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Full text of "Documents relating to the colonial history of the state of New Jersey, [1631-1776]"

V. 




GIass_Tl/j3J_ 
Book.^C:3 



9 



ARCHIVES 



STATE OF NEW JERSEY. 



FIRST SERIES 



This volume was compiled and edited by authority 
of the State of New Jersey, at the request of the 
New Jersey Historical Society, and under the direc- 
tion of the following committee of that Society : 

Nathaniel Niles, Chhi, 
Joel Parker, 
William Nelson, 
Garret D. W. Vroom, 
Frederick W. Eicord. 



DOCUMENTS 



RELATING TO THE 



COLONIAL HISTORY 



STATE OF NEW JERSEY. 



EDITED BY 



FEEDERICK W. RICORD AND WM. NELSON. 



VOLXJIVIE IX. 

ADMINISTRATIONS OF PRESIDENT JOHN READING, LIEUTEN- 
ANT-GOVERNOR THOMAS POWNALL, GOVERNOR FRANCIS 
BERNARD, GOVERNOR THOMAS BOONE, GOVERNOR 
JOSIAH HARDY, AND PART OF THE ADMINISTRA- 
TION OF GOVERNOR WILLIAM FRANKLIN. 



1757-1767. ^^'^^'^: 



NEWARK, N. J. : 

DAILY ADVERTISER PRINTING HOUSE. 
1885. 






k 



CORRI'XTIUXS AND ADDITIOiNS. 



Page IxIS.— '"Blowsons," evidently an error of the eopj'ist for '• Moecasons." 

135.— Line -seven from bottom, for "prod," evidently an error of the copyist 
for "procL," i. e., proclamation money. 
" 2.")0.— The Document given is from Vol. LXXXIX, N. Y. Col. MSS. 
" 325.— In fir.st line of note, for " Judges," read "Judge," /. e., Samuel Nevill. 
358.—" Bartington " is probabl.y a clerical error for "Bm-lington." 
3:59. — In the flr.st line of the note, after " Governor Lewis Morris," insert " his 
father-in-law."" 

In line twenty-one of the note, for "Judge John Field," read 
" Judge John Fell." 
310.— In line six of the note, for "76., 26," read ''Record Christ Church, 20." 
:ii!).— In line fifteen of the note, for " simple," read " single." 
304. — In lines three and four of the note, omit the words "' In 1747 he was ap- 
pointed member of the Council." 

In line fourteen, for "father," read "great uncle. Dr. Richard 
Smith."" 



JJt3> 



PRINCIPAL SOURCES 

WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED. 



Fuhlic Record Office, London, England. 

Mamisci'ipts of the New Jersey Historical Society. 

Manuscripts of William A. Whitehead. 

Records in the Office of tJiQ Secretary of State at Trenton. 

Documents relatiny to the Colonial History of the State of 

New York. 
New York Colonial Manuscri^jts in the State Library at 

Albany. 
Pennsylvania Colonial Records, and Pennsylvania Archives. 



\ 



C O N T E N T S 



PAGE. 

1757_Sept. 33. — Letter from Thomas Pownall, Lieutenant-Gov- 
ernor of New Jersey, to the Secretary of the Lords 
of Trade, acknowledging the receipt of the Resolu- 
tions of the House of Commons of May 23. 1757 1 

33.— Letter from Lieutenant-Governor Pownall of New 
Jersey to John Reading, President of tlie Council, 

on leaving the governiuent in his hands . - 3 

>' 33.— Address of the Council of New Jersey to Thomas 
Pownall, Esq., Lieutenant-Governor and Comman- 
der-in-Chief of the Colony of New Jersey, and his 
answer -.. •! 

'• '' 34.— Address of the Corporation of the City of Perth 

Amboy to Lieut. -Governor Pownall, and his answer 6 

" —Oct. 7. — Letter from Lieutenant William Skinner to his 
father. Rev. William Skinner, informing him of his 
promotion from the Provincial to the Royal troops. . 8 

—Return of Stores at Schenectady, New York, made 

by Col. John Parker, 1757 10 

•• —Nov. 16.— Order of the Lords of the Committee of Council 
for Plantation Affairs, referring to the Board of 
Trade a petition of the Agent for the Assembly of 
New Jersey, praying that the Governor may be di- 
rected to assent to a bill for emitting £60,000 in 
Paper Bills of Credit 11 

*' " 35.— Letter from William Skinner to his father. Rev. 
William Skinner, giving an account of his promotion 
from the Provincial to the Royal troops 14 

" — License to Joseph Price as Branch pilot 18 

•' — Wan-ant settling the rank o# Provincial officers in 

North America 19 

1758— Jan. 37. — Order of his Majesty in Council approving a Rep- 
resentation of the Lords of Trade, proposing Francis 
Bernard, Esq., to be Governor of New Jersey, and 
directing a Commission to be prepared _ . . _ 31 



Vi CONTENTS. 

PAGE. 

1758_ —Draft of the Commission of Francis Bernard as 

Governor of New Jersey, submitted to the Attorney 
and Solicitor General 33 

'• —Feb. 31.— Report of the Lords of Trade upon the petition of 
the Agent of New Jersey, respecting a bill for issuing 
£89.000 in Paper Bills of Credit 34 

•• " 33.— Representation to the King fi'oin the Lords of 
Trade, with a draft of General Instructions and those 
relating to Trade, for Francis Bernard. Governor of 
New J ersey 38 

" '• 35. — Memorial of Richard Partridge, Agent for New 
Jersey, respecting a bill jiassed by that Colony for 
emitting £89,000 in Bills of Credit 107 

'• — March 10. — Letter from John Reading, Acting Governor, to 

William Denny . . 110 

" '• 11. — Letter from Governor Pownall. of Massachusetts, 

to President Reading __ _. Ill 

'* •' 33. — Letter from the Lords Commissioners for Trade 
and Plantations to the Attorney and Solicitor Gen- 
eral, enclosing questions upon wliich their opinion 
is desired _.. 113 

" — June 9. — Report of the Lords of Trade to the Privy Council 
upon a second remonstrance of the Agent of New 
Jersey respecting a l)ill prepared by the Assembly 
authorizing the issue of £89,000 in Bills of Credit... 113 

" " 30. — Letter from Governor Francis Bernard to the 
Lords of Trade, giving an account of his arrival in 
his government, etc . . 116 

" — July 3. — Letter from Governor Bernard to the Lords of 
Trade, giving an account of his visits to different 
parts of his government and his interview with Gov- 
ernor Denny and General Forbes in regard to the 
Indian invasion 130 

" " 7. — Letter from Governor Bernard, announcing the 

death of Mr. Ainsley. Chief-Justice of New Jersey.. 184 

" "■ 7.— Message from Governor Bernard to the Minisink 

Indians _. 135 

" —Aug. 34. — Letter from Governor Bernard to the Lords of 
Trade— Had prorogued the Assembly— Vacancies in 
the Council— Indian affairs, ere. 136 

'• •• 31.— Letter from Governor Bernard to the Lords of 

Trade, enclosing copy of message from the Assembly 139 
31. — Letter from Governor Bernard to the Lords of 
Trade, respecting the manner of the Assembly's pass- 
ing Bills of Credit during the time of war. with his 



CONTENTS. ^^ 

PAGE. 

observations upon the necessity of a Special Instruc- 
tion to empower him to pass such bills 131 

1758— Sept. 15.— Letter from Governor Bernard to the Lords of 
Trade, relating to the necessity, should the war con- 
tinue, of a special power from his Majesty for raising 

money - --- 1^'^ 

" —Oct. 31.— Letter from Governor Bernard to the Lords of 
Trade, giving an account of the Conferences held at 
Easton with the Chief Sachems and warriors of sev- 
eral nations of Indians 139 

" —Nov. —.—An estimate for raising, paying and clothing a 
regiment of 1,000 men; the bills of credit outstand- 
ing, and the amount sunk each year 143 

«< —Dec. 7.— Representation to the King from the Lords of 
Trade, inclosing Copies of Letters and papers received 
from Governor Bernard, relative to a law for issuing 

Bills of Credit without a suspending clause 147 

" • • 9.— Extract from a Letter from Secretary Pitt to Gover- 

nor Bernard of New Jersey, m-ging preparations for 

the invasion of Canada. -. 149 

<< • ' 13. — Order of King and Council, approving the appoint- 

ment of Charles Read and John Smith as members of 
the New Jersey Council, in place of John Reading 

and Thomas Leonard --- 151 

1759— Feb. 8.— Letter from the Lords of Trade to Governor Ber- 
nard, in answer to several of his communications 152 

" " 8.— Report of the Lords of Trade to the Lords of the 

Privy CouncU, with the draft of an instruction to 
Governor Bernard, relative to the passing paper Bills 

of Credit 156 

" —March 6.— Speech of Governor Bernard to the Legislature of 

New Jersey. -- - 159 

" " 14. — Answer to the above 163 

«' " 15. — Address of Governor Bernard to the Legislature.- 163 

«' <' 20. — Letter from Governor Bernard to Secretary Pitt, 

relative to the unanimity and despatch manifested by 
the New Jersey Assembly, in carrying out the King's 

Commands — 166 

a " 21. — Letter from Governor Bernard to the Lords of 

Trade, informing them that the Assembly had passed 
a bill for raising one thousand men, and a bill for 

their support . . -■-- 168 

»» <' 30. — Letter from Governor Bernard to the Lords of 
Trade, containing his observations upon the Money 
Bills passed for extraordinary purposes, etc. 170 

B 



Vlll CONTENTS. 

PAGE. 

1759 — Api'il 28.— Letter from Colonel John Parker to Lewis John- 
son, referring to the co-operation of the Indians in 
the campaign, with which he was connected 172 

•' — May 22. — Representation from the Lords of Trade to the 
King, proposing Nathaniel Jones as Chief-Justice in 
the room of William Aynesley, deceased 178 

" — June 15.— Letter from Governor Bernard to the Lords of 
Trade, informing them that the New Jersey Regiment 
had arrived at Albany, and that he had laid out a 
town for the Indians in Burlington County, greatly 
to theii" satisfaction . 174 

*' — Aug. 28. — Letter from Governor Bernard to the Lords of 
Trade, concerning the pretentions of Robert Hunter 
Morris to the office of Chief -Justice of New Jersey 176 

•' — Oct. 11. — Order of the Council of New York for the arrest of 
Sussex County men for alleged trespass — Northern 
Boundary dispute .. 178 

•' — Nov. 11. — Letter from the Sheriff of Orange County, return- 
ing the above order. 182 

" " 13. — Circular Letter to all his Majesty's Governors, 
inclosing a printed copy of proclamation for a general 
thanksgiving 183 

" " — . — Officers of the New Jersey Regiment in the French 

War, 1758, 1759... 184 

" " 14. — Letter from the Lords of Trade to Govenior Ber- 
nard, acquainting him that the King had been gra- 
ciously pleased to appi'ove of his being appointed 
Governor of Massachusetts Bay 188 

" " 27. — Order of llis Majesty in C'oiuicil, approving a Rep- 
resentation of the Lords of Trade, proposing Thomas 
Boone to be Governor of New Jersey. 189 

" " 27. — Representation from the Lords of Trade; to the 
King, with the draft of a Commission for Thomas 
Boone to be Governor of New Jersey. 190 

'• —Dec 14. — Letter from the Lords of Trade to Governor Ber- 
nard, on the pretentions of R. II. Morris to assume 

the office of Chief -Justice of the Province 191 

1760— Feb. 13. — Representation from the Lords of Trade to the 
King, with the draft of general instructions, and 
those relating to trade, tor Thomas Boone, Governor 
of New Jersey 193 

*' " — . — Commission to Thomas Boone, Governor of New 

Jersey 194 

" ■' —.—Commission to Thomas Boone as Vice- Admiral of 

New Jersey 195 



CONTENTS. IX 

PAGE. 

1760 — Feb. 14. — Letter from Thomas Boone, of South Carolina, to 
the Lords of Trade, acknowledging the honor con- 
ferred upon him by his appointment as Governor of 
New Jersey 205 

" " 22.— Letter from Mr. Kobert Hunter Morris to Gover- 
nor Bernard, showing why he ought to have been 
permitted to resume liis office of Chief-Justice, and 
inclosing a copy of his patent appointing him to that 
office 206 

" " 25. — Letter from Governor Bernard to the Lords of 
Trade, expressing his gratitude for his appointment 
as Governor of Massachusetts Bay — the solemnization 
of a day of thanksgiving — Mr. Morris' claims to the 
office of Chief-Justice . 209 

" — March 22. — Letter from Governor Beiuiard to the Lords of 
Trade with the Proceedings of the Supreme Court in 
relation to the claim of Mr. Morris to the office of 
Chief-Justice 212 

" " 24. — Letter from Thomas Boone of South Carolina to 
the Lords of Trade, acquainting them with his inten- 
tion to embark in a few days in order to assume the 
Government of New Jersey 218 

" " 26. — Letter from Governor Bernard to Secretary Pitt, 
inclosing his addi'ess to the Council and Assembly, 
together with the Answer of the Assembly 219 

'* " 29. — Letter from Governor Bernard to the Lords of 
Trade, commenting on the Bill for raising troops in 
the Province -. 224 

" — June —.—Petition of the Earl of Stirling and others to the 
King for payment of £7000 purchase money for Long 
Island, granted to their ancestors 226 

" " 17.— Representation from the Lords of Trade to His 
Majesty, respecting the dispute between Robert 
Hunter Morris and Nathaniel Jones for the office of 
( 'hief- Justice of New Jersey 280 

" — July 15. — Letter from Governor Boone to the Lords of Trade 

informing them of his arrival in New Jersey 234 

" — Aug. 10. — Letter from Robert Hunter Morris to Governor 
Boone, setting forth the state of the dispute between 
him and Mr. Jones for the office of Chief-Justice 235 

" — Sept. 3. — Letter from Governor Boone to the Lords of Trade, 
transmitting the foregoing letter from Robert Hunter 

Morris 238 

' — Order from Secretary Pitt to continue the use of 

the former Seal of New Jei'sey . . _ 239 



X CONTENTS. 

PAGfi. 
1760 — Oct. 23. — Letter from Governor Boone to Secretary Pitt in 

regard to the imputed illegal trade in New Jersey. _- 240 
29. — Representation from the Lords of Trade to the 
King, inclosing a draft of a proclamation for pro- 
claiming him in the American Colonies 241 

" " 29. — Circular Letter from the Lords of Trade to the 
Governors of North America informing them that 
warrants for using the old Seals, etc., were in course 
of preparation 243 

" " 30. — Representation from the Lords of Trade to the 
King with a draft of instructions to the Governors 
in America relating to the alterations in the prayers 
for the royal family 244 

*' — Nov. 21. — Warrant to David Price to impress vessels to trans- 
port troops to New Jersey 246 

" — Dee. 2. — Letter from the Lords of Trade to His Majesty's 
Engraver of Seals, with directions for engraving new 
ones for the Colonies. 247 

" " 15. — Letter from Governor Boone to the Lords of Trade, 
referring to the amicable proceedings of the last 

Assembly 248 

1761 — Jan. 12. — Letter from Governor Boone to the Secretaiy of the 
Lords of Trade in relation to the defective postal 
arrangements in the Province. 249 

" — Feb. — . — Petition of Philip Swartwout and others — Northern 

Boundary dispute 250 

" " 12. — Letter from President Golden of New York to 

Governor Boone — Noi'thern Boundary dispute 253 

" — March 17. — Order of Council directing the Lords of Trade to 
prepare warrants for continuing Christopher (bates 
and Joseph Warrell in their respective offices of 
Secretary and Attorney-General of New J ersey 257 

" — Extract from a letter from Rev. David Bostwick 

relative to the death of Samuel Davis, fourth Presi- 
dent of the College of New Jersey 258 

" " 20. — Order of Council approving of the representation 
from the Lords of Trade proposing that Josiah Hardy 
be appointed Governor of New Jersey 259 

" — April 8. — Letter from Governor Boone to the Lords of Trade 
stating what had been done in New Jersey towards 
raising additional men for the service of the year 
1761, and as to other matters . 260 

" " 8.— liCtter from Governor Boone to Seci-etary Pitt, 
relating to the action of the Assembly of New 
Jersey 261 



CONTENTS. XI 

PAGE. 

1761— April 14.— Order in Coimcil approring a Commission for 

Josiah Hardy, Esq., to be Governor of New Jersey.. 2C2 

" " 16. — Letter from Mr. Charles Boone to the Lords of 
Trade, praying that his brother. Governor Boone, be 
allowed to visit England before going to assume the 
Government of South Carolina 363 

*' " 17.— Representation to his Majesty relative to the dispute 
between Mr. Jones and Mr. Morris for the office of 
Chief- Justice of New Jersey - 364 

" " 39.— Letter from the Secretary to the Postmaster-Gen- 
eral to Secretary Pownall, inclosing a letter from 
Benjamin Franklin relative to the Post Routes in 
New Jersey 365 

'• —Commission of Josiah Hardy to be Governor of 

New Jersey 370 

" — May 6. — Representation to his Majesty from the Lords of 
Trade, with draft of General Instructions, and those 
relating to Trade, for Josiah Hardy, Governor of 
New Jersey -. -- -- 373 

" " 34.— Letter from Captain Wra. Skinner to his brother, 
Cortlandt Skinner, giving an account of the assault 
and landing upon the island of Belle Isle by the 
English forces - 377 

" —June 5.— Letter from Governor Boone to the Lords of Trade, 
transmitting acts of the New Jersey Assembly — 
declined issuing new Commissions to the Government 
ofBces - - 379 

" " 13. — Commission of Josiah Hardy to be Vice-Admiral 

of New Jersey 380 

" '• 16.— Representation of the Lords of Trade to the King 
with the names of such persons as were thought 
proper to be inserted in the Commission for trying 
Pirates 383 

" " 35.— Order in Council approving the draft of Instruc- 

tions for Josiah Hardy, Governor of New Jersey. 385 

" —July 7.— Address of the House of Representatives to Gov- 
ernor Boone, complimenting his administration 387 

" " 7. — Answer of Governor Boone to the same 388 

" 24. — Orders, Rules and Instructions to be observed by 
the Receiver-General of the several Colonies in 
America ... . - 389 

'• " 28.— Letter from Governor Boone to the Lords of Trade, 

informing them t,hat an Act had been passed for con- 
tinuing a part of the New Jersey Regiment, and that 
he had suspended Mr. Antill, one of the Council . . . . 399 



Xii CONTENTS. 

PAGE, 
1761— Aug. 30.— Letter from Governor Boone to the Lords of Trade, 
giving an account of the seizure and condemnation 
of a vessel and cargo engaged in illicit trade 300 

<' —Sept. 16.— Representation from the Lords of Trade to the 
King, with a draft of instructions to the Governors 
of the Colonies, relative to an alteration in the 
prayers for the Royal Family 302 

'< " 2L— Letter from Governor Boone to the Secretary of 
State, with congratulations on the King's intended 
marriage -.1 -- 304 

" —Oct. 20,— Letter from Governor Boone to the Lords of Trade 
relative to his receiving leave of absence before pro- 
ceeding to South Carolina ..- - 3D5 

" —Nov. 13.— Letter from Secretary Pownall to the Secretary to 
the Lords Commissioners of the Treasury, inclosing a 
copy of Governor Boone's letter of Atigust 30, rela- 
tive to the seizure of a vessel engaged in illicit trade 306 

'i " 23,— Order of the King in Council approving of a rep- 
resentation of the Lords of Trade relative to the pass- 
ing of Patents for Lands upon the Mohawk river, 
and the granting Judges' Commissions during good 
behavior 308 

■' " 23. — Letter from Governor Hardy of New Jersey to the 
Lords of Trade, announcing his arrival in the Prov- 
ince, and asking to have the suspension of Edward 
An till confirmed 316 

" " 25. — Articles of Association to work Royal Mines in 

New Jersey or elsewhere 318 

*' — Dec. 2. — Communication from the Lords of Trade to the 
King, with draft of instructions to the Governors of 
the Colonies as to the settlements on the border, and 
as to the tenure of Commissions granted to Judges 
and other officers 321 

" " 3. — Order in Council directing Instructions to be sub- 
mitted for the King's signature, in relation to grant- 
ing lands and Judges' Commissions 324 

" " 12. — Letter from the Earl of Egremont, Secretary of 
State, to the Colonial Governors in America, in rela- 
tion to raising additional troops. _ . 330 

" " 22. — Representation from the Lords of Trade to the 
King, recommending the disapproval of two Acts 

passed in New Jersey in April, 1761 331 

1762 — Jan. 2. — Order in Council for removing Edward AntUl from 
his seat in the Coimcil of New Jersey, and for ap- 
pointing John Stevens a Councillor in his room 335 



CONTENTS. Xlll 

PAGE. 

1762 — Jan. 6. — Letter from (Captain) George Otter to Lewis John- 
ston, relative to an Island on the right hand side be- 
twixt BurHngton and Bristol— Sir Jeffrey Amherst 
had acquitted himself with great honov — Reported 
that Parliament would tax their good subjects in 
America 337 

" — Commission of Richard Saltar as Third Justice of 

the Supreme Court of New Jersey ._ 340 

•' — Memorial of Nathaniel Jones to the Earl of Hills- 
borough, Secretary of State, in regard to the diffi- 
culties in New Jersey 342 

" — Jan. 20. — Letter from Governor Hardy to the Ijords of Trade 
informing tliem that he had appointed Mr. Morris 
Chief -Justice, and Messrs. Nevill and Saltar Second 
and Third Judges, and referring to a bill before the 
Assembly for laying a duty on the imjjortation of 
Negroes 345 

•' •' 22. — Letter from Governor Hardy to the Earl of Egre- 
mont, relative to the duty on imported Negroes, and 
the Commissions of Government officers 347 

" — March — . — IMemorandum of ease referred to the Attorney and 
Solicitor-General, as to whether Governor Hardy's ap- 
pointments of Judges during good behavior are valid. 349 

" " 17. — Letter from Secretary of the Lords of Trade to Sir 
Matthew Lamb, desiring him to prepare a draft of a 
bill for the punishment of murder committed within 
the Admiralty jurisdiction in the Plaiitations ... 351 

" " 22. — Commission of John Erainerd, as Superintendent 

and Guardian of the Indians at Brotherton ... 355 

22. — Commission for Surrogates in the Western and 
Eastern Division of New Jersey 350 

" " 27.— Letter from the Secretary of the Lords of Trade to 
Robert Wood, inclosing a representation from that 
body, asking for the removal of Governor Hardy 3(.iO 

'• — April 29. — Letter from Governor Hardy to the Secretary of 

State, on the declaration of war against Spain 363 

" — June 22. — Letter from Governor Hardy to Secretary Pownall 
— The Commissions during good behavior had been 
relinquished by the Judges — Robert Hunter Morris 
strongly recommended for Chief- Justice — The death 
of Andrew Johnston expected .... 364 

'• —July 8. — Sir Jeffrey Amherst to the Connnanding Officer at 
Elizabethtown (Captain Elias Dayton) — Gov. Hardy 
had informed him that upwards of twenty men were 
ready at nElizabethtown to embark for Albany — Or- 
ders them to do so 365 



XIV CONTENTS. 

PAGE. 
1762 — July 16. — Letter from Governor Hardy to the Lords of 
Trade, announcing the death of Andrew Johnston, 
and recommending Stephen Skinner to be his suc- 
cessor as Treasurer of East Jersey, and three other 
gentlemen for the Council 366 

" — Aug. 20. — Letter from the Earl of Egremont to the Lords of 
Trade, announcing His Majesty's appointment of 
William Franklin to be Governor of New Jersey 368 

" — Sept. 1. — Commission of William Franklin as Governor of 

New Jersey •. _ . 368 

" " 3. — Commission of William Frankhn as Vice-Admiral 

of New Jersey 372 

" " 11. — Letter from the Earl of Egremont to Governor 
Hardy, informing him of his removal from the Gov- 
ernment of New Jersey 374 

" " 27. — Representation from the Lords of Trade to the 
King, inclosing a draft of instructions for the Gover- 
nors, relative to an alteration in the prayers for the 
Royal Family 375 

" — Oct. 9. — Letter from Governor Hardy to Mr. Pownall, 
announcing the appointment of Mr. White as Judge 
of the Admiralty in the room of Mr. Lewis Morris, 
deceased 377 

" — Dec. 3. — Letter from Governor Hardy to the Earl of Egre- 
mont, acknowledging the receipt of the letter relative 

to his removal from office... 379 

1763 — Jan. 18.— Answer of the Attorney-General to the queries pro- 
pounded, as to the Validity of Governor Hardy's 
appointments 380 

■' —April 27.— Letter from Secretary Pownall to Attorney-General 
Yorke, relative to the holding of lands in America 
by aliens 382 

" —May 2.— Letter from Governor Hardy to the Lords of Trade, 
inclosing acts and public papers, with observations 
thereupon . 382 

" " 10.— Letter from Governor Franklin to the Lords of 
Trade, acquainting them with his arrival in New Jer- 
sey, and notifying them of three vacancies in the 
Council of that Province. 383 

" — June 27.— Letter from Governor Franklin, inclosing Minutes 

of Council, and six acts passed 388 

" —July 19.— Letter from Governor Franklin to the Lords of 
Trade, informing them that the Indians had re-com- 
menced hostilities in the back country, and that 
measures for protection against them had been taken. 391 



CONTENTS. ^ XV 

PAGE. 

1763 — July 19, — Letter from Governor Franklin to the Earl ot 
Bgremont, relative to appointing a day of thanksgiv- 
ing, and to the renewal of hostilities by the Indians 393 

" — Aug. 31. — Order in Council, approving of Samuel Smith and 

John Ladd, Esqs. , to be of the Council in New Jersey 394 

" —Oct. 21.— Letter from the Lords of Trade to Gov. Frank- 
lin, relative to issuing certain sums of paj^er money 
for providing a house for the Governor . 396 

" — Nov. 8. — Letter from Secretary Pownall to Sir Fletcher 
Norton. Solicitor-General, desiring his opinion as to 
whether aliens, not naturalized, can acquire property 
or lands in America, either by purcliase, grant or 
leave of the Crown 397 

" — Dec. 5. — Letter from Governor Franklin to the Lords of 
Trade, in regard to his proceedings with the Assem- 
bly, respecting the means of repelling the hostilities 

of tlie Indians 398 

1764 — Jan. 20. — Letter from Governor Franklin to the Lords of 
Trade, relative to an act for raising levies for the de- 
fence of the Province, and to other acts lately jjassed 
there. ... 400 

" — Feb. 8. — Letter from Governor Franklin to the Lords of 
Trade, relative to the transmission of public papers, 
the revenues, and issuing a sum of money in paper 
bills for erecting public buildings 402 

" " 9. — Representation from the Lords of Trade concern- 
ing bounties upon hemp ; the paper currency ; duties 
upon beaver skins, and upon whale fins 405 

" " 20. — Commission of Charles Read as Chief -Justice of 

New Jersey 424 

" " 28.— Letter from Governor Franklin to the Lords of 
Trade, announcing the death of Chief-Justice Mor- 
ris, and the appointment of Charles Read to succeed 
him; also recommending Richard Stockton to supply 
the vacancy in the CouncU 4^6 

" — March 6. — Letter from Governor Franklin to the Lords of 
Trade, relative to raising levies; also to some acts 
passed by the Assembly, and to Mr. Ashfield's claim 
to precedence in the Council over Mr. Ogden 428 

" " 6. — Letter from Governor Franklin to the Earl of 
Halifax, relative to raising troops, and inclosing a 
copy of a letter from General Gage 431 

" —April 28.— Letter from Governor Franklin to the Lords of 
Trade, transmitting papers, and informing them of a 
report that the Six Nations of Indians are likely to 



Xvi CONTENTS. 

PAGE. 

render aid that will end the Indian war for the 

summer 433 

176^_May 11.— Ordinance for holding the Supreme Court for the 

Province of New Jersey . - . . 434 

<< <' 12. — Letter from Secretary Halifax to Governor Frank- 
lin, expressing the King's satisfaction with his zeal 
in protecting the frontier settlements of New Jersey. 439 

»i " 28.— Report from the Lords of Trade, with draft of in- 
structions to the Governors in America in regard to 
fees taken in the several offices of government there. 440 

" — July 3. — Representation of the Loi'ds of Trade to his Maj- 
esty, j^roposing Frederick Smyth and James Parker 
Councillors in the room of Mr, Morris and Mr. Sal- 
tar, deceased 443 

" " .5. — Representation of the Lords of Trade relative to 

the Lottery lately made by Peter Gordon 443 

" " 13. — Ijetter from the Lords of Trade to Gov. Franklin, 
recommending Messrs. Parker and Smyth as mem- 
bers of the Council, and the latter as (!hief- Justice; 
also relative to a duty upon the importation of 
Negroes, and to the dispute between Mr. Ogden and 
Mr. Ashfield 444 

" " 20. — List of Commissioners for running the boundaries 

between New Jersey and New York 447 

" — Aug. 11. — Circular Letter from the Earl of Halifax, announc- 
ing the resolution of the House of Commons to 
charge certain stamp duties in the Colonies and 
Plantations 448 

" '• 34. — Letter from Robert Ogden to Courtlandt Skinner, 
inclosing a cojjy of resolutions of the Massachusetts 
Assembly, and advising that all the Colonies should 
unite to keep off the threatened blow of imposing 
taxes, duties, etc. 44!) 

" — Sept. 13. — Letter from Joseph Sackett, Jr., to Courtlandt 
Skinner, relative to the Common Lands in the Island 

of Sekakus, in Bergen County 451 

21. — Letter of thanks from Governor Franklin to the 
Earl of Halifax . . 4oo 

" — Oct. 2.- -Opinion of Wm. Samuel Johnson as to the owner- 
ship of the Common Lands set otf to the Island of 
Sekakus 454 

'■ " 4. — Letter from Governor Franklin to the Lords of 

Trade, relative to the Assembly, the Agent, and two 

acts passed in the Province of New Jersey . . 458 

10. — Letter from Governor Franklin to the Lords of 



CONTENTS. XVI 1 

PAGE. 

Trade, with enclosures, relative to the complaint of 
Captain Kennedy in regard to the Common Lands 
of Bergen 459 

1764 — Oct. 17. — Commission of Frederick Smyth as Chief-Justice 

of New Jersey 475 

" " 13. — Letter from Governor Franklin to the Lords of 

Trade, relative to the act for the partition of Bergen 478 

" " 38. — Letter from Governor Franklin to the Earl of 
Halifax, inclosing the Attorney-General's list of the 
instrumen ts made use of in New Jersey 479 

" " — . — Letter from James Parker to Governor Franklin, 
acknowledging the receipt of his Majesty's Mandamus 
to be one of the Council of New Jersey 483 

" — Nov. 8. — Letter from Governor Franklm to the Earl of 
Halifax in relation to the illicit Trade in New 
Jersey _ .. . 484 

" " 8. — Letter from Governor Franklin to the Earl of 
Halifax, relative to the measures, proposed by the 
Postmaster-General, for improving correspondence 
between the several Colonies . 485 

" " 13. — Letter from Governor Franklin to the Earl of 
Halifax, informing him that Frederick Smyth had 
been appointed Chief- Justice _. 486 

" — Dee. 7. — Letter from John Pownall to Governor Franklin, 

relative to the Lottery lately made by Peter Gordon. 487 
1765— Feb. 31.— Letter from Governor Franklin to the Earl of 
Halifax, inclosing a petition from the piineipal pos- 
sessors of the Islands in the Delaware, praying to be 
annexed to the Province of New Jersey. . . 488 

" — Aug. 8. — Letter from Gov. Franklin to the Lords of Trade, 
informing them that the Assembly had granted 
Bounties for raising Hemp and Silk ; with remarks 
on an Act for regulating the practice of the law 490 

" —Sept. 14. — Letter from Secretary Conway to Governor Frank- 
lin, relative to the petition from the principal posses- 
sors of the Islands in the Delaware . .. 493 

" " 33. — Letter from Governor Franklin to Secretary Con- 
way, relative to the Act foi- establishing a Stamp 
Duty in America, with inclosures 49? 

" — Oct. 10. — Letter from Governor Franklin to the Lords of 
Trade relative to the ferment among the People (jf 
America with respect to the Stamp Act 499 

" " 13. — Letter from Lieutenant-Governor Golden to Secre- 
tary Conway 500 

" " 24. — Letter from Secretary Conway to Governor Frank- 
lin relative to the proceedings of the Colonies, and 



Xviii CONTENTS. 

PAGE, 
autliorizing hiin to call upon the commander of the 

land and naval forces for assistance 501 

1765_Nov. 13.— Kepresentation from the Bishop of London to the 
Lords of Trade, desiring their Instructions to the 
Governor of New Jersey, that Marriage Licenses may 
be directed only to a Protestant Minister of the 
Gospel 504 

<' «« 13.— Letter from Governor Prankhn to the Lords of 
Trade relative to the seditious spirit from the neigh- 
boring Colonies appearing in New Jersey, and the 
agreement among the lawyers not to act under the 
Stamp Law 505 

«' " 30.— Letter from Governor Franklin to Secretary Con- 
way relative to the Stamp Act, antl the troubles 
therefrom, inclosing Minutes of the Council in regard 
thereto --- 507 

• ' —Dec. 12. — Letter from the Lords of Trade relative to the 
Representation from the Bishop of London in regard 
to Marriage Licenses 520 

" " 17.— Letter from Governor Franklin to Benjamin 
Franklin in relation to the success of Col. Croghan 
with the Indians . . 521 

" '• 18. — Letter from Governor Franklin to the Lords of 
Trade respecting the difficulties labored under with 

regard to the Stamp Act - - . 524 

1766_Jan. 7.— Letter from the Lords of Trade to the Duke of 
Grafton, with papers containing information respect- 
ing the Riots in America resulting from the Stamp 
Act 526 

" " 14. — Letter from David Ogden to Philip Kearney, rela- 
tive to a meeting of the lawyers to consult in regard 
to the resumption of business under the Stamp Act- - 531 

" " 29. — Report from the Lords of Trade, relative to the 
Annual Expence of the several establishments of the 
Colonies in North America and the West Indies 533 

" — Feb. 20. — The Attitude of the lawyers of New Jersey towards 

the Stamp Act 536 

" " 20. — Determination of the New Jersey la^^yers to resume 
theij- practice regardless of the Stamp Act — Action 
of the Sons of Liberty 546 

" " 8. — Letter from Colonel William Skinner to James 
Parker, informing him of the action of Parliament 
m lelation to the Stamp Act. 548 

" — Marcli 1. — Circular Letter from Secretary Conway, announc- 
ing the progress made in Parliament for the repeal 
of the Stamp Act - 549 



CONTENTS. XIX 

PAGE. 

1766 — March 31. — Circular Letter from Mr. Conway, transmitting 
copies of Acts of Parliament, for securing the depen- 
dency of the Colonies on the Mother Country, and for 
the repeal of the Stamp Act 550 

" — June 13. — Circular Letter from the Duke of Richmond, trans- 
mitting an Act of Parliament to indemnify such per- 
sons as have incurred the penalty of the Stamp Act. 553 

" '• 19. — Letter from Uovernor Franklin to Secretary Con- 
way, transmitting a copy of his speech to the Coun- 
cil and Assembly, congratulating them on the repeal 
of the Stamp Act; also the address of those bodies 
to His Majesty ^ 555 

" " — . — Reply of the Council to the abovementioned speech. 562 

'• — Aug. 1. — Circular from the Lords of Trade to Governors in 
America, requiring an account of the several manu- 
factures carried on in their respective governments.. 563 

" " 3. — Proclamation of the Governor of Xew York, rela- 
tive to the robbery of the East Jersey Treasury 564 

" " 9. — Additional instruction to the Governors in America, 

regulating their correspondence 566 

" — Sept. 10. — Letter from Governor Franklin to the Lords of 
Trade, transmitting votes of the Assembly, and laws 
passed at the last session 567 

" " 11. — Letter from Governor Franklin to the Duke of 
Richmond, acknowledging receipt of Acts of Parlia- 
ment, relative to America 568 

" " 13. — Circular letter from the Earl of Shelburne, relative 
to complaints concerning the murdering of Indians 
under British laroteetion 569 

" " 13. — Letter from Secreta: y Shelburne to Governor Frank- 
lin, conveying the King's approval of the conduct of 
the people of New Jersey, and his own during the 
late disturbances 570 

" " 25. — Letter from Henry Wilmot to Cortlandt Skinner, 

relative to his appointment as tigent of the Province. 571 

" — Dec. 11. — Circular Letter to Governors in America, request- 
ing an exact estimate of the aimual charge of main- 
taining the entire establishment of their respective 
Provinces; also the mode of imposing quit-rents, 
and of granting lands 573 

" " 16. — Letter from Governor Franklin to the Earl of 
Shelburne, concerning the murders and violences 
committed on the Indians, and the Act for Supply- 
ing the Barracks .. 574 

" " 23, — Letter from Governor Franklin to the Earl of 



XX CONTEXTS. 

PAGE. 

Shelbume, announcing the trial and execution of one 

Seymour for murdering an Oneida Indian 578 

1766— Dee. 28.— Account by Governor Franklin of the Standing 
Salaries annually granted to the officers of the gov- 
ernment of New Jersey 579 

1707— .Jan. 20. — Letter from John Stevens to James Parker, giving 
the names of a Commission, just arrived, for settling 
the line between New York and New Jersey 581 

" " 28. — Petition of Peter Hasenelever & Company to the 
Earl of Shelburne. praying that they may be allowed 
to purchase lands at St. Rlaurice - 583 

" — Feb. 21.— Letter from Governor Franklin to Secretary Shel- 
burne, I'elative to the annual charges in the Province, 
as well as to the Quit-Rents 586 

" —April 2. — Order referring the petition of Mr. Wilraot, Agent 
for New Jersey, to the King, for alterations in the 
list of Commissioners for settling the boundary line. 588 

" ■' 12. — Letter from Governor Franklin to Secretary Shel- 
burne, transmitting a list of the fees taken in the dif- 
ferent ofBces in the Province of New Jersey 592 

" " 13. — Order in Council approving of fourteen Seals for 

the several Colonies in America. .. 618 

" " 16. — Report of the Lords of Trade of the Establishment 
of ^the Salaries of Governors, Judges and other 
principal officers of justice in the American Colo- 
nies 619 

" " 30. — Letter from the Board of Admiralty to Secretary 
Shelburne, relative to the establishment of Admiralty 
Courts in the Colonies 620 

'• — May 23. — Letter from Seci-etary Pownall to Mr. Wilmot, rel- 
ative to changes in the list of Commissioners for set- 
tling the boundary question 622 

" — June 3. — Representation from the Board of Trade, relative 
to the Commissioners for settling the boundaiy line, 
with a list of the same 623 

" '• 10. — Letter from Gov. Franklin to Benjamin Franklin 625 

" " 25. — Report of the Attorney and Solicitor General to 

the Lords of Trade, relative to an act for preserving 
ships which may happen to be forced on shore, or 
stranded upon the coast of England or of its Colonies 628 

" " 26. — Order in Council approving the draft of the Com- 
mission to settle the boundary between New York 
and New Jersey 630 

" —July 18.— Letter from Secretary Shelbume to Gov. Franklin, 
conveying the King's displeasure with the Assembly 



CONTENTS. XXI 

PAGE. 

for avoiding obedience to an Act of Parliament in re- 
gard to punishing mutiny and desertion 636 

1767— July 24.— Draft of an Instruction to the Governors of North 
America, forbidding any alteration in the number of 
the Assembly 637 

'■ —Aug, 26.— Order in t'ouneil approving an Instruction requir- 
ing the Governor of New Jersey not to assent to any 
law touching the number, duration, etc., of the 
Assembly 638 

" —Oct. 6.— Letter from Governor Franklin to Secretary Shel- 
burne, acknowledging the receipt of an act for grant- 
ing certain duties in the British Colonies, and the 
new Seal of New J ersey 640 

'' " 23.— Letter from Gov. Franklin to Benjamin Franklin, 
in relation to rumors of an attempt to have the Gov- 
ernor removed 640 

<i '( 22.— Letter from Governor Franklin to Secretary Shel- 
burne, relative to the inequality of the expense of 
quartering troops in the Colonies 642 



NEW JERSEY 

COLONIAL DOCUMENTS. 



Letter from Thomas Pownall, Lieutenant-Governor 
of New Jersey, to the Secretary of the Lords of 
Trade. 

[From P. R. O. B. T., New Jersey, Vol. 8, 1. 47.] 

New Jersey: 

Trenton Sepf: 23^ 1757. 

Sir 

I'beg Leave to acknowledge the Receipt of Your 
Letter dated Whitehall June the 3'^ enclosing a Copy 
of the Resolutions of the House of Commons of the 
23'^ of May last. 

The Sence of that Honorable House wiH have little 
effectual Influence here, unless the People have Reason 
to think that such a Resolution is introductory to some 
Act of Parliament, that may restore the Kmgs Govern- 
ment,to the just Form in which His Majesty has, by His 
several Charters and Commissions, estabhshed them. 
And under the situation that His Majesty's Governors 
are at present, the Bringing any of the Crown's Rights 
into Dispute with the People is the sure Way to lose 

them. . ^ . ,, 

I hope however, that I shall be able to maintain the 



2 ADMIN ISTKATIOK OF PKKSIDENT READING. [1757 

Administration of my Government in as good a Form 
as I received them from the Hands of my Predecessors. 
I have the Honor to be, Sir, 

Your most obed* & Most humble Servant, 

T. POWNALL.' 

To J Pownall Esq. Secretary to y' R^ Hon*^" Board of 
Trade &c 



Letter of Lieut. -Gov. Pownall of New Jersey to John 
Reading, President of the Council — on leaving the 
Government in his hands. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 56.] 

Trenton Sepf: 23*^ 1757. 
Sir, 

Being appointed by His Majesty's Commission to 
me as Lieutenant Governor of His Province of New 
Jersey to administer (in Case of the Death of the Gov- 
ernor in Chief) the Powers contained in His Majesty's 
Commission & Instructions to His Governor; and 
knowing how essential to the Peace & Property, and 
consequently the Liberties of the Subject, a due 
Execution of the Powers of Government as granted 
by the Crown to this Province is, I did immediately 
repair to this Province upon my first hearing of the 
Death of Governor Belcher. The Government must 



1 Thomas Pownall, of Evertoii house, Bedfordshire, was son of William Pownall, 
Esq., and was born in 1720. He was brother of John Pownall, the Secretary of the 
Lords of Trade, through whose influence he was appointed, in 1755, Lieutenant- 
Governor of New Jersey, Governor Belcher at that time beinar quite infirm. He 
succeeded Mr. Shu-ley as Governor of Massachusetts in 1757, and on Governor Bel- 
cher's death that year, visited New Jersey in order to assume the government of 
that province also, but finding it impracticable to retain the administration of both 
provinces at the same time, he returned to Boston. In November, 17.59, he was 
nominated for the government of South Carolina, but he does not appear to have 
entered upon the duties of that office. He retiu-ned' to England in June, 1760, and 
is not mentioned as having again visited America, with whose history, geography 
and polity he had made himself thoroughly acquainted and wrote several works 
thereon. He became a member of ParUament, and filled several other important 
positions, and died on the S6th of February, 1805, in the 85th year of his age.— Dr. 
O'Callaghan in N. Y. Col. Docts., Vol. VI., p. 1009.— Ed. 



1757] ADMIKISTEATION OF PRESIDENT READING. 3 

at all Times upon my Absence from the Province de- 
volve upon the Eldest Councellor. I was therefore 
extreamly happy upon my Arrival to find it in the 
Hands of a Gentleman so worthy as Yourself. I must 
acquaint You Sir, that I have given my Consent to 5 
Eesolves of the two Houses of Legislature for Eaising 
One Company of a Hundred Rangers as asked by Lord 
Loudoun for His Majesty's Service. The Necessity of 
His Majesty's Service in my Government of the Mass- 
achussetts Bay, requires my immediate Return to that 
Province. The Administration here by His Majesty's 
Commands devolves on you upon my Departure from 
this Province; To your Wisdom & Care I recommend 
His Majesty's Service and the Peace & Interest of the 
Province. I am extreamly sorry for your own Sake, 
and that of the Province that you are in so ill State of 
Health, & so feeble a Condition of Body, bat I trust 
by God's Favour you will be able to carry on the ordi- 
nary Administration of Government, and tho' the 
Journey from Boston to this Province be long & fatigu- 
ing, Yet if any matter extraordinary, or of such a 
Nature as requires more vigorous Execution than your 
weak State of Health wall enable you to go thro with 
I will upon Notice from you at a Moments Warning, 
repair hither to the Aid & Service of the Province. 
I have y* honor to be &c 

T. POWNALL 

To the Hoiible John Reading' Esq' Presid" of His 
Majesty's Province New Jersey. 



' President Reading was the son of 




and Elizabeth, his wife, Quakers, who emigrated from England on account of the 
persecution to which their people were subjected.— Ftrsi Century of Hunterdon 
County, by the Rev. George S. Mott, D. D., 1878, p. 28. They setted within 



ADMIJSriSTRATION OF PEESIDENT READING. [1757 



Address of the Council of New Jersey to Thomas 
Pownall, Lieut. -Governor, and his Answer. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 57.] 

To THE HONOUEABLE ThOMAS POWNALL ESQ"^ 

Lieutenant Governor and Commander in 
Chief of His Majesty's Colony of New Jer- 
sey. 

The Humble Address of His Majesty's Council 
of said Colony. 

May it Please Your Honour. 

We His Majesty's Council of the Colony of New Jer- 
sey, beg Leave to congratulate Y ou on Your Arrival 
here. Your undertaking so long a Journey and leav- 
ing the Weighty Government to vt^hich His Majesty 
has been pleased to apiDoint You, in Order to establish 
the Government in this Colony, vs^hich was for some 



the precincts of Gloucester, of which county the elder Reading was Clerk and 
Recorder from 1687 to 1711, and possibly longer. — ii'iVs^ Settlers of Newton 
ToimisMp,hj John Clement, 1877, pp. )i%, 95, 143, 24.5, 291; Lemning and Spicer, 
536,544,553, 566; Reminiscences of Old Gloucester, by Isaac Mickle, 2d ed., 1877, 
p. 47. In 1697 he was a member of the House of Representatives of West 
Jersey (N. J. Archives, 11, 146), and in 1702 was recommended for a seat in the 
Coimcil of the United Province.— 76., 486. He was one of the West Jersey Council 
of Proprietors in 1706-7, and probably continuously thereafter, as in 1711 he was 
still a Proprietor, and was Clerk to the Council of West Jersey Proprietors.— 
lb., ni, 221; IV, 62. In 1711 Governor Hunter directed a commission to be 
issued to Mr. Reading as one of the Supreme Court Judges of the Province.— 
lb., IV, 140. He was again recommended in 1711 and in 1712 for a seat in the 
Governor's Council, and in 1713 the recommendation was approved {lb., 62 
153, 171, 182-3), and he continued to enjoy the dignity mitil his death, which 
appears to have occurred in 1717.— 16., 333. In 1095 he became the owner of 
the ferry at Gloucester Point, and carried on the ferry under a license from 
the coimty untU I'iO".— First Settlers of Newton Tou-nship, 290. From the map 
of Gloucester and subm-bs, drawn by Thomas Shai-pe in 1689, and pubUshed 
in Mickle's " Reminiscences of Old Gloucester," 2d ed., p. 40, Reading appears to 
have been a large property owner in ana about tliat town. He, with William 
tiiddle and William Mills, was sent in 1703 to pm-ehase the great tract of 1.50,000 
acres, between the Raritan and Delaware. His residence was burned down in 
1711, wliich doubtless occasioned his removal from Old Gloucester to his tract of 



1757] 



ADMINISTRATION OF PEESIDENT READING. 



Days unsettled, thro' the Reluctance of the Gentleman 
on whom the Administration devolved, by His Majes- 
ty's Royal Commission and Instructions, to lay him- 
self under a Necessity at and advanced Age to appear 
in Publick Character, and a Scene of Business, was a 
Favour more than We cou'd Expect. 

