which is not Disposed 
of and may now be 

Applied by this Act. 

And further reported, that they could not Recollect any 
Act or Acts now in being by which any Money is arisen or 
hereafter may arise by the Loan of the bills of Creditt or 
any otherwise, which has not Already by the same or other 
Acts been disposed of and applied, and therefore prayed the 
direction of this house in that matter, which report being 
maturely considered by this house is approved of. 

Ordered, 

That M r Saltar do deliver to the house of Assembly a 
Copy of the said report and approbation of this house and 
request that they would be pleased to Point out to this house 
the Act or Acts now in being, by which any Money is arisen 
or hereafter may arise by the Loan of the bills of Creditt or 
any otherwise which has not already by the same or other 
Acts been disposed of and applied, that this house may be 
Enabled with truth and Veracity to Assent to and Pass as 
their Act the parts of the said Bill which imply the two pre- 
ceeding Facts. 

Whereas this house is informed that in August last a num- 
ber of Men riotously Assembled at the Plantations of Cas- 
parus Prior 1 in Bergen did Riotously break down pull up and 
destroy Several of his Fences, and that the said Casparus 
having set his fences up again, a Number of Men, about thirty 
or forty came and Riotously again broke down, pull'd up and 

iN. J. Archives, VIL, 429. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 171 

destroyed his Fences and beat and abused the Sons of the said 
Casparus, and that the Deputy of the Attorney General 
attended the Grand Jury of the next Court of Quarter Sessions 
for the County of Bergen with a Bill of Indictment and the 
Witnesses to Prove it ; Yet the Grand Jury refused to find 
any Bill. 

Wherefore it is ordered, that the Serjeant at Arms attend- 
ing this house, do with all speed repair to the house of the 
said Casparus Prior and to require him and his sons to appear 
before this house forthwith, in order to give Evidence in 
behalf of our Sovereign Lord the King. 

Whereas, this house is informed, that some Months ago 
the Petitioners Theophilus Burwell and Aaron Ball (whose 
Petition was presented to this house on tuesday last,) did 
with many other Rioters make application to the Justices 
and Freeholders of the County of Essex to meet in Order to 
Petition his Excellency the Governor for Granting a Com- 
mission of Oyer and Terminer and General Goal Delivery 
for the Tryal of the said Criminals, and that the Justices and 
Freeholders did meet for that Purpose and Consented to 
Petition His Excellency Provided those Criminals would 
themselves sign a Petition to the same Purpose, Submitting 
and promising Submission to the Jurisdiction of such Court 
and to such Judgements as should be given by it. 

That the said Justices and Freeholders did draw or Pro- 
cure such Petition to be drawn for those Criminals and 
recommended it to them to Sign, and Promised to meet again 
on one days warning when it was Signed, but they all 
unanimously refused to Sign that Petition or any Petition to 
that purpose, and that in a few days afterwards, the goal of 
the County of Essex at Newark was broke open by persons 
in Disguise and the said two Petitioners were rescued by them, 
and that one Mansfield Hunt a Prisoner for Debt in the said 
Goal either knowing or pretending to know some of the 
Persons Concerned in the said Riott and Rescue, the Rioters 
soon after by a Collection raised Money to Pay his Debt and 



172 NEW JERSEY COLONIAL DOCUMENTS. [1749 

did pay it and got him out of Prison in order to prevent his 
giving Evidence against them: And this house is further 
informed that the Persons following can give evidence of the 
truth of the several Matters aforesaid. 

Ordered, that the Serjeant at Arms attending this house do 
with all Speed require John Rolfe Esq r of Raway and 
Eliphalet Johnston and Daniel Pierson Esq of Newark, 
Joseph Day of Newark, John Chandler and Elijah Davis of 
Elizabeth Town, John Johnson Sen r John Styles and Mans- 
field Hunt and every of them to appear before this house 
forthwith, in Order to give evidence in behalf of our Sove- 
reign Lord the King.' 

The house Continued till, 



Three O'Clock P. M. 
The house met, Present. 

The hon ble James Alexander *\ 
Andrew Johnston 1 
Thomas Leonard [ Esc l rS 
Richard Saltar J 

His Excellency came into Council and delivered his 
Answer to the Councils Address as follows. 

Gentlemen of the Council, 

I have read over the Address you brought me Yesterday, 
and upon Considering it I am to observe to you, that M r 
Chief Justice Morris made application many Months ago, to 
one of his Majesty's Principal Secretaries of State for leave 
to go to Great Britain, I therefore think it necessary before I 
can make a Particular answer to Your Address, that M r 
Chief Justice lays his said Application with the Answer 
thereto before me and if he wants my leave of absence on a 
Voyage to Great Britain, as I am the Kings Governor and 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 17& 

Commander in Chief of this Province I think it his Duty to ' 
make his request to me on that head under his own hand. 

J. BELCHER. 
Perth Amboy Oct r 12 th 1749. 

After which His Excellency laid before the house his 
Majesty's Disallowance of the Fee bill, Viz* 

At the Court at Kensington the 28 th day of June 1749. 

" Present 
" The Kings Most Excellent Majesty. 

"Arch Bishop of Canterbury Earl of Sandwich 

" Lord Chancellor Lord Delawar 

" Lord President Lord Sandys 

" Lord Privy Seal M r Chancellor of the Exchequer 

" Lord Chamberlain 

" Duke of Bedford Lord Chief Justice Willes 

" Duke of Newcastle Henry Fox Esq r 

" Earl of Pembroke Henry Legge Esq r 

" Whereas, by Commission under the Great Seal of Great 
" Britain the Governor Council and Assembly of his Majesty's 
" Province of New Jersey are authorized and impowered to 
" make Constitute and Ordain Laws Statutes and Ordi- 
" nances for the Publick Peace Welfare and Good Govern- 
"ment of the said Province: Which Laws Statutes and 
" Ordinances are to be as near as Conveniently may be agree- 
" able to the Laws and Statutes of this Kingdom and are to 
" be transmitted to his Majesty for his Royal approbation or 
" disallowance And whereas in Pursuance of the said powers 
"An Act was passed in the said Province in December 1743 
" which hath been Transmitted Entituled as follows, Viz* 

"An Act for Ascertaining the Fees to be taken by the 
" several officers in the Colony of New Jersey." 

" Which Act together with a Representation from the Lords 



174 NEW JERSEY COLONIAL DOCUMENTS. [1749 

" Commissioners for trade and Plantations, proposing the Re- 
" peale thereof having been Referred to the consideration of 
" a Committee of the Lords of his Majesty's most honourable 
" Privy Council for Plantation Affairs, the said Lords of the 
" Committee did this day report their opinion to His Majesty, 
" that the said Act ought to be Repealed. His Majesty taking 
41 the same into consideration, was pleased with the Advice of 
41 his Privy Council to Declare his disallowance of the said 
" Act, and Pursuant to his Majesty's Royal pleasure there- 
" upon expressed, the said Act is hereby repealed Declared 
" Void and of none Effect ; whereof the Governor, or Com- 
" mander in Chief of his Majesty's Province of New Jersey 
" for the time being and all others whom it may concern are 
" to take Notice and Govern themselves accordingly. 

W. SHARPE. 

And also the following Copies of the royal Instructions. 

" N 10 You are likewise to signify our pleasure unto 
"the Members of our said Council, that if any of them 
" shall hereafter Absent themselves from our said Province 
"and continue Absent above the Space of twelve Months 
" together without leave from you, or from our Governor or 
" Commander in Chief of the said Province for the time 
" being first obtained under your or his hand and Seal, or 
" shall remain Absent for the Space of two years Successively 
" without our leave given them under our Royal Sign Manual, 
" their place or places in our said Council shall immediately 
" thereupon become Void, and that we will forthwith appoint 
" others in their Stead. 

"N 11 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 
" inconveniences that may happen for want of a Quorum of 
lt the Council to transact business as occasion may require. 
" It is our Will and pleasure that if any of the Members of 
" our said Council residing in the Province shall hereafter 
" wilfully Absent themselves from the Council board when 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 175 



Summoned, without a Just and Lawful Cause and 
4t shall Persist therein after Admonition, You Suspend the 
" said Councillors so Absenting themselves till our further 
" pleasure be known, giving us timely notice thereof. And 
" we hereby Will and require you, that this our pleasure be 
" signified to the several Members of our Council aforesaid, 
" and that it be Entered in the Council books of our said 
" Province as a standing Rule. 

"N 40 1 And whereas frequent complaints have been 
"made to us of great delays and undue proceedings in the 
"Courts of Justice in several of our Plantations whereby 
" many of our Subjects have very much Suffered, and it being 
" of the greatest importance to our Service and to the welfare 
" of our Plantations that Justice be every where speedily and 
" Duly administered and that all disorders Delays and undue 
" Practices in the Administration thereof be effectually pre- 
" vented, We do particularly require You to take especial 
" care that in all Courts Where you are Authorized to pre- 
" side Justice be impartially Administered, And that in all 
" other Courts established within our said Province all Judges 
" and other Persons therein concerned do likewise Perform 
" their several Duties, without any Delay or Partiality. 

" The foregoing are true Copies of the tenth, eleventh and 
"fortieth 2 Instructions Extracted from the body of His 
" majesty's Instructions to Governor Belcher for his Conduct 
" in the Government of this Province. 

CHA : READ, Secry 

"Perth Amboy Oct r 12 : 1749 

The house Continued till, 



Friday, October 13 th 1749. 
The house Mett. Present 

The hon ble Andrew Johnston Thomas Leonard | 
Peter Kemble Richard Saltar / 

. 

Forty-first. See N. J. Archives, VI., 18, 19, 32. 



176 NEW JEESEY COLONIAL DOCUMENTS. [1749* 

M r Saltar reported that he had obeyed the order of the 
house of Yesterday. 

A Message from the house of Assembly by M r Learning, 
and M r James Smith in the following words. 

"October 13 th 1749 

" The house having duly Considered the Message from the 
" Council by M r Saltar. 

" Ordered, 

" That M r Learning and M r James Smith do wait on the 
" Council, and Acquaint them that altho' the great difficulties 
" the Assembly labour under by the Councils having so often 
" refused to pass any one of the bills to enable the Legisla- 
" ture to settle the Quotas of the several Counties &' sent up 
" by the Assemblies of this Colony to that house for Con- 
" currence, yet their Duty and Loyalty to the best of Kings 
" and their earnest desire to support his Government over 
" them in the best manner they were able, induced them to 
" pass the bill for Support of Government referred to in the 
"Councils Message, therein making full Provision for the 
" Governor and the several Officers of the Government and 
" subjecting all Money in their Power to the payment thereof, 
" with hopes at the time of passing that Bill, that the Council 
" would have assented to a Bill Entituled, An Act to enable 
" the Legislature to settle the Quotas of the several Counties 
" in this Colony, in order for levying of Taxes from time to 
" time as occasion may require for Support of Government & 
" Defraying the Contingent Charges thereof, sent by this 
" house to that house for Concurrence, whereby the Legisla- 
" ture would have been enabled in an Equitable way to have 
" raised a Sufficient sum of money, by a Tax on the People 
"to have Supplied the Treasury, so that in a few months 
"time they would have been able to have discharged the 
" several Sums Granted by this Bill and the Arrearages due 
"to the Officers of the Government by some other bills of 
" the like kind ; this (the house is of Opinion) would have 
" answered the whole that is proposed by this Bill, Suppos- 



1749] JOURNAL OP THE PROVINCIAL COUNCIL. 177 

" ing there was no Money in the Treasury, nor any likely to 
" come into it, by Virtue of Laws now in being, which we 
" don't know to be the Case, neither that there is any thing 
" contained in this bill inconsistent with Veracity and truth, 
" and therefore this house think themselves under no Neces- 
" sity of Pointing out the Acts they mention." 

THO' BARTOW Clk 
The house Continued till, 



Three O'Clock P. M: 
The house met Present 

The hon ble James Alexander Peter Kemble ^ 

Edward Antill Thomas Leonard fEso/* 

Andrew Johnston Richard Saltar J 

M r Secretary pursuant to the Order of the Eleventh In- 
stant, laid before this house the Papers mentioned in his Ex- 
cellency's speech, which he received back from the house of 
assembly, Viz* 

A Letter from William Chetwood Esq r Sheriff of Essex 
County to his Excellency Dated the 28 th of July 1749, 
acquainting his Excellency that Theophilus Burwell and 
Aaron Ball two Prisoners Committed to the Goal of Essex 
for Treason, were rescued on the Night of Saturday the 15 th 
of July by Persons unknown, Violently breaking open the 
said Goal, as by the Affidavit of Mansfield Hunt inclosed in the 
said letter might appear. 

Also the Affidavit of Mansfield Hunt, taken before Eli- 
phalet Johnson the 17 th of July 1749, by which the said Hunt 
deposes that on the Saturday afternoon the said Burwell told 
him that they should be home before Morning, that he lay 
on his face till after the door was broke open, and they Put- 
ting it up again, he got up and looked out of the door and 
saw Sundry Persons, and amongst them one Obadiah Brewin 1 

1 Bruen. 

12 



178 NEW JERSEY COLONIAL DOCUMENTS. [1749 

to the best of his knowledge, that on Saturday night then 
passed between twelve and One the Goal was broke open and 
the said Burwell and Ball Escaped and the deponant was a 
prisoner in the Goal at same time. 
The house continued till, 



Saturday October 14 th 1749. 
The house met. Present, 

The hon ble James Alexander Peter Kemble "j 
Edward Antill Thomas Leonard f 
Andrew Johnston Richard Saltar J 

His Excellency came into Council, and having by the 
Secretary commanded the Attendance of the house of as- 
sembly, they attended and Samuell Nevill Esq r their Speaker 
delivered the following Address. 

"To His Excellency Jonathan Belcher Esq r Captain 
" General and Governor in Chief in and over his Majesty's 
" Province of New Jersey and Territories thereon depending 
" in America Chancellor and Vice Admiral in the same. 

"The humble Address of the Representatives of the 
" Colony of New Jersey, in General Assembly Convened. 

41 May it Please your Excellency, 

" We his Majesty's Most dutiful and Loyal Subjects, the 
" Representatives of the Colony of New Jersey beg leave to 
" return your Excellency our thanks for Your Congratulation 
" upon the General Peace, concluded by the blessing of God, 
" on his Majesty's Councils and Arms ; and on our part, We 
" Congratulate your Excellency upon so happy an event, 
" hoping it will add weight to his Majesty's influence among 
" all the Princes of Europe, and that we, at this remote dis- 
" tance from the Throne shall reap happy Fruits and advan- 
tages from it under his Majesty's most auspicious and 
" Benign Government. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 179 

" By having recourse to the Journals of the late and 
" present Assembly we find, that in a Session at Burlington, 
"which commenced the 20 th August 1747 soon after your 
" Excellency's arrival, and continued by adjournment until 
"the 18 th of February ensuing, in Consequence of what you 
" recommended that Session, a Committee was appointed by 
" the then house of assembly who applied to his Majesty's 
" Council, desiring that they would also appoint a Committee 
" to Jein the Committee of the assembly, to consider in a 
" free Conferrence, upon ways and means for Suppressing the 
"Riotts and disorders of the Colony: In Consequence 
" thereof, a Committee of the Council was appointed to Join 
"the Committee of the Assembly for that purpose; that 
" those Committees met, and from time to time duly delib- 
" crated upon the Subject Matter of the said Conference, 
" until they agreed upon a report to be made to their respec- 
" tive houses touching the premises, where the same was 
"further considered; and in Consequence thereof, Passed 
" Several Bills for Suppressing of riotous Proceedings, which 
" were Assented to by your Excellency, and you was pleased 
" at the same time to send down to both houses, an act, En- 
" tituled, an act to Pardon the persons Guilty of the Insur- 
" rections, Riots and Disorders, raised and Committed in this 
" province, which was thankfully accepted by them. These 
" were the Steps then taken for bringing those wild confusions 
" to an end, with which Your Excellency Concurred, and was 
" pleased in your Speech at the close of that Session, to inti- 
" mate Your Satisfaction therewith. 

"That in a Session commenced at Burlington, October 21, 
"1748 and ended at Perth Amboy December 16, ensuing 
" Your Excellency further recommended the consideration of 
" the unhappy Situation of the Colony, respecting the Rioters, 
" to which the Assembly in Substance replied, that the Laws 
" then in being, in their opinion, ought to be put more fully 
" in Execution ; and if they then proved insufficient, their 
" particular defects might be pointed out at the next meeting 



180 NEW JERSEY COLONIAL DOCUMENTS. [1749 

" of Assembly ; that they might be able to do what might be 
" further necessary to be done on that occasion ; at the same 
" time the Assembly said what might have been Sufficient to 
"discountenance the madness of those audacious Rioters; 
" Since then to this time no Defects in the Laws have been 
" pointed out to the Assembly. 

"That Your Excellency in Your Speech made to both 
" hopses at Burlington, in a Session which Commenced Feb- 
"ruary 20, 1748-9 recommended to our consideration what 
" further Laws might be necessary for Curbing the Insolence 
"of those people; that in Pursuance of this, the Assembly 
"took the matter under Consideration and after spending 
" some weeks in deliberating on what might be proper to be 
" done on the occasion, they Concluded that Lenitive Meas- 
" ures might be most likely to prove successful, not only as 
"they frequently have every 1 Prevalent influence upon the 
"minds of Men, but also because two Petitions were then 
" preferred on behalf of those Rioters, the one to your Excel- 
" lency, the other to the Assembly, setting forth in Substance, 
" an acknowledgement of their misconduct, praying forgive- 
"ness for the same, and appearing inclinable to return to 
" their Duty ; and by their Substitutes made Sundry pro- 
posals to James Alexander and Robert Hunter Morris 
" Esq rs their Antagonists for coming to Tryal under the Con- 
" tested Lands which had in great Measure occasioned those 
" disorders ; and altho' those Gentlemen did not at that time 
" Comply with those proposals, yet it was hoped they would : 
" Since which We find by the Records of the Supreme Court 
" That Francis Spier, one of the People in possession of the 
" Lands claimed by the abovesaid Gentlemen, hath had an 
"Attorney and Council appointed him by that Court in Order 
" for a legal tryal ; that in consideration of what has been 
" above Advanced, the Assembly were Induced to apply to 
" Your Excellency to Know Your pleasure concerning ex- 
" tending his Majesty's Gracious Pardon to those Rioters, so 
" far forth as by his Royal Commission You were impowered 

1 A very. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 181 

" to do ; to which You was pleased to reply, ' that You would 
" do al 1 in Your Power to restore the Peace of the Colony in 
"joining with the other Branches of the Legislature, in such 
"Measures as they should think proper for that purpose,' 
" which kind reply induced the house to appoint a Committee 
" to join a Committee of the Council, in a free Conferrence 
" upon that important Subject ; and on the assembly's appli- 
" cation to the Council, a Committee of the Council was also 
" appointed, and those Committees Met and entered Upon the 
" Subject of their meeting, when the Committee of the As- 
" sembly found to their surprize, the Committee of the Coun- 
"cil were only impowered to receive proposals from the 
" Committee of the assembly upon the said Subject ; whereby 
" the freedom of the Conferrence was greatly obstructed, and 
" predicted to them the improbability of any Success from 
" that Conferrence : However, that nothing might be wanting 
" on the part of the Committee of the Assembly to render 
" the said Conferrence useful, they made a proposal touching 
"the premises which, in their opinion, would Contribute 
" towards restoring the Peace of the Colony ; which not being 
" agreed to by the Committee of the Council, nor by their 
"house, the said Conferrence did not produce the desired 
" Effect. 

" Having Premised these things, We cannot but be hum- 
" bly of the opinion, that both the late and present Assembly 
" have, with Assiduity discharged their Duty, in using what 
" they Judged the most likely ways and means for the restor- 
" ing the Peace and quiet of the Colony ; and that neither 
" of those Assemblies can justly be Chargeable with being 
" deaf to what Your Excellency has from time to time recom- 
" mended on that head. If those assemblies have differed 
" from Your Excellency and Council in their opinion touch- 
" ing the measures necessary for restoring the Peace of the 
"Colony, and have Conducted themselves agreeably there- 
41 unto, this We presume don't Indicate any Breach of Duty 
" in them ; but on the contrary, serves to Discover that they 



182 NEW JEESEY COLONIAL DOCUMENTS. [1749 

" have Acted by their own Judgment, which as a Branch of 
"the Legislature they have a Right to do, without being 
"accountable To the other Branches for the same, and if 
" their Measures have been more Mild than what some Gen- 
" tlemen would Prescribe, these Audacious Villains who dis- 
" turb the Publick Peace ought not to take any encourage- 
" ment from thence to persevere in their Destestable practices ; 
" but on the Contrary, in Duty to the King, in regard to good 
" Government and the welfare of the Colony, they ought to 
" return to their Duty and become peaceable Subjects ; and 
" all those who can by their persuasions and Influence con- 
" tribute towards this desirable end would do well to Promote 
" it, and this we shall each of us use our utmost Endeavours 
" to Advance and have some reason to expect will be effected. 

" We have lately received a Petition nearly in Substance 
" the same with one we are informed, hath been presented to 
"Your Excellency and the Gentlemen of his Majesty's 
" Council, from the two Persons mentioned in Your Excel- 
" lency's Speech, to have been Rescued from the Kings Goal 
" for the County of Essex, which Petition sets forth, that 
" after repeated application of the said Petitioners for a Tryal 
" without Success, and their long Confinement being preju- 
" dicial to them and their families, they the said Petitioners 
" were induced unadvisedly to depart the Goal by the Com- 
" miserating aid of others : But on further consideration they 
" the said Petitioners were convinced of the illegality of their 
" Proceedings, and thereupon have Submitted themselves to 
"their Confinement, praying the house to intercede with 
"Your Excellency for their immediate Tryal. That they 
"have Submitted to confinement appears confirmed by a 
"Certificate under the hand of John Style, keeper of the 
" Goal aforesaid. 

" If Your Excellency hag represented to his Majesty the 
" Measures taken by the late and present Assembly for bring- 
" ing this Colony into a State of Tranquility, as well as the 
" present Deplorable State thereof, we from thence conceive 
" our Gracious Sovereign will not impute any misconduct to 



1749] JOURNAL OP THE PROVINCIAL COUNCIL. 183 

" either of those assemblies : However as we are at present 
" unacquainted with what Your Excellency has represented, 
" as also what may have been represented on this head by the 
"Gentlemen of his Majesty's Council, We depend on his 
" Majesty's known Justice and Goodness to hear what the 
" assembly of New Jersey have to say in Defence of their 
" Conduct, before any thing be determined thereon. 

" Had the Gentlemen of his Majesty's Council assented to 
" any one of three Bills the Assemblies in the several Sessions 
"proceeding the present, for Enabling the Legislature to 
" Settle the Quotas of the Respective Counties in this Colony, 
" sent them for Concurrence, the Treasury might have been 
" Supplied before this time, or if they would have given their 
" assent to a Bill for that purpose sent them by this house for 
" Concurrence a few days past, we on our part would have 
" made further Provision for Supplying the Treasury with 
" all convenient dispatch ; and still are willing to do it, as 
" soon as We can have it done in an equitable manner ; But 
" as they still refuse their Assent to that necessary Bill, the 
" officers of the Government must ascribe the Injustice done 
" them, in being kept out of their Dues, to the Council, and 
" not to the assembly, who have Heretofore, as at this time, 
" provided for their respective Salaries and Sums of Money 
" due from the Colony. 

"We acknowledge what Your Excellency is pleased to 
" say of a good agreement amongst ourselves and its tendency, 
" and on our part shall endeavour to promote it, not only 
" because the Winter Season is approaching and our private 
" concerns will require our attendance, but because a Speedy 
" dispatch of the Publick business will ease the heavy bur- 
" then of Expense that attends long sittings ; and We thank 
" Your Excellency for the offer You make of Your Concur- 
" rence with what we shall judge Necessary to promote the 
" honour of his Majesty and the welfare of his Loyal Subjects 
" in this Colony committed to Your Care." 

By Order of the House, 

SAMUEL NEVILL, Speaker." 



184 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Several of the Members being of the People called ^ 
Quakers agree to the Matter and Substance of this V 
Address with their usual exception to the Stile. J 

The House Continued till, 



Monday, October 16 th 1749. 
The house mett, Present. 

The hon We James Alexander Thomas Leonard ^ 

Edward Antill VEsq rs 

Andrew Johnston Richard Saltar J 

This house taking into consideration the Message of the 
Assembly of the 13 th do observe, that that house does not 
deny but that the two Facts -pointed out by the Message of 
this house of the 12 th are implied by the words of the Support 
Bill there set forth ; and observe that the house of Assembly 
have not pointed to any act or acts now in being to enable 
this house with truth and Veracity to assent to and pass as 
their Act the parts of the said Bill which imploy those Facts, 
and are well assured that the house of Assembly cannot point 
to any such because none such are in being. And further 
observe, that the house of Assembly's, not knowing it to be 
the Case, that there was no money in the Treasury nor any 
likely to come into it by Virtue of Laws now in being, is far 
from being a reason sufficient for our Asserting the said two 
Facts, by our Assent thereto; thinking it should be our 
knowledge of Facts that should induce us to Assert them, 
and not the not knowing but that they may be true. We do 
further observe that if the Quota Bill had been passed by the 
whole Legislature and it had Enacted, that money should be 
raised by Virtue of it, Yet that would have been no Justifica- 
tion to this house to have asserted any Part of the first of the 
said two Facts, nor would that have Justified our Asserting 
the first part of the second Fact ; but as no Money whatso- 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 185 

ever is Enacted to be raised by the Quota Bill, far less would 
it be a Justification to Assert the said Facts. This house 
doth further observe that the house of assembly could have 
no just hopes at the passing the said Support bill, that this 
house should have assented to the Quota Bill in the form 
sent up, as by the Message is alledged, seeing they well know 
that this house Conceived it in that form, to be repugnant to 
one of his Majesty's Royal Instructions, and that would the 
house of Assembly have removed that one objection this house 
would have long ago passed it. Tho' liable to other strong 
objections And as the house of Assembly are pleased by the 
said Message and by their address (presented to his Excellency 
in Council on the 14 th Instant) to lay the blame of the not 
passing that Act and the want of Money in the Treasury, to 
the Charge of this house ; We think it incumbent upon us in 
Order to obviate those Charges, to give a brief State of Facts 
concerning that Bill ; by which it may be seen whether those 
Charges be Just. 

A Brief State of Facts concerning the Quota Bill. 

By the Printed Minutes of Assembly of January 21 8t 
1747, it appears, that the Council had assented to and passed 
that Bill and sent it down to the Assembly with three Amend- 
ments and desired their Concurrence thereto, whereon the 
Assembly agreed to the first of the three Amendments and 
disagreed to the second and third. 

By the same Minutes of February 10 th 1747, it appears, 
that the Council adhered to their said second and third 
Amendments and requested a Conference ; but the Assembly 
refused to confer with them thereon. 

By the same Minutes of December 2 nd 3 rd and 7 th 1748 it 
appears that the Council had assented to and passed a second 
Bill of the same Tenor, with Sundry Amendments and 
desired the Concurrence of the assembly to the Amendments ; 
and that that house rejected the Amendments, and that the 
Council Adhered to their Amendments. 

By the Minutes of Assembly of December 13 th 1748, page 






186 NEW JERSEY COLONIAL DOCUMENTS. [1749* 

52, it appears, tbat the Council concerning that matter by a 
Message of the 12 th acquainted the house of assembly in 
these words. 

" The Law to ^Enable the Legislature to settle the Quotas of 
" each 'County,' might have been had last Session at Burling- 
" ton and may still this Session be had, for no difference on 
" that head was, or is between the two houses but upon one 
" of his Majesty's Royal Instructions to His Excellency to this 
" purpose, Viz* That he shall not give his Assent to any Act 
" which lays any Tax upon unprofitable lands. The Quota 
"Bill as sent up to this house did, in the opinion thereof, 
" break in upon that Instruction (tho' both Houses were Pre- 
" viously furnished by his Excellency with a Copy of it) The 
" words in the Bill as it came up were nearly these. All 
"profitable Tracts of Land held by Patent Deed or Survey 
" whereon any inprovement is made were to be Taxed ; this 
" house conceived those words gave Room to break in upon 
" the said Instruction by giving too great a Lattitude to the 
" Assessors ; for there are few Tracts but what Contain some 
"unprofitable Lands, and if any, it was Contrary to that 
" Instruction to Tax them. The Bill was sent down to the 
" Assembly amended so as they Conceived would be agree- 
" able to the said Instruction. The house of assembly rejected 
" the amendment, and this house sent the Bill back to them 
" with an adherence to the amendment, & it lies at the door 
" of the assembly to demand a Conferrence on that head, and 
" we declare it, as our opinion, that the Bill ought to be as 
" Yet passed this Session with or without a Conferrence, upon 
" the assemblies agreeing in any manner to make it Conform- 
" able to the said Instruction, for in this time of danger, and 
" when Supplying the Treasury is so necessary, We think in 
" anything that may tend to that end, that Ceremonies are 
" not to be insisted on. We declare ourselves also ready to 
" agree to shorter times for having the Quotas returned, than 
" in that Bill are mentioned, seeing that Bill, were it passed, 
" cannot Enable the Legislature by any other Act to bring 
" any money into The Treasury in less than a Year to come, 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 187 

" and no money is now in the Treasury, either for the usual 
" Charges of Government, or for the Extraordinary Neces- 
" sities thereof, at this time when it's so much wanted. 

" We cannot but observe, that there's an absolute necessity 
" at this time of Supplying the Treasury for the above extra- 
" ordinary Charges of Government at any possible rate ; and 
" we make no doubt that there [are] many ways of doing it 
" forthwith, without the aid of that bill ; such as a short Act 
"impowering the Treasurers to borrow Money at Lawful 
" Interest on their Notes and upon that Act ; and we doubt 
" not but that any Sum needful could in a few weeks by that 
" means be raised." 

"By the Minutes of Assembly of March 14 th 1748/9 it 
" appears, that a third Bill was brought in for the same pur- 
"pose, which the Council had assented to and passed with 
"one amendment and desired the Concurrence of the As- 
" sembly thereto ; and that that house rejected the said 
" Amendment. 

By the Minutes of March 16 th 1748/9 page 26 th 27 th it 
appears, that the Council sent to the assembly a Message for 
a Conferrence, by which the amendment insisted on by the 
Council appears verbatim which Message is in these words. 

"A Message from the Council by M r Smith in the words 
" following. This house taking into consideration the Mes- 
" sage from the house of Assembly delivered this Morning by 
" M r Lawrence and M r Hancock in relation to the amend- 
" ment made to the Quota Bill in these words." 

" Whereas by the Royal Instructions to his Excellency the 
" Governor he is directed in these words. 

"Provided Always, that you do not consent to any Act or 
Acts to lay any Tax upon unprofitable Lands. 

1 It is hereby Declared, that nothing in this Act is meant, 
'or intended to break in upon the said Instruction, as to 
' warrant the Assessors to put any unprofitable lands into the 
1 said List or Account of things to be taxed/ 

"And this house Conceiving themselves in Duty bound 
" not to Deviate from, or pass any Law Contradictory to 



188 NEW JERSEY COLONIAL DOCUMENTS. [1749 

"his Majesty's Instructions, are unanimously of opinion, 
" that they cannot Consistent with the said Instruction, pass 
"the said Bill without that amendment; wherefore this 
"house doth unanimously resolve to Adhere to the said 
" Amendment ; and do order, that M r Smith do acquaint the 
" house of assembly therewith, and request a Conferrence upon 
" the Subject Matter of the said Amendment ; and acquaint 
" the house of assembly that this house have appointed M r 
" Alexander, M r Morris and M r Kemble a Committee to 
" Confer with such Comittee as the house of Assembly shall 
" appoint on the said Subject matter, and that the said Com- 
" mittees do meet at the house of John Trapnell in this City 
"to'morrow at five O'clock in the afternoon." 
"March 15 th 1748." 

By the Minutes of the same 16 th of March 1748-9 it 
appears that the Assembly refused the Conferrence requested, 
for reasons there mentioned, and as the Council conceived 
that so much of those reasons as were of any weight, were 
obviated by the messages herein before Set forth, they then 
declined daying further on that matter. 

By the Minutes of Council and Assembly of October 11 th 
Instant and by the Bill now before the Assembly it appears 
that a fourth bill was sent up to the Council, liable to the 
same objection as the third and that the Council had assented 
to it and passed it with an Amendment in the very words of 
the amendment before set forth, which they had made to the 
third bill, and requested the Concurrence of the Assembly 
thereto ; but they rejected the Amendment, and the Council 
Adhered to their amendment and sent the Bill back with it 
to the assembly, that if they pleased they might Demand a 
Conferrence. 

From these plain and undeniable Facts appearing in the 
assembly's own Minutes, and the said Quota bill now before 
that house it is evident, that the Council have hot refused 
their Assent to or to pass that Bill, and that the officers and 
Creditors of the Government cannot with truth ascribe the 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 189 

Injustice' done them to the Council, as by the Assembly in 
their said Message and Address is Groundlesly alledged ; and 
that the not passing the Quota Bill lies Soley at the Door of 
the Assembly ; for that by the Preceeding Facts it appears, 
that after the Assembly had agreed to one Amendment to it, 
they themselves twice dropped the bill by their refusing each 
time a Conferrence upon the other amendments to it when 
demanded by the Council; and they have once already 
droped it by neglecting to demand a Conferrence with the 
Council on the matter of the amendment ; and it is in the 
breast of that house whether they will now demand a Con- 
ferrence upon it, or drop the bill. 

The Quota bill, as it stands the Council conceived was 
liable all along, to another strong objection, for that it requires 
only the Quantity of Lands to be taken and put in the List 
of things to be Taxed; so that all Lands must be taxed 
according to their quantity and not their Value; Whereas 
it's notorious that there is so great a Diversity in Lands 
both in their Scituation and Soil, as to make one thousand 
Acres of Land often times more value than another thousand 
Acres even of Profitable Lands ; by which the owners of Poor 
land will pay ten times more Taxes for their Lands, than the 
owners of rich Lands are to pay in proportion to the Value ; 
how unequal such a Taxation would be is too obvious to need 
our enlargeing upon it. 

Ordered, 

That M r Kemble do Carry the above Message to the house 
of Assembly, 

The House continued till, 



Tuesday, October 17 th 1749. 
The house met, Present, 

The Hon ble James Alexander Thomas Leonard ^| 

Edward Antill VEsq r 

Peter Kemble Richard Saltar J 



190 NEW JERSEY COLONIAL DOCUMENTS. [1749 

M r Kemble reported, that he had delivered the Message of 
Yesterday, M r Alexander laid before this house, the Depo- 
sition of Robert Lettice Hooper Esq re one of his Majesty's 
Justices and Clerk of the Peace for the County of Somerset, 
taken before him the 12 th Instant, by which it appears, that 
at the General Quarter Sessions of the Peace for the County 
of Somerset Held the third day of this Instant Month, one 
Thomas Clawson 1 a Person Indicted of high Treason was 
Sworn of the Grand Jury of that County and that the Court 
being informed thereof by the Deputy Attorney General and 
that he had issued several processes against him which were 
returned Non 'est ; the Sheriff Alledged he knew him not, and 
that it was his Deputy who had returned him of the Jury. 
The Court recalled the Grand Jury Ordered the said Claw- 
sons name to be Struck out of the Pannel and the Sheriff to 
take him into custody ; but being supposed in Liquor he did 
not move to obey the Order of the Court, the Court then 
ordered one Post the Deputy Sheriff to take the said Clawson 
into Custody, who also delayed moving to obey the Order, 
tho' often asked by the Court, why he did not obey the Order 
and take said Clawson into Custody ? till the said Clawson 
went off; when the Court commanded the Constables to ap- 
prehend him, who with the Deputy Sheriff followed him and 
as the Deponent believes only to the house of the Deputy 
Sheriff near the Court house, where the said Clawson got up 
an Axe and threatned to Split any mans Scull that dared to 
take him, whereupon he got his horse from the said Post's 
and Rode off; on their return and report of Clawson's escape, 
the Court asked Post the Deputy Sheriff how he dared to 
return such a Person of the Grand Jury? he answered he 
thought that Matter had been all over ; the Court asked him 
why he had not taken him? he answered Clawsons threat- 
nings with the Axe. 

Ordered, 

That the Secretary do lay the said Deposition before his 
Excellency that he may take such Measures as he shall think 

"~M3ee N. J. Archives, VII., 447. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 191 

proper to bring the said Sheriff to better behavour and to the 
Choosing more fit Deputies. 

Mess" Antill and Leonard laid before this house the Depo- 
sition of Casparus Prior of Bergen, taken before them the 
14 th Instant, by which he alledges, that a Road being hereto- 
fore illegally laid out thro' his Orchard to his great damage, 
before it was opened he procured twelve Surveyors according 
to Law to View it and alter it, ten of whom on the 24 th of 
March last did agree and Sign an alteration of it to another 
place, as by the Certificate so Signed and Certified to be 
recorded by the Clerk of the County of Bergen appeared, 
Yet notwithstanding the alteration, on the 23 rd of May last 
ten white Men of Bergen with four or five Negroes came, 
and in a Riotous manner did pull up, tear and cut down the 
deponants Fences ; whereupon he complained to the Grand 
Jury of Bergen on the first Tuesday of this present Month 
and by Sundry Credible Witnesses proved the said Riot, and 
Yet the Grand Jury found no bill against them. 

Mess Alexander Johnston and Saltar, laid before this 
house the Depositions of Eliphalet Johnson and Daniel 
Pierson Esq res Justice's of Essex County, of John Chandler 
and Elijah Davis chosen Freeholders of that County, of John 
Styles Deputy Sheriff and Goalkeeper of that County, and 
of John Johnson Senior of Newark all taken before them 
the 14 th Instant, by which it appears, that the Justices and 
Freeholders of Essex County met at Newark about the tenth 
of July last at the desire of Burwell and Ball two Persons 
for high Treason in the said County Goal, in Order to Con- 
sider whether they ought to Petition his Excellency the 
Governor for a Special Commission For tryal of the said two 
Prisoners, who considering that there were a multitude of 
other Rioters and Criminals liable daily to be taken, it would 
become an Endless Charge and Trouble to the County to 
have a Court for so few as two Persons; wherefore they 
agreed, that if a great number of the Rioters would sign a 
Petition to his Excellency promising Submission to the Court 



192 NEW JEKSEY COLONIAL DOCUMENTS. [1749" 

and to take their Tryals, that then they would Petition His 
Excellency and meet on Notice for that Purpose, on Signing 
said Petition by the Rioters ; and the said Justices and Free- 
holders drew such Petition and delivered it to a brother of 
one of the prisoners to Carry about amongst the Rioters and 
get it signed, but none Signed it except the said Burwell and 
Ball the Prisoners, and therefore no further Meeting was had 
of the Justices and Freeholders for the Purpose before : By 
those it appears, that in the night of the Saturday following 
the Goal of Newark was Violently broke open by Persons 
disguised and unknown, and the said Burwell and Ball were 
from thence then Rescued. 

By several of these Depositions 1 it appears, that the Depo- 
nents believe, that about one third part of the People of the 
County of Essex are Rioters, and that many more have been 
favourers of them, and that most People of the County of 
Essex are by blood or Marriage related to some of the Rioters, 
and that they believe there are not two Juries to be found in 
the County of Essex, that are not either Rioters, or related 
to some of them, that a great Number of the Rioters hold 
their Lands by Titles under the Proprietors, many of whom 
having been asked by Sundry of those Witness why they 
Joined with the Rioters ? gave for reason, that they thought 
their Neighbours oppressed by the Suits of the Proprietors, 
that one Vincent such a Rioter being asked by John Styles 
why he Joined with the Rioters? answered, when you see 
two boys a fighting would not You naturally Join with the 
weakest, and gave no other reason. John Styles says he has 
not made a very Exact Estimate of the numbers of the 
Rioters in Essex and their Circumstances, Yet verily believes, 
that one half of the Rioters in that County have no other 
Titles than Patents and Surveys under the Proprietors, that 
about a Quarter part have both proprietary right and Indian 
Right, that of the remaining Quarter great numbers have no 
Pretence to any right either Proprietary or Indian, and but 
very few have Indian Right only. Daniel Pierson says he 

*See N. J. Archives, VII., 429-451. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 193 

was one of the Justices present who made the Records of the 
two first Riots at Newark in September 1745 and January 
1745-6, that he Conceives himself well acquainied with the 
Numbers of the Rioters in the County of Essex and their 
Circumstances ; from the observations which he has had an 
opportunity of making for four Years past, and from the best 
Judgement he can make he believes that to Divide the Rioters 
in the County of Essex into five parts, there are three of those 
five parts who hold their Lands by Patents and Surveys 
under the Proprietors, that some of them he has talked to, to 
know why they Joined the Rioters? who answered, they 
Conceived their Neighbours wronged and would assist them 
and See it out, and owned they had no Interest in the matter. 

That one other fifth part of the Rioters he believes have 
no pretence whatsoever to any Land, either by Indian Pur- 
chase, or under the Proprietors, and that fifth part make 
twice as much Destruction of the Timber as all the other 
four fifths put together, and get their living chiefly by plun- 
dering the Timber of other Peoples Lands. That of the re- 
maining fifth part of the Rioters he verily believes that two- 
thirds of that fifth sat down on Lands without any Title, or 
leave from any body, and lately soon before or since the Riot- 
ing began have Acquired Indian Deeds, and that not above 
one third part of the said remaining fifth sat down Originally 
on pretence of Indian Deeds, believes that not one third of 
the men of the County of Essex are Rioters, tho' many more 
he believes wish them well, and verily believe, there's Scarcely 
a Man in the County of Essex but what is related by blood 
or Marriage to some one or other of the Rioters, except some 
Straglers lately come into the County. 

And [then] was laid before this house the Examinations of 
Aaron Ball and Theophilus Burwell Prisoners for Treason 
in the Goal of Essex at Newark, taken before Robert Hunter 
Morris Esq r Chief Justice the 11 th Instant, the said Ball 
denies the knowledge of any of the Persons who broke open 
the Goal and rescued him in July last. That on the Sixth 

13 



194 NEW JEESEY COLONIAL DOCUMENTS. [1749 

Instant he with Theophilus Burwell signed three several 
Petitions to the Governor Council and assembly Praying for 
their Tryals That the Petitions were Signed at the house of 
Joseph Roberts in Newark about three Miles from the Goal, 
and that Joseph Camp Joseph Day, Joseph Roberts and 
Eleazer Lampson were present. That on the tenth Instant 
was brought to them three other Petitions like the former, 
and was told that their Signing the other Petitions while out 
of Goal was not sufficient, and those they then Signed. 

Theophilus Burwell by his Examination says, that on the 
15 th of July last he was told that he and Ball should not be 
long in Goal, believes it was by Ezekiel Johnston, and he 
understood thereby that the Goal was to be broken and they 
rescued, because it was said they were not to have their Tryals 
till his Majesty's Pleasure should be known. That they were 
rescued that night Denies knowledge of any of the persons 
That he was informed that Thuel Pierson, John Vincent and 
Joseph Lindsley were the Persons who carried about the 
Petition which had been drawn by the Justices and Free- 
holders for the Rioters to sign and that they Carried it to 
several of the Mobb to sign Spending two days for that Pur- 
pose, but could not prevail on any one to sign except him 
and the said Ball. That the Examinant was sent for at a 
Meeting of the Committee, where was present John Cundit, 
Joseph Day, Nathaniel Wheeler, Stephen Morris, Thomas 
"Williams, Samuel Harrison and Joseph Roberts, when said 
Committee persuaded the Examinant to return to Goal and 
Petition for a Tryal ; and that the next day being the Sixth 
Instant [he was seen] by Joseph Pierson and Thuel Pierson 
who told him that it was the desire of the assembly he should 
do it which he accordingly did. 

And was laid before this house the Deposition of John 
Rolfe Esq r one of his Majesty's Justices of the Peace of the 
County of Essex, taken the 16 th Instant before James Alex- 
ander, Andrew Johnston and Richard Saltar, who agrees 
with the preceeding Witnesses in Substance as to the meeting 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 195 

of the Justices and Freeholders for Petitioning for a Com- 
mission, and Sets forth the Substance of the Petition, which 
he and Captain Hampton drew for the Rioters to Sign, at the 
request of the Justices and Freeholders, Viz* 

That the Subscribers had been accused of Sundry Crimes, 
some of assembling themselves together in a Riotous manner 
and breaking Goals and rescuing Prisoners therein committed, 
others of turning People forcibly out of possession, and of 
Sundry other Crimes ; Praying His Excellency to Grant such 
Commission as before, for their Tryals and promising Sub- 
mission to the Jurisdiction of that Court and the Deponant 
declares he is verily of opinion, that it's scarcely possible to 
find a Man in the County of Essex, except it be a few 
Persons lately come into it who have hardly any Settlement 
but what are related by Blood or Marriage to some one or 
other of the Rioters. 

M r Saltar from the Committee to whom the Bill Entituled, 
An Act for the Support of the Government of His Majesty's 
Colony of New Jersey for one year, was referred, reported 
that the Committee had gone through the same and had made 
several amendments thereto which he was ready to report, 
when the house should be pleased to receive the same. 

Ordered, 

That the report be made immediately. 

Whereupon he read the amendments 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, were agreed to by the 
house and Ordered to be Engrossed. 

M r Saltar also reported, that he was Ordered by the Com- 
mittee to lay before this house the reasons which induced 
them to make the amendments to the said Bill, in the words 
following. 

To such Agent or Agents as shall from time to time by 
Legislative Act be appointed for transacting the Publick 
Affairs of this Province at the Court of Great Britain. 



196 NEW JEKSEY COLONIAL DOCUMENTS. [1749 

Which reasons are as follows, Viz* 

1 st For that by his Majesty's Instructions things of differ- 
ent natures ought not to be blended and mixed together in 
one Bill but the raising money for payment of an Agent is a 
thing quite Different in it's nature from the appointment of 
and directions to an Agent, and therefore ought not to be in 
the same Bill ; 

2 d For that the house of Assembly pretend to Admit of 
no Amendment by this house to a Money Bill, which was 
never admitted by this house to be a Just pretention, but has 
often been Vigourously opposed and Yielded in some Instances 
by the house of assembly ; and the like Pretentious have 
several times been Deemed Vain and Groundless by the 
Lords Commissioners for Trade and Plantations, as appears 
by Letters formerly entered in the Minutes of this house, 
and Particularly in that entered in February 1747/8 wherein 
they say the same point has been determined so by his 
Majesty; and Yet notwithstanding the house of assembly 
have often taken advantages of the distress of the Govern- 
ment for want of money, and have Added things to money 
Bills of quite different natures and pernicious in themselves, 
so that the Council has been often obliged to pass such Bills, 
rather than suffer the distress to continue. But as no Money 
is now in the Treasury unappropriated by former Acts, nor 
is there any Money by any Act now in being Enacted here- 
after to come into the Treasury but what is already appro- 
priated, tho' this Government was never in greater distress 
for want of money, Yet the passing this Bill for the reason 
before, can no way tend to remedy it. 

3 rd For that the house of Assembly may as well pretend to 
the nomination of all the Officers of the Government ; and 
to the taking the Executive Powers thereof, wholly into their 
own hands, as to the appointing an Agent to Act for this 
Province, by a Money Bill without any Previous consent or 
Advising with the other Branches of the Legislature, as to 
the person of the Agent, or the directions from time to time 
to be given him. 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 197 

1 st For that it would be against all reason at this time 
when this house found itself under a Necessity by their 
Oaths to Lay before His Majesty the neglect of the assembly 
in Relation to the Traitors, Rioters & Counterfeiters in this 
Province, that that application of the Council should be at 
A Private charge, and the assembly's defence at the Public 
Charge, which would in effect be the Case by allowing to the 
Assembly the Sole nomination and direction of an Agent paid 
by the Publick Money of this Province. 

Which reasons being considered of by this house, it is 
ordered they be entered in the Minutes thereof. 

The house continued till, 



Wednesday, October 18 th 1749, 
The house met, Present, 

The hon ble James Alexander Thomas Leonard ^ 

Edward Antill VEsq* 

Peter Kemble Richard Saltar j 

The Bill Entituled, An Act for the Support of the Govern- 
ment of his Majesty's Colony of New Jersey for one Year & 
with the Engrossed Amendments being read a third time. 

And the Question put. 

Resolved, 

That the same as amended do Pass. 

Ordered, 

That the Speaker do sign the same. 

Ordered, 

That M r Saltar do carry the said Bill with the Amendments 
annexed to the house of Assembly and desire their Con- 
currence to the said Amendments. 

The house Continued till 



198 NEW JERSEY COLONIAL DOCUMENTS. [1749 

Three O'Clock P. M. 
The House met, Present 

The hon ble James Alexander Peter Kemble ^ 

Edward Antill VEsq" 

Alexander Johnston Richard Saltar J 

M r Saltar reported, that he had obeyed the Order of this 
house of the forenoon. 

A message from the house of assembly by M r James Smith 
and M* Bispham. 

"October 18 th 1749. 

" Ordered, that M r James Smith and M r Bispham do wait 
" on the Council and acquaint them, that this house taking 
" into consideration the message of the Council of Yesterday 
" by M r Kemble do observe with some concern how fond they 
" are of making use of the assemblys not pointing out to them 
" the Acts now in being, to Enable them as they say, with 
" truth and Veracity to assent to and Pass, as their Act the 
" parts of the said [Bill] for support of Government, which 
" they say imply the Facts they mention ; These Facts as the 
" Council are pleased to Term them, are the same in this Bill 
" as they were in the Bill for Support of Government of last 
" year, and were then by their Passing that Bill thought by 
" them not to be inconsistent with Veracity and truth, and 
"why they are so now more than they were then, the house 
" are at a loss to know except it proceed from an inclination 
" in the Council to stop the Passage of that Bill and thereby 
" prevent the Government being Supported, which they would 
" willingly hope is not the Case. 

"As those Facts are incerted in the Councils message of the 
" 13 th Instant on this head, they need not be again repeated 
" to shew that nothing therein contained either is in the assem- 
" bly, or would be in the Council inconsistent with truth and 
" Veracity to assert, and this they think every person that 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 199 

" will impartially peruse them will conclude them to be the 
" case notwithstanding the Council are pleased to Assert, that 
" they are well Assured that the house of Assembly cannot point 
" to any such Acts, because none such are in being ; the intel- 
" ligent Manner of wording that Bill with the knowledge the 
" Council might have of the possibility of money coming into 
" the Treasury, to Answer in part if not in the whole the pay- 
" ments confessed by that Bill to be due to the Officers of the 
"Government, the Assembly thought might have excused 
" them from pointing 6ut the facts the Council are pleased to 
" call by that name, Yet for the sake of setting this matter in 
" a true light and to shew that the Assembly have done what 
" they could do, to Support the Government, We shall first 
" observe, to such as are willing to understand us, that there 
" is yet an Act in being for making forty thousand Pounds 
" approved by his Majesty ; from the Loan of that Money 
" Interest is Yet arising and payable into the Treasury, Sub- 
"ject to be applied as by this Bill is directed to Support of 
" Government, the Council may Object that the province is 
" more in Debt than that money will pay, it is true, we know 
"it, at the same time we also know that the payment of that 
" Debt might be Postponed for some Years longer, and in this 
" our distressed Condition the said Interest Money made use 
" of as it hath heretofore been for the Support of Govern- 
" ment ; we think the Council could not but know that they 
" Joined the other Branches of the Legislature in passing a 
"Bill in the Year 1747, for making Current 40,000 which 
" was sent home for his approbation, We presume the Council 
" cannot yet know that that Bill has been disapproved by His 
" Majesty, neither can they foresee but his Majesty may ap- 
" prove the said Bill, nor but that he hath done it before this 
" time, in which Case, how can they with Veracity and truth 
"say none such are in being; if that Bill should be assented 
" to by His Majesty the Interest money arising from thence 
" is Subjected to and would pay the money given in this Bill, 
" in Case the Assembly cannot obtain a Quota Bill to Enable 



200 NEW JERSEY COLONIAL DOCUMENTS. [1749 

" them to do it sooner ; From all which it will plainly appear 
" that the Council are not under any necessity of Assenting 
" to said Bill from the Assembly's not knowing but that the 
" Facts may be true <&c, but that they might have had knowl- 
"edge of their own Sufficient to have Supported them in 
" assenting to such Facts as that Bill Contains, and may Yet 
" do it if they see fit. 

" What the Council say concerning the Quota Bill's not 
" Enabling them to Assert the facts they mention if it had 
" passed into a Law is already sufficiently answered to the 
" intelligent reader ; it will suffice for the Assembly to say 
" that it would have answered all the Salutary ends set forth 
"in the message of this house of the 13 th Instant to the 
" Council. 

"As the reasons offered to the Council by the Assembly in 
" March /last from their dissenting to the Amendment so 
" called of the Council to the Quota Bill, and clearing that 
" Bill from infringeing on the Instruction there mentioned, 
" remain this time unanswered, the house of Assembly had 
"hopes at the passing the Support Bill, that the Council 
" would have Assented to the Quota Bill in the form sent up, 
" from the reasons made use of in that message, which in the 
" long State of Facts they have taken the pains to Collect, we 
" observe they have carefully avoided to recite, and therefore 
" to revive them in their Memory, we shall recite them as 
"follows. 

"March 16 th 1748/9 

< Ordered 

< That M r Spicer and M r Fisher do wait on the Councill 
( and acquaint them that this house having deliberately Con- 

< sidered their Message of this day are of Opinion that notwith- 
' standing the Motives this house acted upon in refusing their 
' Amendment to the Bill to Enable the Legislature to settle the 
' Quotas are in themselves sufficiently just and reasonable, Yet 
( as the Council seem to look upon them in another light, we 

< esteem it Necessary to Declare that the Bill as passed by this 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 201 

'house is not only Conformable to former Laws of this 
' Province, but in the part proposed to be amended is fully and 
'clearly expressed, and that the Royal Instruction as related 
s in the Councils Message doth [not ?] (as we Conceive) at all 

* Clash or interfere with the words used by this house in the 

* said Bill ; which words amongst other things in Declaring 
' what may hereafter be made Taxable are as follows, the 
'whole of all profitable Tracts of Land, held by Patent 
' Deed or Survey whereon any improvement is made. As 
'the Natural and obvious import of these words as they 
' stand in the Bill is only to Enable the Legislature hereafter 
' to know the quantity of Profitable Tracts of Land whereon 
' improvement is made, and as the Royal Instruction forbids 
' the Governor to give his assent to Tax unprofitable Lands, 
' that is, as the Taxing profitable Lands only, and the not 
' taxing unprofitable Lands, seems in no respect inconsistent 
' with each other. We are at a loss to Account for the differ- 
' ent Sentiments upon this Matter, or why the Council should 
4 unanimously be of opinion that they cannot Consistent with 
' the said Instruction pass the said Sill without their amend- 
' ment ; especially as there appears such a Necessity of the 
' said Bill at this time to Support Government and discharge 
' the Debts of the Province, and which is the third of the 
' kind passed by this and the last Assembly within fifteen 
' Months past. And besides that experience proves it to be 
' Clear from any ill consequences, the allowing the Governor 
' to have been the proper Judge of his own Instructions in 
' this matter could have been of no great disadvantage, as 
' the alteration proposed differs but little as to matter of Sub- 
' stance, at least in the opinion of this house, who notwith- 
' standing cannot but set too just a value upon the natural 
' Rights and Priviledges Invested in the representative body 
'of this Province, than to Consent to any alteration in a Bill 
' which so nearly Affects the Priviledges of the people we rep- 
' resent ; in which we hope to be Excused by the Gentlemen 
4 of the Council, however fond they may be of making the 
' thing in dispute of as much Consequence as actually laying 



202 NEW JERSEY COLONIAL DOCUMENTS. [174& 

'a Tax. This house however upon the whole do unani- 
1 mously refuse to Confer upon a Subject that is really laying 
' a foundation for it. 

"And notwithstanding what they now say of so much of 
" the reasons as were of any weight being obviated by the 
" message hereinbefore set forth, the assembly are of quite a 
" Contrary opinion, and that what they have now said hath 
" no tendency to obviate the reasons of that message, neither 
"will the Council be able to shew reasons to obviate the 
"Facts therein contained, which have by long Experience 
"obtained the universal approbation of the Inhabitants of 
" this Colony. 

" The long State of Facts set forth by the Council, serve 
" to shew how often they have Amended the Quota Bill in 
" such a manner as the several Assemblies could not agree to, 
" and also to shew that they have not refused their Assent to 
" the said Bill so amended ; the Assembly however, are not 
" Convinced but that the amending a Bill in such a manner 
" as they can by no means agree to it, is equally fatal to the 
" Bill so amended, as if they had refused their Assent to it. 

" To the other strong objection the Council say the Bill 
" was always Liable to, it is without foundation, one of their 
" own making, there being nothing in the Quota Bill relating 
" to the value of lands, neither anything that would hinder 
" the Legislature, which Enacts a Law for Levying a Tax, 
" from impowering the Assessors to put a Discretionary Value 
" on the Lands or other things, or or otherwise as that Legis- 
" lature shall think proper." 

"Tno 8 BARTOW Clk" 

M r Spicer and M r Fisher from the house of Assembly, 
brought back the Bill for Support of Government with the 
following message. 

"October 18 th 1749. 

" Ordered, that M r Spicer and M r Fisher do wait on the 
" Council with the bill for the Support of the Government 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 203 

"&c a and amendments made thereto by that house, and 
" acquaint them, that this house have .Resolved nemina con- 
"tradicente that the Council have no right to amend any 
"Money Bill whatever; therefore they do reject the said 
" amendments and adhere to the Bill, and that the house look 
" upon their amending the said Bill to be a manifest Infringe- 
" ment upon the Rights and Priviledges of this house, and 
" those whom they represent." 

"Tno 8 BARTOW Clk" 
The house Continued till, 



Thursday October 19 th 1749. 
The House Met, Present, 

The hon ble James Alexander Peter Kemble ^ 

Edward Antill Thomas Leonard VEsq rs 

Andrew Johnston Richard Saltar ) 

Ordered, that M r Saltar do Acquaint the house of Assem- 
bly, that this house taking into Consideration the Message 
from the house of assembly of the 18 th by M r Smith and M r 
Bispham, do observe thereon, that if this house Erred in 
passing of the Bill for Support of last year, It's a reason for 
repentance of that Error and not for repeating it, if we then 
Erred, we believe the minutes of both houses at that time will 
plead our excuse, as thereby it will appear, that other things 
of more moment engrossed our attention, and that the impa- 
tion 1 of the house of Assembly, left us too little tfrne to Con- 
sider that Bill. We do further observe, that tho' An Act 
for making forty thousand Pounds approved by His Majesty, 
be in being, and that from the Loan of that Money Interest 
is arising and payable into the Treasury, Yet no part of that 
Interest does now remain to be applied by former Acts of the 
Legislature This house observed no words in this Bill, nor 
in that of last year to repeal or postpone that application, and 

1 Impatience. 



204 NEW JERSEY COLONIAL DOCUMENTS. [1749 

if we had we should have Conceived it our Duty either by 
an Amendment to have Expunged them, or incerted a Clause 
declaring the Act not to take effect till the royal Assent [be] 
had thereto Pursuant to His Majesty's 19 th Instruction, com- 
municated by his Excellency t the house of assembly, on the 
28 th of November last. 

We do well know, that We joined the other branches of 
the Legislature in passing a Bill in the Year 1747, for making 
Current 40,000, and that that Bill had a Clause in it Declar- 
ing it of no Force till his Majesty's Royal approbation should 
be had thereto and we don't know, nor believe that that 
approbation is had, and therefore it is not such an Act in 
being, as Could Justify our asserting the Facts pointed out by 
our Message of the 13 th The possibility of It's being in force, 
being no Sufficient reason for us to assert it to be in Force, 
especially as this house is well informed, as we doubt not the 
house of assembly are, that that Bill is reported for his 
Majesty's Disallowance. 

This house is of opinion, that the Assembly's message of 
march 16 th 1748/9, now set forth at large in their said message 
of the 18 th adds weight to the message of this house of the 
17 th Instant, instead of obviating it. 

That there's nothing in the Quota Bill relating to the value 
of Lands, so the very objection we offered to it for the Value 
of a thing ought to be the rule for Taxation, and not the 
quantity of it as by the Quota Bill is now intended. 

M r Saltar reported, that he had obeyed the above order. 

The house taking into consideration the message of the 
house of assembly of yesterday by M r Spicer and M r Fisher, 
together with the amendments made by this house to the Bill 
for the support of the Government &c, Came to the follownig 
Resolutions. 

Resolved, 

That this house doth adhere to the said amendments 

Resolved, 

That this house hath a right to make all the said amend- 



1749] JOURNAL OF THE PROVINCIAL COUNCIL. 205 

ments to the said Bill, and that no persons whatsoever have 
a right to oblige this house to assert Facts contrary to truth. 

Resolved, That none of the amendments which this house 
hath made to the said Bill are any Infringement upon the 
Rights and Priviledges of the house of assembly, or those 
whom they represent. 

Ordered, 

That M r Saltar do carry back to the house of assembly the 
Bill for the Support of Government & together with the 
above resolutions. 

M r Saltar reported, that he had obeyed the above order. 

The house Continued till 



Thursday October 20 th 1749. 
The house met, Present 

The hon ble James Alexander Thomas Leonard 

Andrew Johnston f Esq rs 

Peter Kemble Richard Saltar 

His Excellency laid before the house the following message, 
which he had received from the house of assembly. 

"Ordered, 

" That M r Emley and M r Camp do wait on his Excellency 
" and acquaint him that the Council have proceeded in such 
" manner as to obstruct the passing the Bill for Support of 
" Government, which has put it out of the Power of the 
" assembly to do it at this time without giving up the Liberties 
" of the people ; and therefore they desire he will please to 
" dismiss them." 

Then the assembly were prorogued to Meet at Burlington 
on Thursday the 30 th November 1749. 



206 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

Pursuant to a Prorogation of the General Assembly His 
Majesty's Council for the Province of New Jersey Mett at 
Burlington 

On, Wednesday February 14 th ADom. 1749. 1 

Present 

The Hon bu James Alexander Tho" Leonard ^ 

Richard Smith VEsq 

John Rodman Richard Saltar J 

His Excellency came into Council, and Ordered the Deputy 
Clerk of the Council to require the Attendance of the House 
of Assembly in the Council Chamber. 

The House of Assembly attending His Excellency made a 
Speech to both Houses, and delivered a Copy thereof to the 
Speaker of the Assembly, & M r Alexander having begged of 
His Excellency the favour of a Copy thereof for the Use of 
this House, His Excellency answered, he would cause a Copy 
thereof to be made, and send it To'morrow. 2 

His Excellency laid before this House the Depositions and 
Copy of the Proclamation mentioned in His Speech Viz* 

A Deposition of Abraham Philipse of Horse Neck, taken 
before Samuel Nevill Esq r One of the Justices of the Supreme 
Court, upon the 9 th Day of December 1749, setting forth 
in Substance, that on the 9 th of November then last a Num- 
ber of People Named, whereof one had a Gun, did come to 
his dwelling House at Horse Neck, and Violently threatened 
to destroy him, and broke down several of his Fences and 
improvements before his face, whereupon the said Abraham 
Philipse with his aged Mother departed from His House 
for fear of their lives, and went to other Houses about two 
Miles off; and when they departed he the said Abraham 
Locked the Door of the House: That he returned next 

*The General Assembly was prorogued to meet on the 30th of November, 1749; 
but, for some reason unknown, it seems to have been still further prorogued. 
a See page 210 hereafter. 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 207 

Morning to his said House, & found a great part of the roof 
of his said House pulled off; the Door broke open and Car- 
ried away, his Hoggs gone, and a Stack of Oats, and a Stack 
of Corn Stalks and Flax ; and all the Provision and Fodder 
he had laid up for the Winter, burnt to Ashes ; which he 
verily believed to have been that night done by the said 
Rioters: That he was Several Days searching the Woods for 
his Hoggs, and at last found them, but he found One of them 
Dead, (to witt) a Breeding Sow : And that the said Deponent 
believed his refusing to join with them, in -taking a Man out 
of Goal, and refusing to have any Concern with them, and 
Declaring his intention to buy of the right Owners, was the 
occasion of his being thus abused. 1 

Also the Deposition of Thomas Gould, taken by the said 
Samuel Nevill, on the said 9 th of December Setting forth, 
that he hearing of the intention of Committing the said Riot, 
went in the Evening Privately to See the actions of the Riot- 
ers, and found that they were at a Fire about forty Rod from 
the House of said Abraham Philipse and heard them fire a 
Gun, four or five times in the Night ; that about Bed-time 
he went to the Door of the House of the said Abraham 
Philipse and found it fast, and upon his hearing the said 
Rioters coming towards the ^House, he retired ; that Soon 
afterwards he heard a Noise at the Door as if broken Open ; 
that the next morning at Sun-rise he went again to the House 
of said Abraham Philipse, and found part of the Roof of the 
House broke off; the Door broke open & gone; and a Stack 
of Oats, and a Stack of Corn-Stalks which stood near the 
said House, burnt to Ashes. 2 

Also the Depositions of John Haskell, 3 and Charles Russell, 
taken before John Coxe Esq re One of His Majesty's Council, 
on the fourth Day of January 1749, Setting forth, that on 
Tuesday the second of that Instant January, themselves and 
other Workmen Employed by Mess William Allen and 
Joseph Turner, went to Work on Part of the 3,000 Acres of 
Land by them Leased of the west Jersey Society, but in less 

. J. Archives, VII., 444. 2 Ibid., 375. Hackett, Ibid., 377. 



208 NEW JERSEY COLONIAL DOCUMENTS. [1749-50' 

than two Hours after they began their Work, they were 
Attacked by Six Men, who forbid them Cutting down Tim- 
ber, Alledging themselves to be the owners, as they had the 
Possession ; and that they would maintain it 'till the right 
was determined in England; and because they would not 
desist, one of them knocked down the head Workman, upon 
which a Fray Ensued ; and M r Allen's Men having Over- 
powered them, Carried them before a Magestrate, who Com- 
mitted three of them to Trenton Goal, they refusing to give 
Security ; Declaring the Mob would be their Security, that 
the said Deponants being in their way to the Constables, to 
Assist in Carrying the Prisoners to Goal, they Overtook 
About 20 Rioters with Clubs, and when they Came to the 
Constables they saw about 15 or 20 Rioters more, threatning 
to rescue the prisoners, and declaring they should not keep 
them in Confinement, but that they would come and Rescue 
them, and the Prisoners being Guarded and on their way to 
the Goal and finding the Rioters did not Attempt to put their 
threats in Execution Declared they were Satisfied they were 
gone to pull down the House and Furnace belonging to said 
Mess" Allen and Turner and often Declared they made no 
Doubt of being Rescued from Goal by the Rioters that Same 
week. 

And which Proclamation before mentioned is in these words. 

By His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief, in and over His Majesty's Province 
of New Jersey, and Territories thereon depending in America, 
Chancellor and Vice Admiral in the Same, & c 

A Proclamation 

Whereas it appears to Me, by Several Depositions I have 
received that two dangerous and Violent Riots have been 
lately Committed in this Province, the One in the County of 
Essex, and the other in the County of Hunterdon, and many 
threatning Speeches and Declarations have been made by the 
Persons Concerned in the same. 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 209 

These are in His Majesty's Name, to Command all Officers, 
Civil and Military, to be very Yigilent in Apprehending any 
Persons who have been concerned in the said Kiotts : And 
that the Sheriffs of the Several Counties, or other Civil Offi- 
cers, or any Colonel, or other Officer of the Militia in this 
Province, do immediately on Notice of any Biott or Violence 
intended to any of His Majesty's Subjects or their Estates, 
raise so many Men as shall be necessary to Oppose and 
Obstruct the Execution of such designs ; and do Apprehend 
the Persons concerned, and Convey them to the Goal of the 
respective Counties, where such unwarrantable Proceedings 
shall be done or attempted, in Order to their being brought 
to Justice. And all Officers Civil and Military, are required 
to Exert themselves Vigourously, on these and all Occasions 
of the like Nature. 

Given under my hand and Seal at Arms at Burlington, 
this twenty Sixth day of January, in the twenty third year 
of his Majesty's Reign. 

J BELCHER 

By His Excellency's Command, 

CHARLES READ, Secretary. 
God Save the King. 

The House Continued till 



Thursday, 15 th February ADom. 1749/50. 
The House Met 

Present 
The Hon ble James Alexander John Coxe -\ 

John Rodman Thorn 8 Leonard >Esq 
Richard Smith Richard Saltar J 

The above three Affidavits & Proclamation, were read this 
Day 

Ordered, 

That the same be delivered to M r Secretary to be delivered 

14 



210 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

by him to the House of Assembly, according to His Excel- 
lency 8 Order. 
The House Continued till 



Friday, 16 th February ADom. 1749/50. 
The House met Present 

The Hon ble John Reading Thomas Leonard ^ 

James Alexander > Esq rs 

John Coxe Richard Saltar J 

M r Reading reported that he had Obtained a Copy of His 
Excellency's Speech, delivered to both Houses on Wednesday 
last, which was read, and is as follows. 

Gentlemen of the Council & of the General Assembly, 

I am sorry to observe to You, that your late Session at 
Amboy was wholly taken up in Dispute and Contention 
among Yourselves and when it So happens the Publick Weal 
is commonly Neglected and injustice and Oppression follow ; I 
would therefore in the first Place Say, that Condescension is 
accounted the Glory of a Prince, and your Practizing this 
Vertue to one another, I am Satisfied, would have a Happy 
tendency to the Peace, good Order and welfare of this Pro- 
vince & People. 

Upon my receiving the Accounts of two Notorious Riots, 
lately Committed in this Province, I issued a Proclamation 
Commanding all officers, Civil and Military to be Aiding 
and Assisting in apprehending the Authors of these Outrages, 
that they may be brought to Justice and to their Condign 
Punishment ; the Affidavits and the Proclamation relating to 
this Affair the Secretary shall deliver You ; and if You can 
Suggest anything more that can be done by My Authority 
Singly, I shall Chearfully Pursue it : But would You Gen- 
tlemen heartily join with the Governor (I say the whole 
Legislature Unitedly) to Suppress this Spirit of Tumult and 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 211 

Sedition, I Doubt not but we Should See this Province in 
the Desirable State of Good Order and Tranquility. 

Gentlemen 

Where the fault Lyes that there has been no Money in the 
Treasury for a long time past is not for me to Determine ; 
But you must all be sensible that the Body Politick can no 
more Subsist without Proper Provision for its Support, than 
the Body Natural can live without what is necessary to Con- 
tinue it in being : I therefore hope, you will Unite in Some 
method for the Present Supply of the Treasury ; that such 
as have just Demands on the Province, may no longer have 
reason to Complain, or Suffer by an Empty Treasury. 

I have only to Add, that a good Unanimity will give 
Strength and Beauty to all your Proceedings in the Publick 
Affairs. 

Burlington J. BELCHER 

February 14 th 1749/50 

The House Continued till 

Monday February [19 th ] ADom. 1749/50. 
The House Met 

Present 
The Honourable James Alexander ^ 

Richard Smith VEsq" 
Richard Saltar J 

A Message from the House of Assembly, in the words, 
following Viz* 

" Ordered 

" That M r Cook and M r Hancock do carry the Bill Enti- 
"tuled, An Act to Enable the Legislature to Settle the 
" Quotas of the Several Counties in this Colony & to the 
" Council for Concurrence." 

By Order of the House of Assembly 

February 17 th 1749/50 SAM 1 SMITH Clk. 



212 NEW JERSEY COLONIAL DOCUMENTS. [1749-60 

The aforesaid Bill Entituled, An Act to Enable the Legis- 
lature to Settle the Quotas of the several Counties in this 
Colony & read the first time and Ordered a Second reading. 

The House Continued till, 



Tuesday, February 20 th ADom 1749/50 A.M. 
The House Met. Present. 



f Esquires. 



The hon ble James Alexander 
John Rodman 
Richard Smith 
Richard Saltar J 

The Question being put, whether the Second reading of 
the Bill Entituled, An Act to Enable the Legislature to 
Settle the Quotas & shou'd be delayed 'till a fuller House 
were had ? 

It was Carried in the Affirmative 

The House Continued till, 

February 20 th P. M. 

The House Mett 
Present as before with M r Coxe. 

The Bill Entituled, an Act to Enable the Legislature to 
Settle the Quotas & c was read the Second time and Com- 
mitted to the Gentlemen of the Council or any five of them. 

The House Continued till, 

Wednesday, February 21 st ADom. 1749/50 A. M. 
The House Met 

Present 

The Hon ble James Alexander John Coxe "j 

John Rodman VEsq 

Richard Smith Richard Saltar J 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 213 

M r Smith from the Committee to whom the Bill Entituled, 
An Act to Enable the Legislature to Settle the Quotas & c 
was referred, reported, that the Committee had gone through 
the same, and had made one Amendment thereto, which he 
was ready to Report, when the House will please to receive 
the Same. 

Ordered, 

That the report be made immediately 

Whereupon he read the Amendment in it's place and it is 
as follows, At the End of the Bill Add these Words. 

" Whereas, by the Royal Instructions to His Excellency 
" the Governor he is directed in these Words. 

' Provided Always, that you do not Consent to any Act or 
4 Acts, to lay any Tax on unprofitable Lands ' 

u It is hereby Declared, that nothing in this Act is meant 
" or intended to break in upon the said Instruction, or to 
" Warrant the Assessors to put any unprofitable Lands into 
" the said List or Account of things to be Taxed." 

Ordered, 

That the above Amendment be read a Second time. 

And the Amendment being read a Second time, was agreed 
to by the House and Ordered to be Engrossed. 

The House Continued till, 

February 21" P. M. 
The House Met 
Present, as before 

The Bill Entituled, An Act to Enable the Legislature to 
Settle the Quotas & with the Engrossed Amendment, being 
read the third time 

And the question being putt. ? 

Resolved. 

That the said Bill as Amended do Pass. 

Ordered, 



214 NEW JEBSEY 'COLONIAL DOCUMENTS. [1749-50 

That tfie Speaker do Sign the Same. 

Ordered, 

That M r Smith do Carry the said Bill, with the amend- 
ment made thereto, to the House of Assembly, and desire the 
Concurrence of that House to the said Amendment. 

The House Continued till, 



Thursday, February 22 d 1749/50. 

The House Met, 

Present, 

The Hon ble James Alexander John Coxe ^ 
John Rodman f 

Richard Smith Richard Saltar J 

M r Smith reported that he delivered the Bill Entituled, 
An Act to Enable the Legislature to Settle the Quotas & to 
the Speaker of the House of Assembly at three O'Clock yes- 
terday afternoon the House of Assembly not then Sitting. 

M p Coxe delivered to the Council the following Message 
from the House of Assembly, which he received from M r 
Mott and M r Mickle, this House not then Sitting. 

"Ordered, 

" That M r Mott and M r Mickle do wait on the Council and 
" desire to know what Progress they have made in the Bill 
" Entituled, An Act to Enable the Legislature to Settle the 
" Quotas & c " 

21 Bt 1749 SAM 1 SMITH, Clk " 



And that he told the Messengers that the said Bill with the 
Councils Amendment thereto had been sent down to them 
three hours before. 

His Excellency came into Council and having by the Secre- 
tary informed the House of Assembly that he was in the 
Council Chamber ready to receive the Address of that House- 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 215 

They Attended and delivered their Address in the follow- 
ing words. 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief, in and over His Majesty's Province 
of New Jersey and Territories thereon Depending in America, 
Chancellor and Vice Admiral in the Same & 

May it Please Your Excellency, 

We, His Majesties Duitiful and Loyal Subjects, the Repre- 
sentatives of the Colony of New Jersey, beg leave to observe, 
that We don't Conceive the late Sitting at Amboy, was wholly 
taken up in dispute and Contention, between the Council and 
this House If any thing passed which bore such resemblance, 
it was Chiefly owing to their infringeing upon our Privileges, 
in making alterations to the Bill for Support of Government, 
which had a tendency to deprive the House of the appoint- 
ment of their agent, at the Court of Great Britain ; and to 
Lodge too much power in the Gentlemen of the Council, in 
the disposal of the Publick money ; and thinks 1 of the like 
Extraordinary and Unprecedented Nature, but this did not 
occasion us to Neglect the Public Weal, but, on the Contrary, 
We, in a particular manner, applied ourselves to Sundry 
other matters (as our Journal will fully Demonstrate) which 
we esteemed Necessary to be deliberated upon for the Publick 
Good. We readily agree with your Excellency, that a pru- 
dent Condescension may be accounted the Glory of a Prince ; 
and on our part Shall Practice that Virtue towards the Gen- 
tlemen of his Majesty's Council, So far as we can Consistent 
with the trust reposed in Us ; further ought not to be desired, 
nor would it, (if Granted) be likely to Produce the peace, 
good order, and welfare of this Province and People. 

By the Affidavits mentioned in your Excellency's Speech 
We find fresh Outrages have been Committed, by Certain 
disorderly Persons, but those offenders, (by information) are 
now under prosecution for the same, and likely to be brought 

1 Things. 



216 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

to Justice, and Condign Punishment, by a due Course of 
Law ; which is the only thing we can Suggest to be pursued 
in this, and every other Case of the like Nature. And had 
your Excellency been pleased to issue a Conlission for the 
Tryall of those Persons under Confinement in the Goal for 
the County of Essex, according to our request last Sitting, 
it might have proved very beneficial, and still may (if pur- 
sued) greatly Conduce towards Suppressing this Spirit of 
Tumult : Speedy Tryals for the Punishment of Villany, and 
relief of innocence in distress, Seldom failing of having a due 
effect upon the minds of the People, nor of Establishing good 
Order and Tranquillity among them : 

Although your Excellency don't incline to Determine 
where the fault Lyes, that there has been no Money in the 
Treasury for a long time past, Yet we may, with truth and 
Veracity say, that it cannot be justly attributed to the House 
of Assembly ; because they, Maturely observing That the 
Treasury was greatly Exhausted, & the Colony much involved 
in Debt, through the Aid given to His Majesty, in the late 
War against the powers of France and Spain, the annual 
Decrease of the Interest Money, arising from the publick 
ffunds; the discharge of the high Salaries to the several 
Officers of the Government ; and the heavy burthen of ex- 
pence accrued by frequent and long Sittings of Assembly, 
did, (in order to prevent as much as possible the Complaint 
of an Empty Treasury) repeatedly pass, and Send to the 
Council for Concurrence, a Bill to Enable the Legislature to 
Settle the Quotas of the several Counties in this Colony, 
which not being agreed to by those Gentlemen, in the manner 
the House' thought reasonable, that Bill has hitherto been 
Defeated 

Without which the Debts of the Colony can be neither 
Discharged nor the future Support of the Government pro- 
vided for in an Equitable manner : Therefore, that nothing 
may be wanting on Our Part, We have once more Passed a 
Bill, to Enable the Legislature to Settle the Quotas, and Sent 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 217 

the Same to the Council for Concurrence ; which, if agreed 
to by them, and Passed by Your Excellency, We Shall then 
Endeavour to Supply the Treasury with all Convenient dis- 
patch, according to the best ability of the Colony : To the 
end all those who have any Just Demands thereon, may not 
Suffer by an Empty Treasury. We agree with Your Excel- 
lency, that a good Unanimity will add Strength and Beauty 
to the Publick Affairs, and on our Part Shall Endeavour to 
promote it 

By Order of the House 

SAMUEL NEVILL, Speaker 

Several of the Members of the House, being ^ 
of the People call'd Quakers, do concurr to I 
the matter and Substance of this Address, } 
but make their Usual Exception to the 
Stile 

Burlington, 

February 21 8t 1749. 

The House Continued till, 



Friday, 23 rd February ADom. 1749/50 
The House met 

Present 
The Hon ble James Alexander John Coxe ^ 

John Rodman Thomas Leonard >Esq rB 

Richard Smith Richard Saltar j 

M r Coxe informed the House that M r Emley and M r 
James Smith from the House of Assembly, had Yesterday 
delivered him the Bill Entituled, An Act to Enable the Legis- 
lature to Settle the Quotas & together with the following 
Message Viz* 



218 NEW JERSEY COLONIAL DOCUMENTS. [1749-5O 

"In the House of Representatives, February 22 nd 1749 
" The Bill Entituled, an Act to Enable the Legislature to 
" Settle the Quotas of the Several Counties & together with 
" the Councils amendment thereto, was read. 

"Resolved, Nemine Contradicente, that this House doth 
" reject the said Amendment, And Adhere to the Bill. 

" Resolved, Nemine Contradicente, that the Council have 
" no right to Amend the Said Bill, and that it is an infringe- 
" ment on the rights and Priviledges of this House, and the 
" People we represent, for the Council to Prescribe Ways and 
"Means how Money shall be raised on the Good People of 
" this Province, for the Support of Government and paying 
" the public Debts of the Colony 

" Ordered 

" That M* Emley and M r James Smith do carry the said 
"Bill and Amendment back to the Council, and acquaint 
" them with the above resolves " 

SAM 1 SMITH Cl k 

Which Bill and Message he had received from them this 
House not Sitting at the time, and delivered the same in at 
the table 

This House taking into Consideration the Message of the 
House of Assembly of Yesterday by M r Emley & M r Smith, 
together with the amendment made by this House to the Bill 
Entituled, An Act to Enable the Legislature to Settle the 
Quotas of the Several Counties in this Colony in order for 
Levying of Taxes from time to time as occasion may require 
for payment of the Publick Debts for Support of Govern- 
ment, and defraying the Contingent Charges thereof; came 
to the following Resolutions 

Resolved, Nemine Contradicente, that this House doth 
Adhere to the said amendment 

Resolved, Nemine Contradicente, that this House hath a 
right to make that amendment, and that the assertion of the 
House of Assembly, in alledging that it is an infringement 
on the Rights and Priviledges of their house and the People 



1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 219 

they represent for the Council to Prescribe Ways and Means 
how Money should be raised on the Good People of this 
Province for the Support of Government, and Paying the 
Publick Debts of the Colony, is Groundless and without the 
least foundation ; this House having made no Such attempt, 
but on the contrary, have only regulated their Conduct agree- 
able to His Majesty's Instruction, and according to what they 
Conceive to be their Duty, and is no way an infringement 
upon the Priviledges of the House of Assembly, or the lib- 
erties of the People. 

Ordered, that M r Smith do Carry back to the House of 
Assembly the said Bill with the amendment made thereto by 
this House together with the above Resolutions. 

The House Continued till 

Saturday 24 th February 1749/50 
The House Met, 

Present 
The Hon ble James Alexander John Coxe ^ 

John Rodman Thomas Leonard VEsq" 
Rich d Smith Richard Saltar J 

M* Smith reported that he had obeyed the Order of 
Yesterday 
The House Continued till 

Monday, the 26 th February 1749/50. 
The House Met 

Present 
The Hon ble James Alexander Thorn 8 Leonard ^ 

John Rodman >Esq" 

Richard Smith Richard Saltar J 

A Message from the House of Assembly, in the words 
following, Viz* 



220 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

" Ordered, that M r Crane and M r Learning do wait upon 
"the Council and desire to know if they have any thing 
" before them for the Consideration of this House, and Ac- 
" quaint Them, that if they have not, this House Designs 
" Soon to apply to His Excellency to Dismiss them." 
" House of Representatives ) " 8AM 1 SMITH Clk " 

" the 26 th February 1749 f 

In answer to the Message of the House of Representatives 
of this Day, Desiring to know if this House has any thing 
before it for the Consideration of that House & c 

Ordered that M r Leonard do acquaint the House of Repre- 
sentatives that this House had thoughts of making some 
remarks to the Assembly on their Address to His Excellency ; 
believing that some things therein Concerning this House 
are Groundless. But we decline it, thinking it a pity that 
the Country should be put to the Charge of the Sitting of the 
Legislature, any time for that Purpose, Especially considering 
that the Answers last Sitting at Perth Amboy to a like 
Charge there appearing by the Minutes of both Houses at 
that time may be a full answer. And therefore this House 
will not object to the application mentioned in the said 



The House Continued till, 

Tuesday, 27 th February 1749/50. 
The House Met, 

Present, 
The Hon ble Jam' Alexander Tho a Leonard ^ 

John Rodman VEsq" 

Richard Smith Richard Saltar J 

The House Cont till four o'clock P. M. present as before 
w th M r Coxe 

The General Assembly was Prorogued till Thursday March 
29 th 1750. 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 221 

At a Council held at Burlington in and for the Province 
of New Jersey, on Friday the Sixteenth day of February 
Anno Dom : 1749. 

Present 
His Excellency Jonathan Belcher Esq r 

The Hon ble John Reading Thomas Leonard ^ 

James Alexander f Esq w 

John Coxe Richard Salter J 

A Petition signed by a large Number of Persons of the 
Presbyterian persuasion residing within the County of Mon- 
mouth praying His Majesty's Grant of an Incorporation to 
the Petitioners by the Name of the Trustees of the Presby- 
terian Church of Monmouth County with such power and 
priviledges as may be thought proper was laid before this 
Board & Read. 

Ordered. 

