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. 1748—1755,

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 10th day of November 1748

Present
The Honourable Edward Antill ^

James Hude >Esqrs
Thos Leonard J

The House Continued till Friday ye 11th Novr 1748.

Present as above

Continued 'till
Monday ye 14th Novr 1748

Present

The Honble Edward AntilH
JasHude I

Peter Kemble t***
Tho8 Leonard J

Continued 'till
Tuesday Novr 15th 1748

Present
The Honble Edward Antill P Kemble ^

James Hude I Escf8

Andw Johnston Tho8 Leonard J

Continued till
Wednsday Novr 16th 1748

2 NEW JERSEY COLONIAL DOCUMENTS. [1748

The House mett

Present

Mr Antill Mr Kemble ^

Mr Hude
Mr Johnston Mr 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, Esqr 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 Novr 17th

The House mett — Present as above

Mr Stelle & Mr 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 18th 1748.

The House met — Present

The Honble Edward Antill Peter Kemble^

James Hude >Esqrs

Andw Johnston Tho8 Leonard j

1748] JOURNAL OF THE PROVINCIAL COUNCIL. 5

Mr Low & Mr 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
2d reading y«S Crown &ca was read the second time, &
Bill to draw I Committed to the Gentlemen of the Council,
for ye money [ or any three of them
lent ye crown J

The House continued till Saturday November 19th 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 <feca
reported the same without Amendment.

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

It was carried in the Affirmative.

Resolved that the same do Pass

Ordered that the Speaker do sign the same

Ordered that Mr Leonard — do Acquaint the House of
Assembly that the said Bill passed this House this day with-
out Amendment.

Mr 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 &ca was
read a second time & Committed to the Gentlemen of the
Council or any three of them

The House Continued till Wednesday Novr 23rd 1748

6 NEW JERSEY COLONIAL DOCUMENTS. [1748

The House Mett Present

The Honble Rob* Hunter Morris

Edwd Antill Andw Johnston ; Eg rs

James Hude

Petr Kemble Tho8 Leonard J

Mr Low & Mr 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 Mr 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

Mr Fisher and Mr 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 Novr 24th 1748

The House Met Present

The Honble Jas Alexander ^ Peter Kemble ^

Edwd Antill i Andw Johnston VEsq"

Jas: Hude j Tho8 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 &ca 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 Honble James Alexander Esqr 1
R. H. Morris Peter Kemble I ™ rs

Edd Antill Andrew Johnston I

James Hude Tho8 Leonard J

Mr Vanmiddlesworth & Mr 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 Mr Stelle & Mr Brick wait on the Council, &
acquaint them, that this House have appointed Mr Eaton,
Mr Cooke, Mr ffisher, Mr Learning & Mr 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 Esqr to meet at such time & place as the
Council shall appoint, & desire the Council to appoint a Com-
mittee for the purpose aforesd with time & place of the Com-
mittee's meeting

Tno8 DARTOW1 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 Pardon2
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 sd 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 Mr Antill, & Mr Leonard

Mr Antill, Informed this Board, that Mr 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 25th 1748

The House met — Present

The Honble James Alexander Andw Johnston ^

Ed wd Antill Peter Kemble VEsq1*

James Hude Tho8 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 Novr 25th 1748 J. BELCHER

The House continued till Three O'Clock in the Afternoon

The House met — Present

The Honble James Alexander James Hude ^

R. H. Morris And* Johnston VEsqra
EdwdAntill Peter Kemble J

This House taking into consideration His Excellencys
Answer to the Address of this House. Mr 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 Supr 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 sd pardon.

James Hude Esqre 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
Mr 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 Esq1 Joseph Warrel Att7
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 Supr Court attend this
House, and inform them what returns or whether any were
made by the other Justices of the Supr Court, or Commissrs
appointed for the purpose aforesd to the last Supr Court Pur-
suant to the Pardon above mentioned.

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

Ordered that the Clerk of this House send a Copy of the
above order to the Commrs appointed &ca in the County of
Essex

The House Continued till Saturday Novr 26th 1748.

The House met Present

The Honble James Alexander Andw Johnson ^

EdwdAntill VEsqM

James Hude Peter Kemble )

Mr Crane & Mr 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 Novr 29th 1748.

The House met Present

The Honblfl James Alexander Andw Johnston ^

EdwardAntill Peter Kemble VEsqrs

James Hude Thos Leonard J

Ordered that Mr Hude, Mr Kemble, and Mr 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 Esqr and that they meet at four O'Clock this after-
noon for that Purpose at the House of sd Andrew Johnston ;
and make report to this House.

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

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

Ordered, that Mr ffisher, & Mr 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

THOS BARTOW Clk

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

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

Mr Alexander Laid before this House a Certificate he had
received from Joseph Warrall Esqr Attor7 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 Jur < dlesex County & Recorded for a
I Riot in the same County.

David Brearly. j Indicted for HiSh 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 Sd Act,
I filed the Rolls in the Secretary's Office at Burlington, the
Last Novembr 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 sd Act of Grace,
ever applied to me, in Order to Claim the Benefit of the sd
Act

Witness my hand this 25th November 1748

J. WARRELL,

Specially appointed by Commission
for the Above Purpose.

Ordered, that the sd 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 sd Pardon.

Ordered, that Andrew Johnston Esqr 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 Novr 30th 1748.

The House met Present

The Honble James Alexander Peter Kemble ^
Edward Antill

\.

James Hude Thomas Leonard j

Andw 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 &ca 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 Genrls Certificate, & other
informations were referred

Was read a Copy of a Letter to His Excell07 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 sd 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 Supr 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 Excell7 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

Mr 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, Mr 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 Honble James Alexander And* Johnston -\
R. H. Morris

Edward Antill Peter Kemble [

James Hude Thos 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 Supr Court,
in the last Term

The House Continued till Thursday, Decr 1st 1748.

The House met Present

The Honble James Alexander Andrew Johnston -\
R. H. Morris

Edward Antill Peter Kemble

James Hude Thomas Leonard J

Andrew Johnston Esqr 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 Esqr 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
sd 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 Genrl 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 Ld
Berkly, & Sir George Carteret, in the year 1664 who began
to plant & improve the same, That Sr George Carteret being
by a partition Entituled to the Eastern part of the sd 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 sd Eastern part or division of N. Jersey together
with the powers of Government was afterwards Conveyed to
twenty ffour persons who were Called the Genrl Proprietors
and who went on in planting and improving the sd Province,
at their own very great cost and Charge.

That the Proprietors Exercised the Powers of Governmen*
in the sd 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 sd Surrender, & to
take the sd 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 sd 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 Excell07 & 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 lprietors

Novemb' 30- 1748 /P ANDREW JoHN8TON President

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 sd 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 Wm Chetwood
Esqr High Sheriff of sd 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 aforesd &
rescued sd Amos Roberts, therein Committed as aforesd &
Carried him Off Huzzaing

»N. J. Archives, VII., 178.

20 NEW JEBSEY COLONIAL DOCUMENTS. [174&

Mr Stelle, & Mr 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 sd 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 Mr Crane, & Mr 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 &ca & in the Bill to Erect, &
Establish Courts, in the several Counties of this Colony &oa,
and also in the Bill for the better Enabling of Creditors to
recover their just Debts from persons who Abscond themselves.

THOB BABTOW Clk

This House having recd 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 2d 1748

The House met Present

The Honble 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 Esqr 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 sd 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 14th 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 sd Ralph Smith to that pur-
pose, which he laid before this House ; & that sd 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.

Mr 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 sd 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 sd Bill as amended Do pass

Ordered, that the speaker do sign the same

Ordered, that Mr Leonard do carry the sd Bill with the
Amendments to the House of Assembly, & desire their Con-
currence to sd Amendments.

Ordered, that Mr 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.

Mr 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 sd 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 Mr Leonard do carry the sd Bill with the
Amendments to the House of Assembly, & desire their Con-
currence to sd Amendments.

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

Elphalett Frazee, & Abraham Shotwell Senr 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 3d 1748
The House Met Present

The Honb1' Ja8 Alexander Esqr Speaker

Mr Morris Mr Johnson

Mr Antill Mr Kemble

MrHude Mr Leonard j

Mr 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 Mr Lawrence, & Mr 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

THOS BARTOW Clk

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

Ordered that Mr 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 Mr Lawrence, and Mr 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 sd
Amendments & adhere to the bill

THOS BABTOW, Clk

The House Continued till

Tuesday Decr 6th 1748.
The House Met Present
The Honble James Alexander Speaker 1

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

James Hude Thos 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 Honble
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

Decr 3rd 1748 /

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

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

Mr ffisher, & Mr 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, & Mr Leonard, on
Saturday last & the depositions of Elizabeth Hampton,1 &
John Bird her Son, taken before him, & Mr 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, & Mr 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.

Mr 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 Mr Kearney, & Mr Crane, wait on the Coun-
cil with the bill Engrossed with the Amendments of the
Council, & Amendments of this House to sd 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 Mr Lawrence & Mr 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 Mr Leonard do Carry the sd 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 7th 1748
The House met Present

The Honble James Alexander Esqr Speaker
Robert Hunter Morris Andrew Johnston ^
Edward Antill ^ Peter Kemble V Esqrs

James Hude Tho8 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 sd 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 sd 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, sd Kenny then demanded a Sum-
mons of sd 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 sd Whitaker is a Tennant on Penns
Lands in Somerset County, & sd Kenny believes paid rent to

1748] JOURNAL OF THE PROVINCIAL COUNCIL. 31

one M°kaine, another person joined with said Kenny, in the
Oare of said Penns Lands — That some of the persons whose
marks were found on the sd Logs Offered to make some small
satisfaction, but some time after they retracted their offers —
and never since have made any Satisfaction to sd 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 sd Deposition, and lay the Original before His
Excellency, and if His Excellency pleases, to lay it before
the House of Assembly.

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

Mr 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, & Mr 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 Mr 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 8th 1748
The House met Present

The Honble James Alexander Esqr 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 Mr Vanmiddles worth & Mr 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 2d 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

Mr Chief Justice, & Mr 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

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

Mr 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 Govr 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 Mr Morris, & Mr 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 Mr 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 Mr Morris,
Mr Antill, & Mr 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 ;

1st 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.

2dly 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

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

The House Continued till

Friday December 9th 1748
The House met Present

The Honble Ja8 Alexander Esqre Speaker
Rob* H. Morris Andr Johnston *j

Edward Antill Peter Kemble VEsq"

James Hude Tho" Leonard J

Mr 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
Esqr 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 Esqr 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 Esqr 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

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

Mr 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.

Mr 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 Esqr 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 7th 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.

Mr 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 Mr 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 sd County,
••& to make rules, & Orders for the Government of the same,
passed this House this day.

Mr 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 9th 1748.

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

To His Excellency Jonathan Belcher Esqr 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

Mr 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 sd 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 sd 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 Mr Johnston do Carry the sd Bill with the
Amend mt to the House of Assembly, & desire their Con-
currence to the said Amendment.

Mr 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 sd Bill do Pass
or not?

Resolved, that the same do pass.

Ordered, that the Speaker sign the same

Ordered, that Mr 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 Decr 10th 1748.
The House met Present

The Honble James Alexander Esqre Speaker
Rob* H. Morris Peter Kemble^
James Hude > Esqrf>

Andr Johnston Tho8 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 Decr 10th 1748.

A Message from the House of Assembly in the following
words

Ordered, that Mr Lawrence, & Mr 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.

Mr 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 Dec1 11th 1748
The House Met Present

Mr Alexander Mr Johnston

Mr Morris Mr Kemble

Mr Antill Mr Leonard

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

After some time spent therein Mr 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 Decr 12th 1748
Present as above with Mr Hude

Mr 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, Mr 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 Mr 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
15th of Jany 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 19th 1747 appears.

That a Committee of the House of Assembly, on the 23rd1
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 17th 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, wth 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 Mr 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 13th Dec' 1748.
The House met Present

Mr Alexander Mr Johnston
Mr Morris

Mr Antill Mr Kemble

Mr Hude Mr Leonard

Mr Kemble reported that he had Obeyed the Order of
Yesterday.

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

A Message from the House of Assembly

Dec' 13th 1748.

Ordered, that Mr Crane, & Mr 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 &••
Mr Hopkins,

1748] JOUKNAL OF THE PROVINCIAL COUNCIL. 59'

Dec1 13th 1748,

Ordered, that Mr Crane, & Mr 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 Gen1 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 aforesd

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.

Mr 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 Amendmts 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 14th Dec1 1748.
The House met Present1

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 Mr Leonard do Carry the said Bill with the
Amendments to the House of Assembly for their Concur-
rence to said Amendments

Mr Leonard reported that he had Obeyed the above Order

Thursday December 15th 1748.
The House met Present

Ja* Alexander Andw Johnston

Ed : Antill Peter Kemble

Jas. Hude Thomas Leonard

Mr Johnston Acquainted the House that Mr Low, & Mr
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 sd
Bill to this House, which Bill & Message he had recd from
them this House not Sitting at the time, & he delivered the
same in at the Table, which message is as follows ;

Decr 15th 1748

Ordered that Mr Low, & Mr 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.

THOB BARTOW Clk

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

Dec* 15th

Ordered, that Mr Fisher, & Mr 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' 15th 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 Mr 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 recd 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.

Mr Morris reported that he had Obeyed the above Order

Ordered, that Mr Morris, & Mr 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* 16th 1748.
The House met Present

Mr Alexander
Mr Morris
Mr Antill
Mr Hude

Mr Johnston

Mr Kemble
Mr Leonard

Mr Chief Justice, & Mp 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* 7th 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

Mr Dan1 Smith Mr Stelle
Mr Wright M' Kearney

Mr Lawrence Mr Hopkins Mr Demarest

Mr Crane Mr Hancock

Nays
Mr Heard
Mr Eatton

Mr Low

Mr Vanmiddleswart
Mr Vanbuskirk
Mr R. Smith

Mr Brick
Mr Learning
Mr 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 Dec1 15th 1748

The Councils Message of Tuesday last by Mr 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 Answr to the sd Message
A true Copy

THO' BARTOW Clk of the Assembly

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

Decr 15th 1748

Ordered, that Mr Vanmiddleswart, & Mr Learning do wait
on the Council, & Acquaint them that the House have read
& Considered their Message of this afternoon by Mr Morris,
& in Answr 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 Mr Morris & Mr Antill.

This House having Considered the Message from the House
of Assembly, by Mp Vanmiddleswart, and Mr Learning of
the 15th Instant, as also the resolves of that house, of the 15th
day of this Inst. & their Vote of the 7th 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 Mr Chief Justice Morris, Mr
Kemble, & Mr 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 sd Gentlemen, reported that they had waited on His
Excellcy 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.

Mr 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 sd 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 sd Bill do pass :

Ordered, that the Speaker do sign the same.

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

Mr Hude reported, that he had obeyed the above Order.

Mr 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 Exc7 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 Mr Hude, do Acquaint the House of Assem-
bly, that this House having particularly Considered the
Resolves of the House of Assembly of the 15th 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 bd 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.

Mr 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 12th 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

> Esqrs

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 Instructions1 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 <fec 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.

Mr 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 Commission1
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 &0"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 16th 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 Mr Low and
Mr Hancock

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

74 NEW JERSEY COLONIAL DOCUMENTS. [1747-&

"February 16th 1747, Mr Speaker1 having received a Mes-
" sage from home, that his Son lay at the point of death.

" Ordered,

" That Mr Low and Mr 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"

"THOflBABTOW Clk"

Mr Stelle and Mr 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 Esqr as their Speaker, and

His Excellency was pleased to Approve their Choice.

At a Council held at Burlington on Thursday February
the 18th 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 10th
Instant.

N° 1 To his Excellency for Salary to the

10thinstant £500,, 0,, 0

N° 2 To ditto for services allowed £500,, 0,, 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 10th

Instant 30 „ — „ —

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

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

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

N° 7 To Richard Partridge Esqr or Order

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

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

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

N° 10 To John Allen Esqr third Justice of

the Supreme Court for Ditto 84 „ 10 „ 2

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

N° 12 To John Allen Esqr Treasurer of the

Western Division for Ditto 135,, 4 „ 5

N° 13 To Joseph Warrell Esq1 Attorney Gen-
eral for Ditto £135,, 4,, 5

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

N° 15 To Thomas Bartow Clk of the As-
sembly for 430 days Attendance at
8 / : Pr 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 Esqr

for Cash paid James Home 4 „ 17 „ —

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

N° 18 To Ditto for 277 days attendance in

Council since 7br 1744 83,, 2,, —

N° 19 To John Coxe Esqr for 107 days At-
tendance in Council 32,, 2,, —

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

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

N° 22 To Richard Smith Senr Esqr for 24
Days Attendance in Council before
the 23d 7br 1744 7 „ 4 „ —

N° 23 To Ditto for 388 Days attendance since

23d 7br 1744 116,, 8,,—

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

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

N° 26 To James Hude Esqr for 12 Days at-
tendance in Council before the 23d
Day of 7br 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 20th of August 1747,
as f Support Bill 35,, 0,, 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 7br 23d 1744 to the
10th Instant 101,, 8 „ 4

N° 31 To Andrew Johnston Esqr for his At-
tendance in Council 84 days Since
7br23d 1744 25,, 4,,—

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

N° 33 To Thomas Leonard Esqr for his at-
tendance in Council 109 days since
the 23d 7br 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 Junr 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 Esqr 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 „ 0 „ 4 to be by him
remitted to Philip Schuyler 623 „ 1 7 „ 8

78 NEW JERSEY COLONIAL DOCUMENTS. [1748

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

N° 44 To John Allen Esqr 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 Esqr Treasurer of the
Western Division for exchanging
ragged and torn Bills of Creditt in
the year 1744 52,, 5,, 0

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

Present
His Excellency the Governor

John Reading James Hude "1
John Rodman John Coxe >Esqrs
Richard Smith Tho8 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,, 0

N° 47 To himself for house Rent from the

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

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

1748] JOURNAL OP GOVERNOR AND COUNCIL. 79

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

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

;N° 51 To John Allen Esqr for his Salary as
third Justice of the Supm Court due
to him the 10th May 1748 For one
Quarters Salary 6,, 5,, —

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

N°53 To Richard Smith Junr Esqr for the
use of Richard Partridge Esqr 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
10th May 1748 7 „ 10 „ —

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

N° 56 To John Allen Esqr 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 Esqr 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"
Tho8 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 25th day of
February 1747/8 Inclosing his Majesty's Royal Proclama-
tion,1 Dated at St. James's, the 19th 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 Shirley2 Dated at Boston the 11th of June 1748
Enclosing several Votes and resolutions of the Council and
Assembly of the Massachusetts Government, Dated the 8th
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 23d Day

of July 1748.

Present
His Excellency the Governor

John Reading John Coxe *)
John Rodman > Esq™

Richard Smith Thorn3 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 Endowment1 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 >

Richd Smith Thos 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 23d 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 VEsqrs
Rob'H. Morris)

Mr 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 23d 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 10th Day of May last to the 10th
of August Last £250,, — ,,—

N° 60 To himself for a Quarters house rent
from the 10th of May last to the 10th
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 Mr 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 24th 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 jur 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 Esqr
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, Esqr 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 7th 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 12th
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 24th 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 Mr Samuel Nevill had been recommended
to him as Second Judge of the Supreme Court, Mr William
Hancock as a Judge of the Inferior Court of Common Pleas
for Salem County Mr Nicholas Gibbon as Clerk of the Pleas
and Peace of said County, and Mr William Barker as Sheriff
of Salem County, in the room of Mr 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 20th 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 Instruction1
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 Esqr for 232 Days
attendance in Council to the 10th of
August last £69 ,,12,,—

N° 62 To James Alexander Esqr for 210 days
attendance in Council to the 10th 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 >Esqrs
Richard Smith)

His Excellency by advice of Council Signed the following
Warrants

N° 63 To himself for one Quarters Salary due

the 10th Day of November last £250 „ 0 „ —

N° 64 To himself for a Quarters house rent

due the 10th day of November last... £15 „ 0 „ 0
N° 65 To himself for a Quarters Salary Due

the 10th Day of this Instant 250 „ — „ —

N° 66 To himself for a Quarters house rent

due the 10th day of this Instant 15 „ — „ -—

At a Council held at Burlington on the 16th 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 Esqr 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 Esqr 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 Mr Justice
Allen for that purpose.

The Secretary reported that he had obeyed the above order.

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

Present
His Excellency the Governor

John Reading James Hude

James Alexander

John Rodman John Coxe }- Esqrs

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 jur 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 Jur 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 Quorum 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 Haeenbuk2 and William Kingsland Judges &c

Archibald Kenedy ] Jacobus Peck ]

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

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 Slout1
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
Benja Pierson

Daniel Cooper Quorum )

Abraham Vancompen quo )

Ephraim Price

Joseph Tuttle

John Budd junr 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 Honble Robert Hunter Morris
Esqr Chief Justice for his Salary
from the 10th Day of May 1748 to
the 10th day of February 1748 £75 „ 0 „ 0

N° 68 To Ditto for 72 days Attendance in

Council 21 ,,12,,—

N° 69 To Andrew Johnston Esqr for 66 days
Attendance in Council between the
15th Day of July 1748 and the 27th
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
10th Day of February last 40 „ — „ —

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

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

N° 73 To Richard Smith Esqr for 45 Days
Attendance in Council between the
10th Day of August 1748 and the 27th
Day of March 1749 £13 „ 10 „ —

N° 74 To John Coxe Esqr for 47 Days Attend-
ance in Council between the 10th Day
of August 1748 and the 27th Day of
March 1749 £14,, 2,, 0

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

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

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

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

1749] JOURNAL OP GOVERNOR AND COUNCIL. 93

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

N° 80 To Richard Smith junr Esqr for the use
of Richard Partridge Esqr Agent of
this Province at London for his Sal-
ary from the 10th of May 1748 to the
10th of February last.. £60,, — ,,—

Ne 81 To John Allen Esqr Third Justice of
the Supreme Court for his Salary
from the 10th Day of May 1748 To
the tenth of February last £18 ,,15,,—

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

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

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

Mr Morris, Mr Johnston and Mr Leonard informed his
Excellency & the Board, that John Allen Esqr 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 Esqr to be
one of the Justices of the Supreme Court in the Room of
Mr 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 4th
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 Mr 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 EsqT
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 Esqrl 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 Esqr to be of
the Council of New Jersey.

Directed as follows.

To our trusty and Wellbeloved Jonathan Belcher Esqr 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 Mr 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 5th 1749.

Present
His Excellency the Governour.

James Alexander James Hude ")

Andrew Johnston Peter Kemble > Esqrs

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 Mr 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 5th 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 12th 1749,

Present
His Excellency the Governor.

James Alexander Tho3 Leonard \ -^ rs

And* Johnston Richd 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,, 0

1749] JOURNAL OF GOVERNOR AND COUNCIL. 97

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

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

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

N° 89 To the honbl« Robert Hunter Morris
Esqr for his Salary as Chief Justice
of this Province between the 10th
day of February 1748 and the 10th
of August 1749 50,, — ,,—

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

N° 91 To John Allen Esqr for Ditto 20,, 0,,—

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

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
14th 1749.

Present
His Excellency the Governor

James Alexander Peter Kemble "^
Edward Antill Tho8 Leonard VEsq"

Andw Johnston Richd Saltar )

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

By His Excellency Jonathan Belcher Esqr 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 Province1 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 Mr Crane and
Mr 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 Mr Crane and Mr 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 18th 1749.

Present
His Excellency the Governor

James Alexander Peter Kemble ^
Edward Antill Thomas Leonard VEsqra

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 17th 1749.

Ordered That Mr Learning and Mr 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 Esqr 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 7th 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.

THOS BARTOW Clk

1749] JOURNAL OF GOVERNOR AND COUNCIL. 107

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

Present
His Excellency the Governor

James Alexander Tho8 Leonard ^

Andrew Johnston >Esqr8

Peter Kemble Richd Saltar J

His Excellency by Advice of Council Signed the following
Warrants.

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

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

N° 97 To Ditto for Mr 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 25th
Day of September 1749 23 „ 17 „ —

108 NEW JERSEY COLONIAL DOCUMENTS. [1749

N°100 To John Titus Door keeper of the
Assembly for 37 days attendance in
the Sessions in Novemr and Decem-
ber 1748 , 5 ,,11,,—

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

To his Excellency Jonathan Belcher Esqr Captain General
and Governor in Chief in and over his Majesty's Province of
New Jersey and 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
12th 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 14th 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 12th of December last
which were Communicated to the Assembly, and do appear
in their Printed Minutes of the 13th 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 Mr 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 Mr Paris (as we Doubt not Your
Excellency is by Mr 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 17th 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.
ANDW 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 17th 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 218t of February 1748.

Present
The Honbl» John Beading ^

John Rodman >Esqrs
Richard Smith)

His Excellency Came into Council, and having by the
Secretary Informed the house Of Assembly1 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-
mouth—Jobn 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. [1748-91

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

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

His Excellency was pleased to Approve their Choice.