And We esteem Your Coming to take upon Your- 
self the Admiuistration, as an evident Proof of Your 
Zeal for His Majesty's Service, and of Your Regard for 
this Province, for which we Return You our hearty 
Thanks, and doubt not but the Colony will consider 
themselves under an Obligation for so singular an In- 
stance of Your Care. By Order of the Board 

Sept^ 231 ir57 





land above LambertviUe, where he died, and was buried in the grounds of the 
Buckingham Friends" Meeting, in Buclcs County, Penn. — First Century of Hunter- 
don County, p. 29; First Settlers of Newton Township, 291. The statement that he 
was a member of the Council of West Jersey that met at Bm-Ungton in 1G83 is not 
borne out by the list given in Learning and Spicer, for that year. 



the son, was bom June 6th, 1686, and died Nov- 
ember 7th, 1767. He and his sister Elsie, when 
children, were taken to England by their mother 
to be educated. She remained with them nine 
years, attending to their education, the father 
living in this country. On the return of the son it was found that he had 
embraced the doctrines of the Presbyterians, to which he was ardently attached 
all his life. He married Mary Ryerson, a sister of Joseph Ryerson, then a Lieuten- 
ant in the British sei'vice. [Sabine''s Loyalists, II, 250.] He succeeded to the 
greater part of his father's estate, and followed his father's occupation. In 1712 to 
1715 he surveyed tracts for parties in Burlington, who were locating lands through 
the Amwell Valley, imder the grants of the dividend of 1703. At the same time, with 
an eye to a valuable purchase, which a sm'veyor would be supposed to have, he 
secured for himself 600 acres along the South Branch, two miles from Fleming, 
ton, where afterwards, on a beautiful site, he built the Reading homestead, now 
(1878) occupied by Philip Brown. He is said to have planted the walnut trees grow- 
ing there. He owned thi-ee mill properties, including the farms now (1878) in pos- 
session of Barton, Stothoff, Deats, Ewiug, Clark and Brown. He was one of the 
first Trustees of Princeton College. His name is at the head of the list in 1748.— 
History of the' College of New Jersey, by John Maclean, 1877,1,48. His influence 



6 ADMINISTRATION OF PKESIDENT READING. [1757 

ANSWER. 

Gentlemen 

I thank You for Your obliging Congratulations. 
Your kind Acceptance of My Services cannot but be 
very agreable to rae. My Duty to His Majesty and 
the Province Demand my Considering the Service, not 
the Trouble. And You may be assured that I will, at 
all Times, give my utmost Attention to the Interest 
and Welfare of the Province, and will at all Times be 
ready to attend its Service. 



Address of the Corporation of the City of Perth Am- 
hoy to Lieut. -Gov. Pownall, and his Answer. 

[From P. R. O. B. T. New Jersej% Vol. 8, 1. 58.] 

To THE Hon'''''' Thomas Pownall Esq^ Lieut. 
Governour and Commander in Chief of His 
Majesty's Colony of New Jersey &c. 

May it Please your Honour, 

We the Mayor Recorder and Aldermen of the City 
of Perth Amboy beg leave to Congratulate your 
Honour upon your Accession to the Government of 
the Massachusetts Bay in New England and your Ar- 
rival to this His Majesty's Government of New Jersey 



and services and money were freely bestowed to lay the foundation of religious 
privileges, educational advantages and national freedom, upon which we are now 
building. He had seven sons and three daughters. Five of the sons settled near 
him, and perpetuated the moral and religious influence of their sire. They were 
prominent in cliurch matters, and took a lively interest in the revolutionary strug- 
gle. The youngest, Thomas, was a captain in the third battalion of the Jersey 
brigade; and three grandsons were commissioned in the same service. Mi'. Read- 
ing's oldest daughter, Ann, married the Rev. Charles Beatty, one of the fli-st 
graduates of the old Log College, of Neshaminy, Pennsylvania. He was a co- 
worker with the Tennents in this State, and a prominent clergyman all his life. 
They were the progenitors of a numerous line of descendants, some of whom have 
been conspicuous in church and state. On the female side, eight married Presby- 
terian ministers. One of the sous. General John Beatty, was in the Revolutionary 



1757] ADMIKTSTRATION OF PRESIDENT READING. 7 

In comeing to which your Honour has shown that Dis- 
tance is no Hindrance to your Zeal for the good of 
those you are appointed to Govern and that no Fatigue 
can check that indefatigable Application your Honour 
has always shown for His Majesty's Service. 

We can't but Regret your Honour's short Stay 
among us, since we might with the greatest Reason 
hope from your Honour's Knowledge and Abilities as 
well as from the Trust His Majesty reposes in you 
that your Residence among us might be of the great- 
est Consequence to our Welfare but as your Honour's 
Care for His Majesty's Government of the Massachu- 
setts requires your immediate Return. We heartily 
wish your Honour a prosperous Journey and happy 
Arrival in that Government, where we hope your 



war, and so was his brother, Colonel Erkmies Beatty. Elizabeth, another daughter 
of President Reading, married John Hackett, from whom HackettstowTi derived 
its name.'' —First Century of Hunterdon County, pp. ^8-31. In 1719, Jlr. Reading 
was one of the commissioners to adjust the northern boundary with New York 
{Archives, IV., 394), and in 1740 was appointed to a like service in settling the Une 
between Blassachusetts and Rhode Island. — Papers of Governor Lewis Morris, 1852 
p. 99; N. Y. Col. Docs., VI., 168. He was recommended in 1718 for a seat in the 
Council (lb., v., 521), and was appointed in 1730 (lb., V., 521), serving thereafter 
until 1758. In 1728 he was named as one of the commissioners for West Jersey to 
try pirates, who then aboimded along the Atlantic coast.— ^rc/u'ves, V., 197. On 
the death of President John Hamilton, June 17, 1747, Mr. Reading, as the senior 
Coimcillor, became President of the Council, and assumed the duties of Governor 
(lb., VI., 462), but gladly surrendered the seals to Governor Belcher two months 
later.— /6., VH., 11. When Governor Belcher died, August 31, 1757, President 
Reading was in his seventy-third year, and was " very bad of a Sore Leg," so that 
it was out of the question for him to attend the meetings of the Legislature, to take 
upon himself the active duties of the Administration, and he strenuously begged to 
be allowed to resign, to which the friends of Robert Hunter Morris would have 
gladly assented, as this would have left the Administration in that gentleman's 
hands. However, as it could not be settled that a Councillor could resign without 
the Royal assent, Mr. Reading with great reluctance qualified as acting-Governor, 
and took upon himself the administration (lb., VHI., Pt. 2, pp. 259-270), which he 
retained practically imtil the arrival of Governor Bernard, in June, 1758. Six 
months later he was relieved from his official duties by the appointment of Chai'les 
Read in his stead as Councillor. (See post, under date December 12, 1758.) "At 
the riije age of eighty-one his long, useful and honored career ended, amid the 
quiet of that beautiful spot which, under his cultivation, had emerged from a forest 
into a garden. By the side of Hunterdon's ancient thoroughfare, the Old York 
Road, in the graveyard of the old AmweU chm-ch, his ashes lie.''— The Rev. Dr. 
Mott, ut supra. The autograph given as that of President Reading, in Vol. VI., of 
these Archives, pp. 142 and 462, and in Vol. VH., p. 25, is that of his father.— [W. N.] 



8 ADMINISTRATION OF PRESIDENT READING. [1757 

Honour will still afford us that Protection and Favour 
which we may reasonably expect from that Candor 
and Generosity which will always move you to do 
good to those who are committed to your Care. 
Perth Amboy September 24*!' 1Y57 

[answer.] 
Geyitlemen, 

Your Gratefull Sense of my Endeavors to do my 
Duty towards y'' Province cannot but be very agreable 
to me & I am obliged to you for your kind Congratu- 
lations. 

Tho' y'^ Necessity of His Majesty's Service in my 
(jrovernment of Massachusetts-bay will remove my 
Eesidence from amongt you, yet nothing shall ever re- 
move my attention from y*" Interest & Welfare of y*" 
Province of New Jersey. And T will alway stand- 
ready to give my Personal Attendance in the Province 
whenever any matter shall arise that may require it. 

T. POWNALL 



Letter from William Skinner to his father at Perth 
Amboy — Had received a Commission as Lieu- 
tenant in the Regular Army in Cornwallis'' s 
Regiment. 

[From MSS of Wm. A. Wliitehead, in possession of N. J. Hist. Soc] 

London 7th October 1757 
Dear Sir 

I have the pleasure to acquaint you that I rece'd a 
letter from my Lord Barrington yesterday in which 
he told me that I was appointed a Lieut' in Generall 
Cornwallis Eegiment, and take place of all the Lieut'' 
appointed in Consequence of the present augmentation, 
which is an additional Lieut to every Company in his 



1757] ADMINTiSTRATION OF PRESIDENT READING. 9 

Majesty's Service. General Cornwallis' Eegiment Con- 
sists of two Battaliions. The first is gone upon this 
Secret Expedition, the other is quartered at Gosport. 
I consulted with my friends whether I should accept 
of it or not, who all advised me to take it. The Duke of 
Grafton, my Lord Harford, and ma.ny others tryed to 
get me a Company before they went out of Town, but 
there were so many trying for Companys (who had a 
better right to expect it than I had) and were obliged 
to accept of Lieut^', that I thought it better to accept 
of my Lord Barrington's offer, and trust to the Inter- 
est I have for my farther promotion. 

There Came advise yesterday that our fleet had taken 
an Island near Rochfort, and also Island Aye near 
Bourdeaux with little opposition, and that they are 
now ui^on their way back, but I Cant say it of a certain- 
ty, for there are different acccounts every day. * * * 

All the officers and men of Coll. Schuyler's Regiment 
are arrived at Plymouth excepting Coll. Schuyler and 
Doctor Stakes who are kept at Quebeck for reasons 
unknown to every body. Before the people landed at 
Plymouth, I had applyed to my Lord Barrington, 
Secretary of War, and told him that part of the New 
Jersey Regiment were taken at Oswego, and expected 
that they would be sent to Plymouth or Portsmouth, 
in the next exchange from France and should be 
obliged to his Lordship if he would order them to be 
subsisted as soon as they landed. His answer was 
that he had nothing to do with the Provincial Troops, 
but advised me to write to Mr. Pitt, Secretary of State, 
which I did, and Mr. Pitt wrote to Mr. Partridge, 
Agent for the Province of New Jersey, who wrote Mr. 
Pitt that he could do nothing for them without orders 
from the Province, upon which I wrote another letter 
to the Secretary of State, and told him that it was 
very cruel that so many fine fellows who had served 
their Country for two years past should be so neglected 



10 ADMINISTRATION OF PRESIDENT READING. [1757 

by their Mother Country as to want Common neces- 
sarys of hfe, and at the same time told him that if the 
Government of England would not subsist them and 
send them back to America upon their expence, I- did 
not doubt but tlie Province of New Jersey would pay 
it, upon which I got an order for their subsistence and 
also to send them to America. * * * 

Affectionately &c 

W" Skinner. 



Return of Stores at Schenectady, New York, made by 
Col. John Parker, 1Y57. 

[From the Orisiual, among the MSS. of G. D. W. Vroom.] 

Firelocks 270 — 

Cartouch boxes 400. 

Powdei* horns -lOO. 

Tents with Tent poles 100. 

Camp Kettles 80. 

Powder 14()(» Wt 

Lead 3000 

Reemes of cartridge paper • 16 

Drums 8 

Drum heads 10. 
N. B. I think the men had better have pouches 

instead of powder horns as they are always loosing 

the ball they have in their pockets. The pouches if 
approved of to be made after the form of tlie Royal 
Americans — 




1 John Parker, the son of John Parker, a member of Governor Bmnet's Council, 
1719-1732, was born November 7, 1739, received a mercantile education, served as 
midshipman, 17-15-50, and was at sea during the next fom- years. In the campaigns 



1757] ADMINISTRATION OF PRESIDENT READING. 11 



Order of the Lords of the Committee of Council for 
Plantation Affairs, referring to this Board a 
Petition of the Agent for the Assembly of Neiv 
Jersey, praying that the Governor he directed to 
assent to a Bill for emitting £60,000 in Paper 
Bills of Credit. 

[From P. R. O B. T. New Jersey, Vol. 8, I. 46.] 

At the Council Chamber Whitehall the 16'''' 
, of istovember 1757. 

1*^^*, By the Eight Honourable the Lords of 
|L.s.j- ^^ ^^^ Committee of Council for Planta- 
tion Affairs. 

His Majesty having been pleased, by His Order in 
Council of the 9"' of this Instant, to referr unto this 
Committee the humble Petition of Richard Partridge, 
Agent for and in behalf of the House of Representa- 
tives of the Colony of New Jersey in America, humbly 
Praying, for the Reasons therein contained, That His 
Majesty wiU be graciously pleased to signify His Royal 
Pleasure to the Governor or Commander in Chief of 
the said Colony, for the time being, to give his Assent 
to a Bill prepared by the said House of Representa- 
tives, in March last, Entituled ''An Act for making 
" Current Sixty Thousand Pounds in Bills of Credit, 
"to be emitted on Loan within the Colony of New 



of 1755-(j against the French he commanded a company in the fourth battalion of 
the Royal Americans, and after Col. Schuj-ler's capture at Oswego succeeded to 
the command of the New Jersey troops who had escaped capture. In July, 1757, 
he was at Fort William Heury, with the rank of colonel, and in seeking to attack 
the advance guard of the French at Ticonderoga, with thi-ee hunilred and fifty 
men, was ambushed, losing all but about eighty of his party. He died 1763, a^ 
Port Royal, in the West Indies, where he had engaged in active service against the 
French.— W7i(ie/teacrs History of Perth Amboy, etc., 130-133; Gordon^s History of 
New Jersey, 127-8.— W. N. 



12 ADMIIsriStRATION" OF PRESIDENT READING. [1757 

"Jersey, The Interest whereof to sink the further Sum 
"of Twenty Nine Thousand Pounds, to be also made 
"Current for the Immediate Service of the Crown, if 
"the same should be needed, otherwise for the Relief 
"of the said Colony." The Lords of the Committee 
this day took the same into their Consideration, and 
are hereby pleased to referr the said Petition (a Copy 
whereof is hereunto annexed) to the Lords Commis- 
sioners for Trade and Plantations, to consider thereof, 
and Report their Opinion thereupon to this Committee. 

W. Sharpe 



To George the Second King of Great Brit- 
ain &c^. in Council. 

The Petition of Eichard Partridge Agent for 
and in behalf of the House of Eepresenta- 
tives of the Colony of New Jersey in 
America. 

Humbly Shetueth 

That the said House of Representatives in General 
Assembly met, have represented that the continued 
Distresses of this the Kings dutiful and loyal Colony 
obhge them to renew their Application, That the 
King would be graciously pleased to accept of the 
little Assistance they are capable of giving, towards 
carrying on the War against the Common Enemy in 
those Parts, in a Manner that will best promote the 
End, and at the same time considerably lighten the 
Burthen of the King's willing Subjects. 

That the Paper Currency within this Colony has 
ever preserved its Credit, and, when emitted on Loan, 
has been of the greatest Advantage to Our Settlers, 
having enabled many Hundreds of them to begin, and 
go on with Improvements, that might otherwise have 
been either ruined in a Goal, or in a great Measure 



1757] ADMINISTRATION OP PRESIDENT READING. 13 

useless to the Coramunity; It has contributed greatly 
to the Value of Lands, and the Increase of the Kings 
Dominions in those Parts, and is generally acknowl- 
edged to have been greatly beneficial to this Young 
Colony in several other Eespects, having been ever 
emitted on a Fund incapable of depreciating or deceiv- 
ing; As such they humbly presume to offer a Bill for 
the Kings Eoyal Aj^probation, Entituled ' ' An Act for 
''making current Sixty Thousand Pounds in Bills of 
' ' Credit to be emitted on Loan within the Colony of 
"New Jersey, The Interest Whereof to sink the fur- 
"therSum of Twenty Nine Thousand Pounds to be 
'"also made Current for the immediate Service of the 
"Crown, if the same should be needed, other- 
" wise for the Rehef of the said Colony" Signed by 
Rob' Lawrance Speaker, dated IT"^?" of March 1757 
Which Bill the said Assembly hath sent over to the 
Petitioner (and is ready to be produced) being formed 
on the same Plan, and intended in the same Manner 
in every respect as the former Acts, but this Variation, 
That the Interest Money has heretofore been applied 
to the Support of this Government of New Jersey, but 
is now designed to be a fund for Sinking the Sum of 
Twenty Nine Thousand Pounds to be immediately 
prepared, and to be ready to be applied for Your Maj- 
estys Service for carrying on the present War in such 
Manner as the Legislature of this Colony shall find 
necessary. 

This Method for providing against next Summers 
or future Campaigns is the more expedient as the real 
Distress in which the War has already involved this 
Colony, both in defending itself against the Indians, 
in Furnishing at least the said Colonys Proportion of 
Men for Services Abroad, and in diverse other Re- 
spects, are such as require an Exertion of every Pru- 
dent Measure to prevent their being disabled from 
assisting the Common Cause hereafter, and thereby 



14 ADMIllflSTEATION" OF PKESIDENT READING. [1Y57 

run the Risque of declining in the Affections of their 
Gracious Sovereign, a Calamity they would by all 
Means willingly to avoid — 

And therefore it is most humbly Prayed that the 
King would be graciously pleased to signify His Royal 
Pleasure to the Governor or Commander in Chief of 
the said Colony for the time being for giving his 
Assent to the said Bill 

Which is humbly Submitted 

London Nov!^ 8. 1757. Rich? Partridge 



Letter from Lieutenant William Skinner to his father, 
Rev. William Skinner, of Perth Amhoy — giving 
an account of his promotion from the Provincial 
to the Royal troops. 

[From a copy among manuscripts of W. A. Whitehead, from the original in the 
possession of Lord Gage, Lieutenant Skinner's grandson.] 

GOSPORT Nov'.- 25'!' 1757 
Dear Sir 

I have the pleasure to acquaint you that I am a 
Lieut' in the lirst Battallion of General Cornwallis's 
Regiment & have Nine or Ten under me. The difii- 
cultys I mett with in Ari-iving to that rank are more 
than you can Imagine. When I gott to London which 
was some time in June last, I made up my Provincial 
Regimentals, drew up a memorial and presented it to 
my Lord Barrington the Secretary at Warr, The an- 
swer I gott from him was quite contrary to what I ex- 
pected, for his Lordship told me that he pitied my Case 
but could do nothing for me, because I was a Provin- 
cial Officer, and of Consequence not under his Depart- 
ment, this answer chagreened me much, and what 
other step to take I cou'd not tell, but being deter- 



1757] ADMIlSriSTRATIOlSr OF PRESIDENT READING. 15 

mined to try every method, and lucky for me at that 
time, getting acquainted with M'' Fitzroy, Brother to the 
Duke of Grafton, who was a courting Miss Warren, I 
was resolved to petition the King, which I did at 
a time when the Court was in Mourning for the Queen 
of Prussia, and as every Officer that has a petition to 
deliver goes in his Eegimentals, I did the same, when 
I entered into the first room, whom shou'd I meet, but 
the Yeoman of the Guards who came up to me in a 
rough manner, and told me the Court was in Mourn- 
ing, and that my Dress was not suitable to the times, 
and cou'd not be admitted, the answer I gave him was 
very short, which was, that I had a Petition to deliver 
the King, and was determined to see him, and passed 
him Immediately, and gott into a Room where there 
was a large Levy of most of the Nobility in England. 
I looked about me for my good Friend Fitz-Roy, who 
I at last Discovered, and spoke to him, he went direct- 
ly to my Lord Harford, the Duke of New Castle, Lord 
Lennox, and many others, and told them I was a. Re- 
lation of Lady Warrens, and a friend of his, and In- 
troduced me to them which made every body else in 
the Levy room Inquisitive to know who I was, and my 
Business, which my good friend told them, The next 
thing was to know where I should place myself and in 
what manner I shou'd present my Petition to the 
King ; wiiich my Lord Harford was so kind as to In- 
struct me in, and took the trouble to place me himself 
which was by the door that the King passed through 
to his bed chamber, and ordered me when the King 
returned that way, to kneel upon my right knee and 
present it to him, which I did with great Resolution, 
and a genteel posture, considering where I was born, 
when I presented it, the King stopped and looked at 
me, took it out of my hand went into his Bed Chamber 
and did nie the honour of reading it himself, upon 
which my Lord Harford came to me and told me, that 



16 ADMINISTRATION OF PKESIDENT READING. [1757 

he did not doubt but that it would succeed, for says 
he the King has read your Petition which I never 
knew hira to do before, for Lord in waiting always 
reads it to the King. This Eeception gave me great 
Encouragement, and went home well satisfied. Three 
Days after that I attended My Lord Barringtons Levy, 
and asked him whether the King had spoken to him 
about me, his Lordship told me that he had, and re- 
peated the Words as the King sjDokethem, which were, 
that one Cap* Skinner an American, belonging to a 
Provincial Eegiment had Dehv'' a Petition, I like the 
the Mans looks, he is fitt to serve me, provide for him. 
Immediately, upon which I asked his Lordship 
whether I should gett what I petitioned for, he told 
me he did not know, but that I shou'd be provided for 
Immediately I waited three Months and Rec" a let- 
ter from his Lordship, telling me that he had the 
pleasure to acquaint me that I was appointed a Lieu* 
in Gen' Cornwallis Regiment, and made the Eldest in 
y*" Augmentation. I waited on him and told him I 
would not accept of it, for I thought, my serving re- 
quired something better, but at last took it, with 
the precise that I should be soon promoted. The 
next thing was to gett my Brother' provided for, and 
how to do that I did not know, for he had gott the 
same answer from my Lord Barrington that I had 
first, and was advised by M' Fitz Roy to petition my 
Lord Anson for a Lieu*'' in the Marines, which so far 
succeeded, that he gott the promise of the first Vacan- 
cy, and as there was a search expedition going on, I 



' John Skinner entered the Provincial service at the same time with his brother, 
became a Lieutenant in his company and was taken prisoner with him at Oswego. 
The regiment to which he became attached, as in the text, was sent to America, 
and on Jime inth. 1768, he v.-as promoted to a Captaincy, became a major in the 
70th Regiment, retm-ued with it to England, and remained there during the Revolu- 
tion. He subsequently returned to America, took up his residence at Amboy, and 
married a daughter of Philip Kearny, and died there in December, 1797.— See Con- 
tributions to the Early Histori/ of Perth Amboy, p. 119.— Ed. 



1757] ADMINTSTRATION OF PRESIDENT REAniNTG. 17 

advised him to go a Volunteer in my Lord Loudon's 
Eegiraent which he did and did duty in the Grenadier 
Comp^, his Behaviour there was so agreeable to the 
officers, that when they Returned they Petitioned my 
Lord Barrington that he should be appointed to that 
Regiment, where he is now an Ensign. 

To relate the trouble I have mett with in getting 
Subsistance for the Provincial Troops, as they landed 
from Old and New France would be too Tedious to 
mention, but can't help telling you that M' Partridge 
the Agent for our Province, is a Dammed Scoundrell, 
all that he would do, was this, if M' Pitt y'' Secretary 
of State (to whom I had wrote several letters about 
subsisting the Provincials and sending them to Amer- 
ica) would advance money to the Provincial Officers 
for their Subsistence, he would give his note for y^ 
sum, to be p*' out of the next Cash he had in his hands 
belonging to the Province, but wou'd not advance it 
himself, tho he is worth at least £30000 Sterling — he 
is much such another as old John Watson.' Therefore 
not fitt for the Post he is Intrusted with. * ^ * * 

In the last letter I wrote you I begged it as a partic- 
ular favor that you wou'd send me a Negro boy of 
about 12 or 13 years old, whom I have promised to M 
Fitz Roy (if he is younger so much the better) Pray 
Indulge me with one, for a present of that kind will 
be of more Service to my Bro"^ and me, than you can 
Imagine, lett him be sent by a Man of Warr, to Lady 
Warrens Cavendish Square London 

Be so good as he write M' Fitz Roy and thank him 
for his goodness to me and my Bro' for [I] do assure 
[you] there is no body here that I am so much obliged 
to as I am to him. 

There are more Reg" to be sent to America in the 



' John "Watson, the artist, an old resident of Perth Amboy, whose penurious 
habits gained for him among his neighbors the titles of miser and usurer.— Co>ih-i- 
b utions to the Early History of Perth Amboy, p. 126.— Ed. 

2 



18 ADMINISTKATION OF PRESIDENT READING. [1757 

Spring, and in all probability this will be one as it lyes 
so convenient to Embark which I hope may be the 
Case that I may once more have the happiness to see 
America * * ^ * 

Dear Sir Your Most affectionate 

and Dutiful Son 

W" Skinner 



License to Joseph Price as Branch Pilot. 

[From New York Colonial MSS., Vol. LXXXV, p. 47.] 

We the Subscribers appointed Master and Wardens 
of the Port of New York by Virtue of an Act of the 
Governor Councell and General Assembly of this 
Province lately made Entituled [An Act for regulating 
the Pilots and Establishing their Pilotage between 
Sandy Hook and the Port of New York and other 
purposes therein mentioned] Do hereby Certify that 
We having Examined Joseph Price of the Province of 
East New Jersey Boatman (According to the Direc- 
tions of the said Act) do find him duly Qualified for 
the Office of a Branch Pilot — As Witness our Hands 
and Seals this Fourteenth Day of December In the 
year of our Lord One thousand Seven hundred and 
fifty Seven. 

Jas P Earmer [l. s. 

Jas. Jauncey [l. s. 

Leonard Lispenard [l. s. 

Jn? Waddell [l. s. 

Jn? Leake [l. s. 

RichP Jeffery [l. s. 



1757] ADMIlSriSTRATIOISr OF PRESIDENT READING. 19 



Warrant settling the Rank of Provincial Officers in 
North America. 

[From New York Colonial MSS., fol. 60.] 

George R. 

[l. s.] Whereas by our Warrant bearing date the 
twelfth day of November 1754 in the twenty-eighth 
year of our Reign We were pleased to declare, that all 
Troops serving by Commission signed by Us or by our 
General Commanding in chief in North America, shall 
take Rank before all Troops which may serve by Com- 
mission from any of the Governors, Lieutenant or 
Deputy Governors or Presidents for the time being of 
our Provinces in North America; and that the General 
and Field Officers of the Provincial Troops should have 
no Rank with the General and Field Officers, who 
serve by Commission from Us, But that all Captains 
and other Inferior Officers of Our Forces, who are or 
may be employed in North America, are on all Detach- 
ments, Courts Martial or other Duty, wherein they 
may be joined with officers Serving by Commission 
from the Governors, Lieutenant or Deputy Governors, 
or Presidents for the Time being of the said Provinces 
to Command and take Post of the said Provincial 
officers of the like Rank, tho' the Commission of the 
said Provincial Officers of the like Rank should be of 
Elder date. And Whereas by another Wariant bear- 
ing date the twelfth day of May 1756 in the Twenty 
ninth year of our Reign We were pleased, further to 
declare, that all General and Field Officers serving by 
Commission from the Governors, Lieutenant or 
Deputy Governors or Presidents of the Council for the 
Time being of our Provinces in North America should 
take Rank as eldest Captains on all Detachments, 
Courts Martial or other Duty, wherein the said General 
and Field Officers may be employed in North America, 
in Conjunction with our Regular Forces And Whereas 



20 ADMINISTRATION" OF PRESIDENT READING. [1757 

notwithstanding the Eegulations above recited, Diffi- 
culties have arisen with regard to the Rank of the 
Provincial Officers, when acting in Conjunction with 
our Eegular Forces; And We being wilhng to give due 
Encouragement to Officers serving in Our Provincial 
Troops, are hereby pleased to declare, that it is our 
Will and Pleasure, that, for the future, all General 
Officers and Colonels serving by Commission from the 
Governors, Lieutenant or Deputy Governors or Presi- 
dents of the Council for the Time being of our Prov- 
inces and Colonies in North America shall on all De- 
tachments" Courts Martial or other duty, wherein they 
may be employed in Conjunction with our Regular 
Forces take Rank next after all Colonels serving by 
Commissions Signed by Us, though the Commissions 
of such Provincial Generals and Colonels should be of 
elder date : And in like manner that all Lieutenants 
Colonels, Majors, Captains and other Inferior Officers 
serving by Commissions from the Governors, Lieuten- 
ant or Deputy Governors or Presidents of the Council 
for the time being of our said Provinces and Colonies 
in North America shall on all Detachments, Courts 
Martial or other duty, wherein they may be employed 
in Conjunction with our Regular Forces, have Rank 
next after all Officers of the Uke Rank serving by 
Commissions Signed by Us or by our General Com- 
mander in chief in North America, though the Com- 
missions of such Provincial Lieutenant Colonels, 
Majors, Captains and other Inferior Officers should be 
of elder date to those of hke Rank signed by Us or by 
our said General. Given at our Court at St. James's 
the thirteenth day of December I'TST in the thirty first 
Year of our Reign. 

By his Majesty's Command 

W. Pitt 
New York. 

A true Copy of the Original Exam'^ by 
Geo Banyar D Secry 



1758] ADMIKISTEATION OF PRESIDENT KEADIXG. 



21 



Order of His Majesty in Council approving a Repre- 
sentation of the Lords of Trade, proposing Fran- 
cis Bernard to he Governor of New Jersey and 
directing a Commission to he prepared. 

[From P. R. O. B. T., New Jersey, Vol. 8, 1. 60.] 

At the Court at S^ James's the 27^° day of 
January 1758 

Present 

The Kings most Excellent Majesty 

IN Council 



L. S. 



Upon reading this day at the Board, a Eepresentation 
from the Lords Commissioners for Trade and Planta- 
tion, dated the 26'^ of this Instant, Proposing that 
Francis Bernard Esq."" may be appointed Captain Gen- 
eral and Governor in Chief of the Province of New 
Jersey, in the room of Jonathan Belcher Esq' deceased. 
His Majesty in Council approving thereof, is pleased 
to Order, as it is hereby Ordered, that the said Francis 
Bernard Esq' ' be constituted and appointed Captain 

<^ ^ y^ /^^ ^ was descended from a re- 

S^_y2-tZ^ . Kj^J ^^9'It^^!^'^'7X,=:> spectable famUy in Eng- 
land, had been educated at Oxford, and was engaged in the profession of the Law at 
the time of his appointment, being a Proctor or Sohcitor at Doctor's Commons in 
London. He landed at Perth Amboy Wednesday, Jvme 14th, 1758, from "His 
Majesty's Ship the Terrible," on board of which he had come from England, hav- 
mg with him his wife and family, and the papers of the day fm-nish a very partic- 
ular account of his reception in the Province. On the second day after his arrival, 
attended by the members of his Council, the Blayor and other authorities of the 
City, the Governor proceeded to the town hall and published his commission in the 
usual mode, by causing it to be read aloud in the presence and hearing of the 
assembled multitude. The ensuing day the Coi-poration of the City waited upon 
him, and, by Samuel Nevill, the Mayor, presented him with the usual complimen- 
tary address, and the C'oii^oration of Elizabeth the same day went through the 
same ceremony. Burlington, sharing with Amboy the honors of government, it 
was necessary that his commission should also be proclaimed there. He started 



23 ADMlNISTRATiOJSr OF PRESIDENT READING. [1758 

General and Governor in Chief of His Majesty's said 
Province of New Jersey, in the room of the said Jona- 
than Belcher Esq.'' deceased. And that the said Lords 
Commissioners for Trade and Plantations, do prepare 
a Draught of a Commission, and Warrant for passing 
the same under the Great Seal, and also Draughts of 
Instructions for the said Francis Bernard, and lay the 
same before His Majesty at this Board for His Royal 
Approbation, 

W. Blair. 



therefore from Aniboy on the 21st June, escorted by most of tlie inhabitants of 
note, and on Ms arrival at New Brunswick was received by the city authorities, 
James Hude, the Mayor, presenting- their written address. The next morning he 
proceeded to Princeton, and the Trustees were prepared to introduce him into 
Nassau Hall. He was conducted through the building, shown the cm'iosities, and 
was then honored by an oration from one of the students in Latin, to which, we 
are told, " liis Excellency retui-ned an elegant and polite Latin answer extempore:" 
an imdertaking wliich few, if any, of his predecessors or successors would have 
ventured upon. After receiving and replying to an address from the Trustees, the 
Governor proceeded on to Bui'liugton, arriving there the same day, and again 
experienced the gratification of having "his knowledge in the law, justice and 
candor" eulogized by the t'orporation, the minister and vestry of the Chm*ch 
adding their congratulations. Governor Bernard took up his residence in Perth 
Amboy, and merits a conspicuous niche m the gallery of New Jersey Governors, 
and greater consideration than he has hitherto received at the hands of historians. 
His character is thus summed up by Elliott in his Biographical Dictionary: "He 
was sober and temperate, and had flue talents for conversation if the subject 
pleased him. He had an extensive knowledge of books, and memory so strong as 
to be able to refer to particular passages with greater facility than most men of 
erudition. He would sometimes boast that he could repeat the whole of the plays 
of Shakespeare. He was a friend of literature, and interested himself greatly in 
favor of Harvard College, when Harvard Hall with the library and philosophic 
apparatus were destroyed by fire; after which he presented to it a considerable 
part of his own private library. The building which now bears the name of 
Harvard is a specimen of his taste in architecture. * * * He was a believer in the 
principles of Christianity, the elTect of study as well as of education, and was 
regular in his attendance upon pubUc worship; attached to the Chm-chof England, 
but no bigot, * * * when in the country attending service at the nearest Congre- 
gational Church." The Trustees of Princeton College in their address to Governor 
Boone, spoke of Bernard as having shown himself a friend of that institution, but 
in what way is not stated. He subsequently became Sir Francis Bernard, Baronet 
of Nettlehouse, in Lincolnshire.— C'onfr/6w^/ojis to the Early History of Perth 
Amhoy aiid adjoining country ; Sabine'^s American Loyalists ; Elliott's Biograph- 
ical Dictionary. His career in Massachusetts presented a sorry contrast to his 
pleasant experience in New Jersey. — Ed. 

Soon after his entering upon the duties of Governor of the former colony, the 
struggle between the friends and enemies of America became marked, and Gov 
ernor Bernard, naturally sitting with the party that gave him office, became ex- 
ceedingly obnoxious to the patriots, who assaUed him in the Legislature and the 



1758] ADMINISTRATION OP PRESIDENT READING. 



Draft of the Commission of Francis Bernard as Oov- 
eT7ior of Neiv Jersey, submitted to the Attorney or 
Solicitor General. 

IFrom P. R. O. B. T. New Jersey, Vol. 16, page 25.] 

George the Second by the Grace of God, of Great 
Britain, France and Ireland King, Defender of the 
Faith, &c. To Our trusty and Wellbeloved Francis 
Bernard Esq'^ Greeting: We reposing especial Trust 
and Confidence in the Prudence, Courage and Loyalty 
of you the said Francis Bernard, of our especial Grace 
certain Knowledge and meer motion, have thought fit 
to constitute and appoint, and by these Presents do 
constitute and appoint you the said Francis Bernard to 
be Our CapV General and Governor in Chief in & over 
Our Province of Nova Csesarea or New- Jersey, Viz: 
the Division of East and West New Jersey in America, 



public prints. — Parton's Life of Fraiiklin, II., 563; Gordon's New Jersey, 132. In a 
pamphlet published by Governor Bernard in London in 1774, he quotes from 
addresses of the Massachusetts Legislature to himself to show that the kindliest 
relations existed between him and them until he attempted to enforce the stamp 
act in 1765, which, by the way, he says he was opposed to passing. In Jime, 1769, 
that legislature petitioned the king for his removal, on charges almost pm-ely 
political, and in August he sailed for England to contest the matter, with such suc- 
cess, that in March, 1770, the petition was dismissed by his Majesty's privy coimcil. 
Select Letters on the Trade and Oovernment of America, etc., by Governor Ber- 
nard, London, 1774, pp. 89-130. However," he never returned to America. He had 
some time before this been knighted. John Adams says bitterly : " At .such times 
you will see a Governor of a Province, for unwearied industry in his endeavors to 
ruin and destroy the people, whose welfare he was under every moral obligation 
to study and promote, knighted and ennobled." — Worhs, 11,251. The summary 
sketch of Governor Bernard, given by Mr. Adams in his " Novanglus," is interest- 
ing, though unjustly severe: " Bernard was the man for the purpose of the Junto. 
Educated in the highest principles of monarchy; natm*ally daring and courageous; 
skilled enough in law and pohcy to do mischief, and avaricious to a most infamous 
degree; needy, at the same time, and having a numerous family to provide for, he 
was an instrument suitable in every respect, excepting one, for this Junto to em- 
ploy. The exception I mean was blunt frankness, very opposite to that cautious 
cunning, that deep dissimulation, to which they had, by long practice, disci- 
plined themselves. However, they did not despair of teaching him this necessary 
artful quality by degrees, and the event showed that they were not wholly unsuc- 
cessful in their endeavors to do it."— Works, IV, 31.— W, N. 



24 ADMINTSTEATIOX OF PRESIDENT REAPING. [1758 

which we have thought fit to reunite into one Province 
and settle under one entire Government, 

And We do hereby require and command you to do 
and execute all things in due manner, that shall be- 
long unto your said Command and the Trust We have 
reposed in you, according to the several Powers and 
Directions granted or appointed you by this present 
Commission, and the Instructions and Authorities 
herewith given you, or by such further Powers, In- 
structions and Authorities as shall at any time here- 
after be granted or appointed you under Our Signet 
and Sign Manual or by Our Order in Our Privy Coun- 
cil, and according to such reasonable Laws and Stat- 
utes, as now are in Force, or hereafter shall be made 
and agreed upon by you, with the Advice and Consent 
of Our Council and the Assembly of Our said Province 
under your Government, in such manner and form as 
is hereafter expressed. 

And Our Will and Pleasure is, that you the said 
Francis Bernard, after the Publication of these Our 
Letters Patents, do in the first Place take the oaths 
appointed to be taken by an Act passed in the first 
Year of Our late Royal Father's Reign, entituled. An 
Act fo?' the further Security of His Majesty'' s Person 
and Government, and the Succession of the Crown in 
the Heirs of the late Princess Sophia being Protestants, 
and for extinguishing the Hopes of the pretended 
Prince of Wales and his ojjen and secret Abettors: As 
also that you make and subscribe the Declaration men- 
tioned in an Act of Parliament made in the 25'.'.' Year 
of the Reign of King Charles the Second, Entituled 
an Act for preventing Dangers luhich may happen from 
Popish Recusants, and likewise that you take the 
usual Oath for the due Execution of the ofiice and 
Trust, of Our Captain General and Governor in Chief 
in and over Our said Province of Nova Caesarea or New 
Jersey; as weU with regard to the due and impartial 



1758] ADMINISTRATION OF PRESIDENT READING. 25 

Administration of Justice, as otherwise; and further 
that you take the Oath requir'd to be taken by Gov- 
ernors of Plantations to do their utmost, that the sev- 
eral Laws relating to trade and the Plantation be ob- 
served; which said Oaths and Declaration Our Council 
in Our saii Province or any three of the Members 
thereof, have hereby full Power and Authority, and 
are required to tender and administer unto you, and 
in your Absence to Our Lieutenand Governor, if there 
be any upon the Place; all which being duly perform- 
ed. You shall administer to each of the Members of 
Our said Council, as also to Our Lieutenant Governor, 
if there be any upon the Place, the Oaths mentioned 
in the said Act, entituled, an Act for the further Secur- 
ity of His Majestifs Person, and Government and the 
Succession of the Croivn in the Heirs of the late Prin- 
cess Sophia being Protestants, and for extinguishing 
the hopes of the pretended Prince of Wales and his 
open and secret Abettors; You shall also cause them 
to make and subscribe the aforemention'd Declaration, 
and administer to them the Oath for the due Execu- 
tion of their Places and Trusts. 

And We do hereby give and grant unto you full 
Power and Authority to suspend any of the Members 
of Our said Council, from sitting, voting and assisting 
therein, if you shall find just Cause for so doing. 

And if it shall at any time happen, that by the 
Death, Departure out of Our said Province, or suspen- 
sion of any of Our said Councillors or otherwise, there 
shall be a Vacancy in Our said Council, any three 
whereof We do hereby appoint to be a Quorum; Our 
Will and Pleasure is, that you signify the same unto 
us by the first opportunity, that We may under Our 
Signet and Sign Manual constitute and appoint others 
in their Stead. 

But that Our Affairs may not suffer at that Distance, 
for Want of a due Number of Councillors, if ever it 



26 ADMINISTKATIOlSr OF PEBSIDENT READHSTG. [1758 

shall happen that there be less than seven of them re- 
siding in Our said Province; We do hereby give & 
grant unto you the said Francis Bernard full Power 
and Authority to chuse as many Persons out of the 
Principal Freeholders, Inhabitants thereof, as w^ill 
make up the full Number of Our said Council to be 
seven, and no more; which Persons so chosen and ap- 
pointed by you, shall be to all intents and purposes 
Councillors in Our said Province, untill either they 
shall be confirmed by Us, or that by the Nomination 
of Others by Us under Our Sign Manual and Signet, 
Our said Council shall have seven or more Persons in 
it. 

And We do hereby give and grant unto You full 
Power & Authority, with the Advice and Consent of 
Our said Council, from time to time as need shall re- 
quire, to summon and call general Assemblies of the 
said Freeholders and Planters within your Govern- 
ment, in manner and form as shall be directed in Our 
Instructions, which shall be given you together with 
this Our Commission. 

And Our Will and Pleasure is, that the Persons 
thereupon duly elected by the Major Part of the Free- 
holders of the respective Counties and Places, and so 
returned, shall, before their sitting, take the Oaths 
mentioned in the said Act, entituled, an Act for the 
further Security of His Maff Person and Government 
and the Succession of the Crown in the Heirs of the 
late Princess Sophia being Protestants, And for ex- 
tinguishing the hopes of the pretended prince of 
Wales and His open and secret Abettors ; as also 
make and subscribe the aforementioned declaration, 
or being of the people called Quakers, shall take the 
Affirmation, and make and subscribe the declaration 
a])pointed to be taken and made instead of the Oaths 
of Allegiance, Supremacy and Abjuration, by an Act 
passed within Our said Province of Nova Ca3sarea or 



1758] ADMINISTRATION OF PRESIDENT READ TNG. 27 

New Jersey, in the first Year of our Keign, entituled, 
an Act lyrescrihing the Forms of Dedaratioii of 
Fidelity, the Effect of the Abjuration, Oath and Affir- 
mation, instead of the Forms heretofore required in 
such Cases; and for repealing tlie former Acts in the 
like Cases made & provided ; which Oaths. Affirma- 
tion & Declaration You shall commissionate fit Per- 
sons under Our Seal of Nova Csesarea or New Jersey 
to tender and administer unto them; and until the 
same shall be so taken, made vfe subscrib'd, no person 
shall be capable of sitting though elected, And We do 
hereby declare that the j^ersons so elected and quali- 
fyed shall be call'd and deemed the General Assembly 
of that Our Province. 

And you the said Francis Bernard, with the Consent 
of Our said Council, [and] Assembly or the Major Part 
of them respectively, shall have full Power and Author- 
ity to make, constitute and ordain Laws, Statutes and 
Ordinances for the publick Peace, Welfare & good 
Government of Our said Province and of the People 
and Inhabitants thereof, and such others as shall re- 
sort thereto, and for the Benefit of Us, Our Heirs and 
Successors; which said Laws, Statutes and Ordinances 
are not to be repugnant, but as near as may be agre- 
able unto the Laws and Statutes of this Our Kingdom 
of Great Britain; provided that all such Law^s, Statutes 
and Ordinances, of what Natui-e or duration soever, 
be, within three Months or sooner after the making 
thereof, transmitted unto Us under Our Seal of Nova 
Caesarea or New Jersey, for Our Approbation or dis- 
allowance of the same, as also Duplicates thereof by 
the next 'Conveyance. 

And in case any or all of the said Laws, Statutes 
and Ordinances (being not before confirm'd by Us) 
shall at any time be disallow'd and not approved, and 
so signified by Us, Om- Heirs or Successors under Our 
or their Sign Manual and Signet, or by Order of Our 



38 ADMINISTEATION OF PRESIDEKT READING. [1758 

or their Privy Council unto you the said Francis Ber- 
nard or to the Commander in Chief of Our said Prov- 
ince for the time being, then such and so many of the 
said Laws, Statutes and Ordinances as shah be so dis- 
allowed and not approved, shall from henceforth cease, 
determine and become utterly void and of none Effect, 
any thing to the contrary thereof notwithstanding. 

And to the end that nothing may be passed or done 
by Our said Council or Assembly, to the Prejudice of 
us, Our Heirs and Successors, We Will & Ordain, 
that you the said Francis Bernard shall have and enjoy 
a Negative Voice in the making and passing of all 
Laws, Statutes and Ordinances, as aforesaid. 

And you shah and may likewise from time to time, 
as you shall judge it necessary, adjourn, prorogue and 
dissolve all General Assemblies, as aforesaid. 

A7id Our further Will & Pleasure is, that you shall 
and may use and Keep the Publick Seal of Our Prov- 
ince of Nova Csesarea or New Jersey, for sealing all 
things whatsoever that pass the Great Seal of Our 
said Province under your Government. 

And We do further give &, grant unto you the said 
Francis Bernard full Power and Authority from time 
to time and at any time hereafter, by Yourself or by 
any other to be authorized by you in that behalf, to 
administer and give the abovementioned Oaths and 
Affirmations to all and every such Person and Persons 
as you shall think fit, who shall at any time or times 
pass into Our said Province or shall be resident or 
abiding there. 

And We do further by these Presents ^ give and 
grant unto you the said Francis Bernard full Power 
and Authority with the Advice and Consent of Our 
said Council, to erect, constitute and appoint such & 
so many Courts of Judicature and publick justice 
within Our said Province under your Government, as 
you and they shall think fit and necessary for the 



1758] ADMINISTEATION OF PRESIDENT READING. 29 

hearing and determining all causes, as well Cj^minal 
as Civil, according to Law and Equity, and for award- 
ing of Execution thereupon, with all reasonable and 
necessary Powers, Authorities, Fees and Privileges 
belonging thereto; as also to appoint and commission- 
ate fit Persons in the several parts of your Government 
to administer the Oaths mentioned in the aforesaid 
Act, Entituled, mi Ad for the further Security of Our 
Person and Government and the Succession of the 
Croiun in the Heirs of the late Princess Sophia being 
Protestants, and for extinguishing the hopes of the 
pretended Prince of Wales and his open and secret 
Abettors; as also to tender and administer the afore- 
said Declarations and Affirmations unto such Persons 
belonging to the said Courts as shall be obhged to 
take the same. 

And We do hereby authorize and impower You to 
constitute and appoint Judges (and in Cases requisite 
Commissioners of Oyer and Terminer,) Justices of the 
Peace, and other necessary Officers and Ministers in 
Our said Province for the better Administration of 
Justice and putting the Laws in Execution, and to 
administer or cause to be administered unto them such 
Oath or Oaths as are usually given for the due Execu- 
tion and Performance of Offices and Places, and for 
the clearing of Truth in Judicial Causes. 

And We do hereby give and grant unto you full 
Power and Authority where you shall see Cause, or 
shall judge any offender or offenders in criminal Mat- 
ters, or for any Fines or Forfeitures due unto Us, fit 
Objects of Our Mercy, to pardon all such Offenders, 
and to remit all such Offences, Fines aud Forfeitures, 
Treason and Willful Murder only excepted, in which 
Cases you shall likewise have Power upon extraor- 
dinary Occasions to grant Reprieves to the Offenders, 
untill and to the Intent Our Royal Pleasure may be 
Known therein. 



30 ADMI]S"ISTRATIO]Sr OF PRESIDENT READIN-G. [1758 

And We do by tliese Presents authorize and im- 
power you to collate any Person or Persons to any 
Churches, Chapels or other Ecclesiastical Benefices 
within Our said Province, as often as any of them 
shall happen to be void. 