The prayer in the said petition be Granted and that the 
Attorney General prepare a Draught of a Charter pursuant 
to the prayer of the Petitioners and lay it before His Excel- 
lency and Council with all Expedition. 



At a Council held at Burlington on Wednesday February 
21' Anno Dom : 1749. 

Present. 
His Excellency the Governor. 

The Hon ble James Alexander John Coxe ^ 

John Rodman Thomas Leonard > Esq 
Richard Smith Richard Saltar J 

His Excellency laid before the Board a Message he had 
received from the House of Assembly by M r Learning and 
M r Camp and desired the advice of this Board thereon. 

"Which Message is as follows. 



"222 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

" Ordered. 

" That M r Learning and M r Camp do wait on His Excel- 
" lency and acquaint him that some of the Freeholders of the 
" County of Burlington on the 20 th day of this Instant, pre- 
" ferr'd to this House a Petition setting forth that the Justices 
"and Freeholders of the said County pursuant to adjourn- 
" ment met on the 1 st day of August last at the City of Bur- 
" lington and agreed to raise on the said County, the Sum of 
" Sixty pounds at which time also the said Justice without 
" the Consent of the Major part of the Freeholders Ordered 
41 the Sum of ten pounds fifteen shillings towards paying the 
" late Coroners Inquests Wherefore the Petitioners desired 
" they might be called to Account to shew by what Authority 
" they disbursed Money for the purpose aforesaid Whereupon 
"the House ordered that the parties complaimed of to attend 
" on the 24 : of this Instant when it appeared that Robert 
" Smith Joseph Scattergeod, Kevell Elton Thomas Shinn and 
" Nathaniel Thomas Esq were the Justices complained of all 
" which appeared except Thomas Shinn who was Sick and 
" upon a full hearing of the parties the above Facts alledged 
"in the said Petition appeared to be true, Wherefore the 
"House desired to be informed of those Justices by what 
" authority they Acted in applying the Money aforesaid to 
" which they replied the Legallity of their Conduct would 
" depend on the Exposition of Several Acts of Assembly the 
"first of which is Entituled An Act for raising of Money for 
" Building and repairing Gaols and Court Souses within each 
"respective County of this Province. The Second An Act 
" Entituled An Act for the amending of the Laws relating to 
" High Ways and Bridges for Explaining certain Clauses in . 
" several former Acts concerning the power of the Justices and 
" Freeholders therein mentioned and for directing the Method 
4i of raising of Money to pay for the Bridge last built over 
"South River. In which there is an Explanatory clause 
" particularly Calculated for removing all doubts and Miscon- 
" structions relating to the power of the Justices and Free- 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 223 

" holders in each respective County about raising and apply- 
ing the public Money And the third & last An Act 
"Entituled An Act to Impower the Freeholders Chosen in 
t( 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 meetings of said Freeholders All 
" which said Acts together with Sundry others being duly 
"Considered by the House they were Unanimously of 
" Opinion the said Justices Conduct was Illegal not only 
"because they have Acted without the Consent of the 
" Majority of the Freeholders in applying y* Money afore- 
"said contrary to the directions of the said Acts but also 
" because they had applied it to a Use which by Law they , 
" were not warranted to do Therefore the House thought 
"it incumbent on them to insist upon the said Justices 
" to promise they would Act more agreeable to Law for the 
" future which after some time of Consideration two of them 
" (to wit) Revel Elton and Nathaniel Thomas promised to 
" do Whereupon they were dismissed paying their Fees but 
" the Answers of Robert Smith & Joseph Scattergood not 
" being Satisfactory but on the Contrary Artful and Evasive 
" and upon which no Solid assurance could be founded that 
" they would Act more agreeable to Law for the Future in 
"the Matter complained of than they have hitherto done, 
" The House therefore from a tender regard for the welfare 
" of the Inhabitants of this Colony and resolving as much 
" as in them lyes to transmit the Rights and priviledges with 
"which they have the Honour to be Entrusted Free and 
" Sacred to posterity do look upon themselves indispensably 
" obliged to declare that the said Application so made with- 
" out any Warrant of Law and without the Consent of the 
" Majority of the Freeholders is Arbitrary and illegal directly 
"tending to tke aggrieving His Majestys Subjects in this 
"County in particular and in it's Consequences (without 
" effectual and timely interposition) may also Greatly affect 



224 NEW JERSEY COLONIAL DOCUMENTS. [1749-50^ 

" the people in General by depriving them of their Vote by 
" the Freeholders in raising and applying such of the pub- 
"lick Money as by Several Acts of General assembly the 
" Freeholders chosen in each respective County or a Majority 
" of them in Conjunction with three Justices of the Peace 
" are Impowered to do an attempt to deprive y e people of a 
" Voice in the disposition of their own Money is not only a 
" high insult upon reason but also directly repugnant to the 
" Right of a British Subject and by all means to be Suppressed 
" in its first appearance least it should become a Growing Evil 
" and in time end in the Total Subversion of this Invaluable 
" priviledge ; The danger of which may be gathered from a 
" Consideration that if the Justices in each respective County 
" of this Colony can raise Money for the publick Uses upon 
" the Inhabitants thereof without the Consent of the Major 
" part of the Freeholders Contrary to Law those Gentlemen 
" may in time set up so many distint Legislative powers for 
" raising of Money upon the Subject without their Consent 
" and may also by the Same unlimitted Authority apply suoh 
" Money so raised to such purposes as they shall think fit 
"which unwarrantable proceedings if admitted of would 
" Naturally tend to abridge the Authority of the Legislative 
" power of this Colony, and in time might become dangerous 
" to His Majesty's Prerogative and the Welfare of his good 
" Subjects in this Colony : for all which reasons and because 
"the said Robert Smith and Joseph Scattergood have not 
" given Sufficient assurance of their Acting more agreeable 
" to Law for the Future in the matter complained of against 
" them the House desires your Excellency will be pleased to 
" remove them the said Robert Smith and Joseph Scattergood 
" from the Commission of the Peace to prevent such further 
" illegal proceedings as they may otherwise Commit ; and to 
" the End others may be deterr'd from Committing the like 

" for the future. 

By Order of the House 

SAM 1 SMITH Clk 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 225 

At a Couocil held at Burlington on Wednesday 28 : Febru- 
ary Anno Dom, 1749./50 

Present 
His Excellency the Governor 

The Hon ble John Reading Thomas Leonard ^ 

James Alexander VEsq 18 

John Coxe Richard Saltar J 

Ordered 

That M r Coxe and M* Saltar do Inspect the Journals of 
the House of Assembly and get Copys of so much thereof as 
relates to the affair of the Justices and Freeholders of Bur- 
lington County. 

M r Coxe and M r Saltar reported that they had obtained 
the said Copies. 

Ordered 

That the Clerk of this Board do give Notice to the said 
Justices that they attend this Board which he having done 
Revell Elton Robert Smith Joseph Scattergood and Nathaniel 
Thomas Esq 18 the Justices Committed by the House of Assem- 
bly attended and deposed as follows. 

" Burlington ss : 

" Joseph Scattergood of the City of Burlington being one 
"of the people called Quakers on his Solemn affirmation 
" which he took according to Law did declare that he this 
"affirmant being Served with an Order of the House of 
" Representatives for the Province of New Jersey to attend 
"that House as one of the Justices of the Peace for the 
" County of Burlington on Saturday the twenty fourth day 
"of February Instant at Nine O'Clock in the Morning 
" attended accordingly with Revell Elton Robert Smith and 
" Nathaniel Thomas Esq" Justices of the said County who 
" had likewise been Summoned to attend at the same time ; 
" That upon this affirmant and the other Justices appearing a 
" petition from some of the Freeholders of the said County 

15 



226 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

" (a true Copy whereof signed by the Clerk of that House 
" being hereunto annexed) was read to them That thereupon 
" this affirmant in defence of himself and the other Justices 
" above named alledged that the Ten pounds fifteen shillings 
"in the said petition named was ordered to be paid by a 
" Majority of the Freeholders present at the Board of Justices 
"and Freeholders present last and set forth that fourteen 
" Freeholders being present Seven of them voted for the pay- 
" ment of the said Money and that five Justices being present 
" all of them concurred that five Freeholders Voted in the 
" Negative and two others did not give any Vote which this 
" affirmant looked upon as an Indication of Consent to the 
"payment That this affirmant further in his defence said 
" that whether the Number of Seven Votes in the affirmative 
" and the assent of the two who were Silent were a Sufficient 
" Majority to make an Order of that Board or not he humbly 
" conceived was a Matter of Law which himself & his Breth- 
" eren the Justices as the proper Judges of that Board had a 
" right to determine that if they have Erred in a point of 
" Judgment they were not meerly for that answerable either 
" to the King or to the people that he humbly hoped that 
" Honourable House being but one Branch of the Legislature 
" would not take Cognizance of the matter nor take upon 
" them the Construction of Acts of Assembly. Upon which 
" the Honourable Samuel Nevill Esq r Speaker of that House 
" declared to the Freeholders Complainants that the Majority 
" of Votes for the Payment of the Money before mentioned 
" were not such a Majority as the Several Acts of Assembly 
" of the Province of New Jersey intended and that if at any 
41 time a Majority of the Freeholders chosen for the County 
" agreed to the doing anything which by Law they had a 
" right to do and that if three Justices would not Concurr 
41 therewith that the same Justices would be laid under a Rule 
" (or be called upon to show cause why they refused to Con- 
" curr upon which this affirmant saith that the parties were 
" ordered to withdraw and being called into the House again 
" in the afternoon the Clerk by Order of the Speaker read 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 227 

" the following proceedings and resolve of that House ss : 
" according to the Order of the day the House proceeded to the 
41 affair between the Justices and Freeholders of the County of 
" Burlington and the parties Concerned attending were fully 
" heard on both Sides the said Justices in their own Vindica- 
" tion and the parties against them after which they were 
" ordered to withdraw and then the House taking the Same 
"into Consideration the Question was put whether the said 
" Justices Conduct in proceeding to apply part of the Money 
11 raised on the said County without the Consent of the 
"Majority of the Freeholders Chosen for the said County 
" be illegal or not and it was Carried in the affirma- 
"tive Nemine Contradecente Resolved Nemine Contradecente 
"that it is the Opinion of this House that none of the 
"Boards of Justices and Freeholders in this Colony have 
"any Right, either to raise Money on the Inhabitants 
"or apply it after it is raised without the apparent 
"Authority and directions of some known Law and that it is 
"a Grievance where they Act without the said Authority. 
" Whereupon the Speaker told this affirmant and his Bretheren 
" the other Justices that it was the Opinion of the Legislative 
" Body of the Province that they had Acted contrary to Law 
" in Ordering the payment of the Money for Fees to the late 
" Coroner and that it was a Grievance but as that House were 
"tender of the Justices Supposing they Acted by Mistake 
" therefore that House expected that the said Justices would 
" promise to that House that for the Future they would Act 
" more agreeable to Law and required the Answer of this affirm- 
" ant and the other Justices thereto upon which this affirmant 
" saith he gave his answer that he Conceived he had Acted alto- 
" gether agreeable to Law and that he could not promise that 
" Honourable House to Act otherwise but this answer not being 
" Satisfactory this affirmant saith he was Ordered to attend 
" that House again on Monday the twenty sixth Instant at 
"ten O'Clock at which time he again attended and the 
"Speaker requiring his Answer he delivered his answer in 
" the following words ss : To the Honourable the House of 



228 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

"Representatives for the Province of New Jersey. The 
" Answer of Joseph Scattergood one of the Justices of the Peace 
" &c for the County of Burlington This respondent for the 
"Short time he has had the Honour to be in the Commission 
" of the Peace for the County aforesaid humbly is of Opinion 
11 that both as to matters of Law and of Fact as they have oc- 
" casionally Occurred to him in the Execution of his Office he 
" hath behaved uprightly according to the best of his Judgment 
" and hath the Answer of a good Conscience therein and he 
" Conceives that he cannot without Manifest Violation and 
" Insult to his understanding make any Promisses to this Hon- 
" ourable House to Perform his duty better for the future 
11 otherwise than as his knowledge in the Law shall be Enlarged 
" Jos Scattergood February 26 : 1749. Whereupon this affirm- 
" ant saith he was ordered to withdraw and being again called 
" in was told by the Speaker that his Answer was not Satis- 
" factory but that however he was discharged from further 
" attending that House on paying his proportionable Part of 
" the Fees to the Serjeant at Arms for Summoning himself 
" and the other Justices & Freeholders to attend that House 
"and that the House required his Answer whether he in- 
" tended to pay the Same Upon which this Affirmant saith 
" that he told the Speaker that he did not propose to pay the 
" Serjeant any Fees on which he was again ordered to with- 
" draw and this affirmant further Saith that in a Short time 
" after he was taken into Custody of the Serjeant at Arms by 
" an Order of that House in the following Words ss : In the 
"House of Representatives Feby 26: 1749/50. Ordered that 
" the Serjeant at Arms do forthwith take Robert Smith and 
"Joseph Scattergood Esqrs into Custody till they pay him five 
"Shillings each for Summoning them and the Freeholders 
" before this House together with what other Customary Fees 
" shall accrue By Order of ike House Saml Smith ClJc Upon 
which this Affirmant Saith that looking upon himself ag- 
grieved drew up a Writ of Habeas Corpus in Order to be 
" Bailed and got Joseph Hollingshead Esq r and John Deacon 
" to lay the Same with a Copy of his Commitment before the 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 229 

" Honourable Samuel Nevill Esq r one of the Justices of the 
" Supreme Court for the Province of New Jersey af d and to 
" request his allowance thereof and this affirmant saith that 
"the said Joseph Hollinshead informed this affirmant that 
" he had laid the said Writ of Habeas Corpus before the said 
" Justice with a Copy of the s d Commitment and that the 
lt said Justice told him the said Hollinshead that this affirm- 
" ant knew better than to offer anything of that kind to him. 
"Whereupon this affirmant saith y* he applied by his 
" Friends to the Honourable Charles Read Esq r one other 
" of the Justices of the said Supreme Court for the allow- 
"ance of his Writ of Habeas Corpus who allowed thereof 
"and this affirmant further Saith that after his Writ of 
" Habeas Corpus was allowed and Sealed (to wit) on the said 
" twenty sixth day of February Instant he delivered the said 
"Writ to Thomas Wetherill jun r one of the Serjeants at 
t "Arms to the said General assembly in whose Custody this 
" affirmant then was confined and requested him to remove 
" him this affirmant before the said Charles Read to be Bailed 
" and this affirmant saith that he had Several able Freehold- 
" ers present who offered to become his Bail but that the said 
" Serjeant told this affirmant that he should not obey the said 
" Writ till he had taken advice And this affirmant Saith that 
"the said Serjeant came no more to him until the Next 
" Morning at which time he took this affirmant before the 
" Honb le Charles Read Esq r with the said Writ & Copy of the 
" Commitment who took time to consider thereof until four 
" O'Clock in the afternoon at which time the General as- 
" sembly of the said Province was prorogued and this affirm- 
" ant was of Course discharged from his Imprisonment and 
" further this affirmant saith not. 

"Affirmed at Burlington this^ 

" twenty eighth day of February > Jo SCATTER GOOD. 
"Anno:Dom. 1749 J 

Before His Majestys Council 

CHA" READ Clk Con. 



230 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

" Robert Smith Esq r one of the Justices of the Peace for 
"the County of Burlington being of the people called 
" Quakers on his Solemn affirmation which he took accord- 
" ing to Law did declare that he hath perused the foregoing 
"affidavit of Joseph Scattergood Esq r and that he verily 
"believes the Several Facts therein contained are true and 
"that this affirmants Answer to the General assembly 'is 
" contained in Writing in the following Words ss : As I 
" always have Acted Consistent with the Laws of the Prov- 
" ince (so far as I was Capable of Judging) so I intend to da 
" for the future And further saith not 

ROB* SMITH. 

"Affirmed at Burlington this") 
" twenty eighth day of February V 
"Anno Dom MDCCXLIX. J 

Before His Majestys Council 

CHA" READ Clk Con 1 

"Revell Elton and Nathaniel Thomas Esq rs Justices of 
" the Peace for the County of Burlington being duly Sworn 
" on the Holy Evangelists of Almighty God did depose that 
they have perused the foregoing Affidavits of Joseph Scat- 
tergood and Robert Smith Esq re and that they verily be- 
lieve the Several Facts therein contained are true And further 
say not. 

Sworn at Burlington this^ 

T.J.T. j c -d u REVELL ELTON 

twenty eighth day of February V THOMAS 

Anno Dom. MDCCXLIX. J 

Before His Majestys Council 

CHA READ Clk Con. 

Which Copy of the Petition to the House of Assembly 
from Some of the Freeholders chosen for the County of 
Burlington annexed to the foregoing affidavits is in the 
words following Viz* 

" To the Honourable House of Representatives now Con- 
" ven'd of the City of Burlington. The Humble petition of 



1749-50] JOURNAL OF GOVERNOR AND <X>UNCIL. 231 

"part of the Freeholders of the County of Burlington, 
"Humbly sheweth that the Justices and Freeholders by 
" adjournment from the tenth of May last to the first day of 
"August next following met at the City of Burlington and 
" then and there did raise on the said County the Sum of 
" Sixty pounds and at the same Instance of time the Justices 
" without the Consent of the Major part of the Freeholders 
" aforesaid did agree to and Order the Sum of ten pounds 
" fifteen Shillings towards paying of the late Coroners In- 
" quests have been taken Several years past Therefore your 
"Petitioners abovesaid do hereby Sincerely desire that the 
"House aforesaid will please to call those Gentlemen to 
"an Account in Order to shew by what Authority or 
"what Law Enabled them to Act or disburse Money to 
" the use above Written Further your Petitioners humbly 
" sheweth that the Freeholders at the times above mentioned 
" did request the Commissioners of the Loan Office (Viz*) 
" Robert Smith Joseph Scattergood and Joshua Wright to 
" lay the Money before us which ought to have [been] Sunk 
" in the year aforesaid but they did refuse. We did also 
" desire them to bring the Books and lay them before us but 
" they would not Comply & 

" ANTHO. WOODWARD A True Copy Ex d by 
" BENJAMIN TALMAN SAM 1 SMITH Clk. 

" THOMAS MIDDLETON 

" GEORGE MIDDLETON MICHAEL NEWBOULD 
" BAZILLAI NEWBOULD JOHN STEWARD 
1749. 



"And which Copy of the Minutes of the House of Assem- 
" bly relating to the Affair between some of the Justices and 
" Freeholders of Burlington County are as follows Viz* 

"Tuesday Feb y 20: 1749. 

"A Petition was presented to the House from some of the 
" Freeholders chosen for the County of Burlington setting 
" forth that at a Meeting of the Justices and Freeholders 



232 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

" held for the said County the first day of August last the 
"said Justices without the Consent of the Major part of the 
" Freeholders aforesaid did agree to and order the Sum of 
" 10 15 towards paying of the late Coroners Inquests and 
" praying they may be called to an Account to Show by what 
" Authority they Acted And further the said petition sets forth 
" that the petitioners at the time above mentioned did request 
" the Commissioners of the Loan Office for said County to lay 
" the Money before them which ought to have been Sunk in 
" the year aforesaid but they refused and further that the 
" said Commissioners also refused to lay the Books before them 
"the said Freeholders Which said petition was read and 
" ordered a second Reading. 

"February 21 st 1749. 

" The Petition from Some of the Freeholders chosen for 
"the County of Burlington was read the Second time 
"Ordered that the Serjeant at Arms do give Notice To 
"Revell Elton Thomas Shinn Nathaniel Thomas Robert 
" Smith and Joseph Scattergood Esq Justices of the Peace 
" and James Wills Henry Paxson Joshua Raper John Bacon 
" James Eldridge and William Foster Freeholders to attend 
"this House on Saturday the 24 of this Instant at 9 O'Clock 
" in the Morning to Answer what may be alledged against 
" them by Antho : Woodward, Benj d Talman Thomas Mid- 
" dleton George Middleton Michael Newbold Barzillai New- 
" bould and John Stewart Freeholders which said parties are 
" likewise Ordered to attend in Support of the Several Com- 
" plaints in their Petition contained to this House. 

" Saturday Feb* 24 : 1749. 

"According to the Order of the day the House proceeded 
" to the affair between the Justices and Freeholders of the 
" County of Burlington and the parties concerned attending 
" were fully heard on both sides the said Justices in their own 
" Vindication and the parties against them after which they 
" were ordered to withdraw and then the House taking the 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 233 

" same into Consideration the Question was put whether the 
" said Justices Conduct in proceeding to apply part of the 
" Money raised on the said County without the Consent of 
" the Majority of the Freeholders chosen for the said County 
"be illegal or not and it was carried in the affirmative 
" Nemine Contradicente. 

" In the afternoon 

"The House resuming the Consideration of the affair 
" depending between the Justices and Freeholders of Bur- 
" lington County Resolved Nemine Contradecente that it is 
"the Opinion of this House that none of the Boards of 
"Justices in this Colony have any Right either to raise 
" Money on the Inhabitants or to apply it after it is raised 
"without the apparent Authority and directions of some 
" known Law, and that it is a Grievance where they Act 
" without the said Authority. 

The Several Justices of Burlington County complained 
against were called in & the resolutions of the House were 
read to them after which M r Speaker informed them that the 
House desired to know as it appears they have Acted contrary 
to Law what they had to say why the House should not pro- 
ceed to further redress this Grievance, and they declaring 
that they Acted according to the best of their Judgment and 
not in any Contempt they were ordered to withdraw being 
called in again M r Speaker acquainted them that the House 
Expects that they will promise to Act more agreeable to Law 
for the future and the answers of all of them not being Sat- 
isfactory the further Consideration thereof is referred till 
Monday Morning Next at 10 O'Clock when the said Justices 
are ordered to attend again. 

February 26. 1749 

The Several Justices of Burlington County attending were 
called in and M r Speaker acquainted them that the House 
Expected a peremptory and direct Answer to the Question 
put to them on Saturday last Viz fc whether they will promise 



234 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 



to Endeavour to Act more agreeable to the Law for the 
future, and the Answers of Revell Elton & Nathaniel Thomas 
Esq rs being Satisfactory to the House they were dismissed 
paying their Share of the Fees M r Speaker then acquainted 
Robert Smith & Joseph Scattergood Esq rs that their Answers 
were not Satisfactory, and then they were ordered to with- 
draw. 

In the afternoon. 

The House resuming the Consideration of the affair con- 
cerning Robert Smith & Joseph Scattergood Esq rs on a Motion 
made that they be called in and that M r Speaker do Speak to 
them as follows. 



Yeas 
J : Camp 
J. V n Middlesworth 
H: Fisher 
L. V n Buskirk 
Der k Dye. 



Nay 
Joshua Bispham 



Yeas. 
J. Smith 
J. Witherill 
J. Eaton 
R. Lawrence 
J. Crane 
Will Cooke 
J. Hinchman 
W m Mickle 
A. Learning 
J : Spicer 
W : Mott 
J : Emley. 



Gentlemen. 

I am Ordered by this House to acquaint you that as you 
have given the House no assurances of your Acting more 
agreeable to Law for the future you have put them under the 
Necessity of taking such Measures against you as Law & 
Custom have pointed out ; in Order to Guard against your 
future misconstruction of the Law and you are discharged 
from further attendance on this House at this time upon pay- 
ing your Fees to the Serjeant at Arms and the House Expects 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 235 

that you will inform them whether you intend to do it or 
not ; if not you will be Committed by Order of the House to 
the Custody of the Serjeant. 

And the said Justices being called in and M r Speaker hav- 
ing delivered to them what he had in Charge they answered 
that they did not Intend to pay the Serjeants Fees and then 
a Motion being made that 'the said Justices be forthwith 
Committed to the Custody of the Serjeant at Arms and the 
Question put, It was Carried in the affirmative. 

Yeas Nays 

J : Smith Joshua Bispham 

J : Wetherill James Hinchman 

J : Eaton 
R. Lawrence 
J : Crane 
J : Camp 

J : Van Middleswarth 
Hend : Fisher 
L. Van Buskirk 
Der : Dye 
Will m Cooke 
Will m Michle 
A. Learning 
J: Spicer 
W: Mott 
J. Emley 

Ordered 

That the Serjeant at Arms do forthwith take Robert Smith 
and Joseph Scattergood Esq" into Custody till they pay him 
five Shillings each for Summoning them and the Freeholders 
before this House together with what other Customary Fee& 
shall accrue. 

a true Copy Examined by 

SAM J SMITH Clk. 
Feb 7 26 : 1749. 



236 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

The Serjeant at Arms informed the House that Revell Elton 
and Nathaniel Thomas Esq rs refused paying him his Fees and 
the House taking the same into Consideration the said Justices 
were called in and they persisting in their refusal they were 
ordered to withdraw and on the Question whether the said 
Justices be Committed or not It was Carried in the affirmative. 

Yeas & Nays as before 

Ordered 

That the Serjeant at Arms do take Revell Elton and 
Nathaniel Thomaa Esq rs into Custody till they pay him five 
Shillings each for Summoning them and the Freeholders 
before this House together with what other Accustomary Fees 
shall accrue. 

a True Copy from the Minutes 

Examined by 

SAM 1 SMITH Clk 

Ordered 

That M r Coxe and M r Saltar do wait on His Excellency 
and desire to know when he will please to receive the Coun- 
cil's advice concerning the Removal of Robert Smith & 
Joseph [Scattergood] Esq" from the Commission of the peace 
for the County of Burlington. 

At a Council held at Burlington on Thursday the first day 
of March Anno Dom : 1749./50 

Present 
His Excellency the Governor 

The Hon ble John Reading "| 
James Alexander I 
John Coxe J Esq M 

Thomas Leonard j 
Richard Saltar J 

M r Coxe and M r Saltar reported that they had obeyed the 
Order of Yesterday and that His Excellency was pleased to 



1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 237 

say he would be ready to receive the advice of this Board at 
Eleven O'Clock this day 

Then the Council waited on His Excellency and delivered 
their advice in these Words Viz* 

To His Excellency Jonathan Belcher Esq' Captain Gen- 
eral and Governor in Chief of the Province of New Jersey 
and Territories thereon depending in America, Chancellor & 
Vice Admiral in the same & c 

May it please your Excellency 

In Obedience to your Excellency's Order inJCouncil of the 
twenty seventh day of February last referring to us His 
Majesty's Council for the said province the Message of the 
House of Representatives to your Excellency of that day 
requesting that Robert Smith <fe Joseph Scattergoods Esq 
two of His Majestys Justices of the peace for the County of 
Burlington may be removed from their said offices and 
requiring our Opinion and advice on the Subject matter of 
the said Message. 

We beg leave humbly to represent to your Excellency that 
we Ordered two of our Members to Inspect the Journals of 
the House of Assembly and to get Copies of so much thereof 
as concerned this affair to be laid before us which Copies are 
hereunto annexed Also we called before us the said Robert 
Smith and Joseph Scattergood together with Revell Elton 
and Nathaniel Thomas Esq being the four Justices of the 
peace Committed by the House of Assembly as in their said 
Minutes is set forth & took their depositions concerning this 
Matter which Depositions are also hereunto annexed. 

By which Journals and Depositions it appears to us that 
the House of Assembly have assumed upon themselves an 
Authority to call the said Magistrates to an Account before 
them concerning the Construction they had put on Sundry 
Acts of assembly of this province in the Execution of their 
Offices have taken upon themselves a power to declare the 
meaning of those Acts to be Contrary to what the said 



238 NEW JERSEY COLONIAL DOCUMENTS. [1749-50 

Justices had in the duty of their Offices determined and have 
also adjudged the proceedings before the said Justices to be 
illegal and have accordingly Censured those Magistrates for 
the same and Imprisoned them because they would not 
promise for the future to Construe those Acts agreeable to 
the Opinion of the House of Assembly & because they would 
not agree to pay a Sum assessed upon each of them by the 
said House of Assembly together with all Customary Fees. 
The facts appearing thus, we are humbly of opinion and 
our Sentiments are that neither your Excellency nor the 
Council nor the House of Assembly as Separate Branches of 
the Legislature have any Right power or Authority whatso- 
ever to call any Magistrates of this province (to whom the 
Execution of any Laws is Committed) to an Account of the 
Construction that they shall put upon them even if they 
Erred in that Construction nor to declare the meaning of any 
Laws to the contrary to the Exposition which the said Justices 
shall make thereof nor to Judge of and determine concerning 
the proceedings of the said Magistrates nor to declare or make 
those proceedings illegal or Void how erronious soever they 
may happen to be nor to Censure any Magistrates for what 
he has bona fide done in the Execution of his Office ; nor to 
Imprison his person for nonpayment of any Sum or Sums of 
Money that any of them shall presume to assess and Impose 
upon him for Non Obedience of their pretended Orders For 
had the Branches of the Legislature as such Severally a right 
to hear try and determine the Points aforesaid they might 
very innocently all differ in Opinion and give Several & 
repugnant Judgments in the matter which is an absurdity in 
itself and for that His Majesty's Courts of Justice have the 
Sole right to hear try and determine the same and they and 
His Majesty in the last report 1 have the right to Redress Errors 
if any be therein Committed and all pretences of either of the 
Branches of the Legislature to the Contrary are Attacks & 
Infringements on each other rights and priviledges, and 
Usurpations of His Majesty's Authority and of most per- 

1 Resort. 



,1749-50] JOURNAL OF GOVERNOR AND COUNCIL. 239 

nicious and dangerous tendency. But we would not have 
your Excellency understand that we have the least Intention 
to deprive the House of Assembly as one Branch of the 
Legislature from their Just and Natural Right of Inquiring 
into Grievances and representing them in a proper manner to 
your Excellency and of proposing and Concurring in any 
Acts Necessary for the Explanation of any former doubtful 
Laws: But for that House to assume upon themselves a 
power^to Censure Imprison and tax the Subject for differing 
in Sentiments with them they by so doing Usurp and take 
upon themselves an Arbitrary and unwarrantable power And 
is Engrossing into their own hands as well the Executive as 
Legislative parts of Government. And we are Sorry to say 
that the Words Legislative Body appearing by the Depositions 
aforesaid to have been used by the Speaker of the Assembly 
in Censuring the said Justices before so great an auditory 
gives great room to apprehend that the House are Grasping 
at an Authority which by the Constitution is lodged in the 
Governor Council and assembly and not in any one Branch 
alone and has a tendency to Withdraw that respect w ch the 
people owe to their Legal Magistrates and to lessen their 
Authority greatly in their Eyes and does tend to instill an 
Opinion into the people of the great power of the House of 
Assembly and to bring the other Branches of the Legislature 
into Contempt. 

Upon the whole we humbly advise your Excellency not to 
remove the said Robert Smith and Joseph Scattergood from 
their Offices aforesaid. 

We are 
Your Excell ys most Obed* 

& most humble Servants 

JOHN READING 
JAMES ALEXANDER 
JOHN COXE 
THOMAS LEONARD 

Council Chamber 1 RICHARD SALTAR 

March 1 : 1749/50 / 



240 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

Pursuant to Several Adjournments 1 of the General Assem- 
bly of the Province of New Jersey His Majesty's Council 
Met at Burlington on 

Monday 28 th January 1750. 

Present 

M r Alexander M r Leonard 

M r Rodman M r Saltar 

The Gen 1 Assembly Prorogued till Tuesday 29 th 

Present 

M r Reading M r Leonard 

M r Alexander 
M r Rodman M r Saltar 

His Excellency Came into Council And Having by the 
Secretary Commanded the Attendance of the House of Assem- 
bly the Speaker with the House Attended when his Excell 7 
made the following Speech to both Houses 

Gentlemen of the Council & of the General Assembly 

It is with much Concern that I find;myself Obliged to observe 
to you, that Your Difference in opinion, as to the way & 
manner of Levying a Tax for Support of the Government, 
and which has so long Subsisted is not only productive of 
Injustice and Oppression to all that have Demands on the 
Province, but must in the End bring a Train of bad Conse- 
quences upon the whole People. 

In Duty to the King, and from a just Regard to the good 
People of the Province, I have not failed to Convene you in 

1 The General Assembly, at its last meeting, February 27th, 1749-50, was prorogued 
till March 29th, 1750, on which day it does not appear to have met. The Governor, 
in his address on the following page, complains that he has "once and again" 
called a meeting of the Assembly, but that " for near eighteen months past no pro- 
vision has been made for the necessary support of the Government. ' ' Of these meet- 
ings there is no note, except in the words " Pursuant to several adjournments." 



1750-1] JOUBNAL OF THE PKOVINCIAL COUNCIL. 241 

General Assembly once and again, to Consider the state of 
the Publick Affairs ; But for near Eighteen months past, no 
Provision has been made for the Necessary Support of the 
Government, and for the payment of the publick Debts; 
such sort of Management I am afraid, will be thought by 
our superiours, to carry the Complection of undutifulness to 
his Majesty, and of neglect and Disregard to the good people 
under our care ; for the still keeping of the Treasury empty 
must of Course bring great Difficulties upon the Kings Gov- 
ernment, and greater Distress upon the Province, as the Debt 
will grow heavier. 

I therefore hope Gentlemen (as this is a leasure season) you 
will set with Patience, and [with] Close Attention Consider 
these Things, and so agree among yourselves as to fall into wise 
and prudent Measures for obviating the present Difficulty and 
for preventing anything of the like Nature for the future, And 
you may Depend on my Concurring with you in every thing 
in my power for Advancing his Majesty's Service and Honour, 
and the good Order, Peace and Prosperity of the Province. 

Gentlemen 

Since our Last Meeting I have had the Honour of a Letter 
from the Right Honourable the Lords Commissioners for 
Trade & Plantation, desiring me to send them with all possi- 
ble Dispatch, a Chart or Map of this his Majestys Province 
of New Jersey ; And this is also agreeable to the King's 75 th 
Royal Instruction, directing me to Transmit a Map with the 
Description of His Majesty's whole Territory under my Gov- 
ernment. 

I have also lately received a Letter from his Excellency 
the Hon ble M r Clinton His Majesty's Governor of the Prov- 
ince of New York, acquainting me with his Intentions of 
Meeting those Tribes of Indians Called the six Nations, at 
the City of Albany sometime in the Month of June next ; 
and Desiring this Governm* to become a Party at the intended 
Interview. His Majesty's Royal Instruction & the Letters 
I have mentioned, shall be laid before you. 

16 



242 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

To have the Province perambulated and Carefully Sur- 
veyed, and from Thence a Correct Map to be Drawn, delineat- 
ing the several Boundaries, would doubtless be of great use 
and Advantage to the Government, as well as to the present 
and future Inhabitants of the Province ; and in this Matter 
I more particularly referr you to the papers I have mentioned 
relating to it. 

As to the affair of meeting the six Nations of Indians, 
nothing seems to me more reasonable than that all the Colo- 
nies, which may be, sooner or later annoyed and ravaged 
foy their barbarous Incursions, upon their Defection to the 
French, Should unite in the intended Treaty at Albany, and 
Chearfully Contribute their equitable Proportion of the 
Oharge : But Governor Clinton's Letter sets this Matter in 
iso just & Clear a Light that I shall only Add, in Case you 
sho'd Agree to the thing, I am ready to undertake the fatigue 
of such a journey for the service of the Province : or other- 
wise that it be Devolved on Commissioners Chosen and Ap- 
pointed by the whole Legislature 

Gentlemen of the General Assembly 

If these things are entered upon, you are Sensible money 
must be Provided to Defray the Charge, and that is properly 
in Your Province to do. 

Gentlemen of the Council & of the General Assembly 

As often as I may have Occasion to speak to you in a 
Publick Manner, give me leave always to wish for Concord 
and Unity in your Deliberations, as the best Expedient for 
giving a good Dispatch to the Affairs of the Province. 
Burlington January J. BELCHER 

29. 1750-1 

The house Continued till 

Thursday y e 31. Jan 7 

Present as above 
The House Continued till 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 243 

Friday y e 1 st February 
Present as before 

M r Alexander acquainted this House that pursuant to the 
above Agreement of October 8 th last, Sundry of the Members 
of the Council remained at Perth Amboy y* day and the next, 
and on that 8 th of October took the Affidavits of John Smith 
and John Dear and on the 9 th of Oct r took the Affidavit of 
Elizabeth Waller & Philip Kearney on the Matters by them 
to be Enquired into which Affidavits he Laid before this 
House and the said four Affid** being read the substance 
thereof appears to be as follows, Viz* 

The said John Smith by his said Affidavit says, That on 
the Saturday then last About noon he saw Simon Wycoff a 
horse back speaking to some body in the Goal of y* City of 
Perth Amboy, That he knows the said Wycoff to be the same 
who was one of the first rank of the Rioters in July 1747 
who broke open the said Goal & stands indicted for Treason 
for so doing, and gives his reasons, that an hour afterwards 
he saw s d Wycoff standing at M" Serjeants door looking at 
the Assembly men Coming out of the City Hall, and about 
two hours afterwards saw him a horse back in the Street near 
the City Hall, when he believes the said Wycoff was riding 
out of Town. 

John Dear by his Affidavit aforesaid Says, he well knows 
Symon Wycoff & thinks for 20 years past That said Wycoff 
with Amos Roberts Edmund Bainbridge and one Anderson 
supposed Captains of the Rioters composed the first Rank of 
the rioters when they came up to break open the Goal of the 
City of Perth Amboy in July 1747 That on Saturday then 
last a little before noon he saw the said Wycoff Coming riding 
into Town about a quarter of an hour afterwards he saw the 
said Wycoff a horse back at the Prison window in which the 
Prisoner Hoogland was then Confined where he staid some 
time & the Deponent believed Speaking to the said Hoogland 



244 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

That about an hour after he saw the said Wycoff walking in 
the street and going into M" Serjeants Door, which door is- 
in sight of the City Hall where the Assembly then satt, That 
about three or four afternoon he saw said Wycoff a horse back 
as riding out of Town. 

Elizabeth Waller wife of John Waller Goal keeper of the 
City of Perth Amboy by her Deposition aforesaid Saith, That 
on Saturday then Last she saw a man a horse back speaking 
to the prisoner Hoogland at the Goal Window whom she was 
told was Symon Wycoff, That the same day, she over heard 
some discourse between Hoogland y e prisoner and a Brother 
of his, but did not hear it all, nor very distinct, but she under- 
stood, they were first to petition the Governour and if that 
was not Effectual, they would take their own way, which she 
understood was that the rioters should come down and get 
him out and that he should be out some time the then next 
week Someway or other. 

Philip Kearney Esq r by his Deposition aforesaid, saith, 
that in summer before the then last, he with Doctor Johnston 
went with John Dear Sheriff of Middlesex to receive Posses- 
sion on a Writ of Possession for Lands in Occupation of 
Hendrick Hoogland & when they Came Hoogland pretended 
he had a good right, whereupon the Deponent told him, if 
he would show any Deed or right he had from any person 
That the Deponent would waive the Judgment and permit 
him to Defend, But Hoogland declined shewing and Accept- 
ing the offer, That upon Seeing a Young woman in the House 
very Sick the Deponent & D r Johnston talked together Con- 
cerning her and of the danger of her Life should she be then 
removed, Wherefore agreed to propose it to Hoogland to 
Delay Executing the Writ if he wo'd agree not to Destroy 
any more of the Timber and to Deliver possession at a future 
Time, and actually agreed with Hoogland, he desired such 
time as he shou'd take off his Crop then on the ground and 
that he might have till about October to remove and Leave 
to work up four or five Trees that he had Cut down & wou'd 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 245 

cut down no more, which terms so requested were agreed to, 
and Execution Stay'd. That before the time agreed on for 
delivering Possession the Deponent was well informed that 
Hoogland had Cut down a great deal more Timber and was 
Determined to keep possession by force whereon this Depo- 
nent resolved to take a new Writ of Possession and publickly 
named a Certain Day for the Execution thereof; But before 
the Day some business called the Deponent to Philadelphia. 
That at Manleys Tavern in his way returning home, about 
two Miles from Hooglands The said Manley told this De- 
ponent that two or three days before there had been a fine 
Frolick at Hoogland's for that Expecting the Deponent and 
D r Johnston to be then there to take Possession, That day 
Hoogland, had got about one hundred of the Rioters to 
Defend him and that he had Killed a sheep and had got 
Rum & Cyder to Treat the rioters with, That he, manley 
had seen some of them, and told them such proceedings 
would never do, whereon they, said Let Doct r Johnston & M r 
Kearney turn Hoogland out As soon as they please, we will 
turn them out and put Hoogland in Possession, again That 
he understood that Symon Wycoff was amongst them, who 
is looked upon to be a head man amongst them, The Depo- 
nent thereupon declined renewing y fl writ of possession but 
took out writts of Trespass against the said Hoogland <fe his 
son for Cutting their Timber, and recovered first, Judgment 
against the son, & afterwards against the Father, and the son 
taken in Execution and brought to Perth Amboy Goal, that 
said Wycoff he believes was on Saturday then last, at the 
Goal, Speaking to the said son, That Caleb Haviland of New 
Brunswick and his son told the Deponent That they had on 
Saturday last been in Company with Wycoff at New Bruns- 
wick when he told them, that they were resolved to Come 
down to Perth Amboy and take Doctor Johnston and the 
Deponent and Compel! them to Discharge Hoogland the son 
out of Goal, That Hoogland the Father still Continues in 
Possession and pretends to hold the Premises by what they 
call the Club. 



246 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

M r Alexander laid also before this House an Affidavit of 
Tunis Speer, of Horse neck in the County of Essex taken 
the 24 th of December last before John Ross Esq r one of the 
Judges of Essex County, which Affidavit being read of Sub- 
stance thereof appears to be, That the Father of the said 
Tunis in his Life time and the said Tunis since his Father's 
Death as his Heir being possessed of between four & five 
hundred acres of Land at horse neck for upwards of twenty 
Years Last past by purchase from one of the Proprietors of 
East Jersey having also an Indian purchase for same Lands 
About the first day of December then instant Frances Cook 
one of the Rioters Collectors came to the Deponent and 
informed him that he was rated to pay for the Lands afore- 
said Eleven pounds three shillings towards Defraying of 
John Cundits going home to England and demanded pay- 
ment thereof the Deponent then told the said Francis he 
never had promised the Rioters any money, nor wou'd he pay 
the Tax they had made Whereupon said Francis told thi& 
Deponent that the Committee had agreed & Determined, that 
whoever did not pay their Assessments should be turned out 
of possessions and lose their Lands which he must expect If 
he did not pay his Rate. 

The Preceeding five Depositions are now Left \ 
in the hands of the Secretary Clk of this House. J 

Saturday the 2 d Feb y 

Present 

M r Reading M r Leonard 

M r Alexander 
M r Rodman M r Saltar 



Monday the 4 th 
Present as above 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 247 

Tuesday the 5 th 

Present 

M r Reading M r Kemble 

M r Alexander 

M r Rodman M r Leonard 

M r Johnston M r Saltar 

M r Smith & M r Spicer from the House of Assembly 
Brought for the Concurrence of this House the Bill Entituled 
An Act to Revive an Act Entituled an Act for better Settling 
& regulating the Militia of this Colony of New Jersey, for 
the repelling Invasions & suppressing Insurrections and 
Rebellions, which Bill was Read and Ordered a second 
Reading 

The House Continued till Wednesday the 6 th 

Present as above 

M r Fisher and M r Emley from the House of Assembly 
brought for the Concurrence of this House the Bill Entituled 
an Act to Enable the Legislature to Settle the Quotas of the 
Several Counties in this Colony & e which Bill was Read and 
Ordered a second Reading 

The Bill Entituled an Act to Revive an Act Entituled an 
Act for better Settling and Regulating the Militia & was 
read a second Time and Committed to the Gentlemen of the 
Council or any three of them. 

Thursday the 7 th February 1750 

Present 

M' Alexander M r Hude 

M r Rodman M r Kemble 

M r Johnston M r Leonard 

M r Saltar from the Committee to whom the Bill Entituled 
an Act to Revive an Act Entituled an Act for better settling 



248 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

& regulating the Militia &c was referred Reported that the 
Committee had gone thro' the same and Ordered him to report 
the same without Amendment. 

Ordered that the same be read the Third Time 

And on the Question 

Resolved that the same do pass 

Ordered that the Speaker do sign the same 

Ordered that M r Saltar do acquaint the House of Assembly 
that the said Bill passed this House this Day 

The Bill Entituled an Act to Enable the Legislature to 
Settle the Quotas &c was read a second time and Committed 
to the Gentlemen of the Council or any three of them 

M r Saltar Reported that he had obeyed the above Order. 

The House Continued till 

Friday the 8 th Feb y 

Present 

M r Reading M r Hude 

M r Alexander M r Kemble 

M r Rodman M r Leonard 

M r Johnston M r Saltar 

M r Leonard from the Committee to whom was referred the 
Bill Entituled an Act to Enable the Legislature to Settle the 
Quotas &c Reported that the Committee had gone through the 
same and had made one Amendment which he was ready to 
Report when the House shall be pleased to Receive the same. 

Ordered that the Report be made immediately 

Whereupon he read the Amendment in its place as follows. 

Whereas by the Royal Instructions to His Excellency the 
Governor he is Directed in these words. " Provided always 
that you do not Consent to any act or aots to Lay any Tax 
upon unprofitable Lands." It is hereby declared that nothing 
in this Act is meant or intended to break in upon the said 
Instruction or to Warrant the Assessors to put any unprofitable 
Lands into the said List or account of things to be Taxed. 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 249 

Ordered that the said Amendment be read a second time 
which said Amendment being read a second time 

Ordered that the same be Engrossed. 

The Bill Entituled an Act to Enable the Legislature to 
Settle the Quotas & with the Engrossed Amendment being 
read the third time And the Question put 

Resolved that the said Bill as Amended Do pass 

Ordered that the Speaker do Sign the same 

Ordered that M r Leonard do Carry the said Bill with the 
Amendment made thereto to the House of Assembly and 
Desire the Concurrence of that House to the said Amend- 
ment 

P.M. 

M r Leonard Reported that he had obeyed the above Order 
M r Saltar Acquainted the House that M r Cook & M r Dey 
from the House of Assembly had Delivered to him the Bill 
Entituled an Act to Enable the Legislature to Settle the 
Quotas &c together with the Amendment made thereto by 
this House and also the Resolves of the House of Assembly 
Concerning the said Amendment with the Order to them to 
Deliver the same to this House which Bill Resolves & order 
he had received from them this House not Sitting at the 
Time and he delivered the same in at the Table and they are 
as follows 

Feb y 8. 1750. 

M r Leonard brought from the Council the Bill Entituleled 
An Act to Enable the Legislature to Settle the Quotas &c 
with one Amendment which was read in its place and on the 
Question 

Resolved Nemine Contradicente That this House doth 
reject the said Amendment and Adhere to the Bill 

Resolved Nemine Contradicente That the Council have no 
Right to amend said Bill and that it is an Infringement on 
the rights & Priviledges of this House & the People We repre- 
sent for the Council to prescribe ways and means how money 



250 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

shall be raised on the good People of this Province for Sup- 
port of Government and paying the Publick Debts of the 
Colony. 

Ordered That M r Cook and M r Dey do Carry the said Bill 
and Amendment back to the Council and Acquaint them with 

the above Resolves 

By Order of the House 

SAM 1 SMITH Clk 
The House Continued till 



Saturday y e 9 th Feb 7 1750 

Present 

M r Reading M r Hude 

M r Alexander M r Kemble 

M r Rodman M r Leonard 

M r Johnston M r Saltar 

The House having Considered the Message of the Assem- 
bly of Yesterday with the Bill Entitaled an Act to Enable 
the Legislature to settle the Quotas &c and the Amendment 
of this House thereto and having Compared it with the 
message of the House of Assembly Concerning a like Bill & 
Amendment of the 6 th of October Last found both in the 
same words Came thereon Unanimously to the following, 
resolutions. 

Resolved unanimously that this House doth Adhere to the 
s d Amendment 

Resolved unanimously that this House hath a Right to 
Amend the said Bill which right stands Confessed and Ad- 
mitted by the Assembly by their Agreement to one of three 
Amendments made by this House to the first Bill of this 
kind as appears by the Minutes of Assembly of the 20 th or 
21 8t of January 1747. 

Resolved unanimously that the further matter of the second 
Resolve of the Assembly is a most Injurious and Ground- 
less insinuation against this House knowingly repeated after^ 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 251 

the same had been refuted by the message of this House 
appearing in the Minutes of the Assembly of Octob r 8 th 
Last. Which Message was in the following words. 

Ordered That M r Kemble do Carry to the House of Assem- 
bly the Bill Entitled An Act to Enable the Legislature to 
settle the Quotas &c with the Amendment made thereto by 
this House, and Acquaint the Assembly, That this House 
have taken into Consideration the said Amendment, and the 
Message of that House of the Sixth Inst. Concerning it 
which Amendment is in these words. 

" Whereas by the Royal Instructions to His Excellency 
"the Governor, he is directed in these words, Provided, 
" Always, that you do not Consent to any Act or Acts to 
tf Lay any Tax upon unprofitable Lands. It is hereby 
"declared that nothing in this Act is meant or intended 
" to break in upon the said Instruction, or to Warrant the 
" Assessors to put any unprofitable Lands into the said List 
" or Account of things to be Taxed." 

That we are sorry to find such Censures of our said 
Amendment in the said Message, as we cannot apprehend 
how it can be liable to. By the said Message People would 
imagine, that we had therein prescribed ways & means how 
money shall be raised on the good People of this Province ; 
We, for our Parts, cannot see any Such Thing in our said 
Amendment. We think this House hath as much at stake 
in this Colony as the House of Assembly, and as much Con- 
cerned in its well being, and for the Rights and Privileges of 
the People in it ; for which Reason we should be as much as 
the Assembly averse to any Infringement on their Rights & 
Privileges But besides that, we are under Oaths for the Per- 
formance of our Duty as Councellors which is an Obligation 
upon us, which the Members of the Assembly are not under 
as Assembly-men 

Were we not under those Oaths, yet we should think we 
deviated far from that Duty we owe to His Majesty, should 
we Agree to the breaking thro' the Instruction set forth in. 



252 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

our Amendment, as we Conceive the Bill does, in its present 
form, and in the form it has been for six times sent up to us 
within three years last past, But as we are also under Oaths 
for the Performance of our Duty, we think we should have 
been guilty of the breach of those oaths, had we passed it in 
the manner it stood without that Amendment, which has been 
thrice before made to like Bills in the same words within two 
Years last. 

That we were in hopes, that what passed between the two 
Houses Concerning that Bill, appearing in the Minutes of 
the Council and Assembly of October 1749 would have put 
an end to further groundless Charges, and Insinuations 
against us Concerning it, but the Message and the Address 
of the Assembly to his Excellency of the Third Instant, 
Convince us, we were mistaken in thinking so : with what 
view the House of Assembly do from time to time publish 
such groundless Charges & Insinuations against us, as appears 
in the said minutes of October 1749 and in the said Address 
and message we are at a Loss to know; we are unwilling 
even so much as to imagine that it can be to exasperate the 
People against us. 

That we think we ought not to omit Observing on those 
words of the s d Address viz. Have made divers attempts to 
supply the Treasury, in the like method y* hath been long 
done heretofore without any bad Consequences that we know 
of from whence any persons unacquainted with the Truth of 
Facts, we think would imagine that Bills of like Tenor as 
this Bill in Question, had been long frequent & Customary 
in this Province, and that we opposed an Approved Form ; 
but the fact is so far otherwise, that we never heard of such 
a Bill in this Province till within these three Years past, a 
Bill for settling Quotas and no money given by it to his 
Majesty for support of his Government 

All Bills that ever we heard of in this Province, which 
directed Quotas, gave also the Money to his Majesty for Sup- 
port of his Government, that was to be raised by those 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 25S 

Quotas ; And those Quotas were in a very different manner 
from what's proposed by this Bill. 

What the Assembly's intention is by such an Innovation 
as this Bill, & by Laying aside the accustomed method, we 
know not, but it seems to us by it, that they by this Bill 
intend that Lands shall hereafter be Taxed by the Acre and 
not According to the value (as the number of Acres and not 
the value is required to be taken by this Bill) so that the 
poor people who live on poor land, shall pay as much Tax 
by the Acre for their poor Land, as the Rich people shall 
pay for Lands of twenty and forty times the value per Acre, 
And should a Tract Contain nineteen Acres of unprofitable 
land for one Acre of profitable, the whole twenty Acres shall 
pay as much Tax, as if it were all profitable. 

That these things are " in as equitable a manner as Cir- 
cumstances will Admit of and a just Taxation" as the 
Assembly in their said Address do say of this Bill, we have 
not been able to apprehend ever since such a Bill as this was 
first offered in 1747 and to which bill of this kind we then 
made three Amendments, and to one of which the Assembly 
then agreed, but to the other two Amendments they disagreed, 
and this House adhered to them ; how this House has become 
deprived of the Right to amend that Bill, as the said Message 
Resolves we are, does no way appear to us. 

That we think its far from doing by our neighbour as we 
would have done to ourselves, to oblige one to pay ten, 
twenty or forty times as much Tax, According to the Value 
of his Estate, as another, because their quantity of Acres 
happen to [be] equal ; which we think would be the Obvious 
Consequence should we pass this Bill, as it stood without our 
Amendment 

And Lastly, do acquaint the Assembly that this House 
doth unanimously Adhere to their Amendment aforesaid to 
said Bill 

Ordered 

That M r Leonard do Carry to the House of Assembly the 



254 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

said Bill and Amendment with the above Resolves of this 
House Concerning the same 

M r Leonard Reported that he had obeyed the above Order 
the House of Assembly then sitting. 

The House Continued till 



Monday the 11 th Feb: 
Present as before 

Tuesday the 12 th 
Present the same 

Wednesday 13 th 

Present as before 
The House Cont d till 

Thursday 14 th 

Present 

M r Reading M r Johnston 

M r Alexander M r Kemble 

M r Rodman M* Leonard 

M r Hude M r Saltar 

A message from the House of Assembly by M r Lawrence 
and M r Hancock 

" The House taking into Consideration the Message of the 
" Council of the 9 th Instant sent to this House by M r Leonard 
" with the Bill for Enabling the Legislature to Settle the 
" Quota's &c do find the Council adhered to their amendment, 
" or rather Alteration made to the said Bill ; and, by the said 
" Message, Resolve, they have a right to make that Amend- 
"ment, which they say, stands Confessed and admitted by 



1750-1] JOURNAL OP THE PROVINCIAL COUNCIL. 255 

" the Assembly, by their agreement to one of three amend- 
"ments made by y e Council to the first Bill of this kind, as 
" appears by the Minutes of the Assembly of January 20 th or 
" 21* 1747. Had the Gentlemen of the Council fully Con- 
"sidered the Minutes above referred to, they would have 
"found the said Amendment, Admitted by the Assembly, 
" related to the Title only, and not to the Body of the s d Bill, 
" which they would never admit the Council had any right to 
" amend, or even to Demand any Conferrence thereon, which 
41 was actually denied by this House, on the 10 th of February 
" 1747, And, as often as any Amendment hath been attempted 
41 by the Council to the Body of that Bill, it hath been rejected 
" by this House, as doth appear by Sundry Messages from this 
"House to the Council upon that head, and, particularly, by 
41 a Message, which the Council say, they rejected, by their 
" Message of the 8 th of October last. How the Gentlemen 
" Came to Conclude they had refuted the former Message by 
" the Latter, or in other words, to triumph in the imaginary 
4> Conquest, before they gained the victory, we cannot tell 
" If that Message was not answered, it was not because this 
" House, tho* it unanswerable ; but because they had not time 
" to answer it, and were unwilling to Multiply fruitless De- 
" bates at the Publick expence ; But, since the said Message 
" is again repeated in the first above-mentioned Message of 
" the 9 th Instant, it may be proper to make some few Obser- 
" vations thereon, without taking up too much time of the 
" House. 

"And, first, the Council seem to infer their Attachment to 
" the Privileges of this House, and the good of the Colony, 
" from the Importance of the Stake they have therein, which 
" they intimate is equal to what this House hath : But how 
" rich soever the Gentlemen would willingly be thought, we 
41 Cannot think them equal in Substance to all the rest of the 
" Inhabitants of this Colony who we represent, by immediate 
" Election and Choice : However, had the Gentlemen less, 
" Estate, especially in Lands, 'tis probable they might have 



256 NEW JERSEY COLONIAL DOCUMENTS. [1750-1* 

" assented to some one of the seven Bills sent them for Con- 
" currence by this House, to Enable the Legislature to settle 
" the Quotas &c But their having so many large Tracts of 
" Land liable to be taken an account of, for future Taxation, 
" by the s d Bills as prepared by this House, we doubt, has 
"rather prevailed with them, so repeatedly to defeat those 
" Bills, than any great Regard to his Majestys Instruction ; 
" which is no way broke in upon, by the said Bills, as pass'd 
" by this House. 

" That the Gentlemen of the Council further tell us, by 
" the Message aforesaid, That, they are under Oaths for the 
" Performance of their Duty as Councellors, which say they, 
" is an obligation upon them, which the Members of the Assem- 
" bly are not under as Assembly- men. What those Oaths 
" are, the Gentlemen mean, we know not, unless they are the 
" Oaths to the Government, to secure them in their Fidelity 
" to His Majesty, and the Protestant Succession as by Law 
" established ; If such only, then are we under the like, and 
" hope to perform them as well, If anything more, we should 
"be glad to know it. But however from His Majesty's 
41 known Candour & Goodness, we cannot suppose he has 
" Obliged his Council, by Oaths to invade the Rights and 
" Privileges of his Liege People, in not suffering them to be 
" Taxed According to their own Consent : This would be a 
" manifest violation of the Subjects Liberty in the Disposal 
"of their own Property, inconstent 1 , with the natural 
"Freedom of Mankind, destructive of the very Notion of 
" Property and repugnant to our happy Constitution. 

" That the Council tell us by the message aforesaid, they 
" never heard of any such Bill as the Bill in Question, till 
" within this three years past : A Bill for Settling Quotas 
" and no money given by it for the support of His Majesty's 
" Government " Admitting the former Quota Bills were con- 
" nected with the Bills for Support of Government, yet there 
"hath been long, frequent & Customary in this Colony, a 
" Provision by Law for Settling Quotas, wherein the Persons 

1 Inconsistent. 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 257 

" and Things to be taxed, were to be taken an Account of in 
" the manner as directed by the Bill in Question ; among 
" which the whole of all Profitable Tracts of Lands held by 
" Deed, Patent or Survey, whereupon any Improvement was 
" made, were to be taken an Account of by the old Method of 
" Taxation, in the same manner as by the Bill in Question, 
" which is the only point in Contest between the Council and 
" this House, and this Method being long practised with the 
"Approbation of the Publick, doth Sufficiently, Manifest 
" the Councils Opposition to an approved form with respect 
" to the Matter in Contest. 

" What the Assembly's Intention is, say the Council, by 
"such an Innovation as this Bill is, they know not; but 
" Conclude, it seems as if the Assembly intended, Lands 
" Should be hereafter taxed by the Acre, and not According 
" to the value ; from which inequality, they infer the Injustice 
" that would be done to the Poor People who live on poor 
" land. To which we reply, as to the Assembly's Intention 
" with respect to the pretended Innovation of this Bill, that, 
" may be readily gathered from the Necessity, Title, & Form 
" of the said Bill, and also from the Assemblys Willingness 
" to Support Government, which in particular prevailing be- 
"yond any other Motive, put them upon an early enquir 
" into the state of the Treasury, which they found would soon 
" be insufficient for that purpose, through a Decrease of the 
" Publick Funds, Therefore it became necessary to supply 
" the Deficiency by a Provincial Tax ; and to the end each 
" County within the Colony should pay its just Proportion 
" in such Tax, it was Absolutely necessary that all things, 
" sho'd be taken an Account of which Compose the Value of 
" such County, as near as the same could be Collected, which 
" when done, and a Return thereof made to the Legislature, 
" they could be thereby enabled to ascertain the Quotas of 
"each respective County within the Colony; and suppose 
" there should be an Inequality in the value of y 9 Lands of 
" such Counties, Such inequality might be much better ad- 

17 



258 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

"justed by the Impartial & unbyass'd Settlement of the 
" whole Legislature, than by any other Method that can be 
" proposed. 

" What the Council's Intention is in obstructing the People 

" (for such a series of Time) from being Taxed according to 

" their own Consent, we know not ; unless it be with a design, 

"to keep the Government unsupported, the publick Debts 

"undischarged, and to Exempt their own Large Tracts of 

"Lands from bearing their just Proportion in the publick 

""Tax, under a specious pretence of Adhereing to His Ma- 

" jesty's Instruction, and favouring the poor ; when in Truth 

"the said Bills, they have so repeatedly defeated as pass't by 

'"this House, are no ways repugnant to the said Instruction, 

'" nor injurious to the poor Freeholders ; but on the Contrary, 

^ agreeable to the former and a Relief to the Latter : 

"Ordered 

" That an Exact Copy of the said Bill for Enabling the 
" Legislature to settle the Quotas &c as pass'd by this House 
" this sitting, be Compared and signed by the Speaker, and 
" then printed with the Minutes ; and that the Clerk be ex- 
M cused from entering the same in the Journal of the House." 
The House Continued till 



Friday the 15 th Feb 7 

Present 

M r Reading M r Kemble 

M r Alexander 

M r Hude M r Leonard 

M r Johnston M r Saltar 

His Excellency came into Council and having by the Sec- 
retary acquainted the House of Assembly that he was in the 
Council Chamber ready to receive the Address of the House. 

The Speaker with the House attended & Delivered their 
Address as follows. 






1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 259 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief, in & over his Majesty's Province of 
New Jersey, and Territories thereon Depending in America, 
Chancellor and Vice Admiral in the same. 

The Humble Address of the Representatives of the Colony 
of New Jersey, in General Assembly Convened. 

" May it please Your Excellency 

" We His Majesty's dutiful and Loyal Subjects, the Rep- 
" resentatives of the Colony of New Jersey, beg leave to 
" Observe to your Excellency, that we are sorry the Council's 
*' having differed from us in Opinion, touching the way & 
" manner of Levying a Tax for support of Government, 
" should prove not only productive of Injustice and Oppres- 
** sion to those who have Demands on the Colony, but also 
" likely to bring a Train of bad Consequences upon the Peo- 
" pie thereof, both which, in Duty to his Majesty, and from 
11 a tender regard to the People, we have carefully endeavoured 
" to avoid ; But, least the Government being so long unsup- 
" ported, should occasion Our Superiors to suspect our Con- 
u duct, for want of a true Light therein, we shall in brief 
" Remark, that for supplying the Deficiency of the Treas- 
" ury, a Provincial Tax, became necessary, which could not 
" be regularly Levied upon the Inhabitants of the Colony, 
" until the Quotas of each respective County, were duly ascer- 
" tained ; for w ch purpose, six several Bills have been pass'd 
" by us, and the late House of General Assembly, and sent 
" to the Council for their Concurrence ; all which, they took 
" upon them the Liberty to Amend : which being an Infringe- 
" ment upon the Priviledges of this House, and the Liberties 
" of the People, by Depriving them of the natural Rights of 
" His Majesty's Subjects, in being Taxed in such manner as 
" they best like. And as those Bills were, in substance agree- 
" able (especially in the part Contested) to former Bills of the 
" like nature, past by the whole Legislature, and approved 
" of by our Constituents ; And also, were, in themselves, as 
" equitable as the nature of the Case would Admit ; for these 



260 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

" Keason, as well as more that might be urged, the Council's 
" repeated Amendments hereto, hath been as repeatedly re- 
" jected, And their Adhereing so tenaciously to that Amend- 
" ment, hath been the total Defeat of those Bills. And, to 
" the End we might do everything in our power, that was 
" reasonable, for support of the Government, we past a Bill 
" for that purpose at Am boy, in a Session Commenced the 
"25 th September 1749, wherein the usual Provision was 
" made ; And, Although, there was not money at that Time 
" in the Treasury, sufficient for Discharging that Bill, yet, 
"had the Council past some one of the other Bills, there 
" might have been enough for that purpose before this Time : 
" But, Suppose there even had not, Yet the sum given by 
"that Bill and past by the whole Legislature, would have 
" become a Debt upon the Colony, to be discharged whenever 
" the Treasury should be supplyM. But, the Council, instead 
" of joyning us in our endeavours to Support the Govern- 
" ment, took upon them the Liberty to Amend that Bill also, 
" in substance ; which being an Infringement upon our Rights 
" & Privileges and Calculated to Deprive this House of the 
" Appointment of an Agent at the Court of Great Britain, 
"and to lodge too much Power in the Gentlemen of the 
" Council, in the disposal of the publick money, and things 
" of the like Extraordinary and unprecedented Nature ; The 
" House therefore sent the said Bill to them again, and they 
" refusing their Assent to it, in the manner approved of by 
" this House, occasioned the total defeat of that Bill Also, 
" which, with the Defeat of the first mentioned Bills, hath 
"occasioned the Government to remain unsupported until 
" this Time : From whence we think, no Blame can be justly 
" Ascribed to us, And, that we might not be wanting in our 
" Endeavours, upon this Head, we have, at this Time Also, 
" sent to the Council for their Concurrence, the seventh Bill, 
" of the like kind with the Bills first mentioned, which hath 
" met with the like Fate of the said Bills ; and, Therefore, 
" we are deprived of any proper Means of Supplying the 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 261 

" Treasury for Support of Governm* nor do we foresee any 
" probability, of its being Supply'd, or the Government Sup- 
" ported, until the Gentlemen of the Council will recede from 
"their Amendment to the said Bill. 

"Therefore, we hope your Excellency will not call us any 
" further upon this head, unless you shall Discover a Dispo- 
" sition in the Gentlemen to drop the said Amendment, and 
" pass the Bill in the manner which we and our Constituents 
"think reasonable; for frequent sittings, to no Purpose, is 
41 very injurious to the publick in General, and to us in par- 
" ticular. 

"The Royal Instruction, and Letter from the Lords Com- 
" missioners for Trade and Plantations, referred to in Your 
" Excellency's Speech, about transmitting to his Majesty, and 
" their Lordships, an Account of the Boundaries of this Col- 
" ony, together with a Map thereof, we have perus'd and duly 
" Considered, and do believe the same principally Calculated 
41 to enable his Majesty to assert the just Rights of his Sub- 
jects in the Colony against the Incroachments of foreign 
" Powers, but as this Colony doth not joyn upon the Terri- 
" tones of any such power : we Conceive such Map less 
" necessary for the purpose aforesaid : And as to the Boun- 
"daries, Your Excellency may be pleased to inform their 
" Lordships, that this Colony is bounded, Eastwardly, by the 
" Main Ocean, and Hudson's River ; Southwardly and West- 
" wardly, by the Bay and River of Delaware, and, North- 
" wardly, by the Colony of New York ; From whence and 
" by having a Recourse to the Grants of Pennsylvania and 
" New York, Their Lordships may know, that this Colony 
4t is not a Frontier upon any Foreign Settlement. 

"As to what your Excellency recommended, respecting the 
41 intended Interview of Governor Clinton with the six 
" Nations of Indians, at the City of Albany, sometime in 
" June next, we have Considered ; but, as this Colony hath 
41 not hitherto been Concern'd in Indian Treaties, beyond its 
" Limits, nor been benefitted by their Trade, we cannot think 
" it now reasonable to become a Party at the said intended 



262 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

" Interview ; But think it highly reasonable for those Colo- 
" nies, that have been, and still may be, benefitted, by their 
" Trade ; to secure them in their Fidelity to the English at 
"their own Expence; But notwithstanding this Colony hath 
" not been a party at such Indian Treaties, yet, upon every 
" Emergency, it hath hitherto Chearfully contributed to the 
" Defence of our Neighbouring Colonies against the Incur- 
" sions of an Enemy, and, no doubt, will hereafter, If need 
" require ; but, in the present Case, we shall only return your 
" Excellency our Thanks for your readiness to undertake the 
" Fatigue of a Journey to Albany upon this Occasion. 

"We thank your Excellency for your good Assurances, 
" " of Concurring with us, in every thing in your Power, for 
" advancing his Majesty's service, and Honour, and the good 
" Order, Peace and Prosperity of the Colony ; " But we are 
" Sorry to hear, 'tis not in your power to remove such Officers, 
" as have transgressed their Duty, without Advice of Council, 
" whose advice, 'tis to be feared, will not be readily obtained, 
" for the Removal of such Officers, whose Appointment they 
" have already advised, and, unless your Excellency can get 
" over this Difficulty, we are apprehensive the publick Griev- 
" ances will very much remain unredress'd if not increased 
" upon us. We shall always, with Pleasure, esteem your 
"Excellency's good wishes for unity and Concord in the 
"publick Deliberations; and a joynt Endeavour for this 
" valuable Blessing, among all the Branches of the Legisla- 
" ture, will be the best Expedient for giving a good Dispatch 
" to the Affairs of the Colony 

By Order of the House 

SAMUEL NEVILL Speaker 

Feb. 15. 1750 

Several of the Members being of the People ^j 
Called Quakers, Concurr to the matter and [ 
substance of this Address, but make their ( 
usual Exceptions to the Stile J 

The House Cont d till 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 263 

Saturday 16 
Present as before 
The House Contin d till 



th 



Monday 18 

Present 

M r Reading M r Johnston 

M r Alexander M r Kemble 

M r Rodman M r Leonard 

M r Hude M r Saltar 

The House Continued till 

Tuesday 19 th Feb 7 

Present as above 

Ordered unanimously 

That M r Kemble, do acquaint the House of Assembly, 
that this House having taken into Consideration the Message 
of the Assembly of the 14 th Inst. do admit, that the Amend- 
ment of this House to the first Quota Bill, agreed to by the 
Assemby, related to the Title only ; but, that those whom 
they allow to have a right to amend the Title have not an 
Equal Right to amend the Body of a Bill, is a Distinction 
we have never met with, and believe it to be without any 
Foundation, either in Reason or Precedent. 

We do admit also, that the Assembly have all along 
rejected our Amendment to the Body of the said Bill, and 
hare refus'd to Confer with us on our Amendments tho' Con- 
ferences thereon, were several Times requested by us ; and, 
that rather than agree to the Conferences requested thereon, 
or to request of us a Conference, they, the Assembly, have 
Dropped in their House every one of the seven Quota Bills ; 
and no one of them ever dropped with us. What Seasons 



264 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

or Precedents they had to Justifye themselves, in those (to 
us) unaccountable Proceedings, they have never, to this Day, 
acquainted us with, other than their own Will and Pleasure. 

Reason, we think, dictates, that where the Consent of two 
Bodies, independent on one another, is wanting, to the Form 
of a Necessary Act, and they Differ in Opinion, as to that 
Form, that they ought, by Conferrences, to Communicate to 
one another the Reasons why they insist on the Forms mutu- 
ally proposed by them ; without which, it seems impossible, 
in the nature of things, that they Can agree ; and whoever 
refuses that Method, let them pretend what they will, must 
either think such Act not necessary or do resolve that the 
other Body shall give up its Independency and Right of 
Judgment to them. 

Would the Assembly have agreed to any of the Confer- 
rences requested, this House might possibly by an Induction 
of particulars, have Convinc'd them, that how strongly soever 
they were of Opinion, that the words of this Bill did no way 
break in upon his Majesty's Instruction, Yet that in such 
opinion they were mistaken. 

The Bill, as insisted on by the Assembly, directs, that the 
whole of all Profitable Tracts of Land, held by Deed, Patent, 
or Survey, whereon any Improvement is made Shall be taken 
an Account of, and put in the List of things to be Taxed, 
Now, if there be many Thousands of Acres of unprofitable 
Lands in New Jersey, as Cannot be denied And, if every acre 
in New Jersey, how unprofitable soever, is, by the above 
words of the Bill, to be taken An Account of and put into 
the List of things to be Taxed : Then it must undeniably 
follow, that the Direction, in the above words, does break in 
upon his Majesty's Instruction, inserted in our Amendment. 

But the whole Tract of Land called New Jersey, is held 
by and under the Deed from the Duke of York to Lord 
Berkley and S r George Carteret, and, is, in the whole, a 
profitable Tract of Land, (though Thousands of unprofitable 
Acres be in it) and every Improvement in New Jersey, is, an 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 265 

improvem* made on that Tract. Wherefore, the whole of all 
the Tracts Called New Jersey, is as much within the express 
words of the Act, as any Tract whatsoever that is part of it. 
But we doubt not it will be said, that how much soever the 
Tract called New Jersey, be within the Express words of y* 
Act Yet it was not within the Intention of the Assembly. 
Be it so ; But when an Act is past into a Law, 'tis not the 
Private Intention, either of the Governor, or of the Council, 
or of the Assembly, that will govern the Construction of the 
Law, Tis the Courts of Justice that must Collect the Inten- 
tion from the words of the Act, and not from the private 
Intention of the Makers. Wherefore, if the Assembly mean 
not the whole Tract of New Jersey, there Seems an Absolute 
Necessity of an Amendment to make that meaning Apparent. 

Again, Suppose that meaning made apparent, and that the 
Tracts meant are only Such as have been appropriated to 
particular Persons by Deed, Patent, or Survey and, Suppose, 
such a Tract of 20 Acres, whereof one is profitable, and 19 
unprofitable. Yet this Tract, upon the whole, is a profitable 
tract of land, and, if any Improvement is upon it, the whole 
of the Tract must be taken an Account of, and the 19 un- 
profitable Acres must be Taxed ; which is repugnant to the 
Instruction set forth in our Amendm* And that many such 
cases are, and Some in greater, and Some in lesser proportions, 
we think no doubt can be made. And we believe, there are 
few Tracts in New- Jersey, but what have some unprofitable 
Acres in them, and if they have any, and those are taxed, the 
Instruction is thereby broke, in upon. This Case we put in 
our Message, which the Assembly, by their said message, of 
the 14 th Inst. pretend they Answer : but they have thought 
proper to slip over it, without any the least Notice. 

Again, Suppose 1000 Acres appropriated by Deed, Patent 
or Survey, but without any Improvement upon it, and Con- 
sequently bringing in no Income or Profit to the Owner ; 
The tract while in that case, it seems agreed, is within the 
Instruction, for its then, by the Bill, not to be taken an 



266 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

Account of in order to be taxed. But Suppose the Owner, 
or a Tenant, or a Trespasser, enter upon it, and improves one 
acre ; then, by the Tenor of the Bill, the whole must be taken 
an Account of, and the 999 unimproved Acres, pay as well 
as the one Acre improved. Reason, we think, Says, If the 
whole 1000 was within the Instruction while no Improve- 
ment was upon it, the 999 remains still within the Instruc- 
tion, after the one Acre of the 1000 is improved. If the 
improvement is made by a Trespasser without the Consent of 
owner, is it just that such an Act of a Misdoer, Should render 
the whole 1000 liable to be taxed, tho' bringing in no Income 
or profit to the Owner, more than before the making that 
Improvem* If the Improvement is made by the owner or 
Tenant, is it not a great Discouragement to the making 
Improvements, to lay such a Penalty as 999 Times more Tax 
than justly ought to be laid upon them. But these, and 
Thousands of such Injustices, must obviously follow from the 
Bill in Question, Should it pass as it now stands. 

Again, as New Jersey at first belonged to Lord Berkley 
and Sir George Carteret, and was by or under them, sold to 
Persons residing in England Scotland and Ireland, where 
great Numbers of the owners of Parts of New Jersey still do 
reside, and many in other the American Colonies, to whom 
Multitudes of Large Tracts of all Quantity between one 
Thousand and a hundred Thousand Acres, have from time to 
time been divided by Patents, Deeds, or Surveys in part of 
their shares, Suppose such owners of a Tract of 100,000 
Acres have sold 10.000 of it, upon which Improvements have 
been made; by this the 90.000 Acres remaining unsold, 
belonging to those absent Persons, tho' bringing in no income 
or Profit to them, are, by the Tenor of this Bill, to be put 
into the List of things to be Taxed : Many hundreds, if not 
Thousands of Cases of that nature we believe are in New 
Jersey And the laying a Tax upon such things (where 1 
there even no Instruction against it) must be a mere Amuse- 
ment seeing there is nothing to Levy it upon, and Conse- 

1 Were. 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 267 

quently a great, if not the greatest part of a Tax so laid, 
would become a Deficiency. 

These few particular Cases, of the many that could be put, 
we think do evidently show, that the Quota Bill, in its present 
form, does not only break in upon His Majestys Instruction, 
but it is big with Injustice, and a great Discouragement to 
making Improvements, were there no such Instruction, and 
must be ineffectual for the Purpose pretended. 

We admit we said, " What the Assemblys Intention is by 
such an Innovation as this Bill, and by laying aside the 
Accustomed Method, we know not ; but it seems to us by it,, 
that Lands shall hereafter be taxed by the Acre, and not 
according to the value ; as the Number of Acres and not the 
Value is required to be taken by this Bill." To which the 
Assembly say, they reply ; but we find no Denial, in that 
reply, of their Intention to be, to tax Lands by the Acres, 
aad not the value ; wherefore what we supposed, is admitted 
to be true : And as Lands in New Jersey are of all values, 
from thirty pence "$ Acre, to thirty pounds ty Acre ; no pre- 
tence whatsoever can make it just to tax such Acres equally; 
and such Inequality of Taxation, in respect to the value, 
must become oppressive to the poor people Settled on poor 
Lands as we before alledged. And why a poor man worth 
only fifty pounds, should pay as much Tax as another worth 
Five hundred pounds, will be Difficult for the Assembly to 
show a Reason. 

The Assembly say, " the inequality might be much better 
"adjusted by the impartial and unbyass'd Settlement of the 
" whole Legislature, than by any other Method that can be 
"propos'd" On which we Observe, that its impossible for 
"the Legislature to adjust the Inequality by the Means pre- 
" scribed by this Bill, Viz " Returning a List of the Quantity 
" of Acres in the Tract, and not the value." 

The Value of a Tract, or the improved part of a Tract, we 
see no Difficulty that the Assessors will be under to return it 
nearly to the Truth, as they will be of the Neighbourhood,. 



268 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

and know as much or more of their Neighbours real Estate, 
than they Can do of his Personal for the last may be hid from 
them, whereas the other is open to their View and not to 
be secreted. The value they can Judge of nearly, without 
knowing the quantity; whereas they Cannot Judge of the 
Quantities without actual surveys; for there are Multitudes 
of Tracts in New Jersey that are Commonly called one 
hundred Acres, which do realy Contain three hundred Acres, 
and much more. We see our Neighbouring Provinces raise 
Taxes on the value of Estates, Real & Personal, of the Inhabi- 
tants without any Difficulty whatsoever; we know of nothing 
to hinder New Jersey, from raising Taxes in the same manner. 

We could not have believ'd it, had not the Assembly told 
us so, " that they are Ignorant of the Oaths we are under for 
the Perforemance of our Duty as Councellors which is an 
Obligation upon us which the Members of the Assembly are 
not under as Assembly- men," Seeing his Majesty's Commis- 
sion to His Excellency, by vertue of which they are Called 
and Sit as an Assembly, does also direct those oaths ; which 
Commission is on Record, open to all, in the Secretaries 
Office here. 

The Assembly are pleased to own they have no Precedent 
in this Colony, of a Quota Bill, such as this is, without any 
Money given by it for the support of Government : But why 
they have laid aside the old Method, and taken up this new, 
no Reason have they Assign'd. But they insist, " there hath 
been long, frequent and Customary a Provision by Law for 
Settling Quotas, wherein the Persons & Things to be Taxed 
were to be taken an Account of in the manner as directed by 
this Bill in Question, among which the whole of all profit- 
able Tracts of Land, held by Deed, Patent or Survey, 
whereon any Improvement was made, were to be taken an 
Account of by the old Method of Taxation, in the same 
manner as by the Bill in Question. And this Method being 
long Practised with the Approbation of the Publick, doth 
sufficiently manifest the Council's Opposition to an appro v'd 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 269 

Form" To which we say, That would the Assembly have 
been pleased to have Conferred with us, they would not only 
not have been under the Necessity of owning their preceeding 
Error, but might have avoided the Mistake they are under as 
to what they now above insist on. For, except one Act for 
Support of Government past in August 1725 there have 
been no Acts enacted for Forty Years past (for so far we 
have searched) with the words " the whole of all profitable 
Tracts of Land held by Deed Patent or survey, whereon any 
Improvement was made (for as to the Support Act of 
May 1722, tho' that Encroachment on the Instruction 
seems to have been intended by the then Assembly and 
was the first attempt to introduce the word Tracts) Yet 
it was prevented by an Addition thereto of the words of 
such profitable Lands) How these words in the Act of 1725 
were suffered to pass in that one Act unexplained, we know 
not ; but believe it was because they were passed over inad- 
vertently by the Council, or thought of little or no Moment 
at that Time. For by that Act and all the other Acts for 
Support of Government, the Certainties mentioned in those 
Acts were valued, and the values were directed to be first 
summed up, and Subtracted from the Quota of the County, 
and if the sum of those Certainties did not amount to the 
Quota, then the Deficiency was to be laid on Lands: But 
many Counties in this Province found by experience, that 
the sum of the values of the Certainties, equaled, or exceeded 
their Quotas, so that there was no necessity of any Tax on 
Lands in those Counties ; and we have heard, that when the 
sum of the Certainties fell sometimes under the Quotas, it 
has been found so small a sum, that the Assessors did not 
think it worth the assessing and have trusted to the Exceed- 
ings of another Year And it is to be remarked that in the 
Act of 1725 and all other the support Acts for Forty Years 
the Lands to be Taxed, were those of the Inhabitants and 
Householders only, Whereas by this Bill there seems no such 
Restriction. And as no values are put upon the Certainties 



'270 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

in this Quota Bill in Question, nor is there anything in it so 
much as to hint that the value of the Certainties shall first 
'be Deducted from the Quotas, its Submitted, whether these 
Acts were in the manner directed by this Bill, and whether 
the Method now offered by this Bill hath been long practiced 
with the Approbation of the Publick, as the Assembly do 
now insist. 

From what we have now said, we hope that all impartial 
>men may be Convinced, that not we, but the Assembly, are 
the Cause that the Government is unsupported, and the Pub- 
lick Debts undischarged 

The Assembly in their said Message, and in their Address 
to His Excell 7 of the 14 th Instant, Accuse us of having taken 
Liberties upon us. As to which, we think, we have taken 
none, but what were our just Right to take. But the Liber- 
ties that the Assembly have taken with His Majesty, with 
his Excellency our Governor, with the Magistrates of this 
and other Counties & with us, by those Papers, and During 
this and former late Sessions (as will appear by their Minutes) 
and by their Spreading base, false, scandalous and injurious 
Libels against us, we believe all sober & reasonable men will 
think unjustifiable God only knows the Hearts & Thoughts 
of men ; they have (it seems to us) even not left that, His 
Province, uninvaded, for they take upon them to suggest our 
Thoughts to be, not out of any great Regard to His Majesty's 
Instruction, That we have been led to make our Amendment, 
but to exempt our Large Tracts of Land from Taxes, when 
they well know, that a Majority of this House are not owners 
of large Tracts of Land, and those who have such, do declare, 
they never had the Least thoughts of having their Lands 
exempted from Taxes, Consistent with Reason and His 
Majesty's Instruction 

By Order of the House 

CHARLES READ Clk Con 

February, 19 : 1750 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 271 

P.M. 

Present as before 

M r Kemble Reported That he had Obeyed the Order of 
this Morning The House then sitting 



Wednesday 20 th 



Present 



M r Reading 
M r Alexander 
M r Rodman 
M< Hude 



M r Johnston 
M r Kemble 
M r Leonard 
M r Saltar 



Thursday 21 st 

Present the same. 

Ordered 

That M r Kemble and M r Saltar be a Committee to Inspect 
the Journals of the House of Assembly and report to this 
House what they have done in relation to the Message of this 
House of the 19 th Instant. 



Friday 22 d 1750 
Present as above 

M r Kemble & M r Saltar to whom it was referred to Inspect 
the Journals of the House of Assembly Reported that they 
had Inspected those Journals & found therein one Entry of 
which they had procured an Attested Copy under the hand 
of the Clerk of the Assembly which they laid before this 
House and it is as follows, The House taking into Consider- 
ation the Message of the Council of yesterday by M r Kemble, 
are unanimously of Opinion, that it would be taking up, too 
much Time at the Publick Expence, for the House to make 



272 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 1 

any particular Answer thereto; nor indeed is it necessary, 
when Considered, that the Message itself, will discover the 
Councils Aim in having the improved Part only, of Tracts 
of Land taken an Account of for a future Taxation, which, 
if admitted, wo'd exempt the unimproved part of such Tracts 
from paying any part of Publick Tax. So that Should a 
Gentleman be possessed of 10,000 Acres of Land in one 
Tract, worth 10000. Pounds, and only 50 acres of it 
improved ; and a poor Freeholder should be possessed of a 
Tract of 100 Acres of Land only, worth but 100. and 50 
Acres of it improved, the poor Freeholder must pay as much 
as the Gentleman : And this we may venture to say (without 
invading the Province of God, which the Council are pleased 
to Charge us with) would be the obvious Consequence of the 
Bill in Question, if passed in the manner y e Council insist, 
And why a poor Man worth only 100. Should pay as much 
Tax, as a Gentleman worth 10,000. will be difficult for the 
Council to show a Reason ; but at present we may set it down 
as a wonderful and Surprizing Expedient indeed to favour the 
poor. 