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

Gentlemen Of yc 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 ye late Assembly to fall into Some Effectual Measures for
Putting An end to ye 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 ye 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 ye 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 ye 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 ye 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 ye 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.

JoNn BELCHER
Burlington February ye 21st 1748/9.

The House continued till

Friday the 24th Day 'of February 1748

114 NEW JERSEY COLONIAL DOCUMENTS. [1748-9

The House Met

Present

The Honble John Rodman ")
John Reading
Richard Smith ]> Esqrs
John Coxe
Thomas Leonard J

His Excellency's Speech to Both houses Was Read
The House continued till Monday Feb17 27 1748.

The House Met

Present

The Honrble John Reading ^
John Rodman j
Richard Smith }• Esqrs
Peter Kemble
Thomas Leonard J
The House continued till Wednes7 March 1st 1748.

The House Met

Present

The Honrble John Reading
John Rodman
Richard Smith % j» Esqrs
Peter Kemble
Thomas Leonard J

Mr Richard Smith Acquainted the House that Mr Fisher
and Mr Learning from the house Of Assembly had Delivered
to him A Bill Entituled, An Act to enable the Legislature
to Settle the Quotas of ye 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 ye Counties Of Somerset And Morris,
Together With the Orders Of that house to ye 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 ye 3d 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
ye 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

Mr Smith Acquainted the House, That Mr Spicer & Mr
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 Redress1 be Presented To His
Excellency In Answer Thereto.

Ordered That Mr Alexander, Mr Rodman & Mr 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 4th 1748

The House Met

Present

The Honb1' John Reading John Coxe ^

James Alexander Peter Kemble
John Rodman & f Es(T

Richard Smith Thomas Leonard J

Mr 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 Mr Coxe & Mr 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.

Mr 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 ye Table.

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

Ordered, That the said Amenden1 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 Mr Kemble Do Carry the Said Bill With
the Amendment to the House Of Assembly And Desire
Their Concurrence to ye Said Amendment.

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

Mr Coxe & Mr 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 Esqr 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 ye
Province of New Jersey In General Assemblies met.

May it Please Your Excellency,

We His Majesty's Council for ye Province Of New Jersey
Beg Leave to Return Your Excellency Our hearty Thanks
For Your favourable Speech to Both Houses, At ye 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 ye 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 ye 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 ye 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 ye
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 ye 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 14th1 1748.

The House Continued till Tuesday March 7th 1748.

The House Met

Present
The Honrtle James Alexander Andrw Johnston -)

John Rodman Peter Kemble > Esq™

Richard Smith Thomas Leonard )

Mr Smith Acquainted the House, That Mr Crane & Mr
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 Mr Spicer
And Mr Wetherill.

Ordered, That Mr Spicer And Mr 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 ye 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 7th 1748 ]

Ordered, That Mr 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.

Mr 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 ye Same Without
Amendment.

Ordered, That the Same be read ye 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 Mr 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.

Mr Johnston, Reported that he had Obeyed the Above
Order. Mr Leonard, Reported that he had Delivered the
Order to him given this Morning To the Speaker Of ye 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 Jonan Belcher Esqr 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 ye 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 ye 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 ye 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 Au • 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 8th 1748.

The House Met

Present
The Honbl8 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 9th 1748.

The House Met

Present

The Honrble John Reading John Coxe ^1

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

Mr 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 Mr Smith Do Acquaint the House of As-
sembly, that the Said Bill Passed this House this Day.

Mr Daniel Smith and Mr Bipsham,1 from the House Of
Assembly Presented for the Concurrence of this House A
Bill entituled, An Act for ye 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 ye 10th 1748

The House Met.

Present
The Honble John Reading John Coxe ~)

James Alexander Andrew Johnston i j]SQr8
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 Marh 11th 1748.

The House Met

Present

The Honble James Alexander James Hude

John Rodman John Coxe

Richard Smith Andw Johnston

Rob : H. Morris Peter Kemble

1 Bispham.

1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 127

Mr 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 14th 1748

The House Met

Present
The Honble John Reading John Coxe ^

John Rodman Andr Johnston > Esqrs
Richard Smith Peter Kemble J

Mr 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 Mr 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 Mr 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 15th 1748.

The House Met

Present
The Honble John Reading John Coxe ^

James Alexander Andw Johnston !-.-,„
John Eodman & f EsqrS

Richard Smith Peter Kemble j

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

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

Ordered, That Mr Lawrence and Mr 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

SAM1 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 Mr
Lawrence And Mr 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 Mr Alexander, Mr Morris and
Mr 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 16th 1748.

130 NEW JERSEY COLONIAL DOCUMENTS. [1748-9

The House Met

Present

'The Honble John Reading Rob* H. Morris ^
James Alexander James Hude •'

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

Mr 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.

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

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

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

4th 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.

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

6th 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.

8th 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

9th 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.

10th In Whose hand Writing is this Petition ? Answer,
They Believe it is Mr 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 16th 1748/9 /

1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 135

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

Ordered, that Mr Spicer and Mr 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 16th 1748. SAMUEL SMITH Clk.

The House Continued till Friday March 17th 1748.

The House Met

Present

The Honble John Reading Rob* H. Morris "]

James Alexander James Hude
John Rodman Andw Johnston

Richard Smith Peter Kemble }

The House Continued till Saturday March 18th 1748.

The House Met

Present

The Honble John Reading James Hude ~)

Ja8 Alexander Jn° Coxe

Jn° Rodman And Johnston \ Esqrs

Richd Smith Peter Kemble I

Rob* H. Morris Tho8 Leonard j

The House Continued till Monday March 20th 1748.

1748-9] JOURNAL OF THE PROVINCIAL COUNCIL. 137

The House Met

Present

James Alexander James Hude *)

Richard Smith And. Johnston > Esq1

Rob* H. Morris Tho8 Leonard J

'The House Continued till Tuesday ye 21st 1748

The House Met — Present as above
The House Continued till Wednesday ye 22d 1748

The House Met

A Message from the House of Assembly by Mr Wetherill
and Mr 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
Mr Wetherill & Mr Emley do wait on the Council, and
acquaint them, that this House has appointed Mr Lawrence,
Mr Spicer, & Mr Learning, Mr Cooke, Mr Fisher & Mr 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 22d 1748 SAM1 SMITH, Clk.

It is Ordered, that Mr 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.

Mr 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 Mr Lawrence, Mr Crane, Mr Camp, Mr
Fisher, Mr Spicer and Mr 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

Mr 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

SAM1 SMITH Clk.

The House Continued till Thursday March 23rd 1748.

The House Met.

Present
The Honble James Alexander James Hude 1

John Rodman Andw Johnston I •« „

Richard Smith Thorn8 Leonard j ^
Rob* H. Morris J

The House taking into their Consideration the Message of
yesterday from the House of assembly, by Mr Wetherill and
Mr 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 Mr Hude, Mr Coxe, and Mr
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 Mr Leonard do Carry the above message to
the House of assembly.

The House Continued till Friday March 24th 1748.

The House Met,
Present, as yesterday

Mr Alexander laid before this House three affidavits Con-
cerning the Rioters, taken before him, Viz4

A third Affidavit of John Kenny Dated the tenth of Dec1
1748 of some insolencies of the Rioters.

The Affidavit of Matthew Phillipse of horse-neck, Dated
The 20th of Dec1 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 burn1 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 21st of Dec1 and gave out that the Governor had sent
for them.

The affidavit of Archibald Morrison of Lametunk in
Hunterdon County, Dated the 22d 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

1Turn.

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 213fc of December.

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

The Affidavit of John Herd, Dated the 13th of Feb*7 last,
of Stephen Crane the 14th of Febry and of William Oilman1
taken the 15th all before Samuel Nevill Esqr 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 25th 1749.

The House met. Present as yesterday with Mr Coxe.

Mr Coxe from the Committee appointed by the Message of
the Council of the 23rd ©f this Instant to Conferr with the
Committee Of assembly appointed by the Message sent the
Day before by Mr Wetherill and Mr 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.

Mr 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

lThis 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 27th 1749

The House Met.

Present

The Honble John Reading Rob* H. Morris ~)

James Alexander James Hude !

John Rodman John Coxe

Richard Smith Andrew Johnston J

The House Continued till Tuesday 28th March 1749.

10

146 NEW JERSEY COLONIAL DOCUMENTS. [1749

The House met

Present

'The Honble John Reading James Hude "|

James Alexander John Coxe

John Rodman And* Johnston J> Esqr*

Richard Smith Peter Kemble

Rob* Hunter Morris Thorn8 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

ANDW JOHNSTON JOHN RODMAN
JA HUDE
Burlington \

March 28th 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.

1st An Act to ascertain the Line and bounds, between the
Counties of Somerset & Morris

2d 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.

3d An Act for the better Repairing and Amending the
Publick Highways, Roads Streets, wharf, and Bridges within
the Town of Burlington.

4th 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 ye 5th 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 j1 and on which Account his Execu-
tors have Petitioned their Lordships and Copies of Said
Paragraph and Petition I send you with this by Mr 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 Octr 5th 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 Mr Learning, and Mr 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 Esqr 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 18th 1749.

Present
His Excellency the Governor

James Alexander Peter Kemble "j
Edward Antill Thomas Leonard V Esq"

Andrew Johnston Richd Salter )

His Excellency laid before the House a Message he had
recd 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 28th 1749

Present

The honble 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 Persons1 (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* 28th 1749.

On Saturday the thirtieth September the General Assembly
were Prorogued to Tuesday the third day of October 1749.

Tuesday October 3rd 1749.
The house met Present

The honble James Alexander Andrew Johnston ^

Eobert H. Morris i EsqM

James Hude Peter Kemble J

The house Continued till

Wednesday October 4th
The house met Present

The honbl* 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 5th
The House Met Present

The honble James Alexander Andrew Johnston ^

Rob* Hunter Morris Peter Kemble VEsq"
James Hude Richard Saltar )

The house Continued till

Friday October 6th 1749.
The house Mett, Present,

The honble James Alexander Peter Kemble ^

James Hude VEsq"

Andrew Johnston Richard Saltar )

Mr Alexander acquainted the house, that Mr Smith and
Mr 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, will1 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 6th P. M.
The house Met Present

The honble James Alexander Andrew Johnston ^
Rob* H Morris

Edward Antill Peter Kemble f Es(lr8

James Hude Richard Saltar J

Mr Chief Justice Morris laid before this house Sundry
letters from Fardinando Johns Paris2 Esqr 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 Mr 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 Mr 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, Mr Johnston, Mr Hude and Mr 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 7th 1749
The house Met Present

The honble James Alexander Andrew Johnston
EdwardAntill Peter Kemble
James Hude Richard Saltar

\
V
J

Andrew Johnston Esqr Chairman of the Committee to
whom was Yesterday Referred the preparing ye 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 Esqr 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 Mr 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 7th 1749

Ordered, That the Speaker do sign the same

Ordered, That Mr Saltar and Mr 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.

Mr Kemble and Mr 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 9th 1749.
The house Mett Present

The honble James Alexander ^

Kob'H. Morris VEsq"
Andrew Johnston J

Mr Hancock and Mr 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. [17491

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 10th 1749.
The house met Present

The honble 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 6th 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 9th day of 8br 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,
Mr Antill and Mr Saltar.

Mr 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 11th 1749
The house Met, Present

The honble 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 Mr 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.

Mr Kemble reported, that he had obeyed the above Order.

A Message from the house of Assembly by Mr Spicer and
Mr Wetherill.

"Ordered,

"That Mr Spicer and Mr 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 Mr Kemble do carry the said Bill to the house of
Assembly and Acquaint them that this house adhere to their
Amendment.

Mr Kemble reported that he had obeyed the above order.

Mr Secretary informed the house his Excellency was ready
to receive this house.

Mr 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 7th 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 honb1' James Alexander Peter Kemble
Rob* H Morris

Edward Antill Thomas Leonard f Es(lr

i

And* Johnston Richard Saltar J

168 NEW JERSEY COLONIAL DOCUMENTS. [1749

Mr 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 12th 1749
The house Met. Present,

The honble James Alexander Peter Kemble ^

Edward Antill Thomas Leonard > Esq™

Andrew Johnston Richard Saltar J

Richard Saltar Esqr 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.

2dly 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 Mr 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 Prior1 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 Esqr 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 Senr 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 honble James Alexander *\
Andrew Johnston 1
Thomas Leonard [ EsclrS
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 Mr
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 Mr
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 Octr 12th 1749.

After which His Excellency laid before the house his
Majesty's Disallowance of the Fee bill, Viz*

At the Court at Kensington the 28th 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 Mr Chancellor of the Exchequer

" Lord Chamberlain

" Duke of Bedford Lord Chief Justice Willes

" Duke of Newcastle Henry Fox Esqr

" Earl of Pembroke Henry Legge Esqr

" 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° 401 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
"fortieth2 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 Octr 12 : 1749

The house Continued till,

Friday, October 13th 1749.
The house Mett. Present

The honble Andrew Johnston Thomas Leonard |
Peter Kemble Richard Saltar /

«.

Forty-first. See N. J. Archives, VI., 18, 19, 32.

176 NEW JEESEY COLONIAL DOCUMENTS. [1749*

Mr Saltar reported that he had obeyed the order of the
house of Yesterday.

A Message from the house of Assembly by Mr Learning,
and Mr James Smith in the following words.

"October 13th 1749

" The house having duly Considered the Message from the
" Council by Mr Saltar.

" Ordered,

" That Mr Learning and Mr 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 honble James Alexander Peter Kemble ^

Edward Antill Thomas Leonard fEso/*

Andrew Johnston Richard Saltar J

Mr 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 Esqr Sheriff of Essex
County to his Excellency Dated the 28th 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 15th
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 17th 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 Brewin1

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 14th 1749.
The house met. Present,

The honble 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 Esqr their Speaker
delivered the following Address.

"To His Excellency Jonathan Belcher Esqr 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 20th August 1747 soon after your
" Excellency's arrival, and continued by adjournment until
"the 18th 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 every1 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
" Esqrs 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 16th 1749.
The house mett, Present.

The honWe James Alexander Thomas Leonard ^

Edward Antill VEsqrs

Andrew Johnston Richard Saltar J

This house taking into consideration the Message of the
Assembly of the 13th do observe, that that house does not
deny but that the two Facts -pointed out by the Message of
this house of the 12th 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 14th 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 218t
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 10th 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 2nd 3rd and 7th 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 13th 1748, page

186 NEW JERSEY COLONIAL DOCUMENTS. [1749*

52, it appears, tbat the Council concerning that matter by a
Message of the 12th 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 14th 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 16th 1748/9 page 26th 27th 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 Mr Smith in the words
" following. This house taking into consideration the Mes-
" sage from the house of Assembly delivered this Morning by
" Mr Lawrence and Mr 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 Mr 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 Mr
" Alexander, Mr Morris and Mr 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 15th 1748."

By the Minutes of the same 16th 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 11th
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 Mr Kemble do Carry the above Message to the house
of Assembly,

The House continued till,

Tuesday, October 17th 1749.
The house met, Present,

The Honble James Alexander Thomas Leonard ^|

Edward Antill VEsqr

Peter Kemble Richard Saltar J

190 NEW JERSEY COLONIAL DOCUMENTS. [1749

Mr Kemble reported, that he had delivered the Message of
Yesterday, Mr Alexander laid before this house, the Depo-
sition of Robert Lettice Hooper Esqre one of his Majesty's
Justices and Clerk of the Peace for the County of Somerset,
taken before him the 12th 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 Clawson1 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
14th 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 24th 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 23rd 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 Esqres 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 14th 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 Depositions1 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 Esqr Chief Justice the 11th 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
15th 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 Esqr one of his Majesty's Justices of the Peace of the
County of Essex, taken the 16th 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.

Mr 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.

Mr 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*

1st 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 ;

2d 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.

3rd 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

1st 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 18th 1749,
The house met, Present,

The honble 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 Mr 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 honble James Alexander Peter Kemble ^

Edward Antill VEsq"

Alexander Johnston Richard Saltar J

Mr Saltar reported, that he had obeyed the Order of this
house of the forenoon.

A message from the house of assembly by Mr James Smith
and M* Bispham.

"October 18th 1749.

" Ordered, that Mr James Smith and Mr Bispham do wait
" on the Council and acquaint them, that this house taking
" into consideration the message of the Council of Yesterday
" by Mr 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
" 13th 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 13th 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 16th 1748/9

< Ordered

< That Mr Spicer and Mr 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."

"Tno8 BARTOW Clk"

Mr Spicer and Mr Fisher from the house of Assembly,
brought back the Bill for Support of Government with the
following message.

"October 18th 1749.

" Ordered, that Mr Spicer and Mr Fisher do wait on the
" Council with the bill for the Support of the Government

1749] JOURNAL OF THE PROVINCIAL COUNCIL. 203

"&ca 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."

"Tno8 BARTOW Clk"
The house Continued till,

Thursday October 19th 1749.
The House Met, Present,

The honble James Alexander Peter Kemble ^

Edward Antill Thomas Leonard VEsqrs

Andrew Johnston Richard Saltar )

Ordered, that Mr Saltar do Acquaint the house of Assem-
bly, that this house taking into Consideration the Message
from the house of assembly of the 18th by Mr Smith and Mr
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-
tion1 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 19th Instruction, com-
municated by his Excellency t© the house of assembly, on the
28th 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 13th 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 16th 1748/9, now set forth at large in their said message
of the 18th adds weight to the message of this house of the
17th 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.

Mr Saltar reported, that he had obeyed the above order.

The house taking into consideration the message of the
house of assembly of yesterday by Mr Spicer and Mr 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 Mr Saltar do carry back to the house of assembly the
Bill for the Support of Government &° together with the
above resolutions.

Mr Saltar reported, that he had obeyed the above order.

The house Continued till

Thursday October 20th 1749.
The house met, Present

The honble James Alexander Thomas Leonard

Andrew Johnston f Esqrs

Peter Kemble Richard Saltar

His Excellency laid before the house the following message,
which he had received from the house of assembly.

"Ordered,

" That Mr Emley and Mr 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 30th 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 14th ADom. 1749.1

Present

The Honbu 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, & Mr 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 Esqr One of the Justices of the Supreme
Court, upon the 9th Day of December 1749, setting forth
in Substance, that on the 9th 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 9th 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 Esqre 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 Mr 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 Esqr 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, 15th February ADom. 1749/50.
The House Met

Present
The Honble James Alexander John Coxe -\

John Rodman Thorn8 Leonard >Esq™
Richard Smith Richard Saltar J

The above three Affidavits & Proclamation, were read this
Day

Ordered,

That the same be delivered to Mr Secretary to be delivered

14

210 NEW JERSEY COLONIAL DOCUMENTS. [1749-50

by him to the House of Assembly, according to His Excel-
lency8 Order.
The House Continued till

Friday, 16th February ADom. 1749/50.
The House met Present

The Honble John Reading Thomas Leonard ^

James Alexander > Esqrs

John Coxe Richard Saltar J

Mr 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 14th 1749/50

The House Continued till

Monday February [19th] 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 Mr Cook and Mr 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 17th 1749/50 SAM1 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 20th ADom 1749/50 A.M.
The House Met. Present.

f Esquires.

The honble 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 20th P. M.

The House Mett
Present as before with Mr 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 21st ADom. 1749/50 A. M.
The House Met

Present

The Honble James Alexander John Coxe "j

John Rodman VEsq™

Richard Smith Richard Saltar J

1749-50] JOURNAL OF THE PROVINCIAL COUNCIL. 213

Mr 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 Mr 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 22d 1749/50.

The House Met,

Present,

The Honble James Alexander John Coxe ^
John Rodman f

Richard Smith Richard Saltar J

Mr 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.

Mp Coxe delivered to the Council the following Message
from the House of Assembly, which he received from Mr
Mott and Mr Mickle, this House not then Sitting.

"Ordered,

" That Mr Mott and Mr 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"

21Bt 1749 SAM1 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 Esqr 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 thinks1 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 218t 1749.

The House Continued till,

Friday, 23rd February ADom. 1749/50
The House met

Present
The Honble James Alexander John Coxe ^

John Rodman Thomas Leonard >EsqrB

Richard Smith Richard Saltar j

Mr Coxe informed the House that Mr Emley and Mr
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 22nd 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 Mr James Smith do carry the said
"Bill and Amendment back to the Council, and acquaint
" them with the above resolves "

SAM1 SMITH Clk

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 Mr Emley & Mr 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 Mr 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 24th February 1749/50
The House Met,

Present
The Honble James Alexander John Coxe ^

John Rodman Thomas Leonard VEsq"
Richd Smith Richard Saltar J

M* Smith reported that he had obeyed the Order of
Yesterday
The House Continued till

Monday, the 26th February 1749/50.
The House Met

Present
The Honble James Alexander Thorn8 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 Mr Crane and Mr 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 ) " 8AM1 SMITH Clk "

" the 26th 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 Mr 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, 27th February 1749/50.
The House Met,

Present,
The Honble Jam' Alexander Thoa Leonard ^

John Rodman VEsq"

Richard Smith Richard Saltar J

The House Cont till four o'clock P. M. present as before
wth Mr Coxe

The General Assembly was Prorogued till Thursday March
29th 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 Esqr

The Honble John Reading Thomas Leonard ^

James Alexander f Esqw

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 Honble 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 Mr Learning and
Mr Camp and desired the advice of this Board thereon.

"Which Message is as follows.

"222 NEW JERSEY COLONIAL DOCUMENTS. [1749-50

" Ordered.

" That Mr Learning and Mr Camp do wait on His Excel-
" lency and acquaint him that some of the Freeholders of the
" County of Burlington on the 20th 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 1st 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 ye 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

SAM1 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 Honble John Reading Thomas Leonard ^

James Alexander VEsq18

John Coxe Richard Saltar J

Ordered

That Mr 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.

Mr Coxe and Mr 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 Esq18 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 Esqr 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 Esqr 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 Esqr one of the Justices of the
" Supreme Court for the Province of New Jersey afd 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 sd 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 Esqr 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 junr 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
" Honble Charles Read Esqr 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 Esqr 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 Esqr 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 Con1

"Revell Elton and Nathaniel Thomas Esqrs 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 Esqre 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 Exd by
" BENJAMIN TALMAN SAM1 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 Feby 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 21st 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, Benjd 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 Mr 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 Mr 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 Mr Speaker acquainted them that the House
Expected a peremptory and direct Answer to the Question
put to them on Saturday last Vizfc 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
Esqrs being Satisfactory to the House they were dismissed
paying their Share of the Fees Mr Speaker then acquainted
Robert Smith & Joseph Scattergood Esqrs 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 Esqrs on a Motion
made that they be called in and that Mr Speaker do Speak to
them as follows.

Yeas
J : Camp
J. Vn Middlesworth
H: Fisher
L. Vn Buskirk
Derk Dye.

Nay
Joshua Bispham

Yeas.
J. Smith
J. Witherill
J. Eaton
R. Lawrence
J. Crane
Will Cooke
J. Hinchman
Wm 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 Mr 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
Willm Cooke
Willm 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

SAMJ SMITH Clk.
Feb7 26 : 1749.

236 NEW JERSEY COLONIAL DOCUMENTS. [1749-50

The Serjeant at Arms informed the House that Revell Elton
and Nathaniel Thomas Esqrs 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 Esqrs 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

SAM1 SMITH Clk

Ordered

That Mr Coxe and Mr 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 Honble John Reading "|
James Alexander I
John Coxe J» EsqM

Thomas Leonard j
Richard Saltar J

Mr Coxe and Mr 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 report1 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 wch 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 Excellys 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 Adjournments1 of the General Assem-
bly of the Province of New Jersey His Majesty's Council
Met at Burlington on

Monday 28th January 1750.

Present

Mr Alexander Mr Leonard

Mr Rodman Mr Saltar

The Gen1 Assembly Prorogued till Tuesday 29th

Present

Mr Reading Mr Leonard

Mr Alexander
Mr Rodman Mr 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 Excell7
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 75th
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 Honble Mr 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 ye 31. Jan7

Present as above
The House Continued till

1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 243

Friday ye 1st February
Present as before

Mr Alexander acquainted this House that pursuant to the
above Agreement of October 8th last, Sundry of the Members
of the Council remained at Perth Amboy y* day and the next,
and on that 8th of October took the Affidavits of John Smith
and John Dear and on the 9th of Octr 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 sd 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 ye 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 Esqr 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 & Dr 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
Dr 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 Doctr Johnston & Mr
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 yfl 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

Mr Alexander laid also before this House an Affidavit of
Tunis Speer, of Horse neck in the County of Essex taken
the 24th of December last before John Ross Esqr 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 2d Feby

Present

Mr Reading Mr Leonard

Mr Alexander
Mr Rodman Mr Saltar

Monday the 4th
Present as above

1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 247

Tuesday the 5th

Present

Mr Reading Mr Kemble

Mr Alexander

Mr Rodman Mr Leonard

Mr Johnston Mr Saltar

Mr Smith & Mr 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 6th

Present as above

Mr Fisher and Mr 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 7th February 1750

Present

M' Alexander Mr Hude

Mr Rodman Mr Kemble

Mr Johnston Mr Leonard

Mr 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 Mr 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

Mr Saltar Reported that he had obeyed the above Order.