And We do hereby give and grant unto you the said 
Francis Bernard by yourself or by your Captains and 
Commanders by you to be authorized, full Power and 
Authority to levy, arm, muster, command, and imploy 
all Persons whatsoever residing within Our said Prov- 
ince of Nova Caesarea or New Jersey undei' your Gov- 
ernment, and, as Occasion shall serve, to march from 
one place to another, or to embark them for the re- 
sisting and withstanding of all Enemies, Pirates and 
Eebels, both at Sea and Land, and to transport such 
Forces to any of Our Plantations in America (if neces- 
sity shaU require) for the Defence of the same against 
the invasion or Attempts of any of Our Enemies, and 
such Enemies, Pirates and Eebels, if there shall be 
occasion, to persue and prosecute in or out of the 
Limits of Our said Province and Plantations or any of 
them; and, if it shah so please God, them to vanquish, 
apprehend and take, and being taken either according 
to Law to put to Death, or Keep and preserve ahve at 
your Discretion, & to execute Martial Law in time of 
Invasion or other times when by Law it may be ex- 
ecuted, and to do and execute all and every other thing 
and things which to Our Captain General and Gov- 
ernor in Chief doth or ought of Eight to belong. 

And We do hereby give and grant unto you full 
Power & Authority, by and with the Advice and Con- 
sent of Our said Council, to erect, raise and build in 
Oui' said Province of Nova Caesarea or New Jersey 
such and so many Forts and Platforms, Castles, Cities, 
Boroughs, Towns and Fortifications, as You by the 
Advice aforesaid shall judge necessary; and the same 
or any of them to fortify and furnish with Ordnance, 
Ammunition, and aU sorts of Arms fit and necessary 



1758] ADMINISTEATION OF PRESIDENT READING. 31 

for the security & Defence of our said Province, and 
by the Advice aforesaid the same again or any of them 
to demohsh or dismantle as may be most convenient. 

And for asmuch as divers Mutinies and Disorders 
may hapjien by Persons shipped and imploy'd at Sea, 
during the time of War, and to the end that such as 
shall be shipped & imployed at Sea during the time of 
War, may be better govrn'd and order'd; We do hereby 
give and grant unto You the said Francis Bernard 
full Pov^er and Authority to constitute and appoint 
Captains, Lieutenants, Masters of Ships and other 
Commanders and officers, and to grant unto such 
Captains, Lieutenants, Masters of Ships and other 
Commanders and officers, Commissions to execute the 
Law Martial, during the time of War, according to 
the Directions of an Act passed in the 22*^ year of Our 
Reign, entitled, an Act for amending, explaining and 
reducing into one Act of Parliament the Laws I'elating 
to the Government of his Majestys' Ships, Vessels and 
Forces by Sea; and to use such proceedings. Authori- 
ties, Punishments, Corrections and Executions upon 
any offenders, who shall be Mutinous, Seditious, Dis- 
orderly or any way unruly, either at Sea or during 
the time of their Abode or Residence in any of the 
Ports, Harbours, or Bays of Our said Province, as the 
Cause shall be found to require, according to Mar- 
tial Law and the said Directions, during the time of 
War, as aforesaid, Provided that nothing here in con- 
tain'd shall be construed to the enabling you, or any 
by your Authority, to hold plea or have any Jurisdic- 
tion of any offence, Cause, Matter or Thing com- 
mitted or done upon the high Sea, or within any of 
the Havens, Rivers or Creeks of Our said Province 
under your Government, by any Captain, Commander 
Lieutenant, Master, officer. Seaman, Soldier or other 
Person whatsoever, who shall be in actual Service and 
pay, in or on Board any of Our Ships of War or other 
Vessels acting by immediate Commission or Warrant 



32 ADMIJflSTKATION OF PRESIDENT READING. [1758 

from our Commissioners for executing the office of 
Our High Admiral, or from Our High Admiral of 
Great Britain for the time being under the Seal of Our 
admiralty; but that such Captain, Commander, Lieu- 
tenant, Master, officer. Seaman, Soldier, or other Per- 
son so offending, shall be left to be proceeded against 
and tryed as their offences shall i-equire; either by 
Commisson under Our Great Seal of Great Britain, 
as the Statute of the 28"' of Henry the eight directs; 
or by Commission from Our said Commissioners for 
executing the office of Our High Admiral; or from 
Our High Admiral of Great Britian for the time being, 
according to the aforemention'd Act for amending, 
explaining and reducing into one Act of parliament 
the Laws relating to the Government of His Majesty s^ 
Ships, Vessels and Forces by Sea, and not otherwise. 

Provided nevertheless that all Disorders and Mis- 
deameauors committed on Shore by any Captain, Com- 
mander, Lieutenant, Master, officer. Seaman, Soldier 
or other Person whatsoever, belonging to any of Our 
Ships of War or other Vessels acting by immediate 
Commission or Warrant from Our said Commission- 
ers for executing the office of Our High Admiral, or 
from Our High Admiral of Great Britain for the time 
being under the Seal of Our Admiralty may be tryed 
and punished according to the Law of the place where 
any such Disorders, offences and Misdemeanours shall 
be committed on Shore, notwithstanding such offen- 
der be in Our actual Service and born in Our Pay on 
Board any such Oui' Ships of War or other Vessels 
acting by immediate Commission or Warrant from 
Our said Commissioners for executing the office of 
Our High Admiral or from Our High Admiral of 
Great Britain for the time being as aforesaid, so as he 
shall not receive any protection for the avoiding Jus- 
tice for such offences committed on Shore, from any 
pretence of his being imployed in Our Service at Sea. 

Our further Will & Pleasure is, that all publick 



1758] ADMINISTEATIOK OF PEESTDENT READING. 33 

Money raised or which shall be raised by any Act 
hereafter to be made within Our said Province, be 
issued olit by Warrant from You, by and with the 
advice & Consent of Our Council, and disposed of by 
you for the Support of the Government, and not 
otherwise. 

And We do hereby give you the said Francis Ber- 
nard full Power and Authority to order and appoint 
Fairs, Marts and Markets, as also such and so many 
Ports, Harbours, Bays, Havens and other Places for 
the Convenience and Security of Shipping and for the 
better Loading and unloading of Goods and Merchan- 
dize, as by you, with the Advice and Consent of Our 
said Council, shall be thought fit and necessary. 

And We do hereby require and command all Officers 
& Ministers Civil and Military, and all other Inhabi- 
tants of Our said province to be obedient, aiding and 
assisting unto you the said Francis Bernard in the 
execution of this Our Commission, and of the Powers 
and Authorities herein contain'd; And in Case of your 
Death or Absence out of Our said Province, to be Obe- 
dient, aiding and assisting unto such Person as shall 
be appointed by Us to be Our Lieutenant Governor or 
Commander in Chief of Our said province, to whom 
We do therefore by these presents give and grant all 
and singular the powers and Authorities herein granted 
to be by him executed &; enjoyed during Our pleasure, 
or until your arrival within Our said province. 

And if upon your Death or Absence out of Our said 
province there be no person upon the place commis- 
siouated or appointed by us to be Our Lieutenant Gov- 
ernor or Commander in Chief of Our said province. 
Our Will & Pleasure is, that the eldest Councillor whose 
name is fii'st placed in Our said Instructions to you, 
and who shaU be at the time of your Death or Absence 
residing within Our said province of New Jersey, shall 
take upon him the Administration of the Government, 
3 



84 ADMINISTRATION^ OF PRESIDENT READING. [1758 

& execute Our said Commission and Instructions and 
the several Powers and Authorities therein contain'd, 
in the same Manner and to all Intents and purposes 
as other Our Governor or Commander in Chief of Our 
said province shou'd or ought to do, in Case of your 
Absence untill you return, or in all Cases untill Our 
further Pleasure be Known therein. 

And We do hereby declare, ordain and appoint, that 
you the said Francis Bernard shall and may hold, exe- 
cute and enjoy the office & Place of Our Captain Gen- 
eral and Governor in Chief in and over Our province 
of Nova Caesarea or New Jersey, together with all and 
Singular the Powers and Authorities hereby granted . 
unto you for and during Our Will and Pleasure. In 
Witness whereof We have caused these our Letters to 
be made Patents. Witness Ourself at Westminster 

the day of— • 1758 in the thirty first year of 

Our Eeign. And for so doing this shall be your War- 
rant. Given at Our Court at S' James's the day 

of 1758 in the thirty first year of Our Reign. 



Report of the Lords of Trade upon the Petition of the 
Agent of Neiu Jersey, respecting a Bill for issuing 
£89,000 in paper Bills of Credit. 

[From P. R. O. B. T., New Jersey, Vol. 16, Page 55.] 

To the Right Hon^!« the Lords of the Committee 
of His Majesty's most Hon^?^ Privy Council 
for Plantation Affairs. 

My Lords, 

Pursuant to Your Lordships Order dated the 10 of 
Nov!" last, We have taken into Our Consideration the 
humble Petition of Richard Partridge, Agent for & in 



1758] ADMINISTRATIOK OF PRESIDENT READING. 35 

behalf of the House of Representatives of the Colony 
of New Jersey, humbly praying, for the Reasons 
therein contained that His Majesty will be graciously 
pleased to signify his Royal Pleasure to the Governor 
or Commander in Chief of the said Colony for the 
Time being, to give his Assent to a Bill prepared by 
the said House of Representatives In March last, inti- 
tulated, an Act for making current £60,000 in Bills 
of Credit, to he emitted 07i Loan luitliin the Colony of 
New Jersey, the interest whereof to sink the further 
Sum o/ £29,000, to he also made current for the imme- 
diate Service of the Croivyi if the same shoidd he needed, 
otherwise for the Relief of the said Colony. And hav- 
ing been attended by the said Agent & his Counsel, & 
heard what they had to offer in Support of the Peti- 
tion, We beg leave to acquaint your Lordships, that 
this Bill appears to us to be liable to many very mate- 
rial objections. 1"^ by the manner in which the Clause 
of appropriation is expressed, the House of Representa- 
tives seem to have assumed to themselves not only a 
power or joining with the GovF & Council in the dis- 
posal & issuing the money granted for his Majesty's 
Service, but likewise to have made themselves judges 
of the Services to which it is to be applied. 

2'"^' The Surplus of the interest arising from the 
Loan of the Bills of Credit, which shall remain after 
sinking the £29,000 granted for his Majesty's Service, 
is to be substituted as a Fund for sinking Bills of 
Credit heretofore emitted, in lieu of Taxes which have 
been already establish'd for that purpose. 

3'"y The BiUs of Credit are declared to be legal Ten- 
ders in payment of all Debts & Contracts. 

With respect to the first of these objections. We 
must observe that the Assembly's assuming to them- 
selves a Right to join in the disposal & issuing of 
publick money is in all Cases a deviation from the 
fundamental Principles of the Constitution of that 



36 ADMINISTRATION OF PRESIDENT READING. [1758 

Colony, as establish'd by His Majesty's Commission 
& Instructions. That, independent of this considera- 
tion, as the Services to be performed by this Grant 
ought not to ])e in their nature either local or provin- 
cial, the Assembly cannot be the proper judges of 
them; & therefore the money granted by this Bill to 
his Majesty's Use ouglit to have been appropriated to 
such Services in general, as His Majesty or the Com- 
mander in Chief of his Forces in America should think 
proper to direct or recommend, to be issued & disposed 
of by Warrant of the Gov'" & Council to such Services 
only. 

With respect to the 2'^ of these objections, it will be 
necessary to state to your Lordships, that in the Years 
1755, 1756, & 1757, paper Bills of Credit, to the 
Amount of £82,500, have been issued & made current 
for five years, & Taxes are imposed to constitute a 
Fund for sinking them within that term. That by 
substituting the Interest of this Loan in Lieu of those 
Taxes, the provision made for sinking them within a 
i^easonable time will be set aside, & the currency of 
them protracted to a much longer time, which is such 
a violation of the Publick Faith, as has in other Colo- 
nies always produced a Depretiation of the Credit of 
the Paper Currency, and was one of those Evils which 
gave rise to the necessity of the Act of Parliament 
passed in the Year 1750 for restraining the Paper Cur- 
rency in the four Colonies of New England. 

With regard to tbe third objection; the making Bills 
of Credit legal Tenders in all payments is contrary to 
the sense of Parliament, as express'd in their Resolu- 
tions of the 5^^ of April 17-1:0, & in the above mentioned 
Act passed in the year 1750, as we have frequently 
had occasion to observe in former Reports; in which 
we have declared, that, tho' a Paper Currency may be 
advantageous to a Trading Colony, yet that it ought 
never to be admitted, unless it can be effected without 



1728] ADMINISTRATION OF PRESIDENT READING. 37 

enforcing the legality of the Tender of the Bills so to 
be issued; which we are of opinion is by no means 
impractible, if some part of the Interest raised upon 
such BiUs should be appropriated to support their Cir- 
culation; & this Method, We beheve might not only 
be easily and successfully pursued, but wou'd be hke- 
wise with the strictest propriety an application of the 
whole & every part of the money so raised to the pub- 
lick Service. But however this be. We were of opinion 
in our former Reports, & stiU continue to be so, that 
the Inconveniences of making Bills of Credit legal 
Tenders so greatly overballance the advantages which 
can accrue to the Publick from the Interest of them, 
that the latter ought not to be accepted, unless the 
former can be avoided. 

Having stated to your Lordships the Objections to 
which this Bill appears to be Hable with such Observa- 
tions as have occur'd to Us in support of them, it only 
remains for Us to take Notice of the two principal 
Reasons assigned in the Preamble of the Bill for estab- 
lishing this Paper Currency, namely, the inability of 
the People in their present circumstances to carry on 
Trade or even their Dealings foi* the Common neces- 
saries of Life, & to continue their Assistance to the 
common cause in carrying on the War against his 
Majesty's Enemies. 

With respect to the first of these Reasons, we find, 
upon enquiry into the present State of the paper cur- 
rency in New Jersey, that the Bills now outstanding 
& current in that Colony amount in the whole to 
about £loT,OoO; & as that sum appears to Us suffi- 
ciently large for all purposes in the ordinary Course 
of commercial Dealings, we conceive there can be no 
room to pretend an immediate necessity of that sort. 
As to the Plea of necessit}^ arising from their Inability 
to contribute towards the Prosecution of the War, it 
may be obviated by His Majestys' pertnitting his Gov! 



38 ADMINISTRATION OF PRESIDENT READING. [1758 

to give his Assent to any Bill or Bills for issuing such 
Quantity of Paper CuiTency as may be necessary for 
defraying the expence of such mihtary Services, as 
shall be required by His Majesty or his commander in 
Chief in America; provided the Credit of such Bills be 
properly ascertain'd & Funds be establish'd for sinking 
them within a reasonable time not exceeding five 
years, conformable to the Directions perscrib'd in the 
like Cases by His Majestys' Instructions to his late 
Govj" of the Province of New York. 

We are, My Lords, &c 

Dunk Halifax. 

T. Pelham. 

SoAME Jenyns. 
Whitehall W, G. Bamilton. 

Feb? 21. 1758 W. Sloper. 



Representatio7i to the King from the Lords of Trade 
with a draft of General Instructions and those re- 
lating to Trade for Francis Bernard Governor of 
New Jersey. 

[From P. R. O. B. T., New Jersey, Vol. 16, p. 64. J 

Whitehall, Feb'y 23, 1758. 
To THE King's most Excellent Majesty. 

May it i^lease your Majesty, 

In obedience to your Majesty's Order in Council 
dated the 27'" of Jan? last, We have prepared Draugts 
of General Instructions & of those w^hich relate to the 
observance of the Acts of Parliament for the Encour- 
agement & Regulation of Trade & Navigation, for 
Francis Bernard Esqf whom Your Majesty has been 



1758] ADMINISTKATION" OF PRESIDEKT READIKG. 39 

pleased to appoint Captain Genj & Governor in Chief 
of your Majesty's Province of New Jersey: In which 
Draughts we have made alterations from the Instruc- 
tions given by your Majesty to Jonar Belcher Esqf the 
late Gov!' of that Province, in the following Respects. 

There being but eleven Persons appointed by your 
Majesty to be of your Council in New Jersey, We have 
in the first Article of this Draught of Gen! Instruc- 
tions, added the name of W? Alexander Esq!, who 
has been recommended to Us as a person qualified to 
supply the Vacancy. 

We have omitted the 19*" Article of the former in- 
structions, whereby the Governor was directed not to 
give Assent to any Act for issuing Paper Bills of 
Credit, upon any Account whatever, unless a Draught 
of such Act was previously transmitted for your Maj- 
esty's Directions, or a Clause inserted in it, suspending 
its Execution till your Majesty's Pleasure should be 
Known thereupon. As such an Instruction might 
deprive the Legislature of New Jersey of the Means of 
providing for any Military Services, or sudden Emer- 
gency, which may arise in time of War, it appeared to 
Us improper to be continued in the present Conjunc- 
ture, We have therefore inserted in its place the 23'^ 
Article of the present Draught, which is exactly con- 
formable to the Instruction given by your Majesty to 
your late Gov!' of New York whereby he is permitted 
to assent to Acts for issuing paper Currency in Cases 
of Emergency & for Military purposes in time of War. 
upon such Conditions & under such Regulations as are 
prescribed in the like Cases by the Act of Parliament 
pass'd in the Year 1750 for restraining the paper Cur- 
rency in the four Colonies of New England. 

We have also omitted in gen! all such Articles of the 
Instructions given to the late Govf, as appeared to Us 
to have become obsolete, useless or improper, and liave 
inserted such Articles of the Instructions given to the 



40 ADMINISTRATION OF PRESIDENT READING. [1758 

Governors of your Majesty's other Colonies, as seem 
well adapted to the Situation & Circumstances of New 
Jersey, making the same conformable to what has 
been approved by your Majesty in the Instructions 
given to such of the said Governors as have been lately 
appointed. 

The Draught of Instructions for the observance of 
the Acts of Parhament for the Encouragement & 
Eegulation of Trade and Navigation, is made conform- 
able to the Instructions which have been approved and 
given by your Majesty for the Uke Purposes to other 
Governors on the Continent of North America. 
All which is most humbly submitted. 

Dunk Halifax 
James Oswald 
SoAME Jenyns 
W. G. Hamilton 
W« Sloper. 



Instructions to Our Trusty and Well beloved 
Francis Bern ard Esq! Our Captain General 
and Governor in Chief in and over Our 
province of Nova Csesarea or New Jersey 
in America. Given at Our Court at Sf 

James's the day of 1758 in the 

thirty first day of Our Eeign. 

1^.* With these Our Instructions your will receive 
Our Commission under Our Great Seal of Great- 
Britain, constituting You Our Capt" General and Gov- 
ernor in Chief in and over Our province of New Jer- 
sey, You are therefore with all convenient Speed to 
repair to Our said Province, and being there arrived, 
You are to take upon you the Execution of the Peace 
and Trust We have reposed in You, and forthwith to 
call together the Members of Our Council in and for 



1758] ADMINISTRATION^ OF PRESIDENT READING. 41 

that province, viz? Jn? Reading, Robert Hunter Morris, 
Edward Antill, James Hude, Andrew Johnston, Peter 
Kirabold, Thomas Leonard, Rich'! Salter, David Ogden, 
Lewis Ashfield, Samuel Woodruffe and W™ Alexan- 
der Esq""-^ 

2'! And you are with all due Solemnity to cause Our 
said Commission to be read and published at the said 
Meeting of Our Council, which being done. You shall 
then take and also administer to each of the Members 
of Our said Council the Oaths mention'd in an Act 
pass'd in the first Year of His late Majesty Our Royal 
Father's Reign, entituled, an Act for the fmiher 
Security of His Mcijesty's Person and Government and 
the Succession of the Croivn in the Heirs of the late 
princess Sophia being Protestants, and for extinguish- 
ing the hopes of the pretended prince of Wales and His 
open and, secret Abettors : as also make and subscribe 
and cause the Members of Our said Council to make 
and subscribe the Declaration mentioned in an Act of 
ParHament made in the 25"' Year of the Reign of King 
Charles the second, entituled, an Act fot^ preventing 
Dangers tvliich may happen by Popish Recusants; And 
you, and every of them, are likewise to take an Oath 
for the due Execution of your and their places and 
Trusts with Regard to your and their equal and impar- 
tial Administration; of Justice; and you are also to 
take the Oath required by an Act pass'd in the T & 8 
Years of the Reign of King William the 3'' to be taken 
by Governors of Plantations to do their utmost that 
the Acts of Parliament relating to the plantations be 
observed. 

3. You shall administer or cause to be administered 
the Oaths mentioned in the aforesaid Act, entituled, 
an Act for the further Security of His Majesty^ s Per- 
son and Government, and the Succession of the Croivn 
in the Heirs of the Icde Princess Sophia being Protes- 
tants, and for extinguishing the Hopes of the pretended 



42 ADMINISTRATION OF PRESIDENT READING. [1758 

Prince of Wales, and his open and secret Abettors; 
to the Members and officers of the Council and Assem- 
bly, and to all Judges, Justices, and all other Persons, 
that hold any Office or Place of Trust or Profit in the 
said Province, whether by virtue of any patent under 
Our Great Seal of this Kingdom, or the Publick Seal 
of New Jersey, or otherwise; And you shall also cause 
them to make and subscribe the aforesaid Declaration; 
without the doing of all which you are not to admit 
any person whatsoever to any publick Office, nor suf- 
fer those who have been admitted formerly, to con- 
tinue therein. 

4. You are forthwith to commiuiicate to Our said 
Council such and so many of these Our Instructions 
wherein their Advice and Consent are required, as 
likewise all such others from time to time as you shall 
find convenient for Our Service to be imparted to them. 

5. You are to permit the Members of Our said Coun- 
bil to have and enjoy Freedom of Debate and Vote in 
all Affairs of publick Concern, that may be debated in 
Council. 

G. A7id although by Our Commission aforesaid We 
have thought fit to Direct, that any three of Our 
Councillors make a Quorum, it is nevertheless Our 
Will and Pleasure, that you do not act with a Quorum 
of less than five Members, unless upon extraordinary 
Emergencies, when a greater Number cannot be con- 
veniently had. 

7. And that We may be always informed of the 
Names and Characters of Persons fit to supply the 
Vacancies that shall happen in Our said Council, you 
are from time to time, when any Vacancies shall hap- 
pen in Our said Council, forthwith to transmit unto 
Our Commissioners for Trade and Plantations, in order 
to be laid before Us, the Names of three persons, In- 
habitants of the Eastern Division, and the Names of 
three other Persons Inhabitants of the Western Divis- 



1758] ADMINISTRATION OF PRESIDENT READING. 



43 



ion, of Our said Province, whom you shall esteem the 
best quaiifyed for that Trust. 

8. And whereas by Our Commission You are im- 
power'd, in Case of the Death or Absence of any of 
Our Council of the said Province, to fill up the Vacan- 
cies in Our said Council to the number of seven, and 
no more; you are from time to time to send to Our 
Commissioners for Trade and Plantations, in order to 
be laid before Us, the Name or Names and Qualities 
of any Member or Members by you put into Our said 
Council by the first conveniency after your so doing. 

9. And in the Choice and nomination of the Mem- 
bers of Our said Council, as also of the Chief Officers, 
Judges, Assistant Justices and Sheriffs; You are 
always to take Care, that they be men of good Life, 
well affected to Our Government, of good Estates, and 
of Abihties suitable to their Employments. 

10. You are neither to augment nor diminish the 
Number of Our said Council, as it is already estab- 
lish'd, nor to suspend any of the Members thereof 
without good and sufficient Cause, nor without the 
Consent of the Majority of the said Council signified 
in Council, after due Examination of the Charge 
against such Councillor and his answer thereunto. 
And in Case of Suspension of any of them, You are to 
cause your Reasons, for so doing, together with the 
Charges and proofs against the said Persons, and their 
Answers thereunto, to be duly entred upon the Coun- 
cil Books; and forthwith to transmit Copies thereof, 
to Our Commissioners for Trade and Plantations, in 
Order to be laid before us. Nevertheless if it should 
happen, that you should have Reasons for suspending 
any Councillor not fit to be communicated to the 
Council, you may in that Case suspend such Person 
without their Consent; but you are thereupon imme- 
diately to send to Our Comniissioners for Trade and 
Plantations, in Order to be laid before Us, an Account 



44 ADMINISTRATIOK OF PRESIDENT READING. [1758 

of your proceedings therein, with your Eeasons at 
large for such Suspension, as also for not communi- 
cating the same to the Council, and Duplicates thereof 
by the next Opportunity. 

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 pre- 
vent the many inconveniences that may happen for 
want of a Quorum of the Council to transact Business, 
as Occasion may require ; It is Our Will & Pleasure, 
that, if any of the Members of Our said Council resid- 
ing in the said Province shall hereafter absent them- 
selves, 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 re- 
main 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 if any 
of the Members of Our said Council residing in our said 
Province shall hereafter willfully absent themselves 
from the Council Board when duly summon'd without a 
just and lawfidl Cause, and shall persist therein after 
Adinonition, you susjDend the said Councillors, so ab- 
senting themselves, till Our further pleasure be known, 
giving timely notice thereof to Our Commissioners for 
Trade and plantations, in Order to be laid before Us ; 
And We do hereby Will and require you, that this Our 
pleasure be signified to the several Members of Our 
Council aforesaid, and that it be enter'd in the Council 
Books of Our said Province as a standing Rule. 

12. And Our Will and Pleasure is, that with all 
convenient Speed you call together one general Assem- 
bly for the enacting of Laws for the joint and mutual 
Good of the whole province ; that the first meeting of 



1758] ADMI]SriSTRATION OF PRESIDENT REAOIXG. 45 

the said general Assembly be at Perth Amboy in East 
New Jersey, in case the last was at Burlington ; And 
that all future General Assemblies do meet and sit at 
one or the other of these Places alternately, or other- 
wise as You, with the Advice of Our foresaid Council, 
shall think fit in Case of extraordinary Necessity to 
appoint thf m. 

13. Our Will & Pleasure is, and you are accord- 
ingly to make the same Known in the most pubhck 
Manner, that the Method of choosing Representatives 
for the future shall be, as follows; Viz' two by the In- 
habitants—Householders of the City or Town of Perth 
Amboy in East New Jersey, and two by the Free- 
holders of each of the Five Counties in the said Di- 
vision of East New Jersey; Two by the Inhabitants 
Householders of the city or Town of Burlington in 
West New Jersey, and two by the Freeholders of each 
of the five Counties in the said Division of West New 
Jersey; which Persons, so to be chosen, make up to- 
gether the Number of twenty four Representatives. 
And it is Our further Will & Pleaswe, that no Person 
shall be capable of being elected a Representative by 
the Freeholders of either Division, as aforesaid, or 
afterwards of sitting in general Assembly, who shall 
not have one thousand Acres of Land an Estate of 
Freehold in his own Right within the Division for 
which he shall be chosen, or have a personal Estate in 
Money, Goods or Chattels to value of five hundred 
pounds sterling and all Inhabitants of Our said Prov- 
ince being so qualify ed, as aforesaid, are hereby de- 
clared capable of being elected accordingly. 

14. You are to choose in the passing of Lav/s, that 
the Stile of enacting the same be by the Governor, 
Council and Assembly and no other; You are also, as 
much as possible, to observe in the passing of all 
Laws, that whatever may be requisite upon each 
different matter be accordingly provided for by a 



46 ADMINISTRATION OF PRESIDENT READING. [1758 

different Law, without Intermixing in one and the 
same Act such things as have no proper relation to 
each otlier, and you are more especially to take care, 
that no Clause or Clauses be inserted in or annexed to 
any Act, which shall be foreign to what the Title of 
such respective Act imports; and that no perpetual 
Clause be made part of any temporary Law ; and that 
no Act whatsoever be suspended, altered, continued 
revived or repeated by general Words, but that the 
Title and Date of such Act so suspended, alter'd, con- 
tinued, revived or repealed be particularly mentioned 
and expressed in the enacting part. 

15. And whereas several Laws have formerly been 
enacted in several of Our Plantations in America, for 
so short a time, that the Assent or refusal of Our 
Koyal predecessors cou'd not be had thereupon before 
the time, for which such Laws were enacted, did 
expire; You shall not for the future give Your Assent 
to any Law; that shall be enacted for a less time than 
two Years, except in the Cases herein after mention'd. 
And you shall not reenact any Law to which the 
Assent of Us or Our Eoyal predecessors has once been 
refused, without express Leave for that purpose first 
obtained from Us, upon a fuU Eepresentation by you 
to be made to Our Commissioners for Trade and Plan- 
tations, in order to be laid before Us, of the reason 
and necessity for passing such Law, nor give your 
Assent to any Law for repealing any other Act pass'd 
in Your Government, whether the same is or has not 
received Our Royal Approbation, unless You take care 
that there be a Clause inserted therein suspending and 
deferring the Execution thereof until Our Pleasure be 
known concerning the same. 

16, And whereas great Mischiefs do arise by the 
Frequent passing Bills of an unusual and extraordi- 
nary Nature and Importance in Our Plantations, which 
Bills remain in force there from the time of enacting 



1758] ADMINISTRATION OF PRESIDENT READING. 47 

until Our Pleasure be signified to the contrary; We do 
hereby Will and require you not to pass or give your 
Consent hereafter to any Bill or Bills in the Assembly 
of Our said Province of unusual and extraordinary 
Nature and importance, wherein Our Prerogative, or 
the Property of Our Subjects may be prejudiced, or 
the Trade or Shiping of this Kingdom any Ways 
affected, until you shall have first transmitted to Our 
Commissioners for Trade and Plantations, in order to 
be laid before Us, the Draught of such a Bill or Bills, 
and shall have receiv'd Oar Royal Pleasure thereupon, 
unless you take care in the passing of any Bill of such 
Nature as beforementioned, that there be a Clause in- 
serted therein, suspending and deferring the Execution 
thereof uiitill Our Pleasure shall be known concerning 
the same. 

17. You are also to take Care, that no private Act, 
whereby the property of private Persons may be 
affected, be passed, in which there is not a saving of 
the Right of Us, Our Heirs and Successors, all Bodies 
Politick or corporate, and of all other Persons, except 
such as are mentioned in the said Act and those claim- 
ing by, from and under them; And further you shall 
take Care, that no such private Act be passed without 
a Clause suspending the Execution thereof, until the 
same shall have Our Royal Approbation. It is like- 
wise Our Will and Pleasure, that you do not give 
your Assent to any private Act, until Proof be made 
before you in Council (and entred in the Council 
Books,) that pubHck notification was made of the Par- 
ties Intention to apply for such Act in the several 
Parish Churches, where the premises in Question lye, 
for three Sundays at least successively, before any 
such Act shall be brought into the Assembly; and 
that a Certificate under your hand be transmitted 
with and annexed to every such private Act, signify- 
ing that the same has passed through all the forms 
above mention'd. 



48 ADMINISTRATION OF PRESIDENT READING. [1758 

18. You are to take Care, that in all Acts or Orders 
to be passed within that Our said Province, in any 
Case for levying Money or imposing Fines and Penal- 
ties, express mention be made, that the same is 
granted or reserved to Us, Our Heirs or Successors for 
the Pubhck Uses of that Our Province and the sup- 
port of the Government thereof, as by the said Act or 
Order shall be directed, and you are particularly not 
to j)ass any Law or do any Act by Grant, Settlement 
or otherwise, whereby Our Eevenue may be Lessened 
or impaired without Our especial leave or Command 
therein. 

19. You are not to suffer any publick Money what- 
soeve]' to be issued or disposed of, otherwise than by 
Warrant under your hand, by and with the Advice 
and Consent of Our said Council, but the Assembly 
may be nevertheless permitted from time to time to 
view and examine the Accounts of Money or Value of 
Money disposed of by Virtue of Laws made by them, 
which you are to signify unto them, as there shall be 
occasion. 

20. You are not to permit any Clause whatsoever 
to be inserted in any Law for the Levying Money or 
the Value of money, wherebv the same shall not be 
made lyable to be accounted for unto Us. and to Our 
Commissioners of Our Treasury or Our High Treas- 
urer for the time being, and audited by Our Auditor 
General of Our Plantations or his Deputy for the time 
being. And we do particularly require and enjoyn 
you, under the pain of Our highest Displeasure, to 
take Care, that fair Books of Accounts of all Receipts 
& payments of aU publick Money be duly kept, and 
the Truth thereof attested upon Oath And that all such 
Accounts be audited and attested by the Auditor Gen- 
eral of Our Plantations or his Deputy, who is to trans- 
mit Copies thereof to Our Commissioners of Our Treas- 
ury or to Our High Treasurer for the time being, and 



1758] ADMINISTRATION OF PRESIDENT READING. 49 

that you do every half Year or oftener send another 
Copy thereof attested by yourself to Our Commissioners 
for Trade and Plantations, and Duphcates thereof by 
the next Conveyance; In which Books shall be specified 
every particular Sum raised, and disposed of, together 
with the names of the Persons to whom any Payment 
shall be made, to the end We may be satisfied of the 
Eight and due appUcation of the Revenue of Our said 
province with the probability of the increase or Dimi- 
nution of it under every head or Article thereof. 

21'> It is Our express Will and Pleasure, that no 
Law for raising any imposition on Wines or other 
strong Liquors be made to continue for less than one 
whole Year, and that all other Laws made for tbe 
supply and Support of the Government shall be indefi- 
nite and without Limitation, except the same be for 
a temporary Service, and which shall expire and have 
their full effect within the time therein prefixt. 

22. Whereas Acts have been passed in some of Our 

This Aiticie Plantations in America for striking Bills of 

by'tiirLords Credit and issuing out the same in lieu of 

ofthecoimcn, Moucy, and for declaring the said BiUs to 

& in lieu there- , , , „ , . j_ jl- n • j. 

ofwasinsert'd be legal Tcudcrs m payment oi ail private 
SUri^stmlT- Contracts, Debts, Dues and Demands what- 
tions given to socvcr, ill Order to discharge their publick 
chefSq^ tte Debts and for other purposes; from whence 
late Gov' Several Inconveniences have arisen; It is 
in co^cndr. therefore Oar Will and Pleasure, that you 
tedi^' of April (Jq Dot givo your Asseut to or pass any Act 
Bund'e in the Province of New Jersey under your 
Government, whereby BiUs of Credit may be struck 
or issued in lieu of Money, unless upon sudden and 
extraordinary Emergencies of Government, in Case of 
War or Invasion, and upon no other occasion what- 
ever, and provided that in every such Act so to be 
passed by you, due care be taken to ascertain the real 
Value of such Bills of Credit, and that an ample and 
4 



50 ADMINISTRATION OF PRESIDENT READING. [1758 

sufficient fund be provided, for calling in, sinking and 
discharging the said Bills within a reasonable time, 
not exceeding five Years; and provided also, that such 
Bills of Credit shall not be declared to be a legal Ten- 
der in payment of any private Contracts, Bargains, 
Debts, Dues or Demands whatsoever within Our said 
Province; and it is Our further Will & Pleasure, that 
you do not upon any pretence whatsoever give your 
Assent to any Act or Acts, whereby the time limited 
or the Provision made for the calling in, sinking and 
discharging such paper Bills of Credit, as are already 
subsisting or passing in payment within Our said 
Province, shall be protracted or postponed, or whereby 
any of them shall be depreciated in Value, or whereby 
they shall be re-issued, or obtain a new and further 
Currency. 

23. Whereas several Inconveniences have arisen to 
Our Governments in the Plantations by Gifts and 
Presents made to Our Governors by the general As- 
semblies; you are therefore to propose unto the As- 
sembly at then- fii'st meeting after your Arrival, and 
to use your utmost Endeavour with them, that an 
Act be passed for raising and settUng a pubUck Eeve- 
nue for defraying the necessary Charge of the Govern- 
ment of Our said Province, and that therein Provision 
be particularly made for a competent Salary to your- 
self as Captain General and Governor in Chief of Our 
said Province, and to other Our succeeding Captains 
General and Governors in Chief for supporting the 
Dignity of the same Office, as likewise due Provision 
for the Contingent Charges of Our Council and As- 
sembly, and for the Salaries of the respective Clerks 
and other Officers thereunto belonging, as likewise of 
all other Officers necessary for the Administration of 
that Goverment, and particularly that such Salaries 
be enacted to be paid in SterHng or Proclamation 
Money or in paper Bills of Credit current in that Prov- 



1758] ADMIKISTKATION OF PRESIDENT READ TNG. 51 

ince in proportion to the Value such Bills shall pass at 
in Exchange for Silver, that thereby the respective 
Officers may depend on some certain income, and not 
be lyable to have their Stipends varied by .the uncer- 
tain Value of Paper Money, and that in such Act all 
Officers Salaries be fixed to some reasonable yearly 
Sum, except the Members of the Council and Assem- 
bly and the Officers attending them, or others whose 
Attendance on the publick is uncertain, who may 
have a reasonable pay estabhshed per Diem during 
their Attendance only; And when such Revenue shall 
have been so settled and Provision made as aforesaid, 
then Our express Will & Pleasure is, that neither you 
Our Governor, nor any Governor, Lieuten!^ Governor, 
Commander in Chief, or President of Our Council of 
Our said Province of New Jersey for the time being, 
do give your or their Consent to the passing of any Law 
or Act for any Gift or Present to be made to You or 
them by the Assembly; and that neither you nor they 
do receive any Gift or Present from the Assembly or 
others on any Account or in any Manner whatsoever, 
upon pain of Our Highest Displeasure and of being- 
recalled from that Our Government. And We do 
further direct and require that this Declaration of Our 
Royal WiU and Pleasure be communicated to the As- 
sembly at their first meeting after your Arrival in Our 
said Province, and entred in the Register of Our Coun- 
cil and Assembly, that all Persons, whom it may con- 
cern, may govern themselves accordingly. 

21:. And whereas an Act of Parhament was passed 
in the sixth Year of the Reign of Her late Majesty 
Queen Anne, intituled an act for ascertaining the 
Rates of foreign Coins in Her Majesty- s Plantations 
in America, which Act the respective Governors of aU 
Our Plantations in America have from time to time 
been instructed to observe and carry into execution; 
And whereas notwithstanding the same, Complaints 



52 ADMINISTRATION OF PRESIDENT READING. [1758 

have been made, that the said Act has not been ob- 
served, as it ought to have been, in many of Our Col- 
onies and Plantations in America, by means whereof 
many indirect Practices have grown up, and various 
and illegal Currencies have been introduced in several 
of the said Colonies and plantations, contrary to the 
true intent and meaning of the said Act, and to the 
prejudice of the Trade of Our Subjects; It is therefore 
Our Royal Will & Pleasure, and you are hereby 
strictly required and commanded, under pain of Our 
highest Displeasure and of being removed from your 
Government, to take the most effectual care for the 
future, that the said Act be punctually and bona fide 
observed and put in execution, according to the true 
Intent and meaning thereof. 

25. And whereas complaint has been made to Us by 
the Merchants of Our City of London in behalf of 
themselves and of sevei'al others of Our good Subjects 
of Great Britain trading to Oar Plantations in Amer- 
ica, that greater Duties and Impositions are laid on 
their Ships and Goods, than on the Ships and Goods 
of Persons who are Natives and Inhabitants of the 
said Plantations; It is therefore Our Will & Pleasure, 
that you do not, on pain of Our Highest Displeasure 
give your Assent for the future to any Law, wherein 
the Natives or Inhabitants of Our Province of New 
Jersey, under Your Government are put on a more 
advantageous footing, than those of this Kingdom, or 
whereby Duties shall be laid upon British Shipping, or 
upon the Product or Manufactures of Great Britain 
upon any Pretence whatsoever. 

20. Whereas Acts have been passed in some of Our 
Plantations in America for laying Duties on the Im- 
portation and exportation of Negroes, to the great 
Discouragement of the Merchants trading thither from 
the Coast of Africa ; and whereas Acts have likewise 
been passed for laying Duties on Felons imported, in 



1758] ADMINISTRATION OF PRESIDENT READING. 53 

direct Opposition to an Act of Parliament passed in 
the fourth Year of His late Majesty's Reign, for the 
further 2oreventing Robbery, Burglary, and other 
Felonies, and for the more effectual Trayisportation of 
Felons ; it is Our Pleasure, that you do not give your 
assent to or pass any Act imposing Duties upon Ne- 
groes imported into the said province under your Gov- 
ernment, payable by the importer, or upon any Slaves 
exported that have not been sold in the said Province, 
and continued there for the space of tvk^elve Months : 
It is Our further Will & Pleasure, that you do not 
give your Assent to or pass any Act whatsoever for 
imposing Duties on the importation of any Felons 
froQi this Kingdom into the province under Your Gov- 
ernment. 

27. You are hkewise to examine, what Rates and 
Duties are charged and payable upon any Goods im- 
ported or exported within Our Province of Nova Cses- 
area or New Jersey, whether of the growth or Manu- 
facture of Our said Province or otherwise ; and you 
are to suppress the engrossing of Commodities, as tend- 
ing to the prejudice of that Freedom which Trade and 
Commerce ought to have : And to use your best En- 
deavours for the Improvement of Trade in those parts 
by settling such Orders and Regulations therein, with 
the advice of the Council, as may be most acceptable 
to the generahty of the Inhabitants ; and to send unto 
Oui' Commissioners for Trade and Plantations, in 
Order to be laid before Us, yearly or oftener as oc- 
casion may require, the best and most particular Ac- 
count of any Laws that have at any time been made, 
Manufactures set up, or Trade carried on in the prov- 
ince under your Government, which may in any wise 
affect the Trade and Navigation of this Kingdom. 

28. You are to transmit Authentick Copies of all 
Laws, Statutes and Ordinances that are now made 
and in Force which have not yet been sent, or which 



54 ADMINISTRATION" OF PRESIDENT READING. [1758 

at any time hereafter shall be made or enacted within 
the said province, each of them separately under the 
Publick Seal mito Our said Commissioners for Trade 
and Plantations within three months or by the first 
Opportunity after their being enacted, together with 
Duplicates thereof by the next Conveyance, upon pain 
of Our higest Displeasure and of the Forfeiture of that 
year's Salary, wherein you shall at any time or upon 
any pretence whatsoever, omit to send over the said 
Laws, Statutes and Ordinances, as aforesaid, within 
the time above limited, as also of such other penalty 
as We shall i3lease to inflict ; but if it shall happen, 
that no shipping shall come from the said Province 
within three Months after the making such Laws, 
Statutes and Ordinances, whereby the same may be 
transmitted, as aforesaid, then the said Laws, Statutes 
and Ordinances are to be transmitted, as aforesaid, by 
the next Conveyance after the making thereof, when- 
ever it may happen, for Our Approbation or Disallow- 
ance of the same. 

29. And Our further Will & Pleasure is, that the 
Copies and Duplicates of all Acts that shall be trans- 
mitted, as aforesaid, be fairly abstracted in the Margin, 
and that in every Act there be the several Dates or re- 
spective times when the same passed the Assembly 
and the Council and receiv'd Your Assent ; and you 
are to be as particular as may be in your Observations 
(to be sent to Our Commissioners for Trade and Plant- 
ations) upon eveiy Act, that is to say, whether the 
same is introductive of a New Law, declaratory of a 
former Law, or does repeal a law then before in being, 
And you are likewise to send to Our said Commission- 
ers the reasons for the passing of such law, unless the 
same do fully appear in the preamble of the said Act. 

30. You are to require the Secretary of Our said 
Province or his Deputy for the time being to furnish 
you with Transcripts of all such Acts and publick 



1758] ADMIKISTEATIO]Sr OF PEESIDEISTT READING. 55 

Orders as shall be made from time to time, together 
with a Copy of the Journals of the Council; and that 
all such transcripts and Copies be fairly abstracted in 
the Margins, to the end the same may be transmitted 
to Our Commissioners for Trade and Plantations, as 
above directed, in Order to be laid before Us; which 
he is duly to perform upon Pain of incurring the For- 
feiture of his place. 

31. You are also to require from the Clerk of the 
Assembly or other proper Officer transcripts of all the 
said Journals, and other proceedings of the said As- 
sembly; and that all such transcripts be fairly ab- 
stracted in the Margins, to the end the same may in 
like manner be transmitted, as aforesaid. 

32. Whereas it is necessary that Our Rights and 
Dues be preserved and recovered, and that speedy and 
effectual Justice be adrainistred in all Cases relating to 
Our Ee venue; you are to take Care that a Court of 
Exchequer be called and do meet at all such times as 
shall be needfull; and you are upon your Arrival to 
inform us by Our Commissioners for Trade and Plan- 
tations, whether Our Service may require that a Con- 
stant Court of Exchequer be settled and established 
there. 

33. You shall not erect any Court or Office of Judi- 
cature not before erected or established, nor dissolve 
any Court or Office already erected or establish'd with- 
out Our especial Order. But in regard We have been 
informed, that there is a great Want of a particular 
Court for determining of small Causes, you are to 
recommend it to the Assembly of Our said Province, 
that a Law be passed, if not already done, for the con- 
stituting such Court or Courts for the Ease of Our 
Subjects there. 

34. And whereas frequent Complaints have been 
made to Us of great Delays and undue proceedings in 
the Coux'ts of Justice in several of Our Plantations, 



56 ADMINISTRATION OP PRESIDENT READING. [1758 

whereby many of Our Subjects have very much suf- 
fered; 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 prevented; 
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. 

35. You are to take Care that no Man's Life, Mem- 
ber, Freehold or Goods be taken away or harmed in 
Our said province, otherwise than by established and 
Known Laws, not repugnant to, but as much as may 
be agreeable to, the Laws of this Kingdom. 

36. It is Our further Will & Pleasure, that no pei-- 
sons be sent as Prisoners from this Kingdom, from 
New Jersey without sufficient Proofs of their Crimes, 
and that Proof transmitted along with the said 
Prisoners. 

37. You shall endeavour to get a Law passed (if not 
already done) for the restraining of any Inhuman 
Severity, which by ill Masters, or Overseers may be 
used towards their Christian Servants, and their 
Slaves; and that Provision be made therein, that the 
willfuU killing of Indians and negroes may be punish'd 
with Death, and that a fit Penalty be imposed for the 
maiming of them. 

38. You are to take Care that all Writs be issued in 
Our Name throughout Our said Province. 

39. Our V/ill & Pleasure is, that you or the Com- 
mander in Chief of Our said province for the time 
being, do in all civil Causes, on Application being 
made to you or the Commander in Chief for the time 



1758] ADMINISTRATION OF PRESIDENT READING. 57 

being, for that purpose, permit and allow Appeals 
from any of the Courts of common Law in Our said 
province unto You or the Commander in Chief or the 
Council of our said Province; and you are for that 
purpose to issue a Writ in the manner which has 
usually been accustomed, returnable before yourself 
and the Council of Our said Province, who are to pro- 
ceed to hear and determine such Appeal, wherein such 
of Our Council shall be at that time Judges of the 
Court, from whence such Appeal shall be so made to 
you Our Captain General or to the Commander in 
Chief for the time being, and to Our said Council, as 
aforesaid, shall not be permitted to vote upon the said 
Appeal; but they may nevertheless be present at the 
hearing thereof to give the Reasons of the Judgement 
given by them in the Causes wherein such Appeals 
shall be made; provided nevertheless that, in all such 
Appeals, the Sum or Value appealed for, do exceed the 
Sum of three hundred pounds Sterling, and that 
Security be first duly given by the Appellant to answer 
such Charges as shall be awarded, in Case the first 
Sentence be affirmed, and if either party shall not rest 
satisfyed with the judgment of you or the Commander 
in Chief for the time being and Council, as aforesaid. 
Our Will and Pleasure is, that they may then appeal 
unto Us in Our privy Council, provided the Sum or 
Value so appealed for unto Us exceed five hundred 
pounds Sterling, and that such Appeals be made within 
fourteen days after Sentence, & good Security given by 
the Appellant, that he will effectually prosecute the 
same, and answer the Condemnation, as also pay such 
Costs and Damages as shall be awarded by Us, in Case 
the Sentence of you or the Commander in Chief for the 
time being and Council be affirmed; provided never- 
theless, where the matter in question relates to the 
taking or demanding any Duty payable to Us, or to 
any Fee of Office, or annual Rent or other such like 



58 ADMINISTRATION OF PRESIDENT READING. [1758 

matter or thing, where the Eights in future may be 
bound, in all such cases you are to admit an Appeal to 
Us in Our privy Council, though the immediate Sum or 
value appealed for be of a less Value; and it is Our 
farther Will & PZeas?tre, that in all cases whereby 
your Instructions, you are to admit Appeals to Us in 
Our privy Council, execution be suspended until the 
final Determination of such Appeals, unless good and 
sufficient Security be given by the Appellee to make 
ample Kestitution of all that the Appellant shall have 
lost by means of such judgment or Decree, in case 
upon the Determination of such Appeal such Decree 
or Judgment should be reversed, and Restitution 
awarded to the Appellant, 

40. You are also to permit Appeals to Us in Council 
in all Cases of Fines imposed for Misdemeanors, pro- 
vided the Fines so imposed amount to or exceed the 
Value of £200 Sterling, the Appellant first giving good 
security, that he will effectually prosecute the same, 
and answer the Condemnation if the Sentence by 
which such Fine was imposed in Our said province of 
New Jersey, shall be confirmed. 