The Council instead of making it appear, that they have a 
right to amend the said Bill, as they have repeatedly resolved 
they had ; have unhappily fell into the railing language of 
the meanest Class of Mankind, in such a Manner, that had 
it not been sent to this House by one of their Members, no 
man could imagine that it was Composed by a Deliberate 
determination of a set of men, who pretend to sit as a Branch 
of our Legislature ; for towards the Close of the Above said 
Message, they Charge us with having taken Liberties with 
His Majesty, with his Excellency our Governour, with the 
Magistrates of this and other Counties, and with our having 
spread false, Scandalous & injurious Libels against them the 
said Council, which, they say, they believe all sober & reason- 
able men will think unjustifiable. What Liberties we have 
taken w th His Majesty, otherwise than to assert our Loyalty 
to him, in our Address to His Governor, we know not, what 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 273 

Liberties we have taken with the Governor, unless it be to 
tell him the true Reason of the Governments being so long 
unsupported and to represent the publick Grievances to him 
for Redress, we know not, what Liberties we have taken with 
the Gentlemen of the Council, other than to tell them the 
Truth in modest, plain English, we know not, what Liberties 
we have taken with the Magistrates of this and other Coun- 
ties, unless it be to enquire into their Conduct upon Com- 
plaint, And after a fair and impartial hearing, to represent 
their Arbitrary and illegal Proceedings for Redress, we know 
not. And wherein we have been guilty of spreading false, 
Scandalous, and injurious Libels against the Council we know 
not ; Therefore it will be incumbent on them to point out and . 
duly prove, some undue Liberties we have taken, and Libels 
spread, before any sober and reasonable Men will be prevailed 
on to condemn our Proceedings, as unjustifiable, which we 
think they will not do upon the Slender Authority of the 
Councils insulting Message to this House; which, in our 
opinion, is so far from being likely to prevail on any Sober 
and reasonable men, to believe the false Scurrilous and ground- 
less Charges therein alledged against us, that it will rather 
discover the Council to be men at least under the Government 
of Passion if not void of Reason and Truth ; and until thejr 
recover the right use of their Reason again, it will be fruit- 
less for this House to Spend Time in arguing with Them. 

A Message from the Council, by M r Saltar in the words 
following 

This House having Yesterday received Information, that 
the Assembly had done something extraordinary concerning 
our Message to them of the 19 th inst* which they did not 
intend to Communicate to us, we appointed a Committee to 
inspect the Journals of the House, and to Report what they 
found to that purpose which Committee now reported, that 
they found a Minute of the 20 th in the Assembly's Journal a 
Copy whereof they laid before this House Attested by the 
Clerk of the Assembly which being taken into Consideration 

18 



274 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

by this House, We unanimously declare, we are not (what- 
ever other Persons may be) surprized at the Diction of the 
Above Minute of the Assembly, nor at their Candour of 
their Calling upon us, to point out Proofs of what we had 
Alledged, and yet endeavouring to keep that Call hid from 
us till we should see it in Print in their Minutes at which 
time we could not probably be a Body to Comply with their 
Call, nor until we were called afterwards as a Branch of the 
Legislature. 

As we are informed, that probably this Session of the 
legislature will this Day end, 1 and that the Assembly have 
: already made repeated Calls on His Excellency to J)ismis& 
them, we think it our Duty, in this short Time, before that 
>be done, to make some observations on the above Minute of 
\the Assembly. 

Instead of shewing, that, in the Cases we had put in our 
Message, the Quota Bill as it stands, would not break in 
upon His Majesty's Instruction, and that taxing Lands by 
the Acre, and not the value, was just and reasonable, which 
was incumbent on the Assembly to have done, they put 
another Case, which we Don't perceive has any Relation to 
those, or any other Points of our Message. But however we 
observe on it, That if the Gentleman who has 10,000 Acres 
of Land, and only 50 Acres of it improved, of equal Good- 
ness with his Neighbour, who has 100 Acres And Also 50 
Acres of it improved, and if the Care and Industry of both 
are equal, the Yearly Income and Profit of the Gentleman 
and Freeholder from their improved Lands, should be Equal, 
and in that respect should be equally Taxed. As to the Gen- 
tlemans 9950 Acres unimproved tho' he or his Ancestors 
bought it with their money, Yet has he no more yearly 
Income or Profit of it, than his Neighbour the Freeholder, 
whose Horses, Cows and Sheep, can, and will, as freely graze 
and feed upon it as the Gentleman's. And if that Neigh- 

1 The session not only ended on that day, but the Assembly was dissolved by the 
'Governor, and a King's writ issued for a new Assembly to meet on the 7th of May 
.following. See N. J. Archives, VII., 588. 



1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 275 

bour can by that means, make as much yearly Profit from it, 
as the Gentleman, there seems no .Reason for an unequality 
of Taxation in that respect ; and tho' the 9950 Acres be not 
taxed, yet the Horses, Cows & Sheep that feed upon it, both 
of the Gentleman and the Freeholder, are taxed, and in that 
respect, it pays a tax thro' the Gentleman, and all the Free- 
holders and others whose Cattle 'feed upon it. 

As to the Proofs that the Assembly call on us for, of the 
unjustifiable Liberties they have taken with His Majesty, 
with His Excellency, with the Magistrates, and with us, we 
shall now, for brevity, assign only one Instance of each of 
the many that we could assign. 

By the Assembly's Endeavours to have the Quota Bill 
pass'd without any Saing of His Majesty s Instruction, their 
Intent to break thro' that Instruction is apparent, and yet by 
their Address to His Majesty, printed in their Minutes of 
October 1749 they took the Liberty to approach the Throne, 
and value themselves and their Loyalty to His Majesty, upon 
these their Endeavours ; and we think an unjustifiable Liberty 
is a softer Name than this Deserves. 

As to his Excellency, they might long ago have seen the 
Impossibility of their Quota Bill's passing in its present form : 
And as there are many other ways by which Money could be 
raised for paying his Excellency's Salary, without the aid of 
such a Bill; one of which ways was pointed out to the 
Assembly by our Message of December 12. 1748 printed in 
the Assembly's Minutes of the 14 th and that Part of it, 
reprinted in their Minutes of October 1749 And tho' often 
pressed by his Excellency's Speeches, yet have they taken the 
Liberty to refuse all other Methods for raising of His Excel- 
lencys Salary, which, we think, is an unjustifiable Liberty. 

As to their Liberty with Magistrates Four Magistrates of 
the County of Burlington, being met with fourteen Free- 
holders, for raising of Money for Defraying the Charge of 
the County, pursuant to Law on one Article proposed, seven 
of the fourteen Freeholders voted for allowing it, and five 



276 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

voted against it, and two were neuter ; The four Magistrates 
agreed with the seven and allowed the Article, The Assembly 
call these Magistrates before them, and Declare the Construc- 
tion the said Magistrates had put upon the Law in that point 
(tho' they were upon the Oath of their Office when they did 
it) to be illegal, and took the Liberty to fine and imprison 
those Magistrates for this, as appears by the Assemblys 
Minutes of February 1749-50. and the Depositions we took 
upon that Occasion ; which we think was an unjustifiable 
Liberty. 

As to the Assembly's unjustifiable Liberties with us, we 
think their Proceedings of this Sessions, will fully show, and 
particularly their Resolves upon our repeated Amendment to 
the Quota Bill. 

As to that base, false, scandalous and injurious Libel upon 
us, Printed by Desire by William Bradford of Philadelphia, 
the Assembly's Printer, in his Journal of the 5 th Instant, 
spread thro' this and the Neighbouring Provinces : We think 
Proofs that the Assembly are spreaders of it, will be needless, 
till they expressly deny the Charge, and that they, or any of 
them, or their Clerk by any of their Order, desired the print- 
ing that base Libel ; and that they, or any requested a large 
Number of them to be sent them when Printed, and that any 
large Number of them was sent to any of them, & Distrib- 
uted among the Assembly-men, and a Number remaining 
over. When these things they will be pleased fully to deny, 
we think it will be then time enough for our Proof of their 
Spreading that base, false scandalous and Injurious Libel. 

Ordered 

That M r Saltar do Deliver a Copy of the above Minute to 
the House of Assembly 

M r Saltar reported he had Delivered a Copy of the above 
Minute to the Speaker of the Assembly the House then 
Sitting 

Compared by 

CHA. READ D Secr y 



1750-1] JOURNAL OF GOVERNOR AND COUNCIL. 277 

At a Council held at Burlington on Tuesday the 5th Day 
of February 1750 

Present 
His Excellency the Governor 

M r Reading M r Johnston 

M r Alexander M r Kemble 

M r Rodman M r Saltar 

His Excellency ordered attested Copies of His Majestys 
8th & 35th Instructions to him to be Read in Council and 
Desired their Opinion thereon. 

His Excell 7 Nominated to the Council the following per- 
sons. 

Samuel Smith to be Judge of the Pleas in the County of 
Burlington. 

Benjamin Bispham one of the Justices of said County. 

Ebenezer Miller Judge of the Pleas in the County of 
Cumberland. 

Ananias Sayre Justice of the Peace in said County 

John Anderson Judge of the Pleas in the County of Mon- 
mouth 

Joseph Stillwell & William Hondrickson Justices for said 
dounty of Monmouth 

To which Nomination the Council gave Consent 

His Excellency laid before this Board two Letters from 
Samuel Nevill Esq r 

Also the Examination of William Waller taken before him 
<fe the Petition of Sam 1 Fitz-Randolph in respect to some 
piratical practices on Board the Sloop Mary of Woodbridge, 
said Sam 1 Fitz Randolph Master in North Carolina & Desired 
the Council to make Report thereon to him, what is proper 
to be done. 

Province of New Jersey ss : 

The Examination & Confession of William Waller late of 
the Township of Woodbridge in the County of Middlesex 
and Province of New Jersey Mariner who Saith. 



278 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

That on or about the 19 th day of September last past, he 
this Examinant Sailed out of the Port of Perth Amboy on 
Board the Sloop Mary Samuel Fitz-Kandolph owner, and 
Master; That this Examinant went before the Mast as a 
Sailor That the said Sloop was bound to North Carolina, 
where they arrived on the Sunday following ; that they saw 
a large Spanish Ship of about 500 Ton at an anchor over 
the Bar, of O'irikett 1 Inlet; That the said Ship appeared to 
be in Distress, having lost the Head of her fore mast and the 
head of her Main mast, and her Mizzen mast quite gone and 
her Rudder : That after the Gale was over the Boatswain of 
the aforesaid Spanish Ship came on Board the aforesaid Sloop 
in Order to Agree with the Master Samuel Fitz Randolph to 
Carry a Cargoe for the said Ship to Norfolk in Virginia ; 
That this Examinant understanding something of the Spanish 
Tongue, assisted as an Interpreter between the Master of the 
Sloop and the aforesaid Spanish Boatswain : That the said 
Master Samuel FitzRandolph agreed with the s d Boatswain 
to Carry such Effects as Should be put into the Sloop from 
the said Ship to Norfolk in Virginia aforesaid for five hun- 
dred and seventy pieces of Eight but that there were no 
Articles of Agreement signed between the said parties to this 
examinant knowledge. And this Examinant further Saith r 
That in about a week afterwards the aforesaid Spanish Boat 
Swain came with about fifteen hands of the ships Crew, in a 
Launch and hawl'd the said Sloop alongside the aforesaid 
Spanish Ship ; That this Examinant Saw the Master of the 
aforesaid Spanish Ship (as he was told) on board the said 
Ship, who ordered the following Effects to be put on Board 
the said Sloop, to wit, Cocoa Cocheonial sug" and about fifty 
four Chests of money ; That after the Sloop had taken in the 
Goods, She hawl'd off to an Anchor ; That some words hap- 
pened a few days after this between the Master of the said 
Sloop & this Examinant and that they parted by Consent, and 
this Examinant went on Board a Sloop then riding in the Har- 
bour, bound for Middle town in new Jersey, one Anderson Mas- 

1 0cracoke. 



1750-1] JOUBNAL OF GOVERNOR AND COUNCIL. 279 

ter, And this Examinant further saith, That about two or three 
nights before he this Examinant left the aforesaid Sloop, one 
Joseph Jackson, a sailor on board the said Sloop Delivered 
to this Examinant about four hundred and fifty Pieces of 
Eight Tyed up in an oznabrig bag, and at the same time the 
said Jackson gave this Examinant a Letter Directed to his 
Father James Jackson, in Woodbridge in the Province afore- 
said with orders for this Examinant to Deliver two hundred 
& thirteen of the afores d Pieces of Eight to the afores* 
James Jackson ; That the Remainder of the said Pieces of 
Eight he this Examinant Claimed as his Share : That this 
Examinant believed the said money belonged to the Spanish 
Ship aforesaid ; And this Examinant further Saith, That he 
was informed by Thomas Edwards and Kinsey FitzRandolph, 
that they, the said Thomas Edwards & Kinsey FitzRandolph 
had cut a hole at the foot of the Lar-board Cabin through 
the Bulk-head into the hold of the said Fitz Randolph's 
Sloop, where the money had been lodged by the Spaniards ; 
That the Hatches of the said Sloop going into the Hold 
were barr'd & lock'd by the Spaniards ; and the said Spaniards 
took the Keys away with them, That this Examinant never 
took any money out of the said hold, but Confesses that the 
said money was divided amongst the Sloops Crew as follows, 
to wit, Kinsey FitzRandolph, mate of the said Sloop, Samuel 
FitzRandolph jun r Thomas Edwards, Benjamin Moore Joseph 
Jackson & silas Walker and this Examinant, This Examin- 
ant being Asked, Whether Samuel FitzRandolph Sen r Master 
of the said Sloop, know anything of the taking of the afore- 
said Money Answered, not to his knowledge : But saith r 
That he this Examinant and the rest of the Crew went for 
water, and left on board the said Sloop, only the Master 
Sam 1 FitzRandolph Sen r and his two sons, Kinsey FitzRan- 
dolph & Sam 1 FitzRandolph jun r That when they Came on 
Board again Kinsey FitzRandolph told this Examinant, That 
he had been in the Hold, & had got seven hundred Pieces of 
Eight for his Father Samuel FitzRandolph Sen r and had also 



280 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

got forty pieces for himself: And this Examinant further 
Saith, That money was taken out of the Hold twice before 
he came away, as he believes for that they made two Shares 
or Dividends amongst the Sloop's Crew, as above mentioned, 
to wit, Kinsey Fitz Randolph Sam 1 FitzRandolph jun r Tho 8 
Edwards Benjamin Moore Joseph Jackson Silas Walker & 
this Examinant ; And this Examinant further Saith, That 
some time in the Month of October last, he this Examinant 
sailed from North Carolina in the middletown Sloop afore 
mentioned Anderson, Master, That after they were got over 
the Bar O'crikot Inlet afores d And on their voyage, Capt 
Anderson discovered, that this Examinant had got Spanish 
money on board, and then the said Captain told this Ex- 
aminant, That If he had known it before, he would not have 
brought him ; That when they Arrived at Sandyhook this 
Examinant went on Board a sloop belonging to James Smith 
Esq r of Woodbridge in the Province of New Jersey and 
arrived at Woodbridge on the 16 th of October: That the 
next morning this Examinant Sent for Mary Jackson jun r 
the sister of Joseph Jackson before mentioned, and gave to 
her the Letter before mentioned directed to James Jackson, 
and six pieces of Eight: That on Monday Sen'night last 
he delivered to the said Mary Jackson jun r Two hundred & 
seven pieces of Eight more, before Robert FitzRandolph, 
Hartshorne FitzRandolph, Mary Jackson Sen r & mercy 
Smith, That Hartshorne Fitzrandolph became Security to See 
the afores d pieces forth Coming when ever they Should be 
Demanded. And this Examinant further Saith, That out of 
his this Exarninant's Share of the said money he laid out at 
New York sixty eight pieces, That he lent to one James Cod- 
ington Twenty five pieces, To James Pike thirteen pieces, to 
Robert Fitzrandolph five pieces, to Isaac FitzRandolph three 
Pieces, That he Changed with one .... Polocks fifteen 
pieces for Jersey money ; and that the Remainder of the said 
pieces are now at this Deponents place of Abode, to wit, at 
the House of Robert FitzRandolph in Woodbridge 



1750-1] JOURNAL OF GOVERNOR AND COUNCIL. 281 

This Examination was read over 
distinctly to William Waller, who 
said it was right and True, Taken WILLIAM WALLER 
this fifth day of November 1750 
Before us Samuel Nevill James Smith 

A True Copy Examined by Samuel Nevill 



At a Council Held at Burlington on Wednesday y e 13 th 
February 1750 

Present 
His Excellency the Governor 

M r Reading M r Hude 

M r Alexander M r Leonard 
M r Hodman 

M r Johnston M r Saltar 

His Excellency laid before the Board the Message from 
the House of Assembly of the 12th of February by M r 
Smith & M r Wetherill 

And Desired the Advice of Council thereon 

Then His Excelly laid before the Board the Message from 
the House of Assembly of the 11 th of February Instant by 
M r Van middlesworth & M r Fisher 

And desired the Advice of Council thereon 



At a Council held at Burlington on Monday the 18 th of 
Feby 1750 

Present 
His Excellency the Governour 

M r Reading M r Hude 

M r Alexander M r Johnston 

M r Rodman M r Saltar 

His Majesty's Council gave their Opinion in respect to the 
Petition of Samuel FitzRandolph as follows. 



282 NEW JERSEY COLONIAL DOCUMENTS. [1750-1* 

May it please your Excellency 

In Obedience to yo r Excellency's order in Council of the 
fifth instant referring to us, the Peticon of Samuel FitzRan- 
dolph Late Master & owner of the Sloop Mary and the Ex- 
amination of William Waller, a mariner on Board the said 
Sloop & two Letters from Samuel Nevill Esq r one of the 
Judges of the Supreme Court of this Province and Deposi- 
tion of Samuel FitzRandolph Kinsey FitzRandolph Benja- 
min Moore and Silas Walker, which last three were also 
Mariners on Board the said Sloop In Order to Consider 
the papers aforesaid and to Report to Your Excellency what 
we should think proper for your Excellency to do therein. 

We beg leave humbly to report to yo r Excell y that we have 
considered the said papers and sent for Samuel Nevill together 
with James Smith Esq of woodbridge before whom the said 
Depositions were taken & examined them as what further 
they heard or know Concerning the Matters in the papers 
aforesaid and upon the whole are of Opinion that there is 
great Reason to Suspect every one of the Mariners on Board 
the said Sloop to have been Guilty of Robbery and Piracy 
and some to suspect even the Petitioner, and Therefore that 
the prayer of the Petitioner be not granted. 

But on the Contrary, That your Excellency should give 
order to y e Judges of the Supreme Court or one of them to 
Cause the Master & Mariners of the said Sloop to be appre- 
hended & brought before them or him, and that they be Sep- 
arately & privately Examined Concerning the Piracy and 
Robbery afores d and that Care be taken that neither of them 
have any opportunity to Confer with one another from the 
beginning of the said Examination till it be finished and par- 
ticularly how they came away from Carolina, for what reason 
was the said Sloop seized there, what proceedings had been 
there against them & the said Sloop, and whatever further 
Questions may be thought necessary for the Discovery of the 
Truth; And if upon the papers referred to us, and from 
what shall be discovered by the said Examinations, it shall 



1750-1] JOURNAL OF GOVERNOR AND COUNCIL. 283 

appear that there is sufficient reason to suspect the said Master 
& Mariners or either of them to have been Guilty of Piracy 
& Robbery or either of them that then they be Committed 
till Delivered by due Course of Law : And that in the 
meantime the pieces of eight Confessed by the said Will m 
Waller to have been taken out of the Hold of the said Sloop, 
after they had been Laden therein by the Spaniards together 
with the Proceeds of the Effects bought by him with such 
pieces of Eight be Secured in the hands of And w Johnston 
Esq r His Majesty's Receiver General & Treasurer of the 
Eastern Division of New Jersey until further Order, and 
that the utmost Secrecy be Observed in this matter until the 
said Suspected Criminals be Apprehended. 
Feb r 17. 1750 

A true Copy from the Minutes of Council 

CHA READ Secry 

Also as to the Message from the House of Assembly of the 
11 th instant by M r Van middlesworth and M r Fisher as follows. 

May it please your Excellency 

In Obedience to your Excellencys Order in Council of the 
13 th Instant referring to us, the Petition of Joseph Bonney 
and the message of the House of Assembly to Your Excell 7 
of the 11 th Inst. for our Advice thereon. 

We have Considered the same and the Answer of Thomas 
Leonard Esq r to the matters therein Alledged against him, 
and if what he Answers be true, it does not appear to us, 
That he is guilty of the neglects & breaches of Duty alledged 
Against him, but as we are no proper Judges of such Facts, 
alledged by the said Message on the one hand, and avoided 
or denyed by y e said answer on the other part ; We are hum- 
bly of Opinion, that your Excell 7 do lay the same Answer 
before the House of Assembly in order that they may reply 
to the said Answer and point out & Insist on such Facts, 
denyed by it, as they shall think proper, and if those insisted 



284 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

on, shall appear to us, to be in any way a breach or neglect 
of Duty Incumbent on him to have performed, We shall then 
Humbly Advise your Excelly, to order the Attorney General 
to File an Information against him for the Tryal of the Truth 
of the Facts insisted on, and when M r Leonard is found 
Guilty, or Acquitted of those Facts, We can with safety 
finally Advice your Excellency in this matter. 
We are 

Your Excellency's 

Most Obedient hum : Servants 
February 17. 1750 

A true Copy CHA READ Sec'ry 

Also as the Message from the House of Assembly of the 
12 th Instant by M r Smith and M r Wetherill as follows 

May it please Yo r Excell y 

In obedience to Your Excellency's Order in Council of the 
13. Instant referring to us, the Message of the Assembly to 
Your Excell 7 of the 12 Instant Concerning William Deare. 

We humbly Report to Your Excellency that we sent for 
the said [William Deare] who brought John Deare his Father, 
whose Depositions we took in the following words 

John Deare of the City of Perth Amboy, being duly sworn 
on the Holy Evangelists, on his Oath, declared, that his son 
William Deare, was above twenty six Years ago born at Mid- 
dle town point in the County of Monmouth and two Years 
afterwards this Deponent removed to the County of Middle- 
sex where he hath ever since resided, and his said son with 
him, till of Age fit to be put Apprentice, and as such he 
served William Oaks of New Brunswick Merchant in the 
said County of Middlesex, That after his Apprenticeship was 
out, he Attended the business of Andrew Johnston Esq r at 
his Mills in said County of Middlesex, for about four Years, 
from Sometime in 1743 to sometime in 1747, That for some- 
time afterwards he lived with this Deponent in Middlesex 



1750-1] JOURNAL OF GOVERNOR AND COUNCIL. 285 

County, where this Deponent esteems his Place of Residence 
has ever since been tho' at sometimes he assisted M r Walton 
of New York, in his business But was at Liberty at any time 
upon two months Notice, to leave M r Walton, That his said 
son has not been any one time since he went to M r Walton, 
so much as a year out of the County of Middlesex, and that 
During that time he was four or five times in the County of 
Middlesex, with this Deponent for several weeks at a Time. 
That long above three Years before the 22 d of January last, 
this Deponent Granted to his Said son, a firm Deed for a 
Freehold in the County of Middlesex and believes he is Still 
thereof Seized in Fee simple And further saith not 

Sworn the 14" Day of February 1 JQHN DEAKE 
1750 before J 

The aforesaid William Deare being Duly Sworn, Saith, 
he has heard read the above Deposition of his Father and 
believes it to be true. And saith he is now seized of & 
never sold or Disposed of the Freehold granted to him by 
his Father as above is mentioned ; and further saith not 

Sworn the day and year above) WlLLIAM DEARE 
before J 

We also humbly report to your Excellency, that as it is a 
point of Law, whether, on the Facts in the said Depositions 
set forth, the said William Deare was a Resident for three 
Years before the 22 d of January last, the Date of his Com- 
mission as Sheriff we requested the Opinion of the Judges 
of the Supreme Court thereon which Opinion they have given 
us in the following words. 

1 At the Request of His Majesty's Council of the Province 
' of New Jersey for the opinion of the Judges of said Province, 
' whether (on the Facts appearing in the Deposition of John 
< Deare Esq r ) William Deare Esq r Sheriff of Middlesex, hath 
1 been Resident in the said County, pursuant to the Law of 
' the said Province in that Case made and provided ? We 






286 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

' have taken the same into Consideration and are of Opinion, 
'that we are in Duty bound rather to Consider the word 
' Resident, by the Construction of the Law, than in that sence 
' which it may have obtained by Common Parlance. 

' Preambles to Acts are generally said to be the Keys to such 
' Acts ; but neither the Title nor the Preamable to the Act in 
' 4 Question, gives us, the Least light therein. If we are to 
' Judge of the meaning of the word, Resident, by y e Acts of 
' Assembly of this Province * The Act to Explain what shall 
'be a Legal Settlem* & Passed in the 13 th year of His 
4 Present Majesty's Reign, makes Residency & gaining a set- 
'tlement, Synonimous Terms; And in the first enacting 
' Clause of the said Law, (among many other Qualifications 
' for obtaining a Settlement) it expressly declares, That no 
c Person shall be deemed Resident, or be entitled to a settle- 
' ment, in any Town & who hath not lived in one House or 
' Family one full year, or Served an Apprenticeship by 
- f Indenture in such place & c In all which Cases such Person 
' shall be Accounted a Legal Settler & c And the Second and 
1 Third enacting Clauses of the said Law, further shew, the 
* Congruity of the words Resident & settlement ; where it 
' provides, that upon a persons Removing from one Town to 
' another in this Province, such person, Shall, in a months 
'time after such Removal procure a Certificate from the 
'Officers of the Town from whence he Came owning & 
'acknowledging him f Properly to belong to, and to be a 
' Resident thereof And thereby, the Act plainly Demonstrates, 
' that tho' a person shall remove from one Town to another 
' and actually dwell and Continue there for a twelve month, 
' Yet by vertue of that Certificate, he shall be esteemed prop- 
' erly to belong to and to be a Resident in the place from 
' whence he so removed and where he had obtained a Settle- 
'ment And the overseers of the Poor of the City of Perth 
'Amboy would have been oblidged to have given him a 
' Certificate thereof if required 

"Laws of the Province 13 Geo : 2. 418. 419. 
flbid 



1750-1] JOUBNAL OF GOVERNOR AND COUNCIL. 287 

' The Law of the Province therefore having generally used 
'the word Resident in this sence, we shall next proceed to 
-' Consider how far William Deare hath been Resident in the 
' County of Middlesex three Years immediately preceding his 
' obtaining a Commission as Sheriff of the said County and 
'' how far he hath lost his Residency therein by Living with 
' M r Walton of New York. 

'It appears first by the Affidavit of John Deare, that 
'' William Deare, his son, was a Freeholder in the County of 
' Middlesex, above three Years, and that he believes he is so 
1 Still ; and by the Affidavit of William Deare, it also appears, 
1 that he is at present a Freeholder in the said County, and 
'hath been so three years before the 22 d of January last 
1 (the Time of his obtaining the said Commission) It appears 
4 further by the Oath of John Deare, Tha,t William Deare 
' served an Apprenticeship with M r William Ouke at New 

* Brunswick in the County of Middlesex in this Province ; 
'and afterwards was retained several Years in the service 
' of Andrew Johnston Esq r in the same County, from which 
' services he obtained a legal Settlement in said County of 
' Middlesex According to Act of Assembly. And from the 
' Facts Contained in the said Affidavit of John Deare The 
' said William is at present legally settled in the said County 

* of Middlesex : Nor Could he have been legally settled in 
' any other County of this Province, had he lived with any 
'person Inhabitant of such other County, under the same 

* Agreem* 3 with those Entered into with M r Walton of New 
' York, since it appears by the aforesaid Affidavit of John 
' Deare, that the said William, was at liberty, at any time, 
' to leave m r Walton's service on two months Notice, and was 
4 near 1 absent from the County of Middlesex one whole year. 
' Now we would remark, that for the Obtaining a Settlement 
4 by the Laws of England, the Authorities expressly declare 
' * that there must be an absolute hiring for a year Certain, 
' without reserve, and an actual service of one whole Year. 



*viner R. S. Title Settlemt of the Poor. 
1 Never. 



288 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

* We come next to Consider how far his Freehold aforesaid, 
' may gain him a settlement and Residence. 

' It was Resolved That whereever a person came to look 
' after his own Estate, he was Settled & not removeable 
' J Living in a Parish where one hath Lands, makes a settle- 
'ment; and the Law takes Notice of Freeholders, such as 
( Chuse Members of Parliament and are Jurors. 

' Both these William Deare could undoubtedly do. 

' N. P. was born and lived till he was of Age in the Parish 

* of 8* Clear, afterwards he goes into 8* Neets, and lives with 
' a Gentleman there as his Servant for eighteen Months, then 
' returns to 8* Clear, the place of his Freehold but never 
' resided there, after this, for forty days together, On a Dis- 
' pute of his Settlement Adjudged, to belong to 8* Clear, (where 
' his Estate lay) and to 8* Neets altho' he had been a hired 
' Servant there for Eighteen Months 

<*N rented an Estate of 100 ^ ann in Sowton, and 
' lived there some Years with his Family ; he had at the same 

* Time an Estate in his own right at Sydbury but never lived 
' forty days successively in Sydbury where his -Estate lay ; 
' Adjudged that his settlem* was at Sydbury where his Free- 
' hold was, and not at Sowton where he had lived some Years 
' and rented 100 ^ ann.' 

< By the Statute of the 8 H. G. ch. 7 it is enacted, that 

* Knights of the Shire Shall be Chosen by Persons Dwelling 
' and Resident in the same County, having a Freehold of 
'Forty Shillings ^ annum, and that they which shall be 
' Chosen shall be Dwelling & Residents in the said Counties ; 
' Yet is it well known, that the uncontroverted Custom of 
' England, is, that Persons living in one County, frequently 
'pass into another, where their Freehold lie, to give their 
'votes for such Knights of the Shire; and that even the 
' Persons so Chosen often live in London or other parts of 
'Kingdom remote from the Counties for which they are 

1 10. Mod 431. Viner R S. 371. The King against the Parish of Burdeer. 
J Ibid. 872. Biship Parish agst Hanow Parish. 
gThe King agst the Inhabitants of St Neets and St Clear Vin. R. S. 
*the King agst the Inhabitants of Sowton & Sydbury Vin. R. S. 374. 



1750-1] JOURNAL OF GOVERNOR AND COUNCIL. 289 

' Elected ; From all which it is evident, that the Parliam* of 
f England, as well as the Judges of the Courts of Common 
'Law, have always esteemed every person to be Resident 
1 where his Freehold lays 

' Upon the whole, we are humbly of Opinion, that William 
* Deare Esq r hath been Legally a Freeholder and Resident in 
'the County of Middlesex for three years immediately be- 
<fore the 22 d of January 1750 at which Time he Obtained 
' his Commission of Sheriff of the County of Middlesex. 
We are your Honours 

Most Obedient Humble Servants 

SAMUEL NEVILL 
CHARLES READ 
February the 16 th 1750. 

And we do further humbly report to Your Excellency that 
we unanimously agree in Opinion with the Judges that 
William Deare Esq r was a Freeholder and Resident in the 
County of Middlesex for three years next immediately pre- 
ceding the Date of his said Commissions. 

A True Copy from the Minutes of Council 

CHARLES READ Secry , 

His Excellency was pleased to Nominate 

Stephen Crane as Judge of the Pleas for the County of 
Essex 

Nathaniel Johnston of Newark Garret Garrets Vanwagener 
of Aquakanonk Justices in said County of Essex. 

William Pancoast a Justice of the Peace in Burlington 
County. 

That Hugh Dunn be a Justice of the Peace in Cumberland 
County. 

To all which Nomination the Council Agreed 

19 



290 NEW JERSEY COLONIAL DOCUMENTS. [1750-1 

At a Council held at Burlington on Friday 22 d of Feb- 
ruary 1750 

Present 
His Excellency the Governor 

M r Reading M r Johnston 

M r Alexander M r Kemble 

M r Rodman M r Leonard 

M r Hude M r Saltar 

His Excellency Nominated Lawrence Hoff and Peter Prane 
to be Justices of the Peace in the County of Hunterdon. 
Also Michael Demott Justice in said County and Humphrey 
Wady as a Judge in Monmouth County 

Application was made by the Justices of the Supreme Court 
for shortening the Term & altering the Times of holding the 
Circuit Courts 

Whereupon this Board Advised His Excellency to Issue 
an Ordinance for holding the Courts of Nisi Prius, in the 
Counties where the same have been usual as also in the 
Counties of Cumberland and Morris, and that the Time of 
holding the said Courts be appointed by the Justices of the 
Supreme Court at their Terms and that Notice of such Time 
be notified in the Publick Newspapers and to Limit the 
Terms of the Supreme Court to five days unless there be 
occasion for holding them Eight days by Reason of Mul- 
tiplicity of business and that the Causes arising in Cape May 
be Tryed at Cumberland 

Compared by 

CHA READ D Secr y 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 291 

The Proceedings of His Majesty's Council at a Session of 
the General Assembly for the Province of New Jersey Met 
At the City of Perth Amboy 

May 21 st 1751 

Present. 

James Hude "1 
And rw Johnston VEsq 
Thomas Leonard J 

His Excellency Came into Council And having Com- 
manded the Attendance of the House of Assembly, they 
Attended When His Excellency was pleased to make the fol- 
lowing Speech, 

Gentlemen of the Council and of the General Assembly 

There having lately been a Choice of A New Assembly 1 I 
have Judged it necessary to the Kings Honour and Service, 
As well as for the Real Intrest of the Province to Meet you 
as Soon as Conveniently Might be 

Gentlemen of the Assembly 

As it is more peculiarly your Privilege and your Duty to 
Make the necessary and Sufficient Supplies for payments of 
the Debts of the Province, and for the Support of His 
Majesty's Government Over you, I must desire you wisely 
and Prudently to Consider the pressing and Distressing Cir- 
cumstances this Province Is brought to, by an Empty Treas- 
ury for near two years past, and that while Justice is circu- 
lating between Man and man, and Private people are obliged, 
by the Law of the land, to pay their Debts one to Another 

1 Members of the new (18th) Assembly : From City of Perth Amboy John Stevens, 
John Johnston ; Middlesex John Wetherill, Shobal (Shebawl) Smith ; Monmouth 
Robert Lawrence, James Holmes ; Essex John Low, Robert Osden ; Somerset J. 
Van Middleswardt, Hendrick Fisher ; Bergen Derick Dey, Cornelius Van Vorst ; 
City of Burlington Charles Read, John Deacon ; County'flf Burlington William Cook, 
Barzillai Newbold; Gloucester William Mickle, Joseph Ellis ; Salem William Han- 
cock, John Brick ; Cape May Aaron Learning, Jacob Spioer ; Hunterdon William 
Mott, John Embly (Emley). Proceedings of N. J. Hiit. Soc., V., SI. 



292 NEW JERSEY COLONIAL DOCUMENTS. [1751 

the Creditors of the Province have been left without Remedy 
and for no Other Cause but from the Difference in Opinion 
between his Majesty's Council and the Late House of Assem- 
bly as to the Manner of raising of Monies ; Surely this Can 
be no Substantial Reason for Stopping the Course of Publick 
justice at Least a Bill ought to Pass In security to all that 
have Claims upon y e Province. 

And as I am sure there Cannot be set before you a better 
Example for your Proceedings in the Publick Affairs than 
that of the Honourable House of Commons of Great Britain 
I must Observe to you, that it is their Constant Practice, first 
of all to Vote to His Majesty an ample Supply of Money, for 
Payment of the Publick Debts and for the necessary Support 
of the Government and thereafter to Consider of ways and 
Means for Raising the said Monies, and this has always proved 
a happy Means of Securing the just Dues of the Subjects 
and thereby of Preserving peace and good order between the 
Legislature and the People 

Gentlemen of the Council and of the General Assembly I 
Doubt not but you are now Come together with good Dis- 
positions and Resolutions to Do all In your Power for the 
Support of the Kings Government and for the Happiness of 
this Province, As I have once and again Mentioned to former 
Assemblies, So I now Do to you, that In all your Debates and 
Deliberations, I heartly wish the Most Pleasing Harmony 
and Agreement, and I Shall Chearfully put the last hand to 
your Wise Results In what I have now Mentioned to you. 

Perth Amboy J. BELCHER 

May 21. 1751. 

Wednesday May 22 d 1751 
The House Met Present 

James Hude And rw Johnston 

Peter Kemble Thomas Leonard 

The House Continued till 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 293 

Thursday May 23 d 1751 
The House Met 

Present the same. 

The House Continued till 

Friday May 24 th 1751 
The House Met 

Present As Above 
The House Continued till 

Satturday May 25 th 1751 
The House Met Present 



}Esq" 



James Hude And Johnston 

Peter Kemble Thomas Leonard 

The House Continued till 

Wednesday May 29 th 1751 
The House Met Present 

James Alexander Peter Kemble 
James Hude And Johnston 

Thomas Leonard 

The House Continued till 

Thursday May 30 th 1751 
The House Met Present 

James Alexander And Johnston ^ 
James Hude Thomas Leonard >Esq rs 

Peter Ketnble Richard Saltar J 



294 NEW JEESEY COLONIAL DOCUMENTS. [1751 

A petition from the Prisoners for Debt in the Goal of 
Middlesex County for an Insolvent Act, was brought In by 
the Door keeper, And read and ordered A Second Reading 

M r Fisher and M r Stevens from the Assembly brought up 
a bill Intituled An Act to Enable the Legislature to Settle 
the Quotas of the Several Counties in this Colony in order 
for Levying of Taxes from time to time as Occasion may 
Require for the payment of the Public Debts for the Support 
of Government and Defraying the Contingent Charges thereof 

Which Bill was Read and Ordered a Second Reading. 
The Board Adjourn d to five o'Clock in y e afternoon 



la the Afternoon the Council Met 
Present as In the Morning 

His Excellency Came into Council and Gave the following 
Message 

Gentlemen of the Council and of the General Assembly 
You may Remember that In the Last Session of the late 
Assembly one Joseph Bonney l then a Prisoner in Somerset 
Goal, Made his Application to this legislature for some 
Redress under his Difficult Circumstances and I have this 
day received his repeated Complaint of the Severity of his 
Case which I now lay before you and upon Reading it I 
believe you will think it will well become this legislature as 
fathers of the people to make a thorough and Effectual 
Examination into the matter, and this I Desire you to do by 
a joynt Committee of the Council and Assembly as soon as 
the More Necessary Affairs of this Session are Dispatched 
and when it is Considered how long the man has been held 
in Durance, I hope this Court will not rise before they do 
what may be proper on their part for his relief or that he 
may In Some Other Court Obtain Justice. 

J. BELCHER 

iN. J. Archives, VIII., Part I., 104. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 295 

M r Vanmiddlesworth and M r Smith from the Assembly 
brought up a Bill Entituled an Act for Naturalizing Philip 
Young Henry Croo Johannes Fisher Jacob Winnacher 1 
Michael Shuatterly and Jacob Kemper which Bill was read 
and ordered a Second Reading 

The Bill Entituled to Enable the legislature to Settle the 
Quotas of the Several Counties in this Colony was Read a 
Second time and Committed to a Committee of the whole 
House 

M r Learning and M r Deacon from the Assembly brought 
up a Bill Intituled An Act for the Revival and Continuance 
of an Act Entituled an Act for the Relief of Poor Distressed 
Prisoners for Debt which was Read and Ordered a Second 
Reading 

Friday May 31* 1751 
The House Met Present as Yesterday 

M r Kemble Chairman of the Committee to whom the bill 
Entituled An Act to Enable the legislature to Settle the 
Quotas of the Several Counties in this Colony was Committed 
Reported the Same without Amendment 

Ordered that the Said Bill be read a third time 
Which was Read Accordingly and the Question being put 
whether the said Bill Shall pass or not, 

Resolved Unanimously that the Same Do pass 
Ordered that the Speaker do Sign the Same 
Ordered that M r Kemble do Acquaint the House of Assem- 
bly that the Bill Entituled an Act to Enable the legislature 
to Settle the Quotas of the Several Counties in this Colony 
In order for Levying of Taxes from time to time as Occasion 
may require for payment of the Publick Debts for Support of 
Government and defraying the Contingent Charges thereof 
Passed this House without any Amendment 
The Bill Entituled an Act for Naturalizing Philip Young 

MVinaeker 



296 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Henry Croo and Others was Read a Second time and Ordered 
to be Committed 

The Bill Entituled an Act for the revival and Continuance 
of an Act Entituled An Act for the Relief of poor Distressed 
prisoners for Debt was Read the Second time and ordered to 
be Committed 

M r Kemble reports that he had Obeyed the Above Order 

Monday June 3 d 1751 
The House Met 

Present 

The Hon ble James Alexander Peter Kemble 1 Eg rs 
James Hude And Johnston / 

M r Lawrence and M r Smith from the House of Assembly 
brought up a Bill Entituled an Act for the Support of Gov- 
ernment of his Majesty's Colony of New Jersey for two 
years to Commence the tenth Day of August one thousand 
Seven Hundred and forty Nine And to End the tenth Day 
of August one thousand Seven Hundred and fifty one and 
to Discharge the Public Debts and the Arrearages And Con- 
tingent Charges thereof which was read and ordered a Second 
reading 

Tuesday June 4 th 1751 
The House met Present 

The Hon ble James Alexander And rw Johnston 
James Hude 
Peter Kemble Thomas Leonard 

The Bill Entituled an Act for the Support of the Govern- 
ment of his Majesty's Colony of New Jersey was read a Second 
time and Ordered to be Committed 

M r Leonard from the Committee to whom the Bill Entituled 




1751] JOURNAL OP THE PROVINCIAL COUNCIL. 297 

an Act for Naturalizing Philip Young Henry Croo Johannes 
Fisher Jacob Winnacker Michael Shuatterly and Jacob 
Kemper was Referred Reported that the Committee had gone 
thro the Same, and Made one Amendment thereto which he 
was Ready to Report when the House will Please to Receive 
the Same 

Ordered that the report be made Immediately Whereupon 
he Read the amend [men t] In his place and Delivered the 
Same In at the Table. 

Ordered that the Said Amendment be read a Second time 
and the Amendment being read a Second time, was agreed to 
by the House and ordered to be Engrossed 

The Bill Entituled an Act for Naturalizing Philip Young 
Henry Croo Johannes Fisher Jacob Winnacker Michael 
Shuatterly and Jacob Kemper with the Engrossed Amend- 
ment being read [a] third time and the Question Put 

Resolved that the Same as Amended do pass 

Ordered that the Speaker do Sign the Same 

Ordered that M r Leonard do Carry the said Bill with the 
Amendment annexed to the House of Assembly and Desire 
their Concurrence to Said Amendment, 

M r Leonard from the Committee to whom the Bill Enti- 
tuled an Act for the revival and Continuance of an Act Enti- 
tuled an Act for the Relief of Poor Distressed prisoners for 
Debt was Referred reported that the Committee had gone 
through the Same and made one Amendment thereto, which 
he was ready to Report when the house will please to Receive 
the same 

Ordered that the Report be made Immediately 

Whereupon he read the Amendment and Delivered the 
Same In at The table 

Ordered that the Said Amendment be Read a Second time 
and the Amendment being Read a Second time was agreed to 
by the House and ordered to be Engrossed 

The Bill Entituled an Act for the Revival and Continu- 
ance of an Act Entituled an Act for the Relief of poor Dis- 



298 NEW JERSEY COLONIAL DOCUMENTS. [1751 

tressed prisoners for Debt with the Engrossed Amendment 
being read a third time and the Question Put 

Resolved that the same as Amended do pass 

Ordered that the Speaker do Sign the same 

Ordered that M r Leonard do Carry the said Bill with the 
amendment annexed to the House of Assembly and Desire 
their Concurrence to Said Amendment. 



P. M. 

The House Met 
Present as in y e Morning 

M r Leonard reported that he had Obeyed the Order of this 
Morning 

M r Hude from the Committee to whom the Bill Eutituled 
an Act for the Support of the Government of his Majesty's 
Colony of New Jersey was Committed Reported the Same 
without Amendment 

Ordered that the Said Bill be read a third time 
Which was Done Accordingly and the Question being put 
whether Said Bill pass or not 
Resolved that the Same do pass 
Ordered that the Speaker do Sign the Same 
Ordered that M r Hude do acquaint the House of Assembly 
that the Bill Entituled An Act for the Support of the Gov- 
ernment of his Majesty's Colony of New Jersey for two years 
to Commence the tenth Day of August One thousand Seven 
Hundred and forty Nine and to End the tenth Day of 
August one thousand Seven Hundred and fifty one and to 
Discharge the publick Debts and Arrearages and Contingent 
Charges thereof Passed this house Without any Amendment 
M r Alexander having Insisted in the Committee to which 
this Bill was Referred, on three amendments thereto, which 
he thought Material, now Dissents to the Passing of this Bill 
without those Amendments and Requests Time to Draw the 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 299* 

Reasons of his Dissent, and that those Reasons may be Entred 
on the Minutes of this House, which request Is Granted by 
this House. 

M r Hude Reported that he had obeyed the above Order 



Wednesday June 5 th 1751 
The House Met Present as Yesterday 

Reasons for M r Alexanders Dissent 

In the Committee upon the Bill for Support of Govern- 
ment M r Alexander haying Moved to leave out these words 
in the Bill viz, Sheet 2 d line 4. 5. and 6/ To Charles Read 
Es(f for the use of Richard Partridge Esq r Agent of this 
Colony at the Court of Great Britain or to the Agent for the 
time being appointed by the House of Representatives and In 
place thereof to Incert, to Such Agent or Agents for this Colony 
at the Court of Great Britain as Shall be appointed by Legis- 
lative Act 

M r Alexander now Dissents to the Passing the Said Bill 
without that amendment for the Reasons at length assign 4 in 
the Minuets of this House on that point In October 1749 he 
Conceiving the Said Amendment to be now as necessary as it 
was then, and the Reasons then assign d to be now Equally 
Strong, for the Making that amendment, or rather Stronger 
but he is Sorry that the Minuets of the Council of that 
Session are not brought here, from Burlington at this time 
that he might add here what further Reasons do now Occurr 
to him which do not Appear there, he is unwilling here to 
mak any Repetition 

M r Alexander now Dissents to the Clause Concerning the 
Chief Justice for Reasons at the Said Sessions of 1749 

M r Alexander Concerning the Warrants for Money to be 
Drawn now Dissents to the words in Council, and Insists 
that words, by and with the advise and Consent of the Coun- 
cil, be put in the place thereof pursuant to the Directions by 



300 NEW JERSEY COLONIAL DOCUMENTS. [1751 

of his Majesty's Commissions and Instructions to his Ex- 
cellency 

M r Fisher and M r Smith from the House of Assembly 
brought back the two Bills, the one Entituled an Act for 
Naturalizing Philip Young Henry Croo, Johannes Fisher, 
Jacob Winnacker, Michael Shuatterly and Jacob Kemper 
And the other Entituled an Act for the Revival and Con- 
tinuance of an Act Entituled an Act for the Relief of poor 
Distressed prisoners for Debt and Acquainted this House 
that the Assembly had Agreed to their Amendments to Said 
Bills and had Engross'd the Same, which they Delivered In 
at the Table which new Engrossments being Compared with 
the former Bills and Amendments are now Signed by the 
Speaker 

Thursday June 6 th 1751 
The House Met Present 

James Hude Peter Kemble 

And rw Johnston Thomas Leonard 

His Excellency Came into Council and having by the 
Clerk informed the House of Assembly that he was in the 
Council Chamber ready to Receive the Address of that House 

They Attended and Delivered their Address in the follow- 
ing Words Viz. 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of New Jersey and Territories thereon Depending In America, 
Chancellor and Vice Admiral In the Same & 

The Humble Address of the House of Representatives of 
the Colony of New Jersey, in General Assembly Convened 

May it please your Excellency 

We His Majestys dutiful and Loyal Subjects the Repre- 
sentatives of the Colony of New Jersey, agree with your 
Excellency it is more peculiarly our priviledge to make the 
Necessary Supplies and in our Opinion to Direct the Method 






1751] JOURNAL OF THE PROVINCIAL COUNCIL. 301 

of doing it for payment of the Public Debts, and for the 
Support of Government and when the true Ends of Govern- 
ment are fully answered, and the officers kept Strictly to their 
Duty in the Execution of the Laws, it then becomes a Duty 
Incumbent on us, in behalf of the People, to make Provision 
for the Support of the Government, as the gratefull Acknowl- 
edgment of an Obliged People ; and we wish we Could say 
those true Ends have been fully Answered, yet Nevertheless, 
we have passed a Bill to Enable the Legislature to Settle the 
Quotas of Each respective County In this Colony, as a 
Necessary previous Step for Supplying the Treasury : Which 
Bill is of the Same Tenor with Seven Bills of the like kind 
passed by the late Assemblies, Saving only that we have 
added to the present Bill, a Declaratory Clause to Discover 
our Intent of taxing Lands hereafter according to value in 
Quantity and Quality between limitted sums to be hereafter 
fixed, and that all lands Purchased from a larger Survey or 
Patent, Shall be Esteemed a Separate Tract, which being the 
proper business of a Taxation Bill, was not Explained by 
Either of the said Seven Bills; Besides which Bill, We 
have also passed a bill for Support of Government wherein 
as ample Provision is made as Usual. 

As to what your Excellency recommended with respect to 
the Practice of the Honourable House of Commons of Great 
Britain, we may reply, that we have done All at Present In 
our Power Consistant with Prudence and Justice not only for 
Supplying the Treasury, but also for payment of the Public 
Debts, and for Supporting the Government, and More than 
this we Cannot Suppose that August Body Ever do upon the 
like Occasions, However, we Shall always Endeavour to 
imitate their wise Examples as Near as the Nature of our 
Affairs and Circumstances of the Colony will admit, which 
we find have been done by former Assemblies and Particularly 
at a Sitting in October 1749. And while we are on this 
Subject permit us, with Submission, to remark that there 
Cannot be set before your Excellency a better Example ; than 
that of our Gracious Sovereign, whose Royal Authority is 



-302 NEW JEBSEY COLONIAL DOCUMENTS. ' [1751 

always Exerted in the Speedy Redress of Grievances And 
Should be glad your Excellency was of Opinion, that your 
Power of doing the like is not Limitted by the Royal order, 
Especially so as to Render you unable to Remove a Justice 
of the Peace without the Advice and Consent of His Majestys 
Council ; notwithstanding which we humbly Conceive your 
Excellency may Remove Such Justice or other Officer for 
Such Reasons as were Pointed out to by a late Assembly And 
for Such Other good and Sufficient Cause to be Signified 
-unto his Majesty and to his Commissioners for Trade and 
Plantations, 

From the whole Tenor of our Conduct this Sitting We 
Presume your Excellency must be Convinced, we Came 
together with the good Dispositions and Resolutions you 
Seemed not to Doubt of by your Speech, and that we have 
Endeavoured for a good Agreement among the Branches of 
the Legislature and from your Excellency's former readiness 
In Passing Bills, we have no Reason to Doubt but you will 
put the finishing Hand to those we have passed this Sitting, 
And to Such other, as we shall hereafter think proper to pass 
for the good of the Colony. And we hope you'll yet Redress 
Such Greivances as the late Assembly did, And we do think 
proper to [be] redressed to the End the Laws of the Colony 
may be Duly regarded, as a Standing Invariable Rule for the 
Good Government thereof. 

By Order of the House 

CHARLES READ Speaker 

Several of the Members being of the people ^ 
Called Quakers agree to the Substance of 
-this Address with their Usual Exceptions f 
to the Stile j 

His Excellency Gave his Assent to the following Bills 
An Act for the Support of Government of his Majestys 
Colony of New Jersey for two years to Commence the Tenth 
Day of August 1749 and to End the tenth Day of August 
1751 & 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 303 

An Act for the Revival and Continuance of an Act Enti- 
tuled An Act for the Relief of poor Distressed prisoners for 
Debt. 

An Act for Naturalizing Philip Young Henry Croo, Jo- 
hannes Fisher Jacob Winnacker Michael Shuatterly and 
Jacob Kemper 

An Act to Enable the Legislature to Settle the Quotas of 
the Several Counties in this Colony in order for Levying 
Taxes from time to time as Occasion May require for Pay- 
ment of the Publick Debts for Support of Government and 
Defraying the Contingent Charges thereof. 

Then His Excellency made a Speech to Both Houses 

Gentlemen of the Council and of the General Assembly 

The 28 th of Last month I had the Honour to Receive a 
Letter from his Grace the Duke of Bedford, one of his Ma- 
jesty's Principal Secretaries of State of the 21 st of March last 
which is Couch'd In the following Terms 

White Hall March 21 st 1751 
Sir 

It is with Great Concern that I am Now to Acquaint you 
with the Death of His Royal Highness the Prince of Wales, 1 
who Expired of A Violent Plowritick 2 Fever about 10 
o'Clock last Night the Greif upon this Occasion upon this 
Melancholy Occasion is great and General It is howsoever A 
great Comfort to His Majesty's faithfull Servants, to find 
that his health is Entirely Reestablished and that her Royal 
Highness the Princess of Wales, and all the rest of the Royal 
Family, are as well as can be Expected in the present Circum- 
stances, I most heartily Condole with you upon this unfortu- 
nate Occasion and am 

Sir your most Obedient 

Humble Servant 

Governor Belcher BEDFORD 

New Jersey 

1 Frederick, father of George III. 
Pleuritic. 



304 NEW JERSEY COLONIAL DOCUMENTS. [1751 

The Death of this prince, who next under his Majesty was 
the Darling and Delight of the British Nation, has Drawn 
a Gloomy Scene for the Prospect of all his Majestys Domin- 
ions ; and I think it my Duty to Say, I shall be Glad to 
joyn with you as Speedily as may be in an Address of Condol- 
ence to our Most Gracious Sovereign upon this Very Mel- 
ancholy Occasion and at the Same time to Congratulate His 
Majesty upon the Entire Reestablish ment of his Health after 
his late Indisposition the Value of whose precious life is 
Doubly Enhanced to all his good and faithfull Subjects by 
the Death of the late Heir Apparent to His Crown and 
Kingdoms 

Perth Amboy J. BELCHER 

June 6 th 1751 

M r Low and M r Hancock brought from the Assembly the 
following Message 

June 6 th 1751 

Ordered that M r Low and M r Hancock wait on his Excel- 
lency and also on the Council and Inform them that the 
house have Appointed M r Fisher M r Spicer M r Stevens and 
M r Ogden to be a Committee to Conferr with his Excellency 
and a Committee of the Council at Such time and place as 
his Excellency Shall Appoint in Preparing an Address to his 
Majesty Agreeable to His Excellency's Speech and that M r 
Speaker is Directed to assist therein 

THO S BARTOW Clk 

Ordered that M r Hude and M r Kemble be a Committee to 
Conferr with His Excellency and the Committee of the 
Assembly at Such time and place As his Excellency Shall 
Appoint in Preparing an address to His Majesty Agreeable 
to his Excellency's Speech 

Ordered that M r Johnston and M r Leonard wait on his 
Excellency with A Copy of the Above Order 

Ordered that M r Leonard Acquaint the House of Assembly 
of the Above order 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 305 

M r Johnston Reported that M r Leonard and himself had 
Delivered the Above Message to his Excellency who requested 
that the Committees would Meet and prepare a Draught of 
an Address and Communicate the Same to him 

Ordered that M r Leonard do further acquaint the House of 
Assembly that M r Johnson and himself had waited on his 
Excellency with the above Message and that his Excellency 
was Pleased to desire that the Committees would meet and 
prepare a Draught of an Address and to Communicate the 
Same to him Therefore Ordered that the Meeting of Said 
Committee be at Seven o'Clock this Evening at the House of 
the Widow Sarjeants. 

M r Leonard Reported that he had Obeyed the above Orders 



Friday June 7 th 1751 

The House Met 
Present as Yesterday 

M r Fisher and M r Spicer brought up from the Assembly 
the following Message 

June 6 1751 

Ordered that Fisher and M r Spicer wait on the Council and 
acquaint them that this House have no Business at present 
before them Except the Address to His Majesty and that as 
the Season of the year makes it Necessary for the members 
to attend their Domestick affairs, if the Council have nothing 
of Importance to lay before the House, they Intend to Desire 
his Excellency to Dismiss them as Soon as the Address Shall 
be finished 

THO" BARTOW Clk 

Ordered that M r Hude do acquaint the House of Assembly 
in answer To their Message of yesterday by M r Fisher and 
M r Spicer that this House has no Objection to their Desiring 



306 NEW JERSEY COLONIAL DOCUMENTS. [1751 

his Excellency to Dismiss them as Soon as the Address Shall 
be finished. 

M r Hude Reported that he had Delivered the foregoing 
Message to the Speaker of the Assembly the House not being 
met 

In the Afternoon the Council met 
Present as in the Morning 

M r Hude and M r Kemble from the Committee Appointed 
to Conferr with his Excellency and a Committee of the 
Assembly in preparing an Address to His Majesty agreeable 
to his Excellencys Speech yesterday Reported that they had 
met a Committee of the Assembly and had prepared A 
Draught of an Address to which his Excellency had agreed 
and which they now lay before this House 

Ordered that the Same be Read, which was done Accord- 
ingly 

Ordered that M r Johnston do Acquaint the House of 

Assembly that the Draught of the Address to his Majesty 
agreed on by his Excellency and the Committee of both 
Houses was agreed to by this House and that this House 
Agrees that it be Engrossed 

Two Copies of the Engross'd Address was Read and 
Approved of 

Ordered that the Speaker of this House do Sign the Same 
after His Excellency in behalf of this House, which Address 
Is in the following words 

To His Most Sacred Majesty George the Second by the 
Grace of God King of Great Britain France and Ireland and 

The Humble Address of the Governor Council and Gen- 
eral Assembly of your Majesty's Province of New Jersey 

We your Majestys most Dutiful and Loyal Subjects in 
most humble Manner, beg leave to Lay ourselves At your 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 307 

feet, Condoling with you on the Melancholy Occasion of the 
Surprising and unexpected Death of his late Royal Highness, 
the Prince of Wales. The Cutting off of Such a Principal 
Branch of your Royal House as it must most Tenderly affect 
your Majesty. It also Presents a Most Gloomy Scene to all 
the British world, and altho we are So Distantly Removed 
from your Royal Presence, yet So Signal a Loss to your 
Majesty and to the Nation has Seized our Dutifull and Loyall 
Hearts, with A Grief we Can hardly find words to Express. 

It is quite out of our Power to Draw the Character of this 
great Prince of your Royal Lineage nor Dare we to Attempt 
it : But must Content Ourselves in a Silent Admiration of 
the Variety of his Princely and private Virtues. We think 
it a Duty Incumbent on us, with the Greatest humility and 
Resignation to Submit to the Dispensations of Divine Provi- 
dence Who has Permitted this Heavy Calamity to fall upon 
your Majesty and the British Subjects, and at the Same time 
that we Presume to lay the Imperfect Expressions of our 
Real and Hearty Sorrow at your Majestys Feet, we Esteem 
it a Duty we Owe to God and to your Majesty to Congratu- 
late you, upon your Happy Recovery to a firm State of Health 
after your late Indisposition, For the Continuance Whereof 

And that your Majesty may Long live Going on in the 
Glories of your Reign, Admired and Respected by all the 
Princes and Powers of Europe And at the Same time, Still 
Reigning at Home In the Hearts and Affections of a Most 
Dutifull and Loyall People, 

And that there may Never be Wanting a Prince of your 
Royall house to Inherit your virtues and your Kingdoms. 
Is and Shall be the Continual Subject of our Ardent Prayers 
to the God of all Power and Mercy 

We are May it Please your Majpsty 
Your Majestys 

Most Loyal and 

Most Dutifull Subjects 

J BELCHER Gov r 



308 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Perth Amboy 

In the Province of New Jersey 
June 7 th 1751 

JAMES ALEXANDER Speaker by 

order and in behalf of his 

Majestys Council 
By order of the General Assembly 

CHARLES READ Speaker 

M r Johnston Reported that he had Obeyed the Above 
Order 

At a Council held at Perth Amboy May 30 th 1751 

Present 
His Excellency Jonathan Belcher Esq r 

James Hude Peter Kemble 1 

Andrew Johnston Thomas Leonard / 

His Excellency laid before the Board a Letter from the 
Duke of Bedford of Janry 10 th 1750/51 Relating to the 
Spanish Wreck Lost last fall on the Coast of North Carolina, 
on which he Desired the Opinion of this Board 

His Excellency also Laid before the Board a Letter from 
the Duke of Bedford of Febry 1 st 1750/1 Relating to the 
Treaty of Peace lately made with the King of Spain 

His Excellency also laid before the Board a Letter from 
the Duke of Bedford of March 21 1750/51 Notifying the 
Death of the Prince of Wales. 



At a Council held June 6. 1751 

Present 
His Excellency Jonathan Belcher Esq r 

James Hude Peter Kemble i 

Andrew Johnston Thomas Leonard / S( ^ 



1751] JOURNAL OF GOVERNOR AND COUNCIL. 309 

His Excellency laid before the Board the Bill Intituled an 
Act to settle the Quotas of the Several Counties in this 
Colony &c that pass'd the Council and Assembly this Session, 
which was Read and Also His Majesty's 84 th1 Instruction. 
His Excellency then desired the opinion of this Board, whether 
the Governor's Assenting to said Bill, will be Inconsistent 
with said Instruction. 

Of which the Board prayed time to Consider 

In the Afternoon the Council met Present as in the morn- 
ing M r Hude Delivered to His Excellency the Opinion of 
this Board to the Question he proposed to them this Morning 
in the following words 

May it Please Your Excellency 

In Obedience to your Excellency's Order in Council of 
this Day, desiring our Opinion whether your Excellency's 
Assenting to the Quota Bill as it now stands past by the 
Council and Assembly would be Inconsistent with His Ma- 
jesty's 84 th Instruction 

We humbly Report that tho' the said Bill in the shape it 
was Seven times sent up by the former Assemblys to the 
Council before this Session was in our Opinion inconsistent 
with the said Instruction But with the Provisoe and Explana- 
tion now Added at the End of the said Bill, it does not now 
Appear to Us to be inconsistent with the said Instruction, 
We are 

Your Excellency's most humble Servants 

JA : ALEXANDER AND W JOHNSTON 

JA : HUDE, PETER KEMBLE, Tno 8 LEONARD 

Council Chamber 
June 6. 1751. 

His Excellency nominated Samuel Stout of Hunterdon 
County to be Appointed a Justice of the Peace for said 
County whom the Board Approved of 

His Excellency Laid before the Board a List of Persons 



310 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Recofaended to him to be Appointed Judges and Justices for 
Monmouth County, whom whom the Board Approved of and 
are as follows 

for Judges. for Justices 

Jonathan Forman Thomas Woodward CorneluisVandeveer 
John Bown Robert Montgomerie Jeremiah Borden 

John Anderson Stephen Pangburn Garret Morford 
Humphry Wadie Amos White Guisbert Longstreet 

David Rhe Francs Deuse David Curtis 

John Nevill Joseph Stillwell 

William Hendrickson Timothy Ridgway 

A true Copy 

CHA READ Secry 

Proceedings of His Majestys Council for the Province of 
N. Jersey 

Pursuant to an adjournment. 



Mondey 16. 7ber 1751. 

The House Mett. 

Present. 

The Hon ble Jno Rodman Tho 8 Leonard \ 
Sam 1 Hude Rich d Saltar J 



His Excellency Came into Council, & having by the Clerk 
of the Council, Commanded the attendance of The House of 
Representatives, 1 They attended, when his Excellency was 
pleased to make the follow g Speech. 

1 For list of members of the Eighteenth Assembly see page 291 ante. Richard 
Wood succeeded John Brick, of Salem. See original Minutes of N. J. Assembly, 
in the library of the N. J. Hist. Soc. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 311 

Gentlemen of the Council & of the General assembly. 

It is with much pleasure & eattisfaction, That I look Back 
upon the Kind & friendly Intercourse that subsisted among 
you during the last session & which was productive of happy 
consequences, for the better security of the Government of 
this province, & of the welfare of the people. 

Gentlemen of the General assembly. 

as this is the time set for a return from the several Counties 
of Lists, of the Taxable Estate of the province, I hope you 
will Immediately proceed upon such a Bill as may be Neces- 
sary for paying off the Debts of the Government & for the 
future support whereof. I am glad to find by the Minutes 
of your House, that you have in some Measure anticipated 
me in what I had Intended to have said to you on this Head 
by your having already appointed a Committee, to bring in 
a Bill for the support of the Government ; your Readiness 
& alacrity in this matter I Look upon as an Instance of your 
Duty & Loyalty to the Best of Kings ; because it must have 
a Tendancy to the Better establishment of the Honour & 
Dignity of his Majestys Government in this province & it 
also Shews the Just regard & Care you are taking to prevent 
any Cry of Injustice from the officers of the Government for 
want of their Just Dues, & while I am on this Head I think 
it my Duty to recommend to you the Extending of this Bill 
to some reasonable Time for the avoiding Tedius Journeyings 
& Long attendance upon the frequent Sittings of the assembly, 
which must be a ditriment to your private affairs : & allso an 
occasion of making the Taxes more heavey & Burthensome 
upon the people. 

Gentlemen of the Council & of the General assembly. 

I depend you will go thro' these material Things with 
Dilegence & Dispatch & with a desireable unanimity and if 
after they are Compleated you have anything to Lay before 
me that may Contribute to his majestys service & Interest, & 
to the prospirity of the people I shall chearfully give attention 



312 NEW JERSEY COLONIAL DOCUMENTS. [1751 

to it, having no aim's or views in the Course of my admin- 
istration but to make this a happy & Flourishing Province 

J. BELCHER. 
Burlington 16 th Sept br 1751. 

A message from the House of assembly by M r Hancock & 
M r Devion. 1 

Ordered that M r Lawrence M r Cook M r Learning M r 
Mickle & M r Wood 2 be a Committee to join a Committee of 
the Council to inspect the Treasurers acco ts & also to inspect 
& Burn the Cancelled Bills & make report to the House, & 
that M r Devion & M r Hancock do inform the Council 
Thereof, & Desire them to appoint a Committee for that 
purpose. 

by order of y e House 

SAM 1 SMITH Cl k 



Tuesday 17 th Sept* 1751. 
The House Mett, Present. 

The Hon le Jn Reading 
Jn Rodman Tho 8 Leonard \ 
Sam 1 Hude Rich d Saltar / 

order'd That M r Rodman M r Saltar, & M r Leonard or any 
two of them be a Committee, to join a Committee of the 
House of assembly to inspect the Treasurers acco ts & also to 
inspect & Burn the Cansell'd Bills, that the Committee meet 
at the House of Jn Trapnell, in the City of Burling n on 
Thursday next at 4 O'Clock in the afternoon for that pur- 
pose, order'd that M r Leonard do acquaint The House of 
assembly therewith. 

The House Contin d 

1 Deacon. 
See note on page 310. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 313 



Wednesday 18 th Sept r 

Present 
The Hon le Jno Reading Jam 8 Hude ^ 

Tho 8 Leonard >Esq rs 
Jn Rodman Rich d Saltar J 

M r Leonard Reported that he had obeyed the above order. 



Thursday 19 th Sep r 

Present 
The House Mett 

The Hon le Jn Reading James Hude ^ 

Ja 8 Alexnder > Esq" 

John Rodman Tho 8 Leonard ) 

M r Hancock & M r Wood from the House of assembly 
broug 4 in a Bill, entitled an act for erecting a Toll Bridge 
over Salem Creek. The Bill entitled an Act for erect 8 a Toll 
Bridge over Salem Creek, was read a first Time & order'd a 
Second Reading. 

Friday Sep r 20. 
The House Mett. Present as before 

The Bill entitled an Act for erecting a Toll Bridge over 
Salem Creek, was read a Second Time & Committed to The 
members of this House, or any Three of Them. 

M r Leonard Chairman reported the Bill w th sundry amend* 8 
which being twice read were agreed too & order'd to be 
engrossed. The Bill with the engrossed amendments being 
read a Third Time, Resolv'd that the same do pass order'd 
that the Speaker do sign the same with the amendments 
order'd that M r Leonard do carry the s d Bill with The amend- 



314 NEW JERSEY COLONIAL DOCUMENTS. [1751 

ments to the house of assembly, & acquaint them That this 
House have pass'd the gaid Bill, with sundry amend* 8 to 
which they desire the Concurrence of That House. 

A message from the assembly in the follow 8 words ordered 
That M r Embly, & M r Holmes do Carry the Bill entitled a 
supplement, to an act entitled an Act to Encourage the Kill- 
ing of Wolves, & Panthers to the Council for Concurr 

Septem' 20 th 1751. SAM 1 SMITH Cl k 

The Bill entitled a Supplement to an Act, entitled an Act 
to encourage the Killing of Wolves & Panthers & c was read 
a first time & order'd a Second Reading. 

A message from the Assembly in the follow 8 words order'd 
That M r Devion & M r Ellis, do Carry the Bill entitled an 
Act to repeal part of an Act entitled an Act to Impower 
Sundry of the Inhabitants & c to the Council & desire their 
Concurrence to s d Bill. By order of y* House 

Septem r 20 th 1751. SAM 1 SMITH Cl k 

The Bill entitled an Act to repeal part of an Act, entitled 
an Act to impower Sundry of the inhabitants & cl was read a 
first Time & order'd a Second reading 

Saturday 21 Sep r 1751 

Present 
The House Mett 

The Hon le Jn Reading ^ 

Jam 8 Alexander >Esq 
Jn Rodman J 
The House Con d 

The House Mett. Monday 23 d 

Present as above with M r Johnston, & M r Saltar 
The House Contin d 

l To erect a draw bridge over Cooper's creek. See Nevill's Laws of N. J., I., 439_ 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 315 

Tuesday 24 Sep r 1751 
Present 

The Hon la Jn Reading And w Johnston ^ 

Jam 9 Alexander Peter Kemble V Esq" 
John Rodman Rich d Saltar J 

Lewis Ashfield Esq r presented to this House, his majesty's 
Royal mandamus, for his admission into the Council of this 
province, in the following words. 

George R. Trusty & wellbeloved we greet you well, we 
being well satisfied, of the Loyalty, integrity, & ability of 
our trusty & wellbeloved Lewis Ashfield Esq r have thought 
fit hereby to signify our will & pleasure to you that forth- 
with upon the receipt hereof, you Swear & ad mitt him the 
said Lewis Ashfield to be one of our Council, of that our 
province of New Jersey in america, in the room of Rich d 
Smith Esq r Dec d & for so doing this shall be your warrant, 
& so we bid you farewell, given at our Court of S* James's 
the 8 th day of May 1751 in the 24 th Year of our Reign, 
by his Majesty's Command 

BEDFORD. 

Lewis ashfield Esq r to be^j 
of the Council of New > 

Jersey J 

engrossed Thus 1 

To our Trusty & wellbeloved Jonath n Belcher Esq r our 
Cap* General & Governour in Chief of our Province of 
Nova Seesaria or new Jersey in america, & in his absen ce to 
our Command' in Chief, or to the presedent of our Council, 
of our s d province for the time being also acquainted this 
House, that he 2 had waited of his Excellency the Govern' 
yesterday & this morning, at both which times, he had pre- 
sented the s d mandamus to the Gover 1 after which he had a 
letter in the follow 8 words. 

1 With omissions. 

9 Mr. Ashfield, doubtless. 



316 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Sir 

I have read the Kings mandamus, for appointing you a 
member of his majesty's Council of this province, & am sorry 
to have so good reason, to Defer your admittance at present ; 
for I have been made acquainted, as his Gover r of this prov- 
ince, that at the Last Supream Court, held at Perth Amboy ; 
there was a bill of indictment 1 found against you by a Grand 
Jury, of the County of Middlesex for Damning the Kings 
Laws, & Exprest in such a mann r as if you were inclined to 
withdraw the Loyalty & allegiance you owe to his Majesty, 
if this be true, my Duty to the King as the representative of 
his Royal person in this Government, obliges me to tell you, 
that I cannot admit of your being a memb r of his majesty s 
Council here, untill you have acquitted your self of a Charge 
so Derogatory to his majestys Honour his Crown & Dignity 
& so full of Contempt of his good & wholesom Laws, for 
the Government of this province, given under my hand at 
Burlington 24 th Sep r 1751. 

J. BELCHER. 

To Lewis Ashfield Esq r 

all which he submitted to the Consideration of This House. 
This House taking the & d matter into consideration, ordered 
that M r alexander & M r Kemble do wait on his Excellency 
with the s d letter, to know of him wether it be his hand writ- 
ing. M r Alexander & M r Kemble being returned, reported 
that they had produc'd the s d Letter to his Excellency & he 
acknowledged the same to be his hand writing. 

The House Continued 



Wednesday 25 th Sep* 1751. 

Present 

The Hon 16 Jn Reading And w Johnston ^ 

Ja s Alexander Peter Kemble > Esq r 

John Rodman Rich d Saltar J 

"-"see N. J. Archives, VII., 612. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 317 

This House having Maturely considered the papers Laid 
before it by M r Ashfield. 

Resolv'd That this House has a right to the assistance of 
Those whom his majesty has Commanded to be sworn & 
admitted members Thereof. 

Resolv'd that this House has right to enquire 

1 st by what authority from his Majesty it is that his Excel- 
lency has refused to admitt M r Ashfield, to be a member of 
his Majesty's Council, when by his Majestys mandamas he is 
Commanded forthwith upon the receipt thereof to swear & 
admitt him. 

2 dly This House has a right to Examin into the Truth & 
sufficiency of his Excellencys Reason for the Refusal afore- 
said. 

Resolv'd that an Humble address be presented to his Ex- 
cellency to request of him. 

1 st To lay before this House for their Consideration Coppys 
of all such Papers, as he has Conceived have authoriz'd his 
refusal to admitt M r Ashfield, pursuant to his majesty's 
Mandamus. 

2 dly That his Excellency would be pleas'd to Lay before 
This House, for their Consideration, Coppys of The proofs 
that his Excellency has rec d of the facts alledg'd by him, to 
support his reasons, for his Refusal aforesaid. 

Resolv'd That the said address be forthwith presented to 
his Excellency, by M r Kemble & M r Saltar. 

M r Kemble & M r Saltar being returned reported that they 
bad waited on his Excellency with a Coppy of the above but 
his Excellency refus'd to receive it, or to permit it to be Left 
in his House. 

A message from the assembly in the follow 8 words order'd 
that M r Ogden, & M r Johnston, do carry to the Council, the 
Bill entitled an Act to restrain Tavern Keepers, & others, 
from Silling strong Liquors to servants Negroes & mullatto 
slaves, from meeting in Large Company's & and desire their 
Concurrence Thereto. 
The House Contin d 



318 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Thursday Sep r 26 1751 
The House Mett 

Present 
The Hon le Jn Reading And* Johnston ^ 

James Alexander Peter Kemble > Esq 
John Rodman Rich d Saltar J 

This House resuming the consideration of the affair of M r 
Ashfield & his Excellencys refusal to receive the address of 
this House, do conceive them to be matters of great moment, 
and will be considered off, before Coming to any resolutions 
Thereon, and as a more full House is Expected on Tuesday 
next agreed that the Consideration Thereof, be then resumed. 

The Bill entitled an Act to restrain Tavern Keepers & 
others from Selling Strong Liquors to servants Negroes & 
molatto Slaves, & to prevent Negroes & Mullatto Slaves & c 
was Read a first time & ordered a Second Reading. 

A message from the assembly in the follow g words, order'd 
that M r Hancock, & M r Wood, do Carry the Bill entitled an 
act for erecting a Toll Bridge over Salem Creek, to the Coun- 
cil, together with the several amend* 8 there to, & acquaint 
them that this House do agree to the 1 st & 5 th & have made 
an additional amend* to y e 6 th & adhere to the Bill in the 
other parts and the said additional amendment, to the 6 th 
amend* of this House, being Twice read is agreed too, by the 
House of assembly, & order'd the same to be engrossed as 
amended. 

The Bill entitled a supplement to an act, entitled an Act to 
encourage the Killing of Wolves & c was read a second Time 
& committed to the members of this House or any three of 
them. 

The Bill entitled an act to repeal part of an act, entitled 
an act to Iinpower Sundry of the Inhabitants & c was read a 
Second Time & committed to the members of this House, .or 
any Three of Them. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 319 

order'd That M r Kemble be added to the Committee 
appointed on Tuesday 17 th 8ep r Concerning the Treasurer's 
accounts & c 

The House Contin d Till 



Friday Sep r 27 th 1751. 
The House Mett 

Present. 
The Hon le Jn Reading And w Johnston -j 

James Alexander >Esq" 

John Rodman Peter Kemble J 

The engross'd Bill entitled an Act, for erecting the Bridge 
over Salem Creek, into a Toll Bridge, was examin'd & Com- 
pared & by order of this House signed by The Speaker. 

order'd That M r Kemble do carry the same to the House 
of Assembly, with the former Bill & amend* 8 of Both Houses, 
<fe acquaint them that this House had agree'd to their amend- 
ment, of the 6 th amend* of this House, & receded from their 
other amendments, not agreed too, by the House of assembly, 
<fe engross'd Examin'd & sign'd the same, in order that the 
same be examin'd by the House of assembly, & sign'd by 
their Speaker. 

M r Kemble from the Committee to whom the Bill entitled 
a Supplement, to an act, entitled an act to encourage the 
Killing of Wolves & Panthers was committed reported the 
same without amendment. 

order'd That the said Bill be read a Third Time, which 
was done accordingly, & the Question being put wether the 
s d Bill shall pass or not. 

Resolv'd That the same do pass. 

order'd That the Speaker do sign the same. 

order'd That M r Kemble do acquaint the House of assem- 
bly, that the Bill entitled a supplement to an act entitled an 
act, for the Killing of wolves & c pass'd This House, without 
any amendment. 



320 NEW JERSEY COLONIAL DOCUMENTS. [1751 

M r Kemble from the Committee to whom the Bill entitled 
an act, to repeal part of an act entitled an act to impower 
sundry of the Inhabitants & was Committed reported the 
same, without amendment. 

. ordered That the s d Bill be read a Third Time, which was 
done accordingly & the Question being put, whether the said 
Bill shall pass or not, 

Resolv'd That the same do pass. 

order'd That the Speaker do sign the same 

ordered That M r Kemble do acquaint the House of assembly 
that the Bill, entitled an act to repeal part of an act, entitled 
an act to Impower sundry of the Inhabitants & c pass'd this 
House without any amendment. The Bill entitled an act to 
restrain Tavern Keepers & others from selling strong Liquors 
to servants, negroes & was read a second Time, & Committed 
to the Members of this House, or any three of them. 

The House Cont d 

The House Mett 
Tuesday octob 1 1 1751. 

Present 
The Hon le Jn Reading Ja s Hude ^ 

Ja s Alexander And w Johnston V Esq rs 
John Rodman Peter Kemble J 

M r Kemble reported that he had obey'd the Three orders 
of this House, on Friday Last. 

Octob 1 2 d 
The House Mett 

Present 
The Hon le Jn Reading And w Johnston \ 

John Rodman Peter Kemble > Esq 
James Hude Tho 8 Leonard J 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 321 

A message from the assembly in the follow* words 

ordered That M r Newbold & M r Deacon do carry to The 
Council the Bills entitled an Act for Explaining & amending 
an act of the General assembly, and an act to Vest the Mayor, 
Recorder, Aldermen & commonalty of the City of Burlington 
with the Ferry & c & Desire their Concurrence to the said Bills. 

M r Kemble from the Committee to whom the Bill entitled 
an act, to restrain Tavern Keepers & others from Selling 
Strong Liquors to servants negroes & molatto slaves & c was 
Committed reported The same without amendment 

ordered That the s d Bill be read a Third Time which was 
done accordingly, & the Question being put, wether the said 
Bill shall pass or not. 

Resolv'd That the same Do pass 

order'd That the speaker do sign the same 

ordered That M r Hude, do acquaint the House of assembly 
That the Bill entitled an Act to restrain Tavern Keepers, & 
others from selling Strong Liquors to Servants, Negroes & 
Molatto Slaves & c pass'd This House without any amendment 

The Bill entitled an act to Vest the Mayor, Recorder 
Aldermen & Comanality of the City of Burlington with The 
Ferry & was Read a first Time & order'd a Second Reading. 

The Bill entitled a Supplementary Act, to the Act, entitled 
an Act for Explaining & amending an Act, of the General 
assembly, was read a first Time & order'd a Second Reading* 

The House Continu'd 



Thursday octob r 3 d 1751. 
The House Mett. 

Present 
The Hon le Jn Reading And w Johnston "^ 

Jam 8 Alexander Peter Kemble ! -^ 
John Rodman Tho 8 Leonard 

James Hude Rich d Saltar 

21 



322 NEW JERSEY COLONIAL DOCUMENTS. [1751 

The Speaker Laid before the House a paper from his Ex- 
cellency The Governor, which was Read & is in the Follow- 
ing Words. 

at the Council Chamber Whitehall 30 th July. 1751. 

By a Committee of The Lords of his Majesty's most Hon- 
ourable Privy Council. 

Whereas the Lords of the Committee of Council this Day 
took into Their Consideration, a report made by the Lords 
Commissioners for Trad, & Plantations, upon the state & 
Condition of his, Majestys province of New Jersey in 
america, whereby it appears, That many & great outragious 
& Riotous proceedings, have been carried on for some years 
past, by several of the Inhabitants, of that Province, that 
the goals have been Broken open, by Large Bodies of people, 
& persons free'd & sett at Liberty, & that the power of the 
Government has not been sufficient, to put a Stop thereto, in 
regard the assembly did not concur with the proposals repeat- 
edly made to them by the Governor, & Council, for strength- 
ing their Hands & Bringing the offenders to Justice, that the 
reasons assigned for the Cause & foundation of these Violent 
proceeding as appears by three Petitions of the Possessors of 
Land, in Essex Middlesex & Somersett, referred by his 
majesty to this Committee and the apprehentious They are 
under of being Turned out of the possessions of their Lands, 
which they alledge to have been purchas'd by their ancestors 
<fe Themselves, from the Indian Sachems the original pos- 
sesors of all the Lands There, several Ejectments having 
been brought against them for that purpose 

The Lords of the Committee upon Consideration Thereof 
were of opinion that It would not only be Necessary, but 
Expedient on this occasion, to cause a Strict Enquirey to be 
mad into the True & real cause & foundation, of all those 
Disturbances, and to that End were pleas'd to order that his 
Majestys attorney & solicit 1 General should Consider of 
proper Methods to be Taken for enquireing into the Grivences 
of the Kings Subjects in This province relateing to their 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 323 

possessions, & Look into the precedents & Commissions, That 
have at any Time been Issu'd of Like occasions, & That they 
should prepare a proper Draught, of a Commission to be 
Issu'd for that purpose. 

Leaving Blanks Therein for the names of such persons as 
his Majesty, shall be pleas'd to Nominate Commissioners & 
Lay the said Draught before this Committee with all Con- 
veniaut speed. 

and Their Lordships do think it further Necessary to order, 
as it is hereby ordered That the Lords Commissioners for 
trade & plantations, do prepare & Lay before this Committee, 
a Draught of an additional Instruction, for his Majesty's 
Governor of New Jersey, upon the follow 8 Heads. I 8t for 
Expressing his Majestys Displeasure at the conduct of The 
assembly, in not assisting the Government to suppress The 
Violent & outragious proceedings of several of the Inhabi- 
tants, Tho' repeatedly Call'd upon by the Governor & Coun- 
cil to Concur in proper measures for that purpose ; and also 
(for bignifying his Majestys Expectations, that the assembly 
shall hereafter Contribute their best endeavours, as well by 
support 8 The Government, as by other proper Methods, for 
reestablishing, & preserving The peace & Tranquillity of the 
Province. 

2 dly To Inform all the Inhabitants that his majesty out of 
his Tender Regard for their Wellfare, & as a means to put a 
Stop, to the continuance of such outragious proceedings for 
the future; hath been gratiously pleased to order a Com- 
mission to be passed under the great Seal, Iinpowering proper 
persons to Enquire into the Cause & foundation, of all the 
Greviances Complained off, & to make a return thereof to 
his Majesty, that his further will & pleasure may be signify'd 
Thereupon. 

3 dl7 to Declare to them that his Majesty hath under his 
Consideration, the granting an Act of Indemnity to all those 
who shall appear to have meritted the same ; & to recommend 
in strong termes, to all his Majestys Subjects to behave them- 



324 NEW JERSEY COLONIAL DOCUMENTS. [1751 

selves in such manner That peace & good order, may be pre- 
serv'd for the future. 

Coppy of The order of the Lords Committee of Council, 
on the affair of New Jersey. 

To the Gentlemen of His Majestys Council, For the 
Province of New Jersey. 