The House Continued till

Friday the 8th Feby

Present

Mr Reading Mr Hude

Mr Alexander Mr Kemble

Mr Rodman Mr Leonard

Mr Johnston Mr Saltar

Mr 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 Mr 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.

Mr Leonard Reported that he had obeyed the above Order
Mr Saltar Acquainted the House that Mr Cook & Mr 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

Feby 8. 1750.

Mr 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 Mr Cook and Mr Dey do Carry the said Bill
and Amendment back to the Council and Acquaint them with

the above Resolves

By Order of the House

SAM1 SMITH Clk
The House Continued till

Saturday ye 9th Feb7 1750

Present

• Mr Reading Mr Hude

Mr Alexander Mr Kemble

Mr Rodman Mr Leonard

Mr Johnston Mr 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 6th 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
sd 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 20th or
218t 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 Octobr 8th
Last. Which Message was in the following words.

Ordered That Mr 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 sd 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 Mr 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

Mr Leonard Reported that he had obeyed the above Order
the House of Assembly then sitting.

The House Continued till

Monday the 11th Feb:
Present as before

Tuesday the 12th
Present the same

Wednesday 13th

Present as before
The House Contd till

Thursday 14th

Present

Mr Reading Mr Johnston

Mr Alexander Mr Kemble

Mr Rodman M* Leonard

Mr Hude Mr Saltar

A message from the House of Assembly by Mr Lawrence
and Mr Hancock

" The House taking into Consideration the Message of the
" Council of the 9th Instant sent to this House by Mr 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 ye Council to the first Bill of this kind, as
" appears by the Minutes of the Assembly of January 20th 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 sd 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 10th 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 8th 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 9th 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 sd 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, inconstent1, 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 y9 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 15th Feb7

Present

Mr Reading Mr Kemble

Mr Alexander

Mr Hude Mr Leonard

Mr Johnston Mr 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 Esqr 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 wch 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
"25th 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 Contd till

1750-1] JOURNAL OF THE PROVINCIAL COUNCIL. 263

Saturday 16
Present as before
The House Contind till

th

Monday 18

Present

Mr Reading Mr Johnston

Mr Alexander Mr Kemble

Mr Rodman Mr Leonard

Mr Hude Mr Saltar

The House Continued till

Tuesday 19th Feb7

Present as above

Ordered unanimously

That Mr Kemble, do acquaint the House of Assembly,
that this House having taken into Consideration the Message
of the Assembly of the 14th 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 Sr 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 14th 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 (where1
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 Excell7 of the 14th 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

Mr Kemble Reported That he had Obeyed the Order of
this Morning The House then sitting

Wednesday 20th

Present

Mr Reading
Mr Alexander
Mr Rodman
M< Hude

Mr Johnston
Mr Kemble
Mr Leonard
Mr Saltar

Thursday 21st

Present the same.

Ordered

That Mr Kemble and Mr 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 19th Instant.

Friday 22d 1750
Present as above

Mr Kemble & Mr 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 Mr 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. [1750-11

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 ye 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 wth 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 Mr 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 19th 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 20th 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 14th 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 5th 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 Mr Saltar do Deliver a Copy of the above Minute to
the House of Assembly

Mr 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 Secry

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

Mr Reading Mr Johnston

Mr Alexander Mr Kemble

Mr Rodman Mr 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 Excell7 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 Esqr

Also the Examination of William Waller taken before him
<fe the Petition of Sam1 Fitz-Randolph in respect to some
piratical practices on Board the Sloop Mary of Woodbridge,
said Sam1 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 19th 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'irikett1 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 sd 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 Saithr
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-

10cracoke.

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 aforesd 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 junr Thomas Edwards, Benjamin Moore Joseph
Jackson & silas Walker and this Examinant, This Examin-
ant being Asked, Whether Samuel FitzRandolph Senr 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
Sam1 FitzRandolph Senr and his two sons, Kinsey FitzRan-
dolph & Sam1 FitzRandolph junr 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 Senr 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 Sam1 FitzRandolph junr Tho8
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 aforesd 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
Esqr of Woodbridge in the Province of New Jersey and
arrived at Woodbridge on the 16th of October: That the
next morning this Examinant Sent for Mary Jackson junr
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 junr Two hundred &
seven pieces of Eight more, before Robert FitzRandolph,
Hartshorne FitzRandolph, Mary Jackson Senr & mercy
Smith, That Hartshorne Fitzrandolph became Security to See
the aforesd 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 ye 13th
February 1750

Present
His Excellency the Governor •

Mr Reading Mr Hude

Mr Alexander Mr Leonard
Mr Hodman

Mr Johnston Mr Saltar

His Excellency laid before the Board the Message from
the House of Assembly of the 12th of February by Mr
Smith & Mr Wetherill

And Desired the Advice of Council thereon

Then His Excelly laid before the Board the Message from
the House of Assembly of the 11th of February Instant by
Mr Van middlesworth & Mr Fisher

And desired the Advice of Council thereon

At a Council held at • Burlington on Monday the 18th of
Feby 1750

Present
His Excellency the Governour

Mr Reading Mr Hude

Mr Alexander Mr Johnston

Mr Rodman Mr 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 yor 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 Esqr 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 yor Excelly 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 ye 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 aforesd 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 Willm
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 Andw Johnston
Esqr 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.
Febr 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
11th instant by Mr Van middlesworth and Mr Fisher as follows.

May it please your Excellency

In Obedience to your Excellencys Order in Council of the
13th Instant referring to us, the Petition of Joseph Bonney
and the message of the House of Assembly to Your Excell7
of the 11th Inst. for our Advice thereon.

We have Considered the same and the Answer of Thomas
Leonard Esqr 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 ye said answer on the other part ; We are hum-
bly of Opinion, that your Excell7 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 Mr 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
12th Instant by Mr Smith and Mr Wetherill as follows

May it please Yor Excelly

In obedience to Your Excellency's Order in Council of the
13. Instant referring to us, the Message of the Assembly to
Your Excell7 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 Esqr 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 Mr Walton
of New York, in his business But was at Liberty at any time
upon two months Notice, to leave Mr Walton, That his said
son has not been any one time since he went to Mr 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 22d 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 22d 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 Esqr) William Deare Esqr 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 ye Acts of
' Assembly of this Province * The Act to Explain what shall
'be a Legal Settlem* &° Passed in the 13th 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
' Mr 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 22d 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 Mr 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 Esqr 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 Mr 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 mr Walton's service on two months Notice, and was
4 near1 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 Esqr hath been Legally a Freeholder and Resident in
'the County of Middlesex for three years immediately be-
<fore the 22d 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 16th 1750.

And we do further humbly report to Your Excellency that
we unanimously agree in Opinion with the Judges that
William Deare Esqr 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 22d of Feb-
ruary 1750

Present
His Excellency the Governor

Mr Reading Mr Johnston

Mr Alexander Mr Kemble

Mr Rodman Mr Leonard

Mr Hude Mr 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 Secry

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 21st 1751

Present.

James Hude "1
Andrw 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 Assembly1 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 ye 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 22d 1751
The House Met Present

James Hude Andrw Johnston

Peter Kemble Thomas Leonard

The House Continued till

1751] JOURNAL OP THE PROVINCIAL COUNCIL. 293

Thursday May 23d 1751
The House Met

Present the same.

The House Continued till

Friday May 24th 1751
The House Met

Present As Above
The House Continued till

Satturday May 25th 1751
The House Met Present

}Esq"

James Hude And™ Johnston

Peter Kemble Thomas Leonard

The House Continued till

Wednesday May 29th 1751
The House Met Present

James Alexander Peter Kemble
James Hude And™ Johnston

Thomas Leonard

The House Continued till

Thursday May 30th 1751
The House Met Present

James Alexander And™ Johnston ^
James Hude Thomas Leonard >Esqrs

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

Mr Fisher and Mr 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 Adjournd to five o'Clock in ye 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

Mr Vanmiddlesworth and Mr Smith from the Assembly
brought up a Bill Entituled an Act for Naturalizing Philip
Young Henry Croo Johannes Fisher Jacob Winnacher1
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

Mr Learning and Mr 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

Mr 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 Mr 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

Mr Kemble reports that he had Obeyed the Above Order

Monday June 3d 1751
The House Met

Present

The Honble James Alexander Peter Kemble 1 Eg rs
James Hude And™ Johnston /

Mr Lawrence and Mr 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 4th 1751
The House met Present

The Honble James Alexander Andrw 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

Mr 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 Mr Leonard do Carry the said Bill with the
Amendment annexed to the House of Assembly and Desire
their Concurrence to Said Amendment,

Mr 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 Mr 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 ye Morning

Mr Leonard reported that he had Obeyed the Order of this
Morning

Mr 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 Mr 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
Mr 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.

Mr Hude Reported that he had obeyed the above Order

Wednesday June 5th 1751
The House Met Present as Yesterday

Reasons for Mr Alexanders Dissent

In the Committee upon the Bill for Support of Govern-
ment Mr Alexander haying Moved to leave out these words
in the Bill viz, Sheet 2d line 4. 5. and 6/ To Charles Read
Es(f for the use of Richard Partridge Esqr 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

Mr Alexander now Dissents to the Passing the Said Bill
without that amendment for the Reasons at length assign4 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 assignd 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

Mr Alexander now Dissents to the Clause Concerning the
Chief Justice for Reasons at the Said Sessions of 1749

Mr 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

Mr Fisher and Mr 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 6th 1751
The House Met Present

James Hude Peter Kemble

Andrw 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 Esqr 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 28th 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 21st of March last
which is Couch'd In the following Terms

White Hall March 21st 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 Plowritick2 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 6th 1751

Mr Low and Mr Hancock brought from the Assembly the
following Message

June 6th 1751

Ordered that Mr Low and Mr Hancock wait on his Excel-
lency and also on the Council and Inform them that the
house have Appointed Mr Fisher Mr Spicer Mr Stevens and
Mr 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 Mr
Speaker is Directed to assist therein

THOS BARTOW Clk

Ordered that Mr Hude and Mr 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 Mr Johnston and Mr Leonard wait on his
Excellency with A Copy of the Above Order

Ordered that Mr Leonard Acquaint the House of Assembly
of the Above order

1751] JOURNAL OF THE PROVINCIAL COUNCIL. 305

Mr Johnston Reported that Mr 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 Mr Leonard do further acquaint the House of
Assembly that Mr 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.

Mr Leonard Reported that he had Obeyed the above Orders

Friday June 7th 1751

The House Met
Present as Yesterday

Mr Fisher and Mr Spicer brought up from the Assembly
the following Message

June 6 1751

Ordered that Fisher and Mr 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 Mr Hude do acquaint the House of Assembly
in answer To their Message of yesterday by Mr Fisher and
Mr 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.

Mr 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

Mr Hude and Mr 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 Mr 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 Govr

308 NEW JERSEY COLONIAL DOCUMENTS. [1751

Perth Amboy

In the Province of New Jersey
June 7th 1751

JAMES ALEXANDER Speaker by

order and in behalf of his

Majestys Council
By order of the General Assembly

CHARLES READ Speaker

Mr Johnston Reported that he had Obeyed the Above
Order

At a Council held at Perth Amboy May 30th 1751

Present
His Excellency Jonathan Belcher Esqr

James Hude Peter Kemble 1

Andrew Johnston Thomas Leonard /

His Excellency laid before the Board a Letter from the
Duke of Bedford of Janry 10th 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 1st 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 Esqr

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 84th1 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 Mr 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 84th 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 ANDW JOHNSTON

JA : HUDE, PETER KEMBLE, Tno8 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 Honble Jno Rodman Tho8 Leonard \
Sam1Hude Richd 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 followg 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 16th Septbr 1751.

A message from the House of assembly by Mr Hancock &
Mr Devion.1

Ordered that Mr Lawrence Mr Cook Mr Learning Mr
Mickle & Mr Wood2 be a Committee to join a Committee of
the Council to inspect the Treasurers accots & also to inspect
& Burn the Cancelled Bills & make report to the House, &
that Mr Devion & Mr Hancock do inform the Council
Thereof, & Desire them to appoint a Committee for that
purpose.

by order of ye House

SAM1 SMITH Clk

Tuesday 17th Sept* 1751.
The House Mett, Present.

The Honle Jn° Reading
Jn° Rodman Tho8 Leonard \
Sam1 Hude Richd Saltar /

order'd That Mr Rodman Mr Saltar, & Mr Leonard or any
two of them be a Committee, to join a Committee of the
House of assembly to inspect the Treasurers accots & also to
inspect & Burn the Cansell'd Bills, that the Committee meet
at the House of Jn° Trapnell, in the City of Burlingn on
Thursday next at 4 O'Clock in the afternoon for that pur-
pose, order'd that Mr Leonard do acquaint The House of
assembly therewith.

The House Contind

1 Deacon.
See note on page 310.

1751] JOURNAL OF THE PROVINCIAL COUNCIL. 313

Wednesday 18th Septr

Present
The Honle Jno Reading Jam8 Hude ^

Tho8 Leonard >Esqrs
Jn° Rodman Richd Saltar J

Mr Leonard Reported that he had obeyed the above order.

Thursday 19th Sepr

Present
The House Mett

The Honle Jn° Reading James Hude ^

Ja8 Alexnder > Esq"

John Rodman Tho8 Leonard )

Mr Hancock & Mr Wood from the House of assembly
broug4 in a Bill, entitled an act for erecting a Toll Bridge
over Salem Creek. The Bill entitled an Act for erect8 a Toll
Bridge over Salem Creek, was read a first Time & order'd a
Second Reading.

Friday Sepr 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.

Mr Leonard Chairman reported the Bill wth 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 Mr Leonard do carry the sd 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 follow8 words ordered
That Mr Embly, & Mr 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 Concurr0

Septem' 20th 1751. SAM1 SMITH Clk

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 follow8 words order'd
That Mr Devion & Mr 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 sd Bill. By order of y* House

Septemr 20th 1751. SAM1 SMITH Clk

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 Sepr 1751

Present
The House Mett

The Honle Jn° Reading ^

Jam8 Alexander >Esq™
Jn° Rodman J
The House Cond

The House Mett. Monday 23d

Present as above with Mr Johnston, & Mr Saltar
The House Contind

lTo 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 Sepr 1751
Present

The Honla Jn° Reading Andw Johnston ^

Jam9 Alexander Peter Kemble V Esq"
John Rodman Richd Saltar J

Lewis Ashfield Esqr 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 Esqr 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 Richd
Smith Esqr Decd & for so doing this shall be your warrant,
& so we bid you farewell, given at our Court of S* James's
the 8th day of May 1751 in the 24th Year of our Reign,
by his Majesty's Command

BEDFORD.

Lewis ashfield Esqr to be^j
of the Council of New >

Jersey J

engrossed Thus1

To our Trusty & wellbeloved Jonathn Belcher Esqr our
Cap* General & Governour in Chief of our Province of
Nova Seesaria or new Jersey in america, & in his absence to
our Command' in Chief, or to the presedent of our Council,
of our sd province for the time being — also acquainted this
House, that he2 had waited of his Excellency the Govern'
yesterday & this morning, at both which times, he had pre-
sented the sd mandamus to the Gover1 after which he had a
letter in the follow8 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 Goverr of this prov-
ince, that at the Last Supream Court, held at Perth Amboy ;
there was a bill of indictment1 found against you by a Grand
Jury, of the County of Middlesex for Damning the Kings
Laws, & Exprest in such a mannr 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 membr 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 24th Sepr 1751.

J. BELCHER.

To Lewis Ashfield Esqr

all which he submitted to the Consideration of This House.
This House taking the &d matter into consideration, ordered
that Mr alexander & Mr Kemble do wait on his Excellency
with the sd letter, to know of him wether it be his hand writ-
ing. Mr Alexander & Mr Kemble being returned, reported
that they had produc'd the sd Letter to his Excellency & he
acknowledged the same to be his hand writing.

The House Continued

Wednesday 25th Sep* 1751.

Present

The Hon16 Jn° Reading Andw Johnston ^

Jas Alexander Peter Kemble > Esqr

John Rodman Richd 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 Mr 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

1st by what authority from his Majesty it is that his Excel-
lency has refused to admitt Mr 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.

2dly 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.

1st To lay before this House for their Consideration Coppys
of all such Papers, as he has Conceived have authoriz'd his
refusal to admitt Mr Ashfield, pursuant to his majesty's
Mandamus.

2dly That his Excellency would be pleas'd to Lay before
This House, for their Consideration, Coppys of The proofs
that his Excellency has recd 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 Mr Kemble & Mr Saltar.

Mr Kemble & Mr 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 follow8 words order'd
that Mr Ogden, & Mr 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 Contind

318 NEW JERSEY COLONIAL DOCUMENTS. [1751

Thursday Sepr 26 1751
The House Mett

Present
The Honle Jn° Reading And* Johnston ^

James Alexander Peter Kemble > Esq™
John Rodman Richd Saltar J

This House resuming the consideration of the affair of Mr
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 Mr Hancock, & Mr 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 1st & 5th & have made
an additional amend* to ye 6th & adhere to the Bill in the
other parts — and the said additional amendment, to the 6th
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 Mr Kemble be added to the Committee
appointed on Tuesday 17th 8epr Concerning the Treasurer's
accounts &c

The House Contind Till

Friday Sepr 27th 1751.
The House Mett

Present.
The Honle Jn° Reading Andw 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 Mr 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 6th 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.

Mr 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
sd Bill shall pass or not.

Resolv'd That the same do pass.

order'd That the Speaker do sign the same.

order'd That Mr 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

Mr 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 sd 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 Mr 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 Contd

The House Mett
Tuesday octob1 1 1751.

Present
The Honle Jn° Reading Jas Hude ^

Jas Alexander Andw Johnston V Esqrs
John Rodman Peter Kemble J

Mr Kemble reported that he had obey'd the Three orders
of this House, on Friday Last.

Octob1 2d
The House Mett

Present
The Honle Jn° Reading Andw Johnston \

John Rodman Peter Kemble > Esq™
James Hude Tho8 Leonard J

1751] JOURNAL OF THE PROVINCIAL COUNCIL. 321

A message from the assembly in the follow* words

ordered That Mr Newbold & Mr 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.

Mr 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 sd 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 Mr 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 octobr 3d 1751.
The House Mett.

Present
The Honle Jn° Reading Andw Johnston "^

Jam8 Alexander Peter Kemble ! -^
John Rodman Tho8 Leonard

James Hude Richd 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 30th 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 & solicit1 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 follow8 Heads. I8t 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
support8 The Government, as by other proper Methods, for
reestablishing, & preserving The peace & Tranquillity of the
Province.

2dly 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.

3dl7 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 Informd 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 sd 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 4th 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,
Mr 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 bd 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 sd 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.

Mr 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 3d paragraph, Richd Ashfield Esqr Father of the
Memorialist, & Lewis Morris Esqr 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 4th 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 5th 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 Mr 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 Mr Ashfield.

As to the 6th 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 Esqr have a Copy of
what relates to himself if Requir'd

The House Contin'd

328 NEW JERSEY COLONIAL DOCUMENTS. [1751

Friday Octobr 4th 1751.
The House Mett.

Present

The Hon16 Jn° Reading Andw Johnston "j

Jam8 Alexander Peter Kemble !
John Rodman Thos Leonard j

James Hude Richd 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.

Mr 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 sd Bill be Read
a Third Time, which was accordingly Done, & the Question
being put, wether the bd Bill shall pass or not.

Resolv'd That the same Do pass.

Ordered That the Speaker do Sign the same.

Order'd That Mr 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 Contind

Saturday Octobr 5th 1751,
The House Mett

Present
The Honle Ja8 Alexander Andw Johnston -j

Jn° Rodman fEsqrs

James Hude Tho8 Leonard J

1751] JOURNAL OP THE PROVINCIAL COUNCIL. 329

Mr Rodman reported that he had obey'd The order of
yesterday.

A message from the Assembly in the followg words.

order'd That Mr Fisher, & Mr 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 Contind

Tuesday Octr 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 Contind

Wednesday Octobr 9th 1751.
The House Mett,

Present

The Honle John Reading Andw Johnston ^

James Alexander Peter Kemble > Esq™

James Hude Tho8 Leonard )

a petition was presented to this House by Bowman Hun-
lock, setting forth that his father Thomas Hunlock Late
Decd was possessed of a grant of the Ferry of Burlington,
by Virtue of a patent from Wm Burnett Esqr 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 sd 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 Octobr 10th
The House Mett

Present

The Honle Jn° Reading Andw Johnston ^

James Alexander Peter Kemble >Esq"

Jam8 Hude The8 Leonard J

Mr 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 sd 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 Honle Anderew Johnston do acq* the
House of assembly, that the Bill entitled an act to prevent
the Exportation of unmerch16 flour pass'd this House without
any amendment.

The House Contind

1751] JOURNAL OF THE PROVINCIAL COUNCIL. 331

The House Mett.
Friday Octr 11th 1751.

Present

The Honle Jn° Reading Andw Johnston ^

Jam8 Alexander Peter Kemble «
Jn° Rodman f

James Hude Tho8 Leonard J

Mr Johnston reported that he had obey'd the order of this-
House on Thursday Last. The House Cond

The House Mett
Saturday Octobr 12th

Present
The same.

Monday Octobr 14th
The House Mett

Present
The same
The House Contd

Tuesday Octr 15.

Present
The same
The House Contd

Wednesday 16th Octr 1751.
The House Mett

Present
The Honle Jn° Reading ^

Jam8 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 Wm 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 Hon1' Jno Reading Andw Johnston ^

Ja8 Alexander Tho" Leonard > EsqM

John Rodman Richd 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 Wm 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 Contind

The House Mett

Thursday 17th

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 sd Bill.
The House Contind

The House Mett
Friday Octobr 18th 1751.

Present
The Honle Jn° Reading Andw Johnston ")

Ja8 Alexander Peter Kemble ! ^ n
John Rodman Tho8 Leonard f
James Hude Richd Salter j

Mr 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.

Mr Leonard from the Committee to whom the Bill entitled
an Act for the naturlizing Wm Evelman was Committed
Reported the same without amend*

order'd That the sd Bill be read a Third Time which was
Accordingly Done & the Question being put wether the sd
Bill shall pass or not.

Resolv'd That the same do pass.

order'd That the Speaker do sign the same.

order'd That Mr Leonard do acquaint The House of
Assembly that the Bill entitled an act for the naturlizing
Wm 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 amend1

order'd that Mr Leonard do Carry^ the sd Bill with the
amend* to the House of assembly, & acquaint them, that this

334 NEW JERSEY COLONIAL DOCUMENTS. [1751

House have pass'd the sd Bill -with one amendment, to which
they desire the Concurrence of that House. Mr Leonard
reported he had obeyed the orders of this House.
A message from the assembly in the follow8 words
order'd That Mr Emley & Mr Holmes do carry the Bill,
entitled a Supplementary Act &° to the Council together,
with the amendment, made to their amend* of bd Bill & desire
their Concurrence Thereto, & the amendment to the amend*
of this House being twice read. The Council do agree to the
sd amendment & order'd the sd Bill, with the amend*8 of both
Houses to be reingross'd. Mr 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 Octr 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 Mr 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 wth the amend*
order'd that Mr Saltar do carry the same, to the House of
assembly, & acquaint them that this House have pass'd the
sd Bill, with one amendment, to which they desire ye Con-
curence of that House. Mr Leonard reported that he had
obey'd the order of the House of this Day. Mr 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.
Mr Saltar reported he had obey'd the order of this House.
The House Contd

The House Mett
Saturday 19th Octr Present, the same

A message from the assembly in the follow8 words.

order'd that Mr Emley & Holmes do carry the Bill, enti-
tled A Supplementary act, to ye 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 Mr
Saltar do Carry the same to the House of assembly & acq*
them that this House have pass'd ye sd Bill together with
sundry amend** to which they desire the Concurrence of that
House, a message from the assembly in the follow8 words,
order'd that Mr Denion1 & Mr Newbold do Carry the Bill
entitled an act to Vest the Mayor, Recorder, aldermen &c of
the City of Burlingn with the Ferry &c to the Council &
acquaint them, that this House have agreed to their ameud*
& reingross'd & pass'd the sd Bill, with the same, which rein-
gross'd Bill being examin'd, with ye former Bill & amend-

1 Deacon.

336 NEW JERSEY COLONIAL DOCUMENTS. [1751

ment, by this House, ordered that the speaker Do sign the
same.

Mr Saltar reported that he had obeyed the order of this
House.

A Message from the assembly in the follow8 words.

ordered that Mr Fisher & Mr Van Middlesworth do carry
the Bill entitled an act for the releif of Joseph Bonny &° to
the Council, together with the Councils amend18 thereto &
acquaint them that this House doth Disagree to the sd 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 Mr Saltar do acquaint
the House of assembly with the same. Mr Saltar reported
that he had obeyed the order of this House.

The House Mett Monday 21 Octobr Present the same.