-11, You shall not appoint any person to be a Judge 
or Justice of the peace without the Advice and Con- 
sent of at least three of Our Council signified in Coun- 
cil; nor shall you execute yourself or by De^Duty any 
of the said Offices; And it is Our further Will & Pleas- 
ure, tliat all Commissions to be granted by you to any 
person or persons to be Judges, Justices of the Peace, 
or other necessary Officers be granted during Pleasure 
only. 

42. You shall not displace any of the Judges, Jus- 
tices, Sheriffs or other Officers or Ministers within Oar 
said Province without good and sufficient cause, which 
you shall signify in the fullest and most distinct man- 
ner to Our said Commissioners for Trade and Planta- 
tions, in order to be laid before Us, by the first Oppor- 
tunity after such Removal. 



1758] ADMINISTRATION OF PRESIDENT READING. 59 

43. You shall not suffer any Person to execute more 
Offices than one by Deputy. 

44. You are, with the Advice and Consent of Our 
said Council, to take especial Care to regulate all Sal- 
aries and Fees belonging to places, or paid upon Emer- 
gencies, that they be within the Bounds of Moderation ; 
and that no exaction be made on any Occasion whatso- 
ever ; as also that all Tables of Fees be publickly hung 
up in all places where such Fees are to be paid ; and 
you are to transmit Copies of all such Tables of Fees 
to our Commissioners for Trade and Plantations, in 
order to be laid before Us, as aforesaid. 

45. Whereas there are several Offices in Our Planta- 
tions, granted under Our great Seal of this Kingdom, 
and that Our Service may be very much prejudiced by 
reason of the absence of the Patentees, and by their 
appointing Deputies not fit to officiate in their stead, 
you are therefore, upon your Arrival, to inspect such 
of the said Offices as are in your Government, and to 
enquire into the Capacity and behavioui- of the Persons 
now exercising them, and to report thereupon to Our 
Commissioners for Trade and Plantations, what you 
think fit to be done or altered in relation thereunto ; 
and you are upon the misbehaviour of any of the said 
Patentees, or their Deputies, to suspend them from the 
Execution of their places, till you shall have repre- 
sented the whole matter and receiv'd Our Directions 
therein ; and in case of the Death of any such Deputy, 
It is Our express Will & Pleasure, that you take Care 
the Person appointed to execute the place, untill the 
Patentee can be informed thereof and appoint another 
Deputy, do give sufficient Security to the Patentee, or 
in case of Suspension to the person suspended, to be 
answerable to him for the Profits accruing during such 
interval by Death or during suspension, in Case we 
shall think fit to restore him to his place again. It is 
nevertheless Our Will & Pleasure, that the person 



60 ADMINISTRATION OF PRESIDENT READING. [1758 

executing the place during such Suspension, shall, for 
his Encouragement receive the same profits as the 
Person dead or suspended did receive ; And it is Our 
further Will & Pleasure that in Case of the Suspension 
of a Patentee, the person appointed by you to execute 
the Office, during such Suspension, shall, for his en- 
couragement, receive a Moiety of the Profits which 
would otherwise [have] accrued and become due to such 
patentee, giving Security to such Patentee to be answer- 
able to him for the other Moiety, in case We shall 
think fit to restore him to his place again : And it is 
Our further Will & Pleasure that you do countenance 
and give all due encouragement to all Our Patent Of- 
ficers, in the enjoyment of their legal and accustomed 
Fees, Rights, Priviledges, and Emoluments, according 
to the true Intent and meaning of their Patents. 

46. You shall not, by Colour of any Power or Au- 
thority hereby or otherwise granted or mentioned to 
be granted unto you, take upon you to give, grant or 
dispose of any Office or place within Our said Province, 
which now is or shall be granted under the great Seal 
of Great Britain or to v/hich any person is or shall be 
appointed by Warrant under Our Signet or Sign Man- 
ual, any otherwise than that you may, upon the Va- 
cancy of any such Office or Place, or Suspension of 
any such Officer by you, as aforesaid, put in any fit 
person to officiate in the interval, till you shall have 
represented the matter unto Our Commissioners for 
Trade and Plantations, in order to be laid before us, 
as aforesaid, which you are to do by the first Oppor- 
tunity, and untill the said Office or Place be disposed 
of by Us, Our Heirs or Successors, under the Great 
Seal of Great Britain, or until some Person shaU be 
ai^pointed thereto under Our Signet or Sign Manual, 
or that Our further Directions be given therein. 

47, And whereas several Complaints have heretofore 
been by made the Surveyor General and other Officers of 



1728] ADMINISTKATIOJSr OF PRESIDENT KEADING. 61 

Our Customs in Our Plantations in America, that they 
have been frequently obliged to serve on Juries and 
personally to appear in Arms, whenever the Militia is 
dravv^n out, and thereby are much hindred in the Exe- 
cution of their Employments, Our Will and Pleasure 
is, that you take effectual Care and give the necessary 
Directions, that the several Officers of Our Customs be 
excused and exempted from serving on any Juries. 

48. And whereas the Surveyors General of Our 
Customs in the Plantations are impower'd in case of 
the Vacancy of any our Offices of the Customs by 
Death, Eemoval or otherwise, to appoint other Persons 
to execute such Offices untill they receive further Di- 
rections from Our Commissioners of Our Treasury, or 
Our High Treasurer or Commissioners of Our Customs 
for the time being, but in regard the Districts of the 
said Surveyors General are very extensive, and that 
they are required at proper times to visit the Officers 
in the several Governments under their Inspection, 
and that it may happen, that some of the Officers of 
Our Customs in the Province of Nova Csesarea or New 
Jersey, may dye at the time when the Surveyor is 
absent in some distant part of his District, so tliat he 
cannot receive Advice of such Officers Death within a 
reasonable time and thereby make Provision for carry- 
ing on the Service, by appointing some other Person 
in the room of such Officer who may happen to die, 
therefore that there may be no dela}'' given on such 
Occasion to the Masters of Ships or Merchants in their 
Dispatches, It is Our further Will & Pleasure, in case 
of such Absence of the Surveyor General, or if he 
should happen to die, and in such Cases only, that 
upon the Death of any Collector of Our Customs with- 
in that Our Province, you shall make choice of a Per- 
son of Known Loyalty, Experience, Diligence and 
Fidelity, to be imploy'd in such Collectors room f(H" the 
purposes aforesaid, untill the Surveyor General of Our 



62 ADMINISTRATION OF PRESIDENT READING. [1758 

Customs shall be advised thereof, and appoint another 
to succeed in their places or that further Directions 
shall be given therein by Our Commissioners of Our 
Treasury, or Our High Treasurer, or by the Commis- 
sioners of Our Customs for the time being, which 
shall be first signified, taking Care that you do not 
under pretence of this Instruction, interfere with the 
Powers and Authorities given by the Commissioners 
of Our Customs to the said Surveyors General, when 
they are able to put the same in Execution. 

49. Whei^eas it is convenient for Our Service, that 
all the Surveyors Gen! of Our Customs in America for 
the time being should be admitted to sitt and vote in 
the respective Councils of Our several Islands and 
Provinces within their Districts as Councillors extra- 
ordinary, during the time of their Kesidence there. 
We have therefore thought fit to constitute and ap- 
point, and do hereby constitute and a])point the Sur- 
veyor General of Our Customs for the Northern District 
and the Surveyor General of Our Customs within the 
said District for the time being, to be Councillors extra- 
ordinary in Our said Province. And it is Our Will & 
Pleasure, that he and they be admitted to sit and vote 
in the said Council, as Councillors extraordinary, dur- 
ing the time of his or their Residence there; But it is 
Our Intention, if thro' length of time the said Survey- 
or General or any other Surveyor General should be- 
come the senior Councillor in Our said Province, that 
neither he nor they shall l)y virtue of such Seniority, 
be ever capable to take u]X)n him or them the Admin- 
istration of the Government there, upon the Death or 
Absence of Our Captains Gen| or Governors in chief 
for the time being; but whenever such Death or Ab- 
sence shall happen, the Government shall devolve upon 
the Councillor next in seniority to the Surveyor Gen- 
eral, unless We should hereafter think it for Our 
Royal Service to nominate the said Surveyor General 



1758] ADMIJflSTRATION OF PKESIDENT KEADIKG. " 68 

or any other of Our said Surveyors General Councillors 
in ordinary in any of Our Governments v^ithin their 
Survey, w^ho shall not in the Case be excluded any 
Benefit which attends the Seniority of their Rank in 
the Council. 

50. It is Our further Will & Pleasure, and you are 
hereby required by the first Opportunity to move the 
Assembly of Our said Province under your Govern- 
ment, that they provide for the Expence of making 
Copies for the Surveyor General of Our Customs in 
the said District for the time bein.s^-, of all Acts and 
Papers which bear any relation to the Duty of his 
Office; and in the mean time you are to give Orders, 
that the said Surveyor General for the time being, as 
aforesaid, be allowed a free Inspection in the publick 
Offices within your Government of all such Acts and 
papers without paying any Fee or i-eward for the same. 

51. You are to transmit unto Our Commissioners 
for Trade and Plantations, with all convenient speed, 
in Order to be laid before Us, a particular Account of 
all Establishments of Jurisdictions, Courts, Offices and 
Officers, Powers, Authorities, Fees and Privileges, 
granted or settled or which s]iall be granted or settled 
within Our said Province, together with an Account 
of all the Expences attending the Establishments of 
the said Courts, and of such Funds as are settled and 
appropriated for discharging such Expences. 

52. Our Will and Pleasure is, that for the better 
quieting the Minds of Our good Subjects Inhabitants 
of Our said Province, and for settling the Properties 
and Possessions of all Persons concerned therein, 
either as General Pioprietoi's of the Soil, under the 
first original Grant of the said Province made by the 
late King Charles the Second to the late Duke of York, 
or as particular Purchasers of any Parcels of Land 
from the general Proprietors, you shall propose to the 
General Assembly of Our said Province the passing of 



G4 ADMINISTRATION OF PRESIDENT READING. [1758 

such Act or Acts whereby the Eight or Property of 
the said General Proprietors to the Soil of our said 
Province may be confirmed to them according to theu" 
respective Eights and Titles together with all such 
Quit Eents, as have been reserved or are or shall be- 
come due to the said General Proprietors from the In- 
habitants of Our said Province and all such Priviledges 
as are expressed in the Conveyances, made by the said 
Duke of York excepting only the Eight of Govern- 
ment which remains in Us, And you are further to 
take Care that by the said Act or Acts so to be passed 
the particular Titles and Estates of all the Inhabitants 
of that Province and other purchasers, claiming under 
the said General Proprietors be confirmed & settled, 
as of Eight does appertain, under such Obligations as 
shall tend to the best and speedyest Improvement or 
Cultivation of the same provided always that you do 
not Consent to any Act or Acts to lay any Tax upon 
unprofitable Lands. 

53. You shall not permit any other person or per- 
sons besides the said general Proprietors or Agents to 
purchase any Lands whatsoever from the Indians 
within the Limits of their Grants. 

54. You are to permit the Surveyors and other Per- 
sons appointed by the forementioned General Proprie- 
tors of the Soil of that Province for surveying and 
recording the Surveys of Land granted by and held of 
them to execute accordingly their respective Trusts 
and you are likewise to permit and if need be aid and 
assist such other Agent or Agents as shall be appointed 
by the said Proprietors for that End to collect and 
receive the Quit Eents which are or shall be due unto 
them from the particular Possessors of any Parcels or 
Tracts of Land, from time to time, provided always 
that such surveyors Agents or other Officers appointed 
by the said General Proprietors do not only take 
proper Oatlis for the due Execution and performance 



1?58] ADMINISTRATION OF PRESIDENT READING. 65 

of their respective Offices or Employments And give 
good and sufficient Security for their so doing, but 
that they Kkewise take the oaths mentioned in the 
foresaid Act entituled, an Act for the fiu^ther Security 
of His Mcijesty^s Person and Government and the Suc- 
cession of the Croivn in the Heirs of the late princess 
Sophia being protestants and for the extinguishing 
the Hopes of the Pretended Prince of Wales and his 
open and Secret Abettors : as also make and subscribe 
the Declaj'ation aforesaid and you are more particularly 
to take Care that all Lands purchased from the said 
Proprietors be cultivated and improved by the pos- 
sessors thereof, And you are to take Care that no Fees 
be exacted or taken by any of the Officers under you, 
for the G-rants of Lands made by the Agents of the 
Proprietors, which Agents are to deliver over to you 
in Council Duplicates of all such Grants to be registred 
in Our Council Books. 

55. Whereas for some Years past the Governors of 
some of Our Plantations have seized and appropriated 
to their own use the produce of Whales of several 
kinds taken upon those Coasts upon pretence that 
Whales are Royal Fishes, which tends greatly to dis- 
courage this Branch of Fishery in Our Plantations and 
prevent Persons from settling there, it is therefore 
Our Will & Pleasure that you do not pretend to any 
such Claim nor give any manner of discouragement to 
the fishery of Our Subjects upon the Coast of the 
Province under your Government but on the Contrary 
that you give all possible Encouragement thereto. 

56. You shall not remit any fines or Forfeitures 
whatsoever above the Sum of ten pounds, nor dispose 
of any Forfeitures whatsoever, until upon signifying 
unto Our Commissioners of Our Treasury or Our High 
Treasurer for the [time ? ] being, and to Our Commis- 
missioners for Trade and Plantations the Nature of the 
Offence, and the Occasion of such Fines and Forfei- 

5 



B6 ADMINISTRATION OF PRESIDENT REA.DING. [1758 

tures with the particular Sums or Value thereof (which 
you are to do with all speed) you shall have receiv'd 
Our Directions therein, but you may in the mean time 
suspend the payment of the said Fines and Forfeitures. 

57. Whereas We have thought it necessary for Our 
Service to constitute and appoint a Receiver General 
of the Rights and Perquisites of the Admiralty. It is 
therefore Our Will & Pleasure that you be aiding and 
assisting to the said Receiver (General; his Deputy or 
DejDuties in the Execution of the said Office of Receiver 
General; And we do hereby require and enjoin you to 
make up your Accounts with him, his Deputy or 
Deputies of all Rights of Admiralty as you or your 
Officers have or shall or may receive, and to pay over 
to the said Receiver General, his Deputy or Deputies 
for Our Use all such Sum or Sums of Money, as shall 
appear upon the foot of such Accounts to be and 
remain in your hands, or in the Hands of any of your 
Officers; And whereas Our said Receiver General is 
directed, in case the Parties Chargeable with any part 
of such Our Revenue, refuse, neglect or delay payment 
thereof, by himself or sufficient Deputy to apply to 
Our Governors, Judges, Atternies General or any other 
Our Officers or Magistrates to be aiding and assisting 
to him in recovering the same; it is therefore Our 
Will & Pleasure that you Our Governor', Oui- Judges, 
Our Attoruies General and all other Our Officers whom 
the same may concern, do use all lawfull Authority 
for the recovering and levying thereof. 

58. You are to permit a Liberty of Conscience to all 
Persons (except Papists) so they be contented with a 
quiet and peaceable enjoyment of the same, not giving 
Offence or Scandal to the Government. 

59. You shall take especial Care that God Almighty 
be devoutly and duly served throughout your Govern- 
ment, the Book of Common Prayer as by Law estab- 
lished, read each Sunday and Holy day and the blessed 



1758] ADMINISTRATION OF PRESIDENT READING. 6? 

Sacrament administred according to the Rites of the 
Church of England. 

60. Yo2i shall be carefull that the Churches already 
built there be well and orderly Kept, and that more be 
built, as the province shall by God's blessing be im- 
proved, and that besides a competent Maintenance to 
be assign'd to the Minister of each orthodox Church, a 
Convenient house be built at the common Charge for 
each Minister and a competent proportion of Land 
assigned to him for a Glebe and Exercise of His Indus- 
try, and you are to take Care that the parishes be 
bounded and settled as you shall find most convenient 
for the accomplishing this good Work. 

61. You are not to prefer any Minister to any Eccle- 
siastical Benefice in that Our province without a Cer- 
tificate from the Right Reverend Father in God the 
Lord Bishop of London of his being conformable to the 
Doctrine and Discipline of the Church of England and 
of a good Life and Conversation, and if any person 
already preferr'd to a Benefice shall appear to you to 
give Scandal either by his Docrine or Manners you are 
to use the proper and usual means for the removal 
of him. 

62. You are to give order that every Orthodox 
minister within your Government be one of the Vestry 
in his respective parish, and that no vestry be held 
without him except in Case of Sickness, or that after 
Notice of a Vestry summon'd he omit to Come. 

63. You are to enquire whether there be any Minis- 
ter within your Government who preaches and admin- 
isters the Sacrament in any Orthodox Church or 
Chapel without being in due Orders & to give account 
thereof to the said Lord Bishop of London. 

64:. A7id to the End the Ecclesiastical Jurisdiction 
of the said Lord Bishop of London may take place in 
Our said Province so far as conveniently may be. 
We do think fit that you give all Countenance & En- 



68 ADMINISTRATION OF PEESIDENT EEADING. [1758 

couragement to the Exercise of the Same, except only 
the Collating to Benefices, Granting Licences for mar- 
riages, and probate of Wills, which we have reserved 
to you Our Governor and the Commissioner in Chief 
of Our said province for the time being. 

65. We do further direct that no Schoolmaster be 
henceforth permitted to come from England and to 
keep School in the said province without the Licence 
of the said Bishop of London, and that no other person 
uow^ there or that shall come from other parts, shall 
be admitted to keep School in that Our said province 
of New Jersey, without your Licence first obtained. 

60. And you are to take especial Care, that a Table 
of Marriages established by the Canons of the Church 
of England be hung up in every Orthodox Church 
and duly observed And you are to endeavor to get a 
Law passed in the Assembly of Our said Province (if 
not ah*eady done) for the strict Observation of the said 
Table. 

67. The Right Eeverend Father in God Edmund 
late Lord Bishop of London having presented a per- 
tition to his late Majesty Our Royal Father, humbly 
beseeching him to send Instructions to the Governors 
of all the several plantations in America, that they 
cause all Laws already made against Blasphemy, pro- 
phaneness, Adultry, Fornication, Polygamy, Incest, 
prophanation of the Lord's day. Swearing and Drunk- 
eness in their respective Governments to be vigour- 
ously executed. And We thinking it highly just that 
aU persons, who shall offend in any of the particulars 
aforesaid, should be prosecuted and punished for their 
said Offences. It is therefore Our Will and Pleasure, 
that you take due Care for the j)unishment of the fore- 
mentioned Vices, and that you earnestly recommend 
it to the Assembly of New Jersey to provide effectual 
Laws for the Restraint and punishment of all such of 
the aforementioned Vices against which no Laws are 



1758] ADMINISTEATIOK OF PEESIDENT BEADING. 69 

as yet provided, and also you are to use your Endeav- 
ors to render the Laws in being more effectual by pro- 
viding for the punishment of the aforementioned 
Vices by presentment upon Oath to be made to the 
temporal Courts by the Church Wardens of the seve- 
ral parishes, at proper times of the year to be appoint- 
ed for that Purpose. And for the further discourage- 
ment of vice and Encouragement of Virtue and good 
Living (that by such Example the Infidels may be 
invited and desire to embrace the Christian Religion) 
you are not to admit any person to pubhck Trusts and 
Employments in the said Province under your Gov- 
ernment whose ill Fame and Conversation may occa- 
sion Scandal. And it- is Our further Will and Pleas- 
ure that you recommend to the Assembly to enter 
upon proper Methods for the erecting and maintain- 
ing of Schools, in Order to the training up of Youth 
to Reading and to a necessary Knowledge of the prin- 
cipals of Religion, and you are also w^ith the Assist- 
ance of the Council and Assembly to find out the best 
means to facilitate and encourage the Convesion of 
Negroes and Indians to the Christian Religion. 

68. You shall send unto Our Commissioners for 
Trade and Plantations by the first Conveyance in order 
to be laid before us, an Account of the present Num- 
ber of Planters and Inhabitants, Men, Women, and 
Children, as well Masters as Servants free and unfree 
and of the Slaves in Our said province as also an 
yearly Account of the increase or decrease of them 
and how many of them are fit to bear Arms in the 
Militia of Our said province. You shall also cause an 
exact Account to be kept of all Persons born and 
christned and buried, and you shall yearly send fair 
Abstracts thereof to Our Commissioners for Trade and 
Plantations as aforesaid. 

69. And We do further expressly command and 
i-equire you to give unto Our Commissioners for Trade 



70 ADMINISTRATION OF PRESIDENT READING. [1758 

& plantations once in every year the best Account you 
can procure of what number of Negroes Our said 
province is yearly supplied with. 

YO. You shall take Care that all planters and Chris- 
tian Servants be well and fitly provided with Arms 
and that they listed under good Officers and when and 
as often as shall be thought fit mustred and trained 
whereby they may be in a better ready ness for the 
defence of Our said province under your Government. 

71. You are to take especial care that neither the 
frequency nor unreasonableness of their Marches, 
Musters, and trainings be an unnecessary Impediment 
to the affairs of the Inhabitants. 

72. You shall not upon any Occasion whatsoever 
establish or put in Execution any Articles of War or 
other Law Martial upon any of Our Subjects, Inhabi- 
tants of Our said province without the Advice and 
Consent of Our Council there. 

73. And whereas there is no Power given you by 
your Commission to execute Martial Law in time of 
Peace upon Soldiers in pay and that nevertheless it 
may be necessary that some Care be taken for the 
keeping good Discipline amongst those that We may 
at any time think fit to send into Our said province 
(which may properly be provided for by the legislative 
power of the same) you are therefore to recommend to 
the general Assembly of Our said province that they 
prepare such Act or Law for the punishing of Mutiny, 
Desertion and false Musters and for the better pre- 
serving of good Discipline amongst the said Soldiers, 
as may best answer those Ends. 

74. You are to encourage the Indians upon all Occa- 
sions so as to induce them to trade with Our Subjects 
rather than any others of Europe. 

75.. And for the greater Security of Our province of 
New Jersey you are to appoint fit Officers and Com- 
manders in the several parts of the Country bordering 



1758] ADMINISTRATION OF PEESIDENT READING. 71 

upon the Indians who upon any Invasion may raise 
Men and Arms to oppose them till they shall receive 
your Directions therein. 

76. And whereas you will receive from Our Com- 
missioners for Executing the Office of High Admkal 
of Great Britain and of Our plantations a Commission 
of Vice Admiralty of Our said province of New Jersey, 
You are hereby required and directed carefully to put 
in execution the several powers thereby granted you. 

77. And there having been great Irregularities in 
the Manner of granting Commissions in the planta- 
tions to private Ships of War. You are to govern 
yourself whenever there shall be occasion according to 
the Commissions and Instructions granted in this 
Kingdom, Copies whereof will herewith be delivered 
you. But you are not to grant Commissions of Mar- 
que or RejDrizal against any Prince or State or their 
Subjects, in Amity with us to any Person whatsoever 
without Our Especial Command, and you are to oblige 
the Commanders of all Ships having private Commis- 
sions to wear no other Colours than such as are de- 
scribed in Our Order of Council of the 7'!' of Jan7 1730 
in relation to Colours to be worn by all Ships and Ves- 
sels except Our own Ships of War. A Copy of which 
Order wiU be herewith be delivered to you. 

7S. Whereas we have been informed that during the 
time of War Our Enemies have frequently got Intelli- 
gence of the State of Our plantations by letters from 
private persons to their Correspondents in Great 
Britain taken on Board Ships coming from the planta- 
tions, wliich may be of dangerous Consequence if not 
prevented for the future. Onr WiU and Pleasure is, 
that you signify to all Merchants, planters and others 
that they be very Cautious in time of War, in giving 
any Account by Letters of the publick State and Con- 
dition of Our said province of New Jersey, and you 
are further to give Directions to all Masters of Ships 



72 AUMINISTKATION OF PRESIDENT KEA])1NG. [1758 

or other parsons to whom yoa may intrust your Let- 
ters, that they put such Letters in a Bag with a suffi- 
cient Weight to sink the same immediately, in Case of 
imminent dangei* from the Enemy, And you are also 
to let the Merchants and planters know how greatly it 
is for their Interest that their Letters should not fall 
into the Hands of the Enemy, and therefore that they 
should give the like Ordei'S to the Masters of Ships in 
relation to their Letters. And you are further to ad- 
vise all Masters of Ships that they do sink all Letters 
in Case of Danger in the manner before mentioned. 

79. And whereas the Merchants and planters in 
America have in time of War corresponded and traded 
with Our Enemies and carried Intelligence to them, to 
the great prejudice and Hazard of the English planta- 
tions. You are therefore by all possible Methods to 
endeavour to hinder all such trade and Correspondence 
in time of War. 

80. And whereas Commissions have been granted 
unto several persons in Our respective plantations in 
America, for the trying of pirates in those parts i)ur- 
suant to the Acts for the more effectual Suppression 
of Piracy, and by a Commission already sent to Our 
province of New Jersey, you as Captain General and 
Governor in Chief of Our said province are impowered 
together with others mentioned, to proceed accordingly 
in reference to Our said province. Our Will & Pleas- 
ure is, that in all matters relating to pirates, you gov- 
ern yourself according to the Intent of the Acts & 
Commission aforementioned. 

81. V/hereas it is absolutely necessary, that we be 
exactly informed of the State of Defence of aU Our 
plantations in America, as well in relation to the Stores 
of War that are in each plantation, as to the forts and 
Fortifications there, and what more may be necessary 
to be built for the Defence and Security of the same. 
You are so soon as possible to prepare an Account 



1758] ADMINISTRATION OF PRESIDENT READING. 73 

thereof with relation to Our said province of Nova 
Csesarea or New Jersey in the most particular manner, 
and you are therein to express the present State of the 
Arms, Ammunition and other Stores of War belonging 
to the province either in any publick Magazines or in 
the hands of private persons together with the State 
of all places either already fortified or that you judge 
necessary to be fortifyed for the Security of Our said 
province, and you are to transmit the said Accounts to 
Our Commissioners for Trade and plantations, in order 
to be laid before us, as also a Duplicate thereof to Our 
Master General or principal Officers of Our Ordnance, 
which Accounts are to express the particulars of Ord- 
nance, Carriages, Ball, Powder, and all other sorts of 
Arms and Ammunition in Our publick Stores at your 
said Arrival, and so from time to time of what shall 
be sent to you b bought with publick Money and to 
specify the time of the Disposal and the occasion 
thereof and other like Accounts half yearly in the 
same manner. 

82. Whereas divers Acts have from time to time 
been passed in several of Our Colonies in America im- 
posing a Duty of powder on every Vessel that enters 
and clears in the said Colonies, which has been of great 
Service in furnishing the Magazines with powder for 
the Defence of Our said Colonies in time of Danger: it 
is Our E.cpress Will & Pleasure, and you are hereby 
required and directed to recommend to the Assembly 
of New Jei-sey to pass a Law for Collecting a powder 
Duty, and that the Law for that purpose be made per- 
petual, that a certain time in the said Act, not exceed- 
ing twelve months, be allowed for giving Notice 
thereof to the several masters of Vessels trading to 
New Jersey, and that for the more ample Notification 
thereof, a proclamation be also published in your said 
Government declaring that from and after the Expira- 
tion of the time hmited by the said Act for such 



74 ADMINTSTEATION OF PRESIDENT EEADING. [1758 

Notice, no Commutation shall be allow'd of but upon 
evident Necessity, which may some time happen, 
whereof you or Our Commander in Chief for the time 
being are to be the Judge; in which Case the said 
Master shall pay the full price Gunpowder sells for 
there, and the monies so collected shall be laid out as 
soon as may be in the purchase of Gunpowder ; and 
you are also to transmit every six months to Our Com- 
missioners for Trade and Plantations, an Account of 
the particular Quantities of Gunpowder collected under 
the said Act in your Government ; and likewise a 
Duplicate thereof to the Master General or principal 
Officers of Our Ordnance. 

83. You are to take especial Care, that fit Store- 
houses be settled throughout Our said province for re- 
ceiving and keeping of Arms, Ammunition, and other 
publick Stores. 

Si. And in Case of any distress of any of Our plant- 
ations, you shall upon Application of the respective 
Governors to you, assist them with what Aid the Con- 
dition and safety of your Government will permit ; 
and more particularly in Case Our province of New 
York be at any time attacked by an Enemy, the As- 
sistance you are to coutribute towards the Defence 
thereof, whether in Men or Money, is to be according 
to the Quota or Repartition which has already been 
signified to the Inhabitants of Our foresaid province 
under your Government, or according to such other 
Regulation as We shall hereafter make in that behalf, 
and shall signify to you or the Commander in Chief of 
Our said province for the time being. 

85. You shall transmit unto Our Commissioners for 
Trade and plantations, by the first Opportunity, to be 
laid before us, a Map with the exact Desci'iption of 
Our whole Territory under your Government, and of 
the several plantations that are upon it. 

SG. You are from time to time to give an Account, 
as before directed, what Strength your bordering 



1758] ADMIlSriSTEATION OF PRESIDENT READING. 75 

Neighbours have, be the Indians or others, by Sea & 
Land Sc of the Condition of their plantations, & what 
Correspondence you do keep with them. 

87. Yoii are hkewise from time to time to give unto 
Our Commissioners for Trade and Plantations, as 
aforesaid, in order to be laid before us, an Account of 
the Wants and Defects of Our said province ; what are 
the Chief Products thereof, what new improvements 
are made therein by the Industry of the Inhabitants or 
planters ; and what further Improvements you con- 
ceive may be made, or Advantages gained by trade, 
and in what manner We may best Advance the same. 

88. If any thing shall happen that may be of 
Advantage and Security to Our said province, which 
is not herein or by Our Commission provided for, We 
do hereby allow unto you, with the Advice and Con- 
sent of Our Council, to take order for the present 
therein, giving unto Our Commissioners for Trade 
and plantations speedy notice thereof, in order to be 
laid before Us, that so you may receive Our Eatifica- 
tion, if We sliall approve of the same, provided always 
that you do not by Colour of any power or Authority 
given you, commence or declare War without Our 
Knowledge and particular Commands therein, except 
it be against Indians upon Emergencies, wherein the 
Consent of Our Council shall be had and speedy Notice 
given thereof unto Our Commissioners for Trade and 
plantations in Order to be laid before Us. 

89. And whereas great Prejudice may happen to 
Our Service and the Security of Our said province 
under your Government by your Absence from those 
parts, you are not upon any pretence whatsoever, to 
come to Europe from your Government, without first 
having obtained leave for so doing under Our Signet 
and Sign Manual, or by Our Order in Our privy 
Council. 

90. And whereas We have been pleased by Our Com- 
mission to direct, in Case of your Death or Absence 



76 ADMINISTRATION OF PRESIDENT READING. [1758 

from our said province, and in Case there be at that 
time no person upon the place commissioned or ap- 
pointed by Us, to be Our Lieutenant Governor or 
Commander in Chief, the eldest Councillor whose 
name is first placed in these Instructions to you, and 
who shall be at the time of your Death or Absence 
residing within our said province, shall take upon him 
the Administration of the Government and execute 
Our said Commission and Instructions and the several 
powers and Authorities therein contained, in the man- 
ner therein directed; It is nevertheless Our express 
Will and Pleasure, that in such Case the said eldest 
Councillor, or President shall forbear to pass any Act 
or Acts such as shall be immediately necessary for the 
peace and We] If are of Our said province without Our 
particular Order for that purpose, and that he shall 
not take upon him to disolve the Assembly then in 
being, nor to remove or suspend any of the Members 
of Our said Council nor any Judges, Justices of the 
peace or other Officers civil or military without ihe 
Advice or Consent of at least seven of the Council, and 
Our said President is to transmit to Our Commissioners 
for Trade and Plantations by the first Opportunity, 
the reasons of such Alterations, signed by himself and 
Our Council, in order to be laid before Us. 

91. And whereas We are willing in the best manner 
to provide for the support of the Government of Our 
said Province by setting a part sufficient Allowances 
to such as shall be Our Governor, Lieutenant Gover- 
nor, Commander in Chief or President of Our Council, 
residing for the time being within the same; Our Will 
& Pleasure therefore is, that when it shall happen 
that you shall be absent from the Territory of New 
Jersey of which We have appointed you Governor 
one full moity of the Salary and of all perquisites and 
Eiiioluments whatsoever which would otherwise be- 
come due, unto you, shall during the time of your 
Absence, from the said Territory be paid and satisfyed 



17o8] ADMINISTKATION OF PEESIDENT READING. 77 

unto such Governor, Lieutenant Governor, Com- 
mander in Chief or President of Our Council, who 
shall be resident upon the place for the time being, 
which We do hereby order and allot unto him, towards 
his maintenance, and for the better support of the 
Dignity of that Our Government. 

92. And you are upon all Occasions to send unto 
Our Commissioners for Trade and plantations only, a 
particular Account of all your proceedings and of the 
Condition of Affairs within your Government, in 
order to be laid before Us, provided nevertheless when- 
ever any Occurrence shall happen within your Gov- 
ernment of such a Nature and importance as may 
require Our more immediate Direction by one of Our 
principal Secretaries of State, and also upon all Occa- 
sions & in all Affairs wherein you may receive Our 
Orders by one of the principal Secretaries of State, you 
shall in all such Cases transmit to the Secretary of 
State only, an Account of all such Occurences & of 
your proceedings relative to such Orders. 



Orders & Instructions to Our Trusty and 
Welbeloved Francis Bernard Esqf Our Cap- 
tain General & Governor in Chief in and 
over Our province of Nova Caesarea or New 
Jersey in America in pursuance of several 
Laws relating to the Trade and Navigation 
of this Our Kingdom of Great Britain and 
Our Colonies and Plantations in America 

given at Our Court at S- James's the 

day of 1758 in the thirty first Year of 

Our Reign. 

l^.*^ You shall inform yourself of the principal Laws 
relating to the Plantation Trade. [Then follows in the 
original document the titles of numerous navigation 



78 ADMIJ!fISTRATION OP PRESIDE^fT READING. [1758 

acts, covering several pages, which it was thought 
unnecessary to reproduce.] 

An Act for encouraging and increasing of Shipping 
and Navigation; made in the 12"' Year of the Reign of 
King Charles the Second; An Act for preventing frauds 
and regulating Abuses in the Customs; made in the 
13^'' & 14"' Years of the said King's Reign, An Act for 
the Encouragement of Trade made in the 15"' Year of 
the said King's Reign; An Act to prevent planting of 
Tobacco in England; and for regulating the Plantation 
Trade, luade in the 22 & 23'' Years of the said King's 
Reign; an Act for the Encouragement of the Green- 
land and Eastland Trades, and better securing the 
plantation Trade; made in the 25"' Year of the said 
King's Reign; An Act for preventing Frauds and regu- 
lating Abuses in the plantation Trade; made in the 7"' 
& s"' Years of the Reign of King William the 3''; An 
Act for the encrease and encouragement of Seamen; 
made in the same Years of the said King's Reign; An 
Act to enforce the Act for the increase and Encourage- 
ment of Seamen; made in the eighth year of the said 
King's Reign; an Act for raising a Sum not exceeding- 
two Millions &c, and for settling the Trade to the East 
Indies; made in the 9"' & 10"' Years of the said King's 
Reign ; an Act to prevent the Exportation of Wooll out 
of Ireland and England into Foreign parts and for the 
Encouragement of the Woolen Manufacture in the 
Kingdom of England; made in the J<»"' & J i"' Years 
of the said King's Reign; An Act to encourage the 
Trade to Newfoundland; made in the same Years of 
the said King's Reign; An Act for the more effectual 
Suppression of piracy; made in the 11"' & 12"' Years 
of the said King's Reign ; an Act to punish Governors 
of plantations in this Kingdom for Crimes by them 
committed in the plantations; made in the same years 
of the said King's Reign; An Act for granting a fur- 
ther subsidy on Wines and Merchandizes imported; 



l'i'58] ADMINISTRATION OF PRESIDEl^T READING. 79 

made in the 2*' & 4"' Years of the Eeign of Queen 
Anne; An Act to permit the Exportation of Irish 
Linen Cloth to the plantations, &c. made in the same 
Years of the said Queen's Reign; An Act for encour- 
aging the Importation of Naval Stores from Her Maj- 
esty's plantations in America; made in the same Years 
of the said Queen's Reign; An Act for an union of the 
two Kingdom's of England & Scotland; made in the 
fifth year of the said Queen's Reign; An Act for ascer- 
taining the rates of foreign Coins in Her Majesty's 
plantations in America; made in the Sixth Year of 
said Queen's Reign; An Act for the Encouragement 
of the trade to America, made in the same Year of the 
said Queen's Reign; An Act for continuing several 
Impositions A:c, and to limit a time for prosecution 
upon certain Bonds called in the Act plantation Bonds, 
made in the eighth year of the said Queen's Reign; an 
Act for the Encouragement of the Trade to America; 
made in the 9^'' Year of the said Queen's Reign; an 
Act for the Relief of Merchants importing prize Goods, 
from America, made in the tenth Year of the said 
Queen's Reign; An Act for the further preventing 
Robbery, Burglary, and other Felonies &c. and for de- 
claring the Law upon some points relating to Pirates; 
made in the 4*'' Year of His late Majesty Our Royal 
Father's Reign; An Act against clandestine running 
of uncustomed Goods and for the more effectual pre- 
venting of Frauds relating to the Customs; made in 
the fifth Year of his said late Majesty's Reign; an Act 
for the better securing the Lawful Trade of His Maj- 
esty's Subjects to and from the East Indies, and for 
the more effectual preventing all His Ma.jesty's Sub- 
jects trading thither under Foreign Commissions, 
made in the same Year of His said late Majesty's 
Reign; an Act for the further preventing His Majesty's 
Subjects from trading to the East Indies under Foreign 
Commissions and for encouraging and further securing 



80 ADMINISTEATION OF PKESIDENT EEADING. [1758 

the lawful Trade thereto; made m the seventh Year 
of His said late Majesty's Eeign, An Act for giving 
further Encouragement for the Importation of Naval 
Stores; and for otlier purposes therein mentioned; 
made in the eighth year of His said late Majesty's 
Reign; An Act for encouragement of the Silk Manu- 
factures of this Kingdom, &c. and for Importations of 
all Furrs of the product of the British plantations into 
this Kingdom only &c. made in the same Year of His 
said late Majesty's Eeign; An Act to prevent the 
Clandestine Eunning of Goods &c. and to Subject 
Copper Ore of the Production of the British planta- 
tions to such Regulations as other enumerated Com- 
modities of the like production are subject to, made in 
the same Year of His said late Majesty's Reign; an 
Act for the more effectual Suppression of piracy, 
made in the same Year of His said late Majesty's 
Reign; an Act for encouraging the Greenland fishery, 
made in the tenth year of His said.late Majesty's Reign; 
An Act for repealing the Duties laid upon Snuff, &c. 
and for giving a further Encouragement to the Green- 
land Fishery, made in the twelfth year of His said late 
Majesty's Reign; An Act to revive the Laws therein 
mentioned &c. for making Copper Ore of the British 
Plantations an enumerated Commodity, for making 
perpetual an Act therein mentioned for Suppression of 
Piracy &c. made in the second year of Our Reign ; an 
Act for the better preservation of His Majesty's Woods 
in America; and for the importation of Naval Stores 
from thence, &c. made in the same year of Our Reign; 
An Act for reducing the Annuity or Fund of the 
united East India Company and for ascertaining their 
Right of Trade to the East Indies; made in the same 
year of Our Reign; an Act for importing from His 
Majesty's Plantations in America directly into Ireland 
Goods not enumerated in any Act of Parliament, made 
in the fourth year of Our Reign; An Act for granting 



1758] ADMINISTRATION OF PRESIDENT READING. 81 

an Allowance upon the Exportation of British made 
Gunpowder; made in the same year of Our Reign; an 
Act for further encouraging the Manufacture of British 
Sail Cloth by taking off the Duties and Drawbacks 
therein mentioned, and allowing an additional Bounty 
&c. made in the same year of Our Reign; An Act for 
the more easy Recovery of Debts in His Majesty's 
Plantations and Colonies in America, made in the same 
year of Our Reign; an Act to prevent the Exportation 
of Hats out of any of His Majesty's Colonies or Plan- 
tations in America; and to restrain the number of 
Apprentices taken by Hat Makers in the said 
Colonies or Plantations; and for the better encour- 
aging the making Hats in Great Britain; made 
in the same year of Our Reign; an Act for encourag- 
ing the Greenland Fishery; made in the same year 
of Our Reign; an Act for reviving an Act, made in 
the fifth year of the Reign of His late Majesty 
King George the first, for better securing the lawful 
trade of His Majesty's Subjects to and from the East 
Indies &c. made in the same year of Our Reign; An 
Act for the further encouragement of the Whale 
fishery; made in the sixth year of Our Reign; An Act 
for encouraging and regulating the Manufacture of 
British Sail Cloth &c? made in the ninth year of Our 
Reign ; an Act for laying a Duty upon Apples imported 
and for continuing an Act passed in the i"' year of 
Our Reign for granting an Allowance upon the Ex- 
portation of British made Gunpowder, and for taking 
off the Drawback upon the Exportation of Foreign 
Paper and for the better securing the Payment of the 
Bounty on the Exportation of British made Sail Cloth; 
made in the lu"' year of Our Reign; An Act to con- 
tinue to several Acts therein mentioned, one for en- 
couraging the Growth of Coffee in His Majesty's 
plantations in Anirjrica, and the other for the better 
securing and encouragmg the Trade of His Majesty's 
6 



82 ADMINISTEATION OF PRESIDENT HEADING. [1758 

Colonies in America; made in the 11 year of Our 
Eeign: An Act for taking off tlie duties upon woolen 
and Bay Yarn imported from Ireland to England and 
for the more effectual preventing the Exportation of 
Wool from Great Britain and of Wool manufactured 
from Ireland to foreign parts, made in the 12"' year of 
Our Reign; An Act for granting a Liberty to carry 
Sugars of the growth produce or manufacture of any 
of His Majesty's Sugar Colonies in America from the 
said Colonies directly to foreign parts in Ships built in 
Great Britain and navigated according to Law; made 
in the same year of Our Reign; an Act to rectify a 
Mistake in an Act made in the 6*'' year of the Reign of 
His late Majesty King George the first for preventing 
frauds &c, to obviate a doubt which had arisen upon 
An Act made in the 7*'' year of His said late Majesty's 
Reign for the further preventing His Majesty's Sub- 
jects from trading to the East Indies under foreign 
Commissions &c. made in the same year of Our Reign ; 
an Act to continue several Laws therein mentioned 
&C'' and for better Securing the Lawfull Trade of His 
Majesty's Subjects to and from the East Indies 
&c. made in the same year of Our Reign; an Act 
for the better Supply of Mariners and Seamen to 
serve in His Majesty's Ships of War and on board 
Merchants Ships and other trading Ships and Priva- 
teers, made in the 13th Year of Our Reign; an Act 
for the more effectual Securing and encouraging the 
Trade of His Majesty's British Subjects to America, 
and for the Encouragement of Seamen to enter into 
His Majesty's Service; made in the same Year of Our 
Reign, an Act for continuing the several Laws therein 
mentioned lelating to the premiums upon the Impor- 
tation of Masts, Yards and Bowsprits, Tar, Pitch and 
Turpentine, to british made Sail Cloth and the Duties 
payable on foreign made Sail Cloth, to the Greenland 
and to the Whale Fishery and for granting a further 



1758] ADMINISTRATION OF PRESIDEXT READING. 8:^ 

Bounty, &c. &c. made in the same year of Our Eeign; 
an Act for naturalizing such foreign protestants 
and others therein mentioned as are settled or shall 
settle in any of His Majesty's Colonies, in America, 
made in the same Year of Our Reign; an Act for 
restraining and preventing several unwarrantable 
Schemes and undertakings in His Majesty's Colonies 
and plantations in America, made in the fourteenth 
Year of Our Reign ; an Act for the Encouragement 
and increase of Seamen and for the better and spedier 
Manning His Majesty's Fleets; made in the same Year 
of Our Reign; an Act to revive several Acts, &c. &c. 
and for extending the Liberty given by the Act of the 
12*'' Year of the Reign of His present Majesty for car- 
rying Sugar of the growth of the British Sugar Colo- 
nies in America &c. to Ships belonging to any of His 
Majesty's Subjects residing in Great Britain, and navi- 
gated according to Law &c, &c. made in the 15"' Year 
of Our Reign; an Act for further regulating the Plan- 
tation trade &c? made in the same Year of Our Reign; 
an Act to continue several Laws for the Encourage- 
ment of the making of Sail Cloth in Great Britain, 
made in the same Year of Our Reign ; an Act for con- 
tinuing several Laws relating to the Exportation of 
British made Gunpowder to the Importation of Navall 
Stores from the British Colonies in America &c. made 
in the 16"' Year of Our Reign; an Act to continue the 
several Laws therein mentioned for preventing Theft 
and Rapine &c^ and for granting a Libei'ty to carry 
Sugars of the Growth, Produce or Manufacture of any 
of His Majesty's Sugar Colonies in America from the 
said Colonies directly to Foreign parts &c. mde in the 
17"' Year of Our Reign, An Act for the better Encour- 
ment of Seamen in His Majesty's Service and Priva- 
teers to annoy the Enemy made in the same Year of 
Our Reign; An Act for giving a publick Rew^ard to 
such Person or Persons His Majesty's Subject or Sub- 



84 ADMINISTRATION OF PRESIDENT READING. [1758 

jects, as shall discover a North West passage thro' 
Hudson's Streights to the Western and Southern 
Ocean of America, made in the 18"' Year of Our Reign; 
an Act to amend an Act made in the 11"' Year of the 
Reign of King William the Third, entituled an Act for 
the more effectual Suppression of Piracy, made in the 
same Year of Our Reign; an Act to continue two Acts 
of Parliament, one for encouraging the Growth of 
Coffee in His Majesty's plantations in America, and 
the other for the better securing and encouraging the 
Trade of His Majesty's Sugar Colonies in America, 
made in the 19"' Year of Our Reign; an Act for the 
more effectual securing the Duties now payable on 
foreign made Sail Cloth imj^orted into this Kingdom 
and for charging all foreign made Sails with a Duty 
and for explaining a doubt concerning Ships be obliged 
at their first setting out to Sea to be furnished with 
one compleat Set of Sails made of British Sail Cloth, 
made in the same Year of Our Reign; an Act for the 
better encouragement of the Trade of His Majesty's 
Sugar Colonies in America, made in the same Year of 
Our Reign; an Act for the better securing the payment 
of Shares of prizes taken from the Enemy to the 
Royal Hospital at Greenwich and for preventing the 
Embezzlement of Goods and Stores belonging to the 
said Hospital, made in the 2(»"' Year of Our Reign; an 
Act to extend the provision of an Act made in the 
13"' Year of His present Majesty's Reign intituled 
an Act for Naturalizing such Foreign Protestants and 
others therein mentioned as are settled or shall Settle 
in any of His Majesty's Colonies in America, to for- 
eign protestants who conscientiously scruple the 
taking of an Oath, made in the same Year of Our 
Reign ; an Act to continue several Law^s for prohibit- 
ing the Importation of Books reprinted abroad &c-* and 
for better securing the lawfull Trade of His Majesty's 
Subjects to and from the East Indies &c. made in the 



1758] ADMIN"ISTRATION OF PRESIDENT READING. 85 

same Year of Our Eeign ; an Act to continue several 
Laws relating to the Manufactures of Sail Cloth an 
Silk and to give further time for the payment of 
Duties omitted to be paid for the Indentures or Con- 
tracts of Clerks and Apprentices, &c. &c made in the 
same Year of Our Reign ; An Act to continue several 
Laws &c. relating to Rice, to Frauds in the Customs 
Scc^ and to Copper Ore of the British plantations &c? 
made in the same Year of Our Reign ; an Act for 
further regulating the proceedings upon Courts Martial 
in the Sea Service ; and for extending the Disciphne 
of the Navy to the Crews of His Majesty's Ships 
wrecked, lost or taken, and for continuing to them 
their Wages upon certain Conditions, made in the 21'* 
Year of Our Reign ; an Act for permitting tea to be 
exported to Ireland and His Majesty's plantations in 
America, without paying the Inland Duties charged 
thereupon by an Act of the 18*? Year of His present 
Majesty's Reign &c? made in the same Year of Our 
Reign, an Act for encouraging the making of Indico 
in the British plantations in America, made in the 
same Year of Our Reign ; an Act to continue and 
amend several Laws for the relief of Debtors &c^ and 
to rectify a Mistake in an Act passed in the last Session 
of Parhament for continuing several Laws therein 
mentioned (%€'■ made in the same Year of Our Reign ; 
an Act for encouraging the people known by the name 
of Unitas fratrum or united Brethren, to settle in His 
Majesty's Colonies in America, made in the 22'' Year 
of Oui' Reign ; an Act for amending, explaining & re- 
ducing into one Act of parhament the Laws relating 
to the Government of His Majesty's Ships, Vessels and 
Forces by Sea, made in the same Year of Our Reign ; 
an Act for the further Encouragement and Enlarge- 
ment of the Whale Fishery, and for continuing such 
Laws as are therein mentioned relating thereto, and 
for the Naturalization of such foreign Protestants as 



8G ADMINISTRATION OF PRESIDENT READING. [1758 

shall serve for the time therein mentioned on board 
such Ships as shall be fitted out for the said Fishery, 
made in the same year of Our Eeign ; an Act for en- 
couraging the Growth and Culture of Raw Silk in His 
Majesty's Colonies or plantations in America, made in 
the 23'' Year of Our Eeign ; an Act to Encourage the 
Importation of Pig & Bar Iron from His Majesty's 
Colonies in America, and to prevent the Erection of 
any Mill or other Engine for slitting or rolling of Iron ; 
or any ]:)lateing Forge to work with a Tilt Hammer, or 
any Furnace for making steel in any of the said Col- 
onies, made in the same year of Our Reign ; an Act 
for regulating the Commencement of the Year, and 
for correcting the Calendar now in Use, made in the 
24th Year of Oui^ Reign ; An Act for the more effectual 
securing the Duties upon Tobacco made in the same 
Year of Our Reign ; an Act for encouraging the mak- 
ing of Pott Ashes and pearl Ashes in the British plant- 
ations in America, made in the same Year of Our 
Reign ; an Act for continuing several Laws therein 
mentioned relating to the proemiums upon the Im- 
portation of Masts, Yards and Bowsprits, Tai:, Pitch 
and Turpentine, to British made Sail Cloth and the 
Duties payable upon foreign Sail Cloth, and to the Al- 
lowance upon the Exportation of British made Gun- 
powder, made in the same Year of Our Reign ; an Act 
to continue several Laws therein mentioned and for 
granting a Liberty to carry Sugars of the Growth, 
produce or Manufacture of Any of His Majesty's Sugar 
Colonies in America from the said Colonies directly in 
to foreign parts in Ships built in Great Britain and 
navigated according to Law &c. &c. made in the same 
year of Our Reign ; an Act for avoiding and putting 
an End to certain Doubts and Questions relating to the 
Attestation of Wills and Codicils concerning real Es- 
tates in that part of Great Britain called England, and 
in His Majestys Colonies and plantations in America, 



1758] ADMINISTRATION OF PRESIDENT READING. 87 

made in the 25''' year of Our Reign ; an Act to restrain 
the making Insurances on Foreign Ships, bound to or 
from the East Indies, made in the same year of Our 
Eeign ; an Act to amend an Act made in the last 
Session of Parhament entituled an Act for regulating 
the Commencement of the Year, and for correcting the 
Calendar now in Use ; made in the same Year of Our 
Eeign ; An Act for continuing the Act for the encour- 
aging the Growth of Coffee in His Majesty's planta- 
tions in America ; and also for continuing under cer- 
tain Eegulations so much of an Act as relates to the 
proemiums upon the Importation of Masts, Yards, and 
Bowsprits, Tar, pitch and Turpentine, made in the 
same year of Our Eeign ; An Act for continuing sev- 
eral Laws relating to the punishment of persons going 
armed or disguised in Defiance of the Laws of Custom 
or Excise, &c. &c. and for encouraging the Trade of 
the Sugar Colonies in America, &c. &c. made in the 
26*^ Year of Our Eeign ; all which Laws you will here- 
with receive and you shall take a. solemn Oath to do 
your utmost that all the Clauses, Matters and things 
contained in the before recited Acts and in all other 
Acts of Parliament now in force or that hereafter shall 
be made relating to Our Colonies or plantations be 
punctually and bona fide observed according to the 
true Intent and meaning thereof. 