The Memorial of Lewis Ashfield 

Gentlemen. 

on the 24th of September Last your memorialist Laid before 
you, his Majestys Mandamus dated 8th Day of May, 1751 
Signifying his Majestys will & pleasure, to his Excellency 
our Governor, that forthwith upon the receipt Thereof he 
should swear & admit your Memorialist, to be one of his 
Majestys Council of this province of New Jersey, your Mem- 
orialist also at the same time, Laid before you his Excellencys 
Letter to your Memorialist, Signifying his refusal to swear 
& admit your Memorialist, with his reasons for his refusal, 
which papers your Memorialist was Inform d were entered on 
your Minutes, your Memorialist was also Informed that you 
addressed his Excellency to Communicate to you, his power 
from his Majesty to make such Kefusal & the proofs he had 
of the reasons assigned by him, That you might enquire into 
& consider The matter ; but that his Excellency was pleas'd 
to refuse to permitt you to Deliver to him your address, or 
to Leave it in his House, as before your Memorialist received 
his Excellencys Letter, he never Imagined That any man 
bad calFd or would Call his Loyalty to his Majesty in ques- 
tion, or the principles of his ancestors, Relations, & his own 
Education, & offices in this Government were too well known, 
to Leave room for any Man to attempt it, & as his Excellency 
notwithstanding these things has by his s d Letter entered in 
your Minutes, done it & refused you the Means, to enquire 
into the truth, or probability of the matter, your Memorialist 
Thinks it his Duty, to Lay the Truth of That Matter before 
you and it is Thus. 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 325 

Your Memorialist being in the Company of two other 
Gentlemen, at the House of John Pridmore at Crumbury, 1 
on the 4 th of August Last, & about to mount Their Horses 
to Depart, one other of the Gentlemen swore an oath, whereon 
a Man Came out of the House, & Took your Memorialist 
by his Shoulder Saying I fine you for Swearing, whereupon 
your Memorialist being provoak'd at the assault, & rudeness 
of The Man, did swear an Oath (then which he is sorry for) 
<fe not before, but Recollecting himself, that the Man, must 
be a Justice of Peace, for none Else by Law, has power to 
fine for Swearing or to apprehend any for Swearing, without 
a warrant from a Justice, your Memorialist CalPd the Man, 
M r Justice, & asked him how much was to pay for the Oath, 
<fe he your Memorialist would pay him, whereupon some 
person Call'd out, that he was no Justice, but a Constable, 
<fe as there fore what he, The Constable had done, was with- 
out, & against Law, and had assaulted your Memorialist as 
before, your Memorialist Thought it then, & Still Thinks it 
was right, to repell unlawfull force, by Force, & accordingly 
for that his assault, & Impudence, in assuming upon himself 
The office of a Justice, to fine your Memorialist, Did give 
him several blows, with a Horsewhip, taken on sudden from 
a Gentleman Standing by, & then said these words, Now fine 
me, but no such words as his Excellency in his said Letter 
alkdges, or to that Tendency, as by five several affidavits of 
persons who were present During the whole affray, & are 
ready to be produced may appear ; That the Supream Court 
sat some few days afterwards at amboy, & the Grand Jury 
brought in a Bill of Indictment against your Memorialist, 
for saying & uttering these English words following, (God 
damn you with your Kings Laws) now fine me, & also for 
an assault & Battery, Committed by the said Lewis Ashfield, 
upon the b d Constable, an attested Coppy of which is here, 
ready to be produc'd to which Indictment your Memorialist 
has pleaded not Guilty, & Conceives that of The assault & 
Battery Laid Therein, he ought to be acquitted, because it 

1 Cranberry. 



326 NEW JERSEY COLONIAL DOCUMENTS. [1751 

appears by the Depositions That the s d Constable first as- 
saulted your Memorialist, & Consequently the Battery ensuing 
must have been the Just Consequence of his own assault, and 
as to the words your Memorialist is so Consious of his Inno- 
ence, with respect to them, That he makes no manner of 
Doubt of being acquitted by his County of them, because 
your Memorialist Conceves that the Depositions above men- 
tioned, Intirely Shew his Innocese, as the said Constable, 
named John Hite, appears by the endorsment, to be the only 
evidence to support it ; who may very Naturely be supposed, 
to be in so great Confusion from the whipping he met with, 
as not to be able very well to remember, any particular sett 
of words ; and as the people who make The above Depositions, 
say positively, they heard no such words, & that they verily 
believe there were none such spoken, and give a very good 
reason for their Opinion Viz: That they were present all 
the Time, & so near your Memorialist, That Those words 
Could not have pass'd without being Heard by them ; your 
Memorialist also Conceives That the words in the Indictment, 
as they appear to have been upon a sudden Quarrell even if 
True (which he absolutely Denies) are far from supporting 
The Charge his Excellency has Laid against him. 

That as your Memorialist Conceives his Excellencys refusal 
of his admission, to be an attack upon the priveledges of his 
Majesty's Council in General, he humbly submitts it to them 
to act Therein as They Think proper. 

LEWIS M. ASHFIELD. 

M r Ashfield presented to this House the above Memorial, 
with a Copy of his Indictment & five affidavits, 1 which were 
read & This House Taking The same into Consideration, & 
having Considered [said] Memorial paragraph by paragraph, 
with The Depositions & other proofs offer'd, to support it, do 
find The first Two paragraphs True by our Minutes. 

as to the 3 d paragraph, Rich d Ashfield Esq r Father of the 
Memorialist, & Lewis Morris Esq r late Governor of this 
province, Grandfather of the Memorialist, were persons well 

'See N. J. Archives, VII., 619. 



1751] JOUKNAL OF THE PROVINCIAL COUNCIL. 327 

known to us, whose Loyalty to his Majesty we never heard 
Doubted off, Many of the relations of the Memorialist were 
also well known to most of us, whose Loyalty, we never 
heard Doubted off, The Memorialist has been for many years 
Clerk of the County of Monmouth, During good behaviour, 
& admitted to be an attorney, & Council at Law, upon 
admission to both which offices, he must have taken The 
State oaths, & but by this present Charge, never heard his 
Loyalty Call'd in Question. 

as to the 4 th Paragraph, the facts thereof we have Care- 
fully examined with the five Depositions & Law of the 
province Concerning Swearing and find That paragraph 
fully supported by these proofs. 

as to the 5 th paragraph we find the words of the Indict- 
ment to be the same that we set forth, in that paragraph of 
the Memorial, & that John Kite the Constable is the only 
Evidence endorsed upon it we find also that every one of the 
5 Depositions do agree, that they heard no such words from 
the Memorialist (as God damn you with your Kings Laws) 
and all assign the reasons, that They were present During the 
whole affry, and so near to M r Ashfield, & he spoke so Loud, 
That had he spoke such words, They must have heard him, 
which with The other reasons assigned in the Memorial, we 
think render it very Improbable at Least, That they should 
have been Spoken by M r Ashfield. 

As to the 6 th paragraph, we are of the Memorialists opin- 
ion, order'd That the said Memorial with our above results, 
be entered in the Minutes. 

Order'd also That Lewis Ashfield Esq r have a Copy of 
what relates to himself if Requir'd 

The House Contin'd 



328 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Friday Octob r 4 th 1751. 
The House Mett. 

Present 

The Hon 16 Jn Reading And w Johnston "j 

Jam 8 Alexander Peter Kemble ! 
John Rodman Tho s Leonard j 

James Hude Rich d Saltar J 

The Bill entitled an act to Vest the Mayor recorder alder- 
men & Commonality of the City of Burlington with the 
Ferry & was Read a Second Time & Committed to the Mem- 
bers of this House or any Three of them. 

The Bill entitled a Supplementary Act, to the Act entitled 
an Act, for Explaining & amending an act of the General 
assembly, was Read a Second Time & Committed to the 
Members of this House or any Three of Them. 

M r Rodman from the Committee to whom the Bill entitled 
a Supplementary act to the act & c was Committed reported 
the same without amendment, ordered that the s d Bill be Read 
a Third Time, which was accordingly Done, & the Question 
being put, wether the b d Bill shall pass or not. 

Resolv'd That the same Do pass. 

Ordered That the Speaker do Sign the same. 

Order'd That M r Rodman do acquaint the House of assem- 
bly that the Bill entitled a Supplementary act to the act, 
entitled an act for Explaining & c pass'd This House without 
any Amendment. 

The House Contin d 

Saturday Octob r 5 th 1751, 
The House Mett 

Present 
The Hon le Ja 8 Alexander And w Johnston -j 

Jn Rodman fEsq rs 

James Hude Tho 8 Leonard J 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 329 

M r Rodman reported that he had obey'd The order of 
yesterday. 

A message from the Assembly in the follow g words. 

order'd That M r Fisher, & M r Stevens, do Carry the Bill 
entitled an Act, to prevent the Exportation of unmerchantable 
flour & c to the Council for their Concurrence. 

The Bill entitled an Act to prevent the Exportation of 
unmerchantable flour, was read a first time and ordered a 
second reading 

The House Contin d 

Tuesday Oct r 8. 
The House Mett 

Present 
The same. 

The Bill entitled an Act to prevent the exportation of un- 
merchantable flour, to Foreign Marketts was read a second 
Time, & Committed to the Members of this House, or any 
Three of Them. 

The House Contin d 



Wednesday Octob r 9 th 1751. 
The House Mett, 

Present 

The Hon le John Reading And w Johnston ^ 

James Alexander Peter Kemble > Esq 

James Hude Tho 8 Leonard ) 

a petition was presented to this House by Bowman Hun- 
lock, setting forth that his father Thomas Hunlock Late 
Dec d was possessed of a grant of the Ferry of Burlington, 
by Virtue of a patent from W m Burnett Esq r Late Governor 
of this Province. 




330 NEW JERSEY COLONIAL DOCUMENTS. [1751 

That he is informed that a Bill has now pass'd the House 
of Representatives, to Devest him of his right therein, & 
sent up to this House for their Concurrence the petitioner 
prays this House that they will not give their assent to the 
said Bill, Till he has a Copy -thereof Delivered to him, & 
reasonable time allowed to his Council to prepare for his Def- 
fence This House taking the s d petition into Consideration, 
ordered That Bowman Hunlock, be serv'd with a Coppy of 
& d Bill, order'd Likewise that the Corporation of the City 
of Burlington be served with a Copy of the petition, against 
the Bill if requested & that Tuesday next, at 2 o'Clock 
P. M be Fixt for the Hearing. 



Tuesday Octob r 10 th 
The House Mett 

Present 

The Hon le Jn Reading And w Johnston ^ 

James Alexander Peter Kemble >Esq" 

Jam 8 Hude The 8 Leonard J 

M r Johnston from the Committee to whom the Bill enti- 
tled an Act, to prevent the Exportation of unmerchantable 
flour, was Committed reported the same without Amendment. 

order'd that the said Bill be read a Third Time which was 
done accordingly & the Question being put, wether s d Bill 
shall pass or not. 

Resolv'd that the same do pass. 

order'd That the speaker do Sign the same. 

order'd That the Hon le Anderew Johnston do acq* the 
House of assembly, that the Bill entitled an act to prevent 
the Exportation of unmerch 16 flour pass'd this House without 
any amendment. 

The House Contin d 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 331 

The House Mett. 
Friday Oct r 11 th 1751. 

Present 

The Hon le Jn Reading And w Johnston ^ 

Jam 8 Alexander Peter Kemble 
Jn Rodman f 

James Hude Tho 8 Leonard J 

M r Johnston reported that he had obey'd the order of this- 
House on Thursday Last. The House Con d 

The House Mett 
Saturday Octob r 12 th 

Present 
The same. 

Monday Octob r 14 th 
The House Mett 

Present 
The same 
The House Cont d 

Tuesday Oct r 15. 

Present 
The same 
The House Cont d 

Wednesday 16 th Oct r 1751. 
The House Mett 

Present 
The Hon le Jn Reading ^ 

Jam 8 Alexander I Esq" 
John Rodman J 



332 NEW JERSEY COLONIAL DOCUMENTS. [1751 

The Bill entitled a supplementary act to the act entitled an 
Act to prevent the Killing of Deer out of season, was read a 
first Time & ordered a second reading. 

The Bill entitled an act for naturalizing W m Evelman, was 
read a first Time & order'd a second reading. The Bill 
entitled an act for support of Government & was read a first 
Time & order'd a second reading. 



Thursday Octob* 17 1751. 
The house Mett 

Present 
The Hon 1 ' Jno Reading And w Johnston ^ 

Ja 8 Alexander Tho" Leonard > Esq M 

John Rodman Rich d Saltar J 

The Bill entitled a Supplementary act, to the act Entitled 
an Act to prevent the Killing of Deer out of Season, was 
read a Second Time & Committed to the Members of this 
House or any Three of them. 

The Bill entitled an act for Naturalizing W m Evelman, was 
Read a Second Time, & Committed to the Members of this 
House or any Three of them. 

The Bill entitled an Act for support of Government & c 
was read a Second Time & Committed to the Members of 
this House or any Three of Them The House Contin d 

The House Mett 

Thursday 17 th 

3 o'Clock P. M. 

Present 
as before. 

The Bill entitled an Act for the Releiff of Joseph Bonny 
a poor Distressed prisoner for Debt in the Goal of the County 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 333 

of Somersett, was read a first Time & ordered a Second Read- 
ing, also The petition & Representation of Mary Force 
against the passing of the s d Bill. 
The House Contin d 



The House Mett 
Friday Octob r 18 th 1751. 

Present 
The Hon le Jn Reading And w Johnston ") 

Ja 8 Alexander Peter Kemble ! ^ n 
John Rodman Tho 8 Leonard f 
James Hude Rich d Salter j 

M r Leonard from the Committee to whom the Bill entitled 
an act, to prevent the Killing of Deer out of Season was 
Committed reported the same without amendment, which 
being Twice read, was agreed too, & ordered to be engross'd. 

M r Leonard from the Committee to whom the Bill entitled 
an Act for the naturlizing W m Evelman was Committed 
Reported the same without amend* 

order'd That the s d Bill be read a Third Time which was 
Accordingly Done & the Question being put wether the s d 
Bill shall pass or not. 

Resolv'd That the same do pass. 

order'd That the Speaker do sign the same. 

order'd That M r Leonard do acquaint The House of 
Assembly that the Bill entitled an act for the naturlizing 
W m Evelman, pass'd This House without any amendment. 

The Bill entitled a Supplementary Act, to the Act entitled 
an act to prevent the Killing of Deer out of season & together 
with the engrossed amendments, being read a Third time, 
Resolv'd That the same do pass. 

order'd that the speaker do sign the same with the amend 1 

order'd that M r Leonard do Carry^ the s d Bill with the 
amend* to the House of assembly, & acquaint them, that this 



334 NEW JERSEY COLONIAL DOCUMENTS. [1751 

House have pass'd the s d Bill -with one amendment, to which 
they desire the Concurrence of that House. M r Leonard 
reported he had obeyed the orders of this House. 
A message from the assembly in the follow 8 words 
order'd That M r Emley & M r Holmes do carry the Bill, 
entitled a Supplementary Act & to the Council together, 
with the amendment, made to their amend* of b d Bill & desire 
their Concurrence Thereto, & the amendment to the amend* 
of this House being twice read. The Council do agree to the 
s d amendment & order'd the s d Bill, with the amend* 8 of both 
Houses to be reingross'd. M r Saltar from the Committee to 
whom the Bill entitled an Act to Vest the Mayor Recorder, 
Aldermen & c was Committed, Reported that the Committee 
had serv'd the partys Concerned, with proper Notice, & that 
yesterday both partys, by their Council Learned in the Law, 
were heard by the Committee, that upon the whole, the Com- 
mittee were agree'd to report the same with one ammend* 
which being twice Read was agreed too, & order'd to be 
engrossed 

Saturday Oct r 19. 1751. 

Present 
The same 

The engrossed Bill entitled a supplementary act, to an act, 
entitled an Act to prevent the Killing of Deer & c was 
Examined & Compared, & by order of this House Sign'd by 
the Speaker, order'd that M r Leonard do carry the same to 
the House of assembly, with the former Bill & amend* of 
both Houses, & acquaint them that this House, had agreed to 
the amend* of their amendm* & had engross'd Examin'd & 
sign'd the same, in order that the same be examin'd by the 
House of assembly & sign'd by their speaker. 

The Bill entitled an Act to Vest the Mayor, Recorder, 
.aldermen & c together with the engross'd amend* being read a 
Third Time. ResolVd that the same do pass. 



1751] JOUHNAL, OF THE PROVINCIAL, COUNCIL. 335 

orderM that the speaker do sign the same w th the amend* 
order'd that M r Saltar do carry the same, to the House of 
assembly, & acquaint them that this House have pass'd the 
s d Bill, with one amendment, to which they desire y e Con- 
curence of that House. M r Leonard reported that he had 
obey'd the order of the House of this Day. M r Saltar from 
the Committee to whom the Bill entitled an Act for Releif 
of Joseph Bonny, was Committed, reported the same with 
sundry amend* 8 which being twice read were agreed too, by 
this House. orderM that said amendment be engross'd. 
M r Saltar reported he had obey'd the order of this House. 
The House Cont d 

The House Mett 
Saturday 19th Oct r Present, the same 

A message from the assembly in the follow 8 words. 

order'd that M r Emley & Holmes do carry the Bill, enti- 
tled A Supplementary act, to y e act entitled an act to prevent 
the Killing of Deer out of Season & c to the Council & 
acquaint them, that this House have pass'd the e-ame as rein- 
gross'd with the amend* 8 agreed upon by both Houses. 

The Bill entitled an act for the relief of Joseph Bonny & c 
together with the engross'd amend* 8 being read a Third Time 

Resolv'd that the same do pass, order'd that the speaker 
do sign the same, with The amendments, ordered that M r 
Saltar do Carry the same to the House of assembly & acq* 
them that this House have pass'd y e s d Bill together with 
sundry amend** to which they desire the Concurrence of that 
House, a message from the assembly in the follow 8 words, 
order'd that M r Denion 1 & M r Newbold do Carry the Bill 
entitled an act to Vest the Mayor, Recorder, aldermen & c of 
the City of Burling n with the Ferry & c to the Council & 
acquaint them, that this House have agreed to their ameud* 
& reingross'd & pass'd the s d Bill, with the same, which rein- 
gross'd Bill being examin'd, with y e former Bill & amend- 

1 Deacon. 



336 NEW JERSEY COLONIAL DOCUMENTS. [1751 

ment, by this House, ordered that the speaker Do sign the 
same. 

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

A Message from the assembly in the follow 8 words. 

ordered that M r Fisher & M r Van Middlesworth do carry 
the Bill entitled an act for the releif of Joseph Bonny & to 
the Council, together with the Councils amend 18 thereto & 
acquaint them that this House doth Disagree to the s d amend- 
ments, & adhere to the Bill in the parts amended, which 
being taken into Consideration, This House unanimously 
adhere to their amend* 8 & order'd that M r Saltar do acquaint 
the House of assembly with the same. M r Saltar reported 
that he had obeyed the order of this House. 



The House Mett Monday 21 Octob r Present the same. 

M r Kemble from the Committee to whom the Bill entitled 
an act for the support of the Governm* of his Majesty s 
Colony of new Jersey, was Committed, reported the same 
with Sundry amendments, which being Twice Read, were 
agree'd too & order'd to be Engrossed. 

The Bill intituled An Act for Support of Government & c 
Together with the engrossed amendments being read a third 
Time. 

Resolved that the same do pass. 

Ordered that the Speaker do sign the same with the amend- 
ments 

Ordered that M r Kemble do carry the said Bill with the 
amendments to the House of Assembly and acquaint them 
that this House have pass'd the said Bill with sundry amend- 
ments To which they desire the Concurrence of that House. 

A Message from the Assembly in the following Words 

Ordered that M r Lawrence, M r Mott, M r Fisher and M r 
Van middles worth be a Committee to meet a Committee of 
The Council in a free Conference on the Subject matter of 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 337 

the Bill entituled An Act for the Releif of Joseph Bonny & 
And that M r Stevens and M r Smith do acquaint the Council 
therewith and desire them to appoint a Committee for that 
purpose and appoint Time and place. This House taking 
the same into Consideration Ordered that M r Kemble do 
acquaint the House of Assembly, That this House have 
appointed M r Hude and M r Saltar a Committee to meet the 
Committee of the Assembly at Fretwell Wrights at 3 
O'Clock this afternoon, on a free Conferrence on the Subject 
matter of the Bill entituled an Act for the Relief of Joseph 
Bonny &' 

M r Kemble reported that he had obeyed the several Orders 
of this House on this day. The House Continued 



The House met Monday Octo r 21 t 1751 
P. M 3 O'Clock. Present. The same 

A Message from the Assembly in the following Words 

Ordered that M r Learning and M r Dye 1 do return to the 
Council their proposed amendments to the Bill entitled An 
Act for the Support of Government & and acquaint them 
that this House doth reject the same Nemine Contradicente 
And adhere to the Bill in the parts amended 

This House having considered the Message of Assembly 
of this House by M r Learning and M r Dye with the amend- 
ments which this House made and annexed to the Bill enti- 
tuled An Act for Support of Government & & without the 
said Bill itself are Inclin'd to Suppose that the said Amend- 
ments have been Seperated from the said Bill by some Mis- 
take for the Bill & amendments made are one entire thing, 
The parts whereof could not Lawfully be Seperated without 
our Consent. 

Ordered that M r Kemble do carry of the above Minute to 
the House of Assembly and request that they would Inform 



22 



338 NEW JERSEY COLONIAL DOCUMENTS. [1751 

this House how the said amendments came to be Separated 
from the said Bill, and as that House has rejected the said 
amendments, That they would send back the said Bill to this 
House That we may Consider whether we ought to recede 
from or adhere to our amendments aforesaid. The House 
Cont d 

The House met Tuesday October 22 d 1751. 
Present as before 

M r Kemble reported that he had obeyed the Orders of this 
House on Yesterday. 

M r Hude from the Committee appointed to meet a Com- 
mittee of the House of Assembly to confer on the Subject 
matter of the Bill entituled An Act for the Relief of Joseph 
Bonny & reported that they agreed upon Nothing. 

A Message from the Assembly in the following Words 

Ordered that M r Newbold and M r Wood do carry the Bill 
entituled an Act for the Releif of Joseph Bonny & Together 
with the Councils amendments thereto to the Council & 
acquaint them that this House having consider d the Report 
of the Committee on the Conferreuce on the Subject matter 
of the said Bill and amendments do agree thereto, and adhere 
to the Bill in the parts amended. The House Continued 

The House met 
Tuesday October 22 d 1751 

3 O'Clock P. M. 
Present. The same 

Ordered that M r Saltar do carry back to the Assembly the 
Bill intituled an Act for the relief of Joseph Bonny & To- 
gether with the amendments of this House thereto and 
acquaint them that this House looks upon the said Message 



1751] JOURNAL OF THE PROVINCIAL, COUNCIL. 339 

of the Assembly and their sending hither the said Bill and 
amendments in the Case to be unprecedented, Useless & 
Irregular. 

M r Sal tar reported that he had obeyed the Order of this 
House 

A Message from the Assembly in the following Words 

The House taking into Consideration the Message of the 
Council of Yesterday by M r Kemble ordered that M r Law- 
rence and M r Learning do wait on the Council and acquaint 
them that the proposed amendments to the Bill for Support 
of Government & were Seperated from the said Bill by the 
House of Assembly unanimously rejecting them, and as they 
coud be of no Service to this House we knew of no Method 
more proper, Then the returning them to the Council. That 
this House has kept the said Bill in order to be presented to 
His Excellency by the hands of our Speaker, which the 
Assembly did in Conformity to that August House of Com- 
mons of England and the Antient practice of the Assembly 
of New Jersey. That upon Searching the Minutes of the 
General Assembly we fiad Precedents Viz* April 25 th 1722 
" The engrossed Bill Entituled an Act for Support of this 
" His Majestys Government for five Years being read in the 
" House, The Question being put whether the said Bill as 
" now engross'd do pass or not it was Carried in the affirmative 
" Nemine Contradicente 

1 Resolved that the said Bill do pass 

Ordered M r Kinsey & M r Ogden do wait on His Excel- 
lency and know when this House shall attend him with the 
Bill for Support of Government for five Years. 

M r Kinsey reported that M r Ogden and himself had waited 
on His Excellency accordingly who was pleased to say he 
would receive them Immediately M r Speaker w th the House 
waited on His Excellency and delivered his Excellency in 
Council the Bill for Support of this His Majestys Govern- 
ment for five Years which he was pleased to receive, and 
thank'd the House because it was done with an unusual and 



340 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Chearful unanimity That the Instance above mentioned 
happened during the administration of Governor Burnet, 
and that M r Morris (afterwards Governor Morris) presided 
that day in Council. 

That on the 22 d of November 1723, another Bill for Sup- 
port of Government was delivered to His said Excellency by 
the Hand of the Speaker as aforesaid. 

That the minutes of the House of Assembly of 16 th Aug* 
1725, afford us another precedent of the same kind To 
which Governor Burnet in pathetick and Lively Terms pro- 
fessed his Satisfaction and pleasure and that M r Alexander 
was then one of the Gentlemen of the said Council. That 
the same practice was again repeated on the 4 th July 1730, 
and that two Money Bills were delivered to the Governor on 
the 15 th August 1733. M r Kinsey being Speaker of the 
Assembly in these two last Instances. The Concurrence of 
the Legislature in this practice for such a Series of Years 
when they had the assistance of the Governours Burnet &> 
Morris, M r Alexander and M r Kinsey (whose extended 
knowledge of Government needs no Illustration, we think 
sufficient precedents to Justify the Assembly respecting the 
premisses. 

Our first sending the Bill in Question to the Council pro- 
ceeded from that Spirit of Complacency and hearty desire of 
doing everything in our power to propagate a good Harmony 
among the Branches of the Legislature. 

and Considering the present unhappy Circumstances of 
this Colony, we were Even willing to suspend some of our 
Privil edges when that Conduct seem'd to be most Satisfactory 
to the Council But the Bill returning with such a Train of 
alterations to the substance thereof sufficiently Convinced this 
House that the Yielding our priviledges was not the way to 
Establish Harmony, therefore we return'd the said proposed 
amendments to the Council to whom they seem'd most 
properly to belong and retained the said Bill in Order to pre- 
sent the same by the hands of our Speaker to His Excellency 






1751] JOURNAL OF THE PROVINCIAL COUNCIL. 341 

to be by his said Excellency laid before the Council for Con- 
currence. This House also considering while the Old and 
appro vd Method of presenting the Support Bill to the Gover- 
nor by the Speaker was in practice it Generally had a much 
happier Issue, then since it has been omitted for then the 
Governor had an opportunity of perusing these Bills and 
consider the reasonableness of them as well as the Council 
and be a Witness of the Readiness and chearfulness of the 
people to Support His Majesty's Government which we con- 
ceive is highly reasonable for the Governor as he is so nearly 
concerned therein whereas on the Contrary if such Bills 
Were first sent to the Council and they should refuse to pass 
them, The Governor it is very probable may never read or 
Consider them. 

This House having taken into Consideration the Message 
of the Assembly of this day by M r Lawrence & M r Learning 
are Sorry to find thereby, that the Separating our amendments 
from the Support Bill was not a mistake as we were willing 
to Suppose but a Deliberate Act of the House of Assembly 
and are far from thinking that anything in the said Message 
set forth does Justify that Unprecedented Conduct and we 
are well assured they cannot shew a precedent of that August 
House of Commons of England to Countenance such an 
unlawful Act unless in that House that Voted Kings T and 
Lords useless, nor do we know or ever heard of any such a 
piece of practice by any Assembly of New Jersey Antient pr 
Modern nor do the precedents cited by the Assembly in the 
least Countenance such a practice ; as to what the Assembly 
says that they have suspended and Yielded some of their 
priviledges in Complacency to this House 

We answer that we never desired them to do so and if they 
have done so we are far from thanking them, for betraying 
the Trust the people has reposed in them assuring them we 
shall be always for maintaining the Rights and priviledges of 
the people. 

Ordered that M r Kemble do deliver a Copy of the above 
Minute to the House of Assembly. 



342 NEW JERSEY COLONIAL DOCUMENTS. [1751 

A Message from the Assembly in the following Words. 

Ordered that M r Emley and M r Ellis do carry the Bill 
entituled an Act for Support of Government & c to the Council, 
that they may Consider whether They ought to recede from 
or adhere to their amendments pursuant to their Request to 
this House in their Message of Yesterday. 

The House of Assembly having sent to this House the Bill 
for Support of Government & c pursuant to the Message of 
this House of Yesterday and this House having maturely 
Considered the said Bill and amendments of this House thereto 
do unanimously adhere to the said amendments. Ordered 
that M r Kemble do acquaint the House of Assembly with the 
preceding Minute and do acquaint them that this House 
requests a Conference on the Subject matter of the said amend- 
ments and that this House has appointed M r Alexander M r 
Johnston and M r Saltar to be a Committee to confer thereon 
with a Committee to be appointed by the House of Assembly 
and that the said Committees meet for that purpose at the 
Sign of the Blue Anchor at the Hour of Eleven to Morrow 
in the forenoon Reasons for the amendments made by the 
Council to the Bill for Support of Government to be delivered 
by the Committee of this House to the Committee to be 
appointed by the Assembly on the Conference requested by 
this House As to the first amendm* 8 we refer to the Minute 
of this House of Oct* 17 th 1749 on a like amendment, of 
which minute a Copy is annexed with this further that we 
have reason to believe that Richard Partridge has got into 
his hands upwards of two thousand pounds Sterling Money, 
belonging to this Province which was paid to him for what 
this province advanced towards the Expedition against Canada 
and that by his Letters to the Assembly he has Informed 
them, that he retains four hundred pounds thereof for services 
done for the Province and retains Thi*ee hundred pounds 
more for Services to be done, Whereas we neither know nor 
believe that he has done the least Service to this Province 
unless defending the Assembly against the Complaint of this- 



1751] JOURNAL OF THE PROVINCIAL COUNCIL. 343 

House (found just by the Lords Committee for Plantation 
affairs) can be call'd of use to this Province, and unless his 
appearing In behalf of the Rioters can be so. Wherefore 
we are of Opinion that some other person be appointed Agent 
by Legislative Act and Im powered to Call that publick 
Money out of the hands of the said Richard Partridge and 
that he looks to the persons Imploying him for his payment 
for all Services not for the use of this Province and as to 
the 2 d 3 d & 4 th amendments they are agreeable to the Direc- 
tions of His Majesty's Commissions and Instructions to His 
Excellency our Governor and without such amendments The 
Bill was repugnant to them in those parts, as to the 5 th 
Amendment we refer to the preamble thereto which in great 
Measure explains the Reasons of it, with this That if the 
Limitted Sums be so near as by the Bill is proposed to wit 
at ab* 4 to One the Declaration at the end of the Quota Bill 
pass'd last Session w ch declare that Lands should thereafter 
be taxd according to the Quantity and Quallity 1 is Con- 
tradicted & rendered in a great Measure void seeing there is 
not a County in this Province but what has Lands of twenty 
times the Value of some other Lands in the same County 
liable to be tax'd. 

and consequently if Lands of the Greatest Value be taxd at 
the Greatest Sum and the Lands of the least Value at the 
lowest those Lands of least Value will be tax'd five times as 
much as they ought. 

As to the 6 th & 7 th amendment we refer to the preamble 
w ch point out the reason of them with this, That had the 
Bill past as it stood without these amendments Instead of a 
Bill for Support of Government, It would have been a Bill 
Supporting and encouraging the Rioters and a Bill for Induc- 
ing or compelling all Lawful Lessees in this Province to 
throw up their Leases and become Trespassers & Rioters 

The House Continued 

iSee Nevill's Laws of X. J., I., 430. 






344 NEW JERSEY COLONIAL DOCUMENTS. [1751 

Wednesday October 23 d 1751 
The House met Present, as Before 

M r Kemble reported that he had Obeyed the Orders of 
this House of Yesterday. 

A Message from the Assembly in the following Words 

Resolved the Council have no Right to amend a Money 
Bill and therefore this House doth unanimously refuse the 
Conferrence propos'd 

Ordered that M r Stevens and M r Johnston do carry a Copy 
of the above Minute to the Council 

Ordered that the Committee on the Treasurers Accompts 
have leave to defer making their Report till next Sessions if 
they Cannot Conveniently do it this Sessions. 

And that M r Johnston and M r Stevens do wait upon the 
Council with a Copy of the above Minute, and desire to know 
if they have any objections against this House Applying to 
His Excellency to be dismissed. 

This House taking into Consideration the Resolve of the 
Assembly that this House has no right to amend a Money 
Bill are unanimously of Opinion that were their said Resolve 
true yet it is no sufficient reason to refuse the Conferrence 
requested, but that the resolve is not true will evidently 
appear from all the Royal Commissions to the Governors of 
this Province since the Surrender of the Government to the 
Crown, and that we are right in our Construction of those 
Commissions we have better authority then a meer say so, as 
appears by a Letter from the Lords Commissioners of Trade 
and Plantations in the Words following. 

Whitehall Aug* 20 th 1741. 
"Sir 

" We are concerned to find that notwithstanding what we 
" said in our last to you, which you till us, you Communicated 
" to the Assembly and notwithstanding all your own endeav- 
" ours to the Contrary they still persist in their Obstinacy of 



1751] JOURNAL OP THE PROVINCIAL COUNCIL. 345 

" refusing to let the Council amend Money Bills to which 
" they have an undoubted Right according to His Majesty's 
" Determination upon the like dispute in the Island of 
" Jamica, 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 unwarrant- 
" able pretensions. 

" We are your very loving Friends & Humble Servants 

M. BLADEN 

To the Honble Lewis Morris Esq r 1 R. PLUMER 
Governor of New Jersey. f B. KEENE 

JA BRUDENELL 

and we further say that if the proceedings of a New Jersey 
Assembly be any Authority it will appear by them that they 
have admitted, the Council had such right and particularly 
by their proceedings of November 29 th & 30 th 1704 where 
they agree to sundry amendments made by the Council to a 
Money Bill. 

Ordered that M r Kemble do carry to the House of Assembly 
a Copy of the above Minute 

M r Kemble reported that he had obeyed the Orders of this 
House of this day. 

Ordered that the Support Bill with the amendments of 
this House annexed with wax, and the Speakers Seal be pre- 
served by the Clerk of the Council as an Evidence belonging 
to this House. 

His Excellency came into Council & having sent for the 
House of Assembly Gave his assent to the following Acts. 
Viz* 

1 st To an Act to repeal part of an Act Entituled An Act to 
Impower Sundry of the Inhabitants of the County's of 
Burlington and Gloucester & 

2 dly a Supplement to An Act Entituled an Act to Encourage 
the Killing of Wolves and Panthers. 

3 dly An Act for Erecting the Bridge over Salem Creek Into 
a Toll Bridge. 



346 NEW JERSEY COLONIAL DOCUMENTS. [1751 

4 th17 a Supplementary Act to the Act Entituled An Act for 
Explaining and amending an Act of the General Assembly. 

5 thly An Act for Naturalizing William Evelman 

gtwy ^ n ^ c j. ^ o p reven t ^ ne Exportation of Unmerchantable 
Flour to Foreign Markets 

ythiy ^ n ^ ct to Restrain Tavern Keepers and others from 
Selling Strong Liquors to Servants & 

8 thl7 a Supplementary Act to the Act Entituled An Act to 
prevent the Killing of Deer out of Season 

After w cb His Excellency Spoke to the Council as follows. 

Gentlemen of the Council 

I have inspected the Minits of your proceedings relating 
to the Kings Mandamus for Admitting M r Lewis Ashfield to 
be one of His Majestys Council for this Province and upon 
proper Consideration had of the Affair I am sorry to be 
under the necessity of telling you that I am greatly surprized 
that you should be so Extreamly fond of power and void of 
good manners in Assuming to yourselves to Intermeddle with 
a matter which is quite out of your province & Jurisdiction 
for you shou'd have Considered that the Kings Mandamus is 
not directed to the Governour & Council or to the Governour 
in Council BUT TO THE GOVERNOUR SINGLY AND ALONE 
and if any Mistake should have been Committed by me in 
this matter that I am Accountable to the King my Royal 
Master but not to any lower Rank or Order of Men. 

I therefore take what you have done in this Affair as an 
unwarrantable freedom & Encroachment on the Authority of 
His Majestys Royal Commission w ob I have the honour to 
Enjoy as Governour of this Province and Consequently an 
Indignity (offerd to His Majesty in the person of His Gov- 
ernour and my Duty as Such obliges me thus to Express my 
Sense of your misconduct in these your proceedings And I 
have orderd the Kings Secretary of this Province to Enter 
this in the Journal of the Council where you have Enterd 
your own Minutes of this Affair that so You nor any other 



1751] JOURNAL OF GOVERNOR AND COUNCIL. 347 

Council of this Province may for the future treat any of His- 
Majestys Governours in so uncommon and Extraordinary a 
Manner. 

Burlington J. BELCHER 

October 23 d 1751. 

Then His Excellency was pleased to Prorogue the General 
Assembly of this Province to the 25 th day of November next 
then to Meet at Perth Amboy. 

At a Council held at Burlington on Wednesday 18 Sep- 
tember 1751 

Present 
His Excellency the Governor 



The Hofible John Reading Thomas Leonard 
James Hude Richard Sal tar 



}Esq' 



His Excellency by advice of Council sign'd the following 
Warrants agreeable to Act of Assembly. 

113 To himself or Order in 

part of his Quarters 
Salary due 10 th No- 
vember 1749 233,,10,, 

114 To ditto or order for re- 

mainder Quar* Sal- 
ary 16,,10,, 

250,,-,,- 

115 To himself or Order for a Quarters 

Salary due 10 th February 1749 250 

116 To himself or Order for a Quarters 

Salary due 10 th day of May 1750... 250 - 

117 To himself or Order for a Quarters 

Salary due 10 th August 1750 250 

118 To himself or Order for a Quarters 

Salary due 10 th November 1750 250 



348 NEW JERSEY COLONIAL DOCUMENTS. [1751 

119 To himself or Order for a Quarters 

Salary due 10 th February 1750 250 

120 To himself or Order for a Quarters 

Salary due 10 th day of May 1751... 250 

121 To himself or Order for a Quarters 

Salary due 10 th August 1751 250 

122 To himself or Order for 1 Quarters 

House Rent due 10 th November 

1749 15,,-,,- 

123 To himself or Order for 1 Quarters 

House Rent due 10 th February 1749 15 - 

124 To himself or Order for 1 Quarters 

House Rent due 10 th day May 1750 15 

125 To himself or Order for 1 Quarters 

House Rent due 10 th August 1750 15 
N 126 To himself or Order for 1 Quarters 

House Rent due 10 th Novem r 1750 15 

127 To himself or Order for 1 Quarters 

House rent due 10 th February 1750 15 

128 To himself or Order for 1 Quarters 

House Rent due 10 th May 1751 15 

129 To himself or Order for 1 Quarters 

ditto due 10 th August 1751 15,, 

His Excellency Nominated Joseph Noble for a Judge of 
the County Court for holding of Pleas for the County of 
Burlington and the Council approved of the same provided 
Doctor Rodman 1 shall assent to it. 



At a Council held at Burlington Friday October 4 th 1751. 

Present 
His Excellency the Governor 

The Hofible John Reading Peter Kemble^ 

James Hude fEsq 

Andrew Johnston Tho 8 Leonard J 

1 John Rodman, a member of Council not present. 



1761] JOURNAL OF GOVERNOR AND COUNCIL. 349 

M r Neilson, M r Doolhagan, M r Vandike & Others the 
Inhabitants & Freeholders of the Upper part of the County 
of Middlesex exhibited a petition and other papers of Com- 
plaint against Jediah Higgins Esq r One of His Majesty's 
Justices of the Peace, for the said County which were read. 

After hearing the Complaints against said Justice Higgins 
His Excellency by advice of Council repremanded him for 
bad Council to M r Neilsons Servant & other Misdemeanours 
at the same time threatning him in Case of further Offence 
to proceed with more Severity. 

The petition & other papers not appearing to be properly 
Supported were dismissed. 

Ordered that the same be entered on the Minutes. 



At a Council held at Burlington Thursday 17 : 8br. 1751 

Present 
His Excellency The Governor 

The Hoflble John Reading Andrew Johnston ") 

James Alexander Thomas Leonard > Esq 
John Rodman Richard Saltar J 

His Excellency by advice of Council sign'd the 3 follow- 
ing Warr* in Lieu of One Sign'd 18 th September last N 118 
all which Warrants were Numbred and Marked in the 
Margen 

N 118 To himself in part of Quarters Salary 

due 10 th November 1750 15 

118 To himself in part of Ditto due 10 th 

November last 1 5 

118 To himself for the Remainder of the 
Quarters Salary due 10 th November 
1750 220,,-,,- 

And the Warrant N 118 was given up & Cancelld 

M r Reading M r Saltar & M r Leonard who were present 18 



350 NEW JERSEY COLONIAL DOCUMENTS. [1751 

September last in Council & consented to the Nomination of 
Joseph Noble as a Judge of the County Court do retract 
their Assent. 

His Excellency ask'd Doctor Rodman whether he assented 
or Dissented to the Nomination of Joseph Noble as above 
M r Rodman said he did not incline to give either Assent or 
Dissent 

At a Council held at Burlington 23 d October 1751. 

Present 
His Excellency The Governor 

The Honb la John Reading Tho" Leonard 1 E 

John Rodman Richard Saltar / 

His Excellency with advice of Council signed the follow- 
ing Warrants. 

N 130 To John Rodman for his attendance in 
Council before 10 th August 1751, 
39 days 11 ,,14,, 

131 Richard Saltar for his Attendance in 

D80daysbef: 10 Aug* 24,, ,, 

132 To John Reading for his Attendance 

in Council 27 days before 10 August 

1751 8,, 2,,- 

133 To Peter Kemble 89 days Attendance 

in D 26,,14,,- 

134 To James Hude for his attendance in 

Council before 10 August 1751, 91 

days 27,, 6,, 

135 To Andrew Johnston for his Attendance 

in D Ditto 85 Days 25,,10,, 

136 To D as Treasurer for Salary to Aug* 

1751 2 years 80,, ,, 

137 To Thomas Leonard for his Attendance 

in Council 105 days before 10 th 

August 1751 31,,10,, 



1751] JOURNAL OF GOVERNOR AND COUNCIL. 351 

138 Rob 1 H Morris Salary allowed in Sup- 

port Bill past 6 th June 1751 20 ,,16,,- 

139 To Charles Read Esq r his Salary as 3 d 

Judge Sup Court between 10 th Au- 
gust 1749 & 10 August 1751 50,, ,, 

140 To Ditto as Clerk of the Council from 

Ditto 60,, ,, 

141 To Ditto as 3 d Judge for holding 3 

Courts of Oyer & Terrainer from 

10 th Aug* 1749 to 10 Augugt 1761... 30 

142 D his Acco* allowed in the Support 

Bill past 6 th June 1751 62,,13,,- 

143 Samuel Smith Esq r his Acco* allowed 

in the Support Bill pasted 6. June 

1751... 22,,-,,- 

144 D for his Attendance as one of the 

Clerks of Assembly from 10 August 

1749 to 10 August 1751 18,, 8,, 

145 To Anthony Elton his Attendance as 

Door Keeper of Council from 10 th 

February 1747 to 10 th Aug* 1751.... 35 - 

146 Joseph Warrell Esq r his Salary as Att 

Gen 11 from 10 Aug* 1749 to 10 Aug' 

1751 80,,-,,- 

147 Sam 1 Smith Esq' his Salary as Treasurer 

of the Western Division of New 
Jersey from 28 Sep r 1750 to the 10 
Aug* 1751 35,,-,,- 

148 To William Norcross as Door Keeper 

of the Assembly from 10 Aug* 1749 

to 10 Aug* 1751 6,,18,,- 

149 To Tho' Wetherill Jun r as Serjeants at 

Arms from D 6,,18,, 

A true Copy of the Journals of the Council at a Session 
held at Burlington in September & October 1751 

Examined by 

CHA READ SecF 



352 NEW JERSEY COLONIAL DOCUMENTS. [1752 

Proceedings of Council at a Session of the General Assem- 
bly h olden at the city of Perth Amboy 

The House Mett January 28 th 1752 

Present 
The Hon u James Hude ^ 

And w Johnston >Esq ri 
Peter Kemble j 

His Excellency Came into Council & having by the Clerk 
of the Council required the Attendance of the House of 
Assembly They attended when his Excellency was pleased to 
make the following Speech to both Houses 

Gentlemen of the Council & of the General Assembly, 

You are well knowing, that it is now going on, of three 
years, Since any Supply of money has been made, to the 
Treasury, of the Province ; and which you must be sensible, 
is a great dishonour, to his Majesty's Government, as well 
as a great hardship, on all those, that have demands upon the 
Province ; and the Longer things Continue in Such a Situa- 
tion, it must Necessarily bring on a great weight of Tax, 
upon the Good people of the Province. 

My Duty therefore to the King, together with a Tender 
regard for those Committed to our Care, and my Concern, 
that the Officers, with all the other Creditors, of this Prov- 
ince, may have Justice done them, require your more 
frequent meeting, then I Cou'd otherwise wish : 

Gentlemen of the General Assembly. 

To prevent for the future, the Danger & Difficulties, which 
must be the Consequence of what I have Said, I hope, you 
will diligently apply yourselves, to the passing of a Bill for 
the Support of the Government, & for the paymeut of the 
publick Debts, and another Bill, for Laying a Tax, for raising 
Money, to answer those good purposes. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 353 

Gentlemen of the Council & of the General Assembly. 

I hope you are now Come together with a Public Spirited 
resolution, to become perfect Strangers, to any animosities, or 
Differences, among yourselves, in the Articles I have laid 
before you ; But that you will proceed in all your Debates 
and Determinations, with a Single Aim, at the welfare & 
prosperity of the Province, which will render you, worthy of 
the Honour, of being Called, the Real Fathers of your Country 

J. BELCHER. 

Jan y 29 th 1752 
The House Mett 

Present 
The Hon le James- Hude -\ 

And w Johnston VEsq 
Peter Kemble J 

The House Continu d Till 



Jan y 31 8fc 
The House Mett 
Present as above 
The House Contin d Till 

Monday February 3 d 
The House Mett 

Present 

The Hon le James Alexander And w Johnston 
James Hude Peter Kemble 

The House Contin d Till 

23 



354 NEW JERSEY COLONIAL DOCUMENTS. [1752 

Wednesday Feb y 5 th 
The House Mett 
Present as above 
The House Contin^ Till 

Thursday Feb y 6 th 
The House Mett 
Present the same 
The House Continu a Till 

Feb y 7 th 1752 
The House Mett 

Present 

The Hon le James Alexander Peter Kemble ^ 

James Hude vEsq 18 

And w Johnston David Ogden .) 

His Excellency having acquainted the House of Assembly 
that he was in the Council Chamber ready to receive the 
address of the House, 

The Speaker with the House of Representatives attended 
& Delivered the following address. 

May it Please Your Excellency, 

We his Majesty's most dutifull and loyal Subjects, the 
Representatives of the Colony of New Jersey, do agree with 
Your Excellency, that there has not been for some time past, 
a sufficient Supply of Money in the Treasury of the Colony, 
to Discharge the Publick Debts thereof, but at the same time 
we must beg leave to Say, your Excellency well Knows the 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 355 

General Assembly in October last, passed a Bill, for the Sup- 
port of Government for this present year, and for Laying a 
Tax, on the good people of this Province, whereby to Supply 
the Deficiency's of the Treasury. 

We have the same Concern for Justice with your Excel- 
lency, and though we are Sorry you should think it necessary 
to meet us at this inclement Season of the year, especiell on 
so Short Notice, That it was with Difficulty a Sufficient num- 
ber has been got together, yet as the Just Debts of the Prov- 
ince are unpaid, we think them a sufficient motive for us to 
do all in our power (Consistent with our duty to our Con- 
stituents) to get the Necessary Supplies into the Treasury, 
and to Effect that we have already brought in a Bill for that 
purpose. 

We assure your Excellency we are Come together with a 

full .Resolution to Act with a becoming Harmony in every 

thing we shall at this time Judge Necessary for the Honour 

of his Majesty, and the welfare of the people we Represent. 

By order of the House, 

CHARLES READ, Speaker. 

Feb y 8 th 1752. 
The House Mett 

Present, 
The Hon le James Alexander ^ 

And w Johnston VEsq rs 
David Ogden J 

M r Alexander Acquainted the House that M r Hancock 
M r Stevens, M r Law, & M r Deacon from the House of Assem- 
bly had Delivered to him a Bill, Entituled an Act, for the 
Support of Government, of his Majesty's Colony of New 
Jersey to Commence the Tenth day of August 1751 and to 
end the Twenty first day of November 1752 and to Dis- 
charge the Publick Debts & the arrearages and Contingent 



356 NEW JERSEY COLONIAL DOCUMENTS. [1752 

Charges thereof, and for Settling of the Quotas in the Re- 
spective Counties, & Levying of a provincial Tax, to which 
they Desire y e Concurrence of this House. 

which Bill was Read a first Time, & ordered a Second 
Reading 

The House Contin d Till 



Feb y 10 th 
The House Mett 

Present 
The Hon le James Alexander Peter Kemble ^ 

James Hude Tho 8 Leonard V Esq rs 

And w Johnston David Ogden ) 

The Bill, Entituled an Act, for Support of Government 
and for Settleing of the Quotas & was Read a Second time 
& Committed to the Members of this House, or any Three 
of Them. 

This House having Received Information that his Excel- 
lency had lately within this year past, Granted Commissions 
to Sundry persons, to be Sherriffs of Sundry Counties without 
advice and Consent of the Council!, as also that his Excel- 
lency had appointed Sundry Persons to be Judges and 
Justice's of the Peace of Sundry Counties of this Province, 
also without, advice and Consent of the Council, It was agreed 
to Request the attendance of the Secretary to Inform this 
House, as to the Truth of the above Information, and the 
Secretary being Requested Accordingly attended, and being 
ask'd as to the Truth of the above Information, He Informed 
this House that During y e Session of Assembly at Burlington 
in February last, & Since Sundry Commissions had pass'd 
his Office, for Sherriffs of Sundry Counties of this Province 
by his Excellencys order, without advice & Consent of the 
Councill That during the Last Session of Assembly at Perth 
Amboy, and Since Sundry Commissions have Issued appoint- 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 357 

ing Judges & Justices of the Peace for Sundry Countys of this 
Province, without advice & Consent of the Council, and 
Particularly one Commission to William Morris appointing 
him Judge of the County of Hunterdon, and another Com- 
mission to Joseph Noble to be Judge of the County of Bur- 
lington, and that said two Last mentioned Commissions were 
during good Behaviour, and that none Such to his knowledge 
or belief had Ever before Issued to any Judges of the 
Countys of this Province 
The House Contin d Till 

Feby y 11 th 1752 
The House Mett 

Present. 

The Hon le James Alexander Peter Kemble \ 

James Hude Tho 8 Leonard >Esq rs 

And w Johnston David Ogden J 

M r Johnston from the Committee to whom the Bill En- 
tituled an act for the Support of Government & c and for 
Settleing the Quotas & was Committed Reported the Same 
without Amendm 1 

Ordered that the said Bill be Read a Third Time. 

Which was done accordingly and the Question being putt 
whether Said Bill Shall pass or not. 

Resolved that the same do pass. 

Ordered that the Speaker do Sign the Same. 

Ordered that M r Johnston do acquaint the House of assem- 
bly that the Bill Entituled an Act for the Support of Govern- 
ment of his Majestys Colony of New Jersey, to Commence 
the Tenth day of August 1751, and to End the Twenty first 
day of November 1752, and to Discharge the Publick Debts 
& the arrearages and Contingent Charges thereof & for 
Settling the Quotas in the Respective Countys, and Levying 
of a Provinciel Tax, passed this House without any Amend- 
ment. 



358 NEW JERSEY COLONIAL DOCUMENTS. [1752 

M r Alexander having Insisted in the Committee to which 
the Bill was Referred on three Amendments thereto, w oh he 
thought material, now Dissents to the passing of this Bill 
without those amendments, and requests time to Draw the 
Reasons of his Dissent, and that those Reasons may be 
Entered on the Minutes of this House, which Request is 
granted by this House. 

M r Johnston Reported that he had obey'd y e above Order. 

This House having Considered the Information Received 
yesterday from the Secretary, agreed upon the follow g Rep- 
resentation 

The Representation of his Majesty's Council!, for the 
Province of New Jersey, 

Most Humbly Sheweth, 

That in the year 1701, Before the Proprietors Surrender of 
the Government of New Jersey to the Crown and During 
the Treaty for that purpose between his then Majesties Min- 
isters & the said Proprietors, a form of a Commission & a 
Sett of Instructions for the Governours which Should be 
appointed by the Crown, for New Jersey were agreed on, 
and in Confidence of the Granting & Continuing of such 
Commission & Instruction So agreed upon, the said Proprie- 
tors afterwards did Surrender the Government of New Jersey 
to the Crown, amongst which Instructions so agreed upon, 
one was in the following words 1 

"You Shall not Displace any of the Judges Justices 
"Sherriffs or other Officers or Ministers within our s d 
" Province without good & Sufficient Cause to be Signified 
" unto us & to our Commissioners for Trade and Plantations, 
" and to Prevent arbitrary Removal of Judges & Justices of 
" the Peace, you Shall not Express any Limitation of time 
"in the Commissions which you were to grant with the 
" Advice and Consent of the Council of our Said Province 
" to fitt persons for those Employments nor shall you Execute 
" your Self or by Deputy any of the Said Offices nor Suffer 

^ee instructions to Governor Cornbury, N. J. Archives, II., 518. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 359 

" any Person to Execute more Offices than one by Deputy," 
as by an attested Coppy of the s d Commission & Instructions 
agreed on as Afforesaid Examined by the Orig 11 Reported by 
the Lords Commissioners for Trade & Plantations, on the 6 th 
of January 1701 and remaining in the office of his Majesties 
Privy Councill at Whitehall here ready to produce may 
Appear. 

That We have reason to beleive & make no Doubt but 
that the said Instruction has been Continued to all Govern- 
ours that have Ever Since been appointed by the Crown for 
New Jersey, and we do not in the least Doubt but that it's 
Continued and Given to your Excellency, that it was with 
Great Concern we heard that your Excellency had Lately 
without the Advice & Consent of his Majesty's Councill of this 
Province, Given Commissions to Sundry Sherriffs of the 
Countys of this Province, and also granted Commissions to 
Several Persons to be Justices of the Peace & Judges of the 
County Courts in this Province. Particularly to William 
Morris a Commissioner to be a Judge of the County of 
Hunterdon, and to Joseph Noble to be a Judge of the county 
of Burlington, and had also granted the two Last Commis- 
sions during good behaviour 

a form unpresented 1 for any of the Judges of the Counties 
of this Province. 

That we have Inquired into the Truth of those things 
which we so had heard from the Secretary of this this Pro- 
vince, who has Declared to us that Such Commissions had 
passed thro' his Office, & Says they were Granted by your 
Excellencys Express Order. 

That We humbly Conceive the Breaking through the said 
Instructions at any time will Endanger the Peace & due 
administration of Justice, within this Province, but more 
Especially at this time when Multitudes of Riots have been 
Lately Committed within this . Province for which the Per- 
petrators are not as yet Brought to Justice. 

That we Could not in Duty to his Majesty in Regard to 

1 Unprecedented. 



360 NEW JERSEY COLONIAL DOCUMENTS. [1752 

the Peace and Good Government of this Province, and to our 
own Rights Granted by the said Instruction, Neglect hum- 
bly Representing the preceeding Matters to your Excellency 
in the most Solemn Manner, Protesting against the Pre- 
ceeding breaches of the said Instruction, hoping at the Same 
time that your Excellency will repair the Breaches hereby 
pointed out and give us no further Reason, of Representing 
Such Matters. 

That we have Considered what your Excellency ordered to 
be Entered on the Minutes of this House on the 23 d day of 
October Last, and are far from being Convinced by any thing 
your Excellency There Sets forth, That the Council were not 
in their Duty in Coming to the Resolves therein Mentioned 
the first Resolve we think is self Evident, and that the Others 
are Necessary Consequences of it, were & c 

ordered that the Same Representation be Engrossed 



. The House Mett P. M 
Present as in the Morning 

The Engrossed Representation ordered this Morning was 
Read 

ordered that the Speaker do Sign the Same. 

ordered that M r Johnston & M r Kimble do wait on his 
Excellency to Know when this House Shall wait on him to 
present Said Representation. 

A message from the Assembly in the following words. 

M r Lawrence one of the Committee appointed at the Last 
Session in Conjunction with a Committee of y e Council to 
Inspect the Treasurers Acco te & c . and who had Leave to 
Defer making their Report untill this Sitting now, Reported 
That one of the Committee being absent, they Cannot yet 
Comply with the order of this House, and therefore pray 
that the time may be Enlarged Till Next Session. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 361 

Ordered that the time for making their Report be Enlarged 
accordingly, <fe that M r Stevens & M r Law inform the 
Council Thereof 

THO" BARTOW Clk 

Ordered that M r Ogden do Carry the following Message 
to the House of Assembly 

We find by a Law of this Province passed in the year of our 
Lord 1748 Entituled an Act for Impowering certain persons 
herein after named to Draw for & receive the Money lent the 
Crown for Arming & Cloathing the forces lately raised in 
this Colony that Richard Smith Jun r Daniel Smith & Wil- 
liam Cooke Esq r or any two of them were thereby Directed 
Authorized and Impowered as Soon as they Should have 
advice of Rich d Partridge Esq r having Received the moneys 
he was Impowered to Receive for the use of this Province 
mentioned in said Act, to Draw one or more Bill or Bills of 
Exchange upon the said Rich d Partridge for the said Money, 
we also find by the printed Copy of the Minutes of your 
House of your Last Session the said Rich d Partridge has 
acknowledged the Receipt of 2231 18 4 Sterling Money 
of Great Brittain by his Letters of the 9 th of Fet/ 1750 
whereof we have no Reason to Doubt, but the s d persons 
appointed by said Act, have had Notice, we being also in- 
formed & Beleive that the same persons have not as yet 
Drawn for said Moneys as by said Act they were Particu- 
larly Directed & Impowered, whereby the good purposes 
Provided for by s d Act, are in no wise Answered, & as it is 
Incumbent on us to take proper Measures to see that a Due 
Obedience be paid to s d Law, we would before we proceed 
therein, Request the House of Assembly to mention to us the 
Reason, if any they know, why said Money has not before 
this time been Drawn for & Disposed of According to the 
directions of said Act. 

M r Ogden Reported that he had Obeyed the above Order. 

A message from the House of Assembly in the following 
words. 



362 NEW JEBSEY COLONIAL DOCUMENTS. [1752 

Ordered that M r Johnston & M r Deacon do wait on the 
Council, & acquaint them in answer to their Message, that 
William Coake Esq r one of the Persons appointed to Draw 
for the Money mentioned in said message, Informs the House 
that the Reason why the s d Money was not Drawn for was 
from the Differrence they payed to the opinion of the Majority 
of y e Members of this House at the last Session who were 
Consulted upon that occasion, whose Opinion was that the 
said Money Could not then be drawn for to such Advantage 
as the Publick might Expect, But that upon Consulting them 
this morning on the same Subject, they were of opinion that 
the Same Should be Drawn for as Soon as opportunity offers, 
and had Derected him to acquaint Daniel Smith Esq r thereof, 
and therefore y e House has Reason to beleive no further delay 
than is absolutely Necessary will be in this Affair. 

Also ordered that the said Messengers acquaint the Council 
that this House desires to be Informed if they have any thing 
further to Lay before them, because if they have not this 
House being desirous to be Dismissed, Intend to apply to his 
Excellency for that Purpose. 

THO" BARTOW Cl k 

Ordered that M r Leonard do acquaint the House of assem- 
bly that this House has nothing further to Lay before them* 

M r Leonard Reported that he had Obeyed the above Order 

Reasons for M r Alexanders Dissent to the Bill passed 
yesterday in this House. 

1 st For that Instead of Rich d Partridge Esq r Agent of this 
Colony at the Court of Great Brittain or to the Agent for 
the time being appointed by the House of Representatives, 
there ought to have in his opinion been putt these words, to 
the agent of this Colony at the Court of Great Brittain, or 
to the agent for y e time being appointed by Legislative Act. 

For his Reasons he referrs to the Minutes of this House 
of October 17 th 1749 & Octob r 22 d 1751 on the like amend fc 
at those times Proposed. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 363 

2 dly For that Instead of the words in Council Several times 
in the Bill, in his opinion there ought to have been put these 
words by and with the Advice & Consent of the Councill. 

His Reasons are in the Same Minutes 

Referred to above on Like amendments then Proposed. 

3 dly For that tho' the Greatest objection to the Bill sent up 
in Oct r last be removed in this Bill Viz. The obligeing 
Tenants to pay Tax for the whole Tract, of which they had 
Leased a part, tho' the whole Tract Should be a Thousand 
times as much as the part they had Leased, which had it 
passed, might have Laid Tenants under a Necessity to throw 
up their Leases, & become Rioters & Trespassers. I Say that 
tho' that objection by this Bill be removed, by obliging 
Tenants to pay for only what they have in Lease, yet too 
much favour Still Remains for Rioters & Trespassers, Seated 
on Lands without the will of the owners, for by this Bill as 
well as the Last, they are only to pay for what they Claim to 
hold, whereas Leassees must pay for the whole in their Leases, 
tho not Ten Acres be improved and the Lease Should be a 
Hundred Acres, as few are Less than that, which is Still put- 
ting Rioters & Trespassers in that Respect, on a better footing 
than Lawfull Leassees, whereas Rioters ought to have been 
upon a worse footing at least not on a better footing, and the 
amendment to the Bill in Octob r last Limittiug the Least 
quantity they were to pay Taxes for at 100 acres, and oblige- 
ing them to pay Double Taxes for that, might [make] them 
Near Equal for in that Case the Double Taxes would prob- 
ably not have Exceeded the Rent that a Lawfull Lessee was 
to pay, but as it Stands in the Bill to pay Taxes for only 
what they Claim, is Leaving them on a better footing than 
Lawfull Lessees. 

JA. ALEXANDER 



364 NEW JERSEY COLONIAL DOCUMENTS. [1752 

The House Mett Feby 12 th 
Present as before 

His Excellency having by the Clerk of the Council 
Required the Attendance of the House of Assembly 

They attended when his Excellency was pleased to give 
his Assent to the Bill Entituled an Act, for the Support of 
y e Government & 

After which he made the following Speech, 

Gentlemen of the Council & of the General Assembly. 

I observe with much Satisfaction, not only y e Alacrity and 
Dispatch, but the good agreement & Harmony with which 
you have gone through the Business of this Short Session, 
of so much Importance to the Honour & Interest of his 
Majesty's Government, as well as to the Establishment of 
Justice and of Peace, and Good Order in the Province. 

I Therefore in the first place, thank you Gentlemen of the 
General Assembly, from whom, the Bill for Support of 
Governm* and for Laying a Tax, to pay the Charges thereof, 
must Naturaly Spring. 

And in the Next place, I thank you Gentlemen of the 
Council whose Concurrence with the assembly is Necessary 
before it Can Come to me to pass into a Law. 

Gentlemen, I Cou'd have wish'd, this Bill had further 
Extended for you must be Sensible when ever there is an 
Empty Treasury, my Duty to the King in a just Regard, to 
his Government & People, obliges me to be Calling you 
together, more frequently than I Cou'd wish ; and Multiplies 
Charges upon the people and may Sometimes Incommode 
your domestick affairs ; however I wish, what you have now 
done, may be the forerunner, of lasting Tranquility, to this 
Government and people. 

And as you are now returning to your places of abode, I 
hope you will in your Several Stations, put the Salutary 
Laws, of the Province into Good Execution, against all Sorts 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 365 

of Immorality, & flagrant Disorders, So Shall you not only 
become a " Terror to Evil Doers and a Praise & Encourage- 
ment to those that do well " but you will also in this way, 
draw down Blessings from Heaven, on this People, and on 
your Selves & Families ; to Each of which, I wish you in 
Safety, and w th much prosperity, in all our private affairs. 
Perth Amboy J. BELCHER 

Feb y 12 th 1752. 



At a Council held at Perth Amboy February 7 th 1752. 

Present. 
His Excellency the Governour 

James Alexander \ Peter Kimble 
James Hude J Andrew Johnson 

David Ogden Esq r Presented to his Excelency the Governor 
His Majesty's Mandamus, Appointing him to Be Of the Coun- 
cil of this Province Which Mandamus follows in these words. 

George R. 

Trusty And Well Beloved We greet You Well, we Being 
well Satisfied Of the Loyalty Integrity and Ability Of our 
trusty and Well Beloved David Ogden Esq r have thought 
fitt hereby to Signify Our Will and Pleasure to you that 
forth With Upon the Receipt hereof you Swear and Admitt 
him the Said David Ogden to be One of Our Council Of 
that Our Province Of New Jersey in America in the Room 
Of John Cox Esq rl and for so Doing this. Shall Be Your 
Warrent and So we Bid You farewell Given at Our Court at 
S* James's the Ninth Day Of may 1751 In the twenty fourth 
Year of Our Reign 

By his Majesty s Cornand 

David Ogden Esq r to be ) BEDFORD 

Of the Council of New Jersey / 

1 Suspended by Gov. Belcher for traducing his name and character, and finally 
removed by order of the King. N. J. Archives, VIL, 5W, 588. 



366 NEW JERSEY COLONIAL DOCUMENTS. [1752 

Superscribed 

To Our trusty and Well Beloved Jonathan Belcher Esq r 
Our Captain General & Governour in Chief of our Province 
of Nova Casarea 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 
Whereupon and In Obediance to the same his Exelency By 
and with the Advice of his Majestyes Council Administred 
the Oaths Appointed By law And Also the Oath of a Coun- 
ciller And the Said David Ogden having Made and Sub- 
scribed the Usual Declaration was Admitted to take his Seat 
Accordingly 

At a Council Held at Perth Amboy on y 12 th of feb ry 
1752 

Present 
His Excellency the Governour 

James Alexander James Hude Andrew Johnston Peter 
Kemble David Ogden Esq 

His Exelency with Advice of Council Sign'd the following 
Warrents 

N 150 to him Self a Quarters Salary Between 

y e 10 th Aug st & 10 th of November... 250,, 0,, 

151 To D for a quarters house Rent for 

same time ................................ 15,, 0,, 

152 To D a Quarters Salary Between 10 th 

Nov r 1751 & 10 th feb 17 following... 250,, 0,, 

153 To D for a quarters house Rent for 

same time ................................ 15,, 0,, 

154 To Samuel Nevill Esq r for his Salary 

as 2 d Justice January 21 st 1748/9 to 

the 10 th Aug 8t 1749 ........... . ........ 13,, 7,, 6 

155 To D for his sallery as 2 d Justice from 

e 10 th 1749 To aug8 t to Aug st 



10 th 1751 ................................. 50,, 0,, 



1752] JOURNAL OP GOVERNOR AND COUNCIL. 367 

156 To D for his Salary as 2 d Justice from 

Aug 8t 10 th 1751 to feb^ 10 th 1752 12 ,,10,, 

157 To D for holding a Court of Oyer & 

Terminer at hunterdon in May 1749 10 

158 To D for holding five Courts of Nisi 

Prius & Oyer & terminer Viz in 
Nov r 1749 at Mon th in May 1750 
at hunterdon in November 1750 at 
munmoth in Nov r 1750 at Essex in 
May 1751 at hunterdon 50,, 0,, 

159 To D for holding 4 Courts of Oyer & 

term mar Viz in Sep r 1751 In 
Morris in Oct r 1751 at Bargin 1 in 
Oct r 1751 At Somerset in Octo r 1751 
atMunmouth 40,, 0,, 

160 To D for Attending Supr Court at 

Burlington Nov r 1751 6 0,, 

161 To Charles Reed Esq r for his Sallery 

as 3 d Justice from Aug st 10 th 1751 

to feb ry 10 th 1752 12,, 0,, 

162 To D for Sallary as Clark of the 

Council from Aug 8t 10 th 1751 to feb ry 

10 th 1752 15,, 0,, 

163 To D In full of his Ace* Allow'd By 

support bill Pass'd this day 8 6 4 

164 To Joseph Warrel Esq r for his Salary 

as Att y Gen from Aug Bt 10 th 1751 to 
feb ry !01752 15,, 0,, 

165 To Andrew Johnston Esq r one of the 

tresurers for his Salary from Aug 8t 

10 th 1751, to feb^ 10* h 1752 20,, 0,, 

166 To D In full of his Account Allow'd 

By support Bill Pass'd this Day.... 10 11 7 

167 To Sam 11 Smith Esq r the Other treas- 

urer for his Salary from Aug* 10 th 

1751, to Feb ry 10 th 1752 20,, 0,, 

1 Bergen. 



368 NEW JERSEY COLONIAL DOCUMENTS. [1752 

168 To Sam 1 Smith Esq r as Clark to the 

house of Assembly for Attendance 
at Burlington 44 Days also for pen 
Ink & Paper Allowed by a Sup- 
port Bill Pass'd this Day 19,, 2,, 

169 To Ex" of Richard Smith in full of 

his Account Allowed By Support of 

Government Pass'd this Day 66 10 

170 To John Smith for Salary as Clerk Of 

the Circuits from Nov r 13 th 1749 to 

feb ry 10 th 1752 44,,16,, 

171 To Thomas Wetheril Jun r for Attend- 

ance 44 Days as Serjeant at Arms 
to the house of Assembly at Bur- 
lington in Sept r and Octo r Last 6 12 

172 To Will m Norcross for his Attendance 

& 44 Days on the Assembly as 
Door Keeper at Burlington in Sep* 
an Oct r Last 6 12 

173 To Anthony Elton as Doorkeeper to 

the Council from Aug 8t 10 1751 to 

feb'7 10 th 1752 5,, 0,, 

174 To the hon ble James Hude for Attend- 

ance as a Councillor Between the 
10 th of Aug st 1751 and 12 th of feb ry 
1752 20,, 2,, 

175 To Peter Kimble for his attendance 

& 67 Days D... '. 20,, 2,, 

176 To Andrew Johnson for Attendance 

&57DaysD 17,, 2,, 

177 To Thomas Leonard for his Attend- 

ance & c 47 Days D 14,, 2,, 

178 To Thomas Bar tow for his Attendance 

& c 67 Days on the Assembly as 
Clark at Perth Amboy in 1749 
1750 & 1751 Also 20 for Copying 
Laws & c and forty Shill" for a book 48 16 



1752] JOURNAL OP GOVERNOR AND COUNCIL. 369 

179 To Andrew Johnson to Day for a 

Room & c for the Council at the 

Sessions Ended this Day 2,, 0,, 8 

180 To D for Sundrey Settings at Amboy 

By a Support Bill Pass'd June Last 6 14 

181 To Andrew Robeson for his Attend- 

ance On y e Assembly 67 Days at 
Amboy Serjeant a Arms in 1749 
1750&1751 10,, 1,, 

182 To Peter Sancry for Attendance 67 

Days on Council As Serjeant a Arms 

By Support Bill pass'd Last June 10 1 

183 To D for D 19 Days on Session 

Ended this Day 2 17 

184 To John Titus for his Attendance On 

the Assembly 67 Days as Door 
keeper At Perth Amboy in 1749 
17501751 10,, 1,, 

185 To D for D "19 Days On Sessions 

Ended this Day 2 17 

186 To Andrew Robesson for 19 Days 

Attendance at the Session Ended 

this 12 th of Feb r > 1752 2,,17,, 

His Excellency Acquainted the Board that it was his 
Opinion That it would be for the Safety & Peace of the Prov- 
ince to have Stated Days for his Majesty's Council to Meet 
& Provided Quarterly Meetings Viz* on the 10 th of May the 
10 th of Aug 8t the 10 th of Nov r and the 10 th of feb ry to which 
Proposal the Council Assented 

A Report from Judge Nevill in the following Words 

To His Excellency Jonathan Belcher Esq r Cap tn General 
Governour in Chief in and Over his Majesty's Province of 
New Jersey and teritories thereon Depending In America 
Chancellor and Vice Admiral In the Same & 

May It Please Your Excellency in Obediance to Your 

24 



370 NEW JERSEY COLONIAL DOCUMENTS. [1752 

Excellency s Directions to Me (By Advice of Council) to Lay 
Before your Excellency from time to time What Proceedings 
may be had In Relation to the Person Accused of Robbery 
& Piracy in Respect to the Spanish Ship upon the Coast of 
North Carolina & c I Humbley Beg Leave further to Report 
to your Excellency that Some of the Persons Accused of 
Said Robbery & Piracy and Who are Now Upon Bail 
Apply'd by their Council to the Supreme Court on the Last 
Day of Aug st term Last at Perth Amboy to be Discharged 
Alledgeing that by the Habeas Corpus Act they had a Right 
to have the Motion Comply 'd With No Proceedings haveing 
Been Carried On Against them for two Terms after their 
Commitment & but the kings att y not Attending At that 
time the Court took time Untill march term Next to Con- 
sider of Said Motion Of Which I have thought Proper to 
Acquaint Your Excellency 
I am 

Your Excellencys 

Most Obediant 

hum bl Serv* 

SAMUEL NEVILL 

The Board haveing Considered the Same : Are Of Opinion 
that M r Nevill Do proceed in that Affair to the best of his 
Judgment and Agreeable to the Laws of y e Land 

A true Copy of the Minutes of the Council of New Jersey 

Compared by 

CHAS READ Seer 7 

At a Council held at Elizabeth Town in the Province of 
New Jersey on Friday y e 24 th of April 1752. 

Present 
His Excellency the Governour 

M r Hude M r Kimble M r Ogden 
His Excellency Spoke to the Council as follows 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 371 

Gentlemen of the Council 

I am Sorry for the Occasion of my Calling you together at 
this time which Is to Lay before you a Notorious Outrage 
Comitted upon his Majestys Athoraty In this Province by a 
number of Lawless Villains In breaking Open his Majesty's 
Goal in the County Of Middlesex and Rescuing from thence 
one Simon Wikoff Who Stood there Committed for High 
Treason 

the 1 1 th Instant John Waller Keeper of the said goal was 
with Me and told me he had Reason to believe that Their 
would be a forceable Attempt made to Deliver the Said 
Wickoff out of Geoal upon Which I Immediatley made Out 
a warrant to William Dear Esq r Sheriff of said County to 
use all possible means according to Law to Prevent any Such 
Outrage & to keep the said Wikoff in safe Custody and at 
same time wrote a Letter to 

the Honorable ^| 

Andrew Johnston Esq r I of His Majesty's 

One of His Majesty's Council & Province 

Samuel Nevill Esq r | of New Jersey 

One of the Judges of the Supream Court J 
Particularly Advising them of the Matter and Inclos'd to 
them the Warrant I made out to the Sheriff the Answer to 
Which Letter I also now lay before you With Some Affida- 
vits Relating to this Affair & I am not a Little Surpriz'd 
that no Steps were taken to Appose Such Violence to be 
Committed on his Majesty's Honour & Government 

In this Extraordinary Affair I now Ask your Advice 
what may be most Propper to be Done for the Suport of 
his Majesty's Government for better Keeping of the Peace 
of this Province & whether it might not be Necessary to Call 
the Assembly together To have their advice and Assistance 
in the matter and Whether anything Can be Done in the 
mean time to Express our utter Abhorance & Detestation of 
Such wicked tumulte and Disorders and for Suppressing the 
same 



372 NEW JERSEY COLONIAL DOCUMENTS. [1752 

the Several Papers I now Lay before you I have Ordered 
the Secretary to Enter Upon the Records of the Governour 
& Council. 

Eliz th Town J BELCHER 

April 24 th 1752 

The Papers Referred to in his Excellency s Speech were as 
follows. 

A Warrant to the Sheriff of Middlesex By his Excellency 
Jonathan Belcher Esq r Captain General & Governour in 
Chief in and Over His Majesty's Province Nova Casserea or 
New Jersey and territories thereon Depending in America 
Chancellor and Vice Admiral of the same 

To William Dear Esq r High Sheriff of y e County of Middlesex 
Judge Read was with me a few Days ago & told me he 
Had Ordered one Simon Wickoff (Called a Captain Among 
the Late Rioters) to be Committed to amboy Goal for High 
Treason and this Day John Waller who keeps the said goal 
has been with me & sayes that he has good Reason to beleive 
that there Will be a forceable attempt made to Deliver the 
Said Wickoff out of Geoal. 

These are therefore to Require you in his majesty's Name 
to use all Possible means According to Law to Prevent Any 
Such Outragious proceedings And to Continue the Said 
Wickoff in Safe Custody. 

Given under my hand & Seal at Arms at Elizabeth Town 
April 11 th 1752 

J. BELCHER. 

Letter to M r Johnston & M r Nevill 

Gentlemen 

I Understand one Simon Wickoff is Committed to Goal 
in Perth Amboy for High Treason and John Waller the 
Geoal Keeper (who is now with me) Say's he hath too 
much reason to belive the Said Wickoffs Friends will 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 373 

Attempt to Deliver him out of goal by force I have there- 
fore made out upon the Sheriff the inclos'd Special Warrant 
that he may take the better Care to have the Goal well Secur'd 
that the said Wickoff may Still be Safely Kept in Custody 
and as you Are Gentlemen of Supeiriour Order in this his 
majesty's Government I Desire and Expect from you that In 
Your Several Stations you do all in your Power To Encour- 
age and Protect the Sheriff in his office that no Insult Or 
Outrage be Committed On His Majesty's Authority 

I am with Due Respect 
Elizabeth Town Gentlemen 

April 11 th 1752 Your Friend & Serv fc 

J. BELCHER 
To the Honorable 

Andrew Johnston Esq r Of his Majesty's 

One of his Majesty's Council f Province of 

Samuel Nevill Esq r new Jersey 

One of the Judges of y e Supream Court J 

Mr. Nevills Answer 

Perth amboy April 14 th 1752 
May It Please Your Excellency. 

I received a Packet from your Excellency by M r Waller 
on Sunday Last in the morning near One O Clock with an 
Inclos'd Letter Directed to M r Andrew Johnston & my Self 
as Also your Warrant or Order To the Sheriff of Middlesex 
I waited on M r Johnston the same Morning and Persuant 
to Your Directions we Sent for the Sheriff and gave him 
your Warrant aud At the Same time Directed him to be 
Carefull of his Prisoner and to Secure his Goal in the best 
manner he Could Letting him know at the Same time that 
he was already Cloathed by Virtue of his Office with all the 
Power that we Could give him to Wit that of Raising the 
Posse Comitatus. 

On monday Morning we Received some flying and Contra- 
dictory Reports that some People were Gethering together in 
the Country to take Wickoff Out of Goal and M r Johnston 



374 NEW JERSEY COLONIAL DOCUMENTS. [1752 

and my Self met and Continued together till the Day was 
far Spent but Heard nothing farther however About three 
O Clock In the after noon a Number of people about twenty 
Or Upwards with Clubs in their hands broke open the goal 
and Rescued Wickoff in the manner the Enclosed Affidavits 
Will Inform your Excellency Had Mr. Johnston and my 
Self been Present I conceive we Could [have] been of but Little 
Service for my Real Openion is that the Power of the Gov- 
ernment in New Jersey is at Present Very weak as to Sub- 
dueing Insurrections of this nature no Provission Being 
Made by the Legislature to Support that Power though fre- 
quent Applycations have been made by your Excellency as 
well as by the Late Governour to the Assembly for that 
Purpose this together With a Seeming Reluctancy In the 
People to the Obedience to the Authority in the Present 
Case hath Rendered any Attempts to Suppress and Prevent 
Such Like Riots and Disorders in a great Measure Imprac- 
ticable. 

I Wait for your Excellencys advice and Directions Which 
method will be most Prudent to Issue an Escape Warrant 
and Hue-and-Cry after the traitour Wickoff or Delay it for 
a few Days until the Affair groes Cool. Some are Of 
Opinion that in the Latter Case he will boldy Appear In a 
Short time and be Easiley taken but that if the Country be 
Alarm'd he will withdraw and not be taken at all Or With 
Great Difficulty Which Of the Schemes is most Adviseable I 
submit to your Excellencys wise Consideration And Reffer 
you for farther Particulars to the Sheriff Who now waits 
upon your Excellency for your Orders Instructions and Com- 
mands in this Unhappy and Critical Affair. 

M r Waller When he waited Upon your Excellency Did 
not Inform you that he had Permitted this Traitor Wickoff 
to go Home Privately and Unknown to the Sheriff and that 
he Waller furnish'd him with a horse for that Purpose and 
that the said Wickoff was gone from fryday the third to 
monday the Sixth of this Instant April Which time I 
Dought not Wickoff employed in Raising and Spiriting up 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 375 

his friends to Rescue him from the Goal and Waller did not 
Inform the Sheriff of those Fears and Apprehensions of 
wicoffs being Rescued Which he Related to your Excellency 
of this Affair the Sheriff Will Likewise farther Inform 
Your Excellency. 

I impatiently wait for your Excellencys further Advice 
and Directions and Shall be Always Ready to [do] Every thing 
in my Power for the Securety of his Sacred Majesty's person 
& Government (Whome God Long Preserve from All trea- 
sons & traitorious Conspiracies) and for Preserving the Peace 
of the Kings Government here in New Jersey 

I am S r with all Due Respect 
Your Excellencys 

Most Obedient 
To his Excellency hum ble Serv* 

Jonathan Belcher Esq r SAMUEL NEVILL 

New Jersey ss. James Newell of the City of amboy 
Taylor of full age maketh Oath that on monday the 13 th of 
april 1752 he this Deponent was told that the Rioters were 
breaking Open the Goal in the Said City of Perth Amboy 
Upon Which he went to the Said Goal where he saw a Num- 
ber of People About twenty arm'd with Clubs About the 
said Goal that the Outer Door was then Open and he heard 
a Great knocking within the Goal As if it was breaking 
Open Locks that Soon After he Saw one Simon Wickoff 
Brought Out Amidst a Number of People and mounted on 
horseback and Caried of in Triumph by the Rioters who 
Huzza'd as he went away And this Deponent further Saith 
that he Saw One Benjamen Corle among the said Rioters 
with a Club In his hand and farther this Deponent saith not. 
Sworn this 13 th Day of JAMES NEWILL. 

April 1752 

Before us 

ANDREW JOHNSTON A treu Copy Taken from the 
SAMUEL NEVILL. Original and Compared by me 

SAMUEL NEVILL. 



376 NEW JERSEY COLONIAL DOCUMENTS. [1752 

New Jersey, ss. Thomas Fox of the City of Perth 
Amboy Gent n maketh Oath that On monday the 13 th of 
April 1752 He this Deponent was in Company With Wil- 
liam Dear Esq r High Sheriff of the County of Middlesex 
When Some Persons Came and told the Said Sheriff that a 
Number of people Were Comeing to break open the Goal 
upon Which the Sheriff DesirM this Deponent to go With 
him to the said Goal to bear Witness of what Passed that 
they Went up Accordingly and presently Came up a number 
of People With Clubs in their hands on horse back that One 
of them gave the word of Command to Dismount where- 
upon the Sheriff Put himself betwen them and the Goal 
Door And Demanded What they Came their for that One 
of them a Lusty Man a Dutchman as this Deponent 
Beleives said they were Come for Simon Wickoff and would 
have him out that y e Sheriff forwarn'd them from breaking 
Open the Kings Prison that they then Cried Out in a tumul- 
tuous Manner that they Loved King George better then he 
Or Any body there and Would have Justice or Words To that 
Effect they then Demanded the keys of the Sheriff and Said 
if he would not Deliver them they Would break Open the 
Goal and that they did not Want to hurt him or any One 
Else but they Would have him Out that the Sheriff Refus'd 
to Deliver the keys that Some Persons from behind CalPd 
Out who hath the keys Damn them Whip Whip them till 
they do deliver them or words to that Effect that they then 
said he must Give the keys and it would be better for him 
that this Deponant told them that It was as much as his Office 
or his Life was Worth and that It was a Shame to Abuse an 
Officer in the Execution of his Office they Repli'd they did 
not Care they would have justice that this Deponent told [them] 
that if they would have Patience they would have Justice they 
Reply'd that they had Stay'd Long Enough and now all was 
Quiet they had begun again with them that they then Cried 
Out again in a Tumultuous Manner Why Do you Delay 
Break it Open that they then Proceeded to break Open the 
Goal With Iron Instruments and broke the Outer Door When 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 377 

a Number of the Rioters Crouded in and soon After this 
Deponent saw the said Rioters bring the Said Simon Wickoff 
out of the Goal and that they mounted him on horseback and 
Caried him of in a triumphant manner With Loud huzzas, 
<fe further this deponent saith not 

THO" Fox 

Sworn this 13 th Day of 
April 1752 before us 

ANDREW JOHNSTON A trew Copy taken from the 
SAMUEL NEVILL Original and Compared by me 

SAMUEL NEVILL 

New Jersey ss. William Dear Esq r High Sheriff Of the 
County of Middlesex maketh Oath that About three o Clock 
on monday the 13 th of April 1752 in the After Noon he this 
Deponent Seeing a Great Number of People Comeing into 
town on horse back and being Informed that they were Come- 
ing to take one Simon Wickoff Out Of the Goal of the County 
of Middlesex who had been Committed to the said Goal by 
Judge Read upon an Indictment found Against him the Said 
Simon Wickoff in the County of Middlesex Affores'd for High 
Treason he this Deponant went Up to the said Goal and Soon 
After A number of Persons on horseback Came up about 
twenty As this Deponant belives Most of them Arm'd with 
Clubs that he this Deponent Ask'd them What their business 
was that Some of them Replied they Came for Simon Wickoff 
and Demanded the keys of the Goal of this Deponent that 
this Deponent Refused to Deliver the keys upon Which Some 
of them Said that this Deponent had beter Deliver the keys 
then have the Doors broke Open for they would not Pay for 
the Locks if they broke them that this Deponant forwarn'd 
them from breaking open the Kings Goal at their Perril that 
one of the said Company Who this Deponent beleives to be 
one Hageman A Son of Adrian Hageman and a Blacksmith 
now or Lately Liveing in the County of Somerset and Prov- 
ince of New Jersey Went up to the Outward Door of said 
goal Which Was fastned with a Padlock on the Out Side 



378 NEW JERSEY COLONIAL DOCUMENTS. [1752 

and with a hammer and Chissel broke open the said door 
Upon Wich a Number of the Rioters Rush'd Into the said 
Goal and broke open the Entry Door and Afterwards broke 
Open a Door which Led into a Room where the affores'd 
Wickoff Was Confin'd that the said Simon Wickoff was 
Rescued out of the said Deponents Custody in the manner 
Affore mentioned And was mounted upon a horse and Caried 
of in triumph With Loud Huzzas, by the said Rioters and 
this Deponent farther Saith that he Saw one Benjamin Corle 
on horse Back Amongst the Said Rioters with a Club in his 
hand And that he Saw another Person there whome he 
beleives Likewise to be a Son of the Aforesaid Adrian Hage- 
man And further this Deponent Saith not. 