Mr 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 Mr 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 Mr Lawrence, Mr Mott, Mr Fisher and Mr
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 Mr Stevens and Mr 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 Mr Kemble do
acquaint the House of Assembly, That this House have
appointed Mr Hude and Mr 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 &'

Mr Kemble reported that he had obeyed the several Orders
of this House on this day. The House Continued

The House met Monday Octor 21§t 1751
P. M 3 O'Clock. Present. The same

A Message from the Assembly in the following Words

Ordered that Mr Learning and Mr Dye1 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 Mr Learning and Mr 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 Mr 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
Contd

The House met Tuesday October 22d 1751.
Present as before

Mr Kemble reported that he had obeyed the Orders of this
House on Yesterday.

Mr 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 Mr Newbold and Mr 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 22d 1751

3 O'Clock P. M.
Present. The same

Ordered that Mr 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.

Mr 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 Mr Kemble ordered that Mr Law-
rence and Mr 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 25th 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 Mr Kinsey & Mr 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.

Mr Kinsey reported that Mr Ogden and himself had waited
on His Excellency accordingly who was pleased to say he
would receive them Immediately — Mr Speaker wth 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 Mr Morris (afterwards Governor Morris) presided
that day in Council.

That on the 22d 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 16th 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 Mr Alexander
was then one of the Gentlemen of the said Council. That
the same practice was again repeated on the 4th July 1730,
and that two Money Bills were delivered to the Governor on
the 15th August 1733. Mr 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, Mr Alexander and Mr 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 Mr Lawrence & Mr 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 Tand
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 Mr 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 Mr Emley and Mr 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 Mr 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 Mr Alexander Mr
Johnston and Mr 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* 17th 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 2d 3d & 4th 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 5th
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 wch declare that Lands should thereafter
be taxd according to the Quantity and Quallity1 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 6th & 7th amendment we refer to the preamble
wch 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 23d 1751
The House met Present, as Before

Mr 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 Mr Stevens and Mr 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 Mr Johnston and Mr 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* 20th 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 Esqr 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 29th & 30th 1704 where
they agree to sundry amendments made by the Council to a
Money Bill.

Ordered that Mr Kemble do carry to the House of Assembly
a Copy of the above Minute

Mr 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*

1st 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 &°

2dly a Supplement to An Act Entituled an Act to Encourage
the Killing of Wolves and Panthers.

3dly An Act for Erecting the Bridge over Salem Creek Into
a Toll Bridge.

346 NEW JERSEY COLONIAL DOCUMENTS. [1751

4th17 a Supplementary Act to the Act Entituled An Act for
Explaining and amending an Act of the General Assembly.

5thly An Act for Naturalizing William Evelman

gtwy ^n ^cj. ^o prevent ^ne Exportation of Unmerchantable
Flour to Foreign Markets

ythiy ^n ^ct to Restrain Tavern Keepers and others from
Selling Strong Liquors to Servants &°

8thl7 a Supplementary Act to the Act Entituled An Act to
prevent the Killing of Deer out of Season

After wcb 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 Mr 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 wob 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 23d 1751.

Then His Excellency was pleased to Prorogue the General
Assembly of this Province to the 25th 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 10th 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 10th February 1749 250 „ — „ —

116 To himself or Order for a Quarters

Salary due 10th day of May 1750... 250 „ — „ -

117 To himself or Order for a Quarters

Salary due 10th August 1750 250 „ — „ —

118 To himself or Order for a Quarters

Salary due 10th November 1750 250 „ — „ —

348 NEW JERSEY COLONIAL DOCUMENTS. [1751

119 To himself or Order for a Quarters

Salary due 10th February 1750 250 „ — „ —

120 To himself or Order for a Quarters

Salary due 10th day of May 1751... 250 „ — „ —

121 To himself or Order for a Quarters

Salary due 10th August 1751 250 „ — „ —

122 To himself or Order for 1 Quarters

House Rent due 10th November

1749 15,,-,,-

123 To himself or Order for 1 Quarters

House Rent due 10th February 1749 15 „ — „ -

124 To himself or Order for 1 Quarters

House Rent due 10th day May 1750 15 „ — „ —

125 To himself or Order for 1 Quarters

House Rent due 10th August 1750 15 „ — „ —
N° 126 To himself or Order for 1 Quarters

House Rent due 10th Novemr 1750 £15 „ — „ —

127 To himself or Order for 1 Quarters

House rent due 10th February 1750 15 „ — „ —

128 To himself or Order for 1 Quarters

House Rent due 10th May 1751 15 „ — „ —

129 To himself or Order for 1 Quarters

ditto due 10th 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 Rodman1 shall assent to it.

At a Council held at Burlington Friday October 4th 1751.

Present
His Excellency the Governor

The Hofible John Reading Peter Kemble^

James Hude fEsq™

Andrew Johnston Tho8 Leonard J

1 John Rodman, a member of Council not present.

1761] JOURNAL OF GOVERNOR AND COUNCIL. 349

Mr Neilson, Mr Doolhagan, Mr 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 Esqr 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 Mr 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 18th September last N° 118
all which Warrants were Numbred and Marked in the
Margen

N° 118 To himself in part of Quarters Salary

due 10th November 1750 £15 „ — „ —

118 To himself in part of Ditto due 10th

November last £ 1 5 „ — „ —

118 To himself for the Remainder of the
Quarters Salary due 10th November
1750 220,,-,,-

And the Warrant N° 118 was given up & Cancelld

Mr Reading Mr Saltar & Mr 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
Mr Rodman said he did not incline to give either Assent or
Dissent

At a Council held at Burlington 23d October 1751.

Present
His Excellency The Governor

The Honbla 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 10th August 1751,
39 days £11 ,,14,,—

131 Richard Saltar for his Attendance in

D°80daysbef: 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 10th

August 1751 31,,10,,—

1751] JOURNAL OF GOVERNOR AND COUNCIL. 351

138 Rob1 H Morris Salary allowed in Sup-

port Bill past 6th June 1751 20 ,,16,,-

139 To Charles Read Esqr his Salary as 3d

Judge Sup Court between 10th Au-
gust 1749 & 10 August 1751 50,, — ,,—

140 To Ditto as Clerk of the Council from

Ditto 60,, — ,,—

141 To Ditto as 3d Judge for holding 3

Courts of Oyer & Terrainer from

10th Aug* 1749 to 10 Augugt 1761... 30 „ — „ —

142 D° his Acco* allowed in the Support

Bill past 6th June 1751 62,,13,,-

143 Samuel Smith Esqr 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 10th

February 1747 to 10th Aug* 1751.... 35 „ — „ -

146 Joseph Warrell Esqr his Salary as Att

Gen11 from 10 Aug* 1749 to 10 Aug'

1751 80,,-,,-

147 Sam1 Smith Esq' his Salary as Treasurer

of the Western Division of New
Jersey from 28 Sepr 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 Junr 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 28th 1752

Present
The Honu James Hude ^

Andw Johnston >Esqri
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.

Jany 29th 1752
The House Mett

Present
The Honle James- Hude -\

Andw Johnston VEsq™
Peter Kemble J

The House Continud Till

Jany 318fc
The House Mett
Present as above
The House Contind Till

Monday February 3d
The House Mett

Present

The Honle James Alexander Andw Johnston
James Hude Peter Kemble

The House Contind Till

23

354 NEW JERSEY COLONIAL DOCUMENTS. [1752

Wednesday Feby 5th
The House Mett
Present as above
The House Contin^ Till

Thursday Feby 6th
The House Mett
Present the same
The House Continua Till

Feby 7th 1752
The House Mett

Present

The Honle James Alexander Peter Kemble ^

James Hude vEsq18

Andw 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.

Feby 8th 1752.
The House Mett

Present,
The Honle James Alexander ^

Andw Johnston VEsqrs
David Ogden J

Mr Alexander Acquainted the House that Mr Hancock
Mr Stevens, Mr Law, & Mr 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 ye Concurrence of this House.

which Bill was Read a first Time, & ordered a Second
Reading

The House Contind Till

Feby 10th
The House Mett

Present
The Honle James Alexander Peter Kemble ^

James Hude Tho8 Leonard V Esqrs

Andw 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 ye 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 Contind Till

Febyy 11th 1752
The House Mett

Present.

The Honle James Alexander Peter Kemble \

James Hude Tho8 Leonard >Esqrs

Andw Johnston David Ogden J

Mr 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 Amendm1

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 Mr 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

Mr Alexander having Insisted in the Committee to which
the Bill was Referred on three Amendments thereto, woh 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.

Mr Johnston Reported that he had obey'd ye 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 words1

"You Shall not Displace any of the Judges Justices
"Sherriffs or other Officers or Ministers within our sd
" 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 sd Commission & Instructions
agreed on as Afforesaid Examined by the Orig11 Reported by
the Lords Commissioners for Trade & Plantations, on the 6th
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 unpresented1 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 23d 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 Mr Johnston & Mr 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.

Mr Lawrence one of the Committee appointed at the Last
Session in Conjunction with a Committee of ye Council to
Inspect the Treasurers Accote &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 Mr Stevens & Mr Law inform the
•Council Thereof

THO" BARTOW Clk

Ordered that Mr 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 Junr Daniel Smith & Wil-
liam Cooke Esqr or any two of them were thereby Directed
Authorized and Impowered as Soon as they Should have
advice of Richd Partridge Esqr 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 Richd Partridge for the said Money,
we also find by the printed Copy of the Minutes of your
House of your Last Session the said Richd Partridge has
acknowledged the Receipt of £2231 „ 18 „ 4 Sterling Money
of Great Brittain by his Letters of the 9th of Fet/ 1750
whereof we have no Reason to Doubt, but the sd 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 sd 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 sd 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.

Mr 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 Mr Johnston & Mr Deacon do wait on the
Council, & acquaint them in answer to their Message, that
William Coake Esqr one of the Persons appointed to Draw
for the Money mentioned in said message, Informs the House
that the Reason why the sd Money was not Drawn for was
from the Differrence they payed to the opinion of the Majority
of ye 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 Esqr thereof,
and therefore ye 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 Clk

Ordered that Mr Leonard do acquaint the House of assem-
bly that this House has nothing further to Lay before them*

Mr Leonard Reported that he had Obeyed the above Order

Reasons for Mr Alexanders Dissent to the Bill passed
yesterday in this House.

1st For that Instead of Richd Partridge Esqr 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 ye time being appointed by Legislative Act.

For his Reasons he referrs to the Minutes of this House
of October 17th 1749 & Octobr 22d 1751 on the like amendfc
at those times Proposed.

1752] JOURNAL OF THE PROVINCIAL COUNCIL. 363

2dly 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.

3dly For that tho' the Greatest objection to the Bill sent up
in Octr 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 Octobr 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 12th
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
ye Government &°

After which he made the following Speech,

Gentlemen of the Council & of the General Assembly.

I observe with much Satisfaction, not only ye 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 wth much prosperity, in all our private affairs.
Perth Amboy J. BELCHER

Feby 12th 1752.

At a Council held at Perth Amboy February 7th 1752.

Present.
His Excellency the Governour

James Alexander \ Peter Kimble
James Hude J Andrew Johnson

David Ogden Esqr 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 Esqr 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 Esqrl 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 Esqr 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 Esqr
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« 12th of febry
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

ye10thAugst& 10th of November... 250,, 0,, 0

151 To D° for a quarters house Rent for

same time ................................ 15,, 0,, 0

152 To D° a Quarters Salary Between 10th

Novr 1751 & 10th feb17 following... 250,, 0,, 0

153 To D° for a quarters house Rent for

same time ................................ 15,, 0,, 0

154 To Samuel Nevill Esqr for his Salary

as 2d Justice January 21st 1748/9 to

the 10th Aug8t 1749 ........... . ........ 13,, 7,, 6

155 To D° for his sallery as 2d Justice from

e 10th 1749 To aug8t to Augst

10th 1751 ................................. 50,, 0,, 0

1752] JOURNAL OP GOVERNOR AND COUNCIL. 367

156 To D° for his Salary as 2d Justice from

Aug8t10th 1751 to feb^ 10th 1752 12 ,,10,, 0

157 To D° for holding a Court of Oyer &

Terminer at hunterdon in May 1749 10 „ 0 „ 0

158 To D° for holding five Courts of Nisi

Prius & Oyer & terminer Viz in
Novr 1749 at Month in May 1750
at hunterdon in November 1750 at
munmoth in Novr 1750 at Essex in
May 1751 at hunterdon 50,, 0,, 0

159 To D° for holding 4 Courts of Oyer &

term mar Viz in Sepr 1751 In
Morris in Octr 1751 at Bargin1 in
Octr 1751 At Somerset in Octor 1751
atMunmouth 40,, 0,, 0

160 To D° for Attending Supr Court at

Burlington Novr 1751 6 „ 0,, 0

161 To Charles Reed Esqr for his Sallery

as 3d Justice from Augst 10th 1751

to febry 10th 1752 12,, 0,, 0

162 To D° for Sallary as Clark of the

Council from Aug8t 10th 1751 to febry

10th 1752 15,, 0,, 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 Esqr for his Salary

as Atty Gen from AugBt 10th 1751 to
febry!01752 15,, 0,, 0

165 To Andrew Johnston Esqr one of the

tresurers for his Salary from Aug8t

10th 1751, to feb^ 10*h 1752 20,, 0,, 0

166 To D° In full of his Account Allow'd

By support Bill Pass'd this Day.... 10 „ 11 „ 7

167 To Sam11 Smith Esqr the Other treas-

urer for his Salary from Aug* 10th

1751, to Febry 10th 1752 20,, 0,, 0

1 Bergen.

368 NEW JERSEY COLONIAL DOCUMENTS. [1752

168 To Sam1 Smith Esqr 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,, 0

169 To Ex" of Richard Smith in full of

his Account Allowed By Support of

Government Pass'd this Day 66 „ 10 „ 0

170 To John Smith for Salary as Clerk Of

the Circuits from Novr 13th 1749 to

febry 10th 1752 44,,16,, 0

171 To Thomas Wetheril Junr for Attend-

ance 44 Days as Serjeant at Arms
to the house of Assembly at Bur-
lington in Septr and Octor Last 6 „ 12 „ 0

172 To Willm Norcross for his Attendance

&° 44 Days on the Assembly as
Door Keeper at Burlington in Sep*
an Octr Last 6 „ 12 „ 0

173 To Anthony Elton as Doorkeeper to

the Council from Aug8t 10 1751 to

feb'7 10th 1752 5,, 0,, 0

174 To the honble James Hude for Attend-

ance as a Councillor Between the
10th of Augst 1751 and 12th of febry
1752 20,, 2,, 0

175 To Peter Kimble for his attendance

&° 67 Days D°... '. 20,, 2,, 0

176 To Andrew Johnson for Attendance

&°57DaysD° 17,, 2,, 0

177 To Thomas Leonard for his Attend-

ance &c 47 Days D° 14,, 2,, 0

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 „ 0

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 „ 0

181 To Andrew Robeson for his Attend-

ance On ye Assembly 67 Days at
Amboy Serjeant a Arms in 1749
1750&1751 10,, 1,, 0

182 To Peter Sancry for Attendance 67

Days on Council As Serjeant a Arms

By Support Bill pass'd Last June 10 „ 1 „ 0

183 To D° for D° 19 Days on Session

Ended this Day 2 „ 17 „ 0

184 To John Titus for his Attendance On

the Assembly 67 Days as Door
keeper At Perth Amboy in 1749
17501751 10,, 1,, 0

185 To D° for D° "19 Days On Sessions

Ended this Day 2 „ 17 „ 0

186 To Andrew Robesson for 19 Days

Attendance at the Session Ended

this 12th of Febr> 1752 2,,17,, 0

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 10th of May the
10th of Aug8t the 10th of Novr and the 10th of febry to which
Proposal the Council Assented

A Report from Judge Nevill in the following Words

To His Excellency Jonathan Belcher Esqr Captn 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 Augst 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 atty 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

humbl Serv*

SAMUEL NEVILL

The Board haveing Considered the Same : Are Of Opinion
that Mr Nevill Do proceed in that Affair to the best of his
Judgment and Agreeable to the Laws of ye Land

A true Copy of the Minutes of the Council of New Jersey

Compared by

CHAS READ Seer7

At a Council held at Elizabeth Town in the Province of
New Jersey on Friday ye 24th of April 1752.

Present
His Excellency the Governour

Mr Hude Mr Kimble Mr 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 1th 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 Esqr 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 Esqr I of His Majesty's

One of His Majesty's Council & Province

Samuel Nevill Esqr | 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.

Elizth Town J BELCHER

April 24th 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 Esqr 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 Esqr High Sheriff of ye 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 11th 1752

J. BELCHER.

Letter to Mr Johnston & Mr 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 11th 1752 Your Friend & Servfc

J. BELCHER
To the Honorable

Andrew Johnston Esqr Of his Majesty's

One of his Majesty's Council f Province of

Samuel Nevill Esqr new Jersey

One of the Judges of ye Supream Court J

Mr. Nevills Answer

Perth amboy April 14th 1752
May It Please Your Excellency.

I received a Packet from your Excellency by Mr Waller
on Sunday Last in the morning near One O Clock with an
Inclos'd Letter Directed to Mr Andrew Johnston & my Self
as Also your Warrant or Order To the Sheriff of Middlesex
I waited on Mr 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 Mr 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.

Mr 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 Sr with all Due Respect
Your Excellencys

Most Obedient
To his Excellency humble Serv*

Jonathan Belcher Esqr SAMUEL NEVILL

New Jersey ss. James Newell of the City of amboy
Taylor of full age maketh Oath that on monday the 13th 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 13th 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 Gentn maketh Oath that On monday the 13th of
April 1752 He this Deponent was in Company With Wil-
liam Dear Esqr 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 ye 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 13th 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 Esqr High Sheriff Of the
County of Middlesex maketh Oath that About three o Clock
on monday the 13th 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.

Wm DEARE
Sworn this 13th 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 10th 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 ye 11th Day of May 1752

Present
His Excellency the Governour

Mr Alexander Mr Hude Mr Johnston Mr Ogden

1752] JOURNAL OF GOVERNOR AND COUNCIL. 379

4

The minutes of Council of the 24th 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 Wch 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 Willm Dear Esqr
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 Willm Deare haveing been Ac-

380 NEW JERSEY COLONIAL DOCUMENTS. [1752

•

quainted therewith We Are of Openion the Steps the Said
Willm 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 ye 10th Instant 160

To D° for the Remaining Part of the Quarter
D° Ended ye 10th Ins* 90

To D° for a Quarters house Rent Due ye 10th
Instant 15

To Samel Nevill Esqr 2d Justice of ye Supream
Court of this Province for a Quarters Sal-
lery Due ye 10th Instant 6 : 5 — 0

To Charles Read Esqr as 3d Justice of the
Supream Court for a Quarters Salary Due
the 10th Instant 6: 5,, 0

To Joseph Warrell Esqr atty general of the
Province of New Jersey for a Quarters Sal-
ary Duey6 10th Instant , 7 „ 10 „ 0

To Andrew Johnston Esqr Treasurer of ye
Eastern Division For a Quarters Salary Due
ye 10th Instant 10,, 0,, 0

To Sam11 Smith Esqr Treasurer of ye western
Division for a Quarters Salary Due ye 10th
Instant 10,, 0,, 0

To Charles Read Esqr for his Salary as Clark
of the Council for a Quarters Salary Due ye
10th Instant 7 „ 10 „ 0

To John Smith Esqr Clerk of the Circuits for

a Quarters Salary due ye 10th Instant 5 „ 0 „ 0

1752] JOURNAL OF GOVERNOR AND COUNCIL. 381

To Samuel Nevill Esqr for his Attendance on
three Courts of Oyer & Terminer Viz* at
Cumberland ye 4th Tuesday in April Last
at Salem ye 3d tuesday in April Last and at
Gloster the first tuesday in May Instant 30

To Anthony Elton Doorkeeper of ye Council

for a Quarters Salary Due ye 10th Instant... 2 „ 10

A true Copy of the Minutes of the Council of the Prov-
ince of New Jersey Compared by

CHA READ 8ecry

At a Council held at Elizabeth Town on Monday the Tenth
of August, 17521

Present
His Excellency the Governour

The Honoble 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 &ca
was read.

a Petition of Joseph Bonney and his Letter of the 20th 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 &ca of the Free Borough of Elizabeth are
of Opinion that the same be referred to Mr Alexander Mr
Hude Mr Johnston Mr Kemble Mr 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: 0

201 : To himself for a Quarters House Rent

due this day 15 :0: 0

202. To the Honoble James Alexander Esqr

for forty one days attendance in
Council between the 7. of October
1743 & the 18 : November 1743... 12 : 6 : 0

203. To the Honoble James Alexander Esqr

for One hundred and Seventy two
dayes attendance in Council between
29: of March 1749 to February
14:1752 51:18: 0

204: To the Honoble John Reading Esqr
for forty three days Attendance in
Council in September and October
1751 6: 8: 0

205: To Samuel Nevill Esqr 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 : 0 : 0

384 NEW JERSEY COLONIAL DOCUMENTS. [1752

N°206: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 Esqr for a Quarters
Salary as Clerk of the Council for
the Quarter ended this day 7 : 10 : 0

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 Esqr for a Quar-
ters Salary as Attorney General for
the Quarter ended this day 7 : 10 : 0

210: To Andrew Johnston Esqr for a Quar-
ters Salary as One of the Treasurers
of the Province for the Quarter
ended this day 10: 0: 0

211: To Samuel Smith Esqr for Quarters
Salary as one of the Treasurers of
the Province for the Quarter ended
this day 10: 0: 0

212: Samuel Smith Esqr 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 : 0

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 : 0

215. To Ditto for one Hundred and Sixty
Bound Books of the Laws of the
Province as ^ Act of General
Assembly 200: 0: 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 : 0

Mr Alexander acquainted His Excellency that Lewis
Ashfield Esqr 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 Honoble James Hude, Andrew Johnston and Petter
Kemble Esq"

His Excellency gave the following Answer to the Motion
of James Alexander Esqr 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 Mr Alexander relating to the Kings Mandamus for
" admitting Mr Ashfield into the Council wth wch 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 wch 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 wth Minitts of Council of the Province of New

Jersey of wch this is a true Copy

CHA READ D Secry
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 Esqr 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

Novr21, 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
Esqr 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 Esqr for a Quarters

Salary as 2d 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 3d Justice of The Supream Court

ended this day 6,, 5,, —

221 To Joseph Warrell Esqr for a Quar-

ters Salary as Attorney General of

this Province ended This day 7 „ 10 „ —

222 To Andrew Johnston Esqr for a Quar-

ters Salary as one of the Treasurers

of this Province ended this day..... 10 „ — „ —

223 To Samuel Smith Esqr for a Quarters

Salary as one of the Treasurers of

this Province ended this day 10 „ — „ —

224 To Charles Read Esqr 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 Esqr for Attending

4 Courts of Oyer and Terminer
Morris Bergen, Somerset and Mon-
mouth in September and Octor 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 Esqr 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 22d 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 17th 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 Honble <! p * TT bl ^ ^

^ David Ogden J
The House Continued till

December 15th 1752
The House Met Present

f James Hude ^|

Andrew Johnston
The Hon- -j Peter KemUfl |- Esq»

^ David Ogden J
The House Continued till

December 16th 1752
The House Met Present

f James Hude ^j

j Andrew Johnston i
The Honw° -i, p . „ ^,, I Esq"

David Ogden
The House Continued till

1752] JOURNAL OF THE PROVINCIAL COUNCIL. 391

December 18th 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
first1 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

Elizth Town Decr 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 Honble ^ 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 Honbie •< 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
Viz4

To His Excellency Jonathan Belcher Eeqr 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 Constitution1 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 22d 1752

The House Met Present
His Excellency the Governour

C James Hude ^
The Honble< Andrew Johnston >Esqra
(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 22nd day of Feb-
ruary next which was done Accordingly.

Compared and Examined February 17th 1753

By CHA READ D Sec17

1753] JOURNAL OF THE PROVINCIAL COUNCIL. 399

A Journal of the Proceedings of General Assembly begun
and holden at Burlington on

Wednesday May 23d 1753.
The House Met

Present

John Rodman ^

The Honble Thomas Leonard VEsq"
Richard Saltar J

A Message from the Assembly by Mr Hancock and Mr
Wood Viz*

Order'd That Mr Hancock and Mr 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 received1 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 23d 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 Honble Samuel Nevill Esqr

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 Mr Serjeant and left the Jury in the Court Room.

The Court Opened
Present

The King ^ The Honble Samuel Nevill Esqr

@ > 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 Compfc of
ad8 > William Morris Junr 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 Clk

Then Mr 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 Esqr 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 Esqr 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 Esqr BEDFORD

to be of the Council of New Jersey.

Superscrib'd

To Our Trusty and well beloved Jonathan Belcher Esqr
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 Mr 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 24th 1753.
The House Met

Present

John Reading * ^
John Rodman

The Honble Thomas Leonard j» Esq18
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.