2'' And as by the aforesaid Act made made in the 
seventh and eighth years of King William the third 
the Officers appointed for performance of certain 
things mentioned in the aforesaid Act for the Encour- 
agement of Trade, commonly known by the Name of 
the Naval Officers, are to give Security to the Com- 
missionei's of Our Customs in Great Britain for the 
time being, or such as shall be appointed by them for 
Our Use for the true & faithful performance of their 
duty, you shall take Care that the said Naval Officers 
give such Security to the said Commissioners of Our 



88 ADMIN ISTllATION OF PRKSIDENT KEADT^TG. [1758 

Customs, or the Surveyor General of the Customs for 
the Northern District, who is impower'd to take the 
same in the Manner thereby enjoin'd, and that he or 
they produce to you a Certificate from them of his or 
their having given Security pursuant to a Clause in 
the said Act, and you are not to admit any person to 
Act as naval Officer v^dio does not w^ithin two Months 
or as soon as conveniently may be, after he has entred 
upon the Execution of his Office, produce a certificate 
of his having given such Security as aforesaid. 

3"^ And whereas it is necessary for the more effectual 
Dispatch of Merchants and others that the Naval 
Officers and the Collectors of the Customs should re- 
side at the same Port or Towns, you are therefore to 
take Care that this Eegulation be observed, and to 
consult with the Surveyor Ceneral of Our Customs in 
what place it may be most convenient to have the 
Custom House fixed in each part of his District and to 
take Care that the Collector and Naval Officer reside 
within a convenient Distance of the Custom House 
for the dispatch of Business. 

4 WJiereas by the said Act of Navigation no Goods 
or Commodities whatsoever are to be imported into or 
exported out of any of Our Colonies or plantations in 
any other Ships or Vessels whatsoever, but such as do 
truly and without fraud belong only to Our people of 
Great Britain or Ireland, or of the Built of and belong- 
ing to any of Our Lands, Islands or Territories, as the 
proprietors and right-Owners thereof, and whereof the 
Master and three fourths of the Mariners at least are 
British under the penalty of the Forfeiture and Loss 
of all the Goods and Commodities, which shall be iui- 
ported into or exported out of any of the said places in 
any other Ship or Vessel, as also of the Ship or Vessel 
with her Guns, Furniture &c. and whereas by a Clause 
in the aforesaid Act of Frauds no foreign built Ship, 
that is to say, not built in any of Our Dominions of 



1758] ADMINISTRATION OF PEESIDENT READING. 89 

Asia, Africa, or America, shall enjoy the priviledge of 
a Ship belonging to Great Britain or Ireland, altho' 
owned and manned by British Subjects; (except such 
Ships only as shall be taken at Sea by Letters of Mart 
or Eeprizal, and Condemnation thereof made in Our 
Court of Admiralty as lawful prize, ) but all such Ships 
shall be deemed as aUens Ships, and be liable to all 
Duties that Aliens Ships are liable to by Virtue of the 
aforesaid Act for the encouraging and encreasing of 
Shipping and Navigation; and whereas by a Clause in 
the aforesaid Act for preventing frauds and regulating 
Abuses in the plantation Trade, it is enacted that no 
Goods or Merchandizes whatsoever shall be imported 
into or exported out of any of Our Colonies or planta- 
tions in Asia, Africa or America, or shall be laden in 
or carried from any one port or place in the said Col- 
onies or plantations to any port or place to the same 
or to Our Kingdom of Great Britain in any Ship or 
Bottom, but what is or shall be of the Built of Great 
Britain or Ireland, or of the said Colonies or planta- 
tions, and wholly owned by the people thereof or any 
of them, and navigated with the Master and three 
fourths of the Mariners of the said places only, (except 
such Ships only as shall be taken prize, and Condem- 
nation thereof made in one of the Courts of Admiralty 
in Great Britain, Ireland, or the said plantations, to 
be navigated by the Master and three fourths of the 
Mariners, British or of the said plantations as afore- 
said, and whereof the property doth belong to British 
Subjects) on pain of Forfeiture of Ship and Goods; 
and whereas by another Clause in the said Act, for the 
more effectual prevention of Frauds, which may be 
used by Colouring foreign Ships under British Names, 
it is further enacted that no Ship or Vessel whatsoever 
shall be deemed or pass as a Ship of the Built of Great 
Britain, Ireland, Guernsey, Jersey, or any of Our 
plantations in America, so as to be qualified to trade 



00 ADMINISTRATION" OF PRESIDENT READING. [1758 

to, from or in any of the said plantations, untill the 
person or persons claiming property in such Ship or 
Vessel shall register in manner thereby appointed, you 
shall take Care and give in Charge that these Matters 
and things be duly observed within Our said province 
under your Government, according to the true Intent 
and Meaning of the said Acts, and the Offences & Of- 
fenders prosecuted according to the Directions thereof; 
and where it is required that the Master and three 
fourths of the Mariners be British, you are to under- 
stand that the true Intent and meaning therof is, that 
they shall be such during the whole Voyage, unless in 
Case of Sickness, Death or being taken prisoners in 
the Voyage, to be joroved by the Oath of the Master 
or other Chief Officer of the Ship, and none but Our 
Subjects of Great Britain, Ireland or the plantations 
are to be accounted British. 

5 WJiereas by the said Act of Navigation, as the 
same stands amended and altered by the aforesaid 
Act for regulating the plantation Trade, it is enacted 
that for every Shij) or Vessel that shall set sail out of 
or from Great Britain for any british plantation in 
America, Asia or Africa, sufficient Bond shall be given 
with one Surety to the Chief Officer of the Customs of 
Such port or Place, from whence the said Ship shall 
set Sail, to the Value of £1,000, if the Ship be of less 
burthen than one hundi-ed Tons, and of the Sum of 
£:2,00(), of the ship greater Burthen, that in case the 
said Ship or Vessel shall load any of the Commodities 
therein enumerated, viz. Sugar, Tobacco, Cotton, 
Wool, Indigo, Ginger, Fustick or other dying Wood 
of the growth production or Manufacture of any Brit- 
ish plantation in America, Asia or Africa, at any of 
the said British plantations, the said Commodities 
shall by the said Ship be brought to some port of 
Great Britain, and be there unload en and put on 
Shore, the Danger of the Seas only excepted, and for 



1758] ADMINISTRATION OF PRESIDENT READING. 91 

all Ships coming from any port or place to any of the 
aforesaid plantations, which by this Act are permitted 
to trade there, that the Governors of such British plan- 
tations shall before the said Ship or Vessel be permitted 
to load on board any of the said Commodities, take 
Bond in Manner and to the Value aforesaid for each 
respective Ship or Vessel, that such Ship or Vessel 
shall carry all the aforesaid Goods that shall be loaden 
on board the said Ship or Vessel to some other of the 
said British plantations or to Great Britain, and that 
every Shij) or Vessel which shall load or take on board 
any of the aforesaid Goods until such Bond be given 
to the said Governor or Certificate produced from the 
Officers of any Custom House of Great Britain, that 
such Bond hath been there duly given, shall be for- 
feited with her Guns, Tackle, Apparel and Furniture, 
to be employed and recovered as therein is directed; 
And whereas by the two aforementioned Acts passed 
in the 3'^'& 4"' Years of Queen Anne, the one entituled 
an Act for granting to Her Majesty a further Subsidy 
on Wines and Merchandizes imported, and the other, 
an Act for encouraging the Importation of Naval 
Stores from Her Majesty's plantations in America, 
and by two other aforementioned Acts passed in the 
eighth Year of His said late Majesty's Eeign, the one, 
entituled, an Act for Encouragement of the Silk 
Manufactures of this Kingdom, and for taking off 
several Duties on Merchandizes exported, and for 
reducing the Duties upon Beaver Skins, pepper. Mace, 
Cloves and Nutmegs imported, and for Importation of 
aU Furs of the product of the British plantations into 
this Kingdom only, the other entituled, an Act to pre- 
vent the Clandestine running of Goods, &c. and to 
subject Copper Ore of the production of the British 
plantations to such Regulations as other enumerated 
Commodities of the like production are subject, con- 
tinued by an Act passed in the 8"" Year of Our Reign 



92 ADMINISTRATION OF PRESIDENT READING. [1758 

and is still in force, all Rice (except under the Regula- 
tions prescribed in the before mentioned acts of the S** 
& s"' Years of Our Reign) Melasses, Furs, Hemp, 
pitch- Tar, Turpentine, Masts, Yards, Bowsprits and 
Copper Ore are under the like Securities and penalties 
restrained to be imported into this Kingdom as the 
other abovementioned enumerated Commodities; you 
are therefore to take particular care and give the 
necessary Directions, that the true Intent and meaning 
of All the said Acts be strictly and duly comphed with. 
6 You shall carefully examine all Certificates which 
shall be brought to you of Ships giving Security to 
this Kingdom to bring their Lading of plantation 
Goods hither, as also Certificates of having discharged 
their Ladings of plantation Goods in this Kingdom 
pursuant to their Securities, and whereas the better to 
prevent any of the aforesaid Certificates from being 
counterfeited, the Commissioners of Our Customs have 
thought fit to Sign the same. It is therefore O'lr Will 
<& Pleasure, that no such Certificates be allowed of, 
unless the same be under the Hands and Seals of the 
Customer, Collector and Comptroller of the Customs 
in some port of this Kingdom or two of them ; as also 
under the Hands of four of Our Commissioners of the 
Customs at London, or three of Our Commissioners of 
the Customs at Edinburgh, and where there shall be 
reasonable Ground of Suspicion that the Certificate of 
having give a Security in this Kingdom is false and 
counterfeit, in such Case you or the person or persons 
appointed under you shall require and take sufficient 
Security for the discharge of the plantation Lading in 
this Kingdom, and where there shall be cause to sus- 
pect, that the Certificate of having discharged the 
Lading of plantation Goods in this Kingdom is false 
and counterfeit. You shall not cancel or vacate the 
Security given in the plantations untill you shall be 
informed from the Commissioners of Our Customs in 



1758] ADMINISTRATION^ OP PRESIDENT READING. 93 

Great Britain, that the Matter of the said Certificate is 
true ; and if any person or persons shall counterfeit, 
raze or falsify any such Certificate for any Vessel or 
Goods or shall knowingly or willingly make use there- 
of, you shall prosecute such person for the Forfeiture 
of the sum of five hundred pounds according to a 
Clause of the aforesaid Act for preventing Frauds and 
regulating Abuses in the plantation Trade and pursu- 
ant to the said Act you shall take, that in all such 
Bonds to be hereafter given or taken in the presence 
under your Government, the Surities therein named 
be persons of known Residences and Ability there for 
the Value mentioned in the said Bonds, and that the 
Condition of the said Bonds be within eighteen Llonths 
after the Date thereof, the Danger of the Seas ex- 
cepted, to produce a Certificate of having landed and 
discharged the Goods therein mentioned in one of Our 
plantations or in this Kingdom, otherwise to attest the 
Copy of such Bonds under your Hand and Seal, and to 
cause prosecution thereof. And it is Our further Will 
& Pleasure, that you do give Directions to the Naval 
Officer or Officers not to admit any person to be Secur- 
ity for another, who has Bonds standing out undis- 
charged, unless he be esteemed responsible for more 
than the Value of such Bonds. 

T And you are also to give Directions to the said 
Naval Officer or Officers to advise with the Collector 
of the port or District in taking bonds, and not to 
admit any person to be security in the plantation Bond, 
untill approved by the said Collector. Aiid whereas 
Lists of all Certificates granted in South Britain for 
the Discharge of Bonds given in the plantations are 
every Quarter sent to the Collectors of the Districts 
where such Bonds are given, the said Naval Officer or 
Officers is or are to take Care that no Bond be dis- 
charged or be cancelled by him or them without first 
advising with the Collector and examining the said 



94 ADMINISTRATION OF PRESIDENT READING. [1758 

List to see that the Certificate is not forged or coun- 
terfeited: and whereas the Surveyors General of Our 
Customs in America are directed to examine from 
time to time whether the plantation Bonds be duly and 
regularly discharged you are to give Directions that 
the Surveyor General for the Southern District be per- 
mitted to have recourse to said Bonds as v^ell as the 
Book or Books in which they are or ought to be entred, 
and to examine as well whether due Entry thereof be 
made, as whether they are regularly taken and dis- 
charged, and where it shall appear that Bonds are not 
regularly discharged, you are to order that such Bonds 
be put in Suit. 

8 You are understand that the payment of the Rates 
& Duties imposed by the aforesaid Act for the Encour- 
agement of the Greenland and Eastland Trades and 
for the better securing the plantation Trade on the 
several j^lantation Commodities therein enumerated 
doth not give Liberty to carry the said Goods to any 
other place than to some of Our plantations or to Great 
Britain only, and that notwithstanding the payment 
of the said Duties, Bond must be given to carry the 
said Goods to some of the said Plantations or to Great 
Britain and to no other place. 

9 You shall every three months or oftner or other- 
wise as there shall be opportunity of Conveyance trans- 
mit to the Commissioners of Our Treasury or Our High 
Treasurer for the time being, to Our Commissioners 
for Trade & plantations and to the Commissioners of 
Our Customs in London, a List of all Ships and Ves- 
sels trading in the said province according to the form 
and Specimen herbunto annexed, together with a List 
of the Bonds taken pursuant to the Act passed in the 
22'' & 23'' Years of King Charles the Second's Reign, 
entituled an Act to 2)revent planting Tobacco in Eng- 
land and for regulating the plantation Trade. And 
you shall cause demand to be made of every Master 



1758] ADMINISTRATIOX OF PRESIDENT READING. 95 

at his Clearing of an Invoice of the Contents and 
QuaUty of his Lading &c, according to the Form here- 
unto also annexed, and to enclose a Copy thereof by 
some other Ship, or for want of such Opportunity, by 
the same Ship, under Cover sealed and directed to the 
Commissioners of Our Treasury or Our High Treasurer 
for the time being, to Our Commissioners for trade 
and plantations, and to the Commissioners of Our Cus- 
toms in London, & send another copy of the said In- 
voice in like manner to the Collector of that Port in 
this Kingdom for the time being to which such Ships 
shall be said to be bound. 

10 Whereas by the aforesaid Act for the Encourage- 
ment of Trade no Commodities of the Growth, produc- 
tion or Manufacture of Europe, except Salt for the 
Fishery of New England & Newfoundland, Wines of 
the Growth of the Maderas or Western Islands or 
Azores, Servants and Horses from Ireland, and all 
Sorts of Victuals of the Growth and production of Ire- 
land, and Salt to the province of Pennsylvania and 
New York in pursuance of two Acts, the one passed in 
the thirteenth Year of his said late Majesty's Eeign 
and the other in the third year of Our Reign, shall be 
imported into any of Our Colonies or plantations but 
what shaU be bona fide and without fraud laden and 
shipp'd in Great Britain, and in Ships duly qualified. 
You shall use your utmost Endeavour for the due Ob- 
servance thereof, and if contrary hereunto any Ship 
or Vessel shall import into Our said province under 
your Government any Commodities of the Growth 
production or Manufacture of Europe, but are before 
excepted, of which due proof shall not be made that 
the same were shipt or laden in some port of Great 
Britain by producing Cocquets or Certificates under 
the Hands and Seals of the Officers of Our Customs in 
such port or place where the same were laden, such 
Ship or Vessel and Goods shaU be forfeited, and you 



96 ADMINISTRATION OP PRESIDENT READING. [1758 

are to give in Charge that the same be seized and pros- 
ecuted accordingly. 

11 And in Order to prevent the Acceptance of forged 
Cocquets or Certificates which hath been practised to 
Our great prejudice, you are to give effectual Orders, 
that for all such European Goods as by the said Act 
are to be ship'd and laden in Great Britain Cocquets 
for the same from hence be produced to the Collectors, 
or other Officers of Our Customs in Our foresaid prov- 
ince under your Government for the time being, be- 
fore the unlading thereof, and you shall give Order 
that no European Goods be landed but by Warrant 
from the said Collector in the presence of an Officer 
appointed by him, and for the better prevention of 
Frauds of this Kind you shall take Care that according 
to the said Act of Trade, no Ship or Vessel shall be 
permitted to lade or unlade any Goods or Commodities 
whatsoever untill the Master or Commander thereof 
shall first have made Known to you or such Officer, or 
other person as shall be thereunto authorized and ap- 
pointed, the Arrival of such Ship or Vessel, with her 
Name and the Nauie and Sirname of the Master, and 
hath Shewn that she is a Ship navigated and otherwise 
qualify'd according to Law, and hath delivered to you 
or such other person as aforesaid a true and perfect 
Inventory of her Lading, together with the place, or 
Places in which the said Goods were laden and taken 
into the said Ship or Vessel under Forfeitui^e of such 
Ship and Goods. 

12. You shall not make or allow of any Laws, by 
Laws, Usages or Customs in Our said province under 
your Government, which are repugnant to the Laws 
herein before mentioned or any of them, or to any 
other Law already made or hereafter to be made in 
this Kingdom, so far as such Laws relate to and men- 
tion the said plantations, but you shall declare all such 
Laws, by Laws, Usages or Customs in Our said prov- 



1758] ADMINISTRATION OF PRESIDENT READING. 97 

ince under your Government, which are any wise 
repugnant to the said Laws or any of them to be ille- 
gal, null and void to all Intents and purposes what- 
soever. 

13. You shall be aidiug and assisting to the Collec- 
tors & other Officers of Our Admiralty and Customs 
appointed or that shall hereafter be appointed by the 
Commissioners of Our Customs in this Kingdom by 
and under the Authority and Directions of the Com- 
missioners of Our Treasury or Our high Treasurer of 
Great Britain for the time being, or by Our High Ad- 
miral or Commissioners for executing the office of High 
Admiral of Great Britain for the time being, in putting 
in Execution the several Acts of Parliament before 
mentioned, and you shall cause due prosecution of all 
such persons as shall any ways hinder or resist any of 
the said Officers of Our Admiralty or Customs in the 
performance of their Duty ; It is likewise Our Will & 
Pleasure and You are hereby required by the first Op- 
portunity to move the Assembly of Our said province, 
that they provide for the Expence of making Copies 
for the Surveyor General of Our Customs in Our said 
province for the time being, of all Acts and papers 
which bear any relation to the Duty of his Office, and 
in the mean time you are to give Orders that the said 
Surveyor General for the time being as aforesaid be 
allowed a free Inspection in the publick Offices within 
your Government, of aU such Acts and papers without 
paying any for or Reward for the same. 

14. Whereas the Commissioners appointed for col- 
lecting the Six pence ^ Month from Seamen's Wages 
for the Royal Hospital at Greenwich, pursuant to an Act 
of parliament passed in the second Year of Our Reign, 
entituled, an Act for the more effectual collecting in 
Great Britain and Ireland and other parts of his Maj- 
esty's Dominions the Duties granted for the Support 
of the Royal Hospital at Greenwich, haven given, In- 



S8 ADMilflSTKATION OF PRESIDENT READING. [1758 

structions to their Eeceivers in foreign parts for their 
Government therein, It is therefore Our Will & 
Pleasure, that you be aiding and assisting to the said 
Receivers in your Government in the due Execution 
of their Trusts. 

15, And whereas by an Act passed in the sixth year 
of Our Eeign, entitled, an Act for the better securing 
and encouraging the Trade of His Majesty's Sugar 
Colonies, in America, a Duty is laid on all Rum, 
Melasses, Syrups, Sugar and Paneles of the produce 
and Manufacture of any of the plantations not in Our 
possession or under Our Dominion, which shall be im- 
ported into any of Our Colonies and plantations, not- 
withstanding w^hich we are informed that great Quan- 
tities of foreign Rum, Melasses, Syrups Sugars and 
Paneles are Clandestinely landed in Our plantations 
without payment of the said Duty, Our Will & Pleas- 
ure is, that you be aiding and assisting to the Collec- 
tors and other Officers of Our Customs in your Gov- 
ernment in collecting the said Duties and seizing all 
such Goods as shall be so clandestinely landed or put 
on Shore without payment of the Duty, and you shall 
cause due prosecution of all such Rum, Melasses, 
Syrups, Sugar and Paneles as shall be seized for Non 
payment of the Duty, as weU as the ])ersons aiding 
and assisting in such unlawful Importations or that 
shall hinder, resist or molest the Officers in the due 
execution of the said Law. 

16. You shall take Care that upon any Actions, 
Suits and Informations that shall be brought com- 
menced or entred in Our said province under Your 
Governmeut upon any Law or Statute concerning Our 
Duties, or Ships, or Goods to be forfeited by reason of 
any unlawful Importations or Exportatious, there be 
not any Jury but of such as are Natives of Great Brit- 
ain or Ireland, or are born in any of Our said planta- 
tions. 



1758] ADMIKISTKATION OF PEESIDENT BEADING. 99 

17. You shall take Care that all places of Trust in 
the Courts of Law or in what relates to the Treasury 
of Our said province under your Government be in the 
Hands of Our Native Born Subjects of Great Britain 
or Ireland or the plantations. 

18. And that there may be no Interruption or Delay 
in Matters of Prosecution and Execution of Justice in 
Our Courts of Judicature within Our said province 
under your Government by the Death or Eemoval of 
any of Our Officers emj)loyed therein, untill We can 
be advised thereof, and appoint others to succeed in 
their places, you shaU make Choice of persons of 
Known Loyalty, Experience, Diligence and Fidelity, 
to be employed for the purposes aforesaid, until you 
shall have Our Approbation of them, or the Nomina- 
tion of others from hence. 

19. You shall from time to time correspond with the 
Commissioners of Our Customs in London for the time 
being, and advise them of aU Failures, Neglects, 
Frauds and Misdemeanours of any of the Officers of 
Our Customs in Our said province under your Govern- 
ment, and shall also advise them, as Occasion shall 
offer, of aU Occurrences necessary for their Informa- 
tion, relating either to the aforesaid Laws of Trade 
and Navigation to Our Revenue of Customs and other 
Duties under their Management both in Great Britain 
and the plantations. 

20. If you shall discover that any persons or their 
Assigns claiming any Eight or Property in any Island 
or Tract of Land in America by Charter or by Letters 
Patents, who shall at any time hereafter alien, sell or 
dispose of any Island, Tract of Land or propriety other 
than to any of Our natural born subjects of Great 
Britain without the Licence or Consent of Us, Our 
Heirs or Successors signified by Our or their Order in 
Council first had and obtained, You shall give Notice 
thereof to Us and to Our Commissioners of Our Treas- 



iOO ADMIN"ISTRATION" OF PRESIDENT KEADING. [1758 

ury or Our High Treasurer of Great Britain for the 
time being. 

21. Whe.reas by the aforesaid Act for preventing 
Frauds and regulating Abuses in the plantation Trade 
it is provided for the more effectual prevention of 
Frauds which may be used to elude the Intention of 
the said Act by colouring foreign Ships under British 
Names, that no Ship or Vessel shall be deemed or pass 
as a Ship of the Built of Great Britain or Ireland, 
Guernsey, Jersey 'or any of Our plantations in America, 
so as to be qualified to trade to or from or in 
any of our said plantations, until the Person or 
persons claiming property in such Ship or Vessel 
shaU register the same in Maiuier thereby directed, 
you shall take Care that no foreign Built Ship 
be permitted to pass as a Ship belonging to Our 
Kingdom of Great Britain or Ireland until proof be 
made upon Oath of one or more of the owners of the 
said Ship before the Collector or Comptroller of Our 
Customs in such port, to which she belongs or upon 
like Proof before yourself with the principal Officer of 
Our Revenue residing in Our foresaid province under 
your Government, if such Ship belong to the said 
province ; which Oath you and the Officers of Our 
Customs respectively are authorized to administer in 
manner thereby directed, and being attested by you 
and them so adminstring the same, and registred in 
due form according to the Specimen hereunto annexed, 
you shall not fail immediately to transmit a DupMcate 
thereof to the Commissioners of Our Customs in Lon- 
don in order to be entred in a general Register to be 
there kept for that purpose, with penalty upon every 
Ship or Vessel trading to, from, or in any of Our said 
plantations in America, as aforesaid, and not having 
made proof of Her built and pi'operty as by the fore- 
mentioned Act is directed, that she shall be lyable to 
such prosecution and Forfeiture as any foreign Ship 



1758] ADMINISTRATION OF PRESIDENT READING. 101 

(except Prizes condemned in Our High Court of Ad- 
miralty) would for trading with Our plantations 
by the said Law be liable unto, with this Proviso 
that all such Ships as have been or shall be taken at 
Sea by Letters of Mart or Reprizal, and Condemnation 
thereof made in Our High Court of Admiralty as law- 
full Prize, shall be specially registred, mentioning the 
Capture & Condemnation instead of the Time and 
place of building, with Proof also upon Oath the entire 
property is British before any such prize be allow'd the 
Privilege of a British built Ship according to the mean- 
ing of the said Act, and that no Ships Name registred 
be afterwards changed without registring such Ship 
de Novo, which by the said Act is required to be done 
upon any transfer of Property to another port, and 
delivering up the former certificate to be cancelled 
under the same penalties and in like Method and in 
Case of any Alteration of property in the same port 
by the Sale of one or more Shares in any Ship after 
registring tliereof, such Sale shall always be acknowl- 
edged by endorsement on the Certificate of Register 
before two Witnesses in order to prove that the entire 
Property in such Ship remains to some of Our Sub- 
jects of Great Britain, if any dispute shall arise con- 
cerning the same. 

22 Whereas by the Act passed in the 2P' Year of 
Our Reign, for encouraging the making of Indigo in 
the British plantations in America, a Premium of six 
pence per pound is allow'd on the Importation of 
Indigo of the growth of the British plantations, and 
there are likewise contain'd in the said Act several 
provisions to prevent Frauds by importing foreign 
plantation made Indigo or any false Mixtures in what 
is made in the British Plantations with a View to 
recover the said premium. It is therefore Our Will 
and Pleasure that if there now are or hereafter shall 
be any plantations of Indigo within Our said province 



102 AD.UIJSriSTRATION OF PRESIDENT READING. [1758 

under your government you do take particular Care 
that the said provisions be duly and punctually com- 
plied with and do likewise from time to time transmit 
to Our Commissioners for trade and plantations, in 
order to be laid before us, an Account of all such 
plantations of Indigo with the Names of the planters 
and the Quantity of Indigo they make, as also the 
Quantity of such Indigo exported from the said prov- 
ince, distinguishing the time when exported and the 
port where shipped, the Names of the Vessels and the 
Port to wiiich bound, and if there be any Foreign 
Indigo imported into the said province, it is our fur- 
ther Will & Pleasure that you do in like manner 
transmit an Account of such foreign Indigo imported, 
distinguishing the time when and the place from 
whence imported, together with an Account of such 
foreign Indigo exported and the port where shipped, 
the Names of the Vessels and the ports to which bound. 
23 Whereas by an Act pass'd in the tenth Year of the 
V Reign of King William the third, to pj-event the Ex- 
portation of AVool out of the Kingdoms of Ireland and 
England into foreign parts, and for the Encourage- 
ment of the Woollen Manufactures in the Kingdom of 
England. It is amongst other things therein enacted, 
that no Wool, Woolfels, Shorthings, Northings, Wool 
flocks. Worsted Bay, or Woolen- Yarn, Cloth, Serge, 
Bays, Herseys, Says, Frizes, Druggets, Cloth Serges, 
Shalloons, or any other Draj)ery Stuffs or Woolen 
Manufactures whatsoever made or mixed with Vv^ool 
or Wool-flocks, being of the product or Manufacture 
of any of the British plantations in America, shall be 
laden or Laid on Board in any Ship or Vessel in any 
place or port within any of the said British plantations 
upon any pretence whatsoever, as also that no such 
Wool or other the said Commodities, being of the pro- 
duct or Manufacture of any of the said British planta- 
tions shall be loaden upon any Horse, Cart or other 



1758] ADMINISTRATION OF PRESIDENT READING. 103 

Carriage, to the Intent and purpose to be exported, 
transported, carried or conveyed out of the said British 
Plantations to any other of Our plantations, or to any 
other place whatsoever, upon the same and like pains, 
Penalties and Forfeitures to and upon all the Offender 
and Offenders therein within all and every of Our said 
British Plantations respectively, as are provided and 
prescrib'd by the said Act for the like Offences com- 
mitted within Our Kingdom of Ireland, you are to 
take effectual Care, that the true Intent and meaning 
thereof so far forth as it relates to you, be duly put in 
Execution. 

24 In the Act made in the 24"' Year of Our Reign 
for the more effectual securing the Duties upon 
Tobacco, there is a Clause to prevent Frauds in the 
Importation of Bulk Tobacco, enacting that no Tobacco 
shall be imported into this Kingdom otherwise than 
in Cask, Chest or Case containing 450 pounds Weight 
of Tobacco each, under penalty of Forfeiture thereof; 
You shall take Care that this Part of the said Act be 
made publick, that none may pretend Ignorance, and 
that the true Intent and meaning thereof be duly put 
in Execution within your Government. 

25 And whereas His said late Majesty was inform'd 
that a clandestine Trade had been carried on as well 
by British as Foreign Ships from Madagasear and other 
Parts beyond the Cape of bona Esperanza within the 
Limits of Trade granted to the united East India Com- 
pany directly to Our plantations in America, to the 
great Detriment of these Realms and in Breach of the 
several Laws in force relating to Trade and Naviga- 
tion, Our Will and Pleasure is, that you the said 
Francis Barnard or in your Absence the Commander 
in Chief of Our said province of New Jersey for the 
time being do duly and Strictly abserve and cause to 
be observed the several good Laws and Statutes now 
in force for the regulating of Trade and Navigation, 



104 ADMINISTRATIO]^" OF PRESIDENT REAPING. [1758 

particularly the several Acts of Parliament already 
mentioned in your general and in these Instructions, 
and in order to the better Execution of the Laws and 
Statutes abovementioned, upon the first Notice of the 
Arrival of any Ship or Ships within the Limits of any 
port of or belonging to your Government, which have 
or are suspected to have on board any Negroes, Goods 
or Commodities of the Growth, Produce or Manufac- 
ture of the East Indies, Madagasear or any other Parts 
or places beyond the Cape of bona Esperanza within 
the Limits of Trade granted to the united East India 
Company, pursuant to the aforementioned Act of the 
ninth and tenth of King WiUiam, you shall immedi- 
ately cause the Officers of Our Customs in your Gov- 
ernment (and any other Officers or persons in Aid of 
them,) to go on board such Ship or Ships and to visit 
the same, and to examine the Masters or other Com- 
manders, the Officers and Sailors on board such Ship 
or Ships, and their Charter Parties, Invoices, Cocquets, 
and other Credentials, Testimonials or Documents, 
and if they find that such Ship or Ships came from 
the East Indies, Madagasear, or any other Parts or 
places beyond the Cape of bona Esperanza within the 
Limits of Trade granted to the said united East India 
Company, and there are on board any such Goods, 
Commodities or Negroes as is above mentioned, that 
they do give Notice to the Master or other Person hav- 
ing then the Command of such Ship or Ships forthwith 
to depart out of the Limits of your Government with- 
out giving them any Relief, Support, Aid, or Assis- 
tance, although it should be pretended that such Ship 
or Ships were or the same really should be in Distress, 
Want, Disability, Danger of sinking, or for or upon 
any other Reason or Pretence whatsoever; and that 
you Our Governor or Commander in Chief, do by no 
means suffer any Goods, Merchandize or Negi'oes from 
on board such Ship or Ships to be landed or brought 



1758] ADMINISTRATION OF PRESIDENT READING. 105 

Oil Shore upon any Account or Excuse whatsoever; 
And it is Our further Will & Pleasure that if any such 
Ship or Ships being foreign having on board any such 
Goods, Merchandize or Negroes do not upon Notice 
given to the Master or other Person ha\^ng the Com- 
mand thereof as soon as conveniently may be depart 
out of the Limits of your Government and from the 
Coasts thereof without landing, selhng or bartering 
any of the said Goods or Negroes, you our Governor 
or the Commander in Chief for the time being shall 
cause the said Ship or Ships and Goods and Negroes to 
be seized, and proceeded against according to Law; 
but if such Ship or Ships having such Goods or Negroes 
on board, and entring into any port or Place, or com- 
ing upon any of the Coasts or Shores of Our said 
Province under your Government, do belong to Our 
Subjects and do break, Bulk, or sell, barter, exchange 
or otherwise dispose of the said Goods or Negroes or 
any part thereof, contrary to Law, you are to take 
Care that such Ship or Ships with the Guns, Tackle, 
Apparel and Furniture, thereof, and all goods and 
Merchandize laden thereupon, and the proceed and 
Effects of the same be immediately seized, and that 
the Laws in such Case made and provided be put in 
Execution with the greatest Care, diligence and apph- 
cation: but if any Ship belonging to the Subjects of 
any foreign State or Potentate, having on board any 
Negroes or East India Commodities, shall be actually 
be bound to some place or Port in the West Indies be- 
longing to any foreign Piince or State, from some 
European Port, and such Ship shall happen to be 
driven by necessity, and be in real Distress the same 
may be supplied Vv'ith what is absolutely necessary for 
Her Eelief. but you shall not take, have or receive, 
nor permit or suffer any Person to take, have or re- 
ceive any Negroes or other the said East India Com- 
modities in Payment or Satisfaction for such Relief; 



106 ADMINISTRATION OF PRESIDENT READING. [1758 

That if any Officer of Our Customs or other Officer 
employ 'd by you Our Governor or Commander in 
Chief in visiting, searching or seizing such Ship or 
Ships, Goods, Merchandize or Negroes be corrupt, 
neghgent oi' remiss in the discharge of his Duty there- 
in, We do hereby require you to suspend him from 
the Execution of his saii Office and that you do by 
the first Opportunity send an Account of such Officers 
Behaviour to Our Commissioners for trade and plan- 
tations, that Care may be taken that such Officer be 
removed from his Employment and further punished 
according to his Demerit: And Our further Will & 
Pleasure is, that you Our Governor or Commander in 
Chief do constantly and from time to time and by the 
first Opportunity that shall offer, send Our Commis- 
sioners for Trade and plantations true, full and exact 
Accounts of your Proceedings and of all other Trans- 
actions and Occurrencies in or about the premises or 
any of them, in order to be laid before Us, 

26 And whereas, notwithstanding the many good 
Laws made from time to time for preventing of Frauds 
in the Plantation Trade, which have been enumerated 
in these and former Instructions, it is manifest that 
very great Abuses have been and continue still to be 
practised to the prejudice of the same, which Abuses 
must needs arise either from the Insolvency of Persons 
who are accepted for Security or from the Remissness 
or Connivance of such as have been or are Governors 
in the several plantations, who ought to take Care 
that those persons who give bond should be duly pros- 
ecuted in case of non-performance, you are to take 
Notice, that We take the Good of Our plantations, and 
the Improvement of the Trade thereof by a strict and 
punctual Observance of the several Laws in Force con- 
cerning the same; to be of so great Importance to the 
Benefit of this Kingdom, and to the advancing the 
Duty of Our Customs hei-e; that if We shall hereafter 



1758] ADMINISTKATION OF PRESIDENT READING. 107 

be informed, that at any Time there shall be any failure 
in the due Observance of those Laws & of the present 
Instructions by any wilful Fault or Neglect on your 
part. We shall esteem such Neglect to be a breach of 
the aforesaid Laws; And it is Our fixed and determined 
Will & Resolution, that you or the Commander in 
Chief respectively be for such Offence not only imme- 
diately removed from your Employments, and be Liable 
to the Fine of one thousand pounds, as likewise suffer 
such other Fines, Forfeitures, Pains and Penalties as 
are inflicted by the several Laws now in Force relating 
thereunto, but shall also receive the most rigorous 
Marks of Our highest Displeasure and be prosecuted 
with the utmost severity of Law for your Offence 
against Us in a Matter of this Consequence, that We 
now so particularly charge you with. 

[The Instructions were approved April 1, 1758. — See 
Analytical Index to New Jersey Documents, p. 315 — 
W. N.] 



Memorial of Richard Partridge, Agent for New Jerr 
sey, respectiyig a Bill passed in that Colony for 
etnitting £89,000 in Bills of Credit. 

[From P. R. O. B. T., New Jersej', Vol. 8, 1 03.] 

To THE Lords Commiss''.^ for Trade and Plan- 
tations 
The Memorial of Rich"^ Partridge Agent for the 
Province of New Jersey in America. 

Humbly sheweth 

That the Draft of the present Bill sent over hither 
by that Province & now before yo' Lordships "For 
' ' making current £60, OOO in Bills of Credit to be emitted 
" on Loan within y' Colony of New Jersey, the Inter- 



108 ADMINISTRATION OF PRESIDENT READING. [1758 

" est whereof to sink the further Sum of £29000 to be 
"also made curr* for the immediate Service of the 
" Crown if the same sh*^ be needed, otherwise for the 
"Relief of the s'^ Colony" was prepared and sent 
hither for yo' previous Approbation, hoping there 
could be no ground to find any material Fault there- 
with as it was calculated for the Good & Ease of the 
Province in general by preventing any new Taxes on 
the Inhabitants with which the Province is ah-eady 
loaded, supplying a greater medium in Trade by lend- 
ing it out in small Sums under the legal Rate of Inter- 
est there; and granting so large a Sum as £29000, for 
his Maj*^^ Service and by ye same Act appropriating it. 

That your Memoriahst apprehends it remains no 
Doubt but that in such a Country as New Jersey is, 
paper Currency is the principal Medium of Trade, & 
in its present Exigency of a State of War the only 
immediate Fund to raise Money to pay their Troops, & 
defend their Country w"^'' they have hitherto done by 
5 year Acts most of them now near expiring, the 
Sums thereby raised are to be paid off by Taxes which 
are almost insupportable. 

That as it is allowed a paper Currency is always . 
useful in North America & more so upon Emergencys 
of Governm'; The only Two real Objections that can 
be raised ag'* it (as yo'" Memorialist humbly appre- 
hends) must arise either from the Quantum or the 
3Iode of raising it. 

As to the Quantum your Memorialist humbly appre- 
hends it has been fully proved at your Board by Wit- 
nesses of Reputation and Credit in that Country & 
knowledge in those Affairs, That his Maj'-' loyal Prov- 
ince of New Jersey has ever maintained its Credit in 
this respect, and is capable of supporting a much 
larger Sum than is now prayed for. 

And as to the Mode of doing it yo'' Memorialist hum- 
bly hopes that y" more Easy and general any Tax is 



1758] ADMINISTRATION^ OF PRESIDENT READTNG. 109 

(if this may be called one) the more it ought to be 
favour'd. The Money to be emitted by this Act is to 
be lent out on Land Security of double the Value & to 
be repaid by Installments in 16 Years, the Interest 
whereof is to sink the £29,000. & thereby a Tax is 
avoided, & by the length of Time allowed for paying 
in the £(><), 000 to be emitted on Land Security as afore- 
said, it will hardly be felt by the Borrower; And tho' 
it is objected that this ought not to be made a legal 
Tender, Yet when it is considered if it was otherwise, 
it must by designing Men be unavoidably reduced in 
its value & quite render'd ineffectual; 

And that by this same Act it is declared, and enacted 
that any Deficiencies (w''' might happen) shall be made 
good by a Provincial Tax in the manner therein di- 
rected, it is presumed that having Land Security of 
double the value, & all deficiencies made good by a 
Provincial Tax it has virtually the same Basis as if it 
was only made Curr' for 5 Years, and it is so much 
the better in the present Method as it is not to be sunk 
by a Tax or all at once, but by easy Installments 
respecting the £60,000; and the £39,000. to be sunk 
out of the low Interest of the s'' £60,000, and the Defi- 
ciency finally (if any) is to be made good by a Tax, 

In short the difference between creating a Medium 
of Trade by a loan Act & that of an Act for Taxing 
the Inhabitants is this. That the One tends to render 
the Method of it entirely to the Ease and quiet of the 
People & yet answer in a great Measure y' purposes & 
Exigencys of the Governm' without being Injurious 
to any persons whatsoever; Whereas the latter Method 
will be exceedingly Grievous, distressing & well nigh 
if not quite insupportable & add to their affliction 
especially when there is such a great call & Demand 
for a publick Supply in this Time of the Calamity of 
War. 

That your Memorialist humbly apprehends not any 



110 ADMIN^ISTKATION OF PRESIDENT READING. [1758 

one Merch* or Gentleman whatsoever either British or 
North American attemping to oppose this Bill before 
yo-" Lordships, isy' highest corroberative Circumstance 
of its Utility & Fitness. 

And therefore prays that yo' Lordships will Eeport 
in Favour thereof under the present deplorable Cir- 
cumstances of this Province they having a Number of 
Forces to maintain upon the Continent, and relying 
on the Kings paternal Goodness that such an Act 
might pass for their Relief. 

Rich" Partridge 

London 2^' mo. or Feb. 25. 1T5S. 



Letter from John Reading, Acting-Governor, to Wil- 
liam Denny.' 

[From the original among the 'Manuscripts of William Nelson.] 

Burlington March y? lOV' 1758 
SC 

The Inclosed Dispatches' are Duplicates of those sent 
to your Honour the sixth Instant which with two 
Letters directed to the Senior Captains of his Majesties 
Ships at Virginia and South Carolina were sent to me 
from Com'odore DurelF to forward to the different 



iDeputy-Governor of Pennsylvania, August, 1756, to November, 1759.— -[W. N.] 
s-'Circular from Secretary William Pitt to the Governors of Massachusett's Bay, 
New Hampshire, Connecticut. Rhode Island, New York, New Jersey. Whitehall. 
Dec. 30'f 1757." Published in N. Y. Colonial Docs., VII., 339.— [VV. N.] 

^Philip Durell, commissioned Captain in the Royal Navy, February 6, 1742; sub- 
sequently became Commodore, and in 1758 was dispatched to Halifax, to expedite 
the embarkation of the array against Louisbourg; and on the reduction of that 
place (in which the Navy rendered most effective and decisive service) he was 
made Rear-Admiral of the Blue, and left in command of the North American 
station. He was very active at Quebec, and in 17G2 became Vice-Admiral of the 
Blue. He died about 1760.— [W. N.l 



1758] ADMINISTRATION OF PRESIDEKT READING. Ill 

Governors on the Continent The[re]fore request the 
Care of your Honour to dispatch the same pursuant 
to their perticular directions 

I am Your Honours 

most obedient Hum! Serv* 




The Honourable WilUam Denny Esq": 



Letter from Governor PownaU, of 3fassachusefts, to 
President Beading. 

[From the origiual among the MSS. of G. D. W. Vroom.] 

Boston March 11. 1758. 
Sir: 

Yesterday I received his Majesty's Orders to co- 
operate with the Forces of his Province of Massachu- 
setts Bay, with his Majesty's Eegular Forces in a gen- 
eral Invasion of Canada. 

I recommended the Matter to the General Court, 
and the House have this day come to an unanimous 
Vote to raise a sufficient Number of Men for that 
Purpose, and then determined that the Number they 
would raise should be seven thousand Men. 

It was thought proper that tliis Province should set 
the Example; We have set the Example; and I hope 
it will be chearfuUy followed by the other Govern- 
ments without the least Delay, that we shall answer 
his Majesty's Expectations from Us, and that by the 
Blessing of God we shall Now be able to put an End 
to those Distresses which the Colonies have so long 



112 ADMINISTRATION OF PRESIDENT READING. [1758 

suffered, and wholly to extirpate their barbarous and 
perfidious Enemies. 

I do not send this to your Honor as a Circular Let- 
ter only, which as Governor of Massachusetts bay I 
have sent to the several Northern Governments to 
whom the R* Hon'"' M' Secretary Pitts Letter was 
directed; But also as my Duty as L^ Governor of his 
Majesty's Province of New Jersey calls upon me, To 
recommend this Service to you & the Legislature of 
the Province in the strongest manner. 