W m DEARE 
Sworn this 13 th Day of 
April 1752 before us 

ANDREW JOHNSTON a true Copy Taken from the 
SAMUEL NEVILL Original and Compar'd by me 

SAMUEL NEVILL 

His Excellency the Governour Desir'd the Advice Of 
Council thereon The Council were of Opinion that as the 
Disturbances of this Province have for Some time Past been 
Under the Consideration of His Majesty & his Ministers and 
It is Expected that Advices will Soon Arrive from Home 
Relateing to the Same that the Defferring their Advice till 
the Quarterly Meeting on the 10 th of may Next may be most 
Expeediant Hopeing in the mean time Your Excellency will 
Receive Directions from his Majesty in these affairs 

At a Council held at Elizabeth Town In the Province of 
New Jersey on monday y e 11 th Day of May 1752 

Present 
His Excellency the Governour 

M r Alexander M r Hude M r Johnston M r Ogden 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 379 

4 

The minutes of Council of the 24 th Day of April Last 
were Head And his Excellency Desired the Advice of the 
Council On the Papers at that time Laid before them and 
What may Be most Proper to be Done on this Extraordinery 
affair 

The Concil are of Openion That as there is Great Reason 
to Hope for Some Speedy Directions from His Majestys 
Ministers in Respect to the many Late Riotes W ch hath 
Obstructed the Publick Justice of this Province for Several 
years Past that It Would be most Prudent To Suspend take- 
ing any Steps In this Matter for some time as Ships are Daily 
Expected from London Who May Probably bring over those 
Orders That As to the Calling the Assembly they Are of 
Opinion it would Not be Proper to Call them purposely to 
Lay the Rescuing of Wickoff before them as there have been 
Repeated Unsuccesfull Applications Made to the Successive 
Assembly* Of this Province and they know of no Reason to 
Expect that Any Such Applications would have its Desired 
Effect Untill the Opinion of His Majesty's Ministers and 
their Directions in these Affairs Shall Arive and In the mean 
time his Excellency the Governour Is humbly Requested to 
Represent this matter to His Majesty & His Ministers in the 
Strongest Light. 

His Excellency Desir'd the Advice of the Council On the 
facts Appearing in the Papers Laid before Them What Steps 
are Necessary to be taken In Respect to Will m Dear Esq r 
Sheriff of the County of Middlesex & John Waller the Goaler 

As to the Sheriff the Council are of opinion that as they 
Are Informed that Said Sheriff on Receiving his Excellency" 
Warrent Put One or more Locks on the Prison Doors Barred 
the Same With other Steps that he then took To Secure the 
Said Goal and as the Late Sheriff of Middlesex County on 
the Like Occasion Issued his Summons to Upwards of Seventy 
Men to Appear at amboy to guard the Goal on a then Thretned 
Riot to brake Open Said Goal and Rescue a Prisoner from 
thence And None Obeyed said Summons Excepting a few 
Magistrates and the said Will m Deare haveing been Ac- 



380 NEW JERSEY COLONIAL DOCUMENTS. [1752 



quainted therewith We Are of Openion the Steps the Said 
Will m Deare took in this Affair is all that Could be by him 
Prudently Done and are also of Opinion that John Waller 
be Prosicuted for his Neglect of Duty In Consenting to 
Wickoff going home for three Days While Charg'd in his 
Custody for High Treason & Lending him a Horse at Same 
time for that Purpose 

His Excellency by Advice of Council Signed the Follow- 
ing Warrants Viz* 

To himself in Part for a Quarters Salary as 
Comander in Chief of this Province for the 
Qarter Due y e 10 th Instant 160 

To D for the Remaining Part of the Quarter 
D Ended y e 10 th Ins* 90 

To D for a Quarters house Rent Due y e 10 th 
Instant 15 

To Sam el Nevill Esq r 2 d Justice of y e Supream 
Court of this Province for a Quarters Sal- 
lery Due y e 10th Instant 6 : 5 

To Charles Read Esq r as 3 d Justice of the 
Supream Court for a Quarters Salary Due 
the 10th Instant 6: 5,, 

To Joseph Warrell Esq r att y general of the 
Province of New Jersey for a Quarters Sal- 
ary Duey 6 10 th Instant , 7 10 

To Andrew Johnston Esq r Treasurer of y e 
Eastern Division For a Quarters Salary Due 
y e 10 th Instant 10,, 0,, 

To Sam 11 Smith Esq r Treasurer of y e western 
Division for a Quarters Salary Due y e 10 th 
Instant 10,, 0,, 

To Charles Read Esq r for his Salary as Clark 
of the Council for a Quarters Salary Due y e 
10 th Instant 7 10 

To John Smith Esq r Clerk of the Circuits for 

a Quarters Salary due y e 10 th Instant 5 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 381 

To Samuel Nevill Esq r for his Attendance on 
three Courts of Oyer & Terminer Viz* at 
Cumberland y e 4 th Tuesday in April Last 
at Salem y e 3 d tuesday in April Last and at 
Gloster the first tuesday in May Instant 30 

To Anthony Elton Doorkeeper of y e Council 

for a Quarters Salary Due y e 10 th Instant... 2 10 

A true Copy of the Minutes of the Council of the Prov- 
ince of New Jersey Compared by 

CHA READ 8ecr y 



At a Council held at Elizabeth Town on Monday the Tenth 
of August, 1752 1 

Present 
His Excellency the Governour 

The Hono ble James Alexander Andrew Johnston \ -^ 
James Hude Peter Kemble / 

His Excellency made the following Speech to the Council 

Gentlemen of the Council 

" This being one of our Stated Quarterly Meetings I shall 
" be glad to hear any thing you have to offer for His Ma- 
"jestys Service as for the good of the Province and I wou'd 
"now more particularly ask your Advice and Opinion 
" whether it may be necessary or Expedient soon to meet the 
" Assembly to see whether the Governour Council and Assem- 
" bly can fall into any Act or Acts for the better Suppressing 
" the Riots and disorders which has disturbed the peace of 
" the Province for a great Number of years past (long before 
" my Arrival). 

"And also to have your advice whether it may be best to 
" give Orders for an Especial and Speedy prosecution of such 
" as have been or may be Apprehended for breaking open the 

1 The following Minutes of August 10th and 12th, 1752, are printed in N. J. Archives, 
VIII., Part I., 103-108. 



382 NEW JERSEY COLONIAL DOCUMENTS. [1752 

" Kings Goals of the Province in these things I say I shall 
" be glad of your advice and am always ready Chearfully to 
"join with you in such measure as may be judg'd will most 
"of all Contribute to the Establishment of the peace and 
" Tranquility of the Province." 

Elizabeth Town J. BELCHER 

August 10 : 1752. 

The Council taking the same into Consideration are of 
Opinion that there is no reason to hope for any success from 
any Application to the Assembly in Respect to the Riotts 
untill His Majesty shall be pleasd to send His Especial Com- 
mands therein and therefore cannot [advise] His Excellency to 
call the Assembly on that Account only That as to the prose- 
cutions they are of Opinion that His Majestys Attorney Gen- 
eral should proceed according to the known Laws of the 
Land and that they see no Room to give any particular direc- 
tion therein 

a Petition from the Mayor Recorder Aldermen and Common 
Council of the free borough of Elizabeth in behalf of them- 
selves and others the Inhabitants within the said Borough to 
have their Charters Alterd & some further priviledges &c a 
was read. 

a Petition of Joseph Bonney and his Letter of the 20 th of 
July was read. 

The Council are of Opinion that Neither His Excellency 
or the Council can do any thing in Respect to the Petition of 
Joseph Bonney without aid of the Legislature that for any 
thing that appears there may be relief for him in the Courts 
of Justice. 

The Council taking into Consideration the Petition of the 
Mayor Recorder &c a of the Free Borough of Elizabeth are 
of Opinion that the same be referred to M r Alexander M r 
Hude M r Johnston M r Kemble M r Ogden or any three of 
them and that the Petitioners or some of them have Notice 
to deliver to the Committee a Draught of the Charter they 
Petition for. 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 383 

His Excellency was pleased to Nominate John Roye and 
Ichabord Tompkins as Justices of the Peace in the County 
of Somerset to whom the Council agreed. 

Orderd they be added to said Commission. 

Also Nominated Stephen Crane and Timothy Whitehead 
to be Justices of the Peace for the County of Essex to which 
the Council agreed. 

Ordered that they be added to the Commission for said 
Countys in Rank according to their Appointments. 

His Excellency by Advice of Council signed the following 
warrants. 

N 200. To himself for a Quarters Salary due 

this day 250 :0: 

201 : To himself for a Quarters House Rent 

due this day 15 :0: 

202. To the Hono ble James Alexander Esq r 

for forty one days attendance in 
Council between the 7. of October 
1743 & the 18 : November 1743... 12 : 6 : 

203. To the Hono ble James Alexander Esq r 

for One hundred and Seventy two 
dayes attendance in Council between 
29: of March 1749 to February 
14:1752 51:18: 

204: To the Hono ble John Reading Esq r 
for forty three days Attendance in 
Council in September and October 
1751 6: 8: 

205: To Samuel Nevill Esq r Second Justice 
of the Supream Court for Attend- 
ing the Supream Court at Burling- 
ton in May 1752 and for Holding 
the Court of Nisi Prius and Court 
of Oyer & Terminer in the County 
of Hunterdon on the Third Tues- 
day in May 1752 16 : : 



384 NEW JERSEY COLONIAL DOCUMENTS. [1752 

N206:To Ditto for his Salary as Second 
Judge of the Supream Court from 
the 10 : of May to the 10 : of August 
1752 6:5:0 

207 : To Charles Read Esq r for a Quarters 
Salary as Clerk of the Council for 
the Quarter ended this day 7 : 10 : 

208 : To Ditto for a Quarters Salary as 
Third Justice of the Supream Court 
for the Quarter ended this day 6:5:0 

209: To Joseph Warrell Esq r for a Quar- 
ters Salary as Attorney General for 
the Quarter ended this day 7 : 10 : 

210: To Andrew Johnston Esq r for a Quar- 
ters Salary as One of the Treasurers 
of the Province for the Quarter 
ended this day 10: 0: 

211: To Samuel Smith Esq r for Quarters 
Salary as one of the Treasurers of 
the Province for the Quarter ended 
this day 10: 0: 

212: Samuel Smith Esq r for Copying the 
Votes of the General Assembly and 
the Laws passed in the Sessions at 
Burlington in September and Octo- 
ber 1751 Also for Pens, Ink and 
Paper 10 : 18 : 

213: To John Smith a Quarters Salary as 
Clerk of the Circuits for the Quar- 
ter ended this day 5:0:0 

214 To William Bradford in full of his 

Account allowd 141 : 1 : 

215. To Ditto for one Hundred and Sixty 
Bound Books of the Laws of the 
Province as ^ Act of General 
Assembly 200: 0: 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 385 

216 : To Anthony Elton for a Quarters 
Salary as Door keeper to the Coun- 
cil for the Quarter ended this day 2 : 10 : 

M r Alexander acquainted His Excellency that Lewis 
Ashfield Esq r was at the Door attending with His Majesty s 
Mandamus to His Excellency for Swearing and admitting 
him One of His Majestys Council of this Province with a 
Certificate of his Acquital by due Course of Law of what he 
had been Charged with and allegd as Reason for the Delay 
of his Qualification and prayed that he might be called in 

His Excellency adjourned the Council to Meet to morrow 
morning at Ten O. Clock. 



Tuesday August 11 : 

The Council Met Present His Excellency the Governor 
The Hono ble James Hude, Andrew Johnston and Petter 
Kemble Esq" 

His Excellency gave the following Answer to the Motion 
of James Alexander Esq r of yesterday. 

Gentlemen of the Council 

"After what I said to you in October last & is on the 
" Council Minits I am Surprized at the Motion made yester- 
" day by M r Alexander relating to the Kings Mandamus for 
" admitting M r Ashfield into the Council w th w ch I once more 
" tell you, You have no Business or Concern nor will I hear 
" anything from you about it this I say to save Yourselves 
" or me any further trouble and if you are minded to show 
" that Young Gentleman any Respect I would advise you to 
" teach him his Duty in this matter To the Kings Governour 
" and when he practices it he shall have my Answer." 

Elizabeth Town J. BELCHER 

August 11 : 1752 

25 



386 NEW JERSEY COLONIAL DOCUMENTS. [1752 

His Excellency laid before the Board for their Considera- 
tion a Charter proposed for the Incorporation of the Five 
Dutch reformed Churches in the Counties of Middlesex, 
Somersett and Hunterdon w ch being Read It is Orderd that 
it be Referrd to their next Quarterly meeting and that in the 
mean time the Secretary do procure the Statute of Mortmain. 

Compared w th Minitts of Council of the Province of New 

Jersey of w ch this is a true Copy 

CHA READ D Secr y 
August 12, 1752 



At a Council held at the Borough of Elizabeth on Monday 
the Twenty first day of November 1752. 

Present 
His Excellency Jonathan Belcher Esq r Governour 

f James Hude "^ 

j Andrew Johnston j 
The Hon- j Peter Kemble j, Escf 

[ David Ogden j 
His Excellency made The following Speech to the Council 

Gentlemen of the Council 

Since Our Last Meeting I have received His Majesty's 
Royal Additional Instructions Relating to a Revisal of the 
Laws of this Province, as also the Copy of an Act of the 
Legislature of Virginia lately pass'd There, for a Revisal of 
their Laws, and being commanded by the said Instruction to 
Act in Consert in this Matter with His Majesty's Council 
and the Assembly, I now lay the Copies of these things 
before you, and desire your advice and Opinion, in what may 
be the best Method for Carrying this Instruction into Exe- 
cution 

And whether it may not be Necessary to meet the Assem- 
bly (as soon as Conveniently may be) to Communicate these 






1752] JOURNAL OF GOVERNOR AND COUNCIL. 387 

things to them, and for Transacting such other Affairs of the 
Province as may be thought needfull 

And as the Severe Season of the Year is just at hand I am 
doubtfull whether I shall be able to undertake a Journey to 
Burlington I therefore desire your Advice, whether it may 
not be most Expedient, to meet the Assembly at this place 

Elizabeth Town J BELCHER 

Nov r 21, 1752 

Then An Additional Instruction referred to said Speech 
and the Act of the Legislature of the Collony of Virginia, 
were read. 

A Complaint of Sundry Inhabitants of the County of 
Somerset against John Corle Esq^for Neglect of his Duty as 
a Commissioner of the Loan Office for the said County, and 
praying the Governours Mandate for the Election of another 
in his Room was read 

Ordered That a Copy of the said Complaint be made out 
and That a day be given for hearing The said Complaint, at 
the next Meeting of the Council which Copy and Notice, The 
Complainants or some of them are to Serve on John Corle 
Esq r that he may have an Opportunity of making Answer to 
the said Complaint. 

A Petition from John Albert Weggand Minister of a 
Lutheran Church at Bethlem in the County of Hunterdon 
praying for Liberty to Collect such Money as Charitable dis- 
posed People shall incline to give towards Building a Free 
School for the High Dutch in and near Bethlem aforesaid. 

His Excellency by Advice of the Council Sign'd The fol- 
lowing Warrants 

N 217 To himself for a Quarters Salary due 

This day 250 

218 To himself for a Quarters house Rent 

due this day , 15 

219 To Samuel Nevill Esq r for a Quarters 

Salary as 2 d Justice of the Supream 

Court, ended This day 6,, 5,, 



388 NEW JERSEY COLONIAL DOCUMENTS. [1752 

220 To Charles Read for a Quarters Salary 

as 3 d Justice of The Supream Court 

ended this day 6,, 5,, 

221 To Joseph Warrell Esq r for a Quar- 

ters Salary as Attorney General of 

this Province ended This day 7 10 

222 To Andrew Johnston Esq r for a Quar- 

ters Salary as one of the Treasurers 

of this Province ended this day..... 10 

223 To Samuel Smith Esq r for a Quarters 

Salary as one of the Treasurers of 

this Province ended this day 10 

224 To Charles Read Esq r for a Quarters 

Salary as Clerk of the Council ended 

this day 7,, 10 

225 To John Smith for a Quarters Salary 

as Clerk of the Circuits 5 

226 To Samuel Nevill Esq r for Attending 

4 Courts of Oyer and Terminer 
Morris Bergen, Somerset and Mon- 
mouth in September and Octo r last 
and Burlington Court 46,, 

His Excellency Adjourn'd The Council till to Morrow 
Morning Ten o'Clock 

Tuesday Morning 10 o'Clock 
The Council Met 

Present 
His Excellency Jonathan Belcher Esq r Governour 

f James Hude ^j 

j Andrew Johnston 
The Hon- j peter ^^ j. Esq" 

I, David Ogden 



1752] JOURNAL OF GOVERNOR AND COUNCIL. 389 

The Council gave The following Answer 

May it please your Excellency 

We His Majesty's Council for the Province of New Jersey 
having Considered, The Matters referred to us by your Excel- 
lency Yesterday Are of Opinion that the calling the General 
Assembly as soon as Conveniently may be, will be proper so 
as to proceed on the Affairs your Excellency Mentions, but 
whether the deferring the calling them to a More Seasonable 
time of the Year will not be more Practicable Than in The 
Severity of the Winter We Submitt to your Excellency. As 
to The Calling Them at their next Sitting to Meet at any 
other place Except Burlington is what We would not advise 
unless the ill state of health of your Excellency renders it 
Absolutely necessary of which you are The best judge, and 
if that should be the Case We advise The calling the Assem- 
bly to this place. 

November 22 d 1752 

The Council taking into Consideration ^The Petition of 
John Albert Weggand are of Opinion that it is for the 
Advantage of this Province That all due Encouragement 
be given to Protestant Schools and That the said John 
Albert Weggand have Liberty to Collect from the Charitable 
Donations of the people of this Province, a Sum not exceed- 
ing Five hundred Pounds Proclamation Money ^ Annum 
income and that before obtaining such Licence he give 
Security to be Lodged in the Secretary's Office that the Sums 
Collected shall be Apply'd towards Building and Supporting 
a Free School for the German Lutherans Agreable to the 
prayer of the Petitioner. 

His Excellency Nominated Thomas Woolverton for a 
Justice of the peace in the County of Morris to which the 
Council Assented. 

A Patent for a Ferry over The North River at a place 
between The North Bergen line and half a Mile to the South- 
ward of the great Slaugh to Stephen Bayard was read, and 



390 NEW JERSEY COLONIAL DOCUMENTS. [1752 

the Advise of the Council being ask'd They do Advise His 
Excellency to grant the same. 

Compared and Examined February 17 th 1753 

By 

CHA READ D SecF 



A Journal of the Proceedings of Council at a Session of 
the General Assembly begun and holden at the Borough of 
Elizabeth on the fourteenth day of December 1752 

Present 

C James Hude ^ 

Andrew Johnston j 
The Honb le <! p * TT bl ^ ^ 

^ David Ogden J 
The House Continued till 

December 15 th 1752 
The House Met Present 

f James Hude ^| 

Andrew Johnston 
The Hon- -j Peter KemUfl |- Esq 

^ David Ogden J 
The House Continued till 

December 16 th 1752 
The House Met Present 

f James Hude ^j 

j Andrew Johnston i 
The Hon w -i, p . ^,, I Esq" 



David Ogden 
The House Continued till 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 391 

December 18 th 1752 
The House Met Present 

C James Hude ^j 

Andrew Johnston ; 
The Hon- . Esq" 



[ David Ogden } 

His Excellency came into Council and having by the Clerk 
of the Council required The Attendance of the House of 
Assembly, they Attended, when his Excellency was pleased 
to make The following Speech to both Houses. 

Gentlemen of the Council and of the General Assembly 

Since Our Last Meeting I have receive His Majesty's Royal 
Additional Instruction Respecting a Revisal of the Laws of 
this Province, by which I am required and Directed, jointly 
with The Council and Assembly (of this His Majesty's Prov- 
ince of New Jersey) forthwith to Consider The said Instruc- 
tion, and which I communicated to His Majesty's Council at 
one of their Stated Meetings, The Latter end of Last month 
and in Obedience to His Majesty's said Royal order I have 
Conven'd you as soon as I conveniently could, That no time, 
might be lost in my laying it before you, and I shall now 
direct The Secretary to deliver you a Copy thereof, together 
with the Copy of an Act passed in The Collony of Virginia, 
which came to me with the said Instruction, and is of the 
Nature of What His Majesty expects from you, and as a 
Clear and well degested Body of Laws must have The best 
Tendency, for the Support of His Majesty's Authority and 
Interest and for the Promoting The peace and Welfare of 
this Province ; I should Think to raise a joint Committee 
out of the Council and Assembly, to Act in this Matter would 
be highly prudent. 

You are Sensible Gentlemen That Several of the Laws of 
the Province are Expired some Amended or Explain'd and 



392 NEW JERSEY COLONIAL DOCUMENTS. [1752 

other Repealed, if therefore you can Agree to Come into a 
Body of Correct and Salutary Laws for the better Govern- 
ment of this Province you will be sure of all my Assistance, 
and ready Consent thereto as a Thing That will greatly 
Honour This Legislature, and Conferr the best Advantages 
on The present Inhabitants of the Province as well as Trans- 
mitt, them to their Successors in all times to Come ; I there- 
for Depend you will. take This His Majesty's Royal order 
into your Serious and most Mature Consideration. 

I am in The next place Gentlemen to Mention to you 
(with Abhorrence) the Rising of a Seditious Pack of Villains 
in April last, and Then Breaking open the Kings Goal at 
Amboy and delivering from Thence one Simon Wickoff who 
stood there Committed for High Treason upon which I must 
Earnestly Recommend to you, the passing of a good Law for 
the better Security of the Kings Goals and for the Severe 
Punishment of such Audacious Offenders for the future, but 
if after so many flagrant Instances of Mobing Rioting and 
breaking open the Kings Goal in This Province you will do 
nothing to Prevent it, no mans life or Property can be safe, 
nor can The King's Authority be Supported, and Those 
Things I am afraid will in The end bring upon you His 
Majesty's great displeasure 

Gentlemen of the General Assembly 

You are Sencible, That the Provision for the Support of 
The Government Expired The last Month and as the Publick 
Debts are paid up to that time, I shall not doubt your now 
taking The Necessary care of making an Ample Supply of 
Money to The Treasury That the debts of the Province, may 
be Justly paid from time to time as they may become due. 

Gentlemen of the Council and of the General Assembly 

The Arrival of His Majesty's Royal order which I have 
first 1 Mentioned to you with what else I now lay before you, 
has made it absolutely Necessary for me to meet you at this 
time Altho' it is a Difficult Season of The Year yet as it is 

Trust. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 393 

but early in The Winter, you may with Close Attention give 
Dispatch to the things now lying before you, before the 
Severity of the Weather sits in, I should have been glad to 
have met you at Burlington but by the Advice of my phy- 
sicians I might not undertake such a Journey at this time of 
the year, and The calling you hither is Exactly Conformable 
to His Majesty's Royal Order having received the Advice 
of His Majesty's Council Therein, as to The Place of the 
Sittings of the Assembly in Case of any Extraordinary 
Necessity. 

As the best Concord and Unanimity will give Spirit and 
Strength to all your Deliberations so I shall look upon it, as 
a happy Omen of peace and Prosperity to the Province 

J. BELCHER 

Eliz th Town Dec r 14 1752 



December 19, 1752 
The House met Present 

f James Hude 
ble j Andrew Johnston \ 
6 } Peter Kemble 
(^ David Ogden J 

The House Continued till 

December 20, 1752 
The House Met Present 

f James Hude ^| 

Andrew Johnston 
The Hon ble ^ p t x bl ^ ^ 

(^ David Ogden J 
The House Continued till 



394 NEW JERSEY COLONIAL DOCUMENTS. [1752 

December 21, 1752 
The House Met Present 

f James Hude 

The Hon bie < Andrew Johnston 
I David Ogden 

His Excellency came into Council and having by the Clerk 
informed the House of Assembly that he was in the Council 
Chamber ready to receive The Address of that House, They 
attended and delivered Their Address in The following Words 
Viz 4 

To His Excellency Jonathan Belcher Eeq r Captain General 
and Governour in Chief in and Over His Majesty's Province, 
of New Jersey and Territories Thereon depending in America 
Chancellor and Vice Admiral in The same. 

The humble Address of the house of Representatives of 
the Collony of New Jersey in General Assembly met 

May it please your Excellency 

We His Majesty's Most dutifull and Loyal Subjects The 
Representatives of the Collony of New Jersey, do beg Leave 
to Express Our gratefull Acknowledgements of His Majesty's 
Paternal care over us, in sending to your Excellency an 
Additional Instruction for the Revisal of Our Laws ; But as 
They have been carefully Collected by order of the General 
Assembly at a Great Expence, and all those that are Expired 
or Repealed left out, and Those Altered Amended or Explained 
pointed out and Referrences made by the Marginal Notes, and 
a New Impression of them so lately made, That they came 
out but a few Months [ago?] 1 of which His Majesty's Min- 
isters, could not have Notice at the date of that Instruction. 
And as they have been from time to time Transmitted to the 
Right Honourable Lords Commissioners for Trade and 

1 Nevill's Acts of the General Assembly, printed in 1752. 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 395 

Plantations, and Those of the most Importance have received 
His Majesty's Royal Approbation We are humbly of Opinion, 
that His Majesty will think that we are not under The like 
Necessity of Revising Our Laws as the Collony of Virginia 
where their Laws were in great disorder and Confusion as 
they have set forth by the Preamble of their Act Neverthe- 
less we are of Opinion, That it is a Duty Incumbent on us, 
as it hath pleased His Majesty to Recommend The Matter 
to your Excellency by an Additional Instruction according 
to your Excellency's Advice, to give, it Our most Mature and 
Serious Consideration untill Our Next Meeting, and at that 
time with the Advice of Our Constitution 1 if any of these 
Inconveniencies Mentioned in the said Instruction do appear 
We shall do Our Endeavours to remedy it, by preparing some 
Bill or Bills, to be pass'd into a Law or Laws for that 
Purpose. 

This House were in hopes That as for some Years past 
They have heard nothing of any Goals being broke open in 
This Collony by a Set of Riotous Persons, That these people 
had seen their great Error and Voluntarily Submitted to The 
Laws, and it is with Concern and Abhorrence of these facts 
that We heard of a Fresh Crime committed last April in 
Taking out a Prisoner at Amboy committed on an Indict- 
ment for High Treason but as he Voluntarily in a Short time 
returned to that Goal and was Bailed out in August last by 
the Supream Court we are still in hopes That The Laws will 
take place, and That those Wicked offenders will Return to 
their Duty. 

We are very Sencible, of the Expiration of the Act for 
Support of the Government, and shall willingly and Chear- 
fully make an Adequate Allowance to all those whose Services 
are Beneficial to the Publick ; but as it will be Convenient at 
the same time, To dispatch The other Necessary Business of 
the Collony, and as The Season of the year is so farr Ad- 
vanced That we Expect the Severity of the Winter, which 
gives great delay to the Business of Assembly's. Therefore 

1 Constituents. 



396 NEW JERSEY COLONIAL DOCUMENTS. [1752 

we should have Taken it very Gratefully, if your Excellency 
had delayed The calling us together till a more Moderate 
Season. The Calling us to any other part of the Collony, 
besides Perth Amboy and Burlington, in case of Great Neces- 
sity with Advice of Council, we conceive may be agreeable 
to His Majesty's Royal Instruction, but as we Apprehend 
There is no such Necessity of Calling Us to this place, at 
this time, is The Reason Together with The Cold Seasons 
coming on, That We do not Incline to Proceed to Business 
here 

By order of the House 

CHARLES READ Speaker 

Several of the Members being of the^j 
people called Quakers Agree to the 
Substance of this Address with Their ; 
Usual Exceptions to the Stile 

The House Continued till 



December 22 d 1752 

The House Met Present 
His Excellency the Governour 

C James Hude ^ 
The Hon ble < Andrew Johnston >Esq ra 
(DavidOgden J 

A Message from His Excellency was sent by the Clerk of 
the Council to require their immediate Attendance and they 
came accordingly when His Excellency spake to them as 
follows 

Gentlemen of the General Assembly 

In answer to your Address of yesterday, I am glad to find 
you are Sensible of His Majesty's Paternal care, in His Royal 
Instruction sent me to Act jointly with His Majesty's Council 



1752] JOURNAL OF THE PROVINCIAL COUNCIL. 397 

and with you for a Kevisal of the Laws of this Province, 
and which Instruction you will take into your more Mature 
Consideration at your next Meeting 

The Answer you have made me as to making Provision 
for The better Security of the Kings Goals of this Province, 
upon the least Reflection you must see, is very foreign, and 
no real genuine Answer to what I mentioned relating to the 
King's Goals, and of an Act to Punish such who in Defiance 
of His Majesty and the Laws, do at their Pleasure with force 
and Violence, break open the King's Goals, and set at Liberty 
such as Stand Committed for the Most Atrocious Crimes 

The Prisoner who stood Committed at Amboy after being 
rescued from Goal, returning Voluntarily thither can be no 
Alleviation of the Crime of that Tumulteous and Riotous 
gathering of those who delivered him ; besides if the Prisoner 
returned of his Own Choice he might have Chose otherways, 
and in That Case Laws are made and Goals erected, in order 
to The better Support of His Majesty's Authority and for 
Preserving the Peace and Welfare of His Subjects of this 
Privince quite in Vain, and I am afraid your Answer on this 
head will not put you into That favourable Light, I could 
wish you might always stand with His Majesty 

Gentlemen I was in hopes what I said to you at your first 
making a house, wou'd have led you, to a Proceeding on such 
things as I laid before you ; but I am now Sorry to have The 
Occasion to Communicate to you The following Instruction 
from His Majesty relating to the place of the Sitting of the 
Assembly. 

" Our Will and Pleasure is That with all Convenient Speed 
" you call together one General Assembly for the Enacting of 
" Laws for the Joint and Mutual good of the whole Province 
" that the first Meeting of the said General Assembly be at 
u Perth Amboy in East New Jersey in Case The last was at 
" Burlington and That all future General Assembly's do meet 
" and Sit at one or The other of these places Alternately or 
" otherwise, as you with the Advice of Our aforesaid Council 



398 NEW JERSEY COLONIAL DOCUMENTS. [1752 

" shall think fit in Case of Extraordinary Necessity to Appoint 
" them 

By this you will See 1 he, King has absolutely committed to 
Sis Governour and Council The Alteration of the place of the 
Assembly's Sittings upon an Extraordinary Necessity, nor has 
The King allowed The Assembly to judge of that Necessity, 
however if you will consider That I am Commanded by the 
Additional Instruction, to lay it forthwith before you and 
that the low state of my health and Strength, would not 
Possibly allow of my making a Journey to Burlington, there- 
fore the calling you hither at this time, you must see is the 
very case the King has Provided for by His Royal Instruc- 
tion that His Service (together with the Affairs of the Prov- 
ince) should find no Obstacle, I am therefore Surprized Since 
you have got hither that you should come to a Resolution not 
to Proceed upon business 

Life and health are in the hands of the Alwise and Sove- 
reign disposer of all things, and if he pleases to spare my 
life, and better my health and Strength, I will endeavour to 
meet you The next Spring at Burlington, but if it should be 
otherwise (according to the Common Course of Nature) you 
can have no reasonable Expectation of it. 

I heartily wish you to your Several places of Abode in 
Health and Safty 

J. BELCHER 

Elizabeth Town December 22 1752 

Then he Acquainted Them that He would order the 
General Assembly to be Prorogued to the 22 nd day of Feb- 
ruary next which was done Accordingly. 

Compared and Examined February 17 th 1753 

By CHA READ D Sec 17 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 399 

A Journal of the Proceedings of General Assembly begun 
and holden at Burlington on 

Wednesday May 23 d 1753. 
The House Met 

Present 

John Rodman ^ 

The Hon ble Thomas Leonard VEsq" 
Richard Saltar J 

A Message from the Assembly by M r Hancock and M r 
Wood Viz* 

Order'd That M r Hancock and M r Wood do Carry the Bill 
Entituled a Supplementary Act to the Act Entituled An Act 
to enable the Owners of the Meadows and Marshes belonging 
to the Town of Salem to keep out the Tide from overflowing 
the same to The Council for Concurrence 

His Excellency came into Council and having by the D 
Secretary commanded The Attendance of the House of 
Assembly They Attended when his Excellency was pleased 
to make The following Speech to both Houses. 

Gentlemen of the Council and of the General Assembly 

Agreeable to what I said in December last when I parted 
with you at Elizabeth Town, I am through the favour of God 
(with much Difficulty) got to this place, and The first Thing 
I have to observe to you, is, That in Conformity to what the 
Assembly Said in Answer to my Speech at that time that you 
would now take into your most Mature and Serious Consid- 
eration His Majesty's Paternal Goodness in Recommending 
to you, a Revisal of all your Laws and of doing in Conse- 
quence thereof according to the King's Royal Instruction, I 
then laid before you, and this I again recommend to your 
very Particular deliberation. 

And I must also again Mention to you The old and Un- 



400 NEW JEESEY COLONIAL DOCUMENTS. [1753 

happy Affair of Eiots and Tumults in this province, and 
That you would once at last, exert your selves to the utmost 
of your Power by passing some good Law or Laws, to Sup- 
press and exterpate such wicked Proceedings, nor do I think 
you can in any one Thing more recommend your selves to the 
Royal favour, or more Contribute to the welfare and happi- 
ness of yourselves and of your Posterity 

Gentlemen 

You will carefully enquire into what Laws are Expired 
and see what may be Necessary to be received 1 among which 
I beleive The Militia Act is one. 

Gentlemen of the General Assembly 

It is Incumbent on you, to make a Carefull and Thorough 
Inquiry into the State of your paper Bills, and Lay proper 
funds for drawing in and sinking such of them The Course 
of whose Currency is Expired according to Law. 

I am also to observe to you That there is no money in The 
Publick Treasury appropriated for payment of the Debts of 
the Province, in Remedy whereof I shall not Doubt your 
proceeding according to the good rules of Reason and Justice. 

Gentlemen of the Council and of the General Assembly 

As it will soon be a very busy Season of the Year not 
only the General Interest of the province, but also that of 
your Private Affairs I hope will Lead you to the best Dis- 
patch in all Things That may come before you this Session, 
for the Publick good and to This end I wish the best Can- 
dour and Harmony may Subsist among yourselves 

J. BELCHEB. 
Burlington May 23 d 1753. 

Then The General Assembly withdrew. 
His Excellency laid before The Council The Copy of the 
Record of The Supream Court of this Province as follows. 

1 Revised. 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 401 

At a Supream Court held at Perth Amboy March Term 
1752 

Present 
The Hon ble Samuel Nevill Esq r 

The King ^ On Indictment for words Spoken 

@ V Assault & 

Lewis M. Ashfield ) Att Issue Jury called 

The Defendant as to the Second part of the Indictment 
relating to the Assault rather than Contend with Our Sove- 
reign Lord the King Protesting his Innocence withdraws his 
plea and puts himself upon the favour of the Court, but 
prays Leave to produce Evidence to induce The Court to 
Lay a small fine 

Jury Sworn & 

The Evidence and Council on both sides being fully heard 
The Court sum'd up, and a Constable being Sworn to keep 
the Jury The Court adjourned for half an Hour to the House 
of M r Serjeant and left the Jury in the Court Room. 

The Court Opened 
Present 

The King ^ The Hon ble Samuel Nevill Esq r 

@ > The Jury came into Court and say 

Lewis M. Ashfield J That they are Agreed on their Verdict 
and find The Defendant not guilty. 

Lewis M. Ashfield ^ Upon Recognizance on Comp fc of 
ad 8 > William Morris Jun r Upon Proclama- 

The King J tion three times made no one appear- 
ing to shew why the Defendant should 
be Longer bound, he is Discharged 
On Indictment for Assault 



402 NEW JERSEY COLONIAL DOCUMENTS. [1753 

The King ~) The Defendant on Fryday last hav- 

@ V ing put himself upon The favour of 

Lewis M. Ashfield ) the Court the Court now fines him six 

Shillings and Eight pence and Ordered 

that he stand Committed till fines and 

fees be paid 

THO" BARTOW Cl k 

Then M r Ashfield presented to His Excellency His Ma- 
jesty's Koyal Mandamus for his Admission as one of his 
Majesty's Council of this Province in The following Words 

George R : 

Trusty and well beloved We Greet you well We being 
well Sattisfied of the Loyalty Integrity and ability of Our 
Trusty and well beloved Lewis Ashfield Esq r have Thought 
fit hereby to Signify Our Will and pleasure to you That forth- 
with upon the Receipt hereof you Swear and Admit him the 
said Lewis Ashfield to be one of Our Councill of that Our 
Province of New Jersey in America in The Room of Richard 
Smith Esq r deceased and for so doing this shall be your 
Warrant and so We bid you farewell Given at Our Court 
at 8* James's The Eighth day of May 1751 in The twenty 
fourth Year of Our Reign 

By His Majesty's Command 

Lewis Ashfield Esq r BEDFORD 

to be of the Council of New Jersey. 

Superscrib'd 

To Our Trusty and well beloved Jonathan Belcher Esq r 
Our Captain General and Governor in Chief of Our Prov- 
ince of Nova Cseaarea 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. 

After which M r Ashfield by his Excellency's Direction took 
the Oaths Required by Law and The Oath for the due Execu- 
tion of the Office, and took his Seat Accordingly 

The House Continued till 



1753] JOURNAL OF THE PRO VINCI AL COUNCIL. 403 

Thursday May 24 th 1753. 
The House Met 

Present 

John Reading * ^ 
John Rodman 

The Hon ble Thomas Leonard j Esq 18 
Richard Saltar 
Lewis Ashfield J 

The Bill Entituled a Supplementary Act to the Act 
Entituled An Act to enable The Owners of the Meadows 
and Marshes belonging to the Town of Salem to keep out the 
Tide from overflowing the same was read a first time and 
Ordered a Second Reading. 

M r Wetherill and M r Van Middlesworth from the House 
of Assembly brought for the Concurrence of this House The 
Bill Entituled an act to further Continue An Act for better 
Setling and Regulating The Militia of this Colony of New 
Jersey for the Repelling Invasions and Suppressing Insurrec- 
tions and Rebellions passed in The Nineteenth year of His 
present Majesty's Reign which was read a first time and 
Ordered a Second Reading 

The House Continued till 



Fryday May 25 th 1753 
The House Met 

Present 

John Reading "") 
John Rodman 

The Hon ble Thomas Leonard j> Esq r 
Richard Saltar 
Lewis Ashfield 



404 NEW JERSEY COLONIAL DOCUMENTS. [1753 

The Bill Entituled a Supplementary Act to the Act Enti- 
tuled An Act to Enable the Owners of the Meadows and 
Marshes belonging to the Town of Salem & was read a 
Second time and Ordered a third reading 

The Bill Entituled an act to further continue An Act 
Entituled an Act for better Setling and Regulating the 
Militia & was read a Second time and ordered a Third 
Eeading. 

The Bill Entituled a Supplemetary Act to the Act Enti- 
tuled An Act to enable The Owners of the Meadows and 
Marshes belonging to the Town of Salem was read a third 
time and On Question 

Resolved That the Same do pass 

Ordered the Speaker do Sign the same 

Ordered that M r Ashfield do Acquaint the House of Assem- 
bly therewith. 

The Bill Entituled an Act to further Continue An Act 
Entituled an Act for better Setling and Regulating The 
Militia of this Province & c was read a Third time and on 
Question 

Resolved That the same do pass 

Ordered The Speaker do Sign the same 

Ordered That M r Ashfield do Acquaint the House of 
Assembly therewith 

A Message from tke House of Assembly Viz* 

Ordered that M r Emley and M r Deacon do carry The Bill 
Entituled An Act to repeal and Explain part of An Act 
Entituled a Supplementary Act to the Act Entitled An Act 
to Prevent the Killing of Deer out of Season and against 
Carrying of Guns and Hunting by Persons not Qualified for 
Concurrence which was read a first time and Ordered a 
Second Reading 

The House Continued till 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 405 

Monday May 28 th 1753 
The House Met 

Present 

Andrew Johnston ") 

The Hon ble Thomas Leonard i Esq" 
Lewis Ashfield ) 

A Message from the House of Assembly Viz* 
Ordered that M r Learning and M r Newbold do carry the 
Bill Entituled An Act for Chusing Overseers of the High- 
ways to the Council for Concurrence 

A Message from the House of Assembly Viz* 
Ordered That M r Emley and M r Fisher do Carry the Bill 
Entituled An Act for the further Revival and Continuance 
of An Act Entituled An Act for The Relief of poor dis- 
tress'd prisoners for debt to the Council for Concurrence. 
The House Continued till 

Tuesday May 29 th 1753 
The House Mett 

Present 
John Rodman ") 

Andrew Johnston j 
The Hon > ESQ" 

Lewis Ashfield J 

A Message from The House of Assembly Viz* 

Ordered that M r Hancock and M r Wood do carry the Bill 
Entituled An Act to enable The Owners of the Meadows and 
Marshes adjoining to and on both sides of Manington Creek 
to stop out the Tide from overflowing The Same. 

M r Ashfield reported That he had obeyed The Orders of 
the House of Fryday last 

The House Continued till 



406 NEW JEESEY COLONIAL DOCUMENTS. [1753 

Wednesday May 30* 1753 
The House Met 

Present 
John Reading 
John Rodman 



The Hon ble 



Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



Esq" 



The Bill Entituled An Act for chusing Overseers of the 
Highways was read a first time and Ordered a Second reading. 

The Bill Entituled An Act for The further Revival and 
Continuance of An Act Entituled An Act for the Relief of 
poor distressed Prisoners for debt was read a first time and 
Ordered a Second reading. 

The Bill Entituled An Act to enable The Owners of the 
Meadows and Marshes Adjoining to and on both sides of 
Manington Creek to stop out The Tide from overflowing 
them was read a first time and Order'd a Second reading. 

A Message from the House of Assembly Viz* 

Ordered That M r Lawrence and M r Newbold do carry The 
Bill Entituled An Act for Continuing An Act Entituled An 
Act to Prevent Actions of Fifteen pounds and under being 
brought into The Supream Court of this Colony to the Coun- 
cil for Concurrence which was read a first time and Ordered 
a Second reading. 

A Message from the House of Assembly Viz* 

Ordered that M r Lawrence M r Cooke M r Learning M r 
Mickle and M r Wood be a Committee to join a Committee of 
the Council to Inspect the Treasurers Accounts and also to 
Inspect and burn The Cancelled Bills and make report to the 
House and That M r Deacon and M r Hancock do inform the 
Council therewith and desire them to appoint a Committee 
for that Purpose. 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 407 

Order'd That M r Leonard M r Saltar and M r Ashfield be a 
Committee of this House to join the Committee of the House 
of Assembly to Inspect the Treasurers Accounts and also to 
Inspect and burn the Cancelled Bills and make Report to the 
House and that M r Ashfield do Acquaint the House of 
Assembly Therewith 

M r Ashfield reported that he had obeyed the above Order. 

The Bill Entituled An Act to explain part of An Act 
Entituled A Supplementary Act to the Act Entituled An Act 
to Prevent the killing of Deer out of Season &c was read a 
Second time and Committed to the Members of the House 
or any three of them. 

The House Continued till 

Thursday May 31 st 1753 
The House Met 

Present 
John Reading 
John Rodman 



The Hon bl 



Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



Esq r 



A Message from the House of Assembly Viz* 
Ordered That M r Hancock M r Fisher M r Lawrence M r 
Learning M r Ogden and M r Newbold be a Committee to Join 
a Committee of the Council on a free Conferrence to Consider 
the most effectual way to lay the Calamitious Scituation of 
the Province for want of a Paper Currency before His 
Majesty in order to obtain His Royal Assent for a New 
Emission of Bills of Credit in this Colony and That the 
Report of the Committee of This House and The Petitions 
on the Same be laid before them and that M r Holmes do 
acquaint the Council thereof and desire them to appoint a 
Committee for that Purpose and prefix time and place. 



408 NEW JERSEY COLONIAL DOCUMENTS. [1753 

The Bill Entituled An Act for Chusing overseers of the 
Highways was read a Second time and Committed to the 
Members of the House or any^Three of them 

The Bill Entituled An Act for the further Revival and 
Continuance of An Act Entituled An Act for the Releif of 
poor distressed Prisoners for debt was read a Second time and 
Ordered a Third reading. 

The Bill Entituled An Act to enable the Owners of the 
Meadows and Marshes Adjoining to and on both sides of 
Mannington Creek & was read a Second time and Ordered a 
Third reading. 

The Bill Entituled An Act for Continuing an Act Enti- 
tuled An Act to Prevent Actions of Fifteen pounds and 
under being brought into the Supream Court &c was read a 
Second time and Ordered a Third Reading 

M r Saltar from the Committee on The Bill Entituled An 
Act for Chusing Overseers of the Highways reported That 
they had made some Amendments to The said Bill which 
Amendments 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 Question 

Resolv'd that the said Bill with the Amendments do pass 

Ordered That M r Saltar 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 3 P : M 

The House Met 

Present 

John Reading ~) 
John Rodman 

TheHon- " drew ? ohnst n ' Esq" 
Thomas Leonard 

Richard Saltar 
Lewis Ashfield 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 409 

The Bill Entituled An Act for the further Revival and 
Continuance of An Act Entituled An Act for the Releif of 
poor distressed Prisoners for debt, was read a Third time and 
on Question 

Resolved that the said Bill do pass 

Ordered that the Speaker do Sign the Same 

Ordered that M r Saltar do Acquaint the house of Assem- 
bly therewith 

The Bill Entituled An Act to enable The Owners of the 
Meadows and Marshes Adjoining to and on both sides of 
Manington Creek &c was read a Third time and on 
Question 

Resolv'd That The same do pass 

Ordered The Speaker do Sign The same 

Ordered that M r Saltar do Acquaint the House of Assem- 
bly Therewith. 

The Bill Entituled An Act for Continuing An Act 
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 Question 

Resolv'd That the same do pass 

Ordered the Speaker do Sign the same 

Ordered that M r Saltar do Acquaint the House of Assem- 
bly therewith. 

The House Continued till 



Friday June 1 st 1753 

The House Met 

Present 



The Hon b1 ' 



John Reading 
John Rodman 
Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



Esq 1 



410 NEW JERSEY COLONIAL DOCUMENTS. [1753 

M r Saltar reported that he had obey'd the Orders of the 
House of yesterday 

The House Adjourned till 3 P : M 



The House Met 

Present 
John Heading 
John Rodman 



The Hon ble 



Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



> Esq r 



A Message from the House of Assembly Viz* 
Ordered that M r Fisher M r Wetherill M r Emley and M r 
Newbold do Carry the Bill Entituled An Act for the Support 
of Government and to discharge the Publick debts and the 
Arrearages and Contingent Charges thereof and for Setling of 
the Quotas in the Respective Counties and Levying of a 
Provincial Tax to the Council for Concurrence which was 
read a first time and Ordered a Second Reading. 
A Message from the House of Assembly Viz* 
Order'd that M r Newbold and M r Deacon do carry the 
Bill Entituled An Act to repeal an Act for the better Repair- 
ing and Amending The Publick Highways Roads Streets 
Wharf and Bridges within The Town of Burlington to the 
Council for Concurrence which was read a first time and 
Ordered a Second reading 
The House Continued till 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 411 

Tuesday June 5 th 1753. 
The House Met 

Present 

John Reading ^j 
John Rodman 

The Hon ble Andrew Johnston ]- Esq rs 
Richard Saltar 
Lewis Ashfield J 

A Message from the House of Assembly Viz* 

Order'd That M r Emley and M r Deacon do carry the Bill 
reingross'd with the Council's Amendment Entituled An Act 
for Chusing Overseers of the Highways and Acquaint them 
That this House have pass'd The same which^being read with 
the Amendments and Compared 

Order'd the Speaker do Sign the same 

The Bill Entituled An Act for the Support of Govern- 
ment & was read a Second time and Committed to the 
Members of the House or any Three of them. 

The Bill Entituled An Act to repeal An Act for the better 
Repairing and Amending The Publick Highways & was 
read a Second time and Order'd a Third Reading 

His Excellency came into Council and having by the D : 
Clerk of the Council Acquainted the House of Assembly 
that he was ready to receive their Address, they Attended 
and Delivered in the following Address 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of Nova Cseaarea or New Jersey and Territories Thereon 
depending in America Chancellor and Vice Admiral in the 
same. 

The Humble Address of the Representatives of said Prov- 
ince in General Assembly Met 



412 NEW JERSEY COLONIAL DOCUMENTS. [1753 

May it please your Excellency 

We His Majesty's most dutifull and Loyal Subjects the 
Representatives of the Colony of New Jersey in General 
Assembly Met beg leave to observe to your Excellency That 
we are well pleased your health is so farr established as to 
enable you to meet us at this place where of Course the 
Assembly ought to Sit according to Our present Constitution 
which being preserved inviolable will always be most agree- 
able to us and those we represent And in Conformity to what 
We said to your Excellency at Our last sitting respecting a 
Revisal of our Laws We have Since that taken the same into 
our further and most Serious Consideration and have likewise 
Consulted Our Constituents Thereon but do not find such 
revisal Necessary seeing That [it] hath been so Lately done with 
which His Majesty could not be Acquainted when The In- 
struction to your Excellency upon that head was Issued how- 
ever to put this Matter beyond a doubt we have Ordered a 
New Book Containing the Body of Our Laws as Revised to 
be Transmitted [to] the Lords Commissioners for Trade and 
Plantations whereby their Lordships will see our Laws are 
as well revised as can be expected from an Infant Colony 
which will in our Opinion induce them to believe nothing 
furthei upon this head is at Present Necessary to be done 
however We acknowledge with gratitude His Majesty's 
Paternal Care over us in This Respect and return your 
Excellency our Thanks for recommending it to our Mature 
Consideration. 

We are sorry to hear so often of the Riots and Tumults 
within this Colony and beg leave to assure your Excellency 
That this House have always looked upon those disorders 
with great abhorrence and must observe That several Perpe- 
trators of them have been Confined in Goal and Petitioned 
for such Tryals as by the Ordinary Course of Justice they 
esteemed themselves entituled to and the late House of Assem- 
bly on the 14 th of October 1749 applyed to your Excellency 
for Issuing a Special Commission for Trying those Petitioners 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 413 

which you did not see proper to Grant not thinking it as you 
was pleased to say, Consistant with the Honour of His 
Majesty's Government or The peace of the Province so to do 
As by your Message to that House of February 22 1749 
50 doth appear wherein you informed Them That the Gentle- 
men of His Majesty's Council were of Opinion such Com- 
mission might not be granted However the then House by 
Their Address of the 22 d of the same February appeared 
Different in Sentiment and intimated The Granting said 
Commission as a Matter of Importance towards Suppressing 
The Spirit of Tumult urging that Speedy Tryals for the 
Punishment of Vilany seldom failed of having a due Effect 
upon the minds of the Populace with which we at Present 
Concur for when Offenders are Speedily brought to Justice it 
must Certainly deter others from Committing the like 
Offences. But if suffered to escape with impunity it not 
only prompts them to persevere but also may Induce others 
to imitate their Evil practices through the hopes of Indul- 
gence now had the Commission been granted and the Persons 
who had Petitioned therefore been brought to Tryal and if 
found guilty received Punishment Adequate to their Crimes 
it might have greatly Conduced towards Suppressing this 
Spirit of Tumult as already Suggested nay perhaps it might 
have proved an Effectual Cure and we may further observe 
that your Excellency has neither acquainted us with nor 
have we been informed of any Riots being Committed (on 
the old Contests about Lands the principal Spring of all 
those disorders) since The Rescuing Simon Wycoff from out 
of Goal which you was pleas'd to tell us on last Winter at 
Elizabeth Town which fact was committed Thirteen Months 
past and Tho so long since Committed yet have we not hither 
to heard of any of the Persons concerned Therein being 
brought to Punishment nor do we understand That any 
Attempt has been made for trying them or any other of the 
Rioters which in our humble Opinion evidently implys a 
failure in The Persons appointed to put the Laws in Execu- 



414 NEW JERSEY COLONIAL DOCUMENTS. [1753 

tion not to be extinuated by any Pretence for the want of 
Law to Justify them in proceeding against those offenders for 
we Apprehend it will be granted the Laws now in being are 
Sufficient for that purpose and therefore We Think it advise- 
able for your Excellency to Press the Tryals of The Perpe- 
trators of those disorders upon the Officers entrusted with 
The Execution of the Laws, untill that be done and they 
exert themselves Therein we hope no further applycation will 
be made to us on this head neither did we esteem such apply- 
cation necessary at this time seeing the Colony is in a State 
of Tranquility for any thing We know and why this should 
be again recommended to us we cannot tell but are unwilling 
so much as to imagine it can be done with any View to stir 
up His Majesty's resentment against us with whom we would 
ever stand in The most favourable Light and We doubt not 
but his Royal Wisdom and Goodness will graciously incline 
him to Search out the true Cause of those Late unhappy dis- 
orders and if he finds them to be owing to matters of private 
property and a failure in the Execution of the Laws as we 
esteem the Case to be then will he not impute any blame to 
us or our posterity but both We and they must still stand 
Interested in his Royal favour. 

We have Carefully Inquired into what Laws are already 
Expired and near Expiring and among the rest do find the 
Militia act is one and have pass'd Bills for reviving and con- 
tinuing that and all others under The like Circumstances to 
which we pray your Excellency's Assent. 

We have made a Carefull and thorough Inquiry into the 
date of our paper Bills and find the currency of those 
emitted on Loan to the Inhabitants of this Colony expired 
between Man and Man the 25 th of March last O : S r 1 but are 
to be received by the Commissioners of the Loan Office and 
the Treasurers of the Respective Divisions of this Colony for 
Six Months thereafter in which time we have reasons to 
believe they will be paid in according to the tenor of the Laws 

*The New Style was introduced by England in 1752, by an act of Parliament 
passed in 1751. 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 415 

by which they were Issued and then a Currency will be com- 
pleatly paid in which hath been of Great Service to this 
Colony, maintained its Credit without fluctuation and The 
want of which will be but too Sencibly experienced. 

As the funds at first designed for sinking the Paper Bills 
(Struck on Loan to His Majesty and otherwise given to aid 
him in the Late warr) have principally failed, so we have 
Ordered a Bill to be brought in for Supplying their deficiency 
by raising a proper fund for sinking all those Bills whereby 
the Possessors thereof will see they are in no danger of loss 
therein which may give life to their Currency untill the time 
of their being sunk but as the Colony is now greatly involved 
in debt upon Account of the late Warr The paper Currency 
heretofore Emitted on Loan to the Inhabitants thereof is 
already expired the Interest of which for a long Series of 
time Discharged the Provincial Taxes and Seeing no Solid 
dependence can be placed on The Foreign Specie That being 
so lyable to be drawn hence for making remittances to Brittain 
and as The Inhabitants of the Colony are daily praying for 
another Emission of paper currency who have the truest 
Sence of their own wants so under all those exigencies it is 
absolutely necessary not only for Our Relief in The Premisses 
and for granting the prayers of the people but also for the 
future Support of the Government that such emission should 
be granted and therefore we shall not doubt your Excel- 
lency's best endeavours for obtaining it. 

We have passed a Bill for Support of Government and 
supply of the Treasury wherein we hope all Concerned will 
believe we have Acted according to the good rules of reason 
and Justice. 

We readily confess the General Interest of the Colony and 
that of our private affairs naturally press us to the speediest 
dispatch in all such things that have or shall Come before us 
This Session and to the end The same may be short and 
beneficial we on our part not only have endeavoured but shall 
endeavour to promote the best Candour and Harmony hoping 



416 NEW JERSEY COLONIAL DOCUMENTS. [1753 

the other branches of the Legislature will Concur with us 
therein. 

Several of the Members of By Order of the House 
this House being of the people CHARLES READ Speaker 
called Quakers concurr to the 
Matter and Substance of this 
Address but make their usual 
Exceptions to the Stile 

M r Ashfield from the Committee on the Bill Entituled An 
Act to repeal and Explain part of An Act Entituled a Sup- 
plementary Act to the Act Entituled An Act to prevent the 
Killing of Deer out of Season &c Reported that They had 
made some Amendments to said Bill which Amendments 
were read in Their place and Agreed to by the House 

Ordered that M r Ashfield do Carry the said Bill with the 
Amendments made thereto by this House to the House of 
Assembly for Concurrence. 

The Council taking into Consideration the Message from 
the Assembly of Thursday last, requesting a free Conferrence 
with a Committee of this House have appointed M r Rodman 
M r Johnston and M r Saltar [to] be a Committee of this 
House to join the Committee of the House of Assembly for 
that Purpose and that 4 O'clock this afternoon at the House 
of Jonathan Thomas be the time and place of meeting and 
That M r Ashfield do Acquaint the House of Assembly there- 
with 

The House Adjourn'd till 3 P : M 

The House Met 

Present 

John Reading "^ 
John Rodman 

The Hon ble Andrew Johnston }> Esq rs 
Richard Saltar . j 
Lewis Ashfield J 



1753] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



417 



M r Johnston from the Committee on the Bill Entituled An 
Act for the Support of Government &c Keported the said Bill 
without any Amendment 

Ordered that the said Bill be read a Third time which was 
read and on Question 

Resolv'd that the same do pass 

Order'd that the Speaker do Sign the same 

Ordered that M r Ashfield do Acquaint the House of Assem- 
bly therewith 

A Message from the House of Assembly T^iz* 

Order'd that M r Deacon M r Newbold M r Ogden and M r 
Holmes do carry the Bill Entituled an Act for Levying a 
Fund at Different Periods by Provincial Taxes for sinking 
the Sum of Fifteen Thousand three Hundred and two pounds 
and four-pence now outstanding in Bills of Credit made 
Current for His Majesty 's Service in the Late war for Con- 
currence which was read a first time and Order'd a Second 
reading 

The House Continued till 



TheHon* 



Wednesday June 6 th 1753 
The House Met 



Present 
John Reading 
John Rodman 
Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



M r Rodman from the Committee of this House Reported 
that they had met the Committee of the House of Assembly 
on a free Conferrence as was requested and that upon reading 
and Considering the Several Petitions laid before them Con- 

27 



418 NEW JERSEY COLONIAL DOCUMENTS. [1753 

cerning a new Emission of Bills of Credit, did not (at this 
time) think it Convenient to join in an address to His Ma- 
jesty for Leave to pass An Act for that purpose. 

A Message from the House of assembly Viz* 

Ordered that M r Mott and M r Emley do carry the Bill 
Entituled an Act for Errecting the upper parts of Morris 
County in New Jersey into a Seperate County to be called 
The County of Sussex and for Building a Court House and 
Goal in each of the said Counties to the Council for Con- 
currence which* was read a first time and Ordered a Second 
Reading 

The Bill Entituled An Act to repeal an Act to repeal An 
Act for the better repairing and Amending the Publick 
Highways &c was read a Third time and on Question 

Resolv'd that the same do pass 

Ordered that the Speaker do Sign the same 

Ordered that M r Ashfield do Acquaint the House of Assem- 
bly therewith. 

A Message from The House of Assembly Viz* 

Ordered that M r Van Coost 1 and M r Deacon do carry the 
Bill reingross'd with the Councils Amendments Entituled An 
Act to repeal and explain part of An Act Entituled a Sup- 
plementary Act to the Act entituled An Act to Prevent the 
Killing of Deer out of Season &c to the Council and Acquaint 
them that this House have passed the same which being read 
with the Amendments and Compared 

Ordered that the Speaker do Sign the same 

The Bill Entituled An Act for Levying a fund at differ- 
ent periods &c was read a Second time and Committed to the 
Members of the House or any three of them. 

M r Ashfield Reported That he had Obey'd the Orders of 
the House of yesterday and to day. 

The House Adjourned till 3 P : M 

1 Van Vorst. 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 419 



The House Met 

Present 
John Reading 
John Eodman 
The Hon ble Andrew Johnston 



Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



> Esq" 



The Bill Entituled An Act for Erecting the upper parts 
of Morris County in New Jersey into a Separate County was 
read a Second time and Committed to the Members of the 
House or any three of them. 

The House Continued till 



Thursday June 7 th 1753 
The House Met 

Present 

John Reading ^| 
John Rodman 
Andrew Johnston I 
TheHon bl Thomas Leonard f j 
Richard Saltar 
Lewis Ashfield 

M r Johnston from the Committee on the Bill Entituled 
An Act for Levying a fund at different periods &c Reported 
the same without any Amendments Ordered the same be 
read a Third time which was read and on Question 

Resolv'd that the same do pass 

Ordered that the Speaker do Sign the same 

Ordered that M r Leonard do Acquaint the House of Assem- 
bly therewith. 

M r Leonard from the Committee on the Bill Entituled An 



420 NEW JERSEY COLONIAL DOCUMENTS. [1753 

Act for Erecting the upper parts of Morris County into a 
Separate County Reported the same without any amendments. 
Ordered the same be read a Third time, which was read and 
on Question, 

Resolved that the same do pass 

Ordered that the Speaker do Sign the same 

Ordered that M r Leonard do Acquaint the House of Assem- 
bly therewith 

M r Leonard reported that he had obeyed the Orders of the 
House. 

The House Continued till 



Fry day June 8 th 1753 
The House Met 

Present 
John Reading 
John Rodman 

Andrew Johnston 
TheHon* 



Thomas 

Richard Saltar 
Lewis Ashfield 

M 1 Ashfield from The Committees appointed to Inspect 
the Treasurer's Accounts and to Inspect and Burn the Can- 
cell'd Bills reported the same as follows. 

D r Andrew Johnston Esq r Treasurer of the Eastern C r 
Division of the Province of New Jersey. 

P r Contra 

To the following Arrears as By 2 Difficiencies still 
they were reported in 1744 outstanding in Middle- 

&1747 sex ............................... 43 ,,18,, 5i 

MiridiP<?<vr is is R4 By Sundry Difficiencies 

Ditto in 1730 ....... 25 " - " - in The interest Money 

Ditto in 1730 ........ 26 gtm outstandin ^ by 

-- 43 ,,18,, 5J Reports in 1744 & 1747 

Somerset now paid in ........... 18,, 3,, Bergen ........... 21,, 4,, 9J 

To Sundry Arrears in the In- Essex ............ 72,, 6,, 5f 

terest money as "& reports Middlesex ...... 38 ,,12,, 7j 

in 1744 & 1747 --- 132 ,, 8 10J 



JOURNAL OP THE PROVINCIAL COUNCIL. 



1753] 



Bergen 21,, 4,, 9J 

Essex .... 72 6 53 

Middlesex.' 38 ,,12,, 7J 

132,, 

Ballance as $ Report in 1747..4777 ,, 
BallarKe for Arming and 

Cloathing as $ Do report... 945 
Interest Arising from the 
20,000 & 40,000 emissions 

in 1748 

Bergen Ill ,,12,, 9 

Essex . 186 ,,19,, 9 

Middlesex 156,, ft,, 3 

Monmouth 235 ,,15,, 6 

Somerset 50,, 7 ,, 6 



421 



741,, ,, 9 



1749-Bergen 80 ,,18,, 6 

Essex 185 ,,19,, 

Middlesex...ll3 M 3,, 6 
Monmouth.172 3, ,10 
Somerset 35, ,15., 



On the ' 40,000 
Emission, the 
20000 being 
Expired in 1749 

1750-Bergen 62,, 8,, 

Essex 104 ,, 12 

Middlesex... 86,, 8,, 
Monmouth.,132 1,, 
Somerset 28,, ,, 

1751-Bergen 41,,18,, 6 

Essex 70 ,,11,, 6 

Middlesex... 57 ,,13,, 6 
Monmouth.. 89 ,, 13 ,, 8 
Somerset 18 5 ,, 

1752 & 1753- 

Bergen 22,, 8,, 6 

Essex 39,, 1,, 6 

Middlesex... 29,, 3,, 6 
Monmouth.. 52 2 3 
Somerset 7,, 5,, 

To Monies pay- 
able the 10th of 
June 1752 on 
the 6000 Tax 
from 

Bergen 395 7 10| 

Essex 467,, 2 9| 

Middlesex 543 ,,16,, 3^ 

Monmouth 788 ,,12,, | 

Somerset 669 18 6^ 

Payable on the 
21st of Novem- 
ber 1752 in the 
2000 Tax from 

Bergen 131 15 11 

Essex 155 14 3| 

Middlesex 131,, 5,, 5 

Monmouth 262 ,, 17 ,, 4| 

Somerset 223,, 6,, 2 



537 19 10i 



413,, 



150,, , 



-2864, ,17,, 6 



954 ,,19,, If 
11858,, 8,, Of 



1749 The sum of 8,,2,,6 

lay in the hands of the 

Commrs of Middlesex 

for want of Borrowers 

by which there's a De- 

ficiency in the Interest 

of. ................................ - 8,, li 

By Sundry Vouchers Ex- 

amined allowed and 

endorsed by the Com- 

mittees Octor 5th 1750 

& Octor 4th 1751, 

amounting to ............. ..6837 ,, 15 ,, 6 

By Sundry Vouchers Ex- 

amined allowed and 

endorsed by The Com- 

mittees May 30th 1753 

amounting to ............... 3793,, 4,, 2 

By two Deficiences out- 

standing of the Interest 

of the 40000 Vizt ......... 

Somerset ......... 73 14 



By a Deficiency of 
Annum for three Years 
Vizt 1750, 1761 & 1752 
Occasioned by a miscal- 
culation in the County 
of Bergen ..................... 

By Ballance due to the 
Colony 




11858,, 8,, OJ 

By Order of the Committees 
LEWIS M. ASHFIELD 
AARON LEAMING 



422 



NEW JEKSEY COLONIAL DOCUMENTS. 



[1753 



D r John Allen Esq r late Treasurer of the Western Divi- C r 
sion of the Colony of New Jersey 



P r Contra 



To Arrears in Bur- 
lington as the 
same was reported 
in 1747 18.,, 18 ,,11 

To 2 Deficiencies in 
the Interest of the 
first 40,000 as re- 
ported in 1747 Vizt 

Burlington.lS 7 2J 



Cape May... 



13 ,,11 ,,10 



To the Ballance Re- 
ported Anno 1747 
to be in said Treas- 
urers hands 

To money's receiv'd 
of the Western 
Commissioners for 
Arming &c The 
forces being the 
Sum reported in 
their hands at last 
Settlement 

To Interest arising 
from the 20,000 
and 40,000 Emis- 
sions and payable 
in the Years 1748, 
1749, & 1750 from 
the following 
Counties Vizt 

from Hunterdon 220 , 

Burlington 388 , 

Gloucester 264, 

Salem 454 



Cape May ........ 90,, 9,, 



To Money's received 
of the Western 
Commissioners for 
Victualing The 
forces Reported at 
last Settlement to 
be in their hands... 

To Money's received 
of the Western 
Commissioners for 
Arming and 
Cloathing the 
forces being the 
Sum reportea to be 
in their hand 



32,,-,, 9 



2176 ,,19,, 8 



171 ,,19,, 6 



5,, 
6,, 3 
9,, 4 
3,, 3 



7 ,, 1 5 



182 ,,18,,- 
3938 12 2J 



32,,-,, 9 



By the Arrears and Defi- 
ciencies said to be due 
from Burlington & 
Cape May as f*r the Dr 
Side. Amounting to... 

Deficiencies on the Inter- 
est of the 20000 & 
40000 Emissions in the 
years 1748. 1749 & 1750 
due from the following 
Counties Vizt 

Gloucester 13,, 6,, 1 

Salem said to 

Mr Smith..?!!! ! 
Cape May said 
to be paid to 
Mr Smith.... 22,, 4,, 



146 ,,11,, 1 
By Sundry Warrants & 

Certificates as Exam- 
ined and Accounted 

for in October 1750 

Amounting to 3727 11,, 6 

By an Allowance of 

5, ,14 ,,8 being the 

Interest of 114 ,,13 ,,10 

which lay in the hands 

of the Burlington loan 

Officers Anno 1746 for 

want of Borrowers 5 ,,14,, 8 

NB the truth of this 
Article we recommend 
to the House further 
to Consider it not ap- 
pearing Clear to us 

Ballance due to the Col- 
ony 26 ,,14,, 2 



3938 ,,12,, 2i 



By Order of the Committees 
LEWIS M. ASHFIELD 
AARON LEAMING 



1753] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



D r Samuel Smith Esq r Treasurer of the Western Divi- 
sion of the Province of New Jersey 



423 
C* 



P r Contra 



To Arrearages in Bur- 
lington County as 
the same was re- 
ported in the years 
1744 & 1747 18 ,,18 ,,11 

To Deficiencies in the 
Interest of the first 
40000 as the same 
was reported in 
1744 &c 

Burlington..l3 7 2 

Cape May... 4 ,,72 

~ 13 ..11 ,,10 

To Deficiencies in the 

Interest in 1750 that 

ought to have been 

paid to Mr Allen 

Viz 

Hunterdon 0,, 6,, 6 

Gloucester 13,, 6,, 1 

Salem Ill 1 

Cape May 22,, 4,, 



,-,, 9 



To Interest Arising 
from the 40000 
Emission 

Burlington 64, 

Gloucester 43, 



146 ,,16,, 7 



1751 



1752 



1753 



Salem .. 



75, 



Cape May 14 8 

Burlington 1 35 ,,10,, 



Burlington .. 
Gloucester .. 

Salem 

Cape May 



Hunterdon 15 10 




8,, 3 



To Cash of Mr. Clay- 
ton being one Moi- 
ety of the forfeiture 
of a Pedlar 

By Law for Support 
of Government 
there is made pay- 
able from the fol- 
lowing counties in 
the 6000 Tax on 
June 10th 1752 

1 Hunterdon ? 



120 ,,18,, 3 



1..10,,- 



By Deficiencies in 

Burlington and 

one in Cape 

May as ^ Dr 

Side 

By a deficiency 

Arising in the 

Interest from 

Gloucester 

County in 1750 

that ought to 

hav^ been paid 

to Mr Allen 

By Cash paid Dr 

Hall for 2 Pen- 

sylrania Law 

Books 

By Sundry 

Vouchers Ex- 
amined Al- 
lowed and En- 
dorsed by tho 

Committees 

May 31, 1753 

Amounting in 

the whole to 

By Several Defi- 
ciencies in the 

Interest Arising 

in 1752 & 1753 

Cape May... 1,,- 
Burlington, 2,, 7 
Gloucester.. ,, 8 
Salem 3,, 



32,,-, 



13,, 6,, 1 



,, 6 



4468 ,,11 ,,11 



By a Deficiency 

in Hunterdon 

in the 6000 Tax 

June 10th 1752.. 6 
Do in Burlington 

in the 2000 

Trfx Novr 21, 

1752 2 ,,12,, 4 

By a Deficiency 
in Hunterdon 
in 1750 charged 
on the Dr Side 
Thro* mistake 
there being no 
such Deficiency 



6 ,,16,, 9 



,, 4 



5,, 6 



424 



NEW JERSEY COLONIAL DOCUMENTS. 



from Burlington 750 ,, 2 , 

Gloucester 469 1 , 

Salem 419,, 2, 

Cape May 100,, 5, 

Hunterdon 850 13 , 

Morris 333,, 7, 

Cumberland 212 10 , 



3135,, 2,, 4f 

Burlington 250 9 

Gloucester 156,, 7,, 2f 

Salem 139 ,,14,, 2 

Cape May 33 8 5| 

Hunterdon 283 ,,11,, | 

Morris Ill,, 2,, 6| 

Cumberland 70 16 ,, 9 



To Ballance due from 
the Executors of 
Treasurer Allen as 
^report of this Ses- 
sion 



1045,, lOf 



26 ,,14,, 



By Ballance due 
from the Exec- 
utors of Treas- 
urer Allen as ^ 
Report of this 
Session 

By Ballance due 
to the Colony... 



[1753 




4740 ,,11,, 



4740,, 11,, 3| 



By Order of the Committees 

LEWIS M: ASHFIELD 
AAEON LEAMING 

And The said Committees being also Orderd to Inspect 
and Barn the Cancelld Bills of Credit do further Report that 
there ought to have been sunk on the 20,000 & 40,000 
Emissions in 1748, 1749, 1750, 1751, 1752 & 1753 the fol- 
lowing sums in the following Counties Viz 



Burlington....on the 20000308 15 ,, for 2 yrs 617 10 

Ditto on the 40000617 10 for 6 yrs 3705 

Gloucester ....on the 20000 214,, 7,, 6 for 2 yrs 428 ,,15,, 

on the 40000428,, 15 for 6 yrs 2572 10 



Salem on the 20000360 , 

on the 40000720 , 



10,, for 6 yrs 



4322 ,,10,, 



5 for 2 yrs 720 



3001,, 5,, 



.4323,, 0,, 



a Deficiency as $ Report in 1747 1081,, 6,, 6 



Cape May on the 20300 78 for 2 yrs 

on the 40000156 for 6 yrs 



156,, ,, 



6124 ,,16,, 6 



Hunterdon...on the 20000185 for 2 yrs 370 ,, 

on the 40000370 ,, for 6 yrs 2220 

a Deficiency reported in 1747 2,, 7,, 



1092 - - 



2592,, 7,, 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 425 

And The Committees do further Report that M" Allen 
Widow of the late Treasurer Allen and Samuel Smith Esq r 
the Present Western Treasurer laid before the said Com- 
mittees The Several Sums following which were Cancelled in 
the Western Counties and which said sums the said Com- 
mittees destroyed by Burning 

Burlington... .by Mrs Allen's Bundle Containing 926 ,, 5 ., 

Ditto by Mr Smith 3 Bundles Con.. 2047 7 

2973 12 

Gloucester... .by Mrs Allen^S Bundles 1514 19 ,, 9 

Ditto by Mr Smith 2 Bundles 857 10 

2372,, 9,, 9 

Salem by Mrs Allen 3 Bundles 2161 ,, 19 

Ditto by Mr Smith 6 Bundles 2591,, ,, 6 

4752 19 6 

Cape May by Mrs Allen 8 Bundles 624 

Ditto by Mr Smith 2 Bundles 312 

936,,-,,- 

Hunterdon ...by Mrs Allen 3 Bundles 546 ,. 11 6 

Ditto by Mr Smith 10 Bundles 1900 ,,17,, 6 

2447,, 9,,- 

By which it appears that in the aforesaid Six years 

Burlington ought to have Cancell'd 4322 ,, 10 ,, 

They have Cancell'd 2973 12 

Burlington have not Cancell'd their Quotas by 1388 18 ,, 



But it appears from the said Treasurers Accounts 
that he has received of Robert Smith Esq r one 
of the Commissioners in Bills of Credit not 
Cancelled 

one sum of. 20 , 

and another Ditto of. 93 17 , 



113 ,,18,, 

Which the Committees are of Opinion ought to be 
allowed when the Same is Cancelled according 
to Law. By which it appears that the whole 
Deficiency of Payment in Burlington is 

the sum of. 1235,, ,, 

being the Sums that ought to have been sunk in 
1752 & 1753 

Gloucester ought to have Cancelled 3001 5 

They have Cancell'd 2372,, 9,, 9 

So that Gloucester is deficient the sum of. 628 15 3 

Salem ought to have Cancell'd 6124 16 ,, 6 

They have Cancelled 4752 19 ,, 6 

So that Salem is Deficient the Sum of. 1371 17 



426 NEW JERSEY COLONIAL DOCUMENTS. [1753 

Cape May ought to have Cancelled 1092 

They have Cancelled 986,, ,, 

So that Cape May is deficient their Quota for 1753 being... 156 

Hunterdon ...ought to have Cancelled 2592,, 7,, 

They have Cancell'd 2447,, 9,, 

So that these Committees thinkiHunterdon 

is deficient 144 18 

But the Hon ble John Reading Esq r being a Commissioner 
of the said County declared that it is his Opinion that there 
is a Mistake in this Calculation but as his Vouchers are not 
here he desires leave to make the Same appear next Session. 

And these Committees do further Report, it is their 
Opinion that if the above mentioned Old Deficiencies out- 
standing in the Counties of Middlesex Bergen Essex Bur- 
lington & Cape May are not fully discharged by the next 
Meeting of General Assembly it will be Advisable, that 
Prosecutions be imediately Carried on against the Delinquents, 
Or, that some Law be provided for raising the General Sums 
on the respective Counties so Deficient 

Burlington By Order of the Committees 

June 8 th 1753 LEWIS M : ASHFIELD 

AARON LEAMING 

His Excellency came into Council and having by the 
Deputy Clerk of the Council commanded the Attendance 
of the House of Assembly They Attended when His Excel- 
lency was pleased to give His assent to the following Bills Viz* 

1 An Act for the Support of Government of His Majesty's 
Colony of New Jersey to Commence the 21 Bfc day of Novem- 
ber 1752 and to end the 21 st day of May 1754 and to dis- 
charge the Publick debts and the Arrearages and Contingent 
charges thereof and for Setling of the Quotas and Respective 
Counties and Levying of a Provincial Tax, 

2 d An Act for Levying a Fund at different periods by 
Provincial Taxes for sinking the Sum of Fifteen thousand 
three hundred and two pounds and four pence now outstand- 
ing in Bilte of Credit made Current for His Majesty's Service 
in the Late Warr. 



1753] JOURNAL OF THE PROVINCIAL COUNCIL. 427 

3 d An Act for further Continuing An Act Entituled An Act 
for better Setling and Regulating the Militia of this Colony 
of New Jersey for the Repelling Invasions and Suppressing 
Insurrections and Rebellions pass'd in the Nineteenth year of 
This present Majesty's Reign. 

4 th An Act to repeal and explain part of an Act Entituled 
a Supplementary Act to the Act Entituled An Act to prevent 
the Killing of Deer out of Season and against Carrying Guns 
and Hunting by Persons not Qualified. 

5 An Act for Chusing Overseers of the Highways. 

6 An Act for the further Revival and Continuing of An 
Act Entituled An Act for the Relief of poor distressed 
Prisoners for debt. 

7 An Act for Continuing An Act Entituled An Act to pre- 
vent Actions of fifteen pounds and under being brought into 
the Supream Court of this Colony 

8 An Act to repeal An Act for the better Repairing and 
amending The Publick Highways, Roads, Streets, Wharf and 
Bridges within The Town of Burlington 

9 An Act for Erecting the upper parts of Morris County 
in New Jersey into a Separate County to be called the County 
of Sussex and for building a Court house and Goal in each 
of the said Counties, 

10 An Act Entituled a Supplementary Act to the Act 
Entituled An Act to enable The Owners of the Meadows and 
Marshes belonging to the Town of Salem to keep out the 
Tide from over flowing the same 

11 An Act to Enable the Owners of the Meadows and 
Marshes adjoining to and on both sides of Manington Creek 
to stop out the Tide from overflowing the same 

Then His Excellency was pleased to make the following 
Speech 

Gentlemen of the General Assembly 

Upon what You have said to me in your Address brought 
me The 5 th Instant I think proper to observe to you, that 
upon a Carefull Examination, you will find your Constitu- 



428 NEW JERSEY COLONIAL DOCUMENTS. [1753 

tion is wholly built upon the wise foundation of His Majesty's 
Royal Commission, and His Collaterall Orders to His Gov- 
ernors and while I am Acting with Duty and Obedience 
to those I am sure of my Royal Masters Approbation, nor 
can I doubt but that I shall have your Reasonable Plaudit 
also, in so Conducting my Administration, and while I say, I 
have thus done as to the following Articles. 

" Of my calling You the last winter to Elizabeth Town 
" My laying before you His Majesty's Instructions about a 
"Revisal of your Laws and My Pressing upon you the 
"making some more Effectual Law for Strengthening and 
"Guarding the Kings Goals and for the Suppressing any 
" Riots or Tumults in this province for the future 

I hope it will be a Satisfactory Answer to you, relating to 
what you have said to me on those heads ; and time must 
Discover who will have had the most Tender and Paternal 
Regard to this people, by endeavouring to set them in the 
most favourable Light to His Majesty and thereby to Pro- 
cure the best establishment of the Government and the future 
well being and happiness of the people which have been my 
greatest Care and Solicitude from my first Arrival among 
you 

I am glad to See you have gone thro' the Public Affairs of 
the province with so much Diligence and Dispatch, and that 
so good an Agreement has Subsisted between His Majesty's 
Council and your House, in passing The Several Bills that 
have been laid before me and to which I have given my 
Assent 

And now I wish you well to your Several Places of Abode 
and much Prosperity in your Domestick Affairs ; and I hope 
you will in your Different Stations, be promoting peace and 
good Order in The Province to the utmost of your power, 

J. BELCHER 

Burlington June 8 th 1753. 

After which he Prorogued the General Assembly till the 
10 th day of July next, then to meet at Perth Amboy. 



1753] 



JOURNAL OF GOVERNOR AND COUNCIL. 



429 



Compared with the Original Minutes of the Council of the 
Province of New Jersey of which this is a true Copy 

CHA READ D Secr y 



At a Council held at Burlington on Thursday the Seventh 

day of June 1753 

Present 
His Excellency Jonathan Belcher Esq r Governor 



The Hon ble 



John Reading 
John Rodman 
Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



Esq r 



His Excellency laid before the Board a patent for Incor- 
porating the Dutch Reformed Churches of Rariton, Ten 
Mile, Run, and Millstone which was read and the Council 
Advised His Excellency to Grant the Same 

The Governor also laid before the Board a patent to M 
Ann Pidgeon for a ferry over the River Delaware at a Certain 
place or Creeks Mouth falling into the said River Delaware 
called and known by the Indian Name Nethasackaway 1 being 
in the Lands and Plantation of her the said Ann Pidgeon 
Scituate in Kingwood in the County of Hunterdon and so 
along the Shore half a Mile above and half a Mile below The 
said Creeks Mouth to which The Council Assented 

The Governor also laid before the Board a Patent for the 
Incorporation of the first Presbiterean Church at Newark 
which was read and Agreed to 

His Excellency Nominated Robert Smith Esq r as a Judge 
of the County of Burlington 

Also Nominated Joseph Noble Robert Lettice Hooper, 
John Abbot, Abram Huelings & Joshua Bisphan to be 
Justices of the County of Burlington M r Hooper and Joseph 
Noble to be Justices of the Quorum 

1 Nischisakawick. 



430 NEW JERSEY COLONIAL DOCUMENTS. [1753 

William Forster Esq* to be Added to the Quorum in Bur- 
lington County. 

John Brick to be a Judge in Cumberland 

John Little a Justice in Monmouth 

Michael Fisher to be a Judge in Gloucester 

Robert Lane of the Quorum in Gloucester 

Joseph Applyn a Justice in Gloucester 

Caleb Crane to be a Justice in Essex. 

His Excellency Nominated the following Persons to be 
Judges and Justices in Cape May 

Henry Young Esq* William Smith, Nathaniel Forster, 
John Willits and Richard Still will Judges & of the Quorum. 

Ebenezer Swain, Thomas Learning, James Whillden, John 
Townsend Daniel Norton, Richard Smith, Jeremiah Learning, 
Jeremiah Hand S r & Elijah Hughes Justices. 

Joseph Morrow to be a Justice in Middlesex to all which 
the Council agreed. 

His Excellency spoke to the Council as follows 

Gentlemen of His Majesty's Council 

You are Sensible that two of the most Notorious Ring- 
leaders, of the late Riots in this Province have been Appre- 
hended and Committed to Goal, from thence they have been 
Admitted to Bail. 