Mr Wetherill and Mr 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 25th 1753
The House Met

Present

John Reading "")
John Rodman

The Honble Thomas Leonard j> Esqr
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 Mr 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 Mr Ashfield do Acquaint the House of
Assembly therewith

A Message from tke House of Assembly Viz*

Ordered that Mr Emley and Mr 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 28th 1753
The House Met

Present

Andrew Johnston ")

The Honble Thomas Leonard i Esq"
Lewis Ashfield )

A Message from the House of Assembly Viz*
Ordered that Mr Learning and Mr 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 Mr Emley and Mr 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 29th 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 Mr Hancock and Mr 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.

Mr 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 Honble

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 Mr Lawrence and Mr 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 Mr Lawrence Mr Cooke Mr Learning Mr
Mickle and Mr 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 Mr Deacon and Mr 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 Mr Leonard Mr Saltar and Mr 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 Mr Ashfield do Acquaint the House of
Assembly Therewith

Mr 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 31st 1753
The House Met

Present
John Reading
John Rodman

The Honbl°

Andrew Johnston
Thomas Leonard
Richard Saltar
Lewis Ashfield

Esqr

A Message from the House of Assembly Viz*
Ordered That Mr Hancock Mr Fisher Mr Lawrence Mr
Learning Mr Ogden and Mr 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 Mr 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

Mr 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 Mr 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 Mr 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 Mr 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 Mr Saltar do Acquaint the House of Assem-
bly therewith.

The House Continued till

Friday June 1st 1753

The House Met

Present

The Honb1'

John Reading
John Rodman
Andrew Johnston
Thomas Leonard
Richard Saltar
Lewis Ashfield

Esq1

410 NEW JERSEY COLONIAL DOCUMENTS. [1753

Mr 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 Honble

Andrew Johnston
Thomas Leonard
Richard Saltar
Lewis Ashfield

> Esqr

A Message from the House of Assembly Viz*
Ordered that Mr Fisher Mr Wetherill Mr Emley and Mr
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 Mr Newbold and Mr 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 5th 1753.
The House Met

Present

John Reading ^j
John Rodman

The Honble Andrew Johnston ]- Esqrs
Richard Saltar
Lewis Ashfield J

A Message from the House of Assembly Viz*

Order'd That Mr Emley and Mr 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 Esqr 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 14th 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 22d 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 25th of March last O : S r1 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

Mr 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 Mr 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 Mr Rodman
Mr Johnston and Mr 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 Mr 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 Honble Andrew Johnston }> Esqrs
Richard Saltar . j
Lewis Ashfield J

1753]

JOURNAL OF THE PROVINCIAL COUNCIL.

417

Mr 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 Mr Ashfield do Acquaint the House of Assem-
bly therewith

A Message from the House of Assembly T^iz*

Order'd that Mr Deacon Mr Newbold Mr Ogden and Mr
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 6th 1753
The House Met

Present
John Reading
John Rodman
Andrew Johnston
Thomas Leonard
Richard Saltar
Lewis Ashfield

Mr 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 Mr Mott and Mr 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 Mr Ashfield do Acquaint the House of Assem-
bly therewith.

A Message from The House of Assembly Viz*

Ordered that Mr Van Coost1 and Mr 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.

Mr 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 Honble 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 7th 1753
The House Met

Present

John Reading ^|
John Rodman
Andrew Johnston I
TheHonbl« Thomas Leonard fj
Richard Saltar
Lewis Ashfield

Mr 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 Mr Leonard do Acquaint the House of Assem-
bly therewith.

Mr 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 Mr Leonard do Acquaint the House of Assem-
bly therewith

Mr Leonard reported that he had obeyed the Orders of the
House.

The House Continued till

Fry day June 8th 1753
The House Met

Present
John Reading
John Rodman

Andrew Johnston
TheHon*

Thomas

Richard Saltar
Lewis Ashfield

M1 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.

Dr Andrew Johnston Esqr Treasurer of the Eastern Cr
Division of the Province of New Jersey.

Pr 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...ll3M 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

Dr John Allen Esqr late Treasurer of the Western Divi- Cr
sion of the Colony of New Jersey

Pr 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.

Dr Samuel Smith Esqr Treasurer of the Western Divi-
sion of the Province of New Jersey

423
C*

Pr 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 „

Burlington1 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,, 0

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 20000—308 „ 15 ,, — for 2 yrs 617 „ 10 „ —

Ditto on the 40000—617 „ 10 „ — for 6 yrs 3705 „ — „ —

Gloucester ....on the 20000— 214,, 7,, 6 for 2 yrs 428 ,,15,,—

on the 40000—428,, 15 „ — for 6 yrs 2572 „ 10 „ —

Salem on the 20000—360 ,

on the 40000—720 ,

10,, — for 6 yrs

4322 ,,10,, 0

5 „ — for 2 yrs 720 „ — „ —

3001,, 5,,—

.4323,, 0,, 0

a Deficiency as $ Report in 1747 1081,, 6,, 6

Cape May on the 20300— 78 „ — „ — for 2 yrs

on the 40000—156 „ — „ — for 6 yrs

156,, — ,,—

6124 ,,16,, 6

Hunterdon...on the 20000—185 „ — „ — for 2 yrs 370 ,, — „ —

on the 40000—370 ,, — „ — for 6 yrs 2220 „ — „ —

a Deficiency reported in 1747 2,, 7,,—

1092 „ - „ -

2592,, 7,, 0

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 Esqr
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 ,, 0

But it appears from the said Treasurers Accounts
that he has received of Robert Smith Esqr 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 Honble John Reading Esqr 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 8th 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 21Bfc day of Novem-
ber 1752 and to end the 21st 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,

2d 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

3d 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.

4th 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 5th 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 8th 1753.

After which he Prorogued the General Assembly till the
10th 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 Secry

At a Council held at Burlington on Thursday the Seventh

day of June 1753

Present
His Excellency Jonathan Belcher Esqr Governor

The Honble

John Reading
John Rodman
Andrew Johnston
Thomas Leonard
Richard Saltar
Lewis Ashfield

Esqr

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 Nethasackaway1 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 Esqr 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 Mr 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 Sr & 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 7th 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 Esqr Governor

The Honble

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 8th 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 21at of May 1753... 250 „ — „ —

229 To himself or Order for a Quarters

House Kent due the 218t of February

15,,-,,-

230 To himself or Order for a Quarters

House Rent due the 21st of May

1753 ...................................... 15,,-,,-

231 To Samuel Nevill Eeqr or Order for

half a years Salary as Second Judge
of the Supream Court due the 218fc
of May 1753 ........................... 12,,10,,—

232 To Charles Read Esqr or Order for

half a years Salary as third Judge
of the Supream Court due the 21st
May 1753 .............. ', ................ 12,, 10,,—

233 To Joseph Warrell Esqr or Order for

half a years Salary as Attorney
General of this Province due the
21" May 1753 ..................... ..... 15,, — ,,—

234 To Samuel Smith Esqp or Order 'for

half a Years Salary as one of the
Treasurers of this Province due the
21Bt May 1753 .......................... 20,,-— „ —

235 To Andrew Johnston Esqr or Order

for half a Years Salary as one of
the Treasurers of this Province due
The 21st May 1753 ...... * ............ 20,, — ,,—

236 To Charles Read Esqr or Order for

half a Years Salary as Clerk of the
Council of this Province due the
21st May 1753 .......................... 15,, — ,,—

237 To John Smith Esqr or Order for half

a years Salary as Clerk of the Cir-
cuits of this Province due The 21Bt
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 7th day of February 1764.

Present
His Excellency Jonathan Belcher Esqr 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 (21st 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 recd 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 7th 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 ye attorney General by the Secretary and that a
Proclamation do issue which is agreed to and is as follows.

By his Excellency, Jonathan Belcher, Esqr 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 Seer7
God save the King

The Governour also Communicated to the Council a Letter,
he recd from the Honoble James Alexander Esqr dated February
2d 1754 in the Following Words

May it Please Your Excellency

As by my Letter of December 14th 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 13th 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 24th 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 Mr 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 25th 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 10th 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 17th the Goaler Brought him

1754] JOURNAL OF GOVERNOR AND COUNCIL. 437

here, and on the 19th 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 Mr 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 1st in the Evening Mr McKeven Mr Scott
and Mr 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 Mr 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 Mr Gardner,
or any other of Jersey Concerning those Late Proceedings

According to the agreement in the Evening of February
1st Mr Mackwers1 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 Mr
Scott

Your Excellency's Strong Letter to Lieu* Govr 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 38th 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 2d 1754 most Obedient &

most Humble Servant
JAMES ALEXANDER

New York February 2d 1754
To Vincent Matthews and Joseph
Sacket Esqra 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

Mr 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 Mr 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

Sr

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

Messrs McEvers 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"
M°Evers &c, to Send to Matthew's & Sacket, and we hope an
Amicable agreement may be Entred into Concerning these
Affairs

Mr Alexander acquainted his Exell7 and this Board that
on Monday last Mr McEvers and Mr 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 Mr 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 M°Evers
and Scott then also in Presence of the sd Committee delivered
to the sd 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
Esqr 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
sd Proposals and promise to deliver an Answer thereto with
what speed is in their Power.

And the sd 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 Mr 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 10th 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

I8t 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.

2dly 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 it1

February 7th 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 Esqr Governour

The Honble James Alexander
Edward Antill
Andrew Johnston

Peter Keinble
Richard Saltar
David Ogden
Lewis M : Ashfield J

Esqr

His Excellency made a Speech to the Council as follows

Gentlemen of the Council

I have Lately recd the following Letters

One from the Right Honble Lords Commissioners for Trade
& Plantations Dated White Hall September ye 18th 1753

And one from Mr Dinwiddie Lieutenant Governour of
Virginia Dated Williamsburgh Virginia Jan7 29th 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 21st 1754.

And Laid before ym the Letters therein Mentioned Viz* a
Letter from the R* Honble Lords Commissioners for Trade &
Plantations

Whitehall Septem* 18th 1753
Sr

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
8r

Your Loving Friends & humble Servts
Jonathan Belcher, Esqr ) DUNK HALIFAX

Govr of New Jersey / J : GRENVILLE

DUPPLIN

Also a Letter from the Honble Robert Dinwiddie Esqr
Lieutenant Governor of Virginia

gr Williamsburg Virga 29th 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 ExcellyB

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

Sr

As I have the Honour to Command in Chief Mr 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 Monsr 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 Sr 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 Mr 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

Sr Your most Humble and most Obed* Serv*

LEGARDEUR DE'S* PIERRE
From the Fort 1

On the River, 1753. j

Mr Alexander acquainted His Excellency and this Board
that in a few Hours Mr 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 wth 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? 22d 1754
The Council mett. Present as before

His Excellency having Laid before the Council a Letter
from Jo8 Warrell Esqr His Majesty 's Attorney Gen1 of this
Province, of the 14* Instant respecting a Eiott Lately Com-
mitted in the County of Hunterdon together wth Several
Depositions respecting the Same, Ordered that the Secretary
do write to the Attorney Gen1 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 ,

Mr 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 18th 1753,
from the Lords Commissioners for Trade & Plantations, to
your Excellency & acquainting us that the Honble James De
Lancey Esqr Lieutenant Govr of New York had appointed
the Fourteenth day of June next for the Interview wth 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 ye Expence thereof.

Feby 22d 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 Honble Robert
Dinwiddie, Esqr Lieut* Govr of Virginia of the 29th 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

Feby 22d 1753 By Order of the Committee

EDWARD ANTILL

Mr 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 24th Jany 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 Mr 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 Mr 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 Petit1 ought to Proceed wch Advice the
Petitr 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 sd 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 Esqr 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 sd Supream Court wth the Tran-
script of the record in the said Supream Court annexed.

On motion of David Ogden Esqr 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 Excelly Nominated Matthias Hetfield to be a Judge
& Justice of the Quorum in Essex County to woh the Council
Assented.

He also Nominated John Taylor & James Grover to be
Justices in Monmouth County to wcb 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 ye Quarter Ended
ye 21st Inst* £250 „ „

273 To himself or Order for one Quarters

House rent due to him ye 21st In-
stant as Govr of this Province 15 „ „

274 To Samuel Nevill Esqr for a Quarters

Salary as 2d Justice of the Supream
Court of this Province for the Quar-
ter ended ye 21st Inst* 6,, 5,,

275 To Charles Head Esqr for a Quarters

Salary as one of the Justices of the
Supream Court of this Province for
the Quarter ended ye 218t Inst* 6 „ 5 „

N° 276 To Joseph Warrell Esqr Attorney Gen1
of the Province for a Quarters Sal-
ary for -the Quarter Ended ye 21st
Inst* 7 ,,10,,

N° 277 To Andrew Johnston Esqr one of the
Treasurers of this Province for his
Salary for the Quarter Ended ye 21st
Ins* 10,, 0,,

N° 278 To Samuel Smith Esqr one of the"
Treasurers of this Province for his
Salary for a Quarter Ended ye 21st
Inst*... 10,, „

1754] JOURNAL OF GOVERNOR AND COUNCIL. 451

N° 279 To Charles Read Esqr Clerk of the
Council for his Salary for the Quar-
ter Ended ye 218t 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 Esqr for 19 days
attendance in Council at the Session
of Gen1 Assembly 5 „ 14 „

N° 282 To Edward Antill Esqr for 21 days
attendance in Council at the Sessions
at Amboy in 1749 6,, 6,,

N* 283 To Anthony Elton Door Keeper of ye
Council for a Quarters Salary due
the 21st 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 wch
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 23d day of March 1754

Present
His Excellency Jonathan Belcher Esqr Governor

The Honble James Alexander ^
Andrew Johnston
Richard Saltar j Esqrs
David Ogden
Lewis M : Ashfield J

His Excellency Laid before the Board a Letter he had recd
from the Honble Robert Dinwiddie Lieutenant Governor of
Virginia dated ye 23d Ultimo Enclosing a Proclamation His
Honour had Issued wth 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 wch Letter is as follows

Williamsburg February 23d 1764
Sr

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
Yr Excelled8 most
Obedfc Hble Serv*

ROBERT DINWIDDIE
Govr Belcher

This inclosed Proclamation will be General to all the Forces

Also a Letter from the Govr of Virginia dated the 1st 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.
wch Letter is as follows

Wmsburg Virga Mar : 1st 1754
Sr

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 20th
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 Excellency8

most Obed* hble Serv*

ROBERT DINWIDDIE.
Govr 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 wth all
Conveniant Speed.

He also laid Before the Board a Letter from the Honble
James De Lancey Esqr Lieutenant Governour of New York
Dated ye 15th of this Instant March Enclosing a Report of
the Council of New York Dated 1st Ins* & approved ye 4th

454 NEW JERSEY COLONIAL DOCUMENTS. [1754

respecting the Line of Division1 between this Province & yc
Province of New York woh being read this Board advise His
Excellency to Order a Copy thereof to be servd on the Presid6
of the Council of Proprietors of East Jersey in Order to
their making an Answer to the Same

Compared wth the Journals of the Council 'of New Jersey
of wch this is a true Copy

CHA READ D Seer*

April ye 4th 1754

At a Council held at Perth Amboy on the 23d day of
April 1754

Present

Edward Antill ^j
James Hude

The Honble 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 22d
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 25th day of
April 1754

Present His Excellency the Govern'

Edward Antill
James Hude
The Honble Peter Kemble j> Esqr"
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 28th 1753

And another from the Right Honourable the Lords Com-
missioners for Trade and Plantations Dated Whitehall Sep-
tember 18th 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 Mr 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 Mr Shirley Governour of His Majesty's Prov-
ince of the Massachusetts Bay in New England And another
from the Honourable Mr 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 25th 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 Honblt Peter Kemble }• Esq"
Thomas Leonard |
David Ogden J

His Excellency informed the Board that Charles Read
Esqr 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 Esqr 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 Esqr for 32 days
attendance in Council at a Session
at Burlington in 1753 £9,,12,, 0

N° 285 To Lewis Ashfield Esqr for 32 days
attendance in Council at a Session
at Burlington in 1753 9 ,,12,, 0

N° 286 To Abraham Clark Junr 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 Esqr in Lieu of

ofN°76 N° 76 which was granted 28th of

March 1749 and lost or mislaid by

24,, 12,,

Compared wth the Minitts of the Council of New Jersey
of wch this is a true Copy

CHA READ D Seer7

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 5th 1754.

The house Met Present

f James Hude "1

I Andrew Johnston

The Honble 1 p t x bl ^ ^f

I i

(^ Lewis Ashfield J

The House Continued till

Thursday June 6th 1754
The House Met Present

f James Hude ^

mi. TT MA ! Andrew Johnston J -r* ~.
Ine HonDle < , > Jiisq™

Peter Kemble

^ Lewis Ashfield

A Message from the House of Assembly in the following
words

Ordered that Mr Lawrence Mr Cook Mr Learning Mr Mickle
& Mr 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

Mr Deacon & Mr 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 Mr Hude Mr Kemble & Mr Ashfield or any
two of them Be a Committee to Join the Committee of the
house of Assembly in Order to Inspect the Treasurers Accots
& 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 Mr Johnston
do acquaint the house of Assembly therewith

The House continued till

Friday June 7th 1754
The House met Present as above with Mr Ogden &,

Continued till

Saturday June 8th

The House met Present as Before & Continued till

Monday ye 10th 1754
The House met Present

f James Hude ^|
The Honble< Andrew Johnston >Esqrs
I Lewis Ashfield J

The House Continued till

Tuesday June 11th 1754
The House met Present as Before & Continued till

Wednesday June 12th 1754
The House met Present as Before & Continued till

1754] JOURNAL OF THE PROVINCIAL COUNCIL. 461

Thursday June 13th 1754
The House met at Ten O'Clock in the Forenoon

Present

C James Alexander ^
: Andrew Johnston •
The H°"b" \ James Hude \ Esl"

[_ Lewis Ashfield j

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

Ordered that Mr Fisher & Mr Yanvorst do Carry the Bill
entitled an Act for naturalizing Johannes Doremus Hendrick
Beuf Hendrick Beuf Junr & 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 honble James Hude }• Esq"

David Ogden
Lewis Ashfield

The Bill Entituled an Act for Naturalizing Johannes
Doremus Hendrick Beuf Hendrick Beuf Junr 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 14th 1754.
The House met Present

James Alexander ^j
Andrew Johnston j

The Honble James Hude }. Esq"

David Ogden
Lewis Ashficld J

Mr Ashfield from the Committee to whom the Bill for
Naturalizing Johannes Doremus, Hendrick Beuf, Hendrick
Beuf Junr & 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 Mr 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 Esqr 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

Mr Ashfield acquainted the House that he had obeyed the
Order of the House

Saturday June 15th 1754.
The House Met Present

James Alexander ~\

The Honble Andrew Johnston VEsq™
David Ogden J

A Message from the House of Assembly in the following
words

Ordered That Mr Low & Mr 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 sd Borough to the Council, for their Concurrence
Which Bill with the sd Message Being delivered to this
House, it was read a first time & Ordered a Second reading

The House Continued till Tuesday June 18th 1754.

30

466 NEW JERSEY COLONIAL DOCUMENTS. [1754

The House met accordingly.

Present

James Alexander ^j
Andrew Johnston I

The Honble James Hude j> Esqrs

Thomas Leonard
Lewis Ashfield J

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

Ordered

That Mr Fisher, Mr Wetherill Mr Emley & Mr 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
Accots have Power in Conjunction with the Committee of the
Council to Reexamine all former Reports of the Committees
of Accots relative to all or any Deficiencies which may be
Supposed to Be now outstanding and that Mr Low & Mr
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°rk: 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 19th 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 21st May 1754
And to End the 21st 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 0'Clock P. M.

The House met

Present as Before

Mr Leonard acquainted the House that he had received
from Mr Mott and Mr 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

Mr 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 sd
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 Mr 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 20th 1754. '
The House met

Present

James Alexander
James Hude

The Honble

Andrew Johnston
Thomas Leonard
Lewis Ashfield
David Ogden

> Esqr

Mr Johnston Acquainted the House that he had Obeyed
the Order of the House of Yesterday

Mr 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 sd Borough & to make Rules &
Ordinances for the Government of the Same and to repair

1754]

JOURNAL OF THE PROVINCIAL COUNCIL.

469

the Goals of sd 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 Mr Ashfield do acquaint the House of Assembly
therewith

The House Continued till

Friday June 21st 1754

The House met
Present as Yesterday

Mr Ashfield Acquainted the House that he had Obeyed the
Order of the House of Yesterday

Mr Ashfield from the Committee appointed to Examine
the Treasurers Acco*8 & Burn the Cancelled money Reported
the Same as Follows

Dr Andrew Johnston Esqr 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 „ 0 „ 0

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,, 0 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 ,, 0

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,, 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

0

,,10,,

3159 ,,15,, 0

1754]

JOURNAL OF THE PROVINCIAL COUNCIL.

471

That the Honourable Andrew
Johnston Esqr 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 sd Comittees Amounting

to 3159,,15,, 0

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 „ 0

5577,, 1,,11

Examined & Burn'd By the
said Committees Twenty one
Bundles Laid Before them
By Andrew Johnston Esqr
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 „ 0

On the 40,000 £680 „ 10 for

5 years 3402 „ 10 „ 0

3767,, 3,, 6

472 NEW JERSEY COLONIAL DOCUMENTS. [1754

Examined & Burned By said
Committees Six Bundles
Laid Before them by Andrew
Johnston Esqr Containing... 3658 „ 0,, 0

So that Essex is Deficient 109 „ 3 „ 6

In the County of Somerset

On the £20,000 97 „ 10 „ 0

On the 40,000 £195, for 5

years 975,, 0,, 0

1072 ,,10,, 0

Examined & Burn'd by the
said Committees Ten Bundles
Laid before them By Andrew
Johnston Esqr Containing... 1072 „ 10 „ 0

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 „ 0

On the £40,000 £409 „ 10, for

5 years 2047 „ 10 „ 0

2252,, 5,, 0

Examined & Burned By the
said Committees five Bundles
Laid Before them by Andrew
Johnston Esqr Containing... 2252 „ 5,, 0

So that Bergen hath sunk it's

Quota And are Deficient. ... 0 „ 0 ,, 0

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 218t 1754. AARON LEAMING

Mr 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 sd Bill be read the Third
time, it Passed in the Negative

A Message from the House of Assembly in the following
Words

Ordered that Mr Wetherill & Mr 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

Mr Wetherill & Mr 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 Honble Andrew Johnston }• Esqri
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 ye 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 12th Instant And Your Address
recd the 14th 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 21st 1754.

At a Council held at the City of Perth Amboy on Friday
the 21st of June 1754

Present
His Excellency the Governor

James Alexander ^
James Hude

The honble Andrew Johnston ^ Esqrs
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 ye 21st of May last 250 „ 0 „ 0

288 To Himself or Order for a Quarters

House rent due ye 21st of May last 15 „ 0 „ 0

289 To Samuel Nevill Esqr for a Quarters

Salary as Second Justice of the
Supreme Court of this Province for
the Quarter ended the 21st day of
May Last 6,, 5,, 0

290 To Charles Read Esqr for his Salary

as one of the Justices of the Su-
preme Court of this Province due
the 28th day of April last 4 „ 13 „ 0

291 To Samuel Nevill Esqr 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 4th Tuesday in
May Salem on the 1st Tuesday in
June & Gloucester on the Second
Tuesday tn June 1754 40,, 0,, 0

N° 292 To Andrew Johnston Esqr for 45 Days
Attendance in Council at the Last
Sessions of General Assembly held
at Burlington Elizabeth Town and

Perth Amboy 13 „ 10 „ 0

293 To Thomas Leonard Esqr for 45 Days
Attendance in Council at the Last
Sessions of General Assembly held
at Burlington Elizabeth Town &
PerthAmboy 13 „ 10 „ 0

1754] JOURNAL OF GOVERNOR AND COUNCIL. 479

294 To James Hude Esqr for 34 Days At-

tendance in Council at the Last
Sessions of General Assembly held
at Elizabeth Town & at Amboy 10 „ 4 „ 0

295 To David Ogden Esqr for 32 days

attendance in Council at the Last
Sessions of General Assembly held
at Elizabeth Town & at Amboy 9 „ 12 „ 0

296 To Lewis Morris Ashfield Esqr for 25

days Attendance in Council at the
Last Sessions of General Assembly
held at Elizabeth Town & at Am-
boy "7,,10,, 0

297 To Joseph Warrell Esqr as Attorney

General of this Province for a Quar-
ters Salary for the Quarter Ended
the 21st of May Last 7 „ 10 „ 0

298 To Andrew Johnston Esqr for a Quar-

ters Salary as one of the Treasurers
of this Province for the Quarter

ended the 21st of May Last 10 „ 0 „ 0

N° 299 To Samuel Smith Esqr for a Quarters
Salary as one of the Treasurers of
this Province for the Quarter ended
the 21st day of May Last 10,, 0,, 0

300 To Charles Read Esqr for a Quarters

Salary as Clerk of the Council for
the Quarter ended the 21st day of
May Last 7 „ 10 „ 0

301 To Abraham Clark Junr 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,, 0

480 NEW JEKSEY COLONIAL DOCUMENTS. [1754

302 To John Smith or Order for a Quar-

ters Salary as Clerk of the Circuits

due ye 21st day of May last 5,, 0 „ 0

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 ye Assem-
bly at Several former Sittings at
Burlington £7 „ 0 „ 0 also for
Thomas Rogers for firewood hereto- -
fore delivered for the Assembly 18/ 7 „ 18 „ 0

The above is a True Copy of the Minitts of Council for
the Province of New Jersey Compared & Examined by me

CHA READ D Secry

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 Honble James Hude ~\

Andrew Johnston > Esqrs
Peter Kemble J

The House Continued till

Wednesday Octob1 2d 1754
The House Met Present the Same
The House Contind Till

Thursday Octobr 3d 1754
The House Met Present the Same

1754] JOURNAL OF THE PROVINCIAL COUNCIL. 481

His Excellency the Governor came into Council & having
by the Depy Secretary informed the House of Representatives
That he was Ready to receive the Presentation of their
Speaker they attended & Presented Robert Lawrence Esqr
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 sd 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 Amboy—John
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 Octobr 3d 1754

His Excellency withdrew and the House Continued till

Friday Octobr 4th
The House Mett

Present
James Hude ")

Andrew Johnston !