I am sir Your Honor's 
Most obed' & most humble serv't 

T. POWNALL 

The Hon^."^ Mr President Reading. 



Letter from the Lords Commissioners for Trade and 
Plantations to the Attorney and Solicitor General, 
inclosing Questions they ivish anstvered. 

IFrom V'. R. O. B. T. Plantations General. No. 4, Ent: Book L., p. 138.] 

To His Majesty's Attorney and Solicitor General 

Gentlemen. 

I am directed by the Lords Commissioners for Trade 
and Plantations to send you the inclosed Questions, 
and to desire you will take them into your considera- 
tion, and favour their Lordships with answers to them 
as soon as conveniently may be. 

I am, Gentlemen, Your most Obed' Serv? 

John Pownall. Secry 
Whitehall ) 

March 22" 1758. I 

1" Question. Whether a person born in any of His 
Majesty's Colonys in America, whose Father was a 
Subject of the Crown of Great Britain, but whose 



1758] ADMINISTRATION" OF PRESIDENT READING. 113 

Mother was a Savage Indian, is or is not to be deem'd 
a British Subject ? 

2? Question. Whether a British Subject can legally 
possess Lands within the express Limits of any of His 
Majesty's Colonies in America, in virtue of a Grant of 
such Lands from the Savage Indians obtained without 
leave from His Majesty, or any Persons acting under 
His Majesty's Authority; and whether such Possession 
would be valid against the Possession of any other 
British Subject claiming the same Lands, or any part 
of them under a Grant or Conveyance from His 
Majesty or any Person acting under His Majesty's 
Authority; if not, what will be the proper method of 
supporting the Rights of the Crown in such case, & 
proceeding against such illegal possession ? 



Report of the Lords of Trade to the Privy Council, 
upon the second Remonstrance of the Agent for 
New Jersey, respecting a Bill passed by the Assem- 
bly authorizing the issue of £89,000 in Bills of 
Credit. 

[From P. R. O. B. T. New Jersey, Vol 16, p. 250.] 

To the Right Hon''/® the Lords of the Commit- 
tee of His Majesty's most Hon^?® privy 
- Council for Plantation Affairs. 

My Lords. 

Pursuant to your Lordships Order dated 13*'' March 
last. We have taken into Our Consideratioii the further 
humble petition and Remonstrance of Richard Par- 
tridge Agent for and in behalf of the House of Repre- 
sentatives of the Colony of New Jersey, setting forth 
several Matters by way of Observations and Answers 



114 ADMINTSTRATIOK OF PEESIDENT READING. [1758 

to the Objections contain'd in Our Report to your 
Lordships of the 2 P.' of Feb'-^ last, upon a former Peti- 
tion of the said Agent, humbly praying, that His 
Majesty would be graciously pleased to signify his 
Royal Pleasure to the Governor of the said Colony to 
give his Assent to a Bill prepared by the said House of 
Representatives in March 1757, entituled an Act for 
making current £60,000 in bills of Credit to be emitted 
on Loan within the Colony of New Jersey, the Interest 
whereof to sink the further Sum o/ £29,000 to be also 
made Current for the immediate Service of the Crotmi, 
if the same should be needed, otherwise for the Relief 
of the said Colony. And having been attended by M' 
Partridge and heard what he had to offer in the Sup- 
port of the several Matters set forth in his said further 
Remonstrance, We beg leave to report to your Loixl- 
ships; 

That we do not find in any thing which the said 
Agent has offer'd to Our Consideration, sufficient 
weight to invalidate the Force of the Objections stated 
in Our former Report: on the contrary he admits the 
Propriety of the two first of them, and has declared 
himself ready to acquiesce in any Alterations which 
We should think necessary to be made in those Clauses 
of the Bill, which respect the appropriation of the 
£29,000, and the application of the Surplus Interest of 
the £00,000 proposed to be emitted on Loan. 

The only Question therefore which remain'd for us 
to consider, in obedience to your Lordships Order, is, 
how far a Law of this kind may be necessary to be 
pass'd in New Jersey, at this time. And in order to 
judge of that Question, it will be necessary to state to 
your Lordships the Reasons on which such necessity is 
is said to be founded. Such a Law is alleged to be 
necessary. 

1*.' To enable the Colony to contribute its Assistance 
in earring on the War, by Keeping on foot a Regiment 
consisting of 500 Men. 



1758] ADMINISTKATIOISr OF PRESIDENT READING. 115 

2*^?^ On Account of the Convenience and Advan- 
tages which will result to the internal Commerce and 
domestick Concerns of the Colony, by operating as a 
Medium of Trade and a means of promoting and ex- 
tending Settlements and cultivation. 

With respect to the first of these Reasons, We beg 
leave to observe to your Lordships, that the Quota of 
Forces, which this Colony furnishes to the Assistance 
of the Common Cause for the service of the current 
year, is levied and actually on foot and consequently 
such Services must have been provided for in some 
other way; so that this plea of necessity cannot exist 
at present. 

With regard to the second Eeason, We have in for- 
mer RejDorts on Bills for emitting paper Currency on 
Loan in this Province, and particularly in Our Report 
of the 18"' of March, 1754, humbly offer'd it as Our 
Opinion, that a moderate Quantity, issued on proper 
Security and having a proper fund for its Redemption 
within a limited time, may operate to the Advantage 
of a trading Colony, and may serve to improve and 
extend the Settlement of it, and may also be the least 
burthensome Method of levying Money for the Sup- 
port of Government: and We still incline to that Opin- 
ion. But as the Agent has declared to Us, that, should 
his Majesty be pleased to permit the passing of a Ijoan 
Bill in New Jersey, the Assembly, his Constituets, 
will not accept the Indulgence, unless the Bills of 
Credit thei'eby to be emitted may be declared legal 
Tenders in all payments, it seemed needless to enter 
upon any further proposition with him upon this Sub- 
ject, as We can by no means depart from Our former 
Opinion on this point, founded as it is, on so high an 
authority as the Sense of Parhament so fully expressed 
in their Resolutions in April 1740, and by the Act 
pass'd in 1750 for restraining paper Currency in the 
four Colonies of New England. 



116 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

But if your Lordships should nevertheless judge it 
necessary or expedient to indulge the Colony in this 
particular, We would humbly ofler it as Our Opinion, 
that an additional Instruction authorizing the Gover- 
nor to give his Assent to such a Bill to be prepared 
and pass'd under proper Eestrictions wou'd be the 
most proper Method, as We conceive there are many 
Circumstances relative to & connected with the Nature 
of such a Bill, which, for want of a competent Knowl- 
edge of them, cannot be properly provided for in a 
Draught of a Bill prepared here, but must be left to 
the care of the Legislature of the Colony, who alone 
are sufficiently acquainted with them. 
We are, my Lords, 

your Lordships &c. 

Dunk Halifax. 
Whitehall June 9. 1758 James Oswald. 

SoAME Jenyns. 

W. G. Hamilton. 



Letter from Francis Bernard, Governor of New Jer- 
sey, to the Lords of Trade, giving an account of 
his cuTival in his Government, etc. 

[From P. R. 0., B. T., New Jersey, Vol. 8, 1. 67.] 

Perth Amboy June 20. 1758 

To the Eight Honorable the Lords Commis- 
sioners for Trade & Plantations. 

My Lords 

I have the honour to acquaint your Lordships That 
I arrived at Perth Amboy on the ]■!"' day of June at 
noon after a much longer passage than was expected. 
I immediately issued orders for a Council to meet on 
Fryday following, at which time appeared seven Gen- 



1758] ADMINISTKATION OF GOVERNOR BERNARD. 117 

tlemen of the Council there being but 10 now within 
the Province. I first took and adniinistred the oaths 
according to my instructions; I then laid before them 
Advices I had received of an irruption of the Indians 
on the Frontiers next Delaware. The particulars of 
which that have come to my knowledge are as follows; 
On the 7^'' of June advice being brought that a party 
of Indians had crossed the Delaware at Nomanack a 
Party of Frontier Soldiers & Inhabitants went out 
against them & not finding them five of the company 
seiDarated from the rest & fell into an ambuscade of 17 
Indians: & both parties firing at once two of our party 
were killed & another wounded. But the rest of the 
party being alarmed came to the place where they 
found one Indian killed & could perceive by blood & 
other signs that 3 others were wounded. On the 12"' 
Near 20 Indians attacked the house of Abraham Cont- 
track & killed two persons. On the 13*'' about 30 In- 
dians attacked the house of Uryon Westfall & killed 
seven persons & carried off four Children. It seems 
there were in the house 15 Men most of them New 
York Soldiers. But upon the Indians making the at- 
tack they chose to fortify themselves in the Cellar & 
Chamber from whence they drove the Indians off so 
as to save one Scalp of the seven killed. I must add 
from a Verbal Account I have had of which in my 
hurry I have not preserved the particulars of time & 
place. That a Boy seeing an Indian come down upon 
him & having a Gun in his hand preserved his Fire 
until the Indian was near him & then fired & ran 
away. And giving an account thereof a Party went 
out & by the help of Dogs found the Indian under a 
heap of stones. And He appears to be a Famous ad- 
verse Partisan called John Armstrong; which is most 
probable, for the scalp which was brought to me, is so 
adorned with beads & other finery that it must come 
from the head of some considerable Indian. 



118 AbMINlSTRATION^ OF GOVERNOR BERNARD. [l'i'58 

I fear this Calamity has been occasioned by an un- 
timely piece of frugality: The frontier guard consist- 
ing of 25U Men; upon making the levies to form the 
Eegiment that now serves under General Abercrombie 
200 of these w^ere reduced & only 50 Men left to guard 
this long frontier: This I imagined encouraged the In- 
dians to make this Attack. I have therefore with the 
advise of the Council, ordered draughts out of the 
Militia of the neighbouring Counties to make up 200 
men & shall encrease the Number if necessary: I have 
also sent orders to the' commanding Officer for the 
better regulating the' frontier guard which were Very 
much wanted. From these measures I hope I shall 
scon be able to inform your Lordships that these dis- 
orders are ceased. 

I have fixed upon the 25"' of July to call the Assem- 
bly together. This is the earliest day I could appoint 
on account of the harvest. I shall then propose to 
them to establish a certain & constant guard for the 
frontier. I have for that purpose before me a Very 
sensible Scheme proposed by a Quaker. It is no more 
than this: The whole Frontier to be guarded is of the 
length of 90 Miles on the banks of the Delaware. It 
is proposed to erect upon this line at the distance of 10 
miles from each other 10 houses fortified against Mus- 
kets; and to have a guard of 25 Men at each of these 
houses with a sufficient Number of Dogs who are very 
useful in scenting the tracks of the Indians & prevent- 
ing Ambuscades; To make two paths along this line 
of houses, the one along the banks of river, the other 
half a mile within land; & to have a patrol going from 
one house to another 3 or I times a day. By which 
means whenever any Indians pass the river It must 
be known in a few hours & probably before their 
Scent, which is very strong by their using Bears 
grease, is gone off the ground So that they will be 



1758] ADMIisTISTEATIOK OF GOVEENOR BERNARD. 119 

soon trackt & defeated or at least prevented in their 
Mischief. The chief Objection to this or some such 
Scheme will be the expence: But I hope to obviate that 
& that these barbarities will be effectually prevented 
for the future; of which I shall have great pleasure to 
be able to send an Account to your Lordships. 

I find that since the death of M"^ Belcher an Act has 
passed for emitting £50,000; I told the Council that 
this ought not to have been done without a Suspend- 
ing Clause. They answered that His Majestys Service 
absolutely required it, for that they could not have sent 
their Eegiment into the field without this aid. I ob- 
served that I was sorry to find that the Number of them 
sent from this province was thought by the General 
not to be equal to the abihty of it. They said that 
they hoped it would be considered that within a short 
time they had lost two Regiments; That It was appre- 
hended that they could not have raised more without 
using force which would have discredited the Service 
& weakened the forces themselves; That their Regi- 
ment was wholly composed of Volunteers & was uni- 
versally allowed to be the best Corps of provincials 
that had joined the Army; And that they hoped that 
1000 picked Men would do more service than 1500 
indifferent ones. I believe the truth is that those 
Members of the Assembly who are most desirous to 
promote his Majestys Service, were apprehensive that 
if they had proposed more than 1000 they should have 
failed in their question; Since, as it was, there were 8 
out of 20 Members present that Voted against any 
Augm entation . 

I have ordered the Secretary to prepare Copies of all 
things that remain to be transmitted to England, & 
shall take care to send 'em to your Loi'dships before 
or soon after the meeting of the Assembly. 

To morrow I sett out for Burlington to publish my 



120 ADMINISTRATION OF OOVERNOR BERNARD. [1758 

Commission there; a form which tho' not necessary 
has been usual: but must dispatch this before I go, as 
The Packet may probably sail before I return. 
I have the honour to be with great respect, 
My Lords, Your Lordships Most 

obedient and Most humble Servant 
Fra. Bernard 



Letter from Governor Bernard to the Lords of Trade 
— Had visited different parts of his Government 
and met with Governor Denny and General Forbes 
at Philadelphia about Indian invasion. 

[From P. R. C, B. T., New Jersey, Vol. 8, 1. 68.] 

To the E^ Hon''^^ the Lords Commissioners of 
Trade & Plantations 

Perth Amboy July 3. 1758 
My Lords 

I troubled your Lordships with a particular of what 
had passed here before I went to Burlington, & sent 
my Letter to New York that It might be ready for the 
Packet for England. But finding upon my return 
that the Packet boat had not sailed, I set down to con- 
tinue my Account to the present time, hoping to get 
it to New York time enough for this mail. 

I went from home on the 2 P.* thro Brunswick & the 
next day at noon arrived at Trenton, from whence I 
dispatched a Messenger to Gov' Denny at Philadelphia 
informing him of the invasion of Our province by 
Indians who were sujjposed to be of some of the tribes 
that professed Peace with his Province & that I there- 
fore had a XJarticular occasion for his advise & assist- 
ance in providing for the Secuiity of the Province. In 



1758] ADMINISTEATION OF GOVERNOR BERNARD. 121 

the Evning I went to Burlington & the next day pub- 
hshed my Commission & received the usual comph- 
ments &c. The next day being the 24"' as I was pre- 
paring to return to Am boy early in the morning, I 
received by my Messenger Letters from Gov' Denny, 
in which he signified that It was the desire of Gen' 
Forbes as well as his own that I should come to Phila- 
delphia to confer with them about the Indian Invasion. 
I immediately set out for that City & arrived there 
about 11 in the forenoon; & had two conferences with 
the General & the Governor, the result of which was; 
that I should send orders to the commanding officer 
on our frontiers to endeavour by aU means to take a 
prisoner & send him to me, that I might inform my- 
self who our Enemy were; And that as It was gener- 
ally beUeved that this Mischief was done by the Minni- 
sink Indians now settled on the Susqeahannah, I 
should send a Message to them charging them with 
being the Authors of this Mischief & requiring them 
to declare whether they were friends or Enemies & if 
they chose to be reckoned as the former inviting them 
to a conference. This, We concluded must produce 
an Ecclaircissement that would enable me to direct 
my Mihtary Operations if I am obliged to proceed 
with them. For these People are within our reach; 
& If they do not give us satisfaction I propose to repay 
their Visit before Winter. 

The next morning early I returned to Bristol where 
I was attended by many of the principal Quakers of 
both Provinces, (who were very sollicitous to engage 
me to pursue peaceful Measures) & sev'ral other Gen- 
tlemen. Here I made up my Message to the Minis- 
sinks & another to Tudeyscung King of the Wioming 
Indians desiring him to accompany the Message to the 
Minissinks & having sent for two trusty Indians I 
sent 'em away directing 'em to go thro' Philadelphia 
& there to take with them a passport from the Gov' & 



133 ADMINISTEATION OF GOVERNOK BERNARD. [1758 

an English Flag: and I signified both in the Messages 
& verbally to the Messengers, that those Indians who 
proposed to visit ns as friends must enter the Pr-ovince 
below the falls at Trenton; for All Indians who 
crossed the River above Trenton would be considered 
as Enemies. In the Evning I returned to Trenton & 
the next Evning got to Amboy in good health tho' the 
Weather had been extremely sultry & what I should 
by no means have chose to march in if the public Ser- 
vice had not required it. 

In the Course of my return I met with reports of a 
fresh invasion with a more numerous Enemy being- 
intended; but from all circumstances It appeared all- 
most certain that this was nothing but the remains of 
the advises of the former. However I considered with 
myself how I might provide against an unexpected 
attack without any inconvenience to the Country: And 
therefore soon after I got home I sent orders to four 
Colonels of Militia from whom I had had no detach- 
ments, to muster 50 Men each & hold 'em ready to 
march to the assistance of Capt" Gardner Command- 
ing Officer of the frontier guard, whenever he should 
give notice of his wanting 'em, without waiting for 
orders from me. And I have signified to Capt" Gard- 
ner that he may send for those men when there will 
be an Occasion for them. So that We have now on 
the frontiers 2()() Men, who may be reinforced by 20<> 
more in 2 days time: the whole a force sufficient to 
oppose Any Enemy We can expect. 

But I hope That this business is over for the present: 
For as I informed your Lordships that I believed It 
would not have happened if the frontier guard had 
not been drawn off & I expect It will cease upon 
reestablishing a guard there. I received Letters from 
Cap Gardner yesterday bearing date 26"" of June, 
wherein I am informed that the only Action that has 
happened since the last Accounts was on the 12'\ of 



1758] ADMINISTRATION" OF GOVERKOR BERNARD. 133 

which I had advice of the firing being heard in my 
former Letters. It was thus: A Serjeant & 9 men 
were out on the Scout & perceiving an Indian rowing 
along the river who escaped from them, they went 
along the river according to his Course. They soon 
after discovered 10 Indians in an Island making a raff; 
& lay by all night & in the Morning saw them coming 
over with their arms & cloaths on the raff. The Ser- 
jeant conducted his party along the river to get within 
reach of them when they should land. In doing this 
He discovered 14 Indians at a fire wiio immediately 
ran to their Arms & the Serjeant gave 'em his fire: 
they returned theirs & the 10 Indians in the river also 
fired But tlie Serjeants party advancing regularly & 
firing six rounds, the Indians made off with them 4 of 
then- party wounded & leaving behind them the guns 
& Tomahawks of the 4 wounded with 3 pikes 15 pair 
of Mowsons & 15 pair of St^Dckings & many other 
things. Among which was paFt of the plunder of each 
of the houses that had been before attacked. I have 
desired Capt Gardner to thank the Serjeant &c in my 
Name & I will take an opportunity of rewarding him. 
The Serjeant had only one man wounded. This is all 
the Mischief that has been done except that on the 
23? a Man would go out on hunting contrary to my 
orders & was Shot & Scalped near the river: &, the 
Same day an House was burnt on the Pennsylvanian 
Side of the river. 

I have pretty well informed myself of the state of 
the frontiers of this province that are exposed to these 
irruptions & am persuaded that if the Assembly will 
enable me to build two or three more small forts & to 
raise 3(>0 men for a constant frontier guard I shall be 
able to guarrantee the frontier Settlers from any 
attack but that of a regular Army of which We shall 
all ways have timely advice. For I am assured that 
with a proper encouragement I shall have enough of 



124 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

resolute men that will outdo the Indians in their own 
way of Making War, But I cannot promise myself 
this Success till I feel the pulse of the Assembly: 
Before whom I shall represent the State of the pro- 
vince in such a manner as shall be most likely to 
engage them to take the most effectual measures for 
its defence. 
I have the honor to be 

My Lords Y' Lordships most obedient 
& most humble Servant 

Fra. Bernard. 



Letter from Governor Bernard, giving an account of 
the Death of Mr. Ainsley, Chief Justice of New 
Jersey. 

[From p. R. O. B. T. New Jersej". Vol. Vni, I. 70.] 

Perth Amboy, July 7, 1758. 

To The Eight Honble The Lords Commission- 
ers for Trade and Plantations. 

My Lords 

I have just received advise of the death of M'" 
Ainsley C^hief Justice of this Province. This was 
occasioned by his drinking milk and water when he 
was Very hot on Wednesday last & he died on the 
next day. I thought proper to give your Lordships 
the most early Notice of this Event & am 

My Lords Your Lordships most obedient 
& most humble Servant, 

Fra. Bernard. 



175B] ADMINISTRATION OF GOVERNOR BERNARD. 125 



Message from Governor Bernard to the Minisink In- 
dians, accompanied by a Message to Teedyescung, 
King of the Delmvare Indians, and resulthig in a 
Conference held at Burlington, August 7 and 8, 

1758. 

[From S. P. O. B. T. New Jersey, Vol. 8, 1. 76.] 

Brethren, the Minisink, or Munsy Indians, and 
those of Pompton: 

It is with great pain I am to tell you, that Some 
Indians have invaded our province on the upper parts 
of the Delaware, and Shed much blood, and that you 
are Suspected to be Concerned in it. 

If you have been instigated to this by the false Sug- 
gestions of our Enemies, the French, we "pity you; for 
these proceedings, if not immediately prevented, must 
Cause a discord between us; which though it may be 
greatly hurtful to our people, must in the End En- 
tirely ruin yours. 

The throne of the great King is founded on Justice, 
and therefore if you have received any injury from 
any of his people living within our province, you 
Should have made your Complaints to me, who am 
ordered to do justice to all men, and I would have 
heard you with open Ears, and given you full Satis- 
faction. 

If therefore you have any anger boiling in your 
breasts, I, by this belt, invite you to Burlington, in 
five w^eeks, at which time our great Council will be 
together; there to unburthen your minds, and root 
out of your hearts the Seeds of Enmity, before they 
take too deep a root. And I will kindle a Council fire, 
and bury all the blood, that has Stained otu' ground, 
deep in the Earth, and make a new chain of peace, 



126 ADMINISTRATION OF GOVERNOR BERNARD. [V^5S 

that may bind us and our children, and you and your 
children, in Everlasting bonds of love, that we may 
live together as brethren, under the protection of the 
great King, our Common father. 

If these words Should please you, and you Should 
choose that we Should be your friends rather than 
your Enemies, let all hostilities immediately cease, 
and receive this passport, and go to fort Allen, from 
whence you shall be conducted to Bristol, where you 
will find deputies, who will take you by the hand and 
lead you to me at Burlington, But if the time and 
place I have mentioned, be inconvenient to you, I 
Shall be ready to receive you in this Government 
where you can more agreeably to yourselves, attend.' 



Letter from Governor Bernard to the Lords of Trade 
— had i)rorogued the Assembly — vaca^icies in the 
Council, Lidian Affairs, etc. 

[From P. R. O. B. T., New Jersey, Vol. 8, 1. 69.] 

Perth Amboy Aug 24, 1758. 

To the Right Honble The Lords Commissioners 
for Trade & Plantations 

My Lords 

Soon after I had the honor to make up my last dis- 
patches to your Lordships 1 went to Burlington & 
open'd the Assembly which kept sitting till the 12"' 
inst. when they having gone thro' all the necessary 
business before them I prorogued them & hope I shall 



1 The minutes of the Conference in full will be found printed in Smith's History 
of New Jersey, pp. 449 to 455. 



1758] ADMINISTKATION OF GOVERNOE BERNARD. 127 

not have occasion to call them together again before 
the next Spring. 1 shall inform your Lordships of the 
proceedings thereof as soon as I can receive the papers 
to be laid before your Lordships which will be a guide 
to me in giving my sentiments where they shall be 
requisite 

At the meeting of the Assembly, M' Eeading the 
President came into Council & beg'd leave to resign 
his place in the Council on account of his age & in- 
firmities he being Y3, and sensible that his faculties 
begin to fail him. M"" Leonard another of the Council 
wrote to desire the same favour on the same account. 
I have seen him & am quite satisfied that he is unable 
to act any longer. I promised to recommend their 
request to his Majesty & according to precedent, sus- 
pended them from their office till his Majestys pleasure 
should be signified. 

In consequence of this I am to lay before your Lord- 
ships a fist of persons fit to be appointed Councellors. 
And as there are but two Councellors now remaining 
in West Jersey, I must submit to your Lordships that 
It may be proper to fill up both these Vacancies out of 
that division and shall therefore place that first. 

West Jersey 

Charles Kead Esq Member for Burlington & Dep. 

Secy. 
John Smith of Burlington Esq a moderate Man of 

the Quaker persuasion. 
Robert Hooper of Trenton Esq 
John Ladd Esq Member for the County of Glo- 

cester 

East Jersey 

Peter Schuyler of Petersburgh Esq 

Lewis Johnston of Amboy Esq 

John Stevens Esq Member for Amboy 



128 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

Whilst I was at Burlington a Deputation of Indians 
came to answer the Message I sent to the Mounseys in 
July last. They consisted of 3 Mounseys 1 Cayugan 
on behalf of the G Nations and 2 Delawares. They 
professed to come from the Senecas the Cayugans & 
the Mounsies. The substance of what they said was 
to invite me to a Treaty which they & many other 
Nations were to hold with Pennsylvania at Easton 
next full Moon. I promised to attend, & the Assem- 
bly has provided for the expence of it. Gov' Denny 
with 3 of his Council came to Burlington on this oc- 
casion to engage us to join with them in this treaty, 
which We have agreed to do, but not as principals, 
nor to be subject to any charge but the expence of own 
attendance. I shall be able to send your Lordships 
copies of all the Indian proceedings by next week if 
the Packet waits so long 

About a fortnight ago I received advise of a French 
Capt" & 10 Indians being set out towards our frontiers. 
I advised our commanding officer of it & he has been 
in pursuit of them but could not come up with them. 
They are since retii'ed without loss having killed two 
in Pennsylvania & two in New York & captivated 3 
children in N York but done no mischief in our prov- 
ince. The Assembly have granted 150 men & a new 
fort for the frontier service. It is about half what I 
wanted; but I hope to supply the defect by detach- 
ments of militia to be put under new regulations. 

I have to lay before your Lordships a matter of 
great consequence, an address of the Assembly to beg 
that his Majesty would be pleased to enlarge my 
powers for raising money against the next Year, with- 
out which it will be impossible for the province to send 
any more men into the field. I cannot state this 
properly — without an exact Account of the provincial 
debt, ^ which I have ordered to be made out & as soon 
as I get it wiU give your Lordships the fullest informa- 
tion of this businesss that I can. 



1758] ADMIlSriSTKATION OF GOVERlSrOK BERNAED. 129 

I am obliged on account of my distance from the 
Packet boat & the uncertainty of the time of her sail- 
ing to make up my Dispatches by parcells. I shall 
accordingly send this away to morrow; and shall then 
set about another parcell, which most probably will 
come time enough to accompany this. 
I am, my Lords, with all due respect Yr 
Lordships most obedient &, 

most humble Servant 

Fra. Bernard 



Letter from Governor Bernard inclosing Copy of a 
Message from the Assembly. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 71.] 

Perth Amboy Aug 31. 1758 

To The Eight Honble The Lords Coinmissioners 
for Trade & Plantations. 

My Lo7'ds 

I hereby lay before your Lordships a Petition of the 
Assembly of New Jersey as I received it & beg the 
favour of Your Lordships to represent the same to his 
Majesty in the most favourable manner, that may be. 
I have the honour to be, My Lords, 

Y"" Lordships most obedient 

& most humble Servant 

Fra. Bernard 



Ordered that Mr Read M!" Spicer M!' Wetherill MF 
Leaming do wait on his Excellency and Acquaint him 
in Answer to his Message of this Morning that this 
House have taken the same into Consideration together 
with the copies of his Majestys Royal Instructions 
communicated therewith And find by the Journal of 
9 



l30 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

28 Novbr 1748 That the 22'^ Instruction is in the same 
words with Instructions given by his present Majesty 
to his late Excellency Governor Belcher And this House 
do conceive it to have been an Instruction to Several 
of his Governors of his Colonies Abroad. That no Ill- 
conveniences have arisen from the passing any Act for 
striking of Bills of Credit in this Colony to any person 
whatever as the BiUs struck by former Acts have been 
punctually sunck According to the Different periods 
in the Acts expressed whereby the Bills have not in 
the least deminished in their Credit Altho the Colony 
have thro their Zeal for his Majestys Service in keeping 
up a Standing regiment Acting with his Majestys 
forces and the pressing call of the Frontier Inhabitants 
issued large Sums great part of which lays at present 
as a Debt on the Colony. That this Colony have no 
practicable Methods to raise a Sum for immediate 
Service but by striking Bills of Credit to be sunck by 
a future tax the doing of which Not only the Governors 
of this but also of the Neighbouring Colonies have 
thought it Necessary and Expedient to Assent to, 
Notwithstanding the aforesaid Instructions and to 
prolong the time of Sinking the Same According to 
the Different curcumstances of the Colonies, Nor have 
the House the least reason to Believe but that their 
Conduct in that respect has been Approved of by his 
Majesty and his Ministers. That they Inform his 
Excellency that the House has taken his recommend- 
ation of the Frontiers and the Afflictions of the Inhab- 
itants there, into their most Serious Consideration and 
formed a Bill which they hope with the Assistance of 
divine providence will Effectually protect them, but 
as they have not Money in the Treasury for that Ser- 
vice they have no other metliod of Supporting that 
Expence' but by Issuing of Bills of Credit which must 
Militate against that Instruction. That this House 
Entertain hopes that his Excellency will fi'oni the 
Calamity of the time and the Conduct of other his 



1758] ADMINISTRATION OF GOVERNOR BERNARD. Vdl 

Majesty Governors be induced to give his Assent to a 
Bill for striking Bills of Credit for the protection of 
this his Majestys Colony to be sunk at such periods as 
shall be in,the Power of the Colony to Comply v^^ith. 
That they Earnestly request his Excellency to repre- 
sent the Zeal and Loyalty of this Colony to his Maj- 
esty and that without an Indulgence in Striking Bills 
of Credit to be sunck at reasonable periods on a Solid 
and Secure fund This Colony will not be Able to give 
his Iilajesty that aid which would be most Agreeable 
to their Inclinations nor Contribute that protection to 
the Frontiers which they are in duty Bound to do. 
And as there are frequent calls for Expence of this 
kind. That he wiU be pleased to make the Application 
so that we may hope for his Majestys Licence on this 
head, Before any future Necessity shall Embarrass the 
Branches of the Legislature. 

By Order of the House 

Ths Hartshorne 
Burlington Aug- 8*? 1758 



Letter from Governor Bernard to the Lords of Trade, 
respecting the manner of the Assemhhfs passing 
Bills of Credit, during the time of War, with his 
Observations upon the necessity of a Spjecial In- 
struction to empower him to pass such Bills. 

[From P. R. O. B. T., New Jersey, Vol. 8, 1. 72.] 

Perth Amboy Aug* 31 1758 

To the Right Hon'ble the Lords Commissioners 
for Trade & Plantations 

My Lords 

1 hereby transmit to your Lordships a Copy of a 
IVCessage I received from the Assembly at their last 
Sitting. The Occasion of which was this: I had earn- 



I35i ADMINISTRATION OF GOVERNOR BERNARD. [1758 

estly recommended to them to provide effectually for 
the Defence of their frontiers then greatly distressed 
by frequent irruptions of the Indians & very insuffi- 
ciently guarded. They accordingly prepared a Bill for 
that purpose, in which there was a Clause for emitting 
paper money to be sunk at a distant day beyond five 
years. I being informed of this sent them a copy of 
my instructions: and that produced this message by 
four of their members, which had two purposes, one 
to provide for the present Exigency; the other to gain 
a powder to provide for future necessity. 

As to the fii'st I learnt that the Year 1 76() had but a 
Little Charge on it and would easily admit of a further 
charge: I therefore recommended to them to provide 
for the present Service by a Sum to be charged on the 
year 176<), so as not to charge that year with more 
money than some other years have been charged. 
And then I hoped my complyance therewith consider- 
ing the crying necessity of the Service & the short 
time in which the Money was to be sunk, would be 
considered by your Lordships as not contradictory to 
the spirit of my instructions, tho not strictly conform- 
able to the letter of them. 

This being thus determined, the other point, to ena- 
ble me to consent to the raising money for the use of 
his Majesty in the prosecution of this necessary War 
the next summer, I must now submit to your Lord- 
ships & pray your directions. And that your Lord- 
ships may better judge of this business I have sent 
two Schedules, the one beiiig an Account of the pro- 
vincial debt, the other of the several years appointed 
for the payment thereof. By which your Lordships 
will see what power this Province has for raising ex- 
traordinary money for the further prosecution of this 
War supposing the highest charge of any year is as 
great as the province can bear. The highest charge is 
on the years ITOO, 1702 & 17G3 which amounts to 



1758] ADMIJSriSTRATIO]^ OF GOVERNOR BERNARD. 133 

£16530 each, besides the ordinary expences of govern- 
ment which are reckoned at about £3000 more. Ac- 
cording to this rule there might be added to the charge 
of 1T59 the further Sum of £5000 and to that of 1761 
the furtlier Sum of £2500: then follow four years 
wholly uncharged, the first of which will be within 
five years the next year. So that if the Assembly 
would charge all these Years equally and I should be 
at liberty to consent to raise £16500 on the year 1704 
for the use of the next year, we should be able in the 
whole to raise £24000 for extraordinary service to be 
sunk in five years. 

But I fear that £24000 will not be sufficient for the 
quota of this province for the next year, especially if 
there should be occasion (as I suppose there will be, if 
Peace should not intervene) for the utmost exertion of 
the powers of the North American Provinces. It will 
therefore be very expedient that his Majesties service 
in this province may not be obstructed, to empow^er 
me by a special instruction to raise money by bills of 
credit to be sunk within six, seven or eight Years for 
his majesties extraordinary service in prosecuting this 
just and necessary w^ar, x\nd as your Lordships will 
observe that it is only for the extraordinary purposes 
of the war that this power is desired: the application 
of the money may be directed to be for the raising 
100(1 men to be under the command of the Commander 
in chief & 200 men for the defence of the frontiers and 
such other purposes of his Majesties service as the 
Gov' with the advice of the Council & the approbation 
of the commander in chief shall direct. 

And it Avill be absolutely necessary that this powder 
should be free from the exception to making the bills 
a legal Tender : for I am satisfied the Assembly will 
not pass a bill with that exception. Your Lordships 
will observe by perusing the Votes in 1754 that Gov^ 



134 ADMIl^ISTRATION OF GOVERNOR BERSTARD. [1758 

Belcher having procured a special instruction for a 
Loan Bill for striking £()0000 with a proviso that the 
bills should not be a legal Tender, this very Assembly 
petitioned against that proviso, and not being able to 
obtain a remission of it, they gave up their bill. And 
if they would upon account of this proviso refuse a 
Loan bill which they were then in a great want of & 
which (as your Lordships in your report on the last 
Loan Bill have most properly observed) by applying 
part of the Interest .arising from the Loan might have 
made such a proviso more i^racticable, than it would 
be in another bill, they certainly will not pass a bill 
for striking money without a Loan unless the biUs are 
made legal Tenders 

And indeed I can't with satisfaction to myself 
answer one of the arguments for the present necessity 
of making these bills Legal Tenders. They say that 
this Province having a continued intercourse with the 
two neighboring Provinces of New York and Pennsyl- 
vania it is quite necessary that their bills should be 
current in the counting houses of New York and Phil- 
adelphia, which at present they are and it is the 
greatest Test of their Credit. In hke manner tbe bills 
of N. York and Pennsylvania are current within New 
Jersey. Now, say they the Bills of N. York & Penn- 
sylvania are made Legal Tenders in their several Prov- 
inces: If therefore the bills in New Jersey should not 
be legal Tenders they would not have all the powers of 
Currency which these of New York and Pensylvania 
have, and therefore might and probably would be dis- 
tinguished to their discredit. If therefore it should be 
thought expedient to introduce this regulation into 
these Provinces, it should be established in the rich 
and powerful Provinces of New York & Pensylvania 
first So then would easily be followed in New Jersey. 
But say they it is dangerous to try experiments with 



1758] ADMIlsriSTRATION" OF GOVERNOR BERNARD. 135 

the credit of this Province by distinguishing its Bills 
from those of its Neighbors. 

These are the sentiments of some of the most sensi- 
ble men of this province with whom I have talkt on 
this subject. And to this argument I have to add an 
observation of my own (in which I may be very possi- 
bly mistaken) which perhaps has not occured to your 
Lordships. That at present the paper Bills are the only 
legal tender that this Province has to use, and if this 
is taken away there will be in use no legal tender at 
all. This appears to be so from these propositions: 
That the Gold and Silver Coin of Great Brittain is the 
only Legal Tender in the American Provinces by com- 
mon Law; that no other sort of money can be made a 
legal tender but by Statute; That English Gold & 
Silver Coin is not used in the currency of this province 
nor to be had in any quantity sufficient for a currency; 
That no other money is enacted to be a legal Tender 
in this province but paper Bills; Therefore paper Bills 
are now the only practicable legal tender within this 
province: The common Species used in this province 
and the only to be met with in any quantity are either 
Spanish pistoles or milled pieces of eight. Of the for- 
mer for what I can learn the Laws are wholly silent, 
nor could they properly be made a tender, as being un- 
milled they are taken by weight & are therefore more 
properly a commodity than money. The latter are 
mentioned in the 6"' of Ann ca. 30. which enacts that 
they shall not be received at more than 6s (whereas 
now they must cost 7-0 prod) and nobody shall be 
compelled to receive them at all, so these cant be a 
legal tender. 

From all which I must humbly submit to your Lord- 
ships that if the time should come when there should 
be no paper money in New Jersey or all the paper 
money should be declared to be no legal tender a pro- 



136 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

vision must be made for some other kind of Tender. 
I must also submit, that whenever Bills of credit shall 
be emitted that shall not be a legal Tender, all other 
Bills should be called in: For it seems to me that it 
will not do to have two sorts of paper circulating at 
the same time the one a tender & the other not: One 
will be apt to depreciate the other. From all which I 
must also submit to your Lordships, that I fear this is 
not the most proper time to enforce a Regulation at- 
tended seemingly with so many difficulties. 

I have given your Lordships this trouble from a 
conviction that this is a business of the greatest con- 
sequence to his Majesties service in this province. For 
if I should not receive further powers by next Spring, 
I shall not be able to support his Majesties service in 
the manner I shall desire & ought to do without a 
breach of my Instructions. And I should be sorry to 
be reduced to the alternative of either being indifferent 
to his Majesties Service or disobedient to his com- 
mands. I must beg leave to add that I have not the 
least Interest in this Business except what the Duty 
of my Office & my Zeal for his Majesties honour give 
me : And therefore hope that the Liberty I have taken 
in being thus explicit with your Lordships will be 
favorably considered. 

I have the Honour to be 

My Lords Your Lordships 
Most obedient and most humble Servant, 

Fra. Bernard 



1758] ADMINISTRATION OF GOVERNOR BERNARD. loT 



Letter from Governor Bernard to the Lords of Trade 
7^elating to the necessity, should the War continue, 
of a special Power from His Majesty for raising 
Money. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 77.] 

Perth Amboy Sep. 15. 1758 

To The R* Honble The Lords Commissioners 
for Trade and Plantations 

My Lords 

As I could not get this Letter on board the Packet 
Boat before it sailed, I have an opportunity to add a 
very material postscript to it. Your Lordships will 
observe that I was uncertain of the probable expence 
of next year, and therefore was doubtfull whether 
£24000 to be raised in the manner I have mentioned, 
would be sufficient to maintain the same force that 
we have on foot this Year; And I imagined that it 
would be greatly insufficient. Since this I have got 
from one of the Commissioners for the present Regi- 
ment an Estimate of the Expence of supporting the 
same Regiment for the next campaign, which, as it 
was made out in haste may be deficient, but must 
certainly amount to the Sum charged. 

And your Lordsliips will observe that there is an 
exorbitant sum charged for Levy Money, which must 
also be charged next Year for future Levies, if the 
Regiment should be disbanded on the 15"" of November 
next for whicli time only it has been raised. But if the 
Assembly would consent to reinlist them (for that is 
necessary) & continue them for a whole year (unless 
I shall see occasion to disband them sooner) it would 
save according to my calculation, near £1:500. But as 
I cannot promise that they will do so, the Expence 



138 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

must be considered as if the Regiment was to be new 
raised. The Expence of the Frontier Guard I have 
estimated from former Acts which I beheve correspond 
with the present which is not now before me and I 
believe is pretty exact. 

From all this Your Lordships will observe that if 
the War is to continue, and we are to exert the force 
of our province there will be occasion for £42000 extra- 
ordinary to be raised for the next year: And, as T have 
before shown to Your Lordships, according to the 
Rule of sinking the money in five years and supposing 
that the province can bear no greater annual charge 
than has hitherto been laid on it We can raise no more 
than £24000, and therefore, if the same Services are 
expected from this province which they have per- 
formed this year there will be occasion for a special 
power from his Majesty to raise the money necessary 
for such services. I must therefore on behalf of the 
Province humbly desire that your Lordships would be 
pleased to interceed with his Majesty that he would 
graciously grant a special Instruction to me to raise 
by Bills of Credit on the same terms with those already 
enacted and now current to be sunk in the years ITO-I: 
& 1765 a Sum not exceeding £40000 to be applyed to 
his Majestys especial Service in the prosecution of 
this War 

I am My Lords 

Your Lordships most Obedient 

& most humble Sei-vant 

Fra. Bernard 



1758] ADMINISTRATION OF GOVERNOR BERNARD. 139 



Letter from Governor Bernard to the Lords of Trade, 
giving an account of the Conferences held at Eas- 
ton ivith the Chief Sachems and Warriors of sev- 
eral nations of Indians. 

[From P. R. O. B. T. New Jersey, Vol. 8, I. 79.] 

Perth Amboy Oct 31. 1758 

To the Eight Hon'ble the Lords Commissioners 
for Trade & Plantations. 

M[j Lords 

Before I set out for the Indian treaty at Easton I 
wrote to your Lordships a Letter concerning the 
means of raising more Money for the further Service 
of his Majesty & inclosed a state of the provincial debt 
& an estimate of the Money that will be wanted Next 
Year, all which together with the Acts of Assembly & 
Votes & the return of the Naval officer, I put on board 
the Hopewell Snow Everston Comm'^, I having been 
disappointed in sending these things by the packet, by 
the sudden Manner in wiiich she was sent away, I 
also before I left Amboy sent another packet enclosing 
the Acts of the Council during my time & also the 
Acts of Council Acts of Assembly & votes during the 
Presidents Adm'ion, which last I find are now at New 
York waiting for a passage. As to the papers which 
I sent by the Hopewell I propose to send duplicates by 
the next packet boat. 

Being now returned from Easton & having brought 
all the Indian affairs of this Province to the best set- 
tlement they are capable of at present, I shall trouble 
your Lordships with a short account of what has been 
done on this occasion intending nevertheless to send 



140 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

your Lordships Copies of the Minutes of all our pro- 
ceedings & by this Packet, if it is not too quick for 
me. 

When I came into the Province, I found it subject 
to two general Indian claims: the one being from the 
Delav^ares & several other Indians on the Southern 
parts of the Province; the other of the Minissinks & 
Opings or Pumptons on the Northern parts. The for- 
mer was put in a good Way of Negotiation the Indian 
claimants having appointed 5 Indians their attorneys 
to act for them with full powers to release &c. The 
latter had produced an Indian War or rather had 
afforded a pretence for the Indians making an irrup- 
tion, of which I advised your Lordships in my first 
Letters from hence. I also advised your Lordships 
that I had soon after my arrival sent a message to the 
Minissinks expostulating with them concerning their 
hostilities, & inviting them to Burlington to declare 
their greivances if they had any. At the meeting of 
the Assembly An Act was passed for granting £1600 
for the satisfying the Indian claims & 6 Commissioners 
appointed (of which two were of the Council) to act, 
with my consent, for that purpose. In regard to the 
Southern claim the Indian Attornies agreed to accept 
of Lands for them to settle on in lieu of the lands 
claimed by them. And accordingly a tract containing 
3000 Acres has been purchased <& conveyed to me & 
the Commissioners in trust for the Indians etc in con- 
sideration of which they have released all their claims 
to the lands Southward of the Raritan. And Notice 
has been given that All Indians that propose to reside 
in this Province (which according to an exact return 
made to me are now about 270) must resort to that 
tract of land which is extremely convenient for their 
purpose having a large Wast adjoining to it for their 
hunting & a passage to the Sea for fishing: And We 



1758] ADMINISTRATION OF GOVERNOR BERNARD. 141 

are going to build a Town foi'them, there being a Saw 
Mill allready there & a grist Mill is immediately to be 
erected. This Place is in the County of Burlington & 
adjoining to the barren Pine Land & out of the Way 
of Communication with the wilder Indians. Thus has 
the Southern claim been settled to the best advantage 
of both parties. 

As to the Minissink claims I have before informed 
your Lordships that at Burlington I received Messen- 
gers from the Senacas & Cayugans on the behalf of 
the Minissinks inviting me to meet them at the Treaty 
at Easton. And to that Place have I been carried by 
this business as well as by the particular desire of 
Gov Denny that I v/ould attend to assist him in the 
general Work of pacification. For a particular Ac- 
count of this great Work I must refer your Lordships 
to the Minutes of the proceedings there, which I hope 
I shall get to accompany this Letter. In regard to the 
present business I need only say that by the mediation 
of some of the Chiefs of the united Nations I have 
come to an Agreement with the Minissinks &c & have 
paid them 1000 dollars, in consideration of which they 
have by deed released all their claims to the Province 
of New Jersey, And this deed, as also the other deed 
of the Delawares has been witnessed by some of the 
chiefs of the united Nations & both have been pub- 
lisht in the presence of the 8 united Nations & the 
several other Nations adjoining to this province as a 
full acquittal & discharge of all Indian claims upon 
the province of New Jersey : And the united Nations 
have received from me a large belt as a perpetual 
Memorial of this transaction. 

But I do not think that I have yet com pleated this 
business : for tho' the Indians should be in earnest in 
their professions (as I beHeve they are), yet, if there is 
not a proper intercourse carried on between them & 



142 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

the English, they will probably change their minds. 
In order therefore to contribute what this Province can 
do towards estabhshing a good correspondence with 
the neighbouring Indians I intend, with the Assistance 
of the Assembly to erect a trading fort on the Most 
Northerly point of the Province. Every person that I 
have spoke to on this Subject, (& I have advised with 
some of the most knowing Persons on the continent) 
approv^e greatly of the design as highly conducive to 
the public Service & not unbeneficial to the interest of 
the Province. And, as I hope, I shall have nothing to 
ask of the Assembly but the erecting a fort & garri- 
soning it the rest being, as I am advertised, to be 
effectually done by private Subscription, I persuade 
myself that I shaU certainly bring this salutary work 
to perfection. After which I can Venture to assure 
the People that they will not probably be harrast again 
by Indians, unless there should be an extraordinary 
turn of the affairs of the Continent, which (thank 
God) at present We have not the least room to fear. 

I have thought proper to give your Lordships this 
short Account of what has been done in regard to the 
Indian Affairs particularly relating to this Province. 
For the rest I must refer your Lordships to the papers 
which I shall send with this or soon after it. 

I am My Lords 

Your Lordships most obedient 

& most humble Servant 

Era. Bernard 



1758] ADMINTSTRATIO]Sr OF GOVERKOR BERNARD. 143 



An Estimate for raising, paying and clothing a 
Regiment of 1000 men, the Bills of Credit out- 
standing and the amount sunk each year. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 73.] 

An Estimate for Raising Paying and Cloathing 
the New Jersey Regiment of 1000 men for 
8 months in 1759, taken from the Accounts 
in 1758. 

Bounty money for 970 men at 

£12 .... 11640 
Cloathing &c . . • . 8340 

Officers & mens pay for S 

months .... 14305 



Total of the Regiment 34305 16 - 

An Estimate for paying & Subsist- 
ing 200 men for the defence of the 
Frontiers for one year &c 
For the pay of a Major a Cap- 
tain 6 Lieutenants 8 Ser- 
jants and S Corporals . 1149 15 - 

For 176 private men . 5160 

Subsisting 200 men . . 1181 5 - 
Subsisting 50 dogs necessary 

for that particular service 114 13 



Total of the Frontier Guard 7605 1 3 



Total of the Charge of these two Services 

(Contingences & Omissions accepted) 41910 17 3 



144 ADMiNTSTRATION OF GOVERNOR BERNARD. [1758 

An Account of the Bills of Ci-edit Outstanding in 

the Province of New Jersey on the 21'-' of Novemb"" 

1758. 