As in Duty to His Majesty's Royal Orders I am Obliged 
to take your Advice in such things that may tend to the peace 
and welfare of the People of this province, I now ask of you 
whether an Order should not imediately Issue to the Judges 
of the Supream Court of the Province, and to His Majesty's 
Attorney General, for a Speedy Prosecution of the Criminals 
above mentioned for in this Matter I Shall wholly Govern 
myself by your Advice 

J. BELCHER 

Burlington June 7 th 1753 



1753] 



JOURNAL OF GOVERNOR AND COUNCIL. 



431 



At a Council held at Burlington in His Majesty's Province 
of New Jersey on Fryday the Eighth day of June 1753 

Present 
His Excellency Jonathan Belcher Esq r Governor 



The Hon ble 



John Reading 
John Rodman 
Andrew Johnston 
Thomas Leonard 
Richard Saltar 
Lewis Ashfield 



Esq" 



The Council gave the following Answer to His Excellency's 
Speech of Yesterday. 

May it Please your Excellency 

We His Majesty's Council in Answer to your Excellencys 
Speech of Yesterday, beg leave to Observe That as there is 
not at Present so full a Council in Town as we could wish, 
and as the next Quarterly Meeting of the Council is near at 
hand and will be held in The Eastern Division of the Prov- 
ince where the Riots were Cheifly Committed, We therefore 
think it most Convenient to postpone Our final Answer to 
your Excellency's Speech untill that time That We may 
thereby be enabled to make Proper Inquiry and furnish Our 
Selves with Reasons to Support Our Advice and more 
especially as the peace and Welfare of the Province may 
much depend thereon 

By Order of the House 

JOHN READING 

Burlington June 8 th 1753 

His Excellency by Advice of Council Sign'd the following 
Warrants 

N 227 To himself or Order for a Quarters 
Salary due the 21" of February 
1753 250,, ,, 



432 NEW JERSEY COLONIAL DOCUMENTS. [1753 

228 To himself or Order for a Quarters 

Salary due the 21 at of May 1753... 250 

229 To himself or Order for a Quarters 

House Kent due the 21 8t of February 



15,,-,,- 



230 To himself or Order for a Quarters 

House Rent due the 21 st of May 

1753 ...................................... 15,,-,,- 

231 To Samuel Nevill Eeq r or Order for 

half a years Salary as Second Judge 
of the Supream Court due the 21 8fc 
of May 1753 ........................... 12,,10,, 

232 To Charles Read Esq r or Order for 

half a years Salary as third Judge 
of the Supream Court due the 21 st 
May 1753 .............. ', ................ 12,, 10,, 

233 To Joseph Warrell Esq r or Order for 

half a years Salary as Attorney 
General of this Province due the 
21" May 1753 ..................... ..... 15,, ,, 

234 To Samuel Smith Esq p or Order 'for 

half a Years Salary as one of the 
Treasurers of this Province due the 
21 Bt May 1753 .......................... 20,,- 

235 To Andrew Johnston Esq r or Order 

for half a Years Salary as one of 
the Treasurers of this Province due 
The 21 st May 1753 ...... * ............ 20,, ,, 

236 To Charles Read Esq r or Order for 

half a Years Salary as Clerk of the 
Council of this Province due the 
21 st May 1753 .......................... 15,, ,, 

237 To John Smith Esq r or Order for half 

a years Salary as Clerk of the Cir- 
cuits of this Province due The 21 Bt 
May 1753 ........ , ..................... 10,, ,, 






1754] JOURNAL OF GOVERNOR AND COUNCIL. 433 

238 To AnthoDy Elton or Order for half 
a years Salary as Door Keeper of 
the Council due the 21 May 1753.. 5 

Compared with the Original Minutes of the Council of 
the Province of New Jersey of which this- is a true Copy 

CHA READ D Secr^ 



At a Council held at Elizabeth Town in New Jersey on 
Thursday the 7 th day of February 1764. 

Present 
His Excellency Jonathan Belcher Esq r Governour &c. 

The Honourable James Alexander ^ 
Andrew Johnston 
Peter Kemble B( f 

David Ogden 

His Excellency made a Speech to the Council and is as 
follows 

Gentlemen of the Council. 

Although one of our stated Quarterly Meetings is near at 
hand, and that I have directed the Secretary to give season- 
able Notice, to Every Member of the Council, not to fail of 
meeting me, at that Time (21 st Instant) in Order to Lay 
many Affairs before them, for his Majesty's Honour, and 
Service, and for the Welfare of this Province ; Yet as I have 
Lately rec d divers accounts of a most Notorious Riot, Com- 
mitted the Beginning of the Last Month in the County of 
Hunterdon, I have thought it Necessary to see You at this 
Time, and have order'd the Secretary to Lay before You, The 
several Papers I have received in this matter which being re'd, 
and maturely Considered by you I shall be glad of Your 
Advice, to know what may be most proper & necessary for 
the Governour, and Council to Do, in this Difficult Con- 
juncture, in the better Support of his Majesty's Authority, 



434 NEW JERSEY COLONIAL DOCUMENTS. [1754 

and for preserving the peace of the Province : For if such 
Notorious Offenders are past by, by the Supream Government 
of the Province, Unnoticed it must Soon Introduce Anarchy, 
with all its Fatal Consequences. 

Elizabeth Town J BELCHER 

February 7 th 1754 



After which his Excellency Laid before the Board a 
Number of Letters Affidavits &c. relating to a Riot Lately 
Committed in the County of Hunterdon and which Being 
Considerd by them they advise that the said affidavits be 
Laid before y e attorney General by the Secretary and that a 
Proclamation do issue which is agreed to and is as follows. 

By his Excellency, Jonathan Belcher, Esq r Captain Gen- 
eral Governour and Commander in Chief, in and Over his 
Majesty's Province of Nova Casaria or New Jersey, and 
Territories thereon depending in America Chancellor, And 
Vice Admiral in the same, &c. 

A Proclamation. 

Whereas it has appeared this Day to me, and the Council 
of This Province, That on the Eighth Day of January last a 
most Notorious Riot was Committed on the Tract of Land 
called the Society in the County of Hunterdon near the Iron 
Works called Union belonging to Messieurs Allen and Turner, 
of Philadelphia, I have therefore thought fit, by and with 
the Advice of his Majesty's Council of this Province, to 
Issue this Proclamation, thereby strictly Commanding all the 
Magistrates of the said County of Hunterdon diligently to 
Enquire and Discover the Persons Guilty of the said Riot 
and bring them to Condign Punishment, by due Course of 
Law; and all Officers, Magisterial and Ministerial, in the 
said County of Hunterdon are hereby strictly Charged and 
Commanded in their several Stations to be diligent in pre- 
venting and Suppressing any Riots in the said County of 









1754] JOURNAL OF GOVERNOR AND COUNCIL. 435 

Hunterdon for the future ; And all his Majesty's Subjects of 
the said County are hereby strictly Charged and commanded 
to be aiding and assisting to the said Officers in the Execution 
of their Duty. 

Given under my Hand and Seal at Arms, at Elizabeth 
Town, the Seventh day of February in the Twenty Seventh 
Year of the Reign of our Sovereign Lord George the Second 
by the Grace of God of Great Britain, France and Ireland, 
King Defender of the Faith & And in the Year of our Lord 
One Thousand seven hundred and Fifty Four 

J. BELCHER 
By his Excellency's Command 

CHARLES READ Seer 7 
God save the King 

The Governour also Communicated to the Council a Letter, 
he rec d from the Hono ble James Alexander Esq r dated February 
2 d 1754 in the Following Words 

May it Please Your Excellency 

As by my Letter of December 14 th Last, I acquainted 
Your Excellency with my having delivered Your Letter, and 
Two Copys of the Memorial of the Council of Proprietors, 
I think it my Duty now to give Your Excellency, The best 
Information I can Concerning the Proceedings in that matter 
Since I was informed by Letter from Richard Gardner, (Agent 
for the Countil of Proprietors Concerning their Lands which 
lye on the line of Jersey, and York abreast of the Minisink 
and Wawayanda Patents) Dated the third day of January 
Last, that on the 13 th day of December Last, the Sheriff of 
Orange, with his under Sheriff, Colonell Dekey and others 
to the Number of 24 Come far into Jersey, and took Vanatta 
& Westbrook Two Tenants of the Proprietors for refusing to 
serve as Constables as in New York Provence, and Committed 
them for a night, and Then Proposed to take Bail of them 
if they wou'd Pay Charges, which they refused to pay, and 
told them they were ready to go to Goal But at Length the 



436 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Sheriff agreed to take Bail without Charges, and accordingly 
they gave Bail in 600 to appear at next Tappan Court. 

I am Informed further by said Letter and an Affidavit of 
Ben : Forgesin that one Westbrook a Constable in New Jersey 
wab apprehended for doing his duty There, and brought before 
Jacobus Swartwoot a New York Justice Living at Minisink 
who Threatned Westbrook so much with a Prison &c. That 
Westbrook thro Terror Submitted and Compounded with 
Justice Swartwoot for Forty odd Shillings for fine and Charges 
and that this Composition was on the 24 th of December Last, 
that Ben : Forgeson having Business that Brought him to 
that Place (which is. several Miles within New Jersey) after 
the Composition, the said Westbrook Called the said Forgeson 
aside about 15 rods distance from the house where the said 
Swartwoot was, and there told the said Fergeson how he had 
been apprehended and for what and how he had Compounded 
with the said Justice to save himself from Prison, and desired 
the Opinion of the said Forgeson on the whole who told him 
he thought he had done wrong to Submit To Such pro- 
ceedings, as he knew the Council of Proprietors would have 
defended him as they had done Bosset and for his Part he 
told him he woud rather have chose to go to Goal 

Justice Swartwoot having Observed Forgeson Speaking to 
Westbrook at the said Distance, Called' To Forgeson and 
asked him what he had been Talking to Westbrook, But 
Forgeson declined acquainting him, But M r Swartwoot Insist- 
ing so Strongly that he should acquaint him, he at Last told 
him the Truth whereon Justice Swartwoot Swore that he 
Forgeson shou'd go to Goal in Westbrook's place. 

And Accordingly on the next day Being the 25 th of 
December, Carried him to Goal at Goshen, and Committed 
him, the Badness of the weather at that Time was such that 
the Express sent To me Concerning this matter came not till 
the 10 th of January, whereon I immediately got a Habeas 
Corpus to bring him before the Supream Court to be dis- 
charged or Bailed, and on the 17 th the Goaler Brought him 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 437 

here, and on the 19 th after Argument in the Court he was 
Bailed 

On the 3 1 8t of January I heard that news had been brought 
Hither to the Lieutenant Governour the night before that the 
Sheriff of Orange Dekey and Several Others Justices of 
Orange and about 50 People had been round the drownded 
Land the head of which is 15 Miles in Jersey, and appre- 
hending M r Gardner and about 7 or 8 more Jersey People 
and Committed them to Goal at Goshen whereon Believing 
that Herring and Dicker were some of the 7 or 8 I Imme- 
diately had Habeas Corpus's made out for Gardner Herring 
and Decker returnable immediately before Judge Horseman- 
den at his Chamber in New York to have them discharged 
or Bailed, and hired an Express who went away the Next 
Morning with the Habeas Corpus's 

On February 1 st in the Evening M r McKeven M r Scott 
and M r Alsop, Attorney's for the Patents of Minisink & 
Wawayanda came to me declaring it was to find some way to 
put an End To those Riots and disorders and told me another 
Express was come to acquaint them, that on Sunday last 
above fifty Jersey People had attacked and taken Justice 
Swartwoot and Justice Westbrook, and had greatly beat and 
abused Justice Swartwoot and Carried those Two Justices 
down below Pechaqualong before Justice Van Camp. I told 
them that I was Sorry that any Bodily hurt was done to 
Justice Swartwoot But I doubted not But those Jersey People 
had good Warrant For apprehending them, and must Beleive 
that the hurt to M r Swartwoot arose from resistance, I told 
them further if they had no Warrants Yet it was not so bad 
as what Dekeys had done to Herring and Gardner who not 
only grievously Beat them But robbed them, and that it did 
not Seem they were Charged with Robbery as Dekeys were 
whereon they told me they had Robbed Jacobus Swartwoot 
of his Sword, I told them that, that accounted Something 
for the Beating, which I supposed [was] to defend themselves 
against his Sword, and by that means disarmed him, as they 
would have been great fools if they did not 



438 NEW JEESEY COLONIAL DOCUMENTS. [1754 

I told them I as Sincerely as they abhorred such Proceed- 
ings, that it appeared by the Memorial that New Jersey has 
been for these 13 Years on the Passive and defensive side 
against the Continued Oppressions of New York and done 
no One Offensive Act Till what they now acquaint me with 
and which I heard Nothing of before, that it was but their 
Resolving to discontinue Those Oppressions and I doubted 
not Peace would be Immediately restored. After much Other 
discourse We Came at Last Verbally to agree, to the Sub- 
stance of the Letters whereof Copies are inclosed they to send 
to their Agent one Letter and I to Send to Richard Gardner 
another to the same Purpose they to give me a Copy of their 
Letters that I may inclose it to Richard Gardner and I to 
gave them a Copy of my Letters to inclose it To their Agents. 

The Express I sent with the three Habeas Corpus's is not 
Yet returned nor have I heard one word from M r Gardner, 
or any other of Jersey Concerning those Late Proceedings 

According to the agreement in the Evening of February 
1 st M r Mackwers 1 Came about noon of the Second and Showed 
me the Letter they had wrote whereof Copy 'is Inclosed and 
I told him I shoud write one to the same Purpose To Richard 
Gardner & Exchange Copies as agreed whereupon my Clerk 
made Copy of their Letter, and he telling me that the Last 
Express that had Come, waited only for these Letters I told 
him I should send him mine to go by him by Two o'Clock 
whereon I immediately altered a Copy of theirs for my Letter 
To Richard Gardner, a Copy of which with those alterations 
is Inclosed and I sent mine accordingly at 2 o'Clock to M r 
Scott 

Your Excellency's Strong Letter to Lieu* Gov r Delancey, 
the publishing the Memorials here, and their Seeing the 
Council of Proprietors determined to Perform their Engage- 
ments of March Last set forth in the 38 th article of the Memo- 
rial, have I believe Induced People here to open their Ears 
a Little to the Continued Cries and Complaints of New Jerssy 
for 13 Years past against the Oppressions of New York, and 

1 McEvers. 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 439 

possibly (what they call) the Kiot on Sunday Last may have 
a Little Contributed to that Effect 
I am 

May it Please Your Excellency 
New York Your Excellency's 

February 2 d 1754 most Obedient & 

most Humble Servant 
JAMES ALEXANDER 

New York February 2 d 1754 
To Vincent Matthews and Joseph 
Sacket Esq ra in Orange County 

Gent. 

We are Sorry to hear of the daily Riots Committed, in 
Your Parts, and hope our People are in no wise Chargeable 
as the Cause of them. We Entreat You to Perswade them 
to Commit No Trespasses, or Offensive Acts of Violence on 
the Persons or Possessions of the People holding under New 
Jersey, To leave them Entirely at Peace and We further 
desire You, Barely to do what is Necessary, in Order to Secure 
and defend Yourselves and Your Possessions, and no more 
which directions we hope will be punctually Observed until 
further advice from 

Your humble Servants 

JOHN McEvERS 
JN MORIN SCOTT. 
JN ALSOP 

M r Alexander sends the Like advice to Richard Gardner 
For the Jersey People of which Inclosed is a Copy and we 
have given a Copy of this For M r Alexander to send to 
Richard Gardner and we hope an Amicable Agreement may 
be Entred into Concerning these Affairs 

M< Richard Gardner New York Feby * 1754 

S r 

I am Sorry to hear of the daily Riots Committed in Your 
Parts and hope our people are in no wise Chargeable as the 



440 NEW JERSEY COLONIAL, DOCUMENTS. [1754 

Cause of them. I Entreat You to Persuade them to Com- 
mit no Trespasses or Offensive acts of Violence on the Per- 
sons or Possessions of the People holding under New York 
But to Leave them Entirely at Peace. And I further Desire 
You barely to do what is Necessary in Order to Secure and 
defend Your Selves and Your possessions and no more, which 
Advice I hope will be punctually Observed, till further 
Orders from the Council of Proprietors of East Jersey 
I am 

Your Humble Servant 

JA ALEXANDER 

Mess rs M c Evers Scott & Alsop send the like advice To Coll 
Matthews and Joseph Sacket for the York people of which 
InclosM is a Copy and I have given a Copy of this for Mess" 
MEvers &c, to Send to Matthew's & Sacket, and we hope an 
Amicable agreement may be Entred into Concerning these 
Affairs 

M r Alexander acquainted his Exell 7 and this Board that 
on Monday last M r M c Evers and M r Scott two. of the Signers 
of the preceding Letter on the part of New York appeared 
before a Committee of the Council of New York and acknowl- 
edged they had with M r Alsop sign'd that Letter upon the 
Recommendation of the Committee and he the said Alex- 
ander then also acknowledged that he had signed the preced- 
ing Letter on the Part of New Jersey And the said MEvers 
and Scott then also in Presence of the s d Committee delivered 
to the s d Alexander a Paper of Proposals on the Part of New 
York to be Answer'd by the Proprietors of East New Jersey 
concerning the Disputes about the Line between New York 
and New Jersey and the said Alexander and Samuel Nevill 
Esq r impower'd by the Proprietors of East New Jersey as 
appears by the Letter of April 10 : 17^6 in their Memorial 
do in presence of this Board acknowledge the Receipt of the 
s d Proposals and promise to deliver an Answer thereto with 
what speed is in their Power. 

And the s d Alexander and Nevill impowered as above do 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 441 

acknowledge before this Board their Approbation of the pre- 
ceding Letter by M r Alexander with an Addition thereto in 
the words following. 

We James Alexander and Samuel Nevill Impowered by 
the Council of Proprietors of East Jersey as appears by the 
Letter of April 10 th 1746 Printed in Pages 25 &c, of the said 
Proprietors Memorial have approved of the Preceeding Letter 
and do order & direct as therein is desired and Advised. 

And it being Conceived that the preceeding Letter & one 
of Like Tenor In behalf of New York thro' the shortness 
of the Time that was had to agree and to prepare them are 
defective of Sundry things that we Think may be added for 
the Better Obtaining the True Ends thereof 

We do therefore agree if the Like be agreed to on the Part 
of New York 

I 8t That in Case any Person in Behalf of New York shall 
do any thing that may be deemed or Supposed a Breach of 
said directions that then if within Thirty days after notice 
thereof to the Persons Concerned for New York or one of 
them reasonable Satisfaction be tendered or made for all 
Damage done by the said Breach it Shall not be in the Power 
of New Jersey to assign that deemed or Supposed Breach as 
a Breach Sufficient to discharge New Jersey from being 
bound by the said directions. 

2 dly If the Like be agreed to on the Part of New York 
We do agree that It Shall not be in the Power of those Con- 
cerned for New Jersey to Countermand the preceeding Orders 
until Three months notice In writing of such Intention to 
those Concerned for New York or one of them with the 
Reasons that Induce them to give such Counter Orders This 
second Case We Understand is to Take Place when there is 
no Breach or where a Breach and Satisfaction is made for it 1 

February 7 th 1754. JA ALEXANDER 

SAMUEL NEVILL 

1 For accounts of the troubles arising from the dispute concerning the partition 
line between New York and New Jersey, see N. J. Arckives, VIII., Part I., 200-299. 



442 NEW JEESEY COLONIAL DOCUMENTS. [1754 

Which Proposed Agreement and steps taken Towards it 
His Excellency & this Board approve and re Commend the 
further Proceeding in that Amicable manner until a final 
Settlement of the Bounds between New York and This 
province 

The Governour appointed with the Consent of the Council 
Abraham Vanaken & Anthony Yanatta Justices of the 
Peace for Sussex County. 



At a Council held at Elizabeth Town in the Province of 
New Jersey on the Twenty first day of February 1754. 

Present 
His Excellency Jonathan Belcher Esq r Governour 

The Hon ble James Alexander 
Edward Antill 
Andrew Johnston 



Peter Keinble 
Richard Saltar 
David Ogden 
Lewis M : Ashfield J 



Esq r 



His Excellency made a Speech to the Council as follows 

Gentlemen of the Council 

I have Lately rec d the following Letters 

One from the Right Hon ble Lords Commissioners for Trade 
& Plantations Dated White Hall September y e 18 th 1753 

And one from M r Dinwiddie Lieutenant Governour of 
Virginia Dated Williamsburgh Virginia Jan 7 29 th 1754 

Which Letters I now Lay before you Containing Things 
that greatly respect his Majesty's Honour & Interest as well 
as the safety and Wellfare of this Province & that of many 
other the Colony's on this Continent Under the British 
Dominion and these things I desire you to Consider in the 
most Deliberate and Best manner ; a ad then to give me Your 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 443 

Advice as to what Steps may be Proper and Necessary for 
this Government to take on such an Extrodinary Occasion 
Elizabeth Town J BELCHER 

February 21 st 1754. 

And Laid before y m the Letters therein Mentioned Viz* a 
Letter from the R* Hon ble Lords Commissioners for Trade & 
Plantations 

Whitehall Septem* 18 th 1753 
S r 

His Majesty having been Pleased to order a Sum of Money 
to be issued for the Presents to the Six Nations of Indians 
and to direct his Governour of New York to hold an Inter- 
view with them, for delivering these Presents, for burying 
the Hatchet and for renewing the Covenant Chain with them 
We think it our Duty to acquaint You therewith, And as we 
find it has been usual upon former Occasions, when an Inter- 
view has been held with these Indians, For all his Majesty 'a 
Colonies whose Interest & Security is Connected with & 
Depends upon them, To Join in Such Interview and as the 
Present Disposition of these Indians and the Attempts which 
have been made to withdraw them from the British Interest 
appear to us to make such a General Interview more Par- 
ticularly Necessary at this Time, We desire You will Lay 
this matter before the Council and General Assembly of the 
Province under Your Government & recommend to them 
forthwith to make a Proper Provision for appointing Com- 
missioners to be Joined with those of the other Governments 
for renewing the Covenant Chain, with the Six Nations & 
for making such Presents to them as have been usual upon 
the Like Occasions and We desire that in the Choice & Nom- 
ination of the Commissioners You will take Care that they 
are men of Character Ability & Integrity & well acquainted 
with the Indian Affairs 

As to the Time & Place of Meeting it is Left to the Gov- 



444 NEW JERSEY COLONIAL DOCUMENTS. [1754 

ernor of New York to fix it and he has orders to Give You 
Early Notice of it. 
We are 
8 r 

Your Loving Friends & humble Serv ts 
Jonathan Belcher, Esq r ) DUNK HALIFAX 

Gov r of New Jersey / J : GRENVILLE 

DUPPLIN 

Also a Letter from the Hon ble Robert Dinwiddie Esq r 
Lieutenant Governor of Virginia 



gr Williamsburg Virg a 29 th Jan^ 1754. 

The unwarrantable Proceedings of the French in seizing 
the Persons & Effects of his Majesty's Subjects who were 
settled on the Ohio, & Claiming a right to the Possession of 
that Country as Your Excellency will perceive by the Copy 
which I have Inclos'd of the French Commandants Letter to 
me by Major Washington, a Gentlemen I sent out to the 
French on this Occasion, render it of such Imediate Conse- 
quence to the Honour & Dignity of his Majesty's Crown, & 
the Preservation of all his Dominions on this Continent that 
I find myself Oblig'd to apply to Your Excellency for all 
the Assistance You Can give and as I hope to be soon En- 
abled by the approaching Assembly to raise what Forces I 
can here, I Purpose to have a Body Collected on Will's 
Creek on the head of Potownmack very early in March and 
there I Shou'd be glad if they might be Joined by the Men 
that You will Cause to be rais'd for this Service along with 
Those I Expect from Pensylvania I have Chosen this Place 
as more Generally Conveniant to all the Colonies and nearest 
To the Scene of Action 

The French have Fortified themselves on Lake Erie & on 
a Branch of the Ohio, and have Two Hundred Canoes ready 
made and many more Block'd out, & Every Thing in readi- 
ness to Execute their Design of falling down the River when 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 445 

the waters Serve in the Spring and Building forts at Every 
Place of Consequence 

They have Eight Pieces of Cannon Six Pounders Mounted 
at the Fort of Ohio <fe have actually Caused the Chippaways, 
Ottaways & Orundnacks to take up the Hatchet against the 
English 

I think it so necessary to the Success of the Service that 
the Command shou'd be Undivided, That it wou'd be a 
pleasure to me to find Your Excellency in my Sentiments 
and that You were willing to Entrust with my General 
Officer the Command of the Forces You Send 

It Certainly is of the Last Consequence to be as Expedi- 
tious as Possible, Especially as the French design to be at 
Ohio, Early in the Spring with a more Considerable Number 
than they had there in the fall which then amounted To one 
Thousand Five Hundred 

I remain with great Respect 
Your Excell yB 

most Humble Servant 

ROBERT DINWIDDIE 

Also a Copy of a Letter sent by the Commandant of the 
French Forces on the Ohio to the Governor of Virginia. 
Translated Thus 

S r 

As I have the Honour to Command in Chief M r Wash- 
ington Delivered the Letter to me you wrote to the Com- 
mander of the French Troops. I shou'd have been Pleas'd 
You had given him Orders or he had inclined To have gone 
to Canada to have Seen the General to whom it Belongs more 
Properly than to me to declare the Evidence and reality of 
the Rights of the King my Master over the Lands situated 
along the Belleriviere and to dispute the Pretensions of the 
King of G. Britain Upon that Subject I am Going to deliver 
Your Letter to Mons r Le Marquiss Dequismne his Answer 
shall be to me a Law and if he orders me to Communicate it 



446 NEW JERSEY COLONIAL DOCUMENTS. [1754 

You Sir I can Assure y I shall not Neglect Conveying of it 
Immediately to Your hands 

As to the Summons you Sent me to quit my Post I do not 
think myself Obliged to Comply with it, whatever may be 
your Instructions I am Placed here by the Orders of my 
General Sir I desire you not to have the Least doubt of my 
Constancy and Resolution to Conform myself with all the 
Exactness and firmness that may be Expected from a good 
Officer 

I am Ignorant that in the Course of this Campaign any- 
thing has happened that Can be thought an Act of Hostility 
nor that has been Contrary to the Treaty Subsisting between 
the Two Crowns the Continuance of which is as much our 
Interest and desire as it is that of the English S r if you had 
been pleas'd upon this point to have given a Particular 
Detail of the Acts & Motives of Your Complaints I should 
have done my self the Honour to have Answered you more 
directly, & I am persuaded that You wou'd have had reason 
to be satisfied. 

I thought it my Duty to receive M r Washington with that 
distinction due to Your Dignity to his quality & great merit 
I flatter myself that he will acquaint you as I Likewise do 
with what Profound Respect 
I am 

S r Your most Humble and most Obed* Serv* 

LEGARDEUR DE'S* PIERRE 
From the Fort 1 

On the River, 1753. j 

M r Alexander acquainted His Excellency and this Board 
that in a few Hours M r Nevill and he would have finish'd 
their Answer to the Proposals of New York mentioned in 
the Minitts of the Seventh Instant Ordered that the Gentle- 
men of the Council or any three of them be a Committee to 
receive and Consider the said Answer w th the Proposals & 
report their Opinion thereon to this Board, Ordered also that 
the said Committee do Enquire into the Facts Concerning 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 447 

tke late Disturbances near the Line of New York & other 
Proceedings on that Affair since the Printed Memorial of 
the Proprietors of East New Jersey & make their Report 
thereon to this Board. 

Then His Excellency adjourned the Board to 9 Clock to 
morrow morning 

Feb? 22 d 1754 
The Council mett. Present as before 

His Excellency having Laid before the Council a Letter 
from Jo 8 Warrell Esq r His Majesty 's Attorney Gen 1 of this 
Province, of the 14* Instant respecting a Eiott Lately Com- 
mitted in the County of Hunterdon together w th Several 
Depositions respecting the Same, Ordered that the Secretary 
do write to the Attorney Gen 1 in the Name of the Governour 
& Council to proceed against the Persons Concerned therein 
according to Law & to transmitt to him all the depositions 
relating to that matter , 

M r Antill, Chairman of the Committee on the Letters 
mentioned in his Excellency's Speech of Yesterday made the 
following report on the Letters of the R* Honourable Lords 
of Trade 

May it Please Your Excellency 

In Obedience to Your Excellencys Order in Council of 
Yesterday referring to us a Letter of September 18 th 1753, 
from the Lords Commissioners for Trade & Plantations, to 
your Excellency & acquainting us that the Hon ble James De 
Lancey Esq r Lieutenant Gov r of New York had appointed 
the Fourteenth day of June next for the Interview w th the 
Indians at Albany, we do humbly report to Your Excellency 
that it is Our Opinion Your Excellency should Call together 
the General Assembly of this Province in Convenient Time 
before the said Fourteenth day of June & to lay before them 
the said Letter and the Expediency of the measure there pro- 



448 NEW JERSEY COLONIAL DOCUMENTS. [1754 

posed Recommending to them in the strongest manner to 
make provision for y e Expence thereof. 

Feb y 22 d 1754 By Order of the Committee 

EDWARD ANTILL 

Also the following Report on Governor Dinwiddies Letter 

May it Please Your Excellency 

In Obedience to Your Excellency's Order in Council of 
Yesterday Referring to us the Letter of the Hon ble Robert 
Dinwiddie, Esq r Lieut* Gov r of Virginia of the 29 th of Jan- 
uary last with Copy of the Letter of the French Commander 
on Ohio Dated the Fifteenth day of December last to report 
our Opinion what Your Excellency shou'd do therein, We 
do beg Leave humbly to report that we are fully of Opinion 
that the Subject matter of these Letters highly Concerns all 
the British Plantations in America, Yet Your Excellency 
can raise no men nor money to Support them without the aid 
of the General Assembly of this Province. That as no Plan 
of Operations is Laid before you nor no Account, whether 
Virginia will raise any or how many men nor what Number 
may be Necessary for this Province to raise, We think 
before Notice of these Things Came to Your Excellency's it 
would be too Soon to call the Assembly together for that 
Purpose. But we are further of Opinion that Your Excel- 
lency shou'd Continue the Assembly on Short Prorogations 
that they may meet with all Possible speed Immediately on 
Notice of the Preceeding matters now waiting that they may 
be then Laid before them 

Feb y 22 d 1753 By Order of the Committee 

EDWARD ANTILL 

M r Saltar Chairman of the Committee to whom the Refer- 
rences were Yesterday made Concerning the Line of New 
York made report which was read & approved of and Order'd 
to be fil'd 

A Petition from Sundry Inhabitants of the Back parts of 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 449 

Hunterdon Dated 24 th Jan y 1754 requesting the appointing 
one or more Justices in that Part of the County was read & 
referred to the next meeting of the Council And M r Saltar 
is desir'd to Procure Information of a proper person for that 
Purpose 

A Petition from the Inhabitants of Elizabeth Town for a 
Justice And his Excellency by advice of Council appoints 
David Day to be Added to the Commission for the County 
of Essex 

A Petition from Joseph Bonny was read desiring Direc- 
tions from his Excellency in what manner he shou'd get 
redress for the Injuries he had Suffered by the Male Admin- 
istration of John Riddle Late Sheriff of Somerset County. 
Whereupon M r Ogden Informed his Excellency & Council 
that he was appointed of Council to assist the Petitioner in 
the recovery of his right and that he had given his Opinion 
in what manner the Petit 1 ought to Proceed w ch Advice the 
Petit r declined following, Therefore tis the Opinion of this 
Board that he Pursue such Advice as has & Shall be given 
to him by the Assistance appointed him by the Supream 
Court & that an Application to his Excellency & Council is 
premature before the s d Advice be followed & determined & 
that his Application for further Assistance if Necessary shou'd 
be made to the Supream Court 

Robert Stevens ^ 

y 

T i rn i }- In Error 

Laike luckness 

Ex Deme of Isaac Hinchman J Charles Read Esq r one of 
the Justices of his Majesty's Supream Court of Judicature of 
this Province delivered in to this Board a Writt of Error & 
return thereof under the Hands of Samuel Nevil & Charles 
Read Esq Justices of the s d Supream Court w th the Tran- 
script of the record in the said Supream Court annexed. 

On motion of David Ogden Esq r for Joseph Scattergood 
Attorney for the Defendant in Error it is Order'd that the 
Plaintiff in Error do Assign his Errors in Twenty days after 

29 



450 NEW JERSEY COLONIAL DOCUMENTS. [1754 

a Service of a Copy of this rule on the Plaintiff or his 
Attorney or be Non Suit. 

His Excell y Nominated Matthias Hetfield to be a Judge 
& Justice of the Quorum in Essex County to w oh the Council 
Assented. 

He also Nominated John Taylor & James Grover to be 
Justices in Monmouth County to w cb the Council Assented 

Then His Excellency by advice of Council signed the 
following Warrants 

N 272 To himself or Owler for one Quarters 
Salary due to him as Governour of 
this Province for y e Quarter Ended 
y e 21 st Inst* 250 

273 To himself or Order for one Quarters 

House rent due to him y e 21 st In- 
stant as Gov r of this Province 15 

274 To Samuel Nevill Esq r for a Quarters 

Salary as 2 d Justice of the Supream 
Court of this Province for the Quar- 
ter ended y e 21 st Inst* 6,, 5,, 

275 To Charles Head Esq r for a Quarters 

Salary as one of the Justices of the 
Supream Court of this Province for 
the Quarter ended y e 21 8t Inst* 6 5 

N 276 To Joseph Warrell Esq r Attorney Gen 1 
of the Province for a Quarters Sal- 
ary for -the Quarter Ended y e 21 st 
Inst* 7 ,,10,, 

N 277 To Andrew Johnston Esq r one of the 
Treasurers of this Province for his 
Salary for the Quarter Ended y e 21 st 
Ins* 10,, 0,, 

N 278 To Samuel Smith Esq r one of the" 
Treasurers of this Province for his 
Salary for a Quarter Ended y e 21 st 
Inst*... 10,, 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 451 

N 279 To Charles Read Esq r Clerk of the 
Council for his Salary for the Quar- 
ter Ended y e 21 8t Ins* , 7 10 

N 280 To John Smith Clerk of the Circuits 
for a Quarters Salary Ended the 21 t 
Instant 5,, 

N 281 To David Ogden Esq r for 19 days 
attendance in Council at the Session 
of Gen 1 Assembly 5 14 

N 282 To Edward Antill Esq r for 21 days 
attendance in Council at the Sessions 
at Amboy in 1749 6,, 6,, 

N* 283 To Anthony Elton Door Keeper of y e 
Council for a Quarters Salary due 
the 21 st Instant 2 10 

Whereas no Goal is as Yet Erected in the County of Sussex 
Being but Lately Erected into a County, being formerly part 
of Morris County, which was formerly part of Hunterdon 
County, & formerly Part of Burlington County and whereas 
for want of a Goal, Criminals in the said County of Sussex 
may Escape, from being brought to Justice to prevent w ch 
It is Ordered that a special Commission do issue under the 
great Seal of this Province, Impowering the Justices of the 
Peace in & for the said County of Sussex for the Time, being 
to send & Commit such Criminals as are Lawfully accused of 
Crimes not Bailable, or of Crimes Bailable, But where Bail 
is not given to the Common Goal for Burlington or Hun- 
terdon County and there to remain till delivered by due Course 
of Law & that All Sheriffs Constables Goalers and other his 
Majesty's Leige Subjects of the said County of Sussex, Hun- 
terdon & Burlington, be aiding & Assisting in the Premisses 
which Commission to Continue till a Gaol be Erected for the 
said County of Sussex 



452 NEW JERSEY COLONIAL DOCUMENTS. [1754 

At a Council held at Elizabeth Town in the Province of 
New Jersey on Saturday the 23 d day of March 1754 

Present 
His Excellency Jonathan Belcher Esq r Governor 

The Hon ble James Alexander ^ 
Andrew Johnston 
Richard Saltar j Esq rs 
David Ogden 
Lewis M : Ashfield J 

His Excellency Laid before the Board a Letter he had rec d 
from the Hon ble Robert Dinwiddie Lieutenant Governor of 
Virginia dated y e 23 d Ultimo Enclosing a Proclamation His 
Honour had Issued w th the advice & Consent of his Majesty's 
Council of that Province for encouraging Men to Enlist in 
His Majesty's Service for the Defence & security of that 
Colony w ch Letter is as follows 

Williamsburg February 23 d 1764 
S r 

I wrote you Lately by an Express to which I referr You 
since that Our Assembly has met and voted 10,000 towards 
the Expedition to the Ohio I am in great hopes of Aid from 
You which if Your Assembly have Qualified You to raise 
men to assist the Common Cause, I shou'd be glad if Your 
Forces cou'd Join them from Pensylvania, so as to be at the 
place of Rendezvous as Soon as Possible. 

I am with very great Esteem & regard 
Y r Excelled 8 most 
Obed fc Hble Serv* 

ROBERT DINWIDDIE 
Gov r Belcher 

This inclosed Proclamation will be General to all the Forces 

Also a Letter from the Gov r of Virginia dated the 1 st of 
March 1754 enclosing a Printed Copy of Major Washingtons 






1754] JOURNAL OF GOVERNOR A.ND COUNCIL. 453 

Journal to & from the French Fort on a Branch of Ohio &c. 
w ch Letter is as follows 

W m sburg Virg a Mar : 1 st 1754 
S r 

Having Occasion to send an Express to New York I 
trouble you with this to acquaint you, we are raising Forces 
for the Expedition to the Ohio ; And I Expect our Small 
Regiment will be Compleated, & at Alexandria by the 20 th 
of this Month, from thence to Wills's Creek & so to Ohio. 

As the Affair greatly depends on the aid of our neighbour- 
ing Colonies I hope that under Your Command have shewn 
their Duty, by Your Assembly's Qualifying you to raise 
some Forces, If so the sooner they are on the March the 
Better, as the French will be very active on hearing of our 
motions & Intentions. 

As You have been so long distinguished in the Service of 
the Crown, I need use no Arguments to influence Your Zeal 
on the Present Emergency for the good of the Common 
Cause. 

I send You, Inclos'd Major Washingtons Journal to the 
French Commandant 

Wishing You health & Prosperity 
I remain 

Your Excellency 8 

most Obed* h ble Serv* 

ROBERT DINWIDDIE. 
Gov r of the Jersies 

The Council are of Opinion that the aid of the Legisla- 
ture is necessary in this matter & that it is adviseable that 
His Excellency appoint a meeting for that purpose w th all 
Conveniant Speed. 

He also laid Before the Board a Letter from the Hon ble 
James De Lancey Esq r Lieutenant Governour of New York 
Dated y e 15 th of this Instant March Enclosing a Report of 
the Council of New York Dated 1 st Ins* & approved y e 4 th 



454 NEW JERSEY COLONIAL DOCUMENTS. [1754 

respecting the Line of Division 1 between this Province & y c 
Province of New York w oh being read this Board advise His 
Excellency to Order a Copy thereof to be serv d on the Presid 6 
of the Council of Proprietors of East Jersey in Order to 
their making an Answer to the Same 

Compared w th the Journals of the Council 'of New Jersey 
of w ch this is a true Copy 

CHA READ D Seer* 

April y e 4 th 1754 

At a Council held at Perth Amboy on the 23 d day of 
April 1754 

Present 

Edward Antill ^j 
James Hude 

The Hon ble Peter Kemble } Esq 
Thomas Leonard I 
David Ogden J 

The Secretary delivered to the Board the following Letter 
from his Excellency the Governour 

Gentlemen of the Council 

The orders I have lately received from his Majesty have 
made it Necessary that I convene the Assembly at this time 
when I intended to have met them at Perth Amboy but the 
weak State of Health I am under at Present makes me unable 
to get thither and I doubt it will be inconvenient for them to 
Set at so great a Distance as that is from the Governour and 
the King having made Provision by his Twelfth Royal 
Instruction upon an extraordinary Necessity to Appoint them 
by your advice to sit elsewhere I therefore desire you to Con- 
sider the Matter and give me your Opinion upon it and 
whither it may not be proper and Convenient to Adjourn 
them to meet me at this place 

J BELCHER 

1 Proposing a line of peace. See documents relating to the Col. Hist, of N. Y., 
VI., 889. 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 455 

To which the Council made the following Answer 

Sir 

"We have considered your Excellencys Letter of the 22 d 
Instant and are Unanimously of opinion that it is for his 
Majesty's Service and the good of the Common cause for 
your Excellency to meet the Assembly as soon as possible 
and that it would be most agreeable to Continue them at 
this place where the Assembly are now met but as your 
Excellency's great Indisposition renders it impracticable for 
you to go abroad (whereof you are the best Judge) we are 
under the Necessity of Advising your Excellency to adjourn 
the Assembly to Elizabeth Town where we shall attend 
We are 

Your Excellencys 

Most obed* humble Serv* 

Amboy EDWARD ANTILL JAMES HUDE 

April 23: 1754 PETER KEMBLE THOMAS LEONARD 
DAVID OGDEN 

At a Council held at Elizabeth Town on the 25 th day of 
April 1754 

Present His Excellency the Govern' 

Edward Antill 
James Hude 
The Hon ble Peter Kemble j> Esq r " 
Thomas Leonard j 
David Ogden J 

His Excellency having by the D Secretary commanded 
the attendance of the House of Assembly they attended 
when he was pleased to make the following speech. 

Gentlemen of the Council & of the General Assembly 

Altho I am sensible it is a busy Season yet his Majesty's 
Royal Orders have made it absolutely Necessary to call you 



456 NEW JERSEY COLONIAL DOCUMENTS. [1754 

together at this time and I have directed the The Secretary to 
lay before you the following Letters 

One from the Right Honourable the Earl of Holderness 
one of his Majesty's principal Secretarys of State dated 
Whitehall August 28 th 1753 

And another from the Right Honourable the Lords Com- 
missioners for Trade and Plantations Dated Whitehall Sep- 
tember 18 th 1753 l 

The first Letter you will see relates to any hostile Attempts 
or Incroachments that should be made on the Limits of the 
Kings Dominions 

And the other respects an interview that is to be held the 
middle of June next with the Chiefs of the Six Nations at 
Albany 

I have also ordered to be communicated to you Three Let- 
ters from the Honourable M r Dinwiddie Lieu* Governour & 
Commander in Chief of His Majesty's Territory and Dominion 
of Virginia 

Which give you the Particulars of the Invasion and Depre- 
dations made by a Body of French and Indians on the Kings 
Lands and of the Cruel Barbarities and Murders Committed 
by them on his good Subjects and all done in Infraction of 
the Treaty's of Peace made Between his Brittish Majesty 
and the French King 

I also send with the other Letters Mentioned One from 
his Excellency M r Shirley Governour of His Majesty's Prov- 
ince of the Massachusetts Bay in New England And another 
from the Honourable M r De Lancey Lieu* Governour and 
Commander in Chief of His Majesty's Colony of New York 

By these two letters you will find the unjust Attempts the 
French are making upon the Kings Territories in New 
England and that they seem to be laying Schemes for a Gen- 
eral Destruction and Ruin of the English Provinces on this 
Continent as also the great Necessity of our Joyning with 
the other Colonies in sending Commissioners to albany in 
June next there to Consult the most prudent measures for 

~S~ee N. J. Archives, VIII., Part I., 156. 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 457 

holding and Confirming the Six Nations in the English 
Interest Yet if upon the whole there becomes a Strict union 
among all his Majestys Colonies we may Reasonably hope 
(with the help of God) the designs of the French will soon 
be rendered vain & abortive which at present so nearly affect 
the honour and Interest of the Crown of great Britain as 
well as the future Peace and Welfare of this and the Neigh- 
bouring Provinces I therefore earnestly recommended to your 
most deliberate and mature Consideration these extraordinary 
Proceedings and then I shall not doubt your doing every- 
thing in your power ia aid & Assistance with the rest of the 
English Colonies I say I hope you will Chearfully unite with 
them to ward of from Yourselves & your Posterity the fatal 
Consequences that must attend the present unjustifyable 
Violences and Insults of the French (in conjunction with 
the Indians) and on this Occasion it is with pleasure Gentle- 
men that I mention to You the Zeal and Alacrity with which 
many of our Neighbours have already exerted themselves for 
the Kings Honour and Interest and in Compassion to their 
fellow Subjects in this uncommon Exigency and your An- 
swering the Kings just expectations in these Important Affairs 
You may depend will greatly recommend you to the Royal 
Grace and Favour 

Gentlemen 

You will according to your wonted care make Inquiry into 
any temporary Laws that are expired and that ought to be 
revived. 

Gentlemen of the General Assembly 

As the Provision made in your last Session for the Support 
of the Government expires the next Month I shall not doubt 
your doing what may be Necessary for Maintaining the 
Honour and Justice of the Province 

Gentlemen of the Council & of the General Assembly 

I desire you will consider of any thing you may think 
further needfull to be done at this Session for His Majesty's 



458 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Service and for the Welfare of His good People and on your 
laying it before me you may be assured I shall heartily con- 
curr with you therein 

Elizabeth Town J. BELCHER 

April 25 th 1754 

At a Council held at Elizabeth Town on the 30 : Day of 
April 1754 

Present. 
His Excellency the Governour 

Edward Antill ^ 
James Hude 

The Hon blt Peter Kemble } Esq" 
Thomas Leonard | 
David Ogden J 

His Excellency informed the Board that Charles Read 
Esq r one of the Justices of the Supream Court of this Prov- 
ince had begged Leave to resign his Commission for that 
Office which Surrender he had accepted and that thereby the 
place of one of the Justices of the said Courts became Vacant 
and was pleased to Nominate Richard Saltar Esq r to succeed 
him in the said Office to which the Council assented Then 
he was pleased to sign the following Warrants 

N 284 To Richard Saltar Esq r for 32 days 
attendance in Council at a Session 
at Burlington in 1753 9,,12,, 

N 285 To Lewis Ashfield Esq r for 32 days 
attendance in Council at a Session 
at Burlington in 1753 9 ,,12,, 

N 286 To Abraham Clark Jun r for 4 Days 
attendance as Clerk of the Assembly 
at Elizabeth Town in 1752 also One 
pound eight Shillings for Copying 
the Votes for the Printer and record- 
ing the Same and Twenty Shillings 
for Pen Ink and Paper 4 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 459 

in Lieu To Thomas Leonard Esq r in Lieu of 

ofN76 N 76 which was granted 28 th of 

March 1749 and lost or mislaid by 



24,, 12,, 



Compared w th the Minitts of the Council of New Jersey 
of w ch this is a true Copy 

CHA READ D Seer 7 



A Journal of the Proceedings of his Majesty's Council at 
a Session of the General Assembly Begun & holden at Perth 
Amboy on 

Wednesday June 5 th 1754. 



The house Met Present 

f James Hude "1 

I Andrew Johnston 

The Hon ble 1 p t x bl ^ ^f 

I i 

(^ Lewis Ashfield J 

The House Continued till 

Thursday June 6 th 1754 
The House Met Present 

f James Hude ^ 

mi. TT MA ! Andrew Johnston J -r* ~. 
Ine Hon Dle < , > Jiisq 

Peter Kemble 

^ Lewis Ashfield 

A Message from the House of Assembly in the following 
words 

Ordered that M r Lawrence M r Cook M r Learning M r Mickle 
& M r Wood Be a Committee to Join a Committee of the Coun- 
cil to inspect the Treasurers Accompts and also to inspect and 
Burn the Cancelled Bills and make report to the house & that 



460 NEW JEKSEY COLONIAL, DOCUMENTS. [1754 

M r Deacon & M r Hancock do inform the Council thereof and 
desire them to appoint a Committee for that Purpose & that 
they will Please to appoint the time and Place of Meeting 

Ordered That M r Hude M r Kemble & M r Ashfield or any 
two of them Be a Committee to Join the Committee of the 
house of Assembly in Order to Inspect the Treasurers Acco ts 
& to Examine & Burn the Cancelled money & that the Com- 
mittee meet for that Purpose at the Treasurers on Monday 
next at four O Clock in the Afternoon & that M r Johnston 
do acquaint the house of Assembly therewith 

The House continued till 



Friday June 7 th 1754 
The House met Present as above with M r Ogden &, 

Continued till 

Saturday June 8 th 

The House met Present as Before & Continued till 

Monday y e 10 th 1754 
The House met Present 

f James Hude ^| 
The Hon ble < Andrew Johnston >Esq rs 
I Lewis Ashfield J 

The House Continued till 

Tuesday June 11 th 1754 
The House met Present as Before & Continued till 

Wednesday June 12 th 1754 
The House met Present as Before & Continued till 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 461 

Thursday June 13 th 1754 
The House met at Ten O'Clock in the Forenoon 

Present 

C James Alexander ^ 
: Andrew Johnston 
The H " b " \ James Hude \ Es l" 

[_ Lewis Ashfield j 

A Message from the House of Assembly in the following 
words. 

Ordered that M r Fisher & M r Yanvorst do Carry the Bill 
entitled an Act for naturalizing Johannes Doremus Hendrick 
Beuf Hendrick Beuf Jun r & Cornelius Parant to the Council 
for their Concurrence which Bill with the said Message Being 
delivered to this House it was read a first Time and Ordered 
a Second reading 

The house Continued till 

2 "Clock P. M. 
The house met Accordingly 

Present 

James Alexander ^| 
Andrew Johnston j 
The hon ble James Hude } Esq" 

David Ogden 
Lewis Ashfield 

The Bill Entituled an Act for Naturalizing Johannes 
Doremus Hendrick Beuf Hendrick Beuf Jun r and Cornelius 
Parant was read a Second time And was Committed to the 
Gentlemen of the Council or any three of them Also 
Ordered that the Proofs of the recitals in the said Bill Be 
Laid Before the Committee 

The House continued till 



462 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Friday June 14 th 1754. 
The House met Present 

James Alexander ^j 
Andrew Johnston j 

The Hon ble James Hude }. Esq" 

David Ogden 
Lewis Ashficld J 

M r Ashfield from the Committee to whom the Bill for 
Naturalizing Johannes Doremus, Hendrick Beuf, Hendrick 
Beuf Jun r & Cornelius Parant, was referred, reported the 
same without any Amendment, & 

Ordered that the said Bill be read the third time 

The said Bill having Been read the third time 

Resolved the same do pass 

Ordered that the Speaker do Sign the Same 

Ordered that M r Ashfield do acquaint the house of Assem- 
bly therewith 

His Excellency came to the Council Chamber & having 
acquainted the house of Assembly that he was ready to 
receive their Address, they waited on him in Council & Pre- 
sented the following Address 

To His Excellency Jonathan Belcher Esq r Captain Gen- 
eral and Governor in Chief in and over His Majesty's 
Province of Nova Casaria or New Jersey, and Territories 
thereon depending in America, Chancellor and Vice Admiral 
in the Same, &c 

The Humble Address of the Representatives of the said 
Province in General Assembly met 

May it Please Your Excellency. 

We His Majesty's most dutiful & loyal Subjects, the Rep- 
resentatives of the Colony of New Jersey in General Assem- 
bly met, have again taken Your Excellency's Speech into our 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 463 

Consideration ; and have ordered a Bill to be brought in for 
the Support of His Majesty's Government; have appointed 
a Committee to inspect the Laws, and come to a Resolution 
to assist the Neighbouring Colonies against the Encroach- 
ments of the French, in any well concerted Scheme for that 
Purpose, in Proportion to the Circumstances of this Colony, 
and that we ought to Provide for the same when ever it shall 
b laid before Us. 

This House have always esteemed a Harmony & good 
Agreement with Your Excellency and the Council, to be for 
the Benefit of the Colony ; and from this Disposition have 
hitherto pass'd over most of the Reflections you have been 
pleased to cast on our Conduct, in some of Your Speeches 
and Messages ; But no Harmony can long subsist Unless the 
same good Dispositions and Interest unite those Concerned in 
it; and are Sorry to Say, that we can't look upon several 
Expressions in Your last Message to us at Elizabeth Town 
any ways tending to Cement the same ; and are concerned, 
that Your Excellency shou'd view our Transactions in a 
wrong Light : It is therefore incumbent on us, to shew 
Your Excellency, that this House is not Guilty of that Dis- 
respect and Ingratitude that You insinuate in Your said 
Message wherein You say, that our Method of answering 
Your Speech by a Message is unusual if not without Prece- 
dent; and treating his Majesty's Representative with less 
Respect than was due to the Commission he has the Honour 
to bear or to his own kind and Benevolent Intentions ; for 
the Promoting the Welfare of the good People of this Prov- 
ince, whom we represent ; We wou'd have Been glad if your 
Excellency had given them reason to have said that You had 
truly represented his Majesty in redressing his Peoples Griev- 
ances as well as by Commission ; then this House wou'd have 
readily acknowledged the Justice & Care of Your Adminis- 
tration and have saved you the Labour of Writing and send- 
ing Your own Encomiums to this House by a Message. Its 
well known to Your Excellency, that when the Message You 
Complain of was sent to You By this House that the Council 



464 NEW JERSEY COLONIAL DOCUMENTS. [1754 

was gone from Elizabeth Town, therefore we sent that Mes- 
sage to prevent Unnecessary Charge to the Colony by the 
Assembly's Waiting to deliver an Address to the Governor 
in Council : & had You been pleased to have Put those kind 
& Benevolent Intentions (that You tell us of) into Practice, 
you wou'd not have taken the Least Offence at that Method 
of Answering Your Speech even if it had been unusual & 
without Precedent ; But on the Contrary, have we not reason 
to think, that other Governors, who do as much represent his 
Majesty By Commission as Your Excellency have had their 
Speeches answered by Messages from their Assemblies and no 
Exceptions taken thereat 

We Beg Leave further to Observe Your Kind and Benev- 
olent Intentions no ways appears by Your Charging this 
House with Want of Humanity and Tenderness to a Gov- 
ernor, who You are Pleased to Say has exerted his Publick 
and Private Interest for the Good of the Inhabitants of this 
Province and their Posterity; It's well known, that your 
Excellency has had as Large Sums of money Given you by 
the Assemblies as any Governor of this Colony ever had ; 
and that Continued even after Your Removal from Burling- 
ton and dwelling in an inconvenient Part of the Colony ; 
and we are truly Ignorant of any Instances of our Inhuman- 
ity to Your Excellency. 

In What Manner Your Excellency has exerted Your Pub- 
lick and Private Interest for the good of the Inhabitants of 
this Province, We are at a Loss to know. If it is the re- 
moving their Grievances ; it is with Concern we are Oblidged 
to Say, that we don't know, that You ever agreed either with 
this or any other House of Assembly that any of the Griev- 
ances they Complained of were so, unless in the case of Enoch 
Anderson. 1 If any Representation should be necessary to be 
made Home, in Favour of his Majesty's most dutiful Sub- 
jects of New Jersey ; We dont think that Your Constantly 
finding fault with and blaming our Conduct any Ways 
tends to place them in that favourable Light with his Majesty 

*See N. J. Archives, VII., 546. 



1754] JOURNAL OF THE PROVINCIAL COUNCIL 465 

that their Loyalty deserves. The Duty We owe our Con- 
stituents has oblidged us to be thus plain with Your Excel- 
lency, in Order to maintain a good Agreement between 
Your Excellency & his Majesty's Subjects under Your Gov- 
ernment which this house heartily desires. 

By Order of the House 

CHA READ Speaker 

Several of the Members being of the 
People Called Quakers agree to the 
Substance of this Address with their j 
Usual Exception to the Stile, J 

M r Ashfield acquainted the House that he had obeyed the 
Order of the House 



Saturday June 15 th 1754. 
The House Met Present 

James Alexander ~\ 

The Hon ble Andrew Johnston VEsq 
David Ogden J 

A Message from the House of Assembly in the following 
words 

Ordered That M r Low & M r Ogden do Carry the Bill 
Intitled an Act to Enable the Mayor Recorder Aldermen & 
Common Council men of the free Borough & Town of Eliza- 
beth to Build a Poor House Work House and House of Cor- 
rection within the said Borough & to make rules Orders & 
Ordinances for the Governing of the same & to repair the 
Goals of the s d Borough to the Council, for their Concurrence 
Which Bill with the s d Message Being delivered to this 
House, it was read a first time & Ordered a Second reading 

The House Continued till Tuesday June 18 th 1754. 

30 



466 NEW JERSEY COLONIAL DOCUMENTS. [1754 

The House met accordingly. 

Present 

James Alexander ^j 
Andrew Johnston I 

The Hon ble James Hude j> Esq rs 

Thomas Leonard 
Lewis Ashfield J 

A Message from the House of Assembly in the following 
Words. 

Ordered 

That M r Fisher, M r Wetherill M r Emley & M r Wood do 
carry the Bill for Support of Government and setling the 
Quotas of the respective Counties and Levying a Provisional 
Tax to the Council for their Concurrence Which Bill Being 
delivered to this House was read the first Time & Ordered a 
Second Reading. 

A Message from the house of Assembly in the following 
words 

Ordered 

That the Committee appointed to inspect the Treasurers 
Acco ts have Power in Conjunction with the Committee of the 
Council to Reexamine all former Reports of the Committees 
of Acco ts relative to all or any Deficiencies which may be 
Supposed to Be now outstanding and that M r Low & M r 
Mickle do acquaint the Council therewith 

The Bill Entituled an Act to Enable the Mayor Recorder 
Aldermen and Common Councilmen of the Free Borough 
and Town of Elizabeth to Build a Poor House W r k: House 
and House of Correction within the said Borough & to make 
rules Orders & Ordinances for the Government of the same 
and to repair the Goals of said Borough was read a Second 
Time & Committed to the Council or any Three of them. 

The House Continued till 



1754] JOURNAL OP THE PROVINCIAL COUNCIL. 467 

Wednesday June 19 th 1754. 
The House met Present as Yesterday 

The Bill Entituled an act for Support of his Majesty's 
Government of New Jersey to Commence the 21 st May 1754 
And to End the 21 st May 1755, And to Discharge the Pub- 
lick Debts and Contingent Charges thereof and for Settling 
the Quotas in the respective Counties and Levying a Provin- 
cial Tax was read a Second Time & Committed to a Com- 
mittee of the whole House 

The House Continued till 

2 'Clock P. M. 

The House met 

Present as Before 

M r Leonard acquainted the House that he had received 
from M r Mott and M r Emley a Bill Entituled an Act for 
Settling the Quotas of the Counties of Morris & Sussex in 
the Fund by Law directed to be raised at Different Periods 
By Provincial Taxes for Sinking the Sum of fifteen Thou- 
sand Three hundred & Two Pounds and four Pence now out 
standing in Bills of Credit made Current for his Majesty's 
Service in the Late War, and for Enabling the Said County 
of Sussex to Choose a County Collector if need require as 
also to Enable Several Precincts therein Lately Erected to 
Choose Assessors Collectors & Freeholders for the Present 
Year ; for the Concurrence of this House, which Bill being 
read was Ordered a second Reading 

M r Johnston from the Committee to whom the Bill for 
Support of Government &c. was referred, Reported the same 
without any Amendment & 

Order'd that the said Bill be read the Third time The s d 
Bill having been read the third time 



468 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Resolv'd the same do Pass 

Ordered that the Speaker Sign the Same. 

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

The Bill Entitled an Act for settling the Quotas of the 
Counties of Morris & Sussex in the Fund By Law directed 
to Be raised at Different Periods By Provincial Taxes for 
sinking the Sum of Fifteen Thousand Three Hundred and 
two Pounds and four Pence now outstanding in Bills of 
Credit made Current for his Majesty's Service in the late 
War and for Enabling the said County of Sussex to Choose 
a County Collector if need require as also to enable Several 
Precincts therein lately erected to Choose Assessors Collectors 
and Freeholders for the Present Year was read a Second 
Time & Committed to a Committee of the whole House 



Thursday June 20 th 1754. ' 
The House met 

Present 

James Alexander 
James Hude 



The Hon ble 



Andrew Johnston 
Thomas Leonard 
Lewis Ashfield 
David Ogden 



> Esq r 



M r Johnston Acquainted the House that he had Obeyed 
the Order of the House of Yesterday 

M r Ashfield from the Committee to whom the Bill Enti- 
tled an Act to Enable the Mayor Recorder Aldermen and 
Common Councilmen of the Free Borough and Town of 
Elizabeth to Build a Poor House Work House, and House 
of Correction within the s d Borough & to make Rules & 
Ordinances for the Government of the Same and to repair 



1754] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



469 



the Goals of s d Borough was Committed reported the Same 
without any Amendment 

Order'd, 

That the said Bill be read the third time 

The said Bill having been read the third time resolved the 
same do Pass 

Order'd 

That the Speaker do sign the Same 

Order'd 

That M r Ashfield do acquaint the House of Assembly 
therewith 

The House Continued till 



Friday June 21 st 1754 

The House met 
Present as Yesterday 

M r Ashfield Acquainted the House that he had Obeyed the 
Order of the House of Yesterday 

M r Ashfield from the Committee appointed to Examine 
the Treasurers Acco* 8 & Burn the Cancelled money Reported 
the Same as Follows 



D r Andrew Johnston Esq r Treasurer of the Eastern 
Division of New Jersey ^ Contra 



To an Arrear still outstanding 
in S D 

Middlesex 18,,lS,,5i 

To Ditto in 1730 25 



To Sundry Arrears in the In- 
terest money Per Reports in 
1744 & 1747 

Bergen 21 4 9 

Essex 72 6 5| 

Middlesex 38 12 7J 



By the two Deficiencis 
still outstanding in 
Middlesex as $ Report S 
in 1753 43 ,,18,, 

By the Three Deficiencies 
i43,,18,, 5i still outstanding in Ber- 
gen, Essex & Middlesex 
as^DrSide 132,, 3,, 

By Part of the Deficiency 
of 73,, 14,, in the In- 
terest of the 40,000 
(that was reported in 
1753) Still Outstanding 
132,, 3,,10J in Somerset 17,, 0,, 



470 



NEW JERSEY COLONIAL DOCUMENTS. 



[1754 



To the Deficiencies reported 
at Last Settlement to be 
Outstanding in the Interest 
of the 40,000 
In Essex 

(since received) 75 14 5 

Somerset 
(part since reed) 73, ,14 ,, 

To the Three Deficiencies in 
Bergen Occasioned By the 
Miscalculation of 20/ $ An- 
num for three Years, By the 

sd Report now paid in 

To Balance due to the Colony 

as, $ Report in 1753 

1753. To a Tax payable from 

the Eastern Counties on the 

21st of November 175S 

Vizt Middlesex....271 18 1* 

Monmouth..394,, 6,,0 

Essex 233,,11,,4 

Somerset 334 ,,19 ,,3 

Bergen the Quota not raised, 
But Provided for by the New 
Bill for Support of Govern- 
ment. 



149,, 8,, 5 



3,, 0,, 



1234, ,14,, 9J 



By Sundry Vouchers 
Examined, Allowed & 
Endorsed By the Com- 
mittees the 20th Day of 
June 1754 Amounting 
in the Whole to 1110 , 

By Ballance due to the 
Colony 1158, 



7,, 4 
5,, 5 



2461 ,,15,, 



2461 ,,15,, OJ 



By Order of the Committees 

LEWIS M ASHFIELD 
AARON LEAMING 

The said Committees also Proceeded to Inspect and Burn 
the several Bundles of Cancelled Bills of Credit following 
which the said Treasurer Johnston laid Before them ; And 
Agree that Aaron Learning do make the following Report to 
the House of Assembly : 

That there ought to have Been sunk on the 20,000 & 
40,000 Emissions in 1749, 1750, 1751, 1752, 1753, &c 

In the County of Middlesex S D 



On the 20,000 287,, 5,, 

On the 40,000 574 10 for 5 
years 2872 







,,10,, 



3159 ,,15,, 



1754] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



471 



That the Honourable Andrew 
Johnston Esq r Treasurer of 
the Eastern Division Laid 
Before the Committees, five 
Bundles of the Cancelled 
money of said County, which 
were examined and Burnt by 
the s d Comittees Amounting 

to 3159,,15,, 

f a. T) 

* )> ^ 

So that Middlesex has Can- 
celled their full Quota & are 
deficient 0,, 0,,0 

In the County of Monmouth, 
a Deficiency reported in 
1748 914,, 9,, 5 

On the 20,000 423 17 6 

On the 40,000 847 15 for 

5 years 4238 15 

5577,, 1,,11 

Examined & Burn'd By the 
said Committees Twenty one 
Bundles Laid Before them 
By Andrew Johnston Esq r 
Containing 5225,, 9,, 9J 

So that Monmouth is Deficient.. 351 12 1 J 

In the County of Essex 
a Deficiency as reported in 

1748 24,, 8,, 6 

On the 20,000 Emission 340 5 

On the 40,000 680 10 for 

5 years 3402 10 



3767,, 3,, 6 



472 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Examined & Burned By said 
Committees Six Bundles 
Laid Before them by Andrew 
Johnston Esq r Containing... 3658 0,, 

So that Essex is Deficient 109 3 6 

In the County of Somerset 

On the 20,000 97 10 

On the 40,000 195, for 5 

years 975,, 0,, 



1072 ,,10,, 



Examined & Burn'd by the 
said Committees Ten Bundles 
Laid before them By Andrew 
Johnston Esq r Containing... 1072 10 



So that Somerset hath sunk 

their Quota and are De- S D 

ficient 0,, 0,,0 

In the County of Bergen 

On the 20,000 204 15 

On the 40,000 409 10, for 

5 years 2047 10 



2252,, 5,, 

Examined & Burned By the 
said Committees five Bundles 
Laid Before them by Andrew 
Johnston Esq r Containing... 2252 5,, 

So that Bergen hath sunk it's 

Quota And are Deficient. ... ,, 

And these Committees do further report that the seeming 
Impropriety of Monmouth Sinking the above mentioned 
Pence and Farthings, had its rise from there Being three 
Commissioners, their Cancelling their Money Separately, and 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 473 

the Justices and Freeholders in their Certificate Calling it 
the above Sum tho in Fact, there was some Small matter 
more 

By Order of the Committees 

LEWIS M. ASHFIELD 
June 21 8t 1754. AARON LEAMING 

M r Hude from the Committee to whom the Bill Entituled 
an Act for settling the Quotas of the Counties of Morris and 
Sussex in the Provincial Tax's & was Committed reported 
the same without any Amendment 

On the Question put whether s d Bill be read the Third 
time, it Passed in the Negative 

A Message from the House of Assembly in the following 
Words 

Ordered that M r Wetherill & M r Stevens do wait on the 
Council and desire to know if they have any thing before 
them if not that this House Proposes to Apply to his Excel- 
lency for Leave to rise 

M r Wetherill & M r Stevens were desired to Acquaint the 
House of Assembly that this House had Nothing Before 
them 

The House Continued till 



2 'Clock P. M. 
The House Met 

Present 
His Excellency the Governor 

James Alexander ^ 
James Hude 

The Hon ble Andrew Johnston } Esq ri 
David Ogden 
Lewis Ashfield J 



474 NEW JERSEY COLONIAL DOCUMENTS. [1754 

His Excellency having by the Clerk of the Council re- 
quired the Attendance of the House of Assembly they 
Attended when he was Pleased to give his Assent to the Fol- 
lowing Bills 

I. An Act for the Support of the Government of his 
Majesty's Colony of New Jersey, to Commence the Twenty 
first day of May, One Thousand Seven hundred and fifty 
four, and to End the Twenty first day of May One Thou- 
sand Seven hundred and Fifty five, and to Discharge the 
Publick Debts and Contingent Charges thereof and for set- 
tling the Quotas in the respective Counties and Levying a 
Provincial Tax 

II. An Act to Enable the Mayor Recorder Aldermen & 
Common Council of the Free Borough & Town of Elizabeth 
to Build a Poor house Work house and house of Correction 
within the said Borough and to make rules and Ordinances 
for the Goverment of the Same and to repair the Goals of 
said Borough. 

III. An Act for Naturalizing Johannes Doremus Hendrick 
Beuf Hendrick Beuf Junr and Cornelius Parant. 

Then His Excellency was pleased to make y e following 
Speech 

Gentlemen f the General Assembly. 

In Obedience to His Majesty's Commands, I have this 
Sessions laid before You, the Necessity of Your enabling me 
to send Commissioners to meet at the Present Congress at 
Albany, and also to make a Suitable Present to the Indians 
to Continue them our Allies & Friends. 

I have also recommended to You Your doing Something 
to strengthen the Forces raised in Virginia, to repel the 
French out of the Kings Dominions on the River Ohio But 
to all this You have turn'd a Deaf Ear : Neither the Expec- 
tations of His Majesty His Honour & Dignity, the Peace, 
Happiness Safety and Lives of his Subjects, in these his 
Dominions have moved You; But rather than to Give a 
helping hand You seem Willing to Suffer the French to 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 475 

enter into & Possess themselves of a great Tract of Land 
(undoubtedly Belonging to the Crown of Great Britain) and 
tamely to Permit a most Cruel and Barbarous Enemy to 
have it in their Power at their Will and Pleasure to murder 
and Destroy Hundreds of Families in this and the neighbor- 
ing Colonies ; Which most Certainly will be the Case if the 
French are allowed to Continue on the Lands on the Ohio : 
For my Own Part Gentlemen I did not think that one Word 
need Be said, to urge an Assembly on the English Continent 
in America to Exert Themselves on this Occasion ; when it 
is (as I am Credibly Informed) the Voice of almost all the 
Kings Subjects in these his Colonies that something Effectual 
Ought to Be speedily Done on this Occasion. It is True 
Gentlemen You By a resolve of Your House do say that 
when a Well concerted Scheme be made for that Purpose, 
and a General Plan be Laid Before Your House this Colony 
ought to Provide for the Same According to the Circum- 
stances thereof; Can this Be Judged anything But an In- 
tended Evasion; Do You Expect to be Consulted in the 
Scheme or Plan of Operation? Or do You think it is 
Proper to have the several Steps to Be taken against (a 
Vigilant Enemy) made Publick ? You are neither Warriors 
Proper to Be advised with in Times of Action Or are the 
secret Schemes of War to be Published it is enough for 
Assemblies and the People to be acquainted with the General 
Design and the Danger of a Passive Submission to an Enemy 
(all which you have Been acquainted with) and instead of 
making Proper Provision on these Occasions you have treated 
me, as his Majesty's Representative in a most unjust as 
well as insolent manner, And at the same Time Assume to 
yourselves a right Superior to the other Branches of the 
Legislature and Enter into the Province of the Judges of 
the Courts of Law and deny them that right which the Con- 
stitution grants them 

By Your Message of the 12 th Instant And Your Address 
rec d the 14 th You insinuate as if this Colony has Been 
Loaded with Grievances during my Administration ; And 



476 NEW JERSEY COLONIAL DOCUMENTS. [1754 

that all which (except the Sheriff of Hunterdon) have re- 
mained unredressed. I cant call to remembrance any more 
than three which you call Grievances ; being the Cases of the 
Justices of Burlington, the Late Sheriff of Perth Amboy, 
and the Late Sheriff of Hunterdon: In the two first In- 
stances, I applied for Advice of his Majesty's Council thereon ; 
and as to the second, to the Judges of the Supreme Court for 
their Opinion and acted accordingly ; of which You in the 
Time thereof was acquainted, and think You (without 
Assuming the whole Power of the three Branches of the 
Legislature, and also of the Judges of the Courts of Law) 
ought to have acquiesced therewith ; and not so Long after 
upbraid me as the Kings representative, of not Discharging the 
Trust reposed in me and in a rude and threatning manner, 
desire never more to hear any thing from me on that Head : 
The Case of the Sheriff of Hunterdon Being Similar to that 
of the Sheriff of Middlesex, the Advice received on the one 
answered for the other ; and my Removal of said Sheriff, was 
on motives far different from that Suggested by you 

The Complaint of Grievances sounds loud in a Country and 
is often made use of to Support some Designing men in their 
unjust Schemes when in Truth and in Fact, there is not the 
Least Foundation for the Complaint : Do You Expect that 
I must contrary to Advice of his Majesty's Council, the opin- 
ion of the Judges, and my own Judgment, run blindly into 
Your Sentiments? The House of Commons (to whom you 
are Pleased to Compare Yourselves) never attempted to 
stretch their Power (as You have done) that I remember 
when the Government was settled on a good Foundation. 
They indeed have an undoubted Right to complain of the 
Breach of a Law, and desire the matter may be inquired 
into ; and redressed ; But never determine the Thing Them- 
selves, and declare what is or what is not Law ; and I am 
sorry you shoud search into the Times of the greatest Con- 
fusion, for a Precedent to support such a Proceeding : That 
House of Commons voted the King and House of Lords 
useless ; and thereby shewed, that the whole Constitution was 






1754] JOURNAL OF THE PROVINCIAL COUNCIL. 477 

to Bow to the Obstinate Will of the Leaders of that House ; 
Lord Chief Justice Holt, in the Case of the Aylesbury Men 
told the house of Commons the same thing, which You take 
so much amiss to hear from me ; And that August Body, on 
considering the matter, found that he was right, and that he 
had the Concurrent, Opinion Of all the Wise men in the 
Nation to Support him ; This was their Sentiments of that 
Constitution and should be yours. 

And upon the Whole Neither Your informing me of Your 
Being the Givers and Witholders of Rewards, or any other 
matter whatsoever, shall Prevail on me, either to Betray a 
trust reposed in me by his Majesty, or to Swerve from my 
Duty to him or to quit my great desire of promoting the 
Good and safety of the People under my Government and 
their Posterity. 

Your conduct has rendered it absolutely my duty for the 
Honour of His Majesty and the future Well Being of this 
Colony to dissolve this Present Assembly ; thereby Putting 
it in the Power of the Good People of this Province, to show 
how they stand Affected in the Choice of their future Repre- 
sentatives, for the good of the great and Common Cause 
recommended to You this Sessions. 

I Do therefore By virtue of the Power & Authority to me 
given dissolve this Present Assembly ; and You are Accord- 
ingly Dissolved. 

Perth Amboy J. BELCHER 

June 21 st 1754. 

At a Council held at the City of Perth Amboy on Friday 
the 21 st of June 1754 

Present 
His Excellency the Governor 

James Alexander ^ 
James Hude 

The hon ble Andrew Johnston ^ Esq rs 
David Ogden 
Lewis Ashfield J 



478 NEW JERSEY COLONIAL DOCUMENTS. [1754 

His Excellency by advice of Council was Pleased to sign 
the following Warrants. 

N 287 To Himself or Order for a Quarters S D 
Salary due to him as Governor of 
this Province on y e 21 st of May last 250 

288 To Himself or Order for a Quarters 

House rent due y e 21 st of May last 15 

289 To Samuel Nevill Esq r for a Quarters 

Salary as Second Justice of the 
Supreme Court of this Province for 
the Quarter ended the 21 st day of 
May Last 6,, 5,, 

290 To Charles Read Esq r for his Salary 

as one of the Justices of the Su- 
preme Court of this Province due 
the 28 th day of April last 4 13 

291 To Samuel Nevill Esq r Second Justice 

of the Supreme [Court] of New 
Jersey for holding the Circuit 
Courts & Courts of Oyer & Ter- 
miner & General Goal Delivery for 
the following Counties to wit. 

N 291 Hunterdon on the first Tuesday in May 
Cumberland on the 4 th Tuesday in 
May Salem on the 1 st Tuesday in 
June & Gloucester on the Second 
Tuesday tn June 1754 40,, 0,, 

N 292 To Andrew Johnston Esq r for 45 Days 
Attendance in Council at the Last 
Sessions of General Assembly held 
at Burlington Elizabeth Town and 

Perth Amboy 13 10 

293 To Thomas Leonard Esq r for 45 Days 
Attendance in Council at the Last 
Sessions of General Assembly held 
at Burlington Elizabeth Town & 
PerthAmboy 13 10 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 479 

294 To James Hude Esq r for 34 Days At- 

tendance in Council at the Last 
Sessions of General Assembly held 
at Elizabeth Town & at Amboy 10 4 

295 To David Ogden Esq r for 32 days 

attendance in Council at the Last 
Sessions of General Assembly held 
at Elizabeth Town & at Amboy 9 12 

296 To Lewis Morris Ashfield Esq r for 25 

days Attendance in Council at the 
Last Sessions of General Assembly 
held at Elizabeth Town & at Am- 
boy "7,,10,, 

297 To Joseph Warrell Esq r as Attorney 

General of this Province for a Quar- 
ters Salary for the Quarter Ended 
the 21 st of May Last 7 10 

298 To Andrew Johnston Esq r for a Quar- 

ters Salary as one of the Treasurers 
of this Province for the Quarter 

ended the 21 st of May Last 10 

N 299 To Samuel Smith Esq r for a Quarters 
Salary as one of the Treasurers of 
this Province for the Quarter ended 
the 21 st day of May Last 10,, 0,, 

300 To Charles Read Esq r for a Quarters 

Salary as Clerk of the Council for 
the Quarter ended the 21 st day of 
May Last 7 10 

301 To Abraham Clark Jun r for 13 days 

Attendance as Clerk of the House 
of Representatives at a Session of 
General Assembly at P. Amboy & 
Elizabeth Town in April 1754 Also 
One Pound five shillings for Copy- 
ing the Votes for the Printer & 
recording the Same 6,, 9,, 



480 NEW JEKSEY COLONIAL DOCUMENTS. [1754 

302 To John Smith or Order for a Quar- 

ters Salary as Clerk of the Circuits 

due y e 21 st day of May last 5,, 

303 To Thomas Fox for the use of a Room 

Firewood & Candle 18 days in Jan- 
uary 1752 for the Assembly 3 17 2 

304 To Jonathan Thomas for the use of a 

room fire and Candle for y e Assem- 
bly at Several former Sittings at 
Burlington 7 also for 
Thomas Rogers for firewood hereto- - 
fore delivered for the Assembly 18/ 7 18 

The above is a True Copy of the Minitts of Council for 
the Province of New Jersey Compared & Examined by me 

CHA READ D Secr y 



A Journal of the Proceedings of Council at a Session of 
the General Assembly begun and holden at the City of Perth 
Amboy on Tuesday the first day of October 1754 

Present 
The Hon ble James Hude ~\ 

Andrew Johnston > Esq rs 
Peter Kemble J 

The House Continued till 

Wednesday Octob 1 2 d 1754 
The House Met Present the Same 
The House Contin d Till 

Thursday Octob r 3 d 1754 
The House Met Present the Same 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 481 

His Excellency the Governor came into Council & having 
by the Dep y Secretary informed the House of Representatives 
That he was Ready to receive the Presentation of their 
Speaker they attended & Presented Robert Lawrence Esq r 
for their Speaker of Whom His Excellency approved. 1 

After which His Excellency was Pleased to make the fol- 
lowing Speech to Both Houses. 

Gentlemen of the Council, and of the General Assembly. 

The Bold and unwarrantable Incroachments of the French 
(with their Indians) upon His Majestys Lands, on the river 
Ohio with their Invading the Kings Territories, even from 
South Carolina to Nova Scotia, together with their Barbar- 
ous Depredations, and Murders of His Majesty's Subjects, 
has been the Chief Reason of my Calling you together at 
this Time, When I Hope you will See the Absolute Neces- 
sity of the Strictest Union among all His Majestys Provinces 
& Colonies not only for the Common Defence, but also for 
the s d Better Safety & Wellfare of each Particular Province 
and that You will Now Join with the Neighbring Govern- 
ments and Cfc^irfully exert yourselves in raising Men & 
Money for Repelling the French & for Driving them from 
the Continual Inroads they are making upon the Kings 
Lands & People ; And these things You Can be no Strangers 
to, while We have repeated & Undoubted Accounts of their 
Constantly alarming the Frontiers of His Majesty's Provinces 
from their most Southerly to their most Northerly Bounds ; 
I therefore Hope & have no Doubt but that these things will 
fire you (and every true English Heart) with a becoming In- 

1 The members of the Nineteenth Assembly were as follows : Perth AmboyJohn 
Stevens, John Johnson; Middlesex Samuel Nevill, John Wetherill ; Monmouth 
Robert Lawrence, James Holmes ; Essex John De Hart, Richard Bradbury ; Bergen 
George Vreeland, Rinear Vangieson ; City of Burlington Ch&rles Read, Samuel 
Smith ; County of Burlington Barzillai Newbold, Henry Paxon ; Gloucester John 
Ladd, Samuel Clement; Salem William Hancock, Ebenezer Miller; Cape May 
Aaron Learning, Jacob Spicer ; Somerset Hendrick Fisher, Jacob Hoagland ; Hun- 
terdon Joseph Yard, Peter Middah. Of the foregoing, John Johnson died and 
Andrew Smyth succeeded him ; Jacob De Hart retired and Robert Ogden took his 
place ; Richard Bradbury's seat was vacated, and was filled by John Ogden ; Bar- 
zillai Newbold died and was succeeded by Samuel Stokes. Proceedings of N. J. Hist. 
Soc., V.,31. 

31 



482 NEW JERSEY COLONIAL DOCUMENTS. [1754 

dignation against the very Extraordinary Proceedings of the 
French Contrary to the Law of Nations, & in open Viola- 
tion of the Treaties of Peace between the Crown of Great 
Britain and the French King and to which the French 
ought to have a just & Sacred Regard. 

The present Melancholy Situation of many of our Neigh- 
bours requires your speedy and human Regard towards them ; 
Nor must you, Gentlemen, imagine Yourselves Exempted 
from these cruelties and barbarities ; No ! if there be not an 
Effectual Stop put to them you may Soon Expect the Enemy 
on your Own Borders : I Therefore Lately sent by Express, 
my Orders to the Colonels of the Several Regiments in the 
Province, to muster them, & to make a Thorough Inspec- 
tion, that Officers and Men be furnished with Arms and 
Ammunition, as the Law directs & so may be ready for Ser- 
vice upon any Sudden Occasion. And here I think proper 
to say, that it Seems Necessary to revise the Militia Act, and 
to amend and Strengthen it, so as to Answer the End and 
Purpose for which it was made ; and this to be done more 
especially at this Critical Juncture. 

I have now also Ordered to be laid before you a Plan for 
the Union of the British Colonies on the Continent of 
America as Agreed on in the Congress of the Commissioners 
from a good Number of the Kings Provinces lately held in 
the City of Albany ; together with a Particular Account of 
the Several Conferences held with the Six Nations and other 
Indians at the said Congress. These things you will well 
deliberate upon and do therein as you Shall judge reasonable 
and Necessary 

Gentlemen of the General Assembly, 

What I have now mentioned, must of Course be attended 
with Considerable Charge ; and as the Provision for it most 
Properly Originates with You, I hope not only for the Kings 
Honour and Interest, but for the Safety and Wellfare of the 
People you Represent you will give the Needful Dispatch 
to everything to be done on Your part ; and a Ready Instance 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 483 

of your Duty in this Respect will Recommend you to the 
Royal Grace & Favour of the Best of Kings 

Gentlemen of the Council & of the General Assembly 
I am Sensible it will Soon be a Very busy Time in Your 

Private Affairs; When you have therefore gone through 

what I have now Laid before you, I shall be willing to give 

you such reasonable Recess as you may desire 

J. BELCHER 
Perth Amboy Octob r 3 d 1754 

His Excellency withdrew and the House Continued till 

Friday Octob r 4 th 
The House Mett 

Present 
James Hude ") 

Andrew Johnston ! 

The Hon . T ^ 1 1 f Esq w 

Peter Kemble 

Thomas Leonard J 
The House Cont d till 

Saturday Octob' 5 th 1754 
The House met Present as Before 
The House Cont d till 

Monday Octob r 7 th 
The House mett Present 



The Hon ble James Alexander 
James Hude 
Andrew Johnston [ Esq r 
Peter Kemble 
Thomas Leonard 

The House Cont d till 



484 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Tuesday October 8 th 
The House met Present the Same 
The House Cont d till 

Wednesday Octob r 9 th 
The House met Present the Same 
The House Cont d till 

Thursday Octob r 10 th 
The House met Present the Same 
The House Cont d till 

Friday Octob 1 11 th 
The House met Present as above 
The House Cont d till 

Saturday Octob 1 12 th 
The House met Present 

The Hon ble James Alexander ^| 
James Hude 

Andrew Johnston )> Esq rs 
Peter Kemble 
Thomas Leonard J 

The House Cont d till 

Monday Octob 1 14 th 
The House mett Present as above 
The House Contin d till 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 485 

Tuesday October 15 th 
The House mett Present 

The^Hon ble ;james Alexander ^| 
James Hude 

Peter Kemble }> Esq" 
Thomas Leonard | 
David Ogden 

M r Vreelandt <fc M r Yard from the House of Assembly 
Presented for the Concurrence of this House a Bill intituled 
an Act for Naturalizing Henry Graaf and Others which Bill 
was read the first Time & Ordered a Second Reading 

The Petition (^Certificate of their having taken the Quali- 
ficationslrequired*by Law were read 

The House Continued till 

Wednesday Octob r 16 th 

The House met 

Present the Same 

The^Bill^entitled an Act for Naturalizing Henry Graaf & 
others was read a Second Time & Committed to the Gentle- 
men of the Council or any three of them 

The House Cont d till 

Thursday Octob r 17 th 1754 
The House met Present 

The Hon ble James Alexander ^ 
James Hude 
Andrew Johnston I 
Peter Kemble 
Thomas Leonard 
David Ogden J 



486 NEW JERSEY COLONIAL DOCUMENTS. [1754 

M r Kemble from the Committee to whom was Committed 
the Bill Entituled an Act for Naturalizing Henry Graaf & 
others reported the Same without any Amendment 

Ordered that the said Bill be read a third time And on the 
Question 

Resolved that the Same do pass 

Ordered that the Speaker do Sign the Same 

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

M r Read & M r Learning from the House of Assembly 
Presented for the Concurrence of this House a Bill entitled 
an Act to Empower the Justices of the Supream Court of 
the Colony of New Jersey to appoint Commissioners in the 
Several Counties of the Same for taking Bail & other Pur- 
poses therein mentioned which Bill was read the first time & 
Ordered a Second Reading 

The House Continued till 

2 P. M. 

The House met 

Present as Before 

M r Kemble Reported that he Had Obeyed the Order of 
the House. 