The Hon ™ . T^ 1 1 f Esqw

Peter Kemble

Thomas Leonard J
The House Contd till

Saturday Octob' 5th 1754
The House met Present as Before
The House Contd till

Monday Octobr 7th
The House mett Present

The Honble James Alexander
James Hude
Andrew Johnston [» Esqr
Peter Kemble
Thomas Leonard

The House Contd till

484 NEW JERSEY COLONIAL DOCUMENTS. [1754

Tuesday October 8th
The House met Present the Same
The House Contd till

Wednesday Octobr 9th
The House met Present the Same
The House Contd till

Thursday Octobr 10th
The House met Present the Same
The House Contd till

Friday Octob1 11th
The House met Present as above
The House Contd till

Saturday Octob1 12th
The House met Present

The Honble James Alexander ^|
James Hude

Andrew Johnston )> Esqrs
Peter Kemble
Thomas Leonard J

The House Contd till

Monday Octob1 14th
The House mett Present as above
The House Contind till

1754] JOURNAL OF THE PROVINCIAL COUNCIL. 485

Tuesday October 15th
The House mett Present

The^Honble;james Alexander ^|
James Hude

Peter Kemble }> Esq"
Thomas Leonard |
David Ogden

Mr Vreelandt <fc Mr 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 Octobr 16th

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 Contd till

Thursday Octobr 17th 1754
The House met Present

The Honble James Alexander ^
James Hude
Andrew Johnston I
Peter Kemble
Thomas Leonard
David Ogden J

486 NEW JERSEY COLONIAL DOCUMENTS. [1754

Mr 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 Mr Kemble do acquaint the House of Assem-
bly therewith

Mr Read & Mr 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

Mr 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 Mr Read Mr Miller Mr
Fisher & Mr 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 sd 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 Mr Leonard and Mr Ogden do Carry back
the said Draught of a Bill & Petition with the above Senti-
ments of this House concerning the Same.

The House Contd till

Friday Octob' 18th 1754
The House met

Present

The Honble James Alexander
James Hude
Andrew Johnston

Peter Kemble
Thomas Leonard
Richard Saltar
David Ogden

Esqr

488 NEW JERSEY COLONIAL DOCUMENTS. [1754

Mr 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 sd 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 Mr 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 9th 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 10th of July1 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 Mr 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 Mr Hancock & Mr
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 Mr Learning & Mr 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 Mr Saltar

The House Contd till

490 NEW JERSEY COLONIAL DOCUMENTS. [1754

Monday Octobr 21st 1754
The House met

Present
The Honb1' James Alexander -)

Andrew Johnston > Esqres
Kichard Saltar j

Ordered that Mr Saltar wait on His Excellency to know
When he will be Pleased to receive the Address of this
House

Mr Saltar Reported that His Excellency was Pleased to
Say he wou'd Send Notice to the House

A Message from His Excellency by the Depy Secretary.

Mr 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 Esqr 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 Esqr 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 ye 22d of November next

The Honourable Andrew Johnston Esqr 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 3d day of October 1754 and that he had Designedly
Omitted and refused to appear with his Company in Arms
at the General Muster aforesd

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 Seciy

At a Council held at Elizabeth Town on Friday the 22d
of November 1754 Present his Excellency Jonathan Belcher

Esqr Govr

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 Honble The Lords of Trade and Plantations a Letter
Dated the 5th 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 8th
" of August2 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
" 28th 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

Novr 22d 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 22d of August Last

^th? Ibid. 192.

1754] JOURNAL OF GOVERNOR AND "COUNCIL. 495

Saturday 23d Day of Novr 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 Honble 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 agst 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 Honr 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 Mr 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 Honble 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 wd 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
29th & Novr 8th 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 24th
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 Novr i Committee

23d 1754 ) DAVID OGDEN

Chairman

Which being read was approved of by his Excellency &

this Board

The Honbu James Alexander Esqr Withdrew

Then David Ogden Esqr 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 22d 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 3d 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 29th 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 8th 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 28th 1753 Appear-
ing by Article 38 of the Memorial were Answered by the
Memorial, The Pretences of Febrr 4th last by N' 12 were
Answered by N° 13, The Pretences, by the Report, of the
Council of New York, of March 4th Last, and of the Lieu-
tenant Governour of New York, of March 15th 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 29th 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 29th 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 Mr 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 Mr 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, wth
Tho8 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 Mr 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 Tho8 Dekeys Proposal of Agreement,
Mr 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 Honble Andw Johnston Esqr Presi-
dent of the Council of Proprietors of East New Jersey)
that thereupon Colonell Dekey, requested Mr 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, Mr 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,
•Col1 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 Mr Alexanders Journal Entries, but that on
the Contrary Mr 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 Col1 Dekey's own
affadavit of Septemr 16th (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 Mr 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 Octobr 24th (a Copy whereof we have also before us) was
made in Consequence of the Conferrences, that had Passed
'between him & Mr 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 Distce 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 Mr 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 Gent3 of the General Assembly of New York, have
had Copies of the Proprietors Memorial, of the 20th of Novr
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 Mr
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 & Mr Alexander
And lastly because it appears by another Affidavit of the
said Tho8 Dekey of the 29th 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 sd 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) Mr
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 Mr Alexander to Comply with any Amicable
Agreement Unless <fecc & thus also The Terms wch Mr Alex-
ander in Compliance with Dekeys request had acquainted
him Richard Gardiner Could agree to give are represented
as Terms insisted on by Mr Alexander

We also find by the Journal Entry of the Substance of the
first Conferrence Between Mr Alexander & Col1 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 Mr 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 12th of Sep-
tember last, that Colonell Dekey alone returned to Mr Alex-
ander in the Morning & Informed him That they would not
agree, to Join in a Commission, & that Mr Dekey talked that
there would be Bloodshed and Murders till which he saw no
Prospect of Setling & that he parted from Mr 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
Elizth Town Novr 23d 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 ye Peace for the County of
Essex & Lawrence Lowrance Vanburskerk1 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 1st of November Inst*.. 250,, 0,, 0

N° 323 To himself or order for a Quarters

house rent due 2 1st Novr Inst* 15,, 0,, 0

N° 324 To Samuel Nevill Esqr for a Quarters
Salary as Second Justice of the Su-
preme Court of this Province for
the Quarter ended 21st Novr Ins*... 6,, 5,, 0

N° 325 To Samuel Nevill Esqr for his Attend-
ance on the Circuit Courts on two
Courts of Oyer & Terminer Viz*
at Sussex & Summerset in the
Months of Augst & Novr last 20 „ 0 „ 0

N° 326 To Joseph Warrell Esqr 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 218t of Aug8fc last 7 „ 10 „ 0

;N° 327 To Andw Johnston Esqr for a Quar-
ters Salary, as one of the Treasu-
rers of This Province for the Quar-
ter ended 2 18t Novr Instant 10,, 0,, 0

:N° 328 To Samuel Smith Esqr for a Quarters
Salary as one of The Treasurers of
this Province for the Quarter ended
the 218t of Novr Ins* 10,, 0 ,, 0

IN0 329 To Richard Salter Esqr for a Quarters
Salary as one of the Justices of the
Supreme Court of this Province due
the 21st of Novr Ins* 6,, 5,,»0

:N° 330 To Charles Read Esqr for a Quarters
Salary as Clerk of the Council of
this Province due the 21st of Novr
Ins1 7,,10,, 0

N0 331 To John Smith for a Quarters Salary
as Clerk of the Circuits Due the
218t of Novr In^ 5,, 0,, 0

U° 332 To Anthony Elton for a Quarters Sal-
ary as Door Keeper to The Council
Due the 2 1st of Novr Instant 2 „ 10 „ 0

N° 333 To Courtland Skinner Esqr for a
Quarters Salary as Attry General of
this Province for the Quarter ended
the 21st of Novr Ins* 7 „ 10 „ 0

-N0 334 To Abraham Clerk Junr 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 „ 0 „ 0

.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 Esqr Governour &cc

Present
The Honble 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 26th1 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 6th 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

Janry 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 25th day of February 1755

Present
His Excellency the Governour

The Honble 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 Esqr
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 Mr John Stevens and Mr 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 Honble James Alexander
Andrew Johnston
Peter Kemble > Esqrs
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 25th 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
25th 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 3d
1755

Present
His Excellency the Governour

The Honble 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

1st 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 Hart1 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

3d of March 1755

N° 335 To himself for a Quarters Salary as £ S D
Governour of This Province due

the 21st day of February 1755 250,, 0,, 0

N° 336 To Himself for a Quarters House

rent due 21" Febry 1755 15,, 0,, 0

N° 337 To Samuel Nevil Esqr for a Quarters
Salary as Second Justice of this
Province due 21st of February

1755 6,, 5,, 0

N° 338 To Richard Saltar Esq' for a Quarters
Salary as one of the Justices of the
Supream Court of this Province
due 21st of Febry 1755 6,, 5,, 0

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 Esqr for a
Quarters Salary as Attorney Gen-
eral of this Province due 218t of
February 1755 7 „ 10 „ 0

N0 340 To Samuel Smith Esqr for a Quarters
Salary as one of the Treasurers of
this Province due 21st of February
1755 10,, 0,, 0

;N° 341 To Andrew Johnston Esqr for a
Quarters Salary as one of the
Treasurers of this Province due
21st of Febry 1755 10,, 0,, 0

JS0 342 To Charles Read Esqr for a Quarters
Salary as Clerk of the Council of
this Province due 218t of February
1755 7 ,,10',, 0

N° 343 To John Smith for a Quarters Salary
as Clerk of the Circuits due 21st of
Febry 1755. 5,, 0,, 0

N° 344 To Anthony Elton for a Quarters
Salary as Doorkeepr to the Council
due 21 Feb17 1755 2 „ 10 „ 0

N° 345 To Samuel Nevil Esqr for Holding a
Court in November last at Mon-
moth of Oyer & Terminer & Nisi
Prius 10,, 0,, 0

N° 346 To David Ogden Esqr or order for
31 days attendance in Council at
a Session of General Assembly at
Amboy in October last and this
Sessions 9 „ 6 „ 0

N° 347 To Andrew Johnston Esqr for 35

Days as above 10 „ 10 „ 0

N° 348 To Peter Kemble Esqr for 33 Days

as above 9 „ 18 „ 0

N° 349 To Richard Saltar Esqr 21 Days as

above 6,, 6,, 0

1755] JOURNAL OF GOVERNOR AND COUNCIL. 511

:N° 350 To Thomas Leonard Eeqr 24 Days as

above 7,, 4,, 0

;N° 351 To Nathaniel Davis Door Keeper of
the Assembly for 11 Days attend-
ance at this Session at Elizabeth
Town 1 „ 18 „ 0

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 14th 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
4th 1755

Present
His Excellency Jonathan Belcher Esqr

The Honble Andrew Johnston ~"|
Peter Kemble
Thomas Leonard [ Eeq"
Richard Saltar
David Ogden

512 NEW JERSEY COLONIAL DOCUMENTS. [1755-

Thomas Leonard Esqr Chairman of the Committee to
whom the reference was made on the Twenty fifth of Febry
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 Honble James Delancy Esqr 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 Mr Alexander for his Dissent to their said
Report of March 4th as well as of Sundry other Papers
therein Mentioned which they had duely Weighed and Con-
sidered a Copy of which Reasons for Mr Alexanders Dissent
we find that his Honour by his Letter of March 15th 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 6th 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 28th last with a
Minute of the Council of New York thereon of November

1755] JOURNAL OF GOVERNOR AND COUNCIL. 513

the 30th 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 4th 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 Esqr 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

CHAS READ Secretry 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 8th 1755 Compared by

ROBERT OGDEN D Secrey

The Proceedings of Council at a Sessions of the General
Assembly begun at Elizth Town

Monday the 24th day of February 1755
The House Met

Present
The Honourable James Alexander ^

Andrew Johnston >Esqra
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 26th 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-
aours 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 26th

Present
The Honble James Alexander

Andrew Johnston J* Esqr
Peter Kemble

A Message from the Assembly in the following Words

Assembly Chamber Febry 26 1755
Ordered

That Mr Hancock and Mr 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 JuNr 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 27th

Present

The Honble 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 28th

1755] JOURNAL OF THE PROVINCIAL COUNCIL. 519

Present

The Honble 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 Mr Read and Mr 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 JuNr 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 28th 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 1st of March

520 NEW JERSEY COLONIAL DOCUMENTS. [1755

Present

The Honble James Alexander ^|
Andrew Johnston |
Peter Kemble }• Esq"
Richard Saltar
David Ogden J

Mr 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 Mr Alexander and Mr Ogden Dis-
sented.

Mr Alexander Delivered the reasons of his Dissent as fol-
lows 1st 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.

2dly 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.

3dly 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 presidents1 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 1st 1755

Ordered that the Speaker do Sign the said Bill

Ordered that Mr Kemble do acquaint the Assembly that
this house have past the said Bill without Amendment

Mr 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 Mr Kemble do Carry the said Bill and
Amendments to the House of Assembly and and desire the
Concurrence of that house to said Amendments

Mr Kemble reported that he had obeyed the orders of the
house of this day

The house Continued till 2 P. M

Present

The Honble James Alexander ^
Andrew Johnston
Peter Kemble }• Esqrs

Richard Saltar
David Ogden J

A Message from the House of Assembly in the following
Words

Assembly Chamber March 1st 1755

Ordered That Mr Dehart and Mr 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 JUNT 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 3d 1755

Present

' The Honble 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 16th Day of April Next

Compared with the Journals of the Council of Which
this a True Copy

ROBERT OGDEN D Secrey

March 8th 1755

A Journal of the Proceedings of Council at a Session of
the General Assembly Begun at Elizabeth Town on Friday
the 1st day of August 1755.

The House Met

Present
His Excellency Jonathan Belcher Esqr Governor

The Honb1' 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 Speech1 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 Mr 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 Stargee1 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 Mr Din-
widdie Governor of Virginia, relating to the Arms1 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 1st 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 2d
The House met according to Adjournment

Present

The Honb10 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 Honble James Alexander ")
James Hude

Andrew Johnston I _ ^
Peter Kemble
Richard Saltar
David Ogden j

The House Continued till

Tuesday August 5th
The House Met. Present

The Honb1' 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 6th
The House met. Present

The Honble James Alexander "|
James Hude
Andrew Johnston I
Peter Kemble
Richard Saltar
David Ogden

The House Contind till

Thursday August 7th
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 8th 1755
The House Met According to Adjournment

Present

The Honble 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 9th
The House Met according to Adjournment

Present

The Honble James Alexander ")
James Hude

Andrew Johnston ! ™ „
Peter Kemble
Richard Saltar
David Ogden J

A Message from the House of Assembly Viz*
Ordered That Mr Ladd & Mr 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 Mr Ladd & Mr 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 1st
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 9th 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 11th
The House Met according to Adjournment

Present

The Honble 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 12th
The House Met Present

The Honble 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 Mr Read & Mr 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 Mr Fisher & Mr 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 13th
The House Met Present

The Honble 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 14th
The House Met Present

The Honb1' James Alexander ~)
James Hude

Peter Kemble \ Esq™
Richard Saltar
David Ogden J

A Message from the House of Assembly Viz*

Ordered That Mr Yangeson & Mr 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

Mr 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 House would Be Pleased to
receive the same

Ordered that the said Report Be made immediately Then
Mr 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 Esqr do carry the said Bill &
Amendments to the Assembly and desire their Concurrence
to the said Amendments

Mr Ogden reported that he had Obeyed the Order of the
House

The House continued till

Friday August 15th
The House met Present

The Honble 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 Mr Ladd & Mr 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 Mr Fisher & Mr 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 16th
The House Met Present

The Honble 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.

Mr 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 Mr 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 Mr Kemble do carry the said Bill & Amend-
ments to the Assembly and desire their Concurrence to the
said Amendments

Mr 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 Mr 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 Mr Kemble do Carry the said Bill & Amend-
ment to the Assembly & desire their Concurrence to the said
Amendment

Mr 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 Mr 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 M1 Kemble do Carry the said Bill &
Amendment to the Assembly and desire their Concurrence to
the said Amendment

Mr Kemble reported that he had Obeyed the Several Above
Orders of this House

A Message from the House of Assembly Viz*
Ordered That Mr Fisher & Mr 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 Mr Yard & Mr 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 18th
The House Met Present

The Honble James Alexander ")
James Hude

Andrew Johnston J> Esqr8
Peter Kemble
Richard Saltar

1755] JOURNAL OF THE PROVINCIAL COUNCIL. 539"

A Message from the House of Assembly Viz*

Ordered

That Mr Newbold & Mr 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 Mr Fisher & Mr 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 19th
The House Met Present

The Honble James Alexander "^
James Hude

Andrew Johnston [> Esq™
Peter Kemble
Richard Saltar

510 NEW JERSEY COLONIAL DOCUMENTS. [1755

Mr 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 Mr Kemble do acquaint the House of Assem-
bly therewith

Mr 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

Mr 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 Mr Kemble do acquaint the House of Assem-
bly therewith

Council Chamber August 19th 1755

Ordered that Mr 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* 19th 1755

Ordered That Mr 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

Mr Saltar Reported that he had Obeyed the above Order*
of this House

Mr 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

Mr 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 Mr Kemble do acquaint the House of Assem-
bly therewith

Mr 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 20th
The House Met according to Adjournment

Present

The Honble James Alexander
James Hude
Andrew Johnston

Peter Kemble
Richard Saltar
David Ogden

> Esqr

542 NEW JERSEY COLONIAL DOCUMENTS. [1755

A Message from the House of Assembly By Mr Read &
Mr SteveDS in the following Words

Assembly Chamber August 19th 1755

Mr 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 20th 1755

Ordered that Mr Read & Mr 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 Mr 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

Mr 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 Esqr 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 19th 1755 / ROBERT LAWRENCE Speaker

After which his Excelly 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 21st of May 1755
and to end the 21st 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 24th day of September next then to Meet at Perth Amboy.

Compared wth the Journals of Council of woh this is a true

copy

CHA READ D Sect7

At a Council held at Elizabeth Town the 9th day of August

1755.

Present

His Excellency the Governour

The Honble James Alexander ^

Andrew Johnston > Esqrs
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 Excell7 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 Excell7 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 Seer17

God Save the King

At a Council held at Elizabeth Town the 20th day of
August 1755

Present

His Excel ly the Governour

James Hude "}
Andrew Johnston j

The Honble Peter Kemble '[> Esqrs
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 Febry 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 Excell7 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 Esqr be placed among the Jus-
tices of the Quorum of the County of Essex.

David Ogden Esqr 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 Excelly 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 Esqr
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 Honble Samuel Nevill
Esqr 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; Mr 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 Esqr Att17 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 Aug8t 20th 1755

Which being read was approved by his Excell7 and this
Board

David Ogden Esqr Chairman of the Committee on the
Depositions Communicated to this Board the 9th Instant by
order of the Committee made the following report

May it please your Excellency

In obedience to your Excellys 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 23d & 24th 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 wch 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 Momowneck1 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

1Mamaroneck.

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
23d day of November 1683 Certain Articles of Agreement
were Concluded Between Coll0 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 Aug8t 20th 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 Junr 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 Junr Judge of the
Pleas of the said County to all which the Council Assented

At a Council held at Elizabeth Town on the 21st 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 „ 0 „ 0

1755] JOURNAL OP GOVERNOR AND COUNCIL. 557

365 To Himself for a Quarters house rent

due 21st Ins* 15,, 0 „ 0

366 To Samuel Nevil Esqr for a Quarters

Salary as Second Justice of the
Supream Court of this Province
due 21st Ins* 6,, 5,, 0

367 To Richard Saltar Esqr for a Quarters

Salary as one of the Justices of the
Supream Court of this Province
due 21st Ins4 6,, 5,, 0

368 To Samuel Smith Esqr for a Quarters

Salary as one of the Treasurers of

this Province due 218t Ins* 10,, 0,, a

369 To Andrew Johnston Esqr for a Quar-

ters Salary as one of the Treasurers

of this Province due 21st Ins* 10,, 0,, 0

370 To Courtland Skinner Esqr fora Quar-

ters Salary as Attorney General of

this Province due 21st Ins* 7 „ 10 „ 0

371 To Charles Read Esqr for a Quarters

Salary as Clerk of the Council for

this Province due 21s* Ins* 7 „ 10 „ 0

372 To John Smith for a Quarters Salary

as Clk of the Circuit due 218* Ins*.. 5 „ 0 „ 0

373 To William Bradford for Printing 17

Sheets of the Laws of this Province
and two Proclamations in full to
this day 30,, 9,, 0

374 To Anthony Elton for a Quarters Sal-

ary as Doorkeeper to the Council

the Quarter ended the 21st Ins* 2 „ 10 „ 0

375 To Charles R-ead Esqr for Expresses

sent at Several times for this

Province 9 „ 14 „ 0

376 To Andrew Robinson Serjeant at Arms

to the Assembly for 72 days At-
tendance in full to this day 10 „ 16 „ 0

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,, 0

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 Junr £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 Esqr 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 „ 0 „ 0

382 To Andrew Johnston Esqr for Money

paid the Express to General Brad-
dock at Alexandria 15,, 0,, 0

383 To Richard Partridge or order in full

for his Ace* to the 15th 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,, 0

385 To Peter Kemble Esqr for 33 days

Attendance in Council in April &

last Sess8 9 „ 18 „ 0

386 To Richard Saltar Esqr for 48 days

D° in D° in October April & last

Sessions 14,, 8,, 0

387 To James Hude Esqr for 71 days D°

in D° in October April & last Ses-
sions 21,, 6,, 0

388 To Abraham Clark Junr 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 „ 0

389 To John Bedford Esqr in full for his

Ace* for Building a Beacon &
Watchhouse at Nave Sinks ty Last
Support Bill 14,, 9,, 0

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,, 0

391 To David Ogden Esqr for 41 Days

Attendance in Council in April last

& this Sessions 12,, 6,, 0

Compared wth the Journals of Council of woh this & the
annexed Print makes a true copy

CHA READ D Secry

Proceedings of Council at a Session of the General Assem-
bly Begun & holden at the Borough of Elizth on the 12th
day of Novr 1755

Present

Andrew Johnston "j

The Honble Peter Kemble >Esq"
David Ogden

Continued till Thursday the 13th 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 Speech1
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 13th 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 19th of March on the same Affair.

Whitehall July 26th The Right Honble Sir Thomas
Robinson's Letter of the Expectation that France would
proceed to an open Rupture with Great Britain &c

Camp at Oswego Septr 9th 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 15th Ins* in a Gen-
eral Consultation for His Majestys Service & for the Safety
of the Provinces

Hallifax Octr 1, 1755 Admiral Boscawens Letter to
Lieutenant Governour Phips as to a Prohibition of the Ex-
portation of Provisions &cc

New Castle & Phila Octr 29th & Novr 1st 1755 Govr
Morris's Letter with Particular Accounts of the Barbarous
Murders & Depredations Perpetrated by the French &
Indians on the Poor Distressed People of Pensylvania

Novr 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 15th 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 orders1 ^ 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

Elizth Town Council Chamber J BELCHER

Novr 13, 1755

The House Continued till Friday 14th

Present

Andrew Johnston ^

The Honble Peter Kemble V EsqM
David Ogden J

His Excellency came into Council & having by the Secre7
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 Esqr 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 Novr 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 wth 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 wth the Journals of Council of wch the foregoing
is a true Copy CHA READ D Secry

At a Council held at the Borough of Elizabeth on Tuesday
the Second day of December Anno Domini 1755

Present
His Excellency Jonathan Belcher Esqr Governour

James Alexander ^|

Edward Antill Esqrs

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 Esqr '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 3d day of De-
cember 1755

Present His Excellency the Governour

The Honble

James Alexander
Edward Antill
Peter Kemble
Andrew Johnston
Lewis Morris Ashfield
David Ogden }

Esq™
of his

Majesty s
Council

Mr 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 sd Indians
themselves are of opinion as follows first that Books be Pro-
vided one Whereof to be left with William Crawford Esqr
in the County of Middlesex one other with Jonathan Forman
Esqr in the County of Monmouth one other with Ralph
Smith Esqr in the County of Hunterdon one other with
Colonel Abraham Van Campen one other with Richard Gar-
diner Esqr in the County of Sussex Two in the County of
Morris one in the hands of Robert Gobel Esqr the other in
the hands of Robert Gold Esqr two others in the County of
Bergen one in the hands of Peter Post Esqr the other in the
hands of Jacobus Peak Esqr two in the County of Essex one
to be Left with Samuel Woodruff Esqr the other with Uzel
Ogden Esqr one in the County of Somerset in the hands of
Bryant Lafferty Esqr one in the County of Burlington in the
hands of Joshua Bispham one in the County of Gloster in
the hands of Isaac Jennings Esqr one in the County of Cum-
berland in the hands of Richard Wood Esqr one in the
County of Cape May in the hands of Henry Young Esqr
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

Decr3d 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 Honble Thomas
Pownall Esqr 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 Matter1 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 Mr
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 Esqr

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!