In the year 1Y53 there was outstanding 
in Bills of Credit issued in the Late 
War the Sum of £15302 4 & in 
June 1753 an Act was passed for sink- 
ing the said Sum by Annual Pay- 
ments of £1530 4 01 for 10 years. 
The first payment to be on Nov 21"^ 
1754 Of this remains the Sum of 7051 — 1^ 

In April 1755 was emitted the sum of 
£15000. for raising &c 500 men for 
his Majestys Service to be sunk by 
yearly payments of £5()00 the first to 
be made Nov 21'^ 1757 of this re- 
mains the Sum of . . . . 5000 

In August 1755 was emitted the Sum of 
£15000 for the further supply of the 
Forces to be sunk by yearly pay- 
ments of £5000 the fu-st to be made 
Novemb 21 1758. Of this Eemains 
the Sum of 10000 — - 

In Decemb"^ 1755 Was emitted for the 
Forces for the Defence of the fron- 
tiers & building forts to be sunk Nov"" 
21, 1761. The Sum of . . . 10000 

In June 1756 Was emitted for the further 
Supply of Forces &c £2500 to be 
sunk Nov^ 2r> 1761. & £15000 NovF 
21^' 1762. The Sum of . . . 17500 



.50151 — li 

In April 1757, was emitted for his Maj- 
estys Service to be sunk Nov' 21*^* 
1763 the sum of .... Kmmh) 

And in June 1757 was emitted for the 



1758] ADMIlSriSTRATIOIv" OF GOVEEXOK BERNARD. 145 

said Service to be sunk at the same 

time the sura of ... . 5000 

In Octob' 1757 was emitted for liis Maj- 
estys Service to be sunk by annual 
payments of £5000, the first to be 
made Nov' 21 1768 the sum of . 30000 

In April 1758 was emitted for his Maj- 
estys Service to be sunk by annual 
payments of £10000 the first to be 
made NoV 2r' 1774. the Sum of . 50000 

In August 175S was emitted for raising 
&c forces for the Defence of the 
Frontiers then actually Invaded & 
Building another fort to be sunk 
Nov' 21. 1760. the Sum of . . 10000 



155151 — U 



An Account of the Charge upon each Year for sink- 
ing the Provincial Debt of New Jersey from Novemb' 

17^8. 

1759 For sinking the Remainder of the 

£15302. Outstanding in 1753 . 1530 4 i 
For sinking the Remainder of the 

£15000. emitted April 1755 . 5000 

For sinking the Rem' of the £15000 

emitted August 1755 . . . 5000 

Total .... 11530 4 i 
176< » For sinking the Remr of £15302 in 1753 1530 4 i 
For sinking the Rem': of £15000 in 

Aug' 1755 5000 

For sinking the Rem' of £10000 emitf' 

Aug' 1758 .... lOOOO 

Total . . . 10530 4 i 

10 



146 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

1701 For sinking the Eem' of £15302 in 1753 1530 4 i 

For sinking £10000 emitted Dec"" 1755 lOOoo 

For sulking part of £17500 emitf 

June 1756 .... 2500 



Total .... 14030 4 i 

I7r,2 For sinking the Rem^" of £15302 in 1Y53 1530 4 i 
For sinking the Rem'.' of £17500 em'' 

June 1756 .... 15000 



Total 

1763 For sinking the Rem': of £15302 in 1753 1530 4i 

For sinking £10(>0() emitf April 1757 lOoOo 

For sinking £5000 emitt'^ June 1757 50oo 



Total .... 16530 4 i 

1764, 1765, 1766, 1767, There is no charge upon these 
Years except the Ordinary Support of Govern- 
ment which is to be added to the Charge of 
each other year. 

1768 For sinking part of £,30000 emitf^ 

Octob 1757 .... 5000 

I7(i0 For sinking the same . . . 5000 — 

1770 For sinking the same . . 5000 — 

1771 For sinking part of £30000 emitf Octo 

1757 5(»0o 

1772 For sinking the same . . . 5000 

1773 For sinking the remainder of the 

same £30000 .... 5»»00 
17 < 4 For sinking part of £500(»o emitted 

Ap' 1758 loooO 

1775 For sinking the same . . 10000 

1776 For sinking the same . . . 10000 

1777 For sinking the same . . KM too 
177.S For sinking the Rem'" of the same 

£50000 10000 



1758] ADMINISTRATION OF GOVERNOR BERNARD. 14? 



Represeyitation to the King from the Lords of Tr^ade, 
inclosing Copies of Letters and Papers received 
from Governor Bernard, relcdive to a Law for 
issuing Bills of Credit without a suspending 
Clause. 

[From P. R. O. B. T., New Jersey, Vol. 16, p. 257.] 

To THE King's most Excellent Majesty. 

May it pleasure Your Majesty. 

Having lately receiv'd Lettei^ from Francis Bernard 
Esq'' Governor of New^ Jersey dated in Aug'* and Sept' 
last, stating that in case it should be required of the 
said Colony to furnish any Number of Troops for His 
Majesty's Service in the ensuing Year, there v^ill be a 
necessity for reasons contained in his Letter, that he 
should be empower'd to assent to a Law for issuing a 
certain quantity of paper- Bills of Credit, without a 
Clause suspending its Execution untill your Majesty's 
Pleasure can be known. We think it our Duty hum- 
bly to lay before Your Majesty annexed Copys of the 
said Letters and also a Copy of a Message from the 
House of Eepresentatives of that Province to the Gov- 
ernor upon this subject. We must humbly beg leave 
at the same time to represent to your Majesty, that 
the propriety or Impropriety of complying with the 
Governors Request, appears to Us to depend upon 
what shall be your Majesty's Orders and Resolutions 
with respect to the Extent and the Mode of carrying 
on the Operations of your Majesty's Arms in America 
in the next year. And it is Our humble Opinion, that 
if your Majesty should think proper to require of the 
said Colony to furnish any number of Troops for the 
General Service in America in the ensuing Year, there 
will be a necessity either of altering Your Majesty's 



148 ADMINISTRATION OF GOVERNOR BERNARD. [1758 

Instructions to the Governor, by permitting him to 
assent to a Law for issuing a certain quantity of Paper 
Bills of Credit without a suspending Clause, or to 
acquiesce in a Breach of the said Instructions as has 
been done in the neighbouring Colonies of New York 
and Pennsylvania, where the Governors have upon a 
Presumption of the necessity of the Service, provided 
for such Service, by passing Laws for issuing Paper 
Bills of Credit without suspending Clauses, and con- 
trary to the Tenor of your Majesty's Instructions with 
respect to the duration of the Currency of such BiUs. 

Under these Circumstances, and in this Case, We 
cannot but be of Opinion that it would be more for 
Your Majesty's Interest and the Advantage of the 
said Colony, to alter the Instructions than tacitly to 
acquiesce in a Breach of it, in as much as in the one 
case the Quantity of the Sum to be issued as well as 
the Limitations and Restrictions under which it is to 
be issued may be ascertained, whereas in the other 
case the Legislature there wiU be left at large to issue 
it under such Regulations both with respect to the 
Nature of the Security and the duration of the 
Currency of the Bills as they shall think proper, which 
may operate to the Prejudice of the Colony, of the 
Trade and Commerce of this Country, and of Your 
Majesty's Colony's and Plantations in General. 
Which is most humbly submitted 

Dunk Halifax." 
James Oswald. 
Whitehall W. G. Bamilton. 

Dec?" r, 1758 W. Sloper. 



1758] ADMIN'ISTRATION" OF GOVERNOR BERNARD. 149 



Extracts from a letter from Secretary' Pitt to Govern- 
or Bernard, of Neiv Jersey, urging lyreparations 
for the invasion of Canada. 

[From New York Colonial Documents, Vol. VII., p. 350.] 

[This Circular from Secretary Pitt to the Governors 
of Massachusetts Bay, New Hampshire, Connecticut, 
Rhode Island, New York, and New Jersey, is dated at 
Whitehall, 9 December, 1758. After alluding to the 
great advantages gained during the last Campaign, 
and to the King's Confidence in his faithful and brave 
subjects in the American Colonies, he says:] 

* * * * I am Commanded to signify to you 
the King's pleasure that you do forthwith use your 
utmost Endeavours and influence with the Council 
and Assembly of your province, to induce them to 
raise with all possible dispatch, within your Govern- 
ment at least as large a body of Men as they did for 
the last Campaign, and even as many more, as the 
number of its inhabitants may allow; and forming the 
same into Regiments as far as shall be found con- 
venient, and that you do direct them to hold them- 
selves in readiness as early as may be to march to the 
rendez-vous at Albany, or such other place, as his 
Maj*.^' Commander in Chief in America shall appoint 
in order to proceed from thence in Conjunction with a 
body of the King's British Forces, and under the 
Supreme Command of his Maj*^"' said Commander in 
Chief in America, so as to be in a Situation to begin 
the Operations of the Campaign by the 1^' of May if 
possible, or as soon after as shall be any way practica- 
ble, by attempting to make an irruption into Canada, 
as above, by the way of Crown Point, and if found 
practicable to attack either Montreal or Qnebeck, or 
both of the said places successively. * * * ^^ And 



150 ADMINISTRATION" OF GOVERNOR BERNARD. [1758 

the better to facilitate this important Service, the 
King is pleased to leave it to you to issue Commissions 
to such Gentlemeii of your prov''% as you shall judge 
from their weight and credit with the people, and 
their zeal for the public Service, may be best disposed 
and able to quicken and Effectuate the speedy levying 
of the greatest number of men. ''• ^' * 

The King is further pleased to furnish all the Men, 
so raised as above, with Arms, Amunition and Tents, 
as well as to order provisions to be issued to the Same 
by His Maj '?'■'* Commissaries, in the same pro])ortion 
and manner as is done to the rest of the King's forces. 
A sufficient Train of Artillery, will also be provided at 
His Maj''"* expence for the Operations of the Cam- 
paign, and the Ship, that Conveys this, carries orders 
for timely providing, at the King's charge, with the 
utmost dihgence, and in an Ample Manner, boats and 
Vessels necessary for the transportation of the Army 
on this Expedition. The whole therefore that His 
Maj*'' Expects and requires from the Several Provinces, 
is, the levying cloathing and pay of the Men. * * 

It is His Maj*^^ pleasure, that you do, with particu- 
lar diligence, immediately collect, and put into the 
best condition all the arms, issued last Campaign, 
which can be, any ways, rendered serviceable or that 
can be found within your Governt', in order that the 
same may be employed, as far as they will go, in this 
Exigency. I am at the same tiuie to acquaint you, 
that a reasonable supply of arms will be sent from 
England, to replace such, as may have been lost, or 
have become unfit for future Service. * - - 

I am ettc, 

W. Pitt. 



1758] ADMIN"ISTKATION" OF GOVERNOR BERNARD. 151 



Order of the King in Council aj)provi)ig the appoint- 
ment of Charles Read and John Smith as memhers 
of the New Jersey Council in place of John Read- 
ing and Thomas Leonard. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 78.] 

At the Couet at St. James's the 1 2™ day of 
December 1758. 

Present 

The Kings most Excellent Majesty in Council. 

Upon reading this day at the Board, a Representa- 
tion from the Lords Commissioners for Trade and 
Plantations setting forth, That John Reading and 
Thomas Leonard Esq'"? two of His Majestys Council in 
the Province of New Jersey, have desired leave to re- 
sign their Seats at that Board, on Account of their 
Age and Infirraaties; and that Charles Read' and John 
Smith Esqf have been recommended to them as Per- 
sons every way qualified to serve His Majesty in that 
Station; The said Lords Commissioners therefore 
propose, that they may be appointed of His Majestys 
Council in the said Province in the room of the said 



' Charles Read was Collector of Customg at Burlington, 1733-1751. and perhaps 
longer.— J. rdu'ves, VII, 150, 381, 650; Papers of Lewis Morris. 128. He was Secre- 
tary of the Province, at least from 1748 to 1700, and was again commissioned 
Secretarj', February 10, 1703. In 1748 was recommended by Governor Belcher for 
a seat in the Council. — Archives. VII, 139; VIII, Part 2, p. 3.57; Bool: AAA of Com- 
missions. Trenton, fol. 339. 360. Judge Field says he held the place of second Judge 
of the Supreme Court for some mouths prior to the death of Chief Justice Morris, in 
January, 1704 ; he was appointed to succeed the latter, but in October was displaced, 
and occupied again the position to which he had been appointed in 1749. The 
appointment was recommended by Lord Stirling, but was severely criticised by 
William Smith, the historian. — Provincial Courts of New Jersey, by Richard S. 
Field, 1849, p. 158; Life of Lord Stirling, by WUham A. Duer, 1847, p. 80.— [W. N.] 



152 ADMINISTRATION OF GOVERNOR BERNARD. [1?59 

John Reading and Thomas Leonard'— His Majesty in 
Council approving thereof, is pleased to Order, as it is 
hereby Ordered, that the said Charles Read and John 
Smith Esq'f be constituted and appointed Members of 
His Majestys said Council in the Province of Nev^ 
Jersey, in the room of the said John Reading and 
Thomas Leonard Esqf ; And that the said Lords Com- 
missioners for Trade aud Plantations, do cause War- 
rants to be prepared for that Purpose, and lay the 
same before His Majesty at this Board. 

W. Sharpe 



Letter from the Lords of Trade to Governor Bernard, 
in ansiver to several communications from him. 

LFrom P. R. O. B. T., New Jersey, Vol. 16, p. 263.] 

Whitehall Feb'ry S 1759 

To Francis Bernard Esq^ Governor of New 

Jersey. 
Sir, 

We have receiv'd your Letters to Us dated the 2(y'' 
June, 3'' of July, 14"' & 31^' of Aug?* 15*" SeptemV & 
31'' of Oct' last, with the several papers transmitted 
vs^ith and referr'd to in them. 

The Situation in which you found the Province upon 
your Arrival, its Frontiers ravaged by a cruel and 
• 

' Thomas Leonard came from Massachusetts, where his family had been since 
1652. and settled at Princeton probably as early as 1710. He soon became a very 
large land owner in that section of New Jersey. " He was a man well educated for 
those days, and possessed as much if not more public spirit than any of his con- 
temporaries in the community. He was almost continually in office, some time 
Presiding Judge of Common Pleas in Somerset County, and for nearly a quarter of 
a century he served as a member of the Colonial Legislature at various sessions 
between 1723 and 1744 from Somerset County. He was a member of the eighth 
General Assembly, held at Perth Amboy. He died in 1759.'"— History of Princeton 
and its Institutions, by John F. Hageman, 1879, I, 42-9; Savage's Genealogical 



1759] ADMINISTRATION OF GOVEENOR BERNARD. 153 

merciless Enemy, was such, as call'd upon you to enter 
immediately into the most vigourous Measures to put 
a Stop to an Evil that had already spread terror and 
Desolation amongst the Inhabitants. 

It gave us great Pleasure to find that the Measures 
you took for this Purpose, had so good an Effect, and 
it is Oui' Duty to express Our Approbation of them as 
well of every other Step you have taken, as well at the 
Treaty at Easton as since, to prevent the like Distresses 
for the future by a fair and honest Satisfaction given 
for the just Claims of the Indians, and by endeavour- 
ing to remove every Occasion of future Quarrel and 
discontent. The share which the province under your 
Government had in the Transactions at Easton gives 
Us the greatest Satisfaction, that part of it which 
more particularly concerns them We much approve of, 
hoping that the whole will have a good Effect to ter- 
minate our Differences with the Indians, which have 
been attended with such dreadfull Calamity to the 
middle provinces. 

We have recommended Mess-? Smith and Read to 
His Majesty to supply the Vacancies in the Council 
occasion'd by the Resignation of Mess" Reading & 
Leonard, His Majesty has been graciously pleas'd to 
approve Our Recommendation, and has sign'd the 
proper Warrants for their Admission, and We hope 
they wiU by their Conduct and Zeal for the Service 
prove themselves worthy of the honour which has 
been done them. 

The Arguments urg'd by you in your Letters of 
Aug"' and Sept- last, to evince the necessity and pro- 
priety of an Alteration of your Instructions concerning 



Dictionary of New England, 1861, III, 78. Mr. Leonard was recommended in 1718 
for a seat in the Counml, and again in 1745, \vlien he was appointed. — Archives, TV, 
337; lb., VI, 233, 238. He was a Presbyterian, was one of the first trustees of 
Princeton College, appointed by Governor Belcher in 1748; was Cliairman of the 
first Building Committee, and laid the corner stone of Nassau HaU in 17^.— Hist. 
Coll. of New Jersey, by Dr. Maclean, 1877, pp. 47, 104, 146.— [W. N.] 



154 ADMINISTRATION" OF GOVERNOR BERNARD. [1759 

paper Bills of Credit, in Case his Majesty should think 
it necessary to require any further Services from the 
province in the ensuing year, were such, as appear'd 
to Us to require a very Serious Consideration. We 
accordingly enter'd upon the Consideration of this im- 
portant Business without Delay, and having laid your 
Letter & papers upon this subject before His Majesty 
with Our humble Opinion upon them, We have this day 
receiv'd an Order of Council to prepare an Additional 
Instruction to you conformable to that Opinion, which 
will be dispatch'd to you as soon as it can pass thro' 
the necessary forms of Office, and will we hope arrive in 
time to free you from the Difficulty & Embarrassment 
you lay under from your Instructions as they now 
stand. 

We have now answer'd the principal points contain'd 
in your Coi'respondence with us, but before We close 
our Letter it will be necessary for us to say a Word or 
two upon the very irregular manner in which the Acts 
of New Jersey for raising money for the extraordinary 
Services of the War, appear to us to be fram'd. By 
the Constitution of the Government of the Colony s, 
which is made as near as may be agreable to the plan 
and Form of the Constitution of the mother Country, 
all executive powers of Government are vested in the 
Crown and delegated to its Governors : the people 
have by their Eepresentatives the power of granting 
and a]:»propriating all public money whatever to be 
rais'd for pubhck Services, and the mode of issuing 
and applying it to such Services to which it is appro- 
priated, is by Wai'rant of the Govejiior, with the Con- 
sent of Council, the persons appointed to receive and 
pay such Money are and ought to be accountable to 
the Crown, and their Accounts be Audited and pass'd 
by such Officers of the Crown as are by law establish'd 
for that purpose. Most, if not all of the Laws pass'd 
here which regulate and prescribe the mode of passing 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 155 

Accounts of public money, and contain Checks upon 
those intrusted with it, extend to the Colony s, and 
many other additional Securitys have been added, 
adapted to their particular Situation and Circum- 
stances, but by the nature and form of the Laws pass'd 
in New Jersey, all those powers and prerogatives of 
the Crown on the one Hand and the Security to the 
Rights and properties of the Subject on the other, are 
set aside. Commissioners are appointed for carrying 
into Execution, independent of the Governor, all the 
purposes of the Acts. The Treasurers are authoriz'd 
and directed to issue into their hands whatever Sums 
they shall require, without the Warrant or Interposi- 
tion of the Governor, and those Commissioners and 
other Officers are made accountable to the Assembly 
only, which is by act vested with a power of passing, 
allowing or disallowing such Acc-? without further or 
other Check or Comptrol. Such proceedings as these, 
must, in the end terminate in a total Disarrangement 
of Govern* and at once deprive the Crown of its just 
and legal Authority, and the Subject of that Security 
which Law and the Constitution have establish'd for 
his Rights & property, and therefore. We sincerly hope 
that you will have it in your power by a just, fair & 
candid Representation of this matter, to prevail upon 
the people to desist from such irregular provisions for 
the future, and conform with more propriety to what 
is the true principal of their Constitution & orig! Form 
of Govern- 

We are Sir 

Your most obed' hum^J*' Serv^f 

Dunk Halifax 
Rich"? Rigby 
W. Sloper. 



156 ADMINISTKATION OF GOVERNOR BERNARD. [1759 



Bepoit of the Lords of Trade to the Lords of the Privy 
Coimcil, tvith the draft of an Instruction to Gov- 
ernor Bernard, relative to the passing paper Bills 
of Credit. 

[From P. R. O. B. T. New Jersey, Vol. 16, p. 271.] 

To the R: Hon^l® the Lords of the Comm? of 
His Majesty's most Hon^l® Privy Council 
for Plantation Affairs. 

My Lords, 

Pursuant to your Lordships Order made on the 7'^ 
instant upon Consideration of Oui- humble Re})resent- 
ation to His Majesty of the 7"' of Decern!' last, humbly 
proposing that for the Reasons therein contained an 
Alteration should be made in the Instruction given to 
Francis Bernard Esq- Governor of New Jersey, where- 
by he is restrain'd from passing Acts for issuing Bills 
of Credit, We have prepared the Draught of such an 
Instruction as We think proper to the said Governor 
upon this Occasion ; and We beg Leave herewith to 
lay the said Draught before your Lordships. ' 
We are My Lords 

Your Lordships most obedient and 
most humble Serv*^ 

Dunk Halifax. 
James Oswald. 

SOAME JeNYNS 

Whitehall Febry S. 1759. W. G. Hamilton 



Instructions to Our Trusty and Welbeloved Francis 
Bernard Esq. Our Captain General & Governor in 
Chief in and over Our province of Nova Caesarea or 

1 This report approved by the Privy Council Februaiy 10, 1759.— Ed. 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 157 

New Jersey in America, or to the Commander in Chief 
of Our said Province for the time being. Given at 

Our Court at S- James's this — — day of 1750, in 

the thirty second Year of Our Eeign. 

Whereas by the 22'' Article of Our Royal Instruc- 
tions to you you are strictly charged and Commanded 
not to give your Assent to any Act in Our Province of 
Nev^ Jersey under your Government, wliereby Bills of 
Credit may be struck and issued in Lieu of money, 
unless you take Care that a Clause be inserted in such 
Act, declaring that the same shall not take Effect un- 
till it shall have receiv'd Our Royal Approbation and 
Allowance : and whereas it may be necessary for Our 
Service that the Rigiment of one thousand men, which 
has been rais'd from year to year by Our province of 
New Jersey, should be further continued, which, as it 
has been humbly represented to Us, cannot be done 
without a further Emission of Paper Bills of Credit, 
there being no other means of defraying pubhck 
Charges: It is therefore Our Will & Pleasure and 
you are hereby authorized and impower'd to give your 
Assent to any Act or Acts to be pass'd in Our said 
province for issuing the further Sum of Forty thousand 
pounds in paper Bills of Credit, to be applied to the 
raising, subsisting and maintaining of one Regiment 
of one thousand Men, to be employ'd for Our Service 
in North America in such manner as We or Our Com- 
mander in Chief of Our Forces shall thiuk fit to direct 
& appoint; and also to the raising, subsisting and 
maintaining of two hundred men, to be divided into 
three Companies, and employ'd in the Defence and 
protection of the Frontiers of Our said province. Pro- 
vided always, that you do take especial Care that in 
such Act or Acts proper and sufficient Funds be pro- 
vided and estabhsh'd for sinking and discharging the 
said Bills of Credit so to be issued, in the years 1764 & 
1765 at farthest. 



158 ADMimSTRATION OF GOVERNOR BERNARD. [1759 

And whereas in the acts pass'd of late years for rais- 
ing Money for the pubhck Service of Our Province of 
New Jersey, a very irregular practice has prevailed, 
of nominating Commissioners for carrying into Exe- 
cution the several Services thereby directed, which 
Commissioners and other Officers named in the said 
Acts are thereby authorized to draw out of the Hands 
of the Treasurer such Sums as they shall, Judge 
necessary, without the Warrant of Our Governor or 
Commander in Chief of Our said province for the time 
being, with the Consent of Our Council, and without 
being made accountable for their Conduct in the appli- 
cation of such monies, in such manner as is prescrib'd 
by Law and by Our Royal Instructions to you in that 
behalf ; by which means all the Checks which have 
been so properly establish'd for the Support of Our 
just Authority and for the Security of the Eights and 
properties of Our loving Subjects, are set aside: It is 
therefore Our express Will and Pleasure that you do 
not, upon pain of Our highest Displeasure, give your 
Assent to any Act for raising money for the above 
mention'd purposes, in which Commissioners shall be 
nam'd for carrying into Execution the several Ser- 
vices thereby directed, (unless such Commissioners 
shall have been previously nominated or approved by 
you) or by which the several Sums thereby granted 
shall be directed to be issu'd and apphed to the Services 
to which they shall be appropriated, otherwise than 
by your Warrant, by and with the Advice and Con- 
sent of Our Council, to be accounted for unto Us and 
Our Commissioners of Our Treasury or Our High 
Treasurer for the time being, and audited by Our 
Auditor General of Our plantations or his Deputy for 
the time being, according to the Directions of the 2o"' 
Article of Our Royal Instructions to you in that 
behalf. 



1759] ADMINISTRATION OF GOVEENOR BERNARD. 159 



Speech of Governor Bernard to the Legislature of 
New Jersey, March 6, 1759. 

[From P. R. O. B. T., Vol. 24, No. 24.] 

Gentlemen of the Council and 
Geyitlemen of the General Assembly. 

I have had the honour to have His Majesty's com- 
mands Signified to me by Mr Secretary Pitt; by which 
I am required to use my utmost endeavour to induce 
you to raise, with all possible dispatch at least as large 
a Body of Men as you did for the last campaign and as 
many more as the Number of the inhabitants of this 
Province may allow, to act in conjunction with His 
Majesty's British Forces under the command of his 
commander in chief in America. I have therefore 
called you together as soon as I Possibly could ; that 
you may take this great and Important business into 
your immediate Consideration. 

When we reflect upon the happy success that has 
lately attended his Majesty's Arms, we cannot Suffi- 
ciently Adore the divine Providence. The Justness of 
his cause and the steadiness and unanimity of his 
Councils have produced the desired effects; and have 
shown that France is not so formidable as her own in- 
solence and the timidity of her neighbours have repre- 
sented her. 

In Europe by the extraordinary virtue of one Man, 
the great and glorious King of Prussia, Supported 
moderately by Great Britain w^e have seen the whole 
land force of France, assisted as it has been by its un- 
natural alliance with most of the Germanic & Northern 
Powers, repulsed and Kept at bay, by which lucky 
diversion whilst they have been defeated and disabled 
in those fields where they chose to exert their force 
they have rendered themselves defenceless in aU other 



IGO ADMINISTRATION" OF GOVERNOR BERNARD. [1759 

parts. Hence a Terror has been Struck throughout 
their coasts, their fleets have been blocked up; tlieir 
fortifications have been dismantled, and their Shipping 
has been destroyed in their own poi'ts; and their trade 
has been ruined by the cutting off their communica- 
tion with their Colonies abroad. 

In Affrica they have lost the rich settlement of Sene- 
gal; in the West Indies, we have just receiv'd certain 
advice that the valuable Island of Guadaloupe has been 
taken by our forces. In North America their only 
fortress of any great strength fortified to the best ad- 
vantage defended by a large garrison, and provided 
with all necessary stores has been obliged to submitt 
to the British Arms. And tho' another expedition had 
not the Success that was expected yet that disa])point- 
ment w^as almost immediately after retreived by the 
taking of fort Frontinac, by a Detachment of Provin- 
cials: an event which, if it had produced no other ad- 
vantage, than the change it has contributed to in tlie 
Minds of the neighbouring Indians, is of the greatest 
imjiortance. 

Nor have our negotiations in America been less suc- 
cessful than our Arms, at the Treaty of Easton (which 
was brought about by the wise measures of the Gov- 
ernor of Pensylvania and in which this Province bore 
a considerable and honourable part) a firm peace has 
been concluded between the confederate Indians with 
Nations dependant on them, and the English; and all 
matters of difference between them have been amicably 
and fuUy adjusted In consequence of which, by the 
prudent and Steady conduct of Brigadier General 
Forbes, the French have been obliged to abandon the 
Country about the Ohio; and those very Indians who 
had hitherto Defended them in the possession of it, 
have received the English and desired to be restored, to 
that good friendship which they formerly had with 
them. We are also assured by them, that many Na- 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 161 

tions to the Westward and Southward of that Country 
intend to take this opportunity to put themselves under 
the jDrotection of the British Empire; some renewing & 
others now first commencing an Alhance with the. 
English Nation. 

Under those circumstances what have we not to 
hope for ? the forces that were before necessarily 
divided may now be conveniently united, and the Sub- 
duer of Louisbourgh is to Command the Invasion of 
Canada. With this fair prospect before you, you 
wou'd be injurious to yourselves as weU as ungreatfull 
to your King if you should not contribute all in your 
power to the Common cause. 

Gentlemen of the General Assembly — 

I shall order the letter I have receiv'd from M"^ Pitt 
and one from Major General Amherst to be laid before 
you, under the Confidence expressed in them that no 
unnecessary communication of the designations men- 
tioned therein shall be raade, I shall also communicate 
to you some extracts from other letters from General 
Amherst, from all which you will perceive that it is 
expected that you will send into the field, this year a 
greater force than you did last: I must therefore 
earnestly recommend to you that if you think the cir- 
cumstances of the Province will possibly admit of it, 
you will make an Addition to the Number of the forces 
granted by you Last year: I shall have other things 
to recommend to your consideration : but till you have 
formed your resolutions on this business, I shall not 
interrupt it with any lesser concerns. 

Gentlemen of the Council & Gentlemen of the Gen- 
eral Assembly — 

I shou'd trifle with you if I was to endeavour to use 
any arts of persuasion on this subject; Your own 
breasts will furnish you with more forcible arguments 
for exerting yourselves to the utmost of your Power 
at this critical time, than I can suggest; every motive 
11 



1G2 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

that can influence the human mind to action must in- 
cite you to this: Your honour your Interest your 
rehgion, your property; your present Safety and the 
preservation of your posterity. In short if you have 
a mind to have the freedom and independence of your 
Country to all future times the present is that, in 
which it must be Effected. 



Ansiver of the General Assembly, March 14. 
To his Excellency Francis Bernard Esqr Cap- 
tain General & Governor in chief in and 
over his Majesty's Province of New Jersey 
& Territories thereon Depending in Amer- 
ica Chancellor & Vice Admiral in the 
Same &c 

May it Please your Excellency 

We His Majesty's dutifull and Loyal Subjects the 
Eepresentatives of the Colony of New Jersey in Gen- 
eral Assembly Conveined have taken M' Secretary 
Pitts Letter into Consideration and in pursuance of the 
Methods proposed have without Loss of time gone 
through the Necessary measures for Compleating the 
Levies with all the expedition that the Nature of the 
Case seems to require 

We concur with your Excellency that the happy 
Success which has lately attended His Majesty's Arms 
is a Sufficient Cause to adore the Divine Providence. 
Those who can soon foi'get the Differrence between 
the Situation of things now and but a little time past 
must let very distinguishing Turns of Superior direction 
Soon escape their Notice; and but unthankfully receive 
the blessings that infinite wisdom has been pleased to 
render very Conspicuous among our fellow Subjects of 
the English Nation, a memento that to a Considerate 
mind is not less extraordinary in its Nature, than it is 
a Standing Obligation to Vigilance & gratitude. 



1759] ADMINISTEATIOK OF GOVEKJSTOR BERNARD. 163 

When we reflect upon the late happy change, as 
restricted to Indian affairs the part your Excellency 
bore in the promoting and afterwards in the happy 
execution of the Treaty at Easton, and this tho' almost 
one of the first Acts of your Government, and against 
very Popular prejudices, we must Acknowledge your 
Excellency is entitled to the thanks of the Public; 
The event has proved the wisdom of the action, and 
we hope the Success will Still continue to evince its 
utility. 

As it was but just to repair an oversight respecting 
Indian purchases in this Province, if any such there 
were; we cannot therefore but approve of your Excel- 
lencys Conduct in conjunction with the Commissioners 
for Indian affairs, and with Pleasure reflect that 
whatever Omissions there may have formerly been, 
the same are now compleatly Supplied And the whole 
Province (except a small claim of Tatamies and such 
land as the Indians hold by English Titles in the 
manner common to all Freeholders) entirely exempted 
from Indian Claims both to our and their full satis- 
faction 

By Order of the house 

Samuel JSTevill Speaker 

House of Assembly March 11"' 1759 



Addt^ess of Governor Beryiard to the Leyislattire, 
March 15, 1759. 

[From P. R. O. B. T., Vol. 34, No. 24.] 

Gentlemen of the Council & Gentlemen of the General 
Assemhlii. 
I thank you for the Speedy dispatch of this impor- 
tant business. The readiness and unanimity with 
which you have proceeded therein are manifest proofs 
of your duty to the King and Zeal for his Service. I 



104 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

am Sensible that the Proportion of your Contribution 
to the common cause ought not to be reckoned by the 
Number of your forces only, The manner in which 
you cloath and furnish them and the Punctuahty witli 
which you compleat your Numbers (in both which you 
exceed almost all other Colonies) make your Men both 
more ex^Densive and more Servicable; And the large 
Sums you are obliged to raise for this Purpose will, I 
hope Sufficiently prove that your efforts on this occa- 
sion are the greatest that you think the circumstances 
of the Province will bear, In this hght I shall represent 
you to such of his Majesty's Ministers as I shall have 
the honour to write to 

Gentlemen of the general Assembly 

When I spoke to you at the opening of this Session, 
I told you, that as soon as you had formed your resolu- 
tions on "this business I shou'd have other things to 
recommend to you. Accordingly I now propose to you 
to Consider of the Keeping up your frontier guard, the 
Provision for which will expire on the 21f of May 
next. It is a business that ought be well weighed: on 
the one hand, there is, to all appearance a perfect 
Peace with the Indians in that Neighbourhood; and 
those at a distance have given Strong assurances of 
their intentions to live in friendship with the English. 
On the other hand you Know very well that those pro- 
fessions, however sincere when they are made, are not 
always to be depended upon in their Consequences. 
Trifling Causes; a a misunderstanding with our people 
on the frontiers, a false report circulated with credit, 
a little advantage gained over us by the french or too 
quick a Progress in our advantages over them have at 
different times Occasioned the Indians to invade our 
frontiers when we have been lulled into a fatal Security 
trusting to the Sincerity of friendly professions and 
the faith of solemn Treaties. You will therefore con- 
sider weU whether it be advisable to leave the frontiers 



1759] ADMIJSriSTRATIOlSr OF GOVERNOE BERNARD. 165 

entirely defenceless. However I shall think it Proper 
at this particular time to disband the whole frontier 
guard : and if you shall think it necessary to Keep a 
guard on the frontiers they will be easily raised after 
the regiment is sent into the field. 

Another thing I have to recommend to you is to 
consider of some means to carry on a trade with the 
Neighbouring Indians. I have been assured by those 
that are well acquainted with Indian affairs that the 
firmest peace you can make with them wiU not be 
durable, unless you Keep up an intercourse with them 
to their Advantage : and this is to be effected best by 
Trade which may be made to turn to your advantage 
also. This Trade shou'd be public and not private as 
the latter by its selfish and unconscionable conduct, 
frequently dose more harm than good. This pubhc 
Trade may be either managed by Commissioners on 
account of the Province or by an incorporate Compatiy 
with a joint Stock with an exclusion of private traders, 
in either case the Trading House shou'd be fortified &; 
garrisoned as well to prevent surprise as to command 
respect. This shou'd be done at the charge of the 
province and in our case may be considered as part of 
the expences of the Trade, in the other as a bounty for 
the encouragement of it. Besides the Securing the 
affections of the Indians, other benefits must accrue to 
the Province from the introduction of a new branch of 
trade into it. This province is well Situated for all 
the Purposes of commerce but at present wants both 
private Spirit and pubHck incouragement. For which 
reason I must further recommend to you that if you 
shou'd determine to establish this trade you wou'd 
make it one of the Terms of it that after a certain time 
all imports and exports thereof from and to great 
Britain shaU as much as possible be made directly and 
immediately to and from some port of this Province 



166 ADMINISTRATION OF GOTEEKOR BERNARD. [1759 

Gentlemen 

In gives me great pleasure to find that my Service 
has been so acceptable to you and your constituents. 
I must not expect that my endeavours for the pubUck 
good will often have such great consequences as the 
Negotiations at Easton produced. But I hope I shall 
act v^ith the same Spirit attention & industry in all 
other Public business as I did in that: And tho' Suc- 
cess is not to be commanded I shall always endeavour 
to Deserve it. 



Letter from Governor Bernard to Secretari/ Pitt, re- 
lating to the unanimity and despatch manifested 
by the New Jersey Assembly in carrying out the 
King's commands. 

[Fi'om P. R. O., America and West Indies, Vol. 73.] 

Perth Amboy Mar 20, 1759 
The R' Honble William Pitt Esq-" 

I have had the honour to receive your Letters of the 
9"> of Dec^ & the 29"' of Dec^ Upon the receipt of the 
former, I called the General Assembly of the Province 
with all possible expedition & laid before them his 
Majestys commands, as signified to me by your letter 
of the 9"' of Dec'. The Assembly having taken the 
same into their consideration proceeded , with uncom- 
mon unanimity & dispatch, to raise their quota 
for the ensuing campaign: and accordingly I had 
passed an Act for raising 1(»00 men the day before I 
received your letter of the 29"' of Dec?" I never the less 
laid the latter Letter before both houses, by whom It 
was most thankfully received 



1759] ADMIN^ISTRATION OF C40VERN0R BEENAED, 167 

As It is the Ambition of the People of this Province 
to be distinguished by their loyalty to his Majesty & 
Zeal for his Service, I must beg leave to submit to 
your honour, that the grant of 1000 Men is the great- 
est Effort that this Province is able to make on the 
present occasion. For supposing the People to amount 
to between To & 80,000. The fencible Men would, in 
time of peace, be above 15000: But at present they 
cannot be near so many. This Country has had great 
drains from it: It has twice lost an entire Corps of 
500 Men, who being carried prisoners to Canada & to 
France Very few have returned home again. It has 
been much drained by privateers & now has consider- 
able draughts of battoe men made from it. So that I 
fear, It will be with difficulty that We shall compleat 
our regiment of 1000 men. 

I must also add, that these Men are sent into the 
field in a different manner from those of most other 
provinces: they are completely cloathed in an hand- 
some uniform & furnished with all necessaries; and 
they are muster'd to a Man: in both which articles 
several of the other provinces are greatly deficient. 
That I may say, that the New Jersey regiment is equal 
both in expence & service to 1500 of most of the other 
provincials. 

And indeed, the great sums that have been raised 
for the extraordinary purposes of the War, sufficiently 
show that this province has contributed its full share 
to the common cause. For since the death of Gov'' 
Belcher in August 1757, there have been raised 
140,000 pounds proclamation money, besides the ordin- 
ary charges of the support of the government: so that, 
supposing the money now voted, which is 50,000 
pounds, will carry us thro' the next campaign, (which 
I doubt) we expend for the yearly service of the War 
10,000 pounds. Whereas the Province of Pennsylvania, 
which is above 5 times as populous as ours, raises but 



168 ADMINISTKATIUN OF UOVERNOE BERNARD. [1759 

100,000 pounds, for the same purpose. But We have 
had several considerable expences occasioned by the 
War, besides the charge of the regiment, such as pro- 
viding quarters for the regulars, building barracks for 
1500 men, buying 20(»0 stand of arms, to be ready in 
case of any sudden emergency, &c. Upon the whole, 
notwithstanding the great increase of the taxes, the 
Provincial Debt now exceeds 200,000; a large sum for 
so small a community, that has little or no foreign 
ti'ade. 

I have thought it my duty to lay before you this 
state of the province, & to transmit to you a Copy of 
the Assemblys address, together with my speech as 
introductory to it; that this people may be placed in 
so favourable a light, as to seem to deserve a compen- 
sation from the Parliament, which you have been 
pleased to give them fresh assurances of. 
I am, with great respect, S' Your most 

obedient and most humble Servant 

Fra. Bernard 



Letter from Governor Betmard to the Lords of Trade 
informing them that the Assembly had passed a 
Bill for raising 1,000 men and a Bill for their 
support. 

[From P. R. O. B. T. New Jersey, Vol. 8, I. 82.] 

Perth Amboy Mar 21. 1T59 

The R* Hon'ble Lords Corn's of Trade &c 

My Lords 

Having received his Majesty's orders by M' Secretary 
Pitt to provide for the next campaign, I called the 
Assembly together with all possible expedition & laid 



1759] ADMINISTRATION^ OF GOVERNOR BERNARD. 169 

before them M' Pitts Letter: And they immediately 
proceeded to bring in a bill for raising 1000 men & 
passed it with a unanimity and dispatch scarce ever 
known before. The Quakers, instead of Voting against 
it, desired to be excused voting at all, except one, who 
Voted for it: This reduced the dissentients, who last 
year were 8, to 3 only: & even these gave no obstruc- 
tion to the bill, but only, at the last reading, entered 
their negative to humour their constituents. The 
House also brought in the support bill & passed it 
unanimously in the same form as last years. For the 
supply for the troops there have been granted 50,000 
pounds to be sunk in the years 1764, 5 6 & 7. If I had 
had the direction of this myself, I could not have saved 
more than the last of these years: And as I was 
pressed by Gen' Amherst to use the utmost dispatch, 
I did not care to run the risk of interrupting the good 
humour, that the house was in, for the sake of a single 
year. Upon the whole I may say that the public 
business was never transacted with more harmony and 
good understanding than It has been in this Sessions. 
The Acts of Council, Votes & Acts of Assembly I shall 
transmit to your Lordships, as soon as they can be got 
ready. I have nothing to add but that now We are 
three weeks earlier in the campaign business than they 
were last year. 

I am My Lords Your Lordslii]3s most 

obedient & most humble Servant 

FiiA. Bernard 



170 ADMIlSriSTRATION OF GOVERNOR BERNARD. fl759 



Letter from Governor Bernard to the Lords of Trade, 
containing his observations upon the Money Bills 
passed for extraordinary purposes. 

[From P. R. O. B. T., New Jersey, Vol. 8, 1. 83.] 

Perth Amboy Mar 30. 1759 

The R* Honble Lords Comrs for Trade & Plant- 
ations. 

My Lords 

I this day being informed that there was a packet 
order'd to sail from New York to England [have] this 
day sent away a packet for your Lordshij)S office, by 
express, containing among other things a Letter to 
your Lordships of the date of the 21'' inst, wherein I 
informed your Lordships of what had been done by 
the Assembly, pursuant to his Majestys orders signified 
to me, by M'^ Secretary Pitt. In less than an hour 
after My Messenger was gone, I was honoured with 
Your Lordships Letter of the 8"' of Febry, & as it is 
probable that the packet boat may be delayed till I can 
get this into it, I will trouble your Lordships with a 
few more lines. 

The objections made to the late Money biUs of this 
province, for extraordinary purposes, have allways 
appeared to me in the same light as they have to your 
Lordships ; I could not but think them as invasions of 
the prerogative, & dangerous in their consequences. 
But yet, considering the jDresent necessities of his 
Majesties Service, I could not think this a proper time 
to endeavour to rectify these abuses. The form of the 
late Acts & that I have now passed for raising the 
forces of this province has been used all this War. On 
the present emergency, I was presst by Gen' Amherst 
to use the utmost dispatch in raising our Eegiment ; I 
know myself that upon many accounts, It would be 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 171 

raised with much more difficulty than it was last year; 
I therefore resolved to lose not a day (& I have not 
lost one) in this necessary business. With these Sen- 
timents when I met the Assembly, I found them more 
unanimous & ready, than I could have expected, to 
contribute their utmost share to the common cause. 
And for the more expedition, they brought in the bill 
by a printed bill of the last years, to prevent all cause 
of altercation, & passed it without a word of debate. 
Under these circumstances, I apprehend that I should 
have shown more duty than discretion to have exam- 
ined this bill too nicely, I therefore thought myself 
obliged, on account of the requisitions of his Majestys 
service to pass this bill as 'twas offered, & did not 
think it would be of Any service to give it any public 
brand. But I took an opportunity to tell allmost all 
the Members in private, that when the times were 
more settled, I should not think myself at liberty to 
pass a bill of this kind. 

I do assure your Lordships that what you have been 
pleased to direct to me concerning these bills, is per- 
fectly consonant with what were my thoughts thereon 
& what I esteemed my Duty therein: And I had in- 
tended, when I should transmit these bills to your 
Lordships, to have represented the same. But, My 
Lords, in time of war & for the service (as we hope) of 
the last campaign, I thought the augmenting his 
Majestys forces my first duty &, if in so doing I only 
followed the steps of my predecessor, I trusted that I 
should be justified in it. And I can promise your 
Lordships that I shall take the first opportunity of en- 
forcing the regulation that your Lordships direct, & 
doubt not but at a proper time I shall have credit 
enough with the Assembly to procure a dutiful sub- 
mission to it. 

I am My Lords Your Lordships most 

obedient & most humble Servant 

Fra. Bernard 



172 ADMIlSriSTRATION OF GOVERNOR BERNARD. [1759 



Letter from Colonel John Parker to Lewis Johnson, 
referring to the co-operation of the Lidians in the 
campaign with which he ivas connected. 

[From Skinner and Parker Papers among the manuscripts of W. A. 
Whitehead, Vol. 1, No. 41.] 

ScHOHARY the 28V' April 1759 
Dear Lewis 

The place where I am seems to have so Httle communi- 
cation with the rest of the w^orld that I can hardly say 
I am in it, however it will not be long before we shall 
appear on the Stage again as I hear the Campaign will 
open much sooner than it was imagined. 

The Indians are very hearty on our side, the Six 
nations have took up the protest against the French 
and several nations, formerly their Alhes have refus'd 
to assist them this Campaign; there are now a good 
many of the Cocknowagoes at Sir W" Johnsons, and 
its thought they'll come over to us. The French 
.themselves give up their Country as lost, this is Indian 
news I have it from one of the heads of the nation 
here and I believe its true as I have seen a letter from 
Sir W." which mentions most of it. The six Nations 
have given him Ningara for a trading house & will 
assist in taking it— I am just going to dinner, deliver 
the inclosed 

John Parker. 



1759] ADMINISTIIATION OF GOVERNOR BERNARD. 173 



Representation from the Lords of Trade to the King, 
proposing Nathaniel Jones to be CJtief Justice of 
Netv Jersey in the room of William Aynesley, 
deceased. 

[From P. R. O. B. T. New Jersey, Vol. 10, p. 279.] 

To the King's most Excellent Majesty. 

May it i^lease your Majesty, 

William Aynesley Esqf Chief Justice of Your Maj- 
esty's iDrovince of New Jersey, being deceas'd, And 
Nathaniel Jones Esqf having been recommended to us 
as a Person well qualified to serve Your Majesty in 
that Station, We beg leave humbly to propose to Your 
Majesty that he may be appointed Chief Justice of the 
said province in the room of the said William Aynes- 
ley Esq!' deceas'd. 

Which is most humbly submitted. 

Dunk Halifax. 

James Oswald. 

SOAME JeNYNS. 

W. G. Hamilton. 

Wliitehall May t>2'.' 1759 W Sloper. 



1 Nathaniel Jones was appointed May 24th, and the appointment approved on 
3Iay31st. -Ed. 



174 ADMINISTRATION OF GOVERNOR BERNARD. [1759 



Letter from Governor Bernard to the Lords of Trade, 
inforyning them that the Neiv Jersey Begiment had 
arrived at Albany, and that he had laid out a 
Town for the Indians in Burlington County, 
greatly to their satisfaction. 

[From P. R. O. B. T. New Jersey, Vol. VHI, I. 85.] 