The Bill entituled an Act to Empower the Justices of the 
Supreme Court of New Jersey to appoint Commissioners & 
was read the Second Time and Committed to the House or 
any three of them. 

A Message from the Assembly by M r Read M r Miller M r 
Fisher & M r Hancock with a Draft of a Bill for making 
Current 70,000 &c. and of a Petition to his Majesty on 
that Behalf & desiring that this House will Please to give 
their Sentiments thereon to His Majestys Ministers in such 
manner as shall be most agreable to them. 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 487 

And the Drafts of said Bill and Petition were Head and 
the House taking the Same into Consideration are of Opinion 

That the making Current 70,000 in Bills of Credit at 
this Time in this Colony woud be very agreeable to the In- 
habitants in General and We Conceive it to be the only Prac- 
ticable method at this Time for raising money to Assist His 
Majesty in defending His Territories in America without 
Laying a Heavy Burden on the People of this Colony in 
raising money by Additional Taxes 

That We Agree with the House of Representatives in their 
Sentiments of the Necessity of making the Bills of Credit a 
Lawfull Tender for Payment of Debts as all Bills of Credit 
hitherto Current in the Plantations have Been and without 
whjch we are of Opinion that the Whole Intent of the Bill 
will be Defeated 

We Shoud have Been Glad to have found Some of the 
Monies of s d Bill which are not appropriated for future Ses- 
sions for His Majesty had Been applied for the Purchasing of 
Arms & Ammunition to be in readiness in Case of an In- 
vasion and for the Defence of this and the neighbouring 
Colonies 

Ordered that M r Leonard and M r Ogden do Carry back 
the said Draught of a Bill & Petition with the above Senti- 
ments of this House concerning the Same. 

The House Cont d till 

Friday Octob' 18 th 1754 
The House met 

Present 

The Hon ble James Alexander 
James Hude 
Andrew Johnston 



Peter Kemble 
Thomas Leonard 
Richard Saltar 
David Ogden 



Esq r 



488 NEW JERSEY COLONIAL DOCUMENTS. [1754 

M r Ogden from the Committee to whom was Committed 
the Bill Entitled an Act to empower the Justices of the 
Supreme Court of the Colony of New Jersey to appoint 
Commissioners in the Several Counties of the same &c; 
reported the Same without Amendment 

Ordered the s d Bill be read the Third Time And on the 
Question Resolved that the same do Pass 

Ordered that the Speaker do sign the Same 

Ordered that M r Ogden do acquaint the House of Assem- 
bly Therewith 

The Minutes of the Proceedings of the Lieutenant Gov- 
ernor and Council of the Colony of New York & of the 
Commissioners from Several of the Colonies on the Continent 
of America at the Congress held at Albany in the Months 
of June and July last have Been under the Consideration of 
this House during this Session and this House is of Opinion 
that the Representation of July 9 th in the said Minutes is a 
just & true Representation of the State of the British Colo- 
nies in America and that an Union as the said Representation 
Concludes is absolutely Necessary not only for the well being 
but for the Continuing the very Existence of the British Colo- 
nies in America 

As to the Plan of Union entred in the said Minutes on 
the 10 th of July 1 it must be left to His Majesty and the 
British Parliament to Establish such Plan for that Purpose 
as they in their Great Wisdom shall think most fitting and 
all that Can be said on that Head in America can only be to 
serve as Hints to them for their Consideration 

We are Strangers to the Reasons the Commissioners had 
for placing the Power of this Union in two Branches of 
Legislature but we humbly conceive that the Power being 
plac'd in three Branches whereof two to be Constituted 
according to the Plan of the Commissioners and a third 
Branch Chosen by the Councils of the several Colonies and 
to Consist of one Half or a third of the Number of the 

1 See documents relating to the Colonial History of the State of New York, Vol. 
VI., 889. 



1754] JOURNAL OF THE PROVINCIAL COUNCIL. 489 

General Council would be more Safe and agreeable to the 
Constitutions of Great Britain and of most of the British 
Colonies 

Resolved that an humble Address be Presented to His 
Excellency thanking him for his Speech & for laying before 
us the Minutes at the Congress af d referring him for our Senti- 
ments thereon to the above Minutes and Praying him to Lay 
the Same before His Majestys Ministers 

And the said Address was drawn and Being Approved of 
was fairly transcribed & Signed by the Speaker 

Ordered that M r Saltar do acquaint the Assembly that this 
House requests the Minutes of the Congress at Albany now 
Before that House. 

A Message from the Assembly by M r Hancock & M r 
Dehart Desiring to know if this House have any Thing before 
them, if Not that the Assembly propose to apply to His 
Excellency for Leave to rise as soon as they have Presented 
their Address 

A Message from the House of Assembly in the following 
Words 

Ordered That M r Learning & M r Yard do wait on the 
Council with the Minutes of the Congress at Albany and 
acquaint them that Whereas the House are of Opinion that 
the said Minutes should Be annexed to the Minutes of the 
House and Printed therewith to Obviate Some Unwarrant- 
able Rumours that Prevail throughout the Colony and We 
have said Something to this Effect in our Address to be Pre- 
sented to the Governor and as the said Minutes are very Long 
and we have Been otherwise deeply engaged and not knowing 
whether the Council wou'd Call for them or not have there- 
fore omitted taking any Copy thereof which will be Neces- 
sary in Order to enable us to be Consistent with ourselves 
Therefore in full Confidence that the Council will Suffer our 
Clerk to take a Copy of those Minutes We have transmitted 
them herewith agreeable to their Request by M r Saltar 

The House Cont d till 



490 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Monday Octob r 21 st 1754 
The House met 

Present 
The Hon b1 ' James Alexander -) 

Andrew Johnston > Esq res 
Kichard Saltar j 

Ordered that M r Saltar wait on His Excellency to know 
When he will be Pleased to receive the Address of this 
House 

M r Saltar Reported that His Excellency was Pleased to 
Say he wou'd Send Notice to the House 

A Message from His Excellency by the Dep y Secretary. 

M r Speaker His Excellency is now ready to receive the 
Address of the Council ; Whereupon the Speaker waited on 
His Excellency and Delivered the Address of this House as 
follows 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of New Jersey and Territories thereon Depending in America 
Chancellor and Vice Admiral in the Same &c 

The Humble Address of His Majesty's Council for the 
Province of New Jersey 

May it Please your Excellency 

We beg Leave heartily to thank your Excellency for your 
favourable Speech to both Houses at the Opening of this 
Sessions and for Laying before us the Minutes of the Pro- 
ceedings of the Lieutenant Governor and Council of the 
Colony of New York and of the Commissioners from Several 
of the Colonies in the Continent of America at the Congress 
lately held at Albany which have been under the Considera- 
tion of this House and our Sentiments thereon we hare 
Entred on our Minutes a Copy whereof is hereunto Annexed 



1754] JOURNAL OP THE PROVINCIAL COUNCIL. 491 

which we humbly pray your Excellency, to Transmitt to his 
Majesty s Ministers 

By Order of the House 

J ALEXANDER Speaker 
October 18: 1754 

Then His Excellency Ordered the Deputy Secretary to 
Inform the House of Assembly that he was in the Council 
Chamber ready to receive the Address of that House 

The House of Assembly Attended and the Speaker deliv- 
ered the following Address to the Governor 

To His Excellency Jonathan Belcher Esq r Captain General 
and Governor in Chief in and over His Majesty's Province 
of New Jersey and Territories thereon Depending in America 
Chancellor and Vice Admiral in the same & 

The Humble Address of the Representatives of said Prov- 
ince 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, in General 
Assembly Met beg leave to Acquaint your Excellency, that 
we have taken the Encroachments of the French (with their 
Indians) upon His Majesty's Territories into our most Serious 
Consideration. 

We can Truly say, we want not arguments, to Convince us 
of the Absolute Necessity of the Strictest Union among all 
his Majesty's Provinces and Colonies for the Preservation of 
the whole and on our part, have Endeavoured to Cultivate 
Such an Union of Contributing our Endeavours in the best 
Manner the Circumstances of this Colony will Admit. Your 
Excellency must be Sensible, that the Scarcity of a Currency 
in this Colony at this time makes it very difficult for the 
Inhabitants to Exert themselves as fully as the Exigency of 
the times seems to require ; And therefore we Cannot doubt, 
but the Measures we have fallen upon, not only to give a 
handsome Sum to the Kings Use at present but to provide a 



492 NEW JERSEY COLONIAL DOCUMENTS. [1754 

Fund to do it hereafter, in case of a Like Necessity will 
Prove agreeable to your Excellency and all Concerned. 

We have duly considered the Militia Act now in Force, 
and are of Opinion it will Sufficiently answer the Purposes 
Intended by it 

We have also taken into Consideration, the Plan for the 
Union of the British Colonies on the Continent of America, 
as agreed on in the Late Congress at Albany ; and are Sorry 
to Say we find things in it, which if carried into Practice 
would affect our Constitution in its very Vitals and for that 
reason we hope and believe, they will never be Countenanced 
by a British Legislature 

We thank your Excellency, for the Care and Concern you 
have Shewn in the Several Matters Recommended to us, and 
we hope, the Unanimity and dispatch with which they have 
Severally been Treated in this House will recommend our 
Determinations and be agreeable to your Excellency 
By Order of the House 

ROBERT LAWRENCE 

Speaker 

Several of the Members being of the Peo- ^| 
pie called Quakers agree to the Substance of [ 
this Address with their Usual Exceptions to f 
the Stile j 

Then His Excellency Gave his Assent to a Bill Entitled 
An Act to Naturalize Henry Graaf and others, and then 
Proroged the General Assembly to y e 22 d of November next 

The Honourable Andrew Johnston Esq r Colonel of the 
Regiment of Foot Militia of the County of Middlesex 
Informed his Excellency and the Board that Albert Skink a 
Captain of the Company to be raised in the Town of New 
Windsor in the County of Middlesex had been Served with 
an Order to Appear in Arms with his Company at Amboy 
at the General Muster of the said Regiment there on Thurs- 
day the 3 d day of October 1754 and that he had Designedly 
Omitted and refused to appear with his Company in Arms 
at the General Muster afores d 



1754] JOURNAL OP GOVERNOR AND COUNCIL. 493 

His Excellency & Council taking the same into Considera- 
tion and being Sensible how much such a Disobedience woud 
destroy the good Order of the Militia and Weaken the Force 
of the Province 

Ordered that an Information be preferred against the Said 
Albert Skink for the Same and that the Attorney General be 
Served with a Copy of this Order. 

A true Copy from the Original Minitts of Council 

Compared by CHA READ D Seci y 



At a Council held at Elizabeth Town on Friday the 22 d 
of November 1754 Present his Excellency Jonathan Belcher 

Esq r Gov r 

James Alexander 
James Hude 



The Honourable 



Andrew Johnston 
Peter Kemble 



Esq" of his 
Majestys Council 



Richard Saltar 
David Ogden 

His Excellency Delivered a Speech to His Majesty's Coun- 
cil Which was as followeth Viz* 

Gentlemen of his Majestys Council 

Since we were last Together I have Received from the 
Right Hon ble The Lords of Trade and Plantations a Letter 
Dated the 5 th of July last, 1 wherein I have the following Para- 
graphs and which in Duty to his Majesty and from a Tender 
Regard to his good Subjects of this Province, I think Proper 
to Communicate to you, and to have your most Mature advice 
upon them Viz* 

" It gives us great Pleasure to find by your Letter of 8 th 
" of August 2 last that the Province is in so Peaceable a State 
" with Respects to the Riots and Tumults by which it has of 
" late Years, been so greatly Disturbed ; we intirely Agree 
" with you, that if the Proprietors, would Avail themselves, 

1 Printed in full in N. J. Archives, VIII., Part I., 294. 



494 NEW JERSEY COLONIAL DOCUMENTS. [1754 

" of this Peaceable Disposition, to bring on their Actions, of 
" Trespass, and Ejectment, The Points upon which these Dis- 
putes, and Riots, have Arisen, might come to a Final, 
" Determination, and we desire you will Urge this Point, to 
" The Proprietors, in the Strongest Manner you can, & that 
"you will give, Proper Directions, to the Kings Attorney 
"General, to Prosecute such Rioters, as have been appre- 
" hended, and lye under Bonds, that appearing to us to be a 
" very Proper, & Necessary Measure, if the Colony is in that 
" State, of Peace, & Tranquility, as you Describe it to be : 

" It gives us great Concern, to find by your Letter of the 
" 28 th l of December that any Riots and Outrages, have been 
" Committed on Ace* of the Dispute Between N. York and 
" N. Jersey relative to the Line, we think it highly Necessary 
" for the Preservation of the Peace, that some Temporary Hoe 
" of Jurisdiction, should be Established by His Majestys Au- 
" thority, untill The true Line, Properly can be ascertained, 
" and we shall shortly take this Matter, into Consideration, 
"and lay our Thoughts upon it before his Majesty in the 
"Meantime we Earnestly recommend to you, as we have 
"Already done to the Governour of New York, to take 
"every prudent & legal Method, to Preserve, Peace, and 
" Quiet among his Majesties Subjects 

I say again as these Matters, so greatly,^and so Nearly, 
Affect The Weal and Tranquility of this Province, as well as 
the Properties of Many of the Inhabitants (& others) I desire 
your most Deliberate Consideration of them, and then, to 
give me your Answer hereto 

Council Chamber J BELCHER 

Nov r 22 d 1754 

Ordered that it be referred to a Committee to Consider of 
his Excellencys Speech & make their Report thereon & also 
to Enquire what Proceedings have been Concerning the Line 
of New York and this Province since The Report of this 
Board of the 22 d of August Last 

^th? Ibid. 192. 



1754] JOURNAL OF GOVERNOR AND "COUNCIL. 495 

Saturday 23 d Day of Nov r 1754 
Present as Yesterday 

In answer to his Excellencys Speech of Yesterday the Com- 
mittee by David Ogden Chairman Reported as Followeth 

May it Please your Excellency. 

We having Considered the Matter, Yesterday referred to 
us by your Excellency are Humbly of Opinion, that, That 
part of the Letter from the Right Hon ble the Lords of Trade 
and Plantations, Relating to the Proprietors is Very Proper 
to be Laid before them, who we Doubt not will give full 
satisfaction for their Conduct in those Matters 

We find by former Minutes of this Board that great care 
was had to enquire of the Magistrates and other Principal 
Men Living in the Country where the Chief of the Rioters 
resided whether Courts for their Tryals could be held with 
Safety and Whether Judgm* 8 Against them could be Carried 
into Execution, who were then of Opinion that Neither 
Could be done, as the Prosecution against The Rioters at 
this time by reason of the Disturbances on the line Between 
New York and us, May be very fatal to the Peace of this 
Colony in case the Rioters, should again oppose the Authority, 
we think it most Prudent at Present to'omitt ordering Prose- 
cutions ag st Them, and by the Next Meeting of this Board, 
we may be informed of their Tempers, and Spirrits, and 
thereby be better Enabled, to advise Your Excellency thereon 

We are heartily Sorry that the Several Steps Taken by 
your Excellency ; this Board, and the Council, of Proprietors 
of East New Jersey, with his Hon r the Lieu* Governour of 
New York, his Council, and those Concerned, in that Col- 
ony, for Preserving, the Peace, and Setling the line, Men- 
tioned, in the Proprietors Memorial N 8 & 15 Untill the 
true line, should be fixed, by Commissioners, to be appointed 
by his Majesty, have hitherto proved, altogether ineffectual, 
we think it very strange, that no reasons, have been Assigned, 



496 NEW JERSEY COLONIAL DOCUMENTS. [1754 

to your Excellency, by his Honour M r De Lancy, why those 
Proposals were not agreed to, on the Part of New York, 
we are in hopes no Private Application is making, to the 
Right Hon ble the Lords of Trade, [and] Plantations, to have a 
Temporary line Setled to the Prejudice of great Numbers, of 
his Majesty's Subjects, in this Province, as it w d Undoubtedly 
be, in case, a Temporary line, should be fixt, Differing from 
the line of Observation in 1719 

And whereas The Pretences of New York as to the Bounds 
of New Jersey, on Delaware River, are so Various, as by the 
New York Attorney's to be pretended, to Little Minisinks 
Island, above 30 Miles below the Latitude of 41 40 Dis- 
covered in 1719, by the Council of New York, about 50 
Miles, below said Latitude, by the Lieutenant Governour of 
New York, about 80 miles, by the Assembly, of New York, 
to some place, they know not where, but so that it includes 
Minisinks, a Country, of Large Extent, Whereof the Great- 
est Part is in New York, and the Smallest Part of it in New 
Jersey, which Smallest Part, extends about 50 Miles on Dela- 
ware, below the Latitude of 41 40 Discovered in 1719, 
And they have, Desired, the Lieutenant Governour of New 
York, to exercise the Jurisdiction, of New York, as far 
Southwards as those Bounds, as by their Votes of October 
29 th & Nov r 8 th last, appears 

And whereas by the Memorial, and other Publications, of 
the Council, of Proprietors, of East New Jersey ; long Pub- 
lished, & Particularly by N 16, it appears to be Averred, & 
not hitherto Denyed, by New York, that from the Latitude, 
of 41 40 Discovered, on Delaware in 1719 Along, a Line, 
to the Latitude of 41 on Hudsons River, by the Observa- 
tions of 1719. All the Settlements, South Westwards, of 
that line were Originally made, under New Jersey Title, and 
so have been, ever Held, with a very few Exceptions, and for 
45 Miles thereof, from Delaware Without any Exception, 
now, but of Two Plantations, Whereof one was Taken from, 
the New Jersey Owners, by force, and the Other was Setled 
but last Year, and for other 16 Miles of the said Line, to wit 



1754] JOURNAL OP GOVERNOR AND COUNCIL. 497 

abreast of Cheescocks Patent, without any one Exception, 
which with said 45 Miles Make 6 1, of the 75 Miles, the whole 
Length of that Line, and should the Desires of the Assembly of 
New York, be put in Execution, Many Hundreds, if not Thou- 
sands, of Familys, of New Jersey, May be Subjected to New 
York, to their Utter Ruin, And Whereas The Protection of 
the People, Settled under, the Jurisdiction of New Jersey Is 
by his Majestys Commission, Committed to your Excellency 
and thereby, we Humbly conceive (as far as in your Power is) 
they ought to receive, that Protection against, the Invasion, 
Desired as aforesaid. And Whereas we have, great reason 
to believe, as well from the above Proceedings of New York, 
as from the Affidavits of Colonell Dekey, of October 24 th 
that one or more Invasions, will Speedily, be upon the People, 
Setled under & Yielding Ohearfull Obedience, to this Prov- 
ince, Southwestwards of the said Line By the Observations 
of 1719. Wherefore we are humbly of Opinion, that Your 
Excellency, should Acquaint Abraham Van Camp, Colonell 
of the Regiment of Militia, and Judge of the County of 
Sussex, with the Premisses, with orders to him, to acquaint 
all Officers, Civil & Military, Within the said County, with 
the Same, and that th'ey be Diligent in their Several Duties, 
for the Protection of the People Setled under, & Yielding 
Obedience to New Jersey, Southwestwards, of the said Line, 
by the Observations of 1719 but at the same time that they 
be Carefull not to Disquiet any Persons, Setled under New 
York, North Eastwards of the said Line nor Even those, who 
have Setled South Westwards of the said Line, And do Yield, 
obedience to New York, tho Within this Province, untill 
further Orders 

And we are further of opinion that your Excellency send 
To the Lieutenant Governour of New York, a Copy of your 
Excellency s orders To Colonell Van Camp, hoping that he 
will give, the Like orders in Orange County And that 
thereby, the Peace of both Provinces, may be Preserved, 
which in Our Opinion, according to the advice of the Lords 

32 



498 NEW JERSEY COLONIAL DOCUMENTS. [1754 



of Trade, to your Excellency, is the most Prudent & Legal, 
Method, to Preserve, Peace & quiet Among his Majestys 
Subjects 

Council Chamber at ^ By order of the 
Elizabeth Town Nov r i Committee 

23 d 1754 ) DAVID OGDEN 

Chairman 



Which being read was approved of by his Excellency & 

this Board 

The Hon bu James Alexander Esq r Withdrew 

Then David Ogden Esq r from the Committee reported as 

follows 

May it Please your Excellency 

In obedience to your Excellencys order iq Council, referring 
to us to enquire what Proceedings have been Concerning the 
Line, of New York and this Province, since The Report of 
this Board, of 22 d of August last we find that two Printed 
Copys of N 16 & 17 Annexed, to the Memorial, together 
with your Excellencys Letter, Accompanying them, were 
Delivered to his Honour the Lieutenant Governor of New 
York, on Tuesday the 3 d day of September last, and that the 
following week, many other Copys were also Delivered, to 
Several of the Gent, of the Council, and of The Assembly 
of New York & that no Reply thereto has been Hitherto 
made 

We also find a Report of the Assembly of New York of 
the 29 th of October last, and that they, sent a Messuage, of 
their Result thereon, to the Lieutenant Governour, of New 
York, as by the Minutes of the Assembly of the 8 th of 
November, but as we have hitherto declined, Judging any- 
thing of the Merits of the Controversy Concerning the Line, 
we are humbly of Opinion, that those papers, be referred to. 
the Council of Proprietors, to take such Notice of them as to 
them shall seem meet : however we beg leave to make this 
one remark, that the Sundry Pretences of New York, con- 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 499 

<*rning the line have been from Time to Time, Answered by 
New Jersey, but to any of Those Answers, no replication to 
our Knowledge, has ever been made, on The part of New 
York ; but many things before fully answered, of New again 
Advanced, as if they had never received an Answer, and in 
Particular we remark that the Pretences by N 1, 2, & 3, in 
1719 were in every point Answered by N 4. The Pretences 
of the Assembly of New York of June 28 th 1753 Appear- 
ing by Article 38 of the Memorial were Answered by the 
Memorial, The Pretences of Feb rr 4 th last by N' 12 were 
Answered by N 13, The Pretences, by the Report, of the 
Council of New York, of March 4 th Last, and of the Lieu- 
tenant Governour of New York, of March 15 th were in Sub- 
stance Answered by N 16, and these are all the Pretences 
That have to Our Knowledge, been Publickly advanced, by 
New York, before the 29 th of October last, <fc all Answered 
but no one reply has been to any one of those Answers, 
& as to the Report of the Assembly of New York of October 
the 29 th it seems a Compound of the former Pretences, which 
have been Answered, & it Seemeth Quite Inconsistent with 
itself, as it avers Minisink, a Place which is well Known to 
Extend, about 50 Miles Southward of the Latitude of 41 40, 
on Delaware to be in New York, & Yet allows the Latitude of 
41 40 to be the Boundary thereof on Delaware, and tho it 
be Averred by N 16 & not Denyed, that no one Settlement 
was ever made by New York, in that Small Part of Mini- 
sink that is Southwards of the Line, by the Observations of 
1719 but all the Settlements There were Originally, made 
under New Jersey Titles ; & that New York Never Acquired 
Possession of more than four Plantations there, & all those 
by fraud force or Violence, and three of those have Sub- 
mitted, and Made Satisfaction, and only Jacobus Swartwoat 
remains Claiming under New York, who by force Ousted 
Westfalls, who were possessed as in Articles 16 to 19 of the 
Memorial. 
We shall now say no more on that Part of the Report of 



500 NEW JERSEY COLONIAL DOCUM'ENT&. [17541 

the Committee which we Conceive relates to the merits of 
the Controversy between the two Provinces, but as Colonell 
Dekey, thought it Proper unnecessarily to lay before the 
Committee, & they to report to the House the Subject Matter 
of a Private Conference, between M r Alexander & him, very 
Much to the Disadvantage of the former we thought it our 
Duty to make a Strict enquiry into the Matters Contained in> 
this Part of the Report, & Accordingly we find by M r Alex- 
anders Declaration, upon Solemn Oath that he is now about 
Sixty four Years of Age & that he, about 12 or Fourteen 
Years ago, began, and has ever since Continued to Enter in 
a Day book or Journal, the Substance of all such his Trans- 
actions, the Remembrance of which he thought Usefull to 
Preserve that having had two Several Conferences, w th 
Tho 8 Dekey on the Eleventh & Twelfth Days of September 
last, he agreeable to his said Custom, as soon as the said 
Dekey Departed from him, Immediately Minuted in his said 
Journal the substance of all that he thought Material which 
had Passed in the said Conferrences After Perusing the said 
Affadavit M r Alexanders Journal was then, Produced, & 
Laid before us, and upon inspecting the Entries of the Sub- 
stance of the said Conferences, which tho, they appear to 
have been Written as Memoranda for Private use, are Never- 
theless Very Legible & fair & Entered in the Regular order 
of time, having Minutes of other Transactions as well, pre- 
ceeding, as Succeeding, them. We find it appearing by the 
said Entries, that upon Tho 8 Dekeys Proposal of Agreement, 
M r Alexander Answered that he had no Power to agree with 
him, but that Richard Gardiner had his Power, & the Power, 
of the other Proprietors, Concerning their Affairs near the 
Line of Division, between the two Provinces (which by the 
way is Clearly Manifested to us to have been true, by Oath 
made now before us, of the Hon ble And w Johnston Esq r Presi- 
dent of the Council of Proprietors of East New Jersey) 
that thereupon Colonell Dekey, requested M r Alexander to 
Inform him what Powers Richard Gardiner had & that in 
Complying with, this request, the Conversation at the first 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 501 

'Conference Chiefly Consisted, that upon Colonell Dekeys 
Alledging, that the Minisink & Wawayanda Partners, had 
Lately made application to the Assembly, for the charge of 
Setling the Line, M r Alexander answered he Doubted That 
very much, for that if it was of a piece, with their Late 
Application To the Lieutenant Governour & Council it was 
for Money as he Supposed to Defray the Expence, of Batling 
with New Jersey, & this Expression Possibly might have led, 
Col 1 Dekey into what he has Declared about Fighting for 
New Jersey ; but however that might have been, this is Cer- 
tain, that Nothing to that Purpose, Neither Threats nor 
offers Appear in M r Alexanders Journal Entries, but that on 
the Contrary M r Alexander told him that, if the Lieutenant 
Governour & Council of New York, would recommend it, to 
the General Assembly to Provide Money, for Defraying half 
the Charge, of his Majestys Commission to be obtained for 
Setling the Line, or that if Private Persons would give 
Security for that Purpose, as requested in the Proprietors 
Publications by N 15 he believed the Proprietors would 
Consent to stay the Proceedings at Law, to Procure which 
he would use his Endeavours, & herewith Col 1 Dekey's own 
affadavit of Septem r 16 th (which was laid before the New 
York Committee of the General Assembly, a Copy whereof 
we have before us) Doth Nearly Agree, upon which we beg 
Leave to Declare that we are very Sorry That, that part of 
Colonell Dekeys Affadavit, should so far Escape the Notice of 
the Committee, as to be left out of their Report, as well because 
it would have Corroborated M r Alexanders Journal Entries, as 
have Discovered the Continuance of his Desire (so often ap- 
parent in the Printed Papers) of the Proprietors) to Concert 
Methods of Peace, & the Speedy Settlement of the Dispute, 
between the Two Provinces, we are also Sorry That the Report 
of the Committee should without any Evidence, Insinuate That 
the Attack upon Colonel Dekey, Mentioned in his Affadavit 
of Octob r 24 th (a Copy whereof we have also before us) was 
made in Consequence of the Conferrences, that had Passed 
'between him & M r Alexander, which any one who only reads 



502 NEW JERSEY COLONIAL DOCUMENTS. [1754 

the Report, of the Committee, where the History of the Con- 
ferrences, & Attack upon Colonel Dekey, are Connected 
together, without so much as Declaring even the Dist ce of 
Time, between those Conferrences & that Attack, would be 
most Untruly Led to believe we are unwilling to Suppose 
that the omission of that Part of Dekeys Affadavit, and such 
Connection of the Conferrence and Attack were Designed by 
the Committee, to reflect upon M r Alexander, but on the 
Contrary are favourably inclined to believe it was Merely an 
Accidental Neglect, not only because Colonell Dekey's Second 
Affadavit (which was also laid before them) gives not the 
Least Ground for such, Insinuation, but also because, that as 
Many Gent 3 of the General Assembly of New York, have 
had Copies of the Proprietors Memorial, of the 20 th of Nov r 
last & of all the 17 papers Annexed, and many other Copies 
have been Dispersed in that Province, the Committee might 
have, observed from many of These Papers & Particularly 
' the Articles of 30 & 41 of the Memorial That the said Col- 
onell Dekey was Charged with Roberry & Many other 
Crimes in New Jersey, long before his Conferrences with M r 
Alexander, and therefore it was more reasonable & Probable 
to Suppose, that the Attack upon him was made in Conse- 
quence of the Process of the Law, in New Jersey for Appre- 
hending him, which he had hitherto Eluded, than on Account 
of any Conferrences which had between him & M r Alexander 
And lastly because it appears by another Affidavit of the 
said Tho 8 Dekey of the 29 th of July last which was also 
before the said Committee, whereof we have a Copy, that 
even before that Time which Preceedei the said Conferrences 
Several Months the s d Dekey " before he left home was every 
Night obliged to Nail up all his doors Excepting one at which 
he placed a Guard for fear of being Surprised in his bed, by 
the People of New Jtrsey, who as he had been informed, had 
Sundry times Declared they were resolved to Take him Pris- 
oner & Carry him into New Jersey." 

We are also Humbly of opinion, that it is so far from 
being Candid fair, & Proper to Carry the Private Confer- 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 503 

rences of Parties opposed to each other in Interest before any 
Branches of a Legislative body, and afterwards expose them 
in Print, that we Esteem such a Practice to be ill mannerly 
ungenerous and of the most Pernicious Consequences, as it 
tends to Draw the Publick attention from matters of General 
Importance, to what was said in Private Disputes, & Stops 
up all the Avenues to Peace & Concord, by Cutting off all 
Conferrences for that Purpose, thro fear that they may be 
Exposed & Misrepresented which we cannot help observing 
has already happened in this very case, It being apparent if 
the Journal Entries are true, (as we believe them to be) M r 
Alexanders acquainting Colonell Dekey, that he had no 
Power to agree with him, but that Richard Gardiner had 
one, from all the Proprietors is represented as an absolute 
refusal, by M r Alexander to Comply with any Amicable 
Agreement Unless <fecc & thus also The Terms w ch M r Alex- 
ander in Compliance with Dekeys request had acquainted 
him Richard Gardiner Could agree to give are represented 
as Terms insisted on by M r Alexander 

We also find by the Journal Entry of the Substance of the 
first Conferrence Between M r Alexander & Col 1 Dekey that 
the latter & Two Gent, who Accompanied him promised that 
they would endeavour To Prevail with the Lieutenant Gov- 
ernour & Council to recommend to The General Assembly 
their providing Money to defray half the Charge of a Com- 
mission to be obtained from his Majesty for Setling the Line 
& that they would acquaint M r Alexander with the Issue of 
their Attempts, and we also find by the Entry of the Sub- 
stance of the second Conferrence which was the 12 th of Sep- 
tember last, that Colonell Dekey alone returned to M r Alex- 
ander in the Morning & Informed him That they would not 
agree, to Join in a Commission, & that M r Dekey talked that 
there would be Bloodshed and Murders till which he saw no 
Prospect of Setling & that he parted from M r Alexander in 
Seeming great Grief Speaking to this Effect that he could 
not say but their People were to blame 

We are Sorry that in following the Report of the Com- 



504 NEW JERSEY COLONIAL DOCUMENTS. [1754 

mittee of The General Assembly of New York, we are 
Driven to enquire into an Affair, that so little Concerns the 
Real Matters in Controversy but we thought it our Duty to 
Guard as much as may be against the Evil, tho we hope 
undesigned Effects of the report of the Committee of the 
General Assembly of New York 

By order of the Committee 

DAVID OGDEN Chairman 
Eliz th Town Nov r 23 d 1754 

Which- being read was Approved of by his Excellency & 
this board 

His Excellency Nominated Robert Ogden & Josiah Broad- 
well To be appointed Justices of y e Peace for the County of 
Essex & Lawrence Lowrance Vanburskerk 1 to be appointed 
one of the Judges of the County Court for the County of 
Bergen to which Nominations his Majestys Council advised 
& Assented 

His Excellency by advice of the Council was pleased to 
Sign The Following Warrants 

N 322 To himself or order for a Quarters S D 
Salary as Governour of this Prov- 
ince due the 2 1 st of November Inst*.. 250,, 0,, 

N 323 To himself or order for a Quarters 

house rent due 2 1 st Nov r Inst* 15,, 0,, 

N 324 To Samuel Nevill Esq r for a Quarters 
Salary as Second Justice of the Su- 
preme Court of this Province for 
the Quarter ended 21 st Nov r Ins*... 6,, 5,, 

N 325 To Samuel Nevill Esq r for his Attend- 
ance on the Circuit Courts on two 
Courts of Oyer & Terminer Viz* 
at Sussex & Summerset in the 
Months of Aug st & Nov r last 20 

N 326 To Joseph Warrell Esq r for a Quar- 
ters Salary as Attorney General of 

1 Lawrence Van Buskerk. 



1754] JOURNAL OF GOVERNOR AND COUNCIL. 505 

this Province for the Quarter ended 

the 21 8t of Aug 8fc last 7 10 

;N 327 To And w Johnston Esq r for a Quar- 
ters Salary, as one of the Treasu- 
rers of This Province for the Quar- 
ter ended 2 1 8t Nov r Instant 10,, 0,, 

:N 328 To Samuel Smith Esq r for a Quarters 
Salary as one of The Treasurers of 
this Province for the Quarter ended 
the 21 8t of Nov r Ins* 10,, ,, 

IN 329 To Richard Salter Esq r for a Quarters 
Salary as one of the Justices of the 
Supreme Court of this Province due 
the 21 st of Nov r Ins* 6,, 5,,0 

:N 330 To Charles Read Esq r for a Quarters 
Salary as Clerk of the Council of 
this Province due the 21 st of Nov r 
Ins 1 7,,10,, 

N 331 To John Smith for a Quarters Salary 
as Clerk of the Circuits Due the 
21 8t of Nov r In^ 5,, 0,, 

U 332 To Anthony Elton for a Quarters Sal- 
ary as Door Keeper to The Council 
Due the 2 1 st of Nov r Instant 2 10 

N 333 To Courtland Skinner Esq r for a 
Quarters Salary as Att ry General of 
this Province for the Quarter ended 
the 21 st of Nov r Ins* 7 10 

-N 334 To Abraham Clerk Jun r one of the 
Clerks of the House of Representa- 
tives of the General Assembly of 
this Province for his Attendance at 
the last Sessions at Perth Amboy 
also for Copying the Votes &c 12 

.A true Copy Examined by 

ROBERT OGDEN D Secretary 



506 NEW JERSEY COLONIAL DOCUMENTS. [1755* 

At A Meeting of the Governour & Council held at Eliza- 
beth Town The Twenty Second day of January 1755 

His Excellency Jonathan Belcher Esq r Governour &cc 

Present 
The Hon ble James Alexander ^ 

Andrew Johnston > Esq" 
David Ogden J 

His Excellency Delivered the Following Speech Viz* 

Gentlemen of the Council the Commands I have lately 
received from his Majesty in a Letter from Sir Thomas 
Robinson one of his Majesty's Principal Secretary's of 
State Dated White Hall October 26 th1 has been the Prin- 
cipal Reason of my Calling you Together at this time, 
and which letter I now Communicate to you wherein you 
will find the King expects the Assembly of the Province, 
should meet upon the Extraordinary Occasion Mentioned in 
the said Letter I therefore desire you well to Consider the 
Contents of this Letter and to give me your advice and opin- 
ion whether it may not be absolutely Necessary to see the 
Assembly here as soon as Possible for the low State of my 
Health will by no means allow me to go from home 

I now also lay before you a Letter I have received from 
the Governour of New York of the 6 th Instant with Sundry 
papers relative to the Disputed Line between this Province 
and that of New York which you will Consider and give 
me your advice upon them that I may return a proper Answer 
thereto 

Elizabeth Town, J BELCHER 

Jan ry 22, 1755 

His Majesty's Council having taken into Consideration his 
Excellency's Speech Were of opinion (that Considering the 

1 Circular addressed to the Governors in North America, urging enlistments in four 
new regiments to be raised. See N. J. Archives, VIII., Part I., 17. 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 507 

low state of his Excellencys Health) that it was absolutely 
Necessary to call the Assembly to meet here to which they 
advised, 



At a Council held at Elizabeth Town in the Province of 
New Jersey On Tuesday the 25 th day of February 1755 

Present 
His Excellency the Governour 

The Hon ble James Alexander ^ 

Andrew Johnston >Esq 
David Ogden 

His Excellency laid before the Council a Letter Dated 6* 
of January last From the Honorable James Delancy Esq r 
Lieutenant Governour of New York with Sundry papers 
relative to Dispute in the Bounds Between this province and 
the Province of New York 

Also a petition from M r John Stevens and M r James 
Parker And Sundry affidavits respecting a riot lately Com- 
mitted in the County of Hunterdon and setting forth the 
Danger of More riots unless the Government Interposes their 
Authority and desired they would Consider of the Same 

At a Council held at Elizabeth Town on Saturday March 
1* 175 

Present 
His Excellency the Governor 

The Hon ble James Alexander 
Andrew Johnston 
Peter Kemble > Esq rs 
Richard Saltar 
David Ogden J 

The Gentlemen of the Council returned an Answer to His 
Excellency respecting the Petition and Affidavits referred to- 
them on the 25 th Ultimo in the following Words 



508 NEW JERSEY COLONIAL DOCUMENTS. [1755 

May it please your Excellency 

In obedience to your Excellencys Order in Council of the 
25 th of February last laying before us the Petition of John 
Stephens and James Parker and also Several Affidavits 
relating to the late great riot Committed in the County of 
Hunterdon we have Considered the same and are of Opinion 
that it will be proper for your Excellency also to lay the 
Several Papers before the house of Representatives for this 
Colony now Sitting that all the branches of the Legislature 
may Unite in Measures to Suppress all such open and daring 
attempts to Subvert the laws of this Province and bring such 
delinquents to receive punishment Adequate to their Crimes 
whereof we humbly make this our report to your Excellency. 

His Excellency laid before the Board A Patent for Erect- 
ing a Township in Hunterdon by the name of Hopewell 
which the Council advised his Excellency to grant 



At a Council held at Elizabeth Town Monday March 3 d 
1755 

Present 
His Excellency the Governour 



The Hon ble James Alexander 
Andrew Johnston 
Peter Kemble 
Richard Saltar 
Thomas Leonard 
David Ogden 



J. Esq" 



A Petition from the Judges of the County Court of Gloster 
and The Practitioner of Law Praying that the Courts for the 
future may be held in that County on the 

1 st Tuesday in April 
The 2 Tuesday in June 
The 3 Tuesday in September & 
The 3 Tuesday in December 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 509 

To which the Council Assented And that an Ordinance 
under the Great Seal Issue Accordingly 

A Petition from William Shippen of Philadelphia for a 
Patent for a Ferry at the foul Reef on Delaware and two 
Miles above and below the Same was Read and the Granting 
of the Patent as Usual in Such Cases Assented to 

His Excellency Nominated John Hart 1 to be a Justice of 
Peace of the Quorum in the County of Hunterdon, also 
Andrew Read to be A Judge of the Pleas, and George Read- 
ing and John Opdike to be Justices Of the Peace in said 
County Joseph Higbee and Robert Johnston to be Coroners 
of the said County 

Also Nominated John Imlay to be a Justice of the Peace 
in the County of Burlington and that Henry Paxson & 
Joshua Bispham be of the Quorum in said County 

And that the Following Persons be appointed Justices in 
Salem Nathaniel Chamnis, Jacob Richmond, Isaac Thompson, 
Elisha Basset and Samuel Lynch 
To all which the Council Assented 

His Excellency by advice of the Council Signed The Fol- 
lowing Warrants 

3 d of March 1755 

N 335 To himself for a Quarters Salary as S D 
Governour of This Province due 

the 21 st day of February 1755 250,, 0,, 

N 336 To Himself for a Quarters House 

rent due 21" Feb ry 1755 15,, 0,, 

N 337 To Samuel Nevil Esq r for a Quarters 
Salary as Second Justice of this 
Province due 21 st of February 

1755 6,, 5,, 

N 338 To Richard Saltar Esq' for a Quarters 
Salary as one of the Justices of the 
Supream Court of this Province 
due 21 st of Feb ry 1755 6,, 5,, 

1 A signer of the Declaration of Independence. See History of Somerset and Hun- 
terdon Counties, 258. 



510 NEW JERSEY COLONIAL DOCUMENTS. [1755 

N 339 To Courtland Skinner Esq r for a 
Quarters Salary as Attorney Gen- 
eral of this Province due 21 8t of 
February 1755 7 10 

N 340 To Samuel Smith Esq r for a Quarters 
Salary as one of the Treasurers of 
this Province due 21 st of February 
1755 10,, 0,, 

;N 341 To Andrew Johnston Esq r for a 
Quarters Salary as one of the 
Treasurers of this Province due 
21 st of Feb ry 1755 10,, 0,, 

JS 342 To Charles Read Esq r for a Quarters 
Salary as Clerk of the Council of 
this Province due 21 8t of February 
1755 7 ,,10',, 

N 343 To John Smith for a Quarters Salary 
as Clerk of the Circuits due 21 st of 
Feb ry 1755. 5,, 0,, 

N 344 To Anthony Elton for a Quarters 
Salary as Doorkeep r to the Council 
due 21 Feb 17 1755 2 10 

N 345 To Samuel Nevil Esq r for Holding a 
Court in November last at Mon- 
moth of Oyer & Terminer & Nisi 
Prius 10,, 0,, 

N 346 To David Ogden Esq r or order for 
31 days attendance in Council at 
a Session of General Assembly at 
Amboy in October last and this 
Sessions 9 6 

N 347 To Andrew Johnston Esq r for 35 

Days as above 10 10 

N 348 To Peter Kemble Esq r for 33 Days 

as above 9 18 

N 349 To Richard Saltar Esq r 21 Days as 

above 6,, 6,, 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 511 

:N 350 To Thomas Leonard Eeq r 24 Days as 

above 7,, 4,, 

;N 351 To Nathaniel Davis Door Keeper of 
the Assembly for 11 Days attend- 
ance at this Session at Elizabeth 
Town 1 18 

His Excellency also laid before the Board a Petition from 
Wm and Thomas Cox referred to further Consideration 

The Council beg leave further to Consider the Lords of 
Trades Letter about prosecuting the Rioters as it is a Matter 
of Great Importance to the Peace of this Province. 

A Petition from the inhabitants of Lebannon to be erected 
into a Township by the Name of Tewksbury with the usual 
Privileges According to Law was read the Board Advise the 
{granting the said Patent. 

A Letter from Sir John S* Clair Deputy Quarter Master 
General of his Majestys Forces in America Dated at Wil- 
liamsburg January 14 th 1755 was referred to this Board also 
his Excellency's Answer thereto. 

This Board is of opinion that his Excellencys Answer 
thereto is as full as can be furnished 

The Charters for Incorporating the Presbyterian Congre- 
gations of Hunterdon. 

One Also at Woodbridge 

Another at Brunswick referred to the next Meeting 

At a Council held at Elizabeth Town Tuesday March The 
4 th 1755 

Present 
His Excellency Jonathan Belcher Esq r 

The Hon ble Andrew Johnston ~"| 
Peter Kemble 
Thomas Leonard [ Eeq" 
Richard Saltar 
David Ogden 



512 NEW JERSEY COLONIAL DOCUMENTS. [1755- 

Thomas Leonard Esq r Chairman of the Committee to 
whom the reference was made on the Twenty fifth of Feb ry 
last reported as follows 

May it please your Excellency 

In obedience to your Excellencys Order in Council of the 
Twenty fifth Day of February last referring to us a Letter 
from the Hon ble James Delancy Esq r Lieutenant Governour 
of New York to your Excellency of the Sixth of January 
last with the Printed reports of the Council of New York 
of the fourth day of March and Seventeenth of December 
1754 and Sundry other Papers mentioned in the Said Letter 
Concerning the Bounds Between this Province and New 
York, which Letter and Papers seem to us to require much 
longer time to Consider than we Could spare at this Meeting 
while the Affairs of the Legislature here Necessarily re- 
quired our Attention Wherefore We beg leave to delay 
making any Report of our opinion thereon to your Excel- 
lency Untill we have Maturely Considered them. 

In the meantime we beg leave to observe to your Excel- 
lency that the said Report of the Council of New York 
mentions it to be made upon a Reference to them of the rea- 
sons offered by M r Alexander for his Dissent to their said 
Report of March 4 th as well as of Sundry other Papers 
therein Mentioned which they had duely Weighed and Con- 
sidered a Copy of which Reasons for M r Alexanders Dissent 
we find that his Honour by his Letter of March 15 th 1754 
Signified he would Transmit to your Excellency with the 
report thereon but do not find the said Reasons mentioned in 
the said letter of January the 6 th nor any Copy of it Among 
the said Papers referred to us, Wherefore we have otherways 
obtained A Copy of the said Reasons and think them very 
Material to be Considered and referred to in Making our 
Answer to the said two Reports. We have obtained also a 
Copy of a Petition of Thomas Dekey to the Lieutenant 
Governour of New York of November The 28 th last with a 
Minute of the Council of New York thereon of November 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 513 

the 30 th which Petition and Minute we think may be also 
proper to be Considered and Referred to in making our 
Answer to the said two Reports Wherefore we are Humbly 
of opinion they be Printed and Published forthwith together 
with so much of this as relates thereto. 

By order of the Committee 

THOMAS LEONARD Chairman 
Elizabeth Town March 4 th 1755 

Which being read was Approved of by his Excellency 
and this Board 

His Excellency laid before this Board the Draft of a Proc- 
lamation which he proposed to Issue in order to Preserve the 
Peace of the Province which being read and Considered the 
board Advisd his Excellency to Issue the same which is as 
follows. 

By His Excellency Jonathan Belcher Esq r Captain Gen- 
eral Governour and Commander in Chief in and over his 
Majesty's Province of Nova Csesarea or New Jersey & Ter- 
ritories thereon Depending in America Chancellor and Vice 
Admiral in the Same &cc 

A Proclamation 

Whereas it has appeared to me and his Majestys Council 
and General Assembly of this Province that on the Tenth of 
February last a Notorious Riot was Committed on the Tract 
of Land Called the Society in the County of Hunterdon (by 
Sundry persons Chiefly Foreigners living in that County and 
using many Threats against Many of his Majesty's Leige 
Subjects and that divers of them gather together to oppose 
the officers of the Government and place a Confidence in the 
Numbers they pretend will Espouse their wicked and Daring 
attempts and protect them in Defiance of the Wholesome and 
good Laws of the Land I have therefore thought fit by and 
with the advice of his Majestys Council and the desire of the 
General Assembly of this Province to Issue this Proclama- 

33 



514 NEW JERSEY COLONIAL DOCUMENTS. [1755 

tion hereby Strictly Commanding all Magistrates of the said 
County of Hunterdon diligently to enquire and discover the 
persons guilty of the said Riot and bring them to Condign 
Punishment by due Course of Law, and the Sheriff, Justices 
of the Peace, Constables and all other officers Majisterial 
and Ministerial in the said County of Hunterdon, are hereby 
Strictly Charged and Commanded in their Several Stations 
to be diligent in apprehending Rioters and Preventing and 
Suppressing Riots in the said County of Hunterdon for the 
future, and in Particular the Sherif Of said County is 
directed if need be [to] raise the Power of his whole County 
for Suppressing all Riots for the future and for apprehending 
the Rioters & Further that The Colonel Lieutenant Colonel 
Major or any of the Captains of Militia of the Said County 
on Notice from the Sheriff or other Civil officer of a Riot 
Committing or intended to be Committed shall immediately 
March such part of the Regiment or Company as Shall 
Effectually Suppress the Same and Protect the Civil officers 
in the Execution of their Respective Duties and all his Ma- 
jesty's Leige Subjects of the said County are hereby Strictly 
Charged and Commanded to be Aiding & Assisting to the 
said Officers in the Execution of their Duty (in and about 

the Premises) Given under my hand 

By his Excellencys and Seal at Arms at Elizabeth Town 

Command the fourth day of March in the 

CHA S READ Secret ry Twenty Eighth Year of the Reign of 

Our Sovereign Lord George the Sec- 
ond by the Grace of God of Great Britain France and Ire- 
land King Defender of the Faith &c and in the Year of our 
Lord One Thousand Seven Hundred and fifty five 
(God save the King) 

J BELCHER 

Ordered that the Same be Translated into the German 
Language & Printed with with the Votes of the house of 
representatives and that the Sherriff of the County of Hun- 






1755] JOURNAL OF THE PROVINCIAL COUNCIL. 515 

terdon take Care to disperse the Same so as that it may take 
its utmost Effect. 

A Petition from the Mayor Recorder Aldermen and Com- 
monalty of the City of Perth Amboy to his Excellency 
Praying that the time of Electing of Aldermen and holding 
the Spring fair may be alter'd from the first Tuesday in 
May to the first day of May, the Council Assented to the 
Alteration. 

Ordered that the said Alteration be made and the Charter 
be retouched by the Great Seal 

The foregoing is a true Copy of the Minutes of the 
Council 

March 8 th 1755 Compared by 

ROBERT OGDEN D Secre y 



The Proceedings of Council at a Sessions of the General 
Assembly begun at Eliz th Town 

Monday the 24 th day of February 1755 
The House Met 

Present 
The Honourable James Alexander ^ 

Andrew Johnston >Esq ra 
David Ogden ) 

His Excellency came into Council and having by the 
Deputy Secretary required the attendance of the house of 
Assembly they attended when his Excellency was pleased to 
make the following Speech to both Houses 

Gentlemen of the Council and of the General Assembly 

Nothing less than his Majesty's Commands in a Letter I 
have received from Sir Thomas Robinson (since our last 
sitting) One of His Majesty's Principal Secretaries of State 
Dated White Hall October 26 th 176 f- Could have prevailed 

1 See N. J. Archives, VIII., Part I., 17. 



516 NEW JERSEY COLONIAL DOCUMENTS. [175& 

upon me to Summon you to meet me at this time Considering 
the Season and the Difficulty of the Roads. 

Nor could anything but the weak State of my health 
[have] Prevented my meeting you at Burlington (or Perth 
Amboy) 

That you may have the Clearest Views of his Majestys 
Paternal care and Goodness for the Safety and Wellfare of 
this Province (as well as of those of Our Neighbours) I shall 
order The Letter above mentioned to be laid before you and 
therein you will find his Majesty Particularly expects from 
you and that without any Delay Viz* 

" That you should carefully Provide a Sufficient Quantity 
" of fresh Victuals at the expense of Your Government to 
" be ready for the use of the Troops at their Arrival. 

" That you should Likewise furnish the Officers who may 
u have Occasion to go from Place to Place with all Necessa- 
" ries for Travelling by Land ; and that there be care taken 
"for Quartering the Troops Providing all Necessaries for 
" such forces as shall arrive or be raised within your Govern- 
"ment and that his Majesty will Expect that the Charge 
" thereof be defrayed by his Subjects belonging to the Same, 
" and as to other Articles you will use your Utmost endeav- 
a ours to induce the Assembly of Your Province, to raise 
" forthwith as Large a Sum as can be afforded, as their Con- 
" tribution to this Common Fund, to be employed Provision- 
" ally for the Service of North America Particularly for pay- 
"ing the Charge of Levying the Troops to make up the 
" Complement of the Regiments. 

The Arrival of his Majesty's General and Commander in 
Chief of the forces now raised and raising is daily expected 
together with the Regiments from Ireland and New England 
at Virginia for immediately Prosecuting from thence hi& 
Majesty's Royal Orders in the Present Exigency of Affairs. 

Gentlemen of the General Assembly 

Having laid these things before you, and that most of the 
Neighbouring Governments have raised Proportionable Sums 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 517 

for aiding and Assisting in the Present Expedition against 
the French and Indians I shall not doubt your now raising 
such a Sum of Money as his Majesty may Justly & reason- 
ably expect from you, and to be done with the Greatest Dis- 
patch as being what you will See the Nature of the Case 
absolutely requires. As the Lives Libertys Civil and Reli- 
gious and the Properties of the People of this Province are 
greatly in Danger at this Critical Conjunction I have reason 
to believe that your Chearfully falling into your Duty to the 
King for the Safety of his Subjects here will be very Accept- 
able to your Constituents 

Notwithstanding the Answer you gave me the Last Session 
respecting the Militia Act, Yet I must subjoyn to the Afore- 
going Article that I think it absolutely Necessary for the 
Kings Service and for the Safety of the good People of this 
Province that the Militia Act be well revised and bettered by 
raising the fines for Non appearances of the Private men, for 
upon the General Muster (which I lately ordered) The 
Officers have made Complaints to me that the fines are so low 
as that Considerable Numbers will not attend their Duty as 
also that the Musters by Law being so seldom the men are 
very Ignorant in the Exercise of Arms, so that the Yearly 
Musters ought to be at Least Doubled, and it would be well 
to enquire whether the Act may not also be made better for 
Obliging the Officers of the Several Regiments to the more 
Strict Complyance with their Duty. 

As the Militia of the Province is (under God) the only 
defence we can make upon an Attack from the enemy, I think 
this Article is of great Importance to the Quiet & Safety of 
the Province, and to be taken (without Delay) into your 
Mature Deliberation 

Gentlemen of the Council and of the General Assembly 

After your having fully gone thro these affairs if you have 
any Thing to lay before me for his Majesty's Service and the 
benefit of the Province I shall Chearfully attend to it or 



518 NEW JERSEY COLONIAL DOCUMENTS. [1755 

otherwise give you a recess to such time as may be most Con- 
venient for Your Meeting again. 

J. BELCHER. 
The House Continued till the 26 th 



Present 
The Hon ble James Alexander 

Andrew Johnston J* Esq r 
Peter Kemble 

A Message from the Assembly in the following Words 

Assembly Chamber Feb ry 26 1755 
Ordered 

That M r Hancock and M r Stephens do carry to the Coun- 
cil for their Concurrence the bill Intitled an act for making 
Provision for the Subsistance of his Majesty's forces during 
their March thro this Colony and for Providing Carriages for 
Transporting their Baggage 

By Order of the General Assembly 

ABR* CLARK JuN r Clk 

Ordered that the said bill be read the first Time 
Which bill was read the first time and ordered a Second 
reading 

The house Continued till the 27 th 

Present 

The Hon ble James Alexander ") 
Andrew Johnston 
Peter Kemble Lsq " 

David Ogden J 

The bill Entitled an Act for making Provision for the Sub- 
sistance of his Majesty's forces during their march through 
this Colony &c was read a Second time & Committed to the 
Gentlemen of the Council or any three of them 

The House Continued till the 28 th 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 519 

Present 

The Hon ble James Alexander ^j 
Andrew Johnston I 
Peter Kemble j> Esq" 
Richard Saltar 
David Ogden } 

A Message from the Assembly in the following Words 

Assembly Chamber Feb^ 28 1755 

Ordered 

That M r Read and M r Miller do Carry to the Council for 
their Concurrence the Bill Entitled an Act to Prevent the 
Exportation of Provisions Naval or Warlike Stores from the 
Colony of New Jersey to Cape Breton or to any other The 
Dominions Setled by the Subjects of the French King 

By order of the General Assembly 

ABRA : CLARK JuN r Clk 

Ordered 

That the said bill be read the first time 

The said bill was read the first time and ordered a Second 
reading 

The house Continued till 28 th P M 

Present [as] in the Forenoon 

The bill Entitled an Act to Prevent the Exportation of 
Provisions Naval Or Warlike Stores from the Colony of New 
Jersey to Cape Breton or to any other the Dominions setled 
by the Subjects of the French King was read the Second 
time and Committed to the Gent of the Council or any 
three of them. 

The House Continued till 1 st of March 



520 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Present 

The Hon ble James Alexander ^| 
Andrew Johnston | 
Peter Kemble } Esq" 
Richard Saltar 
David Ogden J 

M r Kemble Chairman of the Committee to which was 
referred the Bill Entitled an Act for Making Provision for 
the Subsistance of his Majesty's forces during their March 
thro this Colony &c 

Reported that the Committee had Considered the same and 
had ordered him to report the same without Amendment. 

Ordered the said bill to be read the third time 

Then the said bill was read the Third time and upon the 
Question put whether the same should pass it was Carried in 
the Affirmative to which M r Alexander and M r Ogden Dis- 
sented. 

M r Alexander Delivered the reasons of his Dissent as fol- 
lows 1 st For that he humbly Conceives that all the Executive 
parts of the Government do belong to his Majesty to be 
Executed here by his Representative his Excellency the Gov- 
ernour of This Province or such as his. Excellency does or 
shall appoint but here by this bill Commissioners are ap- 
pointed without any Notice taken of his Excellency's prior 
appointment of them and as the bill took its rise in the house 
of Assembly its to be presumed they were appointed by that 
house, and by so appointing without the prior appointment 
of his Excellency signified by the Bill he humbly Conceives 
that, that, house has thereby Assumed upon themselves that 
part of his Majesty's right and Prerogative. 

2 dly For that by his Majesty's Commission and Instructions 
to his Excellency all Publick Moneys are to be drawn for by 
Warrant from his Excellency the Governour by and with the 
Advice and Consent of his Majesty's Council but by this Bill 
the Money therein Mentioned is to be paid out without any 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 521 

Warrant but upon the Receipt of any one of the Com- 
missioners. 

3 dly for that by his Majestys said Commission and Instruc- 
tions he believes, at Least Reason Dictates that all Publick 
Moneys ought to be Accounted for as well to his Excellency 
and the Council of this Province as to the General Assembly 
but by this bill the Commissioners are obliged to Account to 
the Qeneral Assembly only which he humbly Conceives is a 
further Usurpation of the Executive part of this Government. 

The said Alexander admits that the presidents 1 where 
Money is given by the Several Late Acts since 1740 for the 
Expeditions to the West Indies and to Canada and for Pro- 
visions to Cape Breton were all Nearly in the form of this 
Bill in the Several Points objected to. But he humbly Con- 
ceives that those presidents Ought to be of no Weight for he 
has reasons to believe that those objections were Privately 
made to all of them by the Councils who passed them, and 
endeavours were by them used for the Amendment of them 
by the Assembly and found that if they would not Pass them 
in that form that the Assemblys would have given no moneys 
for those Purposes so that Either those Services were to be 
unprovided for or those Acts passed as they were, the last of 
Which they thought the least Evil 

JAMES ALEXANDER 

March 1 st 1755 

Ordered that the Speaker do Sign the said Bill 

Ordered that M r Kemble do acquaint the Assembly that 
this house have past the said Bill without Amendment 

M r Kemble Chairman of the Committee to which was 
referred The Bill Entitled an Act to Prevent the Exporta- 
tion of Provisions Naval or Warlike Stores from the Colony 
of New Jersey to Cape Breton or to any other the Dominions 
Setled by the Subjects of the French King 

Reported that the Committee had gone through the same 

1 Precedents. 



522 NEW JERSEY COLONIAL DOCUMENTS. [1755> 

and made Sundry Amendments thereto which he read in his 
place and were again read and approved of 

Ordered that the said Bill with the Amendments be read 
the Third Time, which bill with the Amendments being read 
the Third time On the Question 

Resolved that the said Bill as Amended do pass 

Ordered that the Speaker do Sign the said bill and Amend- 
ments 

Ordered that M r Kemble do Carry the said Bill and 
Amendments to the House of Assembly and and desire the 
Concurrence of that house to said Amendments 

M r Kemble reported that he had obeyed the orders of the 
house of this day 

The house Continued till 2 P. M 

Present 

The Hon ble James Alexander ^ 
Andrew Johnston 
Peter Kemble } Esq rs 

Richard Saltar 
David Ogden J 

A Message from the House of Assembly in the following 
Words 

Assembly Chamber March 1 st 1755 

Ordered That M r Dehart and M r Learning do Carry back 
to the Council the re'engrossed Bill Entitled an Act to Pre- 
vent the Exportation of Provisions Naval or Warlike Stores 
from the Colony of New Jersey to Cape Breton or to any 
other the Dominions Setled by the Subjects of the French 
King and inform them that this house have agreed to their 
Amendment to the said Bill 

By order of the House 

ABBA. CLARK JUN T Clk 

The Re'engrossed bill being Compared with the Amend- 
ments ordered that the Speaker do Sign the Same 
The House Continued till 






1755] JOURNAL OF THE PROVINCIAL COUNCIL. 523 

Monday March 3 d 1755 

Present 

' The Hon ble James Alexander "^ 
Andrew Johnston 
Peter Kemble I 

Thomas Leonard j Esq" 
Richard Saltar 
David Ogden 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary informed the house of Assembly 
that he was in the Council Chamber ready to receive the 
address of the said house the Speaker and the house of 
Assembly attended and Delivered their Address in the fol- 
lowing words. 

May it pleaee your Excellency 

We his Majesty's most Dutifull and Loyal Subjects the 
Representatives of the Colony of New Jersey in General 
Assembly met having taken the Matters recommended in 
your Excellencys Speech into Consideration are fully Con- 
vinced of the Necessity your Excellency was under of Con- 
vening us together at this time, tho the inclemency of the 
Season ami other Difficulties has made it a Task that we 
should have Chose to have AYoided if it could have been 
done without Prejudice to the Service recommended in Sir 
Thomas Robinsons Letter 

That part in particular which seems to require the Provid- 
ing of Carriages and Necessaries for such forces as shall 
arrive within this Government appearing to us of immediate 
Necessity we have passed a Bill for Providing a Sum which 
by the Calculation we have made will be fully Sufficient for 
the Subsistance of such of his Majesty's regular forces with 
their baggage and the Necessary Carriages as can be expected 
to pass through this Province whilst on their march within 
the same 






524 NEW JEESEY COLONIAL DOCUMENTS. [1755 

With regard to the other particulars mentioned in Sir 
Thomas Robinson's Letter it is known to your Excellency 
that at the late Sitting in October last at Perth Amboy A 
Bill was agreed on by this House for Providing the Sum of 
10,000 for his Majesty's Use on that Occasion which Could 
not be known in England at the time of Writing the said 
Letter it being Dated in the same Month & as the said bill 
was very soon after the said Sessions ended Transmitted for 
his Majesty's Royal Approbation, we are not without hopes 
it has had the Desired Success before this time and that we 
Shall thereby be able to answer our full proportion of the 
Money that will be Necessary on the Present Exigency. 
This with the unanimity and Dispatch with which it was 
Accompanied we hope will be a Prevailing reason with Your 
Excellency to believe our Intentions hearty in the Service 
and that While we are Waiting a few weeks for the Neces- 
sary means to make our Endeavours the more effectual we 
shall not be thought to have any Latent reserves inconsistent 
with the design 

The Militia bill was at the Last Sitting on your Excel- 
lency's recommendation fully Considered and thought by the 
House Sufficient to answer the Design intended by it, but as 
your Excellency was Pleased to recommend it to us again we 
have now reconsidered the same and are still of opinion it is 
Sufficient to Answer what is proposed by it 

Having gone through the affairs your Excellency has 
recommended and such other Matters as we esteemed of 
immediate importance we know of Nothing else Sufficient to 
detain us at this time. Our Meeting at this place Contrary 
to the Established Practice of the Government, is such an 
infringement on our Rights that Nothing but Your Excel- 
lencys Declining State of Health and the Necessity of the 
business we have done can Justify us to our Constituents for 
attempting (by any act of Ours) to alter a Custom that our 
Ancestors have thought Necessary to Establish as one of the 
Fundamentals of this Government 

ROBERT LAWRENCE Speaker 



1755] JOURNAL, OP THE PROVINCIAL COUNCIL. 525- 

Several of the Members being of the ^ 
People Called Quakers Agree to The ' 
substance of this Address with Their j 
Usual Exception to the Stile 

After which his Excellency Directed the Secretary to in- 
form the house of Assembly that it was his Pleasure that the 
General Assembly Adjourn them Selves to meet at Perth 
Amboy on Wednesday the 16 th Day of April Next 

Compared with the Journals of the Council of Which 
this a True Copy 

ROBERT OGDEN D Secre y 

March 8 th 1755 



A Journal of the Proceedings of Council at a Session of 
the General Assembly Begun at Elizabeth Town on Friday 
the 1 st day of August 1755. 

The House Met 

Present 
His Excellency Jonathan Belcher Esq r Governor 

The Honb 1 ' James Hude ") 

Peter Kemble 
Andrew Johnston }> Esq" 
Richard Saltar 
David Ogden 

His Excellency came into Council & having by the D : 
Secretary Commanded the Attendance of the House of 
Assembly They Attended when His Excellency was Pleased 
to make the following Speech 1 to Both Houses 

Gentlemen of the Council & of the General Assembly 

Upon the Advices I have lately received of an Action 
between the Kings Troops under the Command of the Late 

1 Printed in N. J. Archives, VIII., Part II., 119. 



526 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Brave General Braddock and a Body of French & Indians, 
on the Banks of the River Monongahela and upon which the 
English Troops have been Obliged to retreat; I Say this 
Extraordinary Event has been the Reason of my Calling 
You together Something Sooner than I Intended. The 
Accounts of this Matter have Been very Various But the 
most Authentick is a Letter from M r Orme Aid du Camp to 
General Braddock, wrote to Governor Morris of Pensylvania 
which shall be Communicated to You and as this Matter may 
produce fatal Consequences to this & the Neighbouring Prov- 
inces I have thought it Necessary, that this whole Legislature 
should enter into the Earliest & most Sedate Consultations for 
Preventing the Evils that may accrue and to do all in our 
Power for The Best Defence & Safety of this Province, and 
those of our Neighbours. And Before I Leave this Subject 
You will give Me Leave to Recommend to You, the Passing 
of a Bill for Restraining the Exportation of Provisions, & 
Warlike Stores, out of this Province for Some reasonable 
time 

I think it is Storied of the Pelican, that she Sucks out her 
own Blood to Nourish and Support her Young; An Uncom- 
mon Stargee 1 in Nature, & in a Good Degree a fine Pattern 
of Imitation for all true Fathers & Lovers of their Country. 
How Unnatural a Perfidy is it then, for any Persons or People 
from a Voracious thirst after filthy Lucre to be supplying 
their Enemies, with Food & Raiment & Warlike Stores 
thereby to enable them to subsist & to Be continually annoy- 
ing their Neighbours who thus Supply them ? And if I am 
rightfully informed This has been the Case too often of Some 
of our Neighbouring Provinces in Supplying the French in 
the Manner I have Mentioned, or many of their Settlements 
must have been Broke up Long ago; & altho We have 
Certain advice of a Large Fleet of French Ships & Land 
Forces, arrived at Cape Breton & at Canada Yet we are at 
the Same time Informed that they are in great Streights as to 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 527 

Provisions ; We Shall therefore Honour ourselves in Passing 
Such an Act, as I have Mentioned, which may Greatly dis- 
tress the Enemy and have a good Tendency to the Better 
Safety of all the English Colonies. 

Gentlemen I have Lately received a Letter from M r Din- 
widdie Governor of Virginia, relating to the Arms 1 with 
which he Supplied us, as also a Letter from Coll Peter 
Schuyler respecting the Troops of this Province under his 
Command, Both which Letters I shall Order to be Laid 
before You, that you may do upon them, what may be 
Necessary in Support of the Honour & Justice of this 
Xjrovernment. 

-Gentlemen of the General Assembly 

As the Raising of Monies for defraying all the Past 
Charge, of what has Lately Been thought Necessary and 
Expedient to Be done, together with the Usual Support of 
the Government belongs to you to begin upon, I shall not 
doubt your giving the Best Dispatch to what Most Properly 
Originates at Your House. 

Xjrentlemen of the Council & of the General Assembly 

If You can think of anything else for advancing the 
Kings Honour & Interest, & the Weal & Prosperity of New 
Jersey, I shall upon Your Suggesting it to me chearfully 
Promote it to the Utmost of my Power 

J BELCHER 

Eliz* Town Council Chamber 
August 1 st 1755 

The Assembly Withdrew 

Then the Secretary By His Excellency's Orders Published 
an Adjournment under the Great Seal of the Province 
Whereby the General Assembly were Adjourned to meet at 
Perth Amboy on the Morrow 

1 See Collections of the Virginia Hist. Soc., New Series, IV., 44. 



528 NEW JERSEY COLONIAL DOCUMENTS. [175& 

Saturday August 2 d 
The House met according to Adjournment 

Present 

The Honb 10 James Hude ^ 

Andrew Johnston j 
Peter Kemble '}- Esq 
Richard Saltar 
David Ogden J 

The House continued till 

Monday August 4th 
The House Met Present 

The Honb le James Alexander ") 
James Hude 

Andrew Johnston I _ ^ 
Peter Kemble 
Richard Saltar 
David Ogden j 

The House Continued till 

Tuesday August 5 th 
The House Met. Present 

The Honb 1 ' James Alexander ^ 
James Hude 

Andrew Johnston I ^ rg 
Peter Kemble 
Richard Saltar 
David Ogden J 

The House Continued till 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 529 

Wednesday August 6 th 
The House met. Present 

The Honb le James Alexander "| 
James Hude 
Andrew Johnston I 
Peter Kemble 
Richard Saltar 
David Ogden 

The House Contin d till 

Thursday August 7 th 
The House met. Present the same 

The Secretary By His Excellency's Orders Publish'd an 
Adjournment under the Great Seal of the Province whereby 
the General Assembly were adjourned to meet at Perth 
Amboy on the Morrow. 

Friday August 8 th 1755 
The House Met According to Adjournment 

Present 

The Honb le James Alexander 
James Hude 

Peter Kemble L -p 
Andrew Johnston { 
Richard Saltar 
David Ogden 

The Secretary By His Excellencys Orders published an 
Adjournment under the Great Seal of the Province, Whereby 
the General Assembly were adjourn'd to meet at Elizabeth 
Town on the Morrow 

34 



530 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Saturday August 9 th 
The House Met according to Adjournment 

Present 

The Honb le James Alexander ") 
James Hude 

Andrew Johnston ! 
Peter Kemble 
Richard Saltar 
David Ogden J 

A Message from the House of Assembly Viz* 
Ordered That M r Ladd & M r Vangeson do Carry to the 
Council for their Concurrence the Bill entitled an Act to 
enable the Owners of some Meadows & Marshes at Elson- 
borough in the County of Salem to Keep out the Tide & c 
which was read a first Time & Ordered a Second Reading. 
A Message from the House of Assembly Viz* 
Ordered That M r Ladd & M r Vangeson do Carry to the 
'Council for their Concurrence the Bill Entitled an Act to 
enable the Owners of Two several Tracts of Tide Meadow 
'& Marsh Lying & Adjoyning on the North Side of Cohan- 
sey Creek & c which was read a first Time & Ordered a second 
Reading. 

His Excellency Came into Council & having by the Clerk 
of the Council Commanded the Attendance of the House of 
Assembly, They Attended when His Excellency was Pleased 
to Make the following Speech 

Gentlemen of the Council & of the General Assembly 

Since the Opening of this Session By my Speech of the 1 st 
Instant I have received a Letter from Governor De Lancey 
of New York with several Papers enclosed of Great Im- 
portance to this & all the English Colonies in N: America & 
Ihese things the Secretary shall deliver You. 



1755] JOURNAL, OF THE PROVINCIAL, COUNCIL. 531 

As the Province of Massachusetts are raising with all Ex- 
pedition five hundred fresh Recruits & New York four hun- 
dred I am fully of Opinion the Best aid & Assistance we of 
this Province can give will Be in the raising as many Men 
as We Possibly can & to send them with the Greatest Dis- 
patch to Join Coll Schuyler's Regiment under the Command 
of General Shirley. 

We must not sink under the Gloom of the Late Unhappy 
Event. But as Becomes true English Men our Spirits must 
rise with our Difficulties & We must Make the More Strong 
<fe Vigorous a Push to emerge out of them 

Upon reading the Governor of Nova Scotia's Letter to the 
Governor of the Massachusetts I think it my Duty to repeat 
and press upon You the passing of a Law without Delay in 
strict Prohibition of Provisions of any kind from this Prov- 
ince for three Months to come ; The Act to be so restricted 
<fe Qualifyed as may Be die Least Detrimental to ourselves or 
Our Neighbours. For altho the Governor may issue Proc- 
lamations of Embargo, Yet it is the Legislature only that 
Can impose Mulcts & Fines on such Offenders as shall Pre- 
sume contrary to Nature & Reason to Supply our Enemies 
with Provisions and thereby Prevent their falling a Prey into 
our Hands 

Although I have once & again recommended to You the 
revising & amending the Militia Act, Yet I must Again 
recommend it to your Serious Consideration as a thing abso- 
lutely necessary to defend and Save the Poor People of this 
Province on the Frontiers from the Merciless Depredations 
<fe Cruelties of the French & Indians : For as We have no 
regular Troops we have (under God) no Force or Hope 
But what We may Expect from the Militia of the Province 
and it ought therefore to be put under a better Regulation 
than it might Be on a Common Occasion 

Gentlemen, as anything New Comes to my Hands I Shall 
Be Communicating it to You and I Pray God to direct you 
in Your Deliberations into the Best Measures for Lengthen- 



532 NEW JERSEY COLONIAL DOCUMENTS. [1755 

ing out the Welfare and Prosperity of the Good People 
under our Care 

Eliza : Town Council Chamber \ J BELCHER 

August 9 th 1755 J 

The Assembly withdrew 

The Secretary By His Excellency's Orders Published an 
Adjournment under the Great Seal of the Province Whereby 
the General Assembly were Adjourned to meet at Perth Am- 
boy on Monday next 



Monday August 11 th 
The House Met according to Adjournment 

Present 

The Honb le James Alexander ^ 
James Hude 

Andrew Johnston -p 
Peter Kemble 
Richard Saltar 
David Ogden J 

The Bill Entitled an Act to enable the Owners of Some 
Meadows & Marshes at Elsonborough in the County of 
Salem, to keep out the Tide & c was read a Second Time & 
Committed to the Members of this House or any three of 
them 

The Bill Entitled an Act to enable the Owners of Two 
Several Tracts of Tide Meadow & Marsh Lying and Adjoyn- 
ing on the North side of Cohansey Creek &c was read a 
Second time and Committed to the Members of the House 
or any three of them 

The House Continued till 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 533 

Tuesday August 12 th 
The House Met Present 

The Honb le James Alexander "") 
James Hude 

Andrew Johnston I _ n 
Peter Kemble 
Kichard Saltar 
David Ogden J 

A Message from the House of Assembly Viz* 

Ordered 

That M r Read & M r Yard do Carry the Bill Entitled an 
Act to preserve the Navigation of the Creeks & Rivulets & 
to the Council for their Concurrence which was read a first 
Time & Ordered a Second Reading 

A Message from the House of Assembly Viz* 

Ordered 

That M r Fisher & M r Hancock do carry the Bill Entitled 
an Act for the Relief of Poor Distressed Prisoners for Debt, 
to the Council for their Concurrence which was read a first 
time & Ordered a Second Reading 

The House Continued till 



Wednesday August 13 th 
The House Met Present 

The Honb le James Alexander "") 
James Hude 

Andrew Johnston I ,., r 
Peter Kemble f 
Richard Saltar 
David Ogden 



534 NEW JERSEY COLONIAL DOCUMENTS. [1755 

The Bill entitled an Act to preserve the Navigation of the 
Creeks & Rivulets & c was read a Second Time & Committed 
to the Members of the House or any three of Them 

The Bill Entitled an Act for the Eelief of Poor Distressed 
Prisoners for Debt was read a Second Time & Committed to 
the Members of this House or any three of them 

The House continued till 



Thursday August 14 th 
The House Met Present 

The Honb 1 ' James Alexander ~) 
James Hude 

Peter Kemble \ Esq 
Richard Saltar 
David Ogden J 

A Message from the House of Assembly Viz* 

Ordered That M r Yangeson & M r Middagh do Carry the 
Bill Entitled an Act for Naturalizing John Becclesheimer & 
others. And the Bill entitled an Act for Naturalizing 
Michael King Adam Agee & others, to the Council for their 
Concurrence which were Read a first Time & Ordered a 
Second Reading 

M r Ogden from the Committee to whom was Committed 
the Bill entitled an Act to Preserve the Navigation of the 
Creeks and Rivulets & c reported that they had gone thro the 
said Bill and made Sundry Amendments thereto which he 
was ready to Report when this Hous e would Be Pleased to 
receive the same 

Ordered that the said Report Be made immediately Then 
M r Ogden read the said Amendments in his Place & delivered 
them in at the table where the Same were again read & Agreed 
to By this House 

Ordered that the said Amendments be engrossed 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 535 

The Bill Entitled an Act to Preserve the Navigation of 
the River & Creeks &c with the engrossed Amendments being 
read the third Time 

Resolv'd that the Same do pass as Amended 

Ordered that the Speaker do Sign the Said Bill & Amend- 
ments 

Ordered that David Ogden Esq r do carry the said Bill & 
Amendments to the Assembly and desire their Concurrence 
to the said Amendments 

M r Ogden reported that he had Obeyed the Order of the 
House 

The House continued till 



Friday August 15 th 
The House met Present 

The Hon ble James Alexander ^| 
James Hude 

Peter Kemble j> Esq" 
Richard Saltar 
David Ogden } 

The Bill Entitled an Act for Naturalizing John Beccle- 
sheimer & others was read a Second time & Committed to the 
Members of this House or any three of them 

The Bill entitled an Act for Naturalizing Michael King 
Adam Agee & others was read a Second time & Committed 
to the Members of this House or any three of them 

A Message from the House of Assembly Viz* 

Ordered That M r Ladd & M r Clement do Carry the Bill' 
reingross'd with the Councils Amendments Entitled an Act to 
Preserve the Navigation of the Rivers & Creeks &c to the 
Council and acquaint them that this House have agreed to- 
the Bill as Amended & passed the Same 

The Reingrossed Bill entitled an Act to preserve the Navi- 
gation of the Rivers & Creeks & c being read & Compared' 



536 NEW JERSEY COLONIAL DOCUMENTS. [1755 

with the former Bill & Amendments was Signed By the 
Speaker 

A Message from the House of Assembly Viz* 
Ordered That M r Fisher & M r Hancock do Carry the 
Bill entitled an Act for the Support of Government of His 
Majesty's Colony of New Jersey to Commence the Twenty 
first Day of May One thousand Seven hundred & fifty five 
& to end the Twenty first day of May one thousand Seven 
hundred & fifty Six and to discharge the Public Debts & the 
Contingent Charges thereof, and for Settling the Quotas in 
the Respective Counties & Levying of a Provincial Tax to 
the Council for their Concurrence which was read a first 
Time & Ordered a Second Reading 
The House Continued till 



Saturday August 16 th 
The House Met Present 

The Hon ble James Alexander 
James Hude 
Peter Kemble J. Esq" 
Richard Saltar 
David Ogden j 

The Bill Entitled an Act for Support of Government &c 
was read a Second time & Committed to the Members of the 
House or any three of them. 

M r Kemble from the Committee to whom was Committed 
the Bill entitled an Act for the Relief of Poor Distressed 
Prisoners for Debt Reported that they had Gone thro the 
said Bill & made Sundry Amendments thereto which he was 
ready to Report when this House shou'd Be Pleased to 
receive the Same 

Ordered the said Report Be made immediately. 

Then M r Kemble read the said Amendments in his Place 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 537 

and delivered them in at the Table Where the Same were 
again Read and Agreed to By this House 

Ordered that the said Amendments Be Engross'd 
The Bill Entitled an Act for the Relief of Poor Distressed 
Prisoners for Debt with the Engross'd Amendments being 
read the third time 

Resolv'd that the Same do Pass as Amended 
Ordered That the Speaker do Sign the said Bill & 
Amendments. 

Ordered That M r Kemble do carry the said Bill & Amend- 
ments to the Assembly and desire their Concurrence to the 
said Amendments 

M r Kemble from the Committee to whom was Committed 
the Bill entitled an Act for Naturalizing John Becclesheimer 
<fe others reported that they had Gone thro the said Bill and 
made one Amendment thereto which he was ready to Report 
when this House should Be pleased to receive the Same 
Ordered that the said Report Be made Immediately 
Then M r Kemble read the said Amendments in his Place 
and delivered it in at the Table Where the Same was again 
read and agreed to by this House 

Ordered that the said Amendment be engrossed 
The Bill entitled an Act for Naturalizing John Beccle- 
sheimer & others with the engrossed Amendment Being read 
the third time 

Resolv'd that the Same do Pass as amended 
Ordered that the Speaker do Sign the said Bill & Amend- 
ment 

Ordered that M r Kemble do Carry the said Bill & Amend- 
ment to the Assembly & desire their Concurrence to the said 
Amendment 

M r Kemble from the Committee to whom was Committed 
the Bill entitled an Act for Naturalizing Michael King, 
Adam Agee & others reported that they had gone thro' the 
said Bill & made one Amendment thereto which he was 
ready to report When this House should Be Pleased to 
receive the Same 



538 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Ordered that the said Report be made immediately 
Then M r Kemble read the said Amendment in his Place 
& Delivered it in at the Table Where the Same were again 
read & Agreed to By this House 

Ordered that the said Amendment be engrossed 
The Bill entitled an Act for Naturalizing Michael King 
Adam Agee & others with the Engrossed Amendment being 
read the third time 

Resolv'd that the same do pass as Amended 
Ordered That the Speaker do sign the said Bill & Amend- 
ment 

Ordered That M 1 Kemble do Carry the said Bill & 
Amendment to the Assembly and desire their Concurrence to 
the said Amendment 

M r Kemble reported that he had Obeyed the Several Above 
Orders of this House 

A Message from the House of Assembly Viz* 
Ordered That M r Fisher & M r Wetherill do Carry the 
Bill Entitled an Act for making Current fifteen thousand 
Pounds in Bills of Credit &c To the Council for Concurrence 
which was read a first Time & Ordered a Second Reading 
A Message from the House of Assembly Viz* 
Ordered that M r Yard & M r Bradbury do acquaint the 
Council that this House do disagree to their Amendments to 
the Bill entitled an Act for the Naturalizing Michael King, 
Adam Agee, & others & the Bill entitled an Act for Natural- 
izing John Becclesheimer and others 
The House Continued till 

Monday August 18 th 
The House Met Present 

The Honb le James Alexander ") 
James Hude 

Andrew Johnston J> Esq r8 
Peter Kemble 
Richard Saltar 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 539" 

A Message from the House of Assembly Viz* 

Ordered 

That M r Newbold & M r Bradbury do Carry to the Coun- 
cil for their Concurrence 

The Bill entitled an Act more Effectually to Prevent the 
French from being Supplied with Provisions, Naval, & 
Warlike Stores &o> which was read a first time & Ordered a 
Second Reading 

The Bill entitled an Act for making Current fifteen thou- 
sand Pounds in Bills of Credit &c was read a Second Time & 
Committed to the Members of this House or any three of 
them 

A Message from the House of Assembly Viz* 

Ordered That M r Fisher & M r Spicer do Carry to the 
Council the Bill Reingrossed with the Council's Amendments 
entitled an Act for the Relief of Poor Distressed, Prisoners 
for Debt & inform them that this House Have passed the 
said Bill with their Amendments. 

The Reingrossed Bill entitled an Act for the Relief of 
Poor Distressed Prisoners for Debt Being read & compared 
with the former Bill & Amendments was Signed By the 
Speaker 

The Bill entitled an Act more Effectually to Prevent the 
French from being Supplied with Provisions Naval & War- 
like Stores &c was read a Second time & Committed to the 
Members of this House or any three of them 

The House continued till 

Tuesday August 19 th 
The House Met Present 

The Honb le James Alexander "^ 
James Hude 

Andrew Johnston [> Esq 
Peter Kemble 
Richard Saltar 



510 NEW JERSEY COLONIAL DOCUMENTS. [1755 

M r Kemble from the Committee to whom was Committed 
the Bill entitled an Act more effectually to Prevent the 
French from being supplied with Provisions, Naval & War- 
like Stores &c reported the Same without any Amendment 

Ordered that the said Bill Be read a third time Which 
was read And on the Question ? 

Resolv'd that the Same do Pass 

Ordered that the Speaker do sign the Same 

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

M r Kemble from the Committee to whom was Committed 
the Bill entitled an Act for Support of Government & c 
reported the Same without Any Amendment 

Ordered that the said Bill Be read a third time Which 
was read And on the Question ? 