Dec1 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 Esqr 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 Esqr in the County of Middlesex

572 NEW JERSEY COLONIAL DOCUMENTS. [1755

Jonathan Forman Esqr in the County of Monmouth Ralph
Smith Esqr in the County of Hunterdon Colonel Abraham
Abraham Van Campen and Richard Gardiner Esqrs in the
County of Sussex Robert Gobel & Robert Gold Esqrs in the
County of Morris Peter Post & Jacobus Peak Esqrs in the
County of Bergen Samuel Woodruff & Uzel Ogden Esqrs in
the County of Essex Bryant Lafferty Esqr in the County of
Somerset Joshua Bispham Esqr in the County of Burlington
Isaac Jennings Esqr in the County of Gloster Nathaniel
Chamness Esqr in the County of Salem Richard Wood
Esqr in the County of Cumberland & Henry Young
Esqr 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 Secret17

(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 Honble 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 Speech1 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* 16th 1755 J

The Speaker and House of Assembly Returned & his
Excellency Withdrew

The House Continued till Wednesday Decr 17th 1755

Present.

Andrew Johnston
Peter Kemble
The Honbl« Richd Saltar » Esq"

Lewis Morris Ashfield
David Ogden J

The House Continued till Thursday Decr 18th 1755

Present

Andrew Johnston
Peter Kemble
The Honble Richard Saltar j- Esqr

Lewis Morris Ashfield j
David Ogden J

The House Continued till Friday Dec1 19, 1755

Present

Andrew Johnston ^
Peter Kemble

The Honble Richard Saltar j- Esq"

Lewis Morris Ashfield j
David Ogden

The House Continued till Saturday Decr 20th 1755

576 NEW JERSEY COLONIAL DOCUMENTS. [1755*

Present

Andrew Johnston ^j
Peter Kemble

The Honble Richard Saltar }> Esqrs

Lewis Morris Ashfield j
David Ogden J

The House Continued till Monday Dec1 22d 1755

Present

Andrew Johnston ~)
Peter Kemble

The Honble Richard Saltar j> Esq"

Lewis Morris Ashfield |
David Ogden

Mr Nevill Mr Read Mr Fisher & Mr 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 wch 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</ 23d 1755

Present

Andrew Johnston ^
Peter Kemble

The Honble Richard Saltar \ Esq"

Lewis Morris Ashfield j
David Ogden J

Mr 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 Mr Ashfield do acquaint the House of Assem-
bly therewith.

Mr Ashfield Reported that he had obeyed the above orders
Mr Ashfield & Mr 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 Mr Dehart & Mr 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 )

Decr 23d 1755 f ABRA : CLARK JNF Clk J

The House Continued till 3 ° Clock P M December 23d
1755

Present

Andrew Johnston ^
Peter Kemble

The Honble 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 23d 1755

Resolved

That Hendrick Fisher and Jacob Spicer Esqrs 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 Mr Johnston & Mr 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 Esqr 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 Indn 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 22d 1755 I

The House Continued till Wednesday Dec1 24th 1755

1755] JOURNAL OF GOVERNOR AND COUNCIL. 581

Present

Andrew Johnston
Peter Kemble
The Honble Richard Saltar

- Esqr

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
Curr4 Ten Thousand Pounds in Bills of Credit to Enable
the Inhabitants of this Colony to Protect & Defend their
Frontiers from any Invasions wch 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 Decr 24th 1755

Present
His Excellency the Governour

Andrew Johnston "^
Peter Kemble Esqrs

The Honble 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 Esqr The Sum of £ s : d
Thirty two Pounds For 107 Days
attendance in Council the several
Sessions of General Assembly Febry
1751/2 To this time 32,, 0,, 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 Sev11 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

Mr 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 Esqr & on His Refusal Pontius Stella

Mr 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

1st That he take the best care he can to Secure the Several
Inhabitants of this Province In their Persons & Possessions

2d 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 Esqrs 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 Harrassd And put to an
Expence upon Every Little Alarm

3d That the Said Commander in Chief do and Shall from
time to time During the Time the said John Stevens & John
Johnston Esqrs 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

4th 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

5th That he order all Officers Acting under him upon
every Command & Party to make Report to him of their
Respective Proceedings wch 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

6th 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

Elizth Town ^ By order of the Committee

Council Chamber > LEWIS MORRIS ASHFIELD Chairman
Dec* 24th 1755 J

His Excellency Informed the Board that he Proposed to
Commission The Honble Richard Saltar Esqr Cha' Read &
Samuel Smith Esq™ to Treat with the Ind8 at Cross wicks the
8th day of Janry 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 Secre7

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 and mulatto slaves,
etc., 317, 318, 320, 316.— To explain,
etc., an act to vest the Mayor, Re-
corder, Aldermen and Commonalty
of th« City of Burlington with the
ferry, etc., 321, 32*, 334, 335.— Supple-
mentary to the act for explaining
and amending an act of the General
Assembly, 328, 834, 346.— To prevent
the exportation of unmerchantable
flour, etc.. 329, 330, 346.— For natural-
izing William Evelman, 332, 333.—
To prevent the killing of deer out of
season, 332-335, 346 (2d Bill), 404, 407,
416, 418, 427.— For the relief of Joseph
Bonney, 332, 335-338.— To enable the
owners of the meadows and marshes
belonging to the town of Salem, to
keep out the tide, 399, 403-406, 427.—
For choosing Overseers of the High-
ways, 405, 406, 408, 411, 427.— To en-
able the owners of the meadows and
marshes adjoining to, etc , Manning-
ton creek, to stop out the tide, 405,
406, 408, 409, 427.— To prevent actions
of £15 and under being brought into
the Supreme Court, 406, 408, 409, 427.—
To repeal an act for repairing, etc.,
public highways, etc., in the town of
Burlington, 410, 411, 418. 427.— For
levying a fund at different periods by
provincial taxes for sinking the sum
of £16,302.4 outstanding in bills of
credit, etc., 417-419, 4'J6.— For erecting
the upper parts of Morris county into
a separate county of Sussex, etc., 418-
420, 427.— For naturalizing Johannes
Doremus, Hendrick Beuf and Hen-
drick Beuf, Jr., 461, 462, 474.— To
enable the Mayor, Recorder, etc., of
the Borough and Town of Elizabeth
to build a poor-house, etc., 465, 466,
468, 474.— For settling the quotas of
the counties of Morris and Sussex,
in the fund bylaw directed, etc., and
for enabling the said county of Sus-
sex to choose a County Collector, etc.,
467, 468, 473.— For naturalizing Henry
Graaf and others, 485, 486, 492.— To
empower the Justices of the Supreme
Court to appoint' Commissioners in
the several counties for taking bail,
etc., 486, 488.— For making current in
bills of credit, £70,000, 486, 487.— For
making provisions for the subsist-
ence of His Majesty's troops during
their march, etc., 518.'— To prevent
the exportation of provisions, naval
or warlike stores, etc., to Cape Breton,
etc., 519, 521, 522.— To enable the
owners of some meadows and marshes
at Elsinborough, in the county of
Salem, to keep out the tide, etc., 530,
532, 533, 510. — To enable the owners
of two several tracts of tide meadow
and marsh on north side of Cohansy
creek, etc., 530, 532, 533, 540.— To pre-

serve the navigation of the creeks
and rivulets, etc., 533-535, 545.— For
naturalizing John Becclesheimer and
others, 534, 535, 537, 538. 541, 545.—
For naturalizing Michael King, Adam
Agee and others, 534, 535, 537, 538, 541,
545.— For making current, £15,000 in
bills of credit, 538, 539, 641, 544.—
For more effectually to prevent the
French from being supplied with
provisions, etc., 539, 540, 545.— For
making current £10.000, to protect
and defend the frontier from any
invasion, etc., 576, 577, 581.— For
making current £15,000, for the fur-
ther supply and pay of the forces,
etc., under command of Colonel
Peter Schuyler, etc., 578

Bills of Credit: Conterfeiting of, 3.—
Cancelled, 7, 10, 35. 86, 312, 406, 407,
420, 424, 459, 460, 470-472. -An act to
make current £70,000 in, 486, 487.—
To make current £15,000, 538, 539, 541,
644.— To make current £10,000, 576,
577, 681.— Act for sinking £15,302.4,
outstanding in, 417-419, 426.— Act for
making current, £70,000 in, 486. 487 —
Act for making current £15,000 in,
538, 539, 541, 544.— Act for making cur-
rent £10,000 in, 576, 577, 581.— Act for
making current £15,000, 578.

Biram : Ebenezer, 91.

Bird : John, 27, 31.

Bispham : Joshua, 119, 126, 198, 206, 234,
235. 277, 429, 566, 572.

Bonney : Joseph, 283, 294, 332, 335-338, 382,
449.

Borden : Jeremiah, 310.

Borden : Joseph, 89.

Boscawen : Admiral, 560, 561.

Bosset : , 426.

Boundary Line : See New York Boundary
Line.

Bo%vn (Boune) : John, 90, 810.

Braddock : General Edward, defeat of,
526, 543.

Bradford: William, 276.

Bradbury : Richard, 90, 481, 538, 539, 578.

Brearly : David, 12.

Brick : John. 7, 60, 291, 310, 430.

Broadwell : Josiah, 504.

Broughton : John, 90.

Bruff: James, 14.

Bruier: Peter, 120, 125, 148.

Bruin : Obadiah, 177.

Budd : John, 91.

Budd, Jr. : John. 91.

Bunting : John, 89.

Burbridge : John, 21.

Burlington : An act for the better repair-
ing, etc., the highways, roads, streets,
wharves and bridges in the town of,
126, 148, 418.— To explain an act vest-
ing the Mayor, Recorder, etc.. of,,with
the ferry, etc., 321. 328, 334, 335.— Re-
pairing, etc., public highways, etc.,
in, 410. 411, 418; 4-27.

Burnett : William, 329, 340.

Burwell : Theophilus, 96, 108-110, 164, 171,
177, 178, 191-194.

C.

Camp : Joseph, 99, 100, 138, 164, 191, 205, I Chamnls : Nathaniel, 509, 572.

231, 234, 235. Chandler : John. 191.

Camp : Nathaniel, 130. - Chetwood : William, 19, 177.

590

INDEX.

Church, Dutch Reformed : See Dutch Re-
formed.

Church, Presbyterian : See Presbyterian.

Clark, Jr. : Abraham, 519, 522, 578.

Clark : Charles, 91.

Clawson : Thomas, 190.

Cleayton : William, 91.

Clement : Samuel, 481, 535, 556.

Clerk : Thomas, 90.

Clinton : Governor George, 241.

Coles : Samuel, 556.

College in New Jersey : Charter for, 81.

Cook : Francis, 246.

Cook (Cooke, Coake) : William, 7, 137,
211, 234, 235, 250, 291, 312, 361, 362, 406,
459.

Cooper : Daniel, 91.

Cooper : David, 556.

Cooper : James, 556.

Corfe : John, 90, 387.

Cotting : Elias, 549.

.Council : Addresses to, from "the Gover-
nor, 8, 37, 46. 120, 371, 442, 454, 5C6, 565,
568.— Addresses of, to the Governor,
87, 117, 455.— Resolutions of, relative
to the action of the Assembly in re-
gard to rioters, counterfeiters, etc., 65.
— Reply of, to message and resolu-
tions of the House of Assembly, 67 —
Opinion of, concerning an act to par-
don persons guilty of insurrections,
riots, etc., 69, 73.— Advice of, to the
Governor, in relation to Aaron Ball
and Theophilus Burwell, prisoners
for treason, 108-110.— Address and
representation of, to the King, 143.—
Letter of, to the Duke of Bedford,
concerning the rioters, 146. — Requests
the Governor to send Chief Justice
Morris to England to represent to the

Ministry the state of the Province,
161, 162.— The Governor's reply to
said request, 172. — Message of, to the
House, relative to the Quota bill, 184-
189.— Investigates the illegal acts of
certain Justices and Freeholders, 225-
239.— Advice to the Governor relative
to the same, 237. — Messages of, to the
Assembly, in relation to the Quota
bill, 263-271, 273-276.— Rebuked by
Governor Belcher for interfering in
the matter of Lewis Morris Ashfield,
346.— Quarterly meetings of, institu-
ted, 369. — Speech of the Governor to,
in relation to the riots. 381. — Answer
of. in relation to a petition for a free
school for German Lutherans, 389.

Courts : An act to establish in the several
counties, 7, 8, 11,' 41, 59, 60, 68.

Counterfeiting and Counterfeiters, 3, 14,
33. 34, 37, 43, 47, 48, 62, 65, 82-85, 197.

Cox : Thomas, 511.

Cox : William, 511.

Coxe : John, In Council. 68, 73, 74, 78, 80,
81, 85, 86, 114-116, 125-128, 136, 141, 145,
146, 209, 210, 212, 214, 217, 219-221, 225,
236.— Of a committee, 116, 140, 141,
225.— Deposition before, 207.— Messen-
ger, 214, 217, 236.— Suspension of, 365.

Craig : Archibald, 90.

Crane: Caleb, 430.

Crane : John, 10, 20, 28. 58, 59, 63, 99, 100,
119, 138, 220, 234, 235.

Crane : Stephen, 141, 289, 385.

Crawford : William, 89, 566, 571.

Croo : Henry, 295, 297, 300, 803.

Crowell: Edward 89.

Crowell : Seth, 84.

Cundit (Condit) : John, 28, 130, 194, 246.

Curtis : David, 310.

D.

Darling : Thomas, 84.

Davis : Elijah, 172, 191.

Davison : Josiah, 89.

Day : David, 449.

Day : Joseph, 172, 194.

Deacon : John, 291, 295, 312, 314, 321, 331),

355, 362. 404, 406, 410, 411, 417, 418, 460.
Dear : John, 243, 244, 284, 287.
Deare : William, 284-289, 371, 372, 377, 379.
De Cow : Isaac, 89.
Deeker. Petrus, 582.
Deer : The killing of, out of season, 332-

335, 346, 404, 407, 416, 418, 427.
De Hart : John, 481, 489, 522, 578.
Dekey : Thomas, 435, 437, 497, 500-503, 512.
De Lancey : Governor James, 438, 447,453.

456, 507, 512, 530.
Demarest: David, 63, 90.
Demott: Michael, 290.
Denion : Mr. : See Deacon.

Denny : Thomas, 556.

Deuse : Francis, 310.

Devion : Mr. : See Deacon.

Dey (Dye) : Derrick, 234, 235, 250, 291, 337.

Dicker : , 437.

Dinwiddie : Governor Robert, 442.— Let-
ter from, to Governor Belcher, con-
cerning the unwarrantable proceed-
ings of the French, 444, 448 —Procla-
mation of, 452.— Letters from, to Gov-
ernor Belcher, 453, 527 — Supply of
arms from, 544.

Dongan : Thomas, 554.

Doolhagen: Mr., 349.

Doremus : Johannes, 461, 462, 474.

Dunn : Hugh, 289.

Dutch Reformed churches in Middlesex,
Somerset and Hunterdon counties.
386 —Of Raritan, Ten Mile Run and
Millstone, 429.

E.

Eaton: John, 7, 36, 63, 137, 234, 235.

Edwards : Thomas, 279, 280.

Eldridge : James, 232.

Elizabethtown : Petition of the Mayor,
etc., of, to alter the charter, 382.—
Act for building a poor-house, etc.,
in, 465, 466, 468, 474.

Ellis: Joseph, 291, 314, 342, 556.

Ellis: Simon. 556.

Elton : Revel, 89, 222-239.

Emley : John, 63, 137, 139, 141, 205, 217, 218,

234, 235, 247, 291, 314, 334, 335, 342, 404,

405, 410, 411, 418, 466, 467.
English : John, 556.
Essex County: Riots and rioters in, 14,

19, 23, 49, 54, 108-110, 131, 141, 171, 177,

182, 191-195, 246, 549-551.
Evelman : William, 332, 333.
Everson : Nicholas, 89.
Eyres : John, 90.

INDEX.

591

F.

Falrchild : Caleb, 84.

Fee Bill : Disallowance of, 173.

Ferry over the North river asked for, 389.
—Over the Delaware river, 429.— At
the Foul Reef, on the Delaware, 509.

Field : Jeremiah, 89.

Fisher: Hendrick, 6, 7, 11, 20, 26, 61, 100,
114, 125, 149, 163, 200, 202, 204, 234, 235,
247, 281, 283, 291, 29 », 300, 304, 305, 329,
836, 405, 407, 410, 461, 466, 481, 486, 533,
536, 538, 539, 576, 578, 579.

Fisher : Johannes, 295, 297, 300, 303.

Fisher : Michael, 430, 556.

Fitz-Raudolph : See Randolph.

Flour : Unmerchantable, 329, 330, 346.

Force : Mary, 333.

Ford: Jacob, 91.

Forgesin : Benjamin, 436.

Forging and Forgers : See Counterfeiters.

Forman : Jonathan, 310, 572.

Forster : Nathaniel, 430.

Forster : William, 89, 232, 430.

Fox : Thomas, 376.

Frazey : Eliphalet, 20, 23, 27.

French : The. Proclamation for enforcing
the prohibition of commerce with,
80. — Unwarrantable proceedings of,
444. — Letter from the commandant of
the forces of, 445.— On the Ohio, 452,
453. — Governor Belcher in relation
to the invasion of, 456, 457.— En-
croachments of, 481, 490.— Expedition
against, 517.— Defeat of Braddock,
526. — To prevent supplies to, 539, 540,
645, 546.— Message of Governor Bel-
cher relative to operations against,
659. — Action of the Assembly respect-
ing, 563. — Depredations of, 565.

G.

Gambling : See Bills and Acts.
Gardner : Richard, 435, 437-439, 500,

566, 570, 572.
Garrison: John, 91.
Gatch : Thomas, 89.
German Lutherans : Free school, 387,
Gibbon : Nicholas, 85.
Oilman : William, 141.
Gloucester County : County Court of,
Gobel: Robert, 91, 566, 572.
Goeglets : Hendrick, 6, 8, 45, 68.
Gold : Robert, 566, 572.

503,

Gosling: John, 89.

Government : Support of, 26, 29, 61, 66, 67,
168, 165, 168, 170, 176, 184-189, 195, 197-
204, 215, 2%, 298-302, 332, 336, 337, 339-
845, 355-357, 364, 410, 411, 417, 426, 466,
467, 474, 536, 640, 545.

Governors : Meeting of, in New York, to
consult upon a plan of operations for
the King's troops, 568.

Gould : Thomas, 207.

Graaf : Henry, 485, 486, 492.

Grover : James, 450.

H.

Hageman: Adrian, 377.

Hageman, Jr. : Dollins, 12, 23.

Haleubeck (Haeenbuk), Garret, 90.

Halstead : John, 90.

Hampton : Elizabeth, 20, 23, 27, 31.

Hampton : Jonathan, 579.

Hancock : William, 5, 32, 46, 61, 63, 73, 74,

85, 128, 129, 163, 211, 291, 304, 312, 313,

318, 355, 399, 405, 460, 481, 486, 489, 618,

533, 536.

Hand : Jeremiah, 430.
Harrison : Joseph, 556.
Harrison : Samuel, 28, 194.
Harrison, Jr. : Samuel, 556.
Hart : John, 509.
Hartshorn : Robert, 89.
Haskell : John, 207.
Heard : John, 63, 141.
Henry : William, 91.
Herring: Gardner, 437.
Herring : Isaac, 90.
Hetfield (Hatfleld) : Matthias, 9, 14, 15, 90,

450.

Hewlings : Jacob, 89.
Higbee : Joseph, 509.
Higgins: Judiah, 89, 349.
Hinchman : Isaac, 449.
Hinchman : James, 234, 235.
Hite : John, 327.
Hoagland : Jacob, 481.
Hoff: Laurence, 290.
Hollingshead : John, 89.
Holmes : James, 291, 314, 334, 335, 407, 417,

481.
Hondrickson : William, 277, 310.

Hoogland : Hendrick, 243-245.

Hooper : Robert Lettice, 90, 190, 429.

Hopewell, in Hunterdon county, erected
a township, 508.

Hopkins : Ebenezer, 6, 20, 58, 59, 63.

Homer : John, 89.

Hotfield : Cornelius, 583.

Hude : James, In Council, 1, 2, 4, 6-10, 13,
15, 20, 23, 24, 30, 32, 35, 45, 58, 60, 63, 68,
73, 74, 78, 83, 81, 86-88, 94, 95, 126, 130,
136 137, 139, 145, 146, 148, 156, 158-161,
247, 248, 250, 254, 258, 263, 271, 281, 290-
296, 300, SOS, 310, 312, 313, 320. 321, 328-
331, 333, 347, 348, 352-354, 356, 357, 365,
370, 378, 381, 386, 388, 390, 391, 393, 394,
396, 454, 455, 458-462, 466-468, 473, 477,
480, 483-487, 493, 525, 528-530, 532, 536,
538, 540, 541, 548, 556.— Of a committee,
5, 10, 26. 32, 34-37, 66, 140, 161. 298, 304-
306, 309, 337, 338, 382, 460, 473 —Judge
of the Common Pleas, 89. — Messen-

ger, 298, 299, 321.
elings:

Huelings: Ab ram, 429.

Hughes : Elijah, 430.

Hunlock : Bowman, 329, 330.

Hunlock : Thomas, 329.

Hunt : Mansfield, 171, 172, 177.

Hunterdon County : Riots and rioters in,
49, 122, 141, 208, 433, 434, 507. 508, 513,
514, 546. Reformed Dutch church in,
386— Free school for the High Dutch
in, 387, 389. — Presbyterian congrega-
tion of, incorporated, 511.

Hutchinson : William, 89.

592

INDEX.

Imlay : John, 509.

Iralay : Peter, 89.

Indians: The Six Nations of, 241, 242. 261,
443, 456, 482.— Petition from, at Bethel
and Cranberry, 565-567. — Proclama-

tion in regard to, 571. — Depredations
of, 580.— Commission to treat with,
585.
Insolvent act petitioned for, 294.

Jackson : James, 279.

Jackson : Joseph. 279, 280.

Jackson : Mary, 280.

Jennings : Isaac, 556, 566, 572.

Johnston : Andrew, In Council, 1, 2, 4, 6-

10, 13, 15, 20, 23, 24, 30, 32, 35, 45, 47, 58,
60, 63, 68, 73, 74, 84, 87, 88, 95, 98, 100,
107, 119, 125-128, 130, 136, 137, 139, 145,
146, 148, 156, 158-161, 163, 164, 166, 167,
169, 172, 175, 177, 184, 198, 203, 205, 247,
248, 250, 254, 258, 263, 271, 277, 281, 290-
296, 300, 308. 315, 316, 318-321, 328-338,
348, 349, 352-357, 365. 881, 386, 388, 390,
391, 394, 396, 405-411, 417, 419, 429, 431,
432, 442, 452, 459-463, 465-469, 473, 477,
480, 483-487, 490, 493, 506-508, 511, 515,
518-520, 522, 523, 525, 528-530, 532, 533,
538, 539, 541, 545, 548, 556, 559, 562, 564,
566, 573, 575-578, 581, 582.— Treasurer, 7,

11, 35. 36, 420, 469-472.— Messenger, 13,

15, 31, 32, 41, 45, 58, 60, 66, 122, 804-306,
808, €58, 360, 460, 468.— Presents memo-
rial of Proprietors of Eastern Divi-
sion of New Jersey, 15.— Of a commit-
tee, 44, 140, 161, 309, 330, 331, 342, 357,
382, 416, 417, 419, 467.— Lays depositions
before the Council, 191, 194.— Refer-
red to, 284, 287.— Letter from Gover-
nor Belcher on the matter of Simon
Wikoff, 372.— As Colonel of a regi-
ment of foot militia, 492.

Johnson : Eliphalet, 89, 172, 177, 191.

Johnson : Samuel, 91.

Johnston : Ezekiel, 194.

Johnston : John, 90, 172, 291, 317, 344, 362,
481, 579, 584.

Johnston : Nathaniel, 289.

Johnston : Robert, 509.

Johnston : Major-General William, 561.

Jonlay : See Imlay.

K.

Kearney : Philip, 28, 63, 84, 243, 245.