Perth Amboy June J 5. 175J> 

To the Right Honble the Lords Com'mrs for 
Trade & Plantations 

My Lords 

I have the honoiu^ to inform your Lordships that by 
the 20"' of last month I got the New Jersey Regiment 
compleated & fully cloathed & accoutred, & had them 
all embarked by the 22'! I have since received advise 
that they all arrived at Albany on the 27"\ where they 
were immediately reviewed by the General & much 
approved of, being universally allowed to be the best 
Provincial Regiment in America. They are command- 
ed by Col Schuyler who has under him a A'ery good 
set of officers, all of which (above the Ensigns) have 
served before & some for 2 or 3 campaigns. I am told 
that this Province is the first that has compleated its 
Number; nevertheless I am later than I intended, hav- 
ing found the raising the Regiment more difficult than 
I expected. When We had raised about 700, the en- 
listments were at a stand; upon which I ordered the 
Militia to be mustered throughout the province, which 
raised a spirit that soon compleated the Regiment, 

As soon as I had finished this business, I went to 
Burlington C'Ounty to lay out the Indian Town there, 
I have before informed your Lordships that by agree- 
ment with the Indians south of Raritan They released 



1759] ADMINISTEATIOX OF GOVEENOR BEIHSTARD. 175 

all their claims in the province, in consideration of a 
tract of 3000 Acres to be purchased for their use. This 
purchase was made & the Indians are removed to the 
place: It is a tract of Land Very suitable for this pur- 
pose, having soil good enough, a large hunting country 
and a passage by water to the Sea for fishing. It is 
out of the way of communication with the Wild In- 
dians; & has a saw mill upon it which serves to pro- 
vide them with timber for their own use & to raise a 
little money for other purposes. To this place I went 
with 3 of the Commissioners for Indian affairs, where 
we laid out the plan of a town, to which I gave the 
Name of Brotherton' & saw an house erected being 
one of ten that were ready prepared; & afterwards 
ordered lots of land to be laid for the Indians to clear 
& till, the land allready cleared being to remain in 
common till they have acquired themselves separate 
property, by their own industry. We also made an 
appointment of an house & lands for a Minister, I 
having engaged M' Brainerd a Scotch presbyterian for 
that purpose, for which he is most peculiarly suited. 
The next day I had a conference with tlie chiefs, at 
which they expressed great satisfaction at what had 
been done for them, & I assured them that the same 
care of them should be continued & exhorted them to 
order, sobriety & industry. The whole Number of 
them at present does not amount to 200, & when We 
have gathered together all in the province they will 
not be 300. If I can but keep them from being sup- 
plyed with rum, for which there are laws strict 
enough, I shall hope to make them orderly & useful 
Subjects. 
The Indians in the Northern parts of the province 



1 "Brotherton" was in the township of Evesham in Burlington county, but the 
name lias disappeared from the map of the State, although its associations should 
have led to its retention. See Smith's New Jersey, p. 483; Nevill's Laws, Vol. II, p. 
313; Allinson's Laws, p. 331.— Ed. 



176 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

have entirely quitted it & are gone to the Sesquehan- 
nah, where they Kve in peace w^ith the Enghsh. There 
has not been the least disorder committed near our 
frontier since the Treaty of Easton: I have disbanded 
the frontier guard, & the Country is in great tranquil- 
lity. I have lately constituted a township there by the 
Name of Mountagu, between the Parqualin Mount- 
ains & the Delaware, & from the Lower Minissink 
Island to Cushy tunk point; a Country, that a year 
ago no one would Venture to hve in. 

The prospect of the public affairs of this Country 
was never so fair as it is at present : I hope that before 
the end of this Summer I shall be able to congratulate 
your Lordships upon the finishing stroke being given 
to our Enemies. 

I am, My Lords, Your Lordships 

most obedient & most humble Servant 

Era. Bernard 



Letter from Governor Bernard to the Lords of Trade 
concerning the 2>retentious of Robert Hunter Mor- 
ris to the office of Chief Justice of that Province. 

[From P. R. O., B. T., New Jersey, Vol. 8, 1. 87.] 

Perth Amboy Aug 28. 1759 

To the R* Honble the Com'rs 
My Lords 

Some few days ago M' Morris arrived in this province 
& Soon after signified to me that he proj^osed to re- 
sume his office of Chief Justice by virtue of his former 
patent, wiiich, he said, was not surrendered or any 
otherwise determined. I told him that I should be 
very glad to see him on the bench, as I thought no one 
would fill that place better: but that I was not at 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 1?7 

liberty to permit him to enter upon the office by virtue 
of his former patent; for that when I enter'd upon the 
government I found another person in possession of the 
office & universally acknowledged as such, and he 
being dead the office was become vacant; that by the 
appointment of M' Aynsley M' Morris's patent was 
actually determined; & whether it was legally or not 
I could not take upon me to judge, as it was the act of 
the King & not mine or my predecessors. I represented 
to him the confusion that would be the consequence 
of his assuming this office against my protestation, 
and he expressed his earnest desire to do nothmg that 
should imbarras the government. Upon which we 
came to the following agreement; that he should sus- 
pend his purpose till I could write to your Lordships, 
& receive your commands: and that I would not, in the 
mean time, appoint another Person, unless I received 
the Kings command therefore. 

Whilst I was writing to your Lordships on this sub- 
ject, I received advice that M' Jones was appointed 
Chief Justice of this province. This puts an end to 
the stipulation's between me &, M"" Morris, but makes 
it more necessary for me to inform your Lordships of 
what passed between us, & to desire your Lordships 
directions, in what manner I shall act, if M' Morris 
should set up his own right & oppose that of M'" Jones. 
I have not seen M'' Morris since this advise arrived & 
therefore cannot say what he will do: but I imagine 
he will contest M' Jones's appointment. 

I beg leave to congratulate your Lordships on the 
extraordinary success of his Majesty's arms in this 
Country. There is not a frencliman on this side the 
lakes to be seen, except i)risoiiers, of which there are 
near lOOU in New York Connecticut & Nevv^ Jersey: 
out of 30 officers, by which the detachment, that at- 
tempted to relieve Niagara, was commanded, 27 are 
Killed or taken prisoners; they that escaped from that 
12 



178 ADMINISTRATION OF GOVEKNOR BERNARD. [1759 

rout, & the Garrisons of Venango Presqu' Isle &c hav- 
ing destroyed their forts, are returned to Detroit. 
This is the consequence of the Treaty at Easton (by 
which the Senecas were brought over to the EngHsh 
Intrest) improved and matured by General Amherst 
and S"" WiUiam Johnson. 

I am. My Lords, your Lordships most 

Obedient & most humble servant 

Fra Bernard 



Order of the Council of New York for the Arrest of 
Sussex County Men for Alleged Trespass — North- 
ern Boundary Dispute. 

[From New York Colonial MSS., Vol LXXXVn, fol. 137.] 

Province of New York ss. At a Council held 
at Fort George in the City of New York on 
Thursday the Eleventh day of October 1759. 

Present 
The Hon'^^^ James De Lancey Esq'"® Lieu^ Gov- 
ernor and Commander in Chief of the said 
Province & C* 

Mr. Kennedy Mr Smith. 

Mr, Horsemander Mr. Watts 

Mr. Chambers Mr. Walton 

Whereas it appeai^s by the Petition of Wilham Cutte- 
back and Philip Swai'twout,' in behalf of themselves 



' Tbis petition precedes this document. The statements are repeated in the 
petition, dated February, 1761. Seejpos^. 



1759] ADMINISTEATION" OF GOVERNOR BERNARD. 179 

and Anthony Westbrook and Peter Gomar, owners 
and Possessors of Lands at Machacomack, lying partly 
within the County of Ulster and partly in the County 
of Orange; and by the affidavits of John Morin Scott 
and the said William Cutteback and Philip Swartwout 
now read at this Board; That in the year 1755 four 
Ejectments were commenced in the Supreme Court of 
the Province of New Jersey in the Name of James 
Strong, on the Demise of Cornelius Westfall, against 
John Turnout, for the Eecovery of Land in the posses- 
sion of or belonging to Jacobus Swartwout, Father of 
the Petitioner Philip Swartwout, and to the said Peti- 
tioner William Cutteback, Anthony Westbrook and 
Peter Gomar, which Lands all lye at Machacamack 
aforesaid, with the ancient and long exercised jurisdic- 
tion of this his Majesty's Province of New York, and 
have been held by the said Tenants and owners and 
those under whom they claim, by grant of this Gov- 
ernment ever since the Settlement of that part of the 
Country near, if not upwards of Sixty years, and lie 
within this Province at the Distance of at least Fifteen 
Miles Northeastward of Minissink Island. 

That the said Tenants and owners of the said Land 
being convinced that the same do lye within this his 
Majesty's Province of New York, did by John M'^Evers 
and John Morin Scott Esq"^^ their Council, in due 
form of Law put in Pleas to the Jurisdiction of the 
said Court, with Affidavits to support the same. 

That since the fyling of the said Pleas, near four 
years have elapsed, and no Proceedings whatever were 
had in the said Causes, till on the 7*?' day of September 
last, at which time (the said Jacobus Swartwout being- 
Dead and the Petitioner Phillip Swartwout in poses- 
sion of the Lands held by his Father in his life time) 
one Peti'us Smoke who called himself Sheriff of Sussex 
County in the Province of New Jersey, with Eleven 



180 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

other persons pretending to be Inhabitants of New 
Jersey, but in fact being all or most of them Posessors 
of Lands within the ancient and long exercised Juris- 
diction of tliis Province, whose names are Abraham 
Vanaken, Abraham Westbrook, Solomon Cuykendall, 
Cornelius Cole, Bryan Hammel, James Clark, Jurian 
Westfall, Jacobus Vanaken, Simon Westfall, Mat- 
thew Terwilliger and Jacob Westfall, came to the House 
of the Petitioner, Philip Swartwout, forcibly ousted 
the said Philip Swartwout out of his possession by 
turning him and his Family and all his Cattle and 
Household Furniture, and everything else belonging to 
him out of the House and Lands so possessed by him: 
although neither he nor his said Father had ever had 
any oj)portunity of being heard by Council in support 
of the said Plea. 

That the possession of the said Philip Swartwout is 
the Southernmost possession within this Province, 
that has been held against the Encroachments of New 
Jersey; and during all the present War, ]3art of tl).e 
Troops in the service of this Province for the defence 
of the Western Frontiers have been posted at his 
House, as being within this his Majesty's Province of 
New York. 

That the said Philip Swartwout having fitted and 
prepared his Land for Seed before the Ouster above- 
mentioned, was reduced to the Necessity, rather than 
loose all the Fruit of his Labor for the present year, 
of sheltering himself and his Family in a small Kitchen 
on the said Lands, where he lives at the Mercy of 
those, who have ejected him, and has sowed a small 
part of his Lands at shares with them. 

That the Persons who ]-epresent the Right of the 
said CorneUus Westfall the Lessor of the Plaintif (who 
died near three years ago) have threatened to take the 



1759] ADMINISTRATIOlSr OF GOVERNOR BERNARD. 181 

like steps in the other three Causes immediately after 
the next Term in New Jersey. 

And therefore the Petitioners humbly pray in behalf 
of themselves, and those whom they represent, the 
Protection of this Government and such Relief in the 
Premises as shall be thought meet. 

It is therefore Ordered by his Honour the Lieuten- 
ant Governor, by and with the Advice and Consent of 
the Council, that the High Sherif of the County of 
Orange, Do and he is hereby Commanded, forthwith 
to apprehend the said Petrus Smoke, Abraham Van- 
aken, Abraham Westbrook, Solomon Cuykendall, 
Cornelius Cole, Bryan Hammel, James Clark, Jurian 
Westfall, Jacobus Vanaken, Simon Westfall, Matthew 
Terwilliger and Jacob Westfall, if found on the Lands 
lately possessed by the said Philip Swartwout, from 
the possession whereof he has been ousted as afore- 
said, or each and every of them, who shall be found 
on the said Lands; and also to apprehend any other 
Person or Persons, who now withhold the possession 
of the said Lands from the said Philip Swartwout and 
shall be found thereupon ; and to put the said Philip 
Swartwout into the Possession of the House and 
Lands, from whence he hath been ousted as aforesaid: 
and the said Sherif is hereby further Commanded to 
keep each and every of the Person or Persons so appre- 
hended as aforesaid, in safe Custody and to bring each 
and every of their Bodies to the City of New York, 
and there to dehver them to the High Sherif of the 
City and County of New York, who is hereby Com- 
manded to receive the Body or Bodies of every such 
Person or Persons so apprehended and brought to him 
as aforesaid and to keep each and every of them in 
safe Custody, in order to be examined before this 
Board touching the Premises aforesaid, or until deliv- 
ered by due Course of Law, And the said Sherif is 



183 ACMINISTRATION of GOVERJSrdR BERNARD. [1759 

hereby Commanded if needful and necessary to raise 
the Posse Comitatus or Power of his County to assist 
in the Execution of this Order. 

Geo Banyar D CI Con. 
Novemb" j' 9^" 1759 

I Have Executed the Above Order of Council and 
put Phihp Swartwout Into possession of the House 
and Lands from which he was Ousted. 

Dan'-'- Everett Sheriff. 



Letter from the Sheriff of Orange County, returning 
the Above Order. 

[From New York Colonial MSS., fol. 141.] 

Goshen Novemb' y'^ 11'" 1759 

Yours of the 11*'' of October I have Eeceived With 
the Inclosed Order of CounciU Which I Have Executed 
on the Ninth Instant By putting Phillip Swartwout 
into possession of the House and Lands From Which 
he was Ousted; I met with no Opi^osition nor Found 
no person on the premises, But a Woman and Five 
Children, Whome I Ousted, You Will Be Good Enough 
to Acquaint His honour the Governor with what I 
Have Done in the Affair and You Will Obhge your 
Most Obe'"^ humble Servant 

Dan"-"- Everett. 

(Addressed:) 

To Geo. Banyar Esq™ Deputy Secret^' of the Province 
of New York. 
Read in Council the 20 Nov. 1759. 



1759] ADMIiflSTEATION OF GOVERNOK BEEN^AEJ). 183 



Circular letter to all his Majesty's Governors, inclos- 
ing a printed copy of a Proclamation for a Gen- 
eral Thanksgiving. 

IFrom P. R. O. B. T. Plantations General, No. 40, Ent. Book L., p. 171.] 

To Fra' Bernard Esq"" Governor of New Jersey. 

Sir. 

It having pleased Almighty God to give signal Success 
to His Majesty's Arms, both by Sea and Land, particu- 
larly by the Defeat of the French Army in Canada, and 
the taking of Quebec; and His Majesty having thought 
fit, in Acknowedgement of so great Blessings, to ap- 
point a day of Publick Thanksgiving for the same 
throughout Great Britain; We herewith inclose to 
you His Majesty's Royal Proclamation for that pur- 
pose; and it being His Majesty's Pleasure, that the 
like Publick Thanksgiving should be solemnized in all 
His Majesty's Colonies in America, which are so par- 
ticularly interested in these happy Events; We do 
hereby signify to you His Majesty's Commands, that 
you do, as soon as possible after the Receipt hereof, 
appoint a proper day for that purpose, to be observed 
throughout the Province under your Govern? with such 
Solemnities as are suitable to so great an Occasion. 

We are. Sir, 
Your most obedient most humble Servants; 

Dunk Halifax 
James Oswald. 
SoAME Jenyns. 
Nov 13"' 1759. W. G. Hamilton. 

A like Letter was wrote to all His Majesty's Gov';^ 
in America. 



184 ADMINISTKATION OF GOVERNOK BERNARD. [1759 



Officers of the New Jersey Regiment in the French 
War, 1758, 1759. 

[From Book C 3 of Commissions, in the Secretary of State's Office, at Trenton.] 

A List of Officers in the New Jersey Eegiment aug- 
mented to 1000 men.' The Commissions were given 
in the common form by the Hon^'" John Reading Esq' 
President &c dated in March & April 1758 

John Johnston, CoUonel. 

Thomas Shaw, Lt. Col. 

Samuel Hunt, Major. 

Joseph Ellis 

John Riley 

John Salmon 

WiUiam Winds ^ Captains 

John Tenbrook 

William Douglass 

Samuel Harker 

Joseph Leonard 



1 Tiie two rosters given herewith are entered togetlier, and apparently in 1759. 
In 17.58, ''New Jersey, instead of raising reluctantly 500 men, doubled that number." 
— Gordon's Hist, of N. J., 131. The Act of April 4, 1758, provided that a sufficient 
number of men, whites or well affected Indians, "should be raised as with that part 
of the Regiment which then i-emained, would complete one thousand effective 
men."— ^^msoji's Laivs, 216. The New Jersey Regiment had been sent out at the 
beginning of the French War, in 1755, under command of Colonel Peter Schuyler 
{Allinson's Laws, 204; Gordon's N. J., 119; N. J. Archives, VIII., Part 2. 104), and 
on his capture at Fort Oswego, with a part of his Regiment, August 14, 1756 (N. Y. 
Col. Docs., X., 444; Wynne's British Empire, U., 05), such of the Regiment as re- 
mained at large fell to the command of Captain John Parker. — iV. Y. Col. Docs., X., 
591. Colonel Parker and the remainder of his troops (301 officers and men) having 
been made prisoners at Fort William Henry on August 9, 1757, they were paroled 
on condition that they should not serve for eighteen months against the French, 
and consequently they came home. — Wynne, II., 71-3; Whitehead''s Perth Amboy, 
132; N. Y. Col. Docs., X., 617, 624. Col, Schuyler and Col. Parker were thus both 
disqualified from taking command of the Regiment as " augmented " in the spring 
of 1758, and hence it was, doubtless, that John Jolmston was conmiissioned Colonel 
of the New Jersey troops sent to Canada in 1758. The organization was known as 
" Col. Johnston's Jersey Regiment " at the disastrous attack made by the British 
and American soldiers on the French at Ticonderoga, July 8, 1758.— A^.F. Col. Docs., 
X., 732. Col. Johniston was a son of John Johnston, of Monmouth County [born 



1759] 



ADMINISTRATION OF GOVERNOR BERNARD. 



185 



Joseph Barton 
James Anderson 
Abraham Bonnel 
John Van dike 
Nathaniel Hubbell 

Jun^ 
Wihiam Pew, Jun^ [ Lieutenants. 
Jonas Bedford 
Zepheniah Luse 
Ephraim Miller 
Alexan'r Anderson 
George Coryell 
Silas Newcomb 
Ehas Dayton 
Josiah Banks 
Thomas Johnson 
Eeuben Hall 
Thomas Griffin 
William Maxwell 

Note they are not placed in the above List according 
to Seniority and are all that came to my knowledge. 



r 



Ensigns. 



1691, died 1732], who was a son of the uoted Dr. John Johnstone, of Perth Amboy. 
Col. Johnston's commission bears date March 10, 1758. He was second in rank on 
the Oneida Station the next year, and is said to have been iiilled by a cannon ball 
at Fort Niagai-a in the course of the war. — 'iVhiteheacVs Perth Amboy, 71-2. 

Some notices of other officers of this regiment may not be amiss. Thomas Shaw 
was a captain mader Col. John Parlier in the unfortunate ambuscade made at Sab- 
bath Day Point, July 26, 1757, and was killed at Ticonderoga, July 8, 1758.— Pe^wi. 
Archives, m., 203; N. Y. Col. Docs., X., 732. Samuel Hunt was a captain at Sab- 
bath Day Point, and was reported among the killed (Penn. Archives, HI., 203), but 
in the following spring he is commissioned Major, as above, and subsequently be- 
came Liieutenant-Colonel, under Col. Peter Schuyler. (See next roster.) He was 
Colonel of the Regiment in 1761 and 1762. (N. J. Analytical Inde.r, 360, 366.) Lieuten- 
ant Solomons, doubtless the John Salmon mentioned above, was reported killed at 
Sabbath Day Point; also Lieut. McDaniel, probably the William McDonald who 
figures above as Captain in the ensuing spring. — lb. Was this the Captain McDon- 
ald who so gallantly led the attack on Fort DuQuesne (Pittsburgh) iu September, 
1758?— i\r. F. Col. Docs., X., 902. WiUiam Winds was born at Southold, L. I., in 1737 
or 1728, and removed at an early age to Morris County, N. J., where he was a prom- 
inent character until his death, in 1789. He was commissioned Lieutenant-Colonel 
in the New Jersey Continental troops, in 1775, and two years later was made Briga- 
dier-General. A full sketch of this remarkable man, by the Rev. Dr. J. F. Tuttle, 
will be foimd in Proceedings N. J. Hist. Soc, May, 1853; also in Dr. Tuttle's "Annals 



186 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

List of Officers in the New Jersey Eeginient. 

Peter Schuyler, Col. & Capt.^ 

Samuel Hunt, Lieut. Col. & Capt. 

William Douglass, Major & Capt. 

John Riley 

Zeph'' Luse 

John Tenbrook 

Alex. Anderson } Capts. 

W" McDonald 

Fran. Bernard 

Silas Newcomb 

Amos Ogden, C. L'. 

Peter Schuyler, C. L' 



of Morris County," 18, and in " Centennial Collections of Morris County," 73. See 
also Gen. W. S. Stryker's Roster of Jerseymen in the Revolutionary War, 15, 65, 
350. William Douglas held the rank of Captain in the Sabbatli Day Point fiasco, 
and was wounded at Ticonderoga.— Penn. Archives, III., 203; N. Y. Col. Docs., X., 
732. Silas Newcombe was a resident of Cumberland County, and was a member of 
the Revolutionary Committee of that County, in March, 1775, but nevertheless had 
the temerity to drink "East India tea in his family," "in oi^en violation of the Third 
Ai-ticle of the said Association," and to declare that he would continue to do so, 
whereupon it was decided " to break oif all dealings with him." A week later he 
confessed, in writing, his error and asked pardon for his great offence. He was 
commissioned Colonel in 1776, and in 1777 rose to the rank of Brigadier-General of 
MiUtia. — Minutes Council of Safety, 1775-6, 93, 95, 551; Sfryker, ut supra, 64, 335, 
350. Elias Dayton was one of Elizabethtown's most prominent citizens, and was a 
Brigadier-General in the Revolution. — lb., 63, etc.; Hatfleld''s Elizabethtoum, pas- 
sim. William Maxwell, the last in the above list jt Col. Johnston's Regiment, was 
a member of the Sussex County Revolutionary Committee in 1774, was a member 
of the Provincial Congress, in 1776, from the same county, and entering the military 
service, "commanded the 'Jersey Line' during his entire term of service as a gen- 
eral officer [1776-80], and took an active part in every battle in which his brigade 
distinguished itself."— J//?tM<es Council of Safety, 1775-6, 19, 169, et seq.; Stryker, 
04. This French War served as an admirable school for training Americans to fight 
for their independence twenty years later.— [W. N.] 

I In 1759 (March 15), the New Jersey Legislature enacted a law providing for the 
emission of £50,000 Bills of Credit, to raise and equip 1,000 men, to join in the grand 
final campaign to conquer the French forces in America. — Allinson's Laws, 224. 
Col. Peter Schuyler having been exchanged, November 1, 1758 (N. Y. Col. Docs., X. 
883-4), was again called to command the New Jersey contingent at the front. This 
officer stands out conspicuously as one of the most gallant, distinguished and 
picturesque in the military annals of New Jersey. Probably the fullest account of 
his career may be found in Wiufleld's Hudson County, 536; see also Smith's New 
Jersey, 493; N. J. Hist. Soc. Proceedings, I., 53, 58, 178, 179; N. Y. Col. Docs., X., 776. 
No time was lost in officering the regiment. The commission to Elias Dayton "to 
be Lieutenant of a company of New Jersey troops, in Col. Peter Schuyler's Regi- 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 



187 



W" Pew Junr 
Josiah Banks 
W" Maxwell 
W° Falkner 
Walter Vantuyl 
Elias Dayton 
George Coryel 
Tho'' Long-field 
Tho^ Griffen 
Phinehas Crane 
Mich' Henderson 
Daniel Coe 
Gilman Freeman 
W" Cox 
Jonathan Stout 
Enoch Hunt 
John Albertis 
Jacob Bonnel 
W" Shute 



y Lts. 



[ Ens. 



ment," was signed by Governor Bernard March 19, 1758, just four days after the 
passage of the law authorizing the raising of the regiment.— iVr. J. Analytical In- 
dex, 351. Among those reported killed at Sabbath Day Point, July 26, 1757, was 
GrifRs (Penn. Archives, III., 20o), possibly referring to him who was after- 
wards Ensign Thomas Grifflu, in Col. Johnston's Regiment, and Lieutenant in Col. 
Schuyler's Regiment in 1759. William Shute served as Captain and Paymaster in 
the New Jersey troops from 1775 to the close of the Revolutionary War.— ^Stryker, 
72, 3.55. Tnere was an Ensign Ogden among the Jerseynien surrendered at Oswego. 
—N. Y. Doc. Hist., II., 3-36.-[W. N.] 



188 ADMINISTRATION OF GOVERNOR BERNARD. [1759 



Letter from the Lords of Trade to Governor Bernard, 
acquainting him that the King had been gracious- 
ly pleased to approve of his being appointed Gov- 
ernor of Massachusetts Bay. 

[From P. R. O. B. T. New Jersey, Vol 16, p. 281.] 

To Francis Bernard Esqf Governor of 

New Jersey. 

Sir, 

His Majesty having been graciously pleased to ap- 
prove of your being appointed Governor of the Massa- 
chusets Bay, in the room of Mr Pownall preferred to 
the Government of South Carolina, We take this 
Opportunity of congratulating you upon this Mark of 
His Majesty's Favour; and of acquainting you, that 
His Majesty has also been pleased to approve of Thomas 
Boone Esq'' to succeed you in the Government of New 
Jersey, M!" Boone is now resident in South Carolina, 
but will have Orders forthwith to repair to New Jersey; 
and therefore his Patent and Instructions together 
with your own for the Government of the Massachu- 
sets Bay will be transmitted to you as soon as they are 
passed. 

We are, Sir, 
Your most obedient, humble Servants. 

Dunk Halifax. 

SOAME JeNYNS. 

W. G. Bamilton. 
W. Sloper. 
James Oswald. 
Whitehall Nov^ 14. 1759 



1759] ADMHSriSTKATION OF GOVERNOR BERNARD. 189 



Order of His Majesty in Council, approving a Repre- 
sentation of the Lords of Trade, proposing Thomas 
Boone to be Governor of New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 86.] 

*---* At the Court at Sf James's the 27: 

K"^' i DAY OF NOVEMBER 1759 

Present 

The King's most Excellent Majesty in Council 

Upon reading this day at the Board, a Eepresenta- 
tiou from the Lords Commissioners for Trade and 
Plantations, dated the 1-t: of this Instant, proposing that 
Thomas Boone Esq!", may be appointed Captain Gen- 
eral and Governor in Chief of the Province of New 
Jersey in the room of Francis Bernard Esqf His Maj- 
esty in Council approving thereof, is pleased to Order, 
as it is hereby- Ordered, that the said Thomas Boone 
Esqf be constituted and appointed Captain General 
and Governor in Chief of His Majesty s said Province 
of New Jersey in the room of the said Francis Bernard 
Esq!'. And that the said Lords Commissioners for 
Trade and Plantations do prepare a Draught of a Com- 
mission and Warrant for Passing the same under the 
Great Seal, and also Draughts of Instructions for the 
said Thomas Boone, and lay the same before His Maj- 
esty at this Board for His Koyal approbation. 

W. Sharpe 



190 ADMINISTKATION OF GOVERNOR BERNARD. 11759 



Representation from the Lords of Trade to the King, 
tvith a draft of a Commission for Thomas Buone 
to be Governor of New Jersey. 

[From S. P. O. B. T., New Jersey, Vol. 16, p. 284.]' 

To the King's most Excellent Majesty. 

May it please Your Majesty, 

In obedience to Tour Majesty's Order in Council, 
dated this Day, AVe have prepared the Draught of a 
Commission for Thomas Boone Esq^ to be Captain 
General and Governor in Chief of your Majesty's 
Province of New Jersey, and also a Warrant for pass- 
ing the same under the Great Seal : Which being in 
the usual Form, we humbly beg leave herewith to lay 
them before your Majesty, and shall prepare the nec- 
essary Instructions for the said Governor, with all 
possible Dispatch. 

Which is most humbly submitted. 

Dunk Halifax. 
James Oswald. 

SOAME JeNYNS. 

Whitehall Novi 27*"^ 1759 W. G. Hamilton. 



Draught of a Commission for Thomas Boone 

Esqf 

Our Will and Pleasure is, that you do prepare a Bill 
for our Eoyal Signature to pass Our Great Seal of 
Great Britain, in the Words, or to the effect following. 

GE0RC4E tlie second by the Grace of God, of Great 
Britain, France and Leland King, Defender of the 
Faith &c^ To Our Trusty and Wellbeloved Thomas 
Boone Esq^ Greeting ; Whereas We did by Our Letters 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 101 

Patents under Our Great Seal of Great Britain bearing 

date at "Westminster the day of 1758, in the 

thirty first year of Our Eeign, constitute and appoint 
Our Trusty & Wellbeloved Francis Bernard Esq!' Cap- 
tain General and Governor in Chief in and over Our 
Province of Nova Caesarea or New Jersey Viz' the 
Division of East & West Jersey in America for and 
during Our Will and Pleasure, as by the said recited 
Letters Patents, relation being thereunto had, may 
more fully & at Large appear : Now Know you that 
We have revok'd and determin'd, and by these Pres- 
ents do revoke & determine the said recited Letters 
Patents, and every Clause, Article and Thing therein 
contain'd. And further know you that We reposing 
especial Trust &c* 

To Our Attorney or Solicitor GenJ 

And for so doing this shall be your Warrant. Given 
at Our Court at S' James's &c'^ 

[See post, under date of January 1-1, ITCO. — Ed.] 



Letter from the Lords of Trade to Governor Bernard 
— on the Pretentions of R. H. Morris to resume 
the office of Chief Justice of the Province. 

[From P. R. O. B. T., New Jersey, Vol. 16, p. 288.] 

To Feancis Bernaed Esq"" Governor of New 

Jersey. 
Sir, 

We have receiv'd your Letter to Us dated the 28"' 
of August last, acquainting us that M!" Morris had ap- 
piyed to be admitted to the Office of Chief Justice in 
Virtue of his former Patent. 

As we are entirely un-informed of the Grounds and 



192 ADMINISTHATIO]^ OF GOVERNOR BERNARD. [1759 

Reasons upon which this very extraordinary pretence 
is founded, it is impossible for us at present to give 
any Directions upon the Case; But as Mr Morris's Con- 
duct appears to Us highly to reflect upon His Majesty's 
Honor and Justice, in the subsequent Appointments 
which have been made, founded, as you wiU perceive 
by the inclosed paper upon M'" Morris's actual Resigna- 
tion ; We must desire that you will take the first 
Opportunity of transmitting to Us an authentick Copy 
the Patent or Commission by which M- Morris claims 
that Office, with every other information you are able 
to give upon the Case, that no time may be lost in lay- 
ing a full State of it before His Majesty for His Royal 
Determination; In the mean time it will be your Duty 
to obey such Commands as you shall have receiv'd 
from His Majesty under His Royal Sign Manual, 
touching the Appointment of any other person to that 
Office. 

With this you will receive a Duplicate of Our Letter 
to you of the 1-i"' of Nov'' last, notifying His Majesty's 
Appointment of you to the Government of the Massa- 
chusetts Bay; and as soon as your Commission is 
passed, which will be in a few days, it will be trans- 
mitted to you, together with that appointing M^ Boone 
Gov^ of New Jersey in your stead; and also such 
Instructions as His Majesty shaU think proper to give 
you for your Guidance in the Execution of the Trust 
conferr'd upon you. We are, Sir, 

Your most obed? humble Servants, 

Dunk Halifax 
Whitehall | James Oswald. 

Dec!" U. 1759. I W. G. Hamilton. 

W. Sloper. 



1759] ADMINISTRATION OF GOVERNOR BERNARD. 193 



Representation from the Lords of Trade to the King 
— with a Draft of General Instructions and those 
relating to trade for Thomas Boone, appointed 
Governor of New Jersey . 

I From P. R. O. B. T., New Jersey, Vol. 16, p. 291-2.1 

To the King's most Excellent Majesty. 

May it please your Majesty. 

In obedience to Your Majesty's order in Council dated 
the 27"' of Nov!" 1759, We have prepared Draughts of 
General Instructions and of those which relate to the 
Observance of the Acts of Parhament for the due En- 
couragement and Regulation of Trade and Navigation, 
for Thomas Boone Esq'', whom your Majesty has been 
pleased to appoint Captain General and Governor in 
Chief of your Majesty's Province of New Jersey. 

In this Draught of Gen' Jiistructions, We have made 
no Alterations from the Instructions given by your 
Majesty to Francis Bernard Esq!" the late Governor of 
the said Province.' 

The Draughty of Instructions for the Observance of 
the Acts of Parhament for the Encouragement and 
Regulation of Trade, is made conformable to the In 
structions which have been lately approved and given 
by your Majesty, for the like Purposes, to the Gover- 
nor's of others your Majesty's Colonies in North 
America. 

All Which is most humbly submitted. 

Dunk Halifax. 

SoAME Jenyns. 

W?" Sloper. 



Whitehall j. 
ib'ry 13, 1760. 3 



Feb'rv 13, 1760. 3 Ed: Bacon. 



See pages 23-107 of this volume.— Ed. 

13 



194 ADMINISTRATION OF GOVERNOR BERNARD. [1759 



Instructions to Thoinas Boone, Governor of New 
Jersey. 

[From Book AAA of Commissions, in Secretary of State's Office, at Trenton, N. J. 

fol. 3:K. I 

George the Second by the Grace of God of Great 
Britain France and Ireland King Defender of the 
Faith And so forth To our trusty and well beloved 
Thomas Boone Esq. 

Greeting Whereas We did by our letters patent 
under our great Seal of Great Britain bearing date at 
Westminster the twenty fifth day of February in the 
thirty first year of our Reign Constitute and appoint 
Francis Bernard Esquire Captain General and Gov- 
ernor in Chief in and over our province of Nova Cees- 
area or New Jersey in America for and during our 
Will & pleasure as by the said recited Letters Patent, 
Relation being thereunto had may more fully and at 
large appear. Noiv Know You that We have Revoked 
& determined and by these Presents do Revoke and 
Determine the said recited Letters patent and every 
clause Article & thing therein contained And further 
know you tbat We Reposing especial trust and Confi- 
dence in the prudence Courage and Loyalty of you 
the said Thomas Boone of our Especial Grace certain 
knowledge and meere Motion have thought fit to con- 
stitute & Appoint and by these presents do constitute 
& Appoint you the said Thomas Boone to be our cap- 
tain General and Governor in Chief in and over our 
province of Nova Ceesarea or New Jersey, to wit, the 
Divisions of East and West New Jersey in America 
which we have thought fit to unite into one province 
and settle under one Government And We do hereby 
require and command you to do & execute all things 
in due Manner that shall belong unto your said Com- 
mand and the trust We have Reposed in you — accord- 



1759] ADMIlSriSTRATIOK OF GOVERNOR BERNARD. 195 

ing to the several powers and directions Granted or 
Appointed you by this present commission and the In- 
structions & Authorities herewith given you or by 
such further powers Instructions & Authorities as 
at any time hereafter be granted or Appointed you 
under our Signet and Sign Manual or by our Order in 
our privy Council and according to such Reasonable 
Laws & Statutes as now are in force or hereafter shall 
be made & Agreed upon by you with the Advice & 
Consent of our Council and the Assembly of our said 
province under your Government, in such manner & 
form as is hereafter expressed. 

[The rest of the Commission is verbatim, mutatis 
mutandis, the same as that issued to Francis Bernard. 
See p. 23.] 

In Witness Whereof We have caused these our Let- 
ters to be made patent Witness ourself at Westmin- 
ster the fourteenth day of January in the thirty third 
year of our Reign. 

j Great seal | By Writ of Pdvy Seal. 

I Gt. Britain, j YORKE & YORKE. 

The foregoing Commission was published at Amboy 
July 4th 17()() and at Burlington the 9th day of the 
same Month. 



Commission, to Thomas Boone as Vice- Admiral of 
New Jersey, conferring Admiralty Jurisdiction, etc. 

LFrom Book AAA of Commissions, in Secretary of State's Office, at Trenton, N. J., 

fol. 339.] 

George the second by the Grace of God of Great 
Britain France & Ireland King defender of the Faith 
&c. To our Beloved Thomas Boone Esq. our Captain 



i96 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

General & Governor in Chief of our province of Nova 
Caesarea or New Jersey in America Greeting We Con- 
fiding very much in your fidehty Care & Circumspec- 
tion in this Behalf Do by these presents Which are to 
continue during our pleasure only Ordain Constitute 
and Depute you the said Thomas Boone Esq. our Cap- 
tain General and Governor in Chief aforesaid our Vice 
•Admiral Commissary and DejDuty in the Office of Vice 
Admii^al in our province of Nova Ceesarea or New 
Jersey aforesaid and Territories thereon depending in 
the Room of Francis Bernard Esq. appointed Vice Ad- 
miral of our province of Massachusetts Bay in New 
England & Territories thereon dei3ending and in the 
Marritime parts of the same and thereto Adjoining 
whatsoever with power of taking and Receiving all & 
every the fees profits Advantages, Emoluments, Com- 
modities and Appurtenances whatsoever due and be- 
longing to the said Office of Vice Admiral Commissary 
and Deputy in our said province of Nova Ceesarea or 
New Jersey and Territories Dependent thereon and 
Maritime parts of the same & Adjoining to them what- 
soever According to the Ordinances & Statutes of our 
High Court of Admiralty of England And We do 
hereby Commit & Grant unto you the said Thomas 
Boone Esq. our power & Authority in and throughout 
our province of Nova Ceesarea or New Jersey afore- 
mentioned & Territories thereof & Marritime Parts 
whatsoever Adjacent thereto and also throughout all 
& every the Sea Shores Publick Streams Ports Fresh 
Waters Rivers Creeks and Arms as well of the Sea as 
of the Rivers & Coasts Whatsoever of our said prov- 
ince of Nova Ceesarea or New Jersey & Territories de- 
pendant thereon & M arritime Parts Whatsoever of the 
same and thereto Adjacent as well within Liberties & 
Franchises as without to take Cognizance of & proceed 
in all Causes Civil & Maritime and in Complaints Con- 
tiacts Offences or suspected Offences Crimes Pleas 



1759] admi:n'istration' of governor Bernard. 197 

Debts Exchanges Accounts Charter parties Agreements 
Suits Trespasses Injuries Extortions & Demands & 
Businesses Civil & Maritime whatsoever commenced 
or to be commenced between Merchants or Between 
Owners & Proprietors of Ships & other Vessels & Mer- 
chants or others Whomsoever with such Owners & 
Proprietors of Ships & all other Vessells Whatsoever 
Imployed or Used within the Maritime Jurisdiction of 
our Vice Admiralty of our said province of Nova 
Ceesarea or New Jersey & Territories depending on the 
same or between any other j^ersons Whomsoever had 
made begun or Contracted for any Matter thing Cause 
or Business whatsoever done or to be done within our 
Maritime Jurisdiction aforesaid together with all & 
singular their Incidents Emergencies Dependencies 
Annexed and connexed causes Whatsoever whereso- 
ever or Howsoever, And such causes Complaints 
Contracts & other the premises abovesaid or any of 
them which may happen to arise be contracted had or 
done to hear and Determine according to the Rights 
Statutes Laws Ordinances & Customs Anciently Ob- 
served And Moreover in all & singular Complaints 
Contracts Agreements Causes & Businesses Civil & 
Maritime to be performed beyond the Sea or contracted 
there however arising or happening and also in all & 
singular other Causes & Matters which in any Manner 
Whatsoever touch or any way Concern or anciently 
have & do or ought to belong unto the Maritime 
Jurisdiction of our aforesaid Vice Admiralty in 
our said province of Nova Ceesarea or New Jer- 
sey and Territories thereon Depending & Mari- 
time Parts thereof & to the same Adjoining what- 
soever And generally in all and singular other Causes 
Suits Crimes Offences Excesses Injuries Complaints 
Misdemeanors or Suspected Misdemeanors, Trespasses 
Regratings Forestattings & Maritime businesses What- 
soever throughout the places aforesaid within the 



198 ADMINISTRATION OF CtOVERNOR BERNARD. [1759 

Maritime Jurisdiction of our Vice Admiralty of our 
province of Nova Ceesarea or New Jersey aforesaid 
and Territories thereon Depending by Sea or Water or 
the Banks & Shores of the same however done com- 
mitted perpetrated or Happening And also to Inquire 
by the Oath of Honest and Lawf uU Men of our said 
province of Nova Ceesarea or New Jersey & Territories 
Dependant thereon & Maritime parts of the same and 
Adjoining to them Whatsoever Dwelling both within 
Liberties & Franchises & without as well of all & 
singular such Matters & things which of Eight & by 
the Statutes Laws & Ordinances & Customs Anciently 
observed were wont ife ought to be Inquired after as of 
Wreck of the Sea & of all & singular the Goods & 
Chattels of Whatsoever Traitors Pirates Manslayers & 
Felons howsoever offending within the Maritime Juris- 
diction of our Vice Admiralty of our province of Nova 
Ceesarea or New Jersey aforementioned & territories 
thereon belonging & of the Goods Chattels and Debts 
of All & Singular their maintainers Accessaries Abet- 
tors or Assistants whatsoever and also the Goods Debts 
& Chattels of Whatsoever person or persons Felons of 
themselves by what Means or howsoever coming to 
their Death within our aforesaid Maritime Jurisdiction 
Wheresoever any such Goods Debts & Chattels or any 
parcel thereof by Sea Water or Land in our said prov- 
ince of Nova Ceesarea or New Jersey & Territories 
thereon Dependant & Maritime Parts of the same & 
thereto Adjacent Whatsoever as well within Liberties 
& Franchises as without have been or shall be found 
forfeited or to be forfeited or in being And Morover as 
well of the Goods Debts & Chattels of Whatsoever 
Traytors Felons & Manslayers wheresoever Offending 
and of the Goods Debts & Chattels of their Maintainers 
Accessaries Councillors Abetterors or Assistants as the 
Goods Debts & Chattels of all Fugitives persons Con- 
victed Attainted Condemned Outlawed or Howsoever 



1759] ADMINISTRATION OF GOVEKNOK BEENARD. 199 

put in exigent for Treason Felony Manslaughter or 
Murther or any other Offence or Crime Whatsoever & 
also concerning Groods Waving Flotzon Jetson Lagon 
Shares and Treasures found or to be found Deodand 
And of the Goods & Chattels of all others Whatsoever 
taken or to be taken as Derelinct or by Chance found 
or to be found or howsoever Due or to be due and of 
aU other Casualty as well in upon or by the Sea & 
Shores Creeks or Coasts of the Sea or Maritime parts 
as in upon or,by aU Fresh waters Ports Publick Streams 
Rivers or Creeks or places overflown Whatsoever with- 
in the Ebbing or flowing of the Sea or High Water or 
upon the Shores or Banks of any of the same Within 
our Maritime Jurisdiction Howsoever Whensoever or 
by what Means soever arising happening or proceeding 
or Wheresoever such Goods Debts & Chattels or other 
the premises or any parcel thereof may or shall happen 
to be met with or found within our Maritime Jurisdic- 
tion aforesaid & also concerning Anchorage Lastage & 
Ballast of Ships & of Fishes Royal Namely Sturgeons 
Whales Porpuses Dolphins Riggs & Grampuses and 
generally of all other Fishes whatsoever which are of 
a great or Very Large Bulk or Fatness anciently by 
Right or Custom or any Ways appertaining or belong- 
ing to us And to Ask require • Levy take Collect re- 
ceive and obtain and to the use of us and our Office of 
High Admiral of Great Britain aforesaid for the time 
being to keep and preserve the said Wreck of the Sea 
and the Goods Debts & Chattels and all & singular 
other the premises together with all & all Manner of 
Fines Mulcts Issues Forfeitures Amerciaments Ran- 
soms & Recognizances whatsoever forfeited or to be 
forfeited & pecuniary punishments for Trespasses 
Crimes Injuries Extortions Contempts & other Mis- 
demeanors Wliatsoever Howsoever Imposed or In- 
flicted or to be imposed or Inflicted for any Matter 
Cause or thing Whatsoever in our said province of 



200 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

Nova Ceesarsa or New Jersey & Territories thereunto 
BelongiDg and Maritime parts of the same & thereto 
Adjoining in any Court of our Admiralty there held 
or to be held presented or to be presented assessed 
brought forfeited or adjudged and also all Amercia- 
ments Issues Fines Perquisites Mulcts & Pecuniary 
punishments Whatsoever & Forfeitures of all manner 
of Recognizances before you or your Lieutenants 
Deputy or Deputies in our said province of Nova 
Ceesarea or New Jersey & Territories thereunto belong- 
ing and Maritime parts of the same & thereto Adjacent 
Whatsoever happening or imposed or to be imposed or 
inflicted or by any Manner assessed presented forfeited 
or Adjudged, or however by reason of the premises due 
or to be due in that behalf to us or our Heirs & Succes- 
sors And further to take all manner of Recognizance 
Cautions Obligations & Stipulations as well to our Use 
as at the Instance of any parties for agreements or Debts 
& other Causes whatsoever and to put the same in Ex- 
ecution to Cause and Command them to be executed 
and also to Arrest & cause & command to be Arrested 
according to the Civil & Maritime Laws & Ancient Cus- 
toms of our said Court all Ships persons things Goods 
Wares & Merchandizes for the premises & every of 
them and for other Causes Whatsoever concerning the 
same Whensoever they shall be met with or found 
throughout our said province of Nova Ceesarea or New 
Jersey & Territories thereunto belonging & Maritime 
parts thereof & thereto adjoining within Libertys & 
Franchises or without. And hkewise for all other 
Agreements Causes or Debts Howsoever contracted or 
arising so that the Goods or persons of the Debtors 
may be found within our Jurisdiction aforesaid & to 
hear & examine & finally determine & the same with 
their Emergencies Dependencies Incidents Annexed & 
connexed causes & Businesses Whatsoever together 
with all other causes civil & Maritime & complaints 



1759] ADMINISTRATION OF GOVERNOE BERNARD. 201 

& Contracts and all & every the Respective premises 
Whatsoever above expressed according to the Laws & 
Customs aforesaid and by all other LawfuU Means & 
Methods according to the best of your Skill & Knowl- 
edge & to Compel all Manner of persons in that Behalf 
as the Case shall Require to appear & to Answer with 
power of Using any Teuiporal Coertion & of inflicting 
any other penalty or Mulct according to the Laws & 
Customs aforesaid and to do and Minister Justice ac- 
cording to the Right order & Course of the Law sum- 
marily & plainly looking only into the truth of the 
fact and to fine Correct punish Chastize & reform & 
Imprison & Cause & Command to be imprisoned in 
any Coals being within our province of Nova Ceesarea 
or New Jersey aforesaid & Territories thereunto be- 
longing the parties Guilty & the Contemners of the 
Law and Jurisdiction of our Admiralty aforesaid & 
Violators Usurpers Delinquents & Contumacious Ab- 
sentors Masters of Ships Mariners Rowers Fishermen 
Shipwrights & other Workmen & Artificers Whatso- 
ever exercising any kind of Maritime Affairs according 
to the Rights Statutes Laws Ordinances and Customs 
anciently observed & to deliver & Absolutely discharge 
& Cause & Command to be discharged Whatsoever 
persons Imprisoned in such Cases who are to be de- 
livered and to preserve and Cause to be preserved the 
Publick Streams Ports Rivers Fresh Waters & Creeks 
Whatsoever within our Maritime Jurisdiction afore- 
said in what place soever they be in our said Province 
of Nova Ceesarea or New Jersey & Territories there- 
unto belonging & Maritime parts of the same & there- 
to Adjacent Whatsoever as well for the preservation 
of our Navy Royall and of the Fleets & VesseUs of 
our Kingdoms & Dominions aforesaid as of Whatso- 
ever fishes increasing in the Rivers &; places aforesaid 
And also to keep & Cause to be executed & kept in 
our said province of Nova Ceesarea or New Jersey & 



202 ADMINISTRATION" OF GOVERNOR BERNARD. [1759 

Territories thereunto belonging and Maritime parts 
thereof & thereto Adjacent Wliatsoever the Rights 
Statutes Laws Ordinances & Customs anciently ob- 
served and to do Exercise Expedite & execute all & 
singular other things, in the premises & every of them 
as they by Right and according to the Laws Statutes 
Ordinances & Customs aforesaid should be done And 
Morover to Reform Netts too close & other Unlawfull 
Engins or Instruments Whatsoever for the catching 
of Fishes Wheresoever by Sea or Publick Streams 
Ports Rivers Fresh Waters, or Creeks Whatsoever 
throughout our Province of Nova Ceesarea or New 
Jersey aforesaid & Territories Dependent thereon & 
Maritime parts of the same & thereto Adjacent Used 
or Exercised by Water within our Maritime Jurisdic- 
tion aforesaid Wheresoever and to punish & Correct 
the Exercisers & Occupiers thereof According to the 
Statutes Laws Ordinances & Customs aforesaid, and 
to pronounce promulge and Interpose all Manner of