Resolv'd that the Same do Pass 

M r Alexander Dissented for Reasons heretofore given by 
them in Like Case & Entered in the former Minutes 

Ordered that the Speaker do sign the Same 

Order'd That M r Kemble do acquaint the House of Assem- 
bly therewith 

Council Chamber August 19 th 1755 

Ordered that M r Saltar do Carry Back to the Assembly 
the two Bills for Draining of Meadows with the Petitions 
for them, and acquaint them That as it appears not to this 
House that all Concerned in Int'rest are agreeing to the Pur- 
port of these Bills We do not think ourselves at Liberty to 
Pass them till either it appears that all Concerned in Interest 
do Agree Or that Public Notice of the Intention of Apply- 
ing for the passing of Such Bills be given in the News 
Papers of Philadelphia that those Who have any Objection 
to them may be heard & that such Notice be given at Least 
six Weeks before the further Application for the Passing of 
such Bills 

Council Chamber Aug* 19 th 1755 

Ordered That M r Saltar do acquaint the House of Assem- 
bly that this House have receded from their Amendment to 






1755] JOURNAL OF THE PROVINCIAL COUNCIL. 541 

the Bill entitled an Act for Naturalizing John Becclesheimer 
& others And Agreed to the Bill And that this House have 
also receded from their Amendment to the Bill Entitled an 
Act for Naturalizing Michael King Adam Agee & others & 
agreed to the Bill 

M r Saltar Reported that he had Obeyed the above Order* 
of this House 

M r Kemble from the Committee to whom was Committed 
the Bill Entitled an Act for making Current fifteen thousand 
Pounds in Bills of Credit &c reported the Same without any 
Amendment 

Ordered that the said Bill Be read a third time 

Which was read And on the Question ? 

Resolved that the same do pass 

M r Alexander Dissented for Reasons heretofore Given By 
him in like Case and entered in the former Minutes 

Ordered that the Speaker do sign the Same 

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

M r Kemble reported that he had Obeyed the Several above 
Orders of the House 

Then the General Assembly were adjourned By Writ under 
the Great Seal of the Province to Meet at Elizabeth Town 
on the Morrow 

Wednesday August 20 th 
The House Met according to Adjournment 

Present 

The Honb le James Alexander 
James Hude 
Andrew Johnston 



Peter Kemble 
Richard Saltar 
David Ogden 



> Esq r 



542 NEW JERSEY COLONIAL DOCUMENTS. [1755 

A Message from the House of Assembly By M r Read & 
M r SteveDS in the following Words 

Assembly Chamber August 19 th 1755 

M r Read informed the House that Some Gentlemen of 
Honour & Interest in this Colony, have offered to send to 
England for five hundred Stands of Arms for the Use of 
this Colony, & Charge no more for them than the Prime 
Oost & Shipping Charges If the Legislature will resolve 
that this Colony will repay the Expenoe in Twelve Months ; 
and that he was requested to inform the House of Assembly 
thereof 

And on the Question whether the House do Accept of 
said Offer or not ? it Passed in the Affirmative 

Resolv'd that the General Assembly will Provide for the 
Payment for the said five hundred Stands of Arms on the 
Terms aforesaid 

Assembly Chamber August 20 th 1755 

Ordered that M r Read & M r Stevens do Carry the above 
Resolve of this House of Yesterday to the Council and 
<iesire their Concurrence thereto 

By order of the House 

ROBERT LAWRENCE, Speaker 

Which Message Being read & Considered 

Resolv'd that this House do Concurr with the House of 
Assembly therein 

Ordered that the Speaker do Sign the^Same 

Ordered That M r Ogden do inform the House of Assembly 
thereof 

His Excellency Came into Council & having Read & Con- 
sidered the above Resolve Assented to and signed the Same 

M r Ogden reported that he had Obeyed the Above Order 

His Excellency having By the Secretary informed the 
House of Assembly that he was in the Council Chamber 
ready to receive their Address The Speaker with the House 
Attended & Presented their Address in the following Words 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 543 

To His Excellency Jonathan Belcher Esq r Captain Gen- 
eral and Governour in Chief in and over his Majesty s 
Province of New Jersey & Territories therein depending in 
America Chancellor and Vice Admiral in the Same &cc 

The humble Address of the Representatives of the said 
Province 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 in General As- 
sembly met, being Nearly Affected at the News of General 
Braddocks retreat and Death, do Sincerely Join in the Uni- 
versal Concern on so Melancholy an Occasion. 

When the Unexampled intripidity of that Great tho unfor- 
tunate General, and his Officers is Compared with every Cir- 
cumstance, attending the whole Affair, it makes an Event, 
not less Alarming than hard to be accounted for by Human 
reason, and must therefore remain among the Secret Councils 
of Unerring Wisdom who yet upon a Suitable Humiliation, 
by an Easy turn of his Providence, can give Success to the 
British Cause in a manner that may not Only revive, but 
Extend our hopes, and make the Loss of those Brave men 
who fell on the Banks of the Monongahela more Supportable 

Having no reason to Doubt but that his Majestys Southern 
Oolonies upon a Desirable Union among themselves will on 
an Exertion of their Power be found Greatly Superiour to 
any force the French can bring to Fort Duquesne, we think 
it the most adviseable that the whole Strength which this 
Colony can Spare should be bent to the Maintenance of our 
Regiment under Colonel Schuyler and keeping it Compleat 
and Effective, and we beg your Excellency will believe this 
to be our fixed Sentiments founded upon Mature Deliberation 

The Maintenance of this Regiment for the time Expected 
will be attended with an Expence, which under our Present 
Unhappy Circumstances will be Difficult to discharge : Our 
very great Disappointment in respect to the Paper Money 
Bill sent home for his Majestys approbation ; the Late Un- 



544 NEW JEKSEY COLONIAL DOCUMENTS. [175/> 

common dry Season, by which the Crops in Several parts of 
this Colony have in a great Measure failed ; and the Scarcity 
of a Currency at this time are Circumstances that do not 
Equally Affect many of the other Colonies, and Considered 
with our own Inferiority in Point of Wealth and Number of 
People must Apologize for our not enlarging the Number of 
our Men in the Manner your Excellency desires 

As your Excellency (since you was pleased to Recommend 
to us the Providing a Proper Law to Lay an Embargo in 
this Colony) hath thought Proper with the Advice and Con- 
sent of his Majestys Council, to do it by Proclamation, we 
doubt not but when it is enforced by a Proper Law it will 
have the Desired Effect, and therefore we shall not fail to 
use our best Endeavours to render your Excellencys care 
Effectual. 

With regard to the Arms with which Governour Din- 
widdie Supplyed this Colony, we are informed by the Com- 
missioners that they are all paid for pursuant to the Agree- 
ment and Governour Diniwiddiee order, and we hope to his 
full Satisfaction. 

Altho we have Lately given your Excellency our opinion 
in respect to the Militia Bill, as you were pleas'd to take this 
Occasion to recommend the Consideration of it again we 
Assure Your Excellency it hath been now fully reconsidered 
by us, and being made in War time with Provission in Extra- 
ordinary Cases, we are Still of opinion, that it is not Neces- 
sary to make an Alteration in it. 

Your Excellency will perceive by the Bills which this 
house have sent up to his Majestys Council, and which will 
be laid before you for your Assent, that the Government is 
Chearfully and amply Supported for the Usual time. 
Assembly Chamber 1 By order of the House 
August 19 th 1755 / ROBERT LAWRENCE Speaker 

After which his Excell y was pleased to give his Assent to 
the following Bills Viz* 

An Act for makeing Current Fifteen Thousand pounds ia 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 545 

Bills of Credit, for the farther Supply and Pay of the forces 
Lately raised in this Colony under the Command of Col 
Peter Schuyler & for Directing the Manner how the said 
Fifteen Thousand Pounds shall be sunk. 

An Act more Effectually to Prevent the French from being 
Supplyed with Provisions Naval & Warlike Stores from the 
Colony of New Jersey. 

An Act to preserve the Navigation of the Rivers & Creeks 
within the Colony of New Jersey. 

An Act for the Relief of Poor Distressed Prisoners for 
Debt. 

An Act for Naturalizing Michael King Adam Agee & 
others 

An Act for Naturalizing John Becclesheimer and others. 

An Act for the Support of Government of his Majesty s 
Colony of New Jersey, to Commence the 21 st of May 1755 
and to end the 21 st of May 1756 and to discharge the Pub- 
lick Debts, and the Contingent Charges thereof & for Selling 
the Quotas in the Several Counties and Levying of a Pro- 
vincial Tax. 

Then his Excellency Prorogued the General Assembly to 
the 24 th day of September next then to Meet at Perth Amboy. 

Compared w th the Journals of Council of w oh this is a true 

copy 

CHA READ D Sect 7 



At a Council held at Elizabeth Town the 9 th day of August 

1755. 

Present 

His Excellency the Governour 

The Hon ble James Alexander ^ 

Andrew Johnston > Esq rs 
David Ogden J 

His Excellency laid before this Board Sundry Depositions 
which being read it from thence appears that a Considerable 

35 



546 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Number of People of the County of Hunterdon and Par- 
ticularly of the late Kioters in the Society of Byerlees Tracts 
there have within a few Months past entered into a Con- 
spiracy & Combination to throw of their Dependance on his 
Majesty s Government of this Province, & have signed a 
Writing Setting forth that they have Bought the Lands they 
were possessed of But could not find that the persons they 
had bought of had any right thereto, that Actions had been 
brought against Several of them and had Turned or would 
turn them out of Possession, and Praying that the Govern- 
ment of the Colony of Connecticut^ would set them off in a 
County of Connecticutt by themselves, and take them under 
their protection and Laws &cc, Whereon his Excell 7 referred 
the said Depositions to the Consideration of a Committee of 
this Board or any five of them and to enquire further into 
that Matter, and into what if any Colour for such Conspir- 
acy and to report their opinion to this Board with all con- 
venient Speed. 

His Excell 7 also laid before this Board a Letter he had 
received from his honour the Lieut* Governour of New York 
dated the Seventh day of August Ins* enclosing an abstract 
of a Letter from Col Lawrence Commander in Chief at 
Hallifax to the Commander in Chief of his Majestys Colony 
of Massachusetts Bay in New England Notifying the Scarcity 
of Provisions at Cape Breton, which was read and Considered 
and his Excellency by and with the advice & Consent of the 
Council Issued the following Proclamation 

Whereas I have just reason from the information I have 
received from his Majestys Governments to the Eastwards, 
to believe that the Present Scarcity of Provisions at Cape 
Breton may prevent their Supplying Canada therewith, and 
thereby Frustrate the Designs, the French King may have 
formed to the Disadvantage of all his Majestys Colonies on 
the Continent of America, if a Supply from his Majestys 
Colonies could be Totally Prevented : and that such Salu- 
tary Measures may be Effectually put in Execution Within 



1755] JOURNAL OF GOVERNOR AND COUNCJL. 547 

the Colony of New Jersey I have thought fit by and with 
the advice and Consent of his Majesty's Council of this 
Colony, to order and direct, and do hereby order and direct 
the Collectors of his Majestys Customs and Naval Officers 
within this Government, not to Clear out any Yessell What- 
soever, laden in the whole or in part with Provissions or 
Warlike Stores, Except such as are absolutely Necessary for 
The use of such Vessel and Maintenance of her Crew, until 
further order ; unless such Yessells shall be employed by the 
Government, for the Supply of his Majestys Armies & 
Fleets, nor to permit any Shallops, Boats or Flatts, to lade 
on Board any salt Provissions Whatsoever, Bread, Flour or 
any kind of Grain, or Warlike or Naval Stores, to Transport 
the Same to New York or Philadelphia, or other place or 
places Whatsoever, until the Master or person, having the 
Charge of such Shallop Boat or Flatt, shall have taken an 
Oath, that he will not land such salt Provisions, Bread, 
Flour, Grain, Naval or Warlike Stores, as shall be laden on 
Board such Shallop, Boat, or Flatt, at any time before the 
first day of December next, or directly or indirectly Suffer 
the Same to be Landed or Unloaden, at any place or places, 
Except the Publick Wharfs of the Cities of New York or 
Philadelphia, or at some other place within this Colony, and 
will unlade the Same in the day time, and that he will give 
information to the Collector or Naval Officer immediately of 
his Leaving the Charge or Command of said Shallop, Boat, 
or Flatt, and will not lend or hire out said Shallop Boat or 
Flatt, at any time before the said first day of December, so 
as to divest himself of the Command thereof, and that he 
will not willingly Permitt, or Suffer, any Act or thing, 
whereby this Oath, or any part thereof may be Evaded and 
the good Purposes thereby intended in any Manner Defeated ; 
which Oath every Collector of His Majestys Customs, or his 
Deputy, or Naval Officer in this Colony, is Impowered to 
Administer, once to each Master or person, having Charge of 
such Shallop, Boat or Flatt, which shall Serve for such time, 



548 NEW JERSEY COLONIAL DOCUMENTS. [1755 

as such Master Continues to have the Care and Charge, of 
such Shallop, Boat or Flatt. 

And every Collector of his Majesty s Customs and Naval 
Officers in this Colony is hereby Strictly Charged and Com- 
manded, to put the Laws in force against such persons, Shal- 
lops, Boats, or Flatts, as Shall Violate any of the Acts of 
Trade or Offend in the Premisses. 

And all his Majesty's Leige Subjects are hereby Strictly 
enjoyned, at all times to assist, the Collectors of his Majestys 
Customs, and Naval Officers in the discharge of their 
respective Duties : and for the Effectual Preventing frauds, 
in the Premisses, I do hereby request his Majestys Leige Sub- 
jects within this Government, on discovery of any Vessel^ 
Loading or Unloading in any of the, Out Bays, Creeks, or 
Rivers, within the Same, or thereto adjacent, to give imme- 
diate information thereof to the Officers of his Majestys 
Customs that the Offenders may be dealt with According to 
Law. 

Given under my hand and Seal at Arms in Council at the 
Borough of Elizabeth in the Province of New Jersey the 
Ninth day of August in the Twenty Ninth Year of His 
Majestys Reign 

J BELCHER 

By His Excellencys Command 

CHARLES READ Seer 17 

God Save the King 



At a Council held at Elizabeth Town the 20 th day of 
August 1755 

Present 

His Excel l y the Governour 

James Hude "} 
Andrew Johnston j 

The Hon ble Peter Kemble '[> Esq rs 
Richard Saltar 
David Ogden J 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 549 

Mr Ogden Chairman of the Committee made report upon 
the Referrence of the Twenty fifth day of Feb ry last Con- 
cerning the New York Line which was read and approved of 
by His Excellency and this Board and is hereto Annexed. 

Ordered that leave be given to the Printer to Print the 
Same and the Papers therein referred to and Annexed. 

His Excell 7 is humbly requested to write to the Com- 
mander in Chief of New York thereon and enclose a Copy 
of the above report and Annexed Papers therein referred to. 

His Excellency Nominated Elias Cotting a Justice of the 
Peace for the County of Cumberland, to which the Council 
Assented 

And it is ordered that he be placed in Rank as he stood in 
the former Commission. 

Ordered that Robert Ogden Esq r be placed among the Jus- 
tices of the Quorum of the County of Essex. 

David Ogden Esq r Chairman of the Commitee &c made 
the Following report. 

May it please your Excellency 

In obedience to Your Excellencys Order in Council reffer- 
ring to us a Letter from the Lords of trade respecting the 
Riotts in this Province We find that after repeated offers to 
the Committee of the New Ark Rioters to Join in an Action 
of Trespass and Ejectment, for Trying the Matters in Con- 
troversy in such Manner as the said Committee had them- 
selves proposed, as appears by the Second and Third Printed 
Publications of the Council of Proprietors, and the said 
Committees Continually declining to Join in such Action, 
By Consent an Action of Trespass and Ejectment was 
Brought in the Supream Court In the Term of March 1752 
on the Title of the Proprietors of East New Jersey on the 
Demise of Isaac Winchell against John Tomkins, holding 
under the said Committee, as was Supposed to which Action 
The said Tomkins was by the said Committee Entered De- 
fendant in the Term of August 1752 which Action was 
agreed by Consent to be tryed at B'arr by a Struck Jury of 



550 NEW JERSEY COLONIAL DOCUMENTS. [1755- 

the County of Middlesex, and accordingly Notice was given 
that the Same would be Tryed on the Sixteenth day of 
August 1753 at the Barr of the said Supream Court and 
Preparation made by the said Proprietors by the said day, 
but on the morning of the day of Tryal, their Attorney was 
Served with an Injunction to stay proceedings at Law, Issued 
by your Excell y out of Chancery, upon Bill there filed and 
to which Bill we are informed that the Answer of the said 
Isaac Winchall and the Proprietors who were made Defend- 
ants also with him in the said Bill, is ready drawn and en- 
grossed, and Sundrys of the Defendants have already Sworn 
thereto. We also find that the Committee of the Rioters, 
and others Claiming under Indian Purchases have also filed 
their other Bill in Chancery against James Alexander Esq r 
and others Proprietors both of East New Jersey & of West 
New Jersey, Claiming Several Large Tracts of Land, Lying 
in the Counties of Essex and Morris Including therein a 
great Number of Persons, Setled under the said Proprietors 
many of whom have possessed the same upwards of Thirty 
Years past, To which Bill we are informed the Defendants 
are now preparing an Answer, and that it will soon be ready 
to be filed ; 

We are also informed this day by the Hon ble Samuel Nevill 
Esq r Second Justice of the Supream Court of this Province, 
that he with others Commission'd for that Purpose in June 
last held a Court of Oyer & Terminer & General Goal 
delivery in and for the County of Essex, and that at said 
Court about Sixty of the Rioters in the County of Essex 
were Indicted by the Grand Jury for said' County, for Riots 
Committed in said County, who hearing thereof came Volun- 
tarily and without Process into Court, Confessed the Indict- 
ments against them, and Submitted to the Mercy of the Court, 
who were fined by the Court in small sums and ordered to be 
bound to their good Behaviour for three Years which they 
Immediately Comply ed with, paid their fines, Costs of Prose- 
cution, and Entered into Recognizances for their good Be- 
haviour accordingly; M r Nevill further Informed us, that 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 551 

by the appearance of the Rioters, he has reason to believe 
the Spirit of Rioting, has Very much ceased in the County 
of Essex some as he believes from a Dislike to the Crime, 
and others by fearing his Majestys forces now in America, 
would be brought against them, in case they persisted in 
opposing the Legal Authority. 

We are also Informed that in November Term last at 
Burlington, a Tryal was then had at the Barr of the Supream 
Court in an Action of Trespass and Ejectment John Styles 
on the Demise of the West Jersey Society in London and 
others Claiming under them against Joseph Webster one of 
the Rioters in Hunterdon County for Lands Lying in said 
County part of a Tract of about One Hundred Thousand 
Acres, belonging to the said Society which in the Year 1735 
was in the Occupation of about one Hundred Tenants for 
Years under the said Society, Rendering them Rent, but 
about the Year 1745 they being then Increased to the Num- 
ber of Several Hundreds of Tenants for Years, Joined with 
the Essex Rioters in many qf the Riots by them afterwards 
Committed, and refused all Rent and Acknowledgement to 
their former Landlords at which Tryal the Title of the 
Plaintiff was Clearly Deduced from the Crown to the Lessors 
of the Plaintiff by near One Hundred Deeds of Convey- 
ances, and other Writings, that not only the Jury were Con- 
vinced of the Justice and Clearness of the Plaintiffs Title so 
as to render A Verdict in his favour, but the Bystanders and 
even many of the Rioters themselves setled on those Lands 
Declared themselves satisfied therewith, and also the Council 
for the Defendants a Gentleman Eminent in the Law from 
Pensylvania Declared his intire Satisfaction as to the Justice 
of the Plaintiffs Title, and advised those Setled on said 
Tract to Contend no farther against so Clear a Title and also 
it appears to us that Robert Lawrence Esq r Att 17 for the said 
Rioters and an Ancient Practitioner of the Law in this Prov- 
ince and Speaker of the Present Assembly Declared his Sat- 
isfaction as to the Justness & Clearness of the Plaintiffs Title 



552 NEW JERSEY COLONIAL DOCUMENTS. [1755 

and afterwards gave the Rioters there the like advice in open 
Court. 

We also find in May Term last at the Supream Court at 
Burlington and also In the Circuit Court in May last for 
Hunterdon County three other Causes on the Demise of the 
West Jersey Society and others Claiming under them against 
some of the Rioters on said >ocietys Tract, were brought to 
Tryall, but the Defendants by advice of their Council made 
no Defence and Judgments were had on said Actions for the 
Plaintiffs, since which we are informed by those Concerned in 
Interest in said Tract that many of the Rioters have Agreed 
with them, some have purchased, and others taken Leases 
from them, and have reason to believe, they shall meet with 
little More opposition on that Tract. 

That the Riots which have Disturbed the Peace of this 
Province since the Year 1745 have been principally Com- 
mitted by People of the County of Essex, and the said People 
on the societys said Tract, who we hope for the reasons before, 
are Generally Sensible of their Errors, and that no more 
opposition may come from them to the Course of Justice and 
Legal Proceeding as to the many Riots Committed within 
two years past, Near the line of New York and this Prov- 
ince, we refer to our other Report of this day Concerning 
that Matter 

By order of the Committee 

DAVID OGDEN Chairman 

Elizabeth Town Aug 8t 20 th 1755 

Which being read was approved by his Excell 7 and this 
Board 

David Ogden Esq r Chairman of the Committee on the 
Depositions Communicated to this Board the 9 th Instant by 
order of the Committee made the following report 

May it please your Excellency 

In obedience to your Excell ys order in Council of the Ninth 
Ins* referring to us the three Depositions therein Mentioned, 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 553 

and to Enquire further into the Matter Contained in these 
Depositions and into what if any Colour for such Conspiracy, 
we have Considered thereof and find that the Colour pre- 
tended for the Conspiracy arises from the uncertainty of the 
Southern and Western Boundaries of the Charter of the 
Colony of Connecticut, and had there been Nothing after- 
wards to Ascertain those boundaries, Yet there was no more 
Colour to Claim any part of New Jersey by virtue of that 
Charter than there was to Claim Mexico, Peru and Brazil, 
for New Jersey was at the date of that Charter in the Posses- 
sion of the Dutch as the others were in the Possession of the 
Spaniards & Portuguese, but we find that all Colour, arising 
from the uncertainty of the said Southern & Western Bounds, 
was taken away as follows We find that on the Twelfth day 
of March 1664 King Charles the Second Granted to his 
Brother James, Duke of York, Sundry Large Tracts of Land 
in America whereof the now Province of New York & the 
now Province of New Jersey were part, and the said Duke 
of York Granted to Lord Berkley and Sir George Carteret 
in Fee, the now Province of New Jersey by Lease & Release 
Dated the 23 d & 24 th days of June 1664 Rendring to the said 
Duke of York and his heirs the Yearly rent of Twenty 
Nobles that by Virtue of a Commission from King Charles 
the Second under the Great Seal of England Dated the Twenty 
Sixth day of April 1664 Commissioners were appointed for 
hearing Determining and Setling the Bounds of the English 
Colonys, by Virtue of w ch the Commissioners thereby ap- 
pointed after hearing of Commissioners appointed by the 
Assembly of Connecticut on the first day of December 1664 
did adjudge order and Declare that the Southern Boundary 
of Connecticut was the Sea Between Connecticut and Long 
Island and that the Creek or River Called Momowneck 1 River 
which was reported to be about Thirteen Miles to the East 
of West Chester and a Line drawn from the East Point or 
side where the fresh Water falls into the Salt, at high Water 

1 Mamaroneck. 



554 NEW JERSEY COLONIAL DOCUMENTS. [1755 

mark North Northwest to the line of the Massachusetts to be 
the Western Bounds of the said Colony of Connecticut, which 
Award of his Majestys said Commissioners was Consented to 
by the Governour & Commissioners of the General Assem- 
bly of Connecticut, as by the said Commission and the said 
Award and Consent all of Record in the Secretarys Office 
of New York more fully may appear, and its Notorious that 
Momowneck River is far Eastward of Hudsons River, & that 
the said North Northwest Line from thence Leaves all New 
Jersey to the Westward of the said West Bounds of Con- 
necticutt. 

And we do further find that afterwards on or about The 
23 d day of November 1683 Certain Articles of Agreement 
were Concluded Between Coll Thomas Dongan then Gov- 
ernour of the Province of New York and the Council of 
that Province on the one side & Commissioners appointed by 
the General Assembly of Connecticut on the other side by 
which Certain lines from Byram River (which is much 
further Eastward than the said Monowneck River and North 
North west line) were agreed to as the Bounds Between the 
Duke of Yorks Territories in America & the Colony of 
Connecticut for ever thereafter which certain Agreement 
was on the Twenty eighth day of March 1 700 ratified and 
approved of by his Late Majesty King William the third 
with the advice of his Privy Council, as by the said agree- 
ment and application upon Record in the Secretarys Office of 
New York may appear and which last mentioned Bounds 
(being about Twenty Miles Eastward of Hudsons River) 
have Continued ever since the Western Bounds of Con- 
necticut, without any pretence to the Contrary by the Colony 
of Connecticut to our knowledge or Belief 

And we do further humbly report to your Excellency that 
as all Colour of Ground for the said Conspiracy was so long^ 
ago taken away as before, [stated] we are humbly of opinion 
that the said Conspiracy and all Endeavours to Carry the 
Same or the like into Execution are highly Criminal and 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 555 

Seditious tending to Disturb and Destroy his Majestys Gov- 
ernment and peace of this Province. 

Wherefore we are humbly of opinion that the said Depo- 
sitions with a Copy hereof be delivered to the Attorney Gen- 
eral of this Province, and that he Communicate the Same to 
the Justices of the Counties in which he may Suspect any of 
the said Conspirators or other such Conspiratprs do live that 
they may diligently enquire, Discover, apprehend, & Com- 
mitt, all such Conspirators and their Aiders and abettors that 
they may be prosecuted by him with the Utmost Rigour and 
Severity of the Law Either by Indictments or Informations 
to file which Informations we are of opinion that he be 
impowered by your Excellency and Councils approbation 
hereof without any further Particular order. 

We are also further of opinion that the Justices of the 
said Counties at the next Quarter Sessions shall Cause a Copy 
of these presents to be read to the Respective Grand Jurys at 
giving them their Charge that they may Diligently enquire 
and true presentment make of all such Conspirators and of 
all persons who by their Actions, or Words, or Writings 
have, Countenanced Aided or abetted or shall Countenance 
aid or abett such Conspiracy, that they may be brought to 
Justice and Punished as Seditious persons and Enemies to 
his Majestys Government and peace of this Province and 
that the Same be in like manner read & recommended in the 
Succeeding Courts of Quarter Sessions, while they have reason 
to Suspect that any such Conspirators remain undiscovered 
and not Prosecuted and Punished in their Respective Counties. 
By order of the Committee 

DAVID OGDEN Chairman 

Elizabeth Town Aug 8t 20 th 1755 

The above report being read was approved of by his Ex- 
cellency & This Board and ordered Accordingly 

His Excellency Nominated the following persons to be 
Justices of Peace in the County of Glocester 



556 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Isaac Jennings ^ 

Alexander Rundall 

Simon Ellis 

Michael Fisher |- of the Quorum 

Samuel Clement 
'Samuel Harrison Jun r J 
Joseph Ellis 
William Michael 
James Sommers 
John English 
James Cooper 
David Cooper 
Thomas Denny 
Henry Wood 
Joshua Stoaks 
Samuel Coles 
Jos Harrison 

He also Nominated Samuel Harrison Jun r Judge of the 
Pleas of the said County to all which the Council Assented 

At a Council held at Elizabeth Town on the 21 st day of 
August 1755 

Present 
His Excellency the Governour 

James Alexander ^ 
James Hude 
Andrew Johnston 
Peter Kemble 
Richard Saltar 
David Ogden 

His Excellency by the advice of Council Signed the fol- 
lowing Warrants 

N 364 To Himself for a Quarters Salary as 
Governour of this Province due the 
Twenty first Ins* 250 



1755] JOURNAL OP GOVERNOR AND COUNCIL. 557 

365 To Himself for a Quarters house rent 

due 21 st Ins* 15,, 

366 To Samuel Nevil Esq r for a Quarters 

Salary as Second Justice of the 
Supream Court of this Province 
due 21 st Ins* 6,, 5,, 

367 To Richard Saltar Esq r for a Quarters 

Salary as one of the Justices of the 
Supream Court of this Province 
due 21 st Ins 4 6,, 5,, 

368 To Samuel Smith Esq r for a Quarters 

Salary as one of the Treasurers of 

this Province due 21 8t Ins* 10,, 0,, a 

369 To Andrew Johnston Esq r for a Quar- 

ters Salary as one of the Treasurers 

of this Province due 21 st Ins* 10,, 0,, 

370 To Courtland Skinner Esq r fora Quar- 

ters Salary as Attorney General of 

this Province due 21 st Ins* 7 10 

371 To Charles Read Esq r for a Quarters 

Salary as Clerk of the Council for 

this Province due 21 s * Ins* 7 10 

372 To John Smith for a Quarters Salary 

as Clk of the Circuit due 21 8 * Ins*.. 5 

373 To William Bradford for Printing 17 

Sheets of the Laws of this Province 
and two Proclamations in full to 
this day 30,, 9,, 

374 To Anthony Elton for a Quarters Sal- 

ary as Doorkeeper to the Council 

the Quarter ended the 21 st Ins* 2 10 

375 To Charles R-ead Esq r for Expresses 

sent at Several times for this 

Province 9 14 

376 To Andrew Robinson Serjeant at Arms 

to the Assembly for 72 days At- 
tendance in full to this day 10 16 



v 



558 NEW JERSEY COLONIAL DOCUMENTS. [1755 

377 To John Titus door Keeper to the 

Assembly for 44 days in fall to this 

day 7 ,,14,, 

378 To John Smith for Copying Sundry 

papers by order of the Assembly 
Certified by Thomas Bartow & 
Robert Lawrence 4 ,, 12 7 

379 To Abraham Clerk Jun r 21 9 4 

in full for his Ace* of past Services 
& 40 for pen Ink & paper allowed 
in the Last Support bill 23 9 4 

380 To Andrew Johnston Esq r to pay for 

the use of the Council room at all 

the Settings before this day 13 19 4 

381 To Samuel Nevil & Phillip Kearney 

Esq" for Compiling the Laws 

Allowed in Last Support Bill 100 

382 To Andrew Johnston Esq r for Money 

paid the Express to General Brad- 
dock at Alexandria 15,, 0,, 

383 To Richard Partridge or order in full 

for his Ace* to the 15 th of January 

last f Last Support Bill 285 5 4 

384 To Jacob De Hart to pay for the 

Assembly room to this day 10,, 0,, 

385 To Peter Kemble Esq r for 33 days 

Attendance in Council in April & 

last Sess 8 9 18 

386 To Richard Saltar Esq r for 48 days 

D in D in October April & last 

Sessions 14,, 8,, 

387 To James Hude Esq r for 71 days D 

in D in October April & last Ses- 
sions 21,, 6,, 

388 To Abraham Clark Jun r for Copying 

the Minutes of Assembly for the 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 559 

Printer recording the Same & Copy- 
ing the Laws 374 Sheets 17 10 

389 To John Bedford Esq r in full for his 

Ace* for Building a Beacon & 
Watchhouse at Nave Sinks ty Last 
Support Bill 14,, 9,, 

390 To Peter Savery for 68 days attendance 

as Serjeant at Arms for the Council 
in the Sessions between August 1754 
& this day 10,, 4,, 

391 To David Ogden Esq r for 41 Days 

Attendance in Council in April last 

& this Sessions 12,, 6,, 

Compared w th the Journals of Council of w oh this & the 
annexed Print makes a true copy 

CHA READ D Secr y 



Proceedings of Council at a Session of the General Assem- 
bly Begun & holden at the Borough of Eliz th on the 12 th 
day of Nov r 1755 

Present 

Andrew Johnston "j 

The Hon ble Peter Kemble >Esq" 
David Ogden 



Continued till Thursday the 13 th Present as before 

His Excellency came into Council & having by the Secre- 
tary Required their Attendance 

They Attended when 

His Excellency was. pleased to make the following Speech 1 
to both Houses. 

Gentlemen of the Council and of the General Assembly 

The present Situation of Affairs in this time of Common 
Danger has made it Necessary for His Majesty s Hoaour & 

1 Printed in N. J. Archives, VIII., Pait II., 162. 



560 NEW JERSEY COLONIAL DOCUMENTS. [1755- 

Interest and for the better safety of this Province to call you 
together at this time to communicate to you several things I 
have received since I last met you & I shall order them to 
be laid before you for your more* Particular Information Viz* 

Whitehall May 13 th 1755 The Lords Justices order upon 
your Petition to his Majesty & the Bill you had Projected 
for Emitting 70,000 in Paper Currency 

Also the Lords of Trades Representation to the King of 
the 19 th of March on the same Affair. 

Whitehall July 26 th The Right Honb le Sir Thomas 
Robinson's Letter of the Expectation that France would 
proceed to an open Rupture with Great Britain & c 

Camp at Oswego Sept r 9 th 1755 

General Shirlys Letter of the Present State of Things 
Respecting the Kings Troops under His Command & of the 
Expediency of Commissioners from this & the Neighbouring 
Governments to Meet at New York the 15 th Ins* in a Gen- 
eral Consultation for His Majestys Service & for the Safety 
of the Provinces 

Hallifax Oct r 1, 1755 Admiral Boscawens Letter to 
Lieutenant Governour Phips as to a Prohibition of the Ex- 
portation of Provisions &cc 

New Castle & Phil a Oct r 29 th & Nov r 1 st 1755 Gov r 
Morris's Letter with Particular Accounts of the Barbarous 
Murders & Depredations Perpetrated by the French & 
Indians on the Poor Distressed People of Pensylvania 

Nov r 7, 1755 James Andersons Affidavit of an Alarm in 
the County of Sussex on the approach of the French & 
Indians towards Easton in Pensylvania 

These things Gentlemen you will Carefully Deliberate 
upon, & which I think must produce your wise Resolutions 
of Exerting all in your power for Maintaining the Kings 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 561 

Honour & Interest & for the Safe Guard of the Good People 
of this Province, and in Aid and Assistance of our Poor Dis- 
tress'd Neighbours if it should finally be found Absolutely 
Necessary 

I think it would be highly prudent to appoint without 
delay A Commission to meet the Commissioners of the other 
Governments at New York the 15 th Ins* 

You will see by Admiral Boscawens Letter the Starving 
Condition the French are in at Canada & Cape Breton that 
I wish the Governments would still Continue their Prohibi- 
tions of the Exportation of Provisions & Warlike Stores 

I do in Justice to Colonel John Anderson of the County 
of Sussex mention his great Alacrity in Raising four Hun- 
dred men and Marching to the Defence of Easton in Pensyl- 
vania, & which I hope will inspirit the other Officers & 
Private men of the Province to exert themselves in defence 
of their People in Case the Enemy should Enter into this 
Province & 1 am glad to say to you that the People in Gene- 
ral seem Resolv'd by the help of God to give the Enemy a 
Warm Reception Wherever they may come. 

I would inform you that upon the Repeated advices I had 
Received I sent my orders 1 ^ Express Last week to Every 
Colonel in the Province to Muster his Regiment & to see 
they be well Equipt with Arms & Ammunition According 
to Law & to be ready to March on the First Notice of the 
Enemy's Approach to any Part of our Frontiers & I must 
not Leave this Article without Earnestly Recommending to 
you the Passing a Bill of all Possible Encouragement to such 
Brave men as Shall Voluntarily engage in the Service of 
their King & Country. 

Altho it is two Months ago since his Majestys Troops 
under the Command of the Brave Major General Johnston 
& the Brave Major General Lyman gave the French & 
Indians such a Remarkable Defeat Yet I must now first of 
all give Praise to the God of Armies and then Congratulate 

i~Printed in N. J. Archives, VIII., Part II., 157. 

36 



562 NEW JERSEY COLONIAL DOCUMENTS. [1755 

you on this happy Occasion & at same time give my thanks 
to these Prudent & Brave Officers and to the Men that fought 
under them with so much Courage & Intripidity 

As the Winter is Just at hand which may prevent the 
further Proceedings on the Plan of operation for the Troops 
till towards the Spring, I shall not Doubt your good & kind 
care that the Regiment of this Province be now & always 
well & Seasonably Supply'd with good Provisions & all War- 
like Stores to Enable them the better to Encounter the Enemy 

God Almighty grant in the time of this Increasing danger 
that not only the three parts of the Legislature may Act in 
great Harmony but that all the Private Members of the 
Common Wealth may Unitedly exert for the Defence of 
themselves & of their Neighbours 

Eliz th Town Council Chamber J BELCHER 

Nov r 13, 1755 

The House Continued till Friday 14 th 



Present 

Andrew Johnston ^ 

The Hon ble Peter Kemble V Esq M 
David Ogden J 

His Excellency came into Council & having by the Secre 7 
inform'd the House of Assembly that he was Ready to receive 
the address of their House. 

The House of Assembly Attended. 

When the Speaker Delivered the following Address 

To His Excellency Jonathan Belcher Esq r Captain General 
& Governour in Chief in and over his Majestys Province of 
New Jersey & Territories thereon Depending in America 
Chancellor & Vice Admiral in the Same &cc 

The Humble Address of the Representatives of the said 
Province in General Assembly Met. 



1755] JOURNAL OF THE PROVINCIAL COUNCIL 563 

May it Please Your Excellency 

We his Majesty's most Dutiful & Loyal Subjects the Rep- 
resentatives of the Colony of of New Jersey in General 
Assembly Met Cannot but express to your Excellency our 
Concern that we are so unhappy as to be denied a Paper Cur- 
rency on the Terms set forth in our humble Petition to his 
Majesty as it would be of the Greatest use to this Colony 

Perceiving by the Intiligence contained in Sir Thomas 
Robinsons Letter that the French seem Likely to draw on a 
War we hope to make a Prudent use of the kind hint he has 
given of being on our Guard. 

Having Lately had Several Instances of Governour Shir- 
leys care over this Province we take this Occasion to Grate- 
fully Acknowledge it, & in Particular what your Excellency 
has now Communicated from him Respecting a Commissioner 
being sent from hence to Assist at the approaching Congress 
at New York But as we have Never on any Occasion been 
Concerned in Sending Commissioners we do not now think it 
Necessary. 

The Regiment of 500 Men under Colonel Schuyler which 
by the Act pass'd Last Session are Supported to some time 
the Next Summer are we apprehend a full Quota for us, 
under our Present Circumstances & when that Expires if the 
Reasons for Continuing the said Regiment on foot is the same 
we doubt not of their being further Supported, but we are 
well Assured the Occasion must be very Extraordinary to 
induce a Province already Loaded as this is to add any thing 
further. 

As the Act for Prohibiting Provisions &c being Carried to 
the French Continues till Next may we apprehend it is Suf- 
ficient for the Present 

As the Accounts from Pensylvania seem very uncertain we 
are in hopes the Consequences will not be so bad as it at first 
appeared however as we are fully Convinc'd that the Exposed 
Provinces have a Force that if Properly exerted will be Suf- 
ficient to repell any Attempts against them we believe there 
will be no Occasion of any assistance from us. 



564 NEW JERSEY COLONIAL DOCUMENTS. [1755 

As from all the Information we have got Notwithstanding 
the Late Alarm at Sussex proved false, we think Colonel 
Anderson & the People of that County under his Command 
having Exerted themselves in so Expeditious a Manner are 
entitled to the Commendation of their Country. 

We join with your Excellency in a humble & Grateful! 
Acknowledgment to the God of Armies for the Late Great 
Victory Obtained by the Army at Lake George & hope Sin- 
cerely that by a happy Union of all the British Colonies 
they may hereafter have Nothing to fear from any force the 
French can bring against them. 

Assembly Chamber Nov r 14, 1755. 

By Order of the house 

ROBERT LAWRENCE 

Speaker 

Several of the Members being of the ^| 
People Call'd Quakers agree to the Sub- 
stance of this address w th their Ussual f 
Exceptions to the Stile } 

Then His Excellency was Pleas'd to Prorogue the General 
Assembly to Meet at Perth Amboy the Last Wednesday in 
December next 

Compared w th the Journals of Council of w ch the foregoing 
is a true Copy CHA READ D Secr y 



At a Council held at the Borough of Elizabeth on Tuesday 
the Second day of December Anno Domini 1755 

Present 
His Excellency Jonathan Belcher Esq r Governour 

James Alexander ^| 

Edward Antill Esq rs 

ble Peter Kemble I of his 

Andrew Johnston f Majestys 

Lewis Morris Ashfield i Council 
David Ogden j 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 565 

His Excellency Delivered the Following Speech 

Gentlemen As I am Daily Receiving Accounts of the Bar- 
barous Murders and Depredations Committed by the French 
and Indians on our Neighbours of Pensylvania near our 
Borders and also at Minisinks within this Colony or very 
Near the same in the Colony of New York and that we may 
expect they will be soon repeating the like if not timely Pre- 
vented therefore desire your advice whether it may not be 
Expedient to order the General Assembly to meet me here 
as soon as possible that the whole Legislature may Consult 
together and do what they think Necessary in this time of 
Imminent danger for the Defence and Protection of the 
Province 

The Council having Considered his Excellencys Speech are 
Unanimously of opinion that the General Assembly be Called 
as soon as Conveniently it can be done 

His Excellency laid before the Council Sundry orders & 
Papers Relating to the Defence of the Frontiers of this 
Province 

Which was Refer'd to a Committee of the Council 

His Excellency also laid before the Council a Letter from 
the Clerk of the County of Sussex Representing the Neces- 
sity of Changing the Place for holding the Courts of Gen- 
eral Sessions and of the Pleas, and Proposed that there 
should be a New Ordinance ordering the Courts to be held 
at the House of Thomas Wolverton Esq r 'till such time as 
there should be a Court House Erected in said County to 
hold the Courts in, to which the Council Assented and 
Advised. 

A Petition from the Indians at Bethel & Crambury was 
presented to his Excellency in Council Setting forth the danger 
they were in not only of being Destroyed by the English but 
also by the Indians in the French Interest and Desiring the 
Protection of the Government 

Which was Referred to a Committee of the Council 



566 NEW JERSEY COLONIAL DOCUMENTS. [1755- 

The Board Continued till Wednesday the 3 d day of De- 
cember 1755 

Present His Excellency the Governour 



The Hon ble 



James Alexander 
Edward Antill 
Peter Kemble 
Andrew Johnston 
Lewis Morris Ashfield 
David Ogden } 



Esq 
of his 

Majesty s 
Council 



M r Ogden Chairman of the Committee Reported as 
followeth 

May it please Your Excellency 

We have Considered the Petition of the Indians at Cram- 
bury and Bethel laid before us by your Excellency and for 
the Safety of other His Majestys Subjects as of the s d Indians 
themselves are of opinion as follows first that Books be Pro- 
vided one Whereof to be left with William Crawford Esq r 
in the County of Middlesex one other with Jonathan Forman 
Esq r in the County of Monmouth one other with Ralph 
Smith Esq r in the County of Hunterdon one other with 
Colonel Abraham Van Campen one other with Richard Gar- 
diner Esq r in the County of Sussex Two in the County of 
Morris one in the hands of Robert Gobel Esq r the other in 
the hands of Robert Gold Esq r two others in the County of 
Bergen one in the hands of Peter Post Esq r the other in the 
hands of Jacobus Peak Esq r two in the County of Essex one 
to be Left with Samuel Woodruff Esq r the other with Uzel 
Ogden Esq r one in the County of Somerset in the hands of 
Bryant Lafferty Esq r one in the County of Burlington in the 
hands of Joshua Bispham one in the County of Gloster in 
the hands of Isaac Jennings Esq r one in the County of Cum- 
berland in the hands of Richard Wood Esq r one in the 
County of Cape May in the hands of Henry Young Esq r 
and that they enter the Names & Natural Descriptions of the 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 567 

Persons as fully and Particularly as they can with the Num- 
ber and Residence of their Family if any and such Indians 
who shall from time to time apply to them upon such Indians 
making a Solemn Declaration of their Fidelity to his 
Majesty and Attachment to their Brethren the English and 
upon giving the Magistrate such Circumstantial Proof as he 
shall think Sufficient to Convince him of their Sincerity upon 
which the said Magistrate is to give the Indian so applying a 

Certificate in the Form Following ... I 

one of the Justices of the Peace for the County of .... 
do hereby Certifye that . . . '. an Indian aged about 

years of the ... Tribe in the County of 

. . . did on this day of .... 

175 appear before me and did then & there make Solemn 
Declaration of his Fidelity to his Majesty and Attachment to 
his Brethren the English and also Desired to be Registered 
as one of his Majestys good Subjects which was Accordingly 
done by me 

And we are also of Opinion that to prevent any Accident 
happening to such Indian thro Mistake that the Magistrate 
who gives him the Certificate should at the same time give 
him a Red Ribbon and desire him to wear it upon his head 
when he happens to be in any place where such Accident may 
be Likely to happen that he may not be taken by any of the 
People of this Province for an Enemy but known as a friend 

We are also of Opinion that any Indian after Twenty days 
from the Date of the Proclamation his Excellency shall Issue 
for that Purpose Travelling thro or being in this Province 
who shall not have such Certificate or Produce it upon being 
Requested should be taken up and Carried before any Justice 
of the Peace and be by him Examined and if he shall not 
give such an Account of himself as will be Satisfactory to 
the said Justice of Peace that he is Neither a Spy or an 
Enemy and got himself Registered and take a Certificate 
should be Committed till he finds Security for his good 
Behaviour 



568 NEW JERSEY COLONIAL DOCUMENTS. [1755 

We are of opinion that his Excellency be advised to Issue 
a Proclamation to the Purpose Aforesaid 

By order of the Committee 

DAVID OGDEN Chairman 
Elizabeth Town 

Dec r 3 d 1755 

Which being read was approved by his Excellency and 
the Board 

His Excellency Delivered a Speech to the Council Relat- 
ing to the Meeting of the Kings Governours at the Congress 
at New York in the Words Following Viz* 

Gentlemen 

I have Lately Received a Letter from General Shirley 
Telling me he soon Expects a Meeting of Several of the 
Kings Governours at New York to Consult upon a Plan of 
Operation for the Kings Troops for the Year Insueing and 
where he desires me to be if my health would allow, but as 
it will not I have already Desired the Hon ble Thomas 
Pownall Esq r his Majesty s Lieutenant Governour of this 
Province to Represent me as his Majesty s Governour of New 
Jersey and to attend in my Stead at the said Meeting & in 
which Matter 1 I Desire your advice and Approbation if you 
think Proper 

In Answer to the above this Board is Unanimously of 
opinion that as his Excellencys Health Cannot Permit him 
to attend the Meeting Requested by General Shirley that his 
Honour the Lieutenant Governour of this Province do attend 
According to General Shirleys Invitation to him to be A 
Member of that Meeting in above Case 

Which was agreed to Accordingly 

When His Excellency Delivered the Following Speech 

Gentlemen 

By a Late Letter from His Majestys Ministers they Direct 
me to advise what places may be Proper to be Fortified in 

*See letter from the Lords of Trade, N. J. Archives, VIII., Part II., 215. 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 569 

this Province and in What Manner for the Better Security & 
Defence of the Province on which I Desire your Opinion 
and Advice 

In Answer to the Foregoing Question the Council Desired 
time till the Next Meeting of Council to Consider of the 
Same 

The Council having Considered the orders and Papers 
Relating to the Defence of the Frontiers of this Province M r 
Ogden Chairman of the Committee reported as followeth. 

May it please your Excellency 

In obedience to your Excellencys Commands Relating to 
the Dangerous State of the Frontiers of this Province we 
have Considered of the Same and are of opinion that your 
Excellency Issue orders to the Colonels of the Several Regi- 
ments in the six Following Counties in the Province to make 
the Following Detachments from their respective Regiments 
Viz* Bergen Two Subalterns and Thirty Men Hunterdon one 
Captain one Subaltern and Sixty Men Essex one Captain one 
Subaltern and Fifty Men, Middlesex One Captain One Subal- 
tern & Forty five Men, Morris One Captain One Subaltern 
and Forty Men Somerset One Captain one Subaltern and 
forty Men to be under the Direction of a Commander in 
Chief to be appointed by your Excellency to whom we are 
of Opinion your Excellency should give the Following 
Instructions 

You are to take with you such a Number of the Officers 
and men under your Command as you shall see Necessary 
Posting the rest from time to time in such Place or Places as 
you shall find best for the Service and with such Number 
you are to take an Exact Review of the Frontiers of this 
Province in the Countys of Morris and Sussex Noting such 
Places and Passes as an Enemy can pass thro, Either in Large 
Bodies or Covert Scouting Parties Describing when and how 
such may be best Defended, in Remarking the Nature of such 
Defence, such holds & Fastnesses as are fit to take Post upon, 
for Building Block Houses, Forts or Magazines, or whether 



570 NEW JERSEY COLONIAL DOCUMENTS. [1755 

there be any House so Situated that it may & can be so 
Strengthened as to defend such Pass, in doing of which you 
are to have Particular Regard that there be a Communication 
thro the whole Line, You are also to observe such Fords 
Landings &c where the Line of our Frontiers runs, along 
Rivers, Creeks, Lakes, or Drowned Lands, as an Enemy can 
Pass in a Large Body or Small Covert Parties you are also 
to observe all such Places as are Proper or Likely to be made 
use of By the Enemy for Concealing their Canoes Battoes &cc 

You are by such Parties Divided into such Numbers of the 
Men under your Command as you see Necessary to take Post 
in such Places as above shall appear to you best Adapted for 
the Defence of this Line of Frontiers, You are there to order 
& See such Posts Fortified and Strengthened in the best 
Manner you are able keeping out a Constant Patroll from Post 
to Post appointing at each Post Proper Signals of Alarm 
Acquainting the Inhabitants of the Country with such Signals 
taking Care to Distinguish by your Signals whether the Alarm 
be only of a Scouting Small Party or Whether of a Large 
Body Distinguishing also by your Signals Whether it be 
Necessary for the Forces of the Country to Assemble or 
Whether only to be upon their Guard that the Country may 
not be Harrassed and put to an Expence upon every Little 
Alarm 

As soon as you have finished your Review or Sooaer if 
you find it Necessary You are to make Report to me of all 
your Proceedings as also of such Review 

You are also from Time to Time as often as Occasion shall 
require or you have Convenient Opportunity to make Report 
to me of the State of the Service and of the State of the 
Forces under your Command 

You are to order all Officers Acting under you upon every 
Command and Party to make Report to you of their Respec- 
tive Proceedings which you are also to Transmit to me. 

You are to Consult upon your Review in Delineating 
where the Block Houses are to be Erected with Colonel Van, 
Campen Colonel Anderson & Richard Gardiner Esq r 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 571 

And Whereas I have Received Advice that the like Meas- 
ures are taking for the Defence of the Frontiers of New 
York, you are to keep up a Constant Friendly Correspondence 
with the Officers of that Government & Forward all Neces- 
sary Intelligence to them and to give them Assistance if 
required they having orders to give Like Assistance and 
Information to the officers of this Government who are to 
Avoid all Disputes Concerning the Limits or Line Between 
the two Governments 

By order of the Committee 

DAVID OGDEN Chairman 
Elizabeth Town! 

Dec 1 3, 1755 J 

Which being Read was approved by His Excellency & 
this Board 

His Excellency by Advice of Council Issued the Follow- 
ing Proclamation 

By His Excellency Jonathan Belcher Esq r Captain General 
Governour & Commander in Chief in and over His Majestys 
Province of Nova Ceasarea or New Jersey and Territories 
thereon Depending in America Chancellor and Vice Admiral 
in the Same &cc 

A Proclamation 

Whereas Divers of the Indian Inhabitants of this Province 
who Profess their Fidelty to his Majesty & their Attachment 
to the English Nation have applyed to me & Desired the 
Protection of the Government I have therefore thought fit by 
and with the advice of His Majestys Council as well for 
the Protection of such Indians as are Realy Friends as of 
His Majestys Subjects in General and in order to Prevent 
any Accident To Issue this Proclamation & I do hereby 
order that each & Every of the Magistrates herein after 
Named Provide himself with a book to be kept by him for 
Registering such of the Indians as Shall apply for the Same 
Viz* William Crawford Esq r in the County of Middlesex 






572 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Jonathan Forman Esq r in the County of Monmouth Ralph 
Smith Esq r in the County of Hunterdon Colonel Abraham 
Abraham Van Campen and Richard Gardiner Esq rs in the 
County of Sussex Robert Gobel & Robert Gold Esq rs in the 
County of Morris Peter Post & Jacobus Peak Esq rs in the 
County of Bergen Samuel Woodruff & Uzel Ogden Esq rs in 
the County of Essex Bryant Lafferty Esq r in the County of 
Somerset Joshua Bispham Esq r in the County of Burlington 
Isaac Jennings Esq r in the County of Gloster Nathaniel 
Chamness Esq r in the County of Salem Richard Wood 
Esq r in the County of Cumberland & Henry Young 
Esq r in the County of Cape May and that they enter 
therein the Names and Natural Descriptions of the Per- 
sons as fully & Particularly as they can with the Num- 
ber & Residence of their Family if any and such Indians 
who shall apply to them & Make Solemn Declaration of 
their Fidelity to his Majesty and Attachment to their 
Brethren the English and give such Circumstanial Proof as 
they or any of them before whom such Indians may come as 
will be Sufficient to Convince him of their Sincerity then the 
said Magistrate must give to the Indian so applying a Certi- 
ficate in the form following . . I . . . . one of the 
Justices of the Peace for the County of .... do 
hereby Certify that ... an Indian aged about . . . 
years of the . . . . Tribe in the County of .... 
did on the .... day of . . . . 175 Appear 
before me and did then & there make Solemn Declaration of 
his Fidelity to his Majesty and Attachment to his Brethren 
the English and also Desired to be registered as one of his 
Majestys good Subjects which was Accordingly done by me. 
And to Prevent any Accident happening to such Indian 
thro Mistake I order that the said Magistrate when he gives 
a Certificate shall Likewise give a Red Ribbon & Desire him 
to Wear it upon his head when he happens to be in any place 
where such Accident may be Likely to happen that he may 
not be taken by any of the People of this Province for an 
Enemy but known as a Friend 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 57$ 

And I do hereby further order & Command that any 
Indian which shall or may be found in this Province after 
Twenty Days from the Date hereof not having such Certi- 
ficate and Produce it if requested shall be taken up & Carried 
before any Justice of the Peace who shall Examine him and 
if he Cannot give a Satisfactory Account to the said Justice 
that he is Neither a Spy or an Enemy and get himself 
Registered & take a Certificate shall be Committed till he 
finds Security for his Good Behaviour. 

Given under my hand and Seal at Arms at the Borough of 
Elizabeth The Third day of December in the Twenty Ninth 
Year of His Majestys Reign Anno Domini 1755 

J: BELCHER 

By His Excellency s Command 

CHA" READ Secret 17 

(God save the King) 

The foregoing are true Copies of the Minutes of the Privy 

Council Compared by me 

ROB* OGDEN D Secretary 

Proceedings of Council at a Session of the General Assem- 
bly Begun & Holden at Elizabeth Town on Tuesday The 
Sixteenth day of December 1755 

The House Met Present 

Andrew Johnston "^ 
Peter Kemble 

The Hon ble Richard Saltar J- Esq" 

Lewis Morris Ashfield j 
David Ogden 

His Excellency came into Council & having by the Clerk 
of the Council Required the attendance of the House of 
Assembly they Attended when his Excellency was Pleas'd ta 
make the following Speech 1 To both Houses 

1 1 Tinted in N. J. Archives, VIII., Part II., 195. 



574 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Gentlemen of the Council and of the General Assembly 

" From my last parting with you I have been been Con- 
" tinually Receiving Expresses with Accounts of the Barbar- 
" ous Cruelties & Murders Committed by the Indians on our 
" Neighbours of Pensylvania & the Poor People of this 
" Province, Living on Our Frontiers Praying at the same 
" time for Defence and Protection in this time of Emminent 
" Danger and in Consideration of these things, I Directed 
" his Majestys Council to meet me to have their advice what 
" was most Necessary & Expedient to be done And they were 
" Unanimously of opinion that the Assembly should meet, 
" and the whole Legislature Enter into a Joint Consultation 
" upon the Present Situation of Affairs. The Particular 
" Proceedings of the said Council I have ordered to be laid 
" before you together with a Proclamation I Issued by their 
" Advice 

" The Poor People Living on our Frontiers being in Con- 
" tinual Danger And Distress fearing soon to be Attacked by 
" the Enemy, as you will find by Many Letters & Petitions 
" which shall be laid before you : it seems absolutely Neces- 
" sary, that A Number of Block Houses be Built without 
" Delay on the River Delaware, and to be Furnished with 
" Three or Four Hundred Men and with Arms Amunition 
" & c which Provision must be made by you Gentlemen of the 
" General Assembly And for which Charge I believe your 
41 Constituents are very Desirous to be Taxed And Since they 
"are Willing to Part with a Reasonable Share of their 
" Estates, to Save the Rest together with the Lives of them- 
" selves, their Wives and Children I think you Cant Ballance 
" the thing in any Delay, but Immediately Grant a Supply 
" for Defraying the Charge of what I have Mentioned 

Gentlemen f the Council and of the General Assembly. 

" I hope all the Branches of the Government will Act in 
" the best Union & Harmony in the Present Emergency for 
" Maintaining the Safety & Wellfare of the Province always 
" Considering if the Inhabitants of the Frontiers are forced 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 575 

4f to leave their Habitation the Towns that seem now to be 
" Less in Danger will soon become Frontiers to the Ruin of 
"the Province To Prevent which Nothing in our Power 
" should be Wanting 

Elizabeth Town Council 1 J. BELCHER 

Chamber Dec* 16 th 1755 J 

The Speaker and House of Assembly Returned & his 
Excellency Withdrew 

The House Continued till Wednesday Dec r 17 th 1755 



Present. 

Andrew Johnston 
Peter Kemble 
The Hon bl Rich d Saltar Esq" 

Lewis Morris Ashfield 
David Ogden J 

The House Continued till Thursday Dec r 18 th 1755 



Present 

Andrew Johnston 
Peter Kemble 
The Hon ble Richard Saltar j- Esq r 

Lewis Morris Ashfield j 
David Ogden J 

The House Continued till Friday Dec 1 19, 1755 



Present 

Andrew Johnston ^ 
Peter Kemble 

The Hon ble Richard Saltar j- Esq" 

Lewis Morris Ashfield j 
David Ogden 

The House Continued till Saturday Dec r 20 th 1755 



576 NEW JERSEY COLONIAL DOCUMENTS. [1755* 

Present 

Andrew Johnston ^j 
Peter Kemble 

The Hon ble Richard Saltar }> Esq rs 

Lewis Morris Ashfield j 
David Ogden J 

The House Continued till Monday Dec 1 22 d 1755 

Present 

Andrew Johnston ~) 
Peter Kemble 

The Hon ble Richard Saltar j> Esq" 

Lewis Morris Ashfield | 
David Ogden 

M r Nevill M r Read M r Fisher & M r Ladd from the House 
of Assembly Presented for the Concurrence of this House a 
Bill Entitled an Act for making Current Ten Thousand 
Pounds in Bills of Credit to Enable the Inhabitants of this 
Colony to Protect & Defend their Frontiers from any Inva- 
sions which may be upon the Same by the Enemy & more 
Particularly for making Provision for the Guard & Defence 
of the Frontiers of this Province along the River Delaware 
In the County of Sussex and other places adjacent by Erecting 
Block Houses And Supplying the Same with such a Number 
of Forces as shall be Thought Necessary for that Purpose 
and also for Directing the manner for Sinking the said Bills 
of Credit & Subjecting such of them as shall not be used on 
the Present Occasion to be employed for the Services of the 
Provincial Forces under Colonel Schuyler & on other Emer- 
gencies w ch Bill was Read the first Time & ordered a Second 
Reading 

The House Continued till 



1755] JOURNAL OF THE PROVINCIAL COUNCIL. 577 

3 oClock P. M. 
Present as before 

The Bill Entitled an Act for Making Current Ten Thou- 
sand Pounds in Bills in Credit to Enable the Inhabitants of 
this Colony to Protect & Defend their Frontiers & was Read 
a Second time & Committed to the Gentlemen of the Council 
or any three of them 

The House Continued till Tuesday De</ 23 d 1755 



Present 

Andrew Johnston ^ 
Peter Kemble 

The Hon ble Richard Saltar \ Esq" 

Lewis Morris Ashfield j 
David Ogden J 

M r Ashfield from the Committee to whom was Referred 
the Bill Entitled an Act for Making Current Ten Thousand 
Pounds & as Yesterday Afternoon, Reported the same with- 
out Amendment 

Ordered that the said Bill be read a Third time & on the 
Question 

Resolved that the said Bill do Pass 
Ordered that the Speaker do Sign the Same 
Ordered that M r Ashfield do acquaint the House of Assem- 
bly therewith. 

M r Ashfield Reported that he had obeyed the above orders 
M r Ashfield & M r Ogden Dissented from the Passing said 
Bill 

The House Mett 

A Message from the House of Assembly in the following 
Words 

37 



578 NEW JERSEY COLONIAL DOCUMENTS. [1755 

Ordered 

That M r Dehart & M r Bradburry do wait ' on the Council 
and Desire to know if they have any Business before them, 
if not that this House purposes to apply to his Excellency, 
for a Dismission 
Assembly Chamber \ By order of the House ) 

Dec r 23 d 1755 f ABRA : CLARK JN F Clk J 

The House Continued till 3 Clock P M December 23 d 
1755 

Present 

Andrew Johnston ^ 
Peter Kemble 

The Hon ble Richard Saltar '}> Esq" 

Lewis Morris Ashfield j 
David Ogden J 

When His Excellency was pleas'd to Deliver the Follow- 
ing Resolves to the Council for their Concurrence 

Assembly Chamber December the 23 d 1755 

Resolved 

That Hendrick Fisher and Jacob Spicer Esq rs Commis- 
sioners do Supply The Forces in the Pay of this Colony 
under Colonel Schuyler with all the Necessarys they may 
want as Near as may be, Conforming themselves to the Direc- 
tions of the Act Entitled "An Act for Making Current 
" Fifteen Thousand Pounds in Bills of Credit for the Further 
" Supply & Pay of the Forces Lately raised in this Colony 
"under the Command of Colonel Peter Schuyler and for 
"Directing the Manner how the said Fifteen Thousand 
" Pounds shall be Sunk " but where the said Act does not Pro- 
vide for keeping up & Maintaining the full Quantity of 
Guns, Cartridge Boxes, Bayonets, Kettles & Tents, they are 
to Supply them Provided always that due care be taken that 
the Intention of the Law may be Comply ed with, in Deduct- 



1755] JOURNAL OP THE PROVINCIAL COUNCIL. 579 

ing from the Soldiers Wages, the Price of any thing that 
they may Negligently or Wilfully Waste 

Resolved that Whatever Necessaries the said Hendrick 
Fisher and Jacob Spicer shall Supply the said Forces with 
While they are on the Frontiers of This Colony, on Repair- 
ing there, shall be allowed in their Accounts when Laid 
before the General Assembly. 

Whereas it seems Likely that Money for the Purposes In- 
tended by the Act Pass'd this Sitting will be Wanteti before 
it can be got Ready 

Resolved that upon applycation made to the Treasurers of 
this Colony or Either of them they or Either of them shall 
Pay to John Stevens John Johnston John Wetherill & Jona- 
than Hampton Esq or Either of them Such Sum or Sums as 
they may Respectively Want in Consequence of the Direc- 
tions of the Act of Assembly Pass'd at this Sitting out of 
the Money made Current by the Act for Emitting the Last 
Fifteen Thousand Pounds in Bills of Credit and to Replace 
the same out of the Money to come into their hands by 
Virtue of the Act Pass'd this Sitting 

Ordered That M r Johnston & M r Wetherall do Carry the 
Above Resolves to the Council for Concurrence 
By Order of the House 

ROBERT LAWRENCE 

Speaker 

To which Resolves this House Concurred and His Excel- 
lency Assented thereto 

His Excellency having by the Clerk of the Council In- 
formed the House of Assembly that he was in the Council 
Chamber Ready to Receive the Address of that House 

The Speaker & the House of Assembly Attended & Deliv- 
ered their Address in the Following words 

To His Excellency Jonathan Belcher Esq r Captain General 
& Governour in Chief in and over His Majestys Province of 
New Jersey & Territories thereon Depending in America 
Chancellor & Vice Admiral in the Same & 



580 NEW JERSEY COLONIAL DOCUMENTS. [1755 

The Humble Address of the Representatives of the said 
Province in General Assembly Met 

May it Please your Excellency 

We his Majestys Dutiful & Loyal Subjects the Representa- 
tives of the Colony of New Jersey in General Assembly 
Convened being Compassionately Affected at the Barbarities 
Committed by the Ind n Enemy on our Neighbours of Pen- 
sylvania Cannot but Esteem this Province obliged to your 
Excellencys care in Giving us this opportunity of Providing 
for the Security of our Frontiers against the Unrelenting 
Cruelties of so Savage an Enemy 

As by the Accounts we have received it appears that Pen- 
sylvania is Depopulated for a Considerable Distance that 
Many of Her Inhabitants are Murdered and Some with most 
Aggravating Marks of Inhumanity, that many fine Planta- 
tions and Improvements are Laid Waste & Several of them 
even within the View of our People on the Frontiers of this 
Province who are thereby become a Frontier themselves : it 
is therefore not to be Wonder'd at, that they are in Confusion 
& Likely to Leave their Plantations If, Something is not 
done for their Relief, on which occasion this House has 
Received a Considerable Number of Petitions from many 
Parts of the Province Signed by an Unusual Number of 
Freeholders, Praying that Something may be done on the 
Present Emergency all which having been duly Considered 
together with the Inconvenience of Making An Addition at 
this time to the Heavy Taxes already Laid on the Inhabi- 
tants of this Colony we have after due Deliberation (By the 
Bill Sent to the Council) for Making Current Ten Thousand 
Pounds, made such Provision as with the Blessing of Divine 
Providence we hope will give the Desired Relief. 
By order of the House 

ROBERT LAWRENCE Speaker 

Assembly Chamber | 
December 22 d 1755 I 

The House Continued till Wednesday Dec 1 24 th 1755 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 581 



Present 

Andrew Johnston 
Peter Kemble 
The Honb le Richard Saltar 



- Esq r 



Lewis Morris Ashfield 
David Ogden J 

His Excellency came into Council & having by the Clk. 
of the Council Required The Attendance of the House of 
Assembly they Attended, when his Excellency was Pleased 
to give his Assent to the Bill Entitled An Act for Making 
Curr 4 Ten Thousand Pounds in Bills of Credit to Enable 
the Inhabitants of this Colony to Protect & Defend their 
Frontiers from any Invasions w ch May be made upon the 
Same by the Enemy &c 

After which he adjourned the General Assembly to Meet 
him At Elizabeth Town on the Twenty Second Day of 
January next 

At a Council held at Elizabeth Town Dec r 24 th 1755 

Present 
His Excellency the Governour 

Andrew Johnston "^ 
Peter Kemble Esq rs 

The Hon ble Richard Saltar of his 

Lewis Morris Ashfield | Majestys 

David Ogden J Council 

His Excellency by the Advice of Council Signed the fol- 
lowing Warrant 

N 404 To James Alexander Esq r The Sum of s : d 
Thirty two Pounds For 107 Days 
attendance in Council the several 
Sessions of General Assembly Feb ry 
1751/2 To this time 32,, 0,, 



582 NEW JERSEY COLONIAL DOCUMENTS. [1755 

His Excellency informed the Council that Several Indians 
had been Brought to Town by Petrus Decker from the 
Frontiers of Sussex County Who were now at the Goal of 
this Borough and he Desired that the Matter Might be 
Enquired into and that he might have the advice of the 
Council on the Affair and as to what Steps shall be taken 
with Suspected Indians as they may be Brought to him 

The House Continued till 



3 o Clock P M 

Present 
His Excellency the Governour 

Robert Hunter Morris ^ 

Andrew Johnston 

Peter Kemble I Esq" of His 

Richard Saltar Majestys 

Lewis Morris Ashfield j Council 

David Ogden 

May it Please your Excellency 

In obedience to your Commands we have taken the Indian 
Affair into Consideration and are of opinion that your Excel- 
lency order the Several Indian Inhabitants of this Province 
to Meet at Crosswick at a Time to be Fixed by your Excel- 
lency there to Consult with Persons to be appointed by your 
Excellency for that Purpose of the Methods that will be 
most Suitable & Convenient to them and most for the Safety 
of the Inhabitants of this Province with Regard to their 
Joining us, and to the Protection of their Wives and Chil- 
dren & Whereas there is no Fund for Defraying the Expence 
thereof, we have Encouraged by the Resolve of the House, 
opened a Subscription, in Confidence that the House of 
Assembly will agree to raise the Money for the Repayment 
of the Sev 11 Subscriptions, and we are also of opinion that 
those Indians who appear to be Friends to the English shall 



1755] JOURNAL OF GOVERNOR AND COUNCIL. 583 

be Brought Down & Maintained among the Inhabitants of 
this Province, and an Ace* taken of their Expences to be 
paid out of the Subscription Money or as shall be otherwise 
hereafter Provided 

M r Ogden informed His Excellency that the Present Terms 
of The Courts for Morris County were Inconvenient & Pro- 
posed that the Same should Sett the Second Tuesday in March 
the first Tuesday in July the fourth Tuesday in September & 
the third tuesday in December 

His Excellency by Advice of Council ordered an Ordi- 
nance To Issue Accordingly 

His Excellency Nominated John Taylor & John Little 
Eeq to be Judges of the Pleas in the County of Monmouth 
to Which the Council Assented 

His Excellency Desired the advice of Council as to a 
Person Fit to be Employed as Commander in Chief of the 
Forces in Garrison on the Frontiers 

The Council Recommended Cornelius Hotfield on His 
Refusal John Allen Esq r & on His Refusal Pontius Stella 

M r Ashfield from the Committee to whom the Affairs of 
the Frontiers was referred Made the Following Report 

May it Please your Excellency 

In obedience to your Excellencys Commands Relating to 
the Instructions to be given to the Commander in Chief for 
the time being upon the Frontiers of this Province having 
Considered the Same are of Opinion that the Following In- 
structions be given 

1 st That he take the best care he can to Secure the Several 
Inhabitants of this Province In their Persons & Possessions 

2 d That he Divide the Men under his Command into such 
Parties & Post them in Such Places as shall be by him in 
Conjunction with John Stevens & John Johnston Esq or 
one of them thought Prudent or Adviseable if the said John 
Stevens & John Johnston Esq rs are on the Frontiers of this 
Province or can be Conveniently met with, & Whereas Col- 
onel Schuyler has Promised his Assistance that he be also 



584 NEW JERSEY COLONIAL DOCUMENTS. [1755 

advised with if on the Frontiers or Conveniently to be met 
with & that the said Commander in Chief keep out a Con- 
stant Patroll from Post to Post Appointing at Each Post 
Proper Signals of Alarm, Acquainting the Inhabitants of 
the Country with such Signals taking Care to Distinguish by 
the Signals Whether the Alarm be only of a Scouting Small 
Party or Whether of a Large Body Distinguishing also by 
his Signals Whether it be Necessary for the Forces of the 
Country to Assemble or Whether only to be upon their 
Guard, that the Country may not be Harrass d And put to an 
Expence upon Every Little Alarm 

3 d That the Said Commander in Chief do and Shall from 
time to time During the Time the said John Stevens & John 
Johnston Esq rs or Either of them Shall be Erecting Block 
Houses or other Places of Defence order Such Detachments 
of the Men under his Command as the Said John Stevens 
and John Johnston or one of them in the absence of the other 
shall think fit & Necessary for their Defence & Safety & for 
the Defence & Safety of the Workmen & Labourers by them 
or Either of them Employed in Building Block Houses or 
other Places of Defence on the Frontiers of this Province 

4 th That in Case of any Attack upon the Settlements in Pen- 
sylvania near the Frontiers of this Province the Commander 
in Chief for the time being send such Detachments as he 
shall think Necessary to their Assistance Consistent with the 
Safety of the Frontiers of this Province 

5 th That he order all Officers Acting under him upon 
every Command & Party to make Report to him of their 
Respective Proceedings w ch he is to Transmit to your Excel- 
lency as also from time to time as often as Occasion shall 
Require or he has Convenient opportunity to make report to 
your Excellency of the State of the Service & of the State 
of The Forces under his Command 

6 th That he keep up a Constant Friendly Correspondence 
with the officers of the Government of New York Placed on 
the Frontiers thereof & forward all Proper Intelligence to 



1755] JOURNAL OP GOVERNOR AND COUNCIL. 585 

them & Give them Assistance if Necessary they having 
orders to give Like Assistance & Information to the officers 
of this Government who are to avoid all Disputes Concern- 
ing the Limits or Line between the two Governments & keep 
up the Like Correspondence with the officers of Pensylvania 
if any Near the Frontiers of this Province 

Eliz th Town ^ By order of the Committee 

Council Chamber > LEWIS MORRIS ASHFIELD Chairman 
Dec* 24 th 1755 J 

His Excellency Informed the Board that he Proposed to 
Commission The Hon ble Richard Saltar Esq r Cha' Read & 
Samuel Smith Esq to Treat with the Ind 8 at Cross wicks the 
8 th day of Jan ry Next 

The Foregoing are True Copies of the Minutes of Council 
of the Legislation and of the Privy Council Compared by Me 

ROBERT OGDEN D Secre 7 



INDEX. 



Abbot : John, 429. 

Absconding debtors, 10, 14, 44, 59, 68. 

Agee : Adam, 534, 535, 537, 588, 541, 545. 

Alexander: James, In Council. 6-10, 13, 
15, 20, 23, 24, 30, 32, 35, 45, 47, 58, 60, 
63, 68, 73, 74, 83, 84, 87, 88, 94-96, 98, 
100, 107, 115, 116, 119, 125, 126, 128, 130, 
136, 137, 139, 145-148, 156, 158-161, 163, 
164, 166, 167, 169, 172, 177, 178, 184, 189, 
197, 198, 203,205, 206, 209-214, 217, 219- 
221, 225, 236, 240, 246-248, 260, 254, 258, 
263, 271, 277, 281, 290, 293, 296, 308, 314- 
816, 318-321, 328-338, 349, 353-357. 365, 
366, 381. 433, 442, 452, 461, 462, 465-469, 
473, 477, 483-487, 490, 493, 506-508, 515, 
518-526, 522, 523, 528-530, 532-536, 538, 
539, 541, 545, 556, 564, 666. Commis- 
sioner under the Pardon act, 11. Of 
a committee, 116, 129, 298, 299. 309, 342, 
882. Messenger, 159, 316. Lays depo- 
sitions before the Council, 190, 191, 194, 
243-246. Signs address of condolence 
to His Majesty on the death of the 
Prince of Wales. 308. Referred to, 340. 
His reasons for dissenting to the pas- 
sage of the Support bill, 362. Moves 
the admission of Mr. Ashfield to the 
Council, 385. Letter from, to Gov. 
Belcher, concerning a memorial of 
the Council of Proprietors. 435-439. 
In connection with the New York 
Boundary dispute, 498-503, 512. His 
reasons for opposing the passage of 
the bill for providing for the subsist- 
ence of His Majesty's troops, 520, 540, 

Allen : John, 88, 422, 425, 583. 

Allen : "William, 207, 208. 

Alsop : John, 437. 439, 440. 

American Colonies : Plan for the union 
of, 488-490. 

Anderson : Enoch, 464. 

Anderson : James, 560, 561, 

Anderson : John, 12, 90, 91, 277-280. 

Antill : Edward, In Council, 1, 2, 4, 8-10, 
18, 15, 20, 24, 30, 32, 35, 47, 58, 60, 63, 83, 
84.86, 98, 100, 156, 160, 161, 166, 167, 169, 
177, 178. 184, 189, 197, 198, 203, 442, 454, 
455, 458, 564, 566. Of a committee, 22, 
26, 34, 62, 63, 65, 447, 448. Presents an 
affidavit, 191. 

Applyn : Joseph, 430. 

Arrison : John, 91, 93, 310, 

Ashfleld : Lewis Morris, Presents his man- 
damus for admission into the Council, 
315. Refused admission by Governor 
Belcher, 316. Resolutions of the 
Council relative thereto, 317. His 



case considered in Council, 318. 
Memorial of. to the Council, 324-327. 
The Council rebuked by Governor 
Belcher, for intermeddling with his 
case, 346 Acquitted of charges 
against him, seeks admission to the 
Council, and is denied by Governor 
Belcher, 385. Record of the Supreme 
Court in relation to, 401, 402. Pre- 
sents His Majesty's royal mandamus 
to the Governor, by whose direction 
he takes the oath of office and his seat 
in Council, 402. In Council, 403, 405- 
411, 416, 417, 419, 420 429, 431, 442, 452, 
459-462, 466-468, 473, 477, 564, 566, 573, 
575, 578, 581, 582. Messenger, 404, 405, 
407, 417, 465. Of a committee, 416, 418, 
4'20, 422, 424, 426, 460, 462, 468-470. 577, 
583, 585. 

Ashfield : Richard. 326. 

Assembly : House of, Addresses of, to the 
Governor, 2, 37. 41, 122, 178-183, 215, 
259-262, 300-302, 394-396, 412-416, 523, 
543, 562. Addresses to, by the Gov- 
ernor, 25, 131, 291. Journals of, in- 
spected, 62-64. Message of, to the 
Council, 64. Resolutions of, relative 
to the Council, 64. Messages to, from 
the Governor, 95, 157, 294. 396. Mes- 
sages of, to the Governor in regard to 
arrearages of salary due to the late 
Governor Morris, 100-106, 149, 198-202. 
List of the Members of the Seven- 
teenth. Ill Message of, to the Coun- 
cil relative to the Quota bill, 135, 176. 
Message of, to the same, relative to 
the pardon of the rioters, 137. Auswer 
of, to Governor Belcher's message of, 
relative to arrearages of salary due to 
the late Governor Morris, 149-156. 
Messages from, to the Governor, re- 
specting the illegal conduct of certain 
Justices and Freeholders, 222. Mes- 
sage of Council to, in relation to the 
Quota bill, 263-270, 273-276. Journals 
of, inspected, 271. Messages of, to the 
Governor, in relation to Thomas Bon- 
ney, also concerning William Deare, 
283-289. Message from, to the Coun- 
cil, relative to the Support bill, 339. 
Addressed by Governor Belcher in 
relation to the invasion of the French, 
455-457. Address of, to Governor Bel- 
cher, which resulted in their dis- 
solution, 462-465. Message to, from 
Governor Belcher, dissolving it, 472- 
477. 



588 



INDEX. 



B. 



Bacon : John, 232. 

Bainbridge : Edmund, 12, 243. 

Bainbridge : John, 11. 

Ball : Aaron, 96, 108-110, 164, 171, 177, 178, 
191-194. 

Barker : William, 85. 

Bartow : Thomas, 7, 20, 24, 29, 32, 45, 46, 
58, 59, 61, 63, 64, 89, 100, 106, 156, 166, 
177, 202, 203, 30 i, 305, 361, 362. 

Basset : Elisha, 509. 

Becclesheimer : John, 534, 535, 537, 538, 
541, 545. 

Belcher: Jonathan, Addresses to, from 
the House of Assembly, 2, 41, 42, 122, 
215, 258-262, 3W-302, 854, 411-416, 543, 
562, 580. Addresses of the Council to, 
8, 46, 120, 371, 442, 464, 506, 565, 568. 
Memorial to, from Proprietors of East 
Jersey, 15. Addresses to, from the 
Council, 37. 117, 455. Addresses of, to 
the General Assembly. 44. 95, 112, 131, 
206-209, 240, 291, 311, 851, 391-393, 411- 
416. Issues a proclamation for a 
public thanksgiving, 98. Message of, 
relative to arrearages of salary due 
to the late Governor Morris, 149. 
Message to the Council relative to 
the proposed voyage of Chief Judge 
Morris to England, 172. Royal in- 
structions to, relative to members of 
Council, and undue proceedings of 
the courts of justice, 174, 175. Ad- 
vised by the Council relative to illegal 
acts of certain Justices, etc., 237. 
Messages to, from the Assembly, in 
relation to Thomas Bonney, also con- 
cerning William Deare, 283-289. Mes- 
sage of. to the Council and Assembly 
in relation to Thomas Bonney, 294. 
Announces the death of the Prince 
of Wales, 303. Address of condolence 
to His Majesty thereon, 306. Refuses 
to admit Lewis Morris Ashfield into 
the Council, 315. Requested by the 
Council to give his authority for re- 
fusing to admit Mr. Ashfield, 317. 
Rebukes the Council for intermed- 
dling in the matter of Mr. Ashfield, 
346. Convenes the Council to obtain 
advice in the matter of Simon Wi- 
koff's rescue from Middlesex jail, 
371. Letters from, to Wm. Deare, Mr. 
Johnston and Mr. Nevill, on the 
same matter, 372. Speech of, to the 
Council, in relation to the riots, 381, 
433. Denies Mr. Ashfield admission 
to the Council, s85. Lays before 
Council a charter proposed for the 
incorporation of five Dutch Re- 
formed churches in Middlesex, Som- 
erset and Hunterdon counties, 386 
Speech of. to Council, in relation to 
the revisal of the laws, 386. Letter 
to, from James Alexander, concern- 
ing a memorial of the Council of 
Proprietors, 435-439. Letter to, from 
Governor Dinwiddle, 444. Speech to 
the General Assembly, in relation to 
the invasion of the French, 455-457. 
Criticised in an address by the As- 
sembly, 462-465. Message to the Gen- 
eral Assembly dissolving it, 474-477. 
Message to the new Assembly pre- 
senting a letter from the Lords of 



Trade, 498. Proclamation in order to 

E reserve the peace, 513. Message 
om, in relation to military matters, 
515 Message from, on the defeat of 
General Braddock. 525. Proclama- 
tion of, to Collectors of Customs and 
Naval Officers, 547. Message of, rela- 
tive to operations against the French, 
560. Proclamation relative to the 
Indians, 571. 

Belleau : John, 21 

Beuf : Hendrick, 4*1, 462, 474. 

Beuf, Jr. : Hendrick, 461, 462. 474. 

Bills and Acts : For empowering certain 
persons hereafter named to draw for 
and receive the money lent to the 
Crown for arming and clothing the 
forces lately raised in this Colony, 
etc., 4-6. JFor the more effectual pre- 
venting of lotteries, horse races, play- 
ing of cards and dice, etc., 5, 20, 22, 
24, 28, 68. To enable the Legislature 
to settle the quotas of the several 
counties, 6, 7, 11, 13, 21, 22, 29 (2d 
Bill), 114, 120, 121, 127-129, 135 (3d 
Bill), 159, 163, 166, 176, 183-189, 200-204, 
211, 218 (4th Bill), 247-261, 263-276 (5th 
Bill), 294, 295, 309. For naturalizing 
Hendrick Goeglets, 6, 8, 45, 68. To 
erect and establish courts in the 
several counties, 7, 8, 11, 41, 59, 60, 68. 
For the better enabling of creditors 
to recover their just debts from per- 
sons who abscond, 10, 14, 44, 59, 68. 
To enable the inhabitants of Middle- 
sex county to build a workhouse, 
etc., 20. 24, 29, 40, 41, 68. For the sup- 
port of Government, 26, 29, 61, 66, 67 
(2d Bill). 163, 165, 168, 170, 176, 184-189, 
195, 197-204, 215 (3d Bill), 296, 298-302 
(4th Bill), 332, 336, 337, 339-345 (5th 
Bill), 355-357, 364, (6th Bill), 410, 411, 
417, 426 (7th Bill), 466, 467, 474 (8th 
Bill). 536, 540, 545. For the more 
speedy trial of such persons as have 
been guilty of the late treasons and 
riots, 37, 59. For the attainder and 
conviction of Amos Roberts, Simon 
Wycoff, and others, for treason and 
riots, 37, 59. To ascertain the line 
and bounds between the counties of 
Somerset and Morris. 115-117, 120. 148. 
For better settling and regulating 
the militia. 115, 120, 121, 148 (2d Bill), 
247 (3d Bill), 403, 427. For naturaliz- 
ing Peter Schmuck, Philip Marot and 
Peter Bruier, 120, 125, 148 For the 
better repairing and amending the 
public highways, roads, streets, 
wharves and bridges within the town 
of Burlinsrton, 126, 148. For natural- 
izing Philip Young, Henry Croo, 
Johannes Fisher. Jacob Winnacher, 
Michael Shuatterly and Jacob Kem- 
per, 295, 297, 300. 303. For the relief 
of poor, distressed prisoners for debt, 
295-297, 303, 405, 406, 408, 409, 427 (2d 
Bill). 533, 534, 536, 537, 539, 545. For 
erecting a toll bridge over Salem 
creek, 313, 318, 319, 345. To encour- 
age the killing of wolves and 
panthers, 314, 318, 819, 345 To repeal 
part of act to empower sundry in- 
habitants, etc., to erect a draw bridge 



INDEX. 



589 



over Cooper creek, 314, 318-321, 345. 
To restrain tavern-keepers and others 
from selling strong liouors to ser- 
vants, negroes