Kemble : Peter, In Council, 1, 2, 4, 6-10,
13, 15, 20, 23, 24, 30, 32, 35, 45, 47, 58, 60,
63, 83, 84, 86, 87, 94, 95, 98, 100, 114-116,
119, 125-128, 130, 136, 146, 148, 156, 158-
161, 164, 166, 167, 169, 175, 177, 178, 189,
197, 198, 203, 205, 247-250, 254, 258, 263,
271, 277, 290, 292-296, 300, 308, 315, 316,
318-321, 328-331, 333, 348, 352, 353, 354,
356, 357, 865, 370, 386, 388, 390, 391, 393,
433, 442, 454, 455, 458, 459, 480, 483-487,
493, 507, 508, 511, 518, 520, 522, 523, 525,
528-530, 532-536, 538, 539, 541, 548, 556,
559, 564, 566, 573, 575-578, 581, 582.— Of
a committee, 10, 34, 40, 129, 161, 165,

271, 304, 309, 319-321, 336, 382, 460, 486,
536, 540, 541.— Messenger, 58, 63, 66,
116, 117, 163, 166, 167, 189, 190, 198, 263,
271, 295, 316, 317, 337, 339, 341, 342, 344,
345, 360, 521, 522, 537, 538.

Kemper : Jacob, 295, 297, 300, 303.

Kenedy : Archibald, 90.

Kenny : John, 27, 30, 31, 140.

Ketchill : Joseph, 91.

King : John, 23, 27.

King : Michael, 534, 535, 537, 538, 541, 545.

Kingsland : William, 90.

Kinsey : John, 339, 340.

Kitchen : Thomas, 91.

Kuyper (Kuyport) : Derrick, 90.

Ladd: Samuel, 481, 530, 535, 576.

Laffarty (Lafferty) : Briant, 90, 512, 566,
572.

Lane : Abraham, 90.

Lane : Robert, 430.

Lawrence : Robert, 24, 46, 63, 128, 129, 138,
139, 234, 235, 254, 291, 296, 312, 336, 339,
341, 360, 406, 407, 459.— Chosen Speaker
of the House of Assembly, 481, 492,
524, 544, 551, 580.

Laws of the Province: Revisal of, 386,
394, 393, 397, 399, 412.

Learning : Aaron, 7, 24, 26, 63, 64, 65, 74,
100, 114, 137, 149, 159, 176, 220-222, 234,
235, 291, 295, 312, 337, 339, 341, 405-407,
421, 422, 424, 426, 459, 470, 472, 481, 486,
489, 522.

Learning: Jeremiah, 430.

Learning : Thomas, 430.

Leonard: James, 89.

Leonard : Samuel, 90.

Leonard : Thomas, In Council, 1, 2, 4, 6-
8, 10. 13, 15, 20, 23, 24. 30, 32, 35, 45, 47,
58, 60, 68, 73, 74, 78, 80, 81, 83, 84, 86, 88,

96, 98, 100, 107, 114-116, 119, 125, 126,

136, 137, 139, 146, 156, 166, 167, 169, 172,
175, 177, 178, 184, 189, 197, 203, 205, 206,
209, 210, 217, 219-221, 225, 236, 240, 247,
248, 250, 254, 258, 263, 271, 281, 290-296,
300, 308-310, 312, 312, 321, 328, 330-338,
347-350, 356, 357, 899, 403, 405-410, 417,
419, 420, 429, 431, 508, 511, 523.— Mes-
senger, 5, 11, 28, 29, 31, 33, 60, 66, 122,

137, 138, 220, 249, 253, 254, 297, 298, 304,
305, 313, 362, 487.— Of a committee, 10,
21-24, 45, 47, 59, 121, 140, 248, 296, 309,
312, 333-335, 407, 419, 467, 512.— Ap-
pointed a Judge of Somerset county,
90.— Lays depositions before the
Council, 191.— Allegations against,
283.

Lindsley : John, 91.
Lindsley, Jr. : John, 84.
Lindsley : Joseph, 194.
Line : David, 91.
Little : John, 90, 430, 583.
Lockheart: Alexander, 91.
Lockheart : Ephraim, 90.

INDEX.

593

Longstreet : Gulsbert, 810.

Lotteries, Horse Races, Playing of Cards
and Dice and Other Gaming for Lucre
or Gain : An act against, 5, 20, 22, 24,

Low (Law) : John. 5, 6, 60. 73, 74, 291. 804.

355,861.465,466.
Lunday: Richard, 91.
Lyman: Major-General Phineas, 561.
Lynch : Samuel, 509.

McCown : Daniel. 90.
McEvers (McKever, Mackwers): John,
437-440.

McKaine: ,81.

Marot : Philip, 120, 125, 148.

Marselisse : Peter, 90.

Marshall : James, 84.

Martin : Hugh, 91.

Mary : A sloop sailing from Woodhridge,

Matthews : Vincent, 489.

Mead : Jacob, 90.

Michael: William, 556.

Mickle : William, 214, 284, 235, 291, 312,
406, 459, 466

Middah : Peter. 481, 534.

Middlesex County : An act to enable the
inhabitants of, to build a work-house,
etc., 20, 24, 29, 40, 41. 68.— Riots in. 243,
371-380, 892. 395, 397.— Dutch Reform-
ed church in. 886.

Middleswardt (Middlesworth) : See Van
Middlesncardt.

Middleton : George, 232.

Middleton : Thomas, 232.

Military Affairs : Bills for regulating the
militia, 115. 120, 121, 148. 247, 403, 427.
— The enlistment of four new regi-
ments urged, 506. — Making provision
for troops imported against the
French, 516. 518, 520, 523.— An offer
of 500 stands of arms for the use of
the Colony, 542. — Regiment under
Colonel Schuyler, 563. — Meeting of
the Governors concerning a plan of
operations for the King's troops, 568,
569. The appointment of Colonels
in the several counties, with instruc-
tions to them, 569-571. — Instructions
to the Commander-in-Chief upon the
frontiers, 583.— Act for providing sub-
sistence for His Majesty's troops dur-
ing their march, etc., 518. — Preven-

tion of exportation of naval and
warlike stores to Cape Breton, 519,
521, 522. — An act to prevent supplies
to the French, 539. 540, 545.— Act to
make current £10,000 in bills of credit
for defense of the frontier, 576, 577.
581; also £15,000 to pay forces under
Colonel Peter Schuyler, 578.

Miller: Ebenezer, 277, 481, 486, 519.

Miller : Paul, 90.

Monmouth: Presbyterian church of, 221.

Montgomerie : Robert, 90, 310.

Montgomerie: William, 91.

Moore: Benjamin. 279, 280, 282.

Moose, Jr : Samuel, 90.

Morford : Thomas, 90, 310.

Morris County: Counterfeiters in, 48.—
Boundary line between, and Somer-
set county, 115-117, 120-148.— Court*
in, 583.— The quotas of, 467, 468. 478.

Morris: Lewis. Arrearage of salary to.
100-106, 149-156.— Referred to, 826, 340.

Morris: Robert Hunter. In Council, 6, 7,
9, 13. 15. 23. 24, 80. 32, 35, 45, 47, 58. 63,
68. 83, 84. 87, 88.94. 95, 126. 130, 136, 137.
139. 145-148, 158-160, 163, 164, 166, 167.
—Of a committee, 31, 33, 84, 62, 65,
129.— Resolution of Council concern-
ing, 48 —Messenger, 61, 66.— Opinion
of, concerning an act to pardon per-
sons guilty of insurrection, riots, etc.,
69-73. — Offers to take a voyage to
England to represent to the Ministry
the state of the Province, 160— His
sentiments concerning the Support
bill, 168.

Morris : Stephen, 194.

Morris : William. 91, 357.

Morrison : Archibald, 140.

Morrow : Joseph, 430.

Matt: William, 214. 234, 235, 291. 886. 418,
467.

N.

Nelson : Mr., 349.

Nelson : James. 89.

Nevill : John, 89, 310.

Nevill : Samuel, Speaker of the Assem-
bly, 4, 74, 178, 217. — Recommended as
Second Judge of the Supreme Court,
85. 88.— Depositions before, '206, 281,
289.— Letter from, 277.— Report of, in
relation to the person accused of
robbery and piracy in respect to the
Spanish ship upon the coast of North
Carolina. 370.— Letter to. from Gov-
ernor Belcher on the matter of Simon
Wikoff's rescue from jail, 372. — An-
swer thereto, 373.— On behalf of the ;

Council of Proprietors. 440. 441.-

Chosen member of the Nineteenth

Assembly, 481. — Messenger. 576.
Newark : Incorporating Presbyterian

church in. 429 — For riots in, see

Essex County.
Newbold : Michael, 232.
Newbould: Barzillai, 232, 291. 321, 335,

338, 405-407, 410. 417, 481.
Newell : James. 375.
New York Boundary Line : 440-442. 446-

448. 453, 494-504. 506, 507, 51'.?. 55S.
Noble : Joseph. 348. 350, 357. 429.
Norton : Daniel. 430.

Oaks: See Ouke.

Ogden : David, Appointed a member of
Council, 363.— In Council, 354-357,
370. 378, 386, 888, 393, 394, 396, 433, 442,

38

452, 454, 455, 458, -160-462, 465, 468. 47S.
477, 485, 487, 493. 506-508, 511. 515. 518-
520,522, 523, 525. 528-530. 582-536, 541,
545, 548, 556, 559, 562, 564. 566. 573, 575.

694

INDEX.

676-578. 581. 582.— Messenger, 861, 487,
535, 542.— Of a committee, 382, 488,
495-504, 534, 549, 552, 568, 571.— Opposed
to the bill for providing for the sub-
sistence of His Majesty's troops, 520.
Ogden : John, 89, 481.

Ogden : Robert, 291, 301, 817, 339, 407, 4<V>,

481, 504, 515, 524, 549.
Ogden : Uzal, 9, 14, 15, 89, 566/572.
Opdike : John, 509.
Orme : Mr., Aide-de-Camp of General

Braddock, 526.
Ouke : William, 284, 287.

P.

Pancoaat : William. 289.

Pangburn : Stephen, 90, 310.

Paper Currency: 407, 414, 415. See, also,
BiUt of Credit.

Paris: Ferdinand John, 1RO.

Parker : James, 507.

Partridge : Richard. 299, 342. 343, 361,362.

Paxton (Paxon) : Henry, 89, 232, 481, 509.

Pearson (Pierson) : Daniel, 90, 172, 191,
192.

Pearson : Robert, 89.

Peck (Peak) : Jacobus, 90, 566, 572.

Perth Amboy : Petition from the Mayor,
Recorder, etc., of, praying a change
of time for holding elections, etc.,
515.— For riots in, see Hfiddleser County.

Pettit: Jonathan ,91.

Philipse : Abraham, 20fi, 207.

Philipse : John, 91.

Philipse : Matthew, 140.

Philipse: Theophilus, 91.

Pidgeon : Ann, 429.

Pierson : Benjamin, 91.

Pierson : Thuel, 194.

Pike : James, 280.

Post : Johannes. 90.

Post : Peter, 90, 572.

Pownal : Thomas, Lieutenant-Governor
of New Jersey, 568.

Prane : Peter, 290.

Presbyterian Church of Monmouth
County, 221.— At Newark, 429.

Price: Ephraim,91.

Prior : Casparaus. 170, 171.

Prisoners for debt. 295-297, 303, 405, 406,
408, 409, 427, 533, 534, 536, 537, 539, 545.

Proclamation : For a public thanksgiving,
98.— Relative to riots ;:in"Essex and
Hunterdon counties. 208, 513.— To the
Collectors of Customs and Naval Offi-
cers, 546.— Relative tol.the Indians,
571.

Proprietors of the Eastern Division of
New Jersey : Memorial of, 15, 435-442.

Randolph : Hartshorne, 280.

Randolph : Kinsey, 279, 282.

Randolph : Robert Fitz, 280.

Randolph : Samuel Fitz, 277-282.

Raper : Joshua, 232.

Ray : Day, 90.

Read : Charles, appointed Judge of the Su-
preme Court. 93.— Secretary of Coun-
cil. 175. 229. 230. 276, 283. 284, 289, 290, 310,
351, 370, 390, 398, 429. 433, 453, 459, 493,
514, 519, 548, 564.— Elected a member
of the Assembly. 291.— Speaker of the
House of Assembly, 302. 308, 355, 396,
416, 465. — Resigns his office as Judge,
458. — Chosen member of the Nine-
teenth Assembly, 481.— Messenger, 486,
533, 512.— Of a commission to treat
with the Indians. 585.

Reading: George, 509.

Reading : John, 9.— In Council, 68, 73, 74,
78, 81, 86-88, 111, 114-116, 125-128, 130,
136, 145, 146, 210, 221, 225, 236, 240, 246-
248, 250, 254. 258, 263, 271, 277, 281, 290,
312-316, 318-321, 328-338, 348-350, 403,
406-411, 416, 417, 419, 420, 429, 431.

Read: Andrew, 91.

Rhe : David, 310.

Richmond : Jacob, 509.

Riddle : John, 449.

Ridgway : Timothy, 310.

Ringo : Cornelius, 91.

Ringo : Philip, 91.

Riots and Rioters: Concerning the par-
don granted to persons guilty of in-
surrections, riots, etc., 7-19.— List of
persons who took the benefit of an
act to pardon the persons guilty of
the insurrections, riots, etc., 11.—
Meeting of, 20, 23, 27.— Committee to

consider of, 21. — Tax themselves for
support of their pretended rights, 27.—
Considered in a committee of the
House of Assembly, 32.— Acts con-
cerning the speedy trial of, 37, 59.—
Resolution of the Council relative to,
48-50.— The act to pardon, 52.— Affi-
davits, etc., concerning, 61, 62. — Reso-
lution of Council concerning, 65. —
Opinion of Council concerning act to
pardon, 69.— In relation to Aaron Ball
and Theophilus Burwell, 108-110.—
Address of the Council to the Gov-
ernor concerning, 117-119. — Address
of the Assembly concerning, 122. —
Reply of Governor Belcher to the
General Assembly's addresses con-
cerning, 131, 157.— Relative to the par-
don of, 137, 138. 139, 142.— Affidavits
concerning, 140.— Representation con-
cerning, 146.— Action of the Council
concerning, 162. — Sentiments of the
Assembly concerning, 179-182. — Depo-
sitions concerning. 190-195. — Deposi-
tions and proclamation concerning,
206-210.— Affidavits*;concerning, 243-
246.— Report of the Lords Commission
for Trade, etc., on, 322-324.— Breaking
open the gaol in Middlesex county,
371-380, 392, 39f>, 397.— Address of the
Assembly to the Governor concern-
ing. 412-414.— Governor Belcher con-
cerning, 430, 433.— The Council to the
Governor concerning, 431.— The Gov-
ernor's proclamation concerning, 434.
Affidavits and proceedings relating
to, 435-442.— The Lords of Trade con-
cerning, 493 —Petition and affidavits
concerning, 507, 508. — Proclamation

INDEX.

595

in relation to, 513. — In Huuterdon !
county, 516 —Report of a committee i
of the Council in regard to, 549. .

Robeits: Amos, 14, 19-21, 28. 27, 87, 59,
141, 243

Roberts: Joseph. 194.

Robinson : Sir Thomas, 560.

Rodman : John, In Council, 68, 74, 78, 81,
82, 85-88, 111, 114-116, 119, 125-130, 136,
139, 145, 146, 206, 209, 212, 214, 217, 219-
221, 240, 246-248, 250, 254, 263, 271, 277,
281, 290, 310, 312-S16, 318-321, 328, 331-
388, 349, 350, 399, 403, 405-111, 416, 417,
419, 420, 429, 431.— Of a committee,

116, 312. 328, 329. 416, H7.-Refeired

to, 348.

Rolph : John, 90, 172.
Ro^s : John, 89, 246.
Rounsaval : Benjamin, 91.
Rove: John, 383.
Rozell : George, 12.
Ruudall : Alexander, 556.
Run yon : Runy, 89.
Russell : Charles, 207.
Ryerson : George, 90.
Ryerson : John, 90.
Ryerson : Martin, Ul.

B.

Backet: Joseph. 439.

St. Clair: Sir John. 511.

fct. Pierre : Legardeur I)e, 1 jr..

Salem : Toll bridge over the creek, 313,

318, 319, 345.— Act to enable the own-
ers of meadows at, to keep out the
tide, 399, 403-406, 427 —The same at
Mannington creek, in county of. 405,
406, 408. 409, 427.— The same at Elsin-
borough, in county of, 530, 632. 533,
540.— The same at Cohausy creek, in
county of, 530. 532, 5b3, 540."

Salem Creek : Toll bridge over. 313, 318,

319, 345.

Saltar: Richard, Appointed Judge for
Moumouth county, 90.— Appointed
member of the Council, 94.— In Coun-
cil, 95, 96, 98. 100, 107. 148. 156, 159-lfil,
165-167, 169, 172, 175, 177, 178, 184, 189,
197, 198, 203, 2< 5, 206, 209-214. 217 219-
221, 225, '236, 240, 246-248, 250, '254, 258,
263, 271, 277, 281, 290, V93, 310. 312-316,
318, 321, 328, 332, 333, 347. 349, W, 399,
403, 406-411, 416, 417, 419, 420, 429, 431,
442, 452, 487, 490, 493, 507, 508, fill, 519,
520, 522, 523, 525, 528-630. 532-536, 538,
539, 541, 548, 556, 573, 575-578, 581, 582.
—Messenger, 163. 197, 198, 203-205, '286,
249, 276, 317, 335, 336, FS8, 339, 408-410,
489, 490, 540.— Of a committee, 169,
195, 225, '247. 271, 312, 337, 407, 416,
448, 549.— Lays depositions before the
Council. 191, 194 —Nominated as
Judge of the Supreme Court, 458.—
Of a commission to treat with the
Indians, 585.

Sayre : Ananias, 277.

Scattergood : Joseph, 89, 222-289, 449.

Schmuck: Peter. 120, 1'25, 148.

Schuyler: Derrick, 89.

Schuyler: Colonel Peter, 527, 531, 543, 576,
578.

Scott: John. 437-440.

Serjeants: Mrs., 243.

Sheriffs and other Officers : Appointed by
the Governor without the advice of
the Council, 356, 358-360.

Shinn : Thomas. 89, 222-239.

Shippen : William. 509.

Shirley : William, Governor. 80, 456.

Shotwell : Abraham, 20, 23. 27.

Shuatterlv: Michael, -295, 297. 300, 303.

Skink : Albert, 492, 493.

Smith : Andrew, 91.

Smith : Daniel, 63, 89, 126, 861, 362.

Smith : Rev. Caleb. 1X1.

Smith: James, 89, 176, 198, 217-219, 284,
235, 247, 280, 282, 284.

Smith : Jasper. 91.

Smith : John, 242.

Smith: Joseph, 28.

Smith : Josiah, 89.

Smith : Mercy, 280.

Smith : Ralph, 21. 63, 91. 572.

Smith: Richard, In Council, 73, 74, 78,
HO-82, 85-88, 111, 114-116, 119, 125-130,
136, 137, 139, 145, 146. 206. 209, 211, 212,
214, 217, 220, 221.— Messenger, 114, 119.
128, 130, 214.— Of a committee, 1'27,
218.— Nominated for Justice, 430.

Smith, Jr : Richard, 861.

Smith : Robert, 89, 222-239, 429.

Smith : Samuel, 89. 137-139, 211, 214, 218,
220, 224, '235, 236, 250, 277, 281, 314, 423.
425, 481, 585.

Smith : Shobal (Shebawl), 291, 295. 2%,
300, 387.

Smith : William, 430.

Smyth: Andrew, 481.

Somerset County : Boundary line be-
tween, and Morris county, 115-117,
120, 148. — Dutch Reformed church in.
386.— Commissioner of the Loan Offu e
in, complaint of, 387.

Spanish wreck on the coast of North
Carolina, 308, 370.

Speer : Tunis, 246.

Spicer: Jacob, 4. 6. 7, 10, 11, 115, 120, 125,
187, 138, 166, 200. 202, 204, 234, 235, 247,
291, 304, 305. 481, 539, 578, 579.

Spier : Francis, 180.

Stell : John, 89.

Stelle: Pontius. 4, 7, 20, 63, 74, 583.

Stevens (Stephens) : John, 291, 294, 304,
329, 337, 3«4, 355, 361, 473, 481, 507, 508.
518, 542, 579, 584.

Stevens : Robert. 449.

Stewart : John, 232.

Stillwell : Joseph 277. 310.

Stilwell : Richard. 430.

Stoaks : Joshua, 556.

Stoakes (Stokes) : Samuel, 89.

Stockton : John, 90.

Stokes : Samuel, 481.

Stone : William. 89.

Stout (Slout) : Samuel. 91, 309.

Styles : John. 14, 19, 90, 96, 164, 172, 182,
191. 192. 551.

Support of Government : See Government.
! Supreme Court : Act to prevent actions
in. of £15 and under, 406. 408, 409, 427.
— To empo-.ver, to appoint Commis-
sioiiersin the several counties to take
bail, 486, 488.

[ Sussex County : The erection of, 418-420.
—Provisions for gaol in, 451. — Courts
in, 565.— The quotas of, 467, 468, 473.

Swain : Ebenezer. 430.

Swartwoot : Jacobus, 436, 487.

596

INDEX.

T.

Talinan : Benjamin, 232.

Taylor : John. 90, 450, 583.

Tewksbury : Erected into a township, 511.

Thanksgiving: Proclamation, 98.

Thomas : Nathaniel, 89, '222-289.

Thompson : Isaac, 509.

Thompson : Benjamin, 90.

Thomson : James, 89.

Tomkins : John, 549.

Tompkins : Ichabod, 388.

Tonkin : Edward, 89.
Towrisend : John, 430.
Trapnell : John, 129, 140, 312.
Treasurer's accounts, 36, 319, 860, 406, 407,

420-126, 460, 466, 469-472.
Trorman : Jonathan, 90, 416,
Tuckness : Luke, 449.
Turner : Joseph, 207, 208.
Tuttle : Joseph, 91.
Tattle : Timothy, 91.

Updike : Albert, 12.

U.
| Updike : Tunis, 12.

V.

Vauakeu : Abraham, 91, 442.

Vanata : Anthony, 435.

Vanbuskirk : Abiah, 90.

Van Buskirk : Lawrence, 63, 234, 235, 504.

Van Camp (Campen) : Abraham, 437, 497,

566, 570, 572.
Vauderirer : Jacob, 90.
Vandeveer : Cornelius, 310.
Vandike: Mr., 349.
Vandyue : Isaac, 91.

Vaugieseu (Vangiese) : Reyuier, 90, 481,

534.

Vanhorne : Cornelius, 9.
Van Middleswardt : J., 7, 32, 63, 64, 65, 90,

234, 23i, 281, 283, 291, 295, 336, 403.
Vanorder : Tobias. 90.
Van Vorst: Cornelius, 291, 418.
Vincent : John, 192, 194.
Vreeland : George, 89, 481, 485.

vv.

VVady (Wadie): Hum
Wahlen: William, 90

Humphrey, 290, 810.

Walker: Silas, 279, -280, 282.

Waller : John, 371-375, 379, 380.

Waller : William, 277, 281.

Walker : Samuel, 89.

Walton : Mr , of New York, 285, 287.

Warrants for Payment of Money: 74-79,
83, 87, 91-93, 96, 97, 107, 347, 349, 350,
351, 367-369, 380, 381, 383-385, 387, 388,
431-433, 450, 451. 478-480, 504, 505, 509-
511, 556-559, 581.

Warrel : Joseph, 9, 11, 13, 447.

Washington : George, 445, 453.

Webster: Joseph, 551.

Weggaud : John Albert, 387, 389.

Wetherill : John, 115, 120, 137-139, 141. 166,
234, 235, 281, 283, 291, 403, 410, 466, 473,
481, 638.

Westbrook : Justice, 435-437.

Wheeler : Nathaniel, 194.

Whillden ; James, 430

White : Amos, 90, 310.

Whitaker: Jonathan, 30, 31.

Whitehead : Timothy. 883.

Wills: James, 232.

Willets: John, 430.

Willets : Richard, 90.

William : Thomas, 194.

Winchell: Isaac, 449.

Winuacher: Jacob, 295, 297, 300, 303.

Wolves and Panthers : To encourage the

killing of, 314, 318, 319, 345.1
Wood: Henry, 556.
Wood : Richard, 310, 312, 313, 318, 338, 399,

405, 406, 459, 466, 566, 572.
Woodbridge: Presbyterian congregation

of, incorporated, 511.
Woodruff: Samuel, 566, 572.
Woodward: Anthony, 232.
Woodward : Thomas, 90. 310.
Woolverton (Wolverton) : Thomas, 389,

565.

Wright : Fretwell, 337.
Wright : Joshua, 231.
Wright : Samuel, 63.
Wycoff: Simon, 23, 37, 59, 243-245, 371-380.

Yard : Joseph, 481. 485, 489. 533, 538, 666.
Young : Henry, 430, 572.

Young : Philip, 295, 287, 300, 30*.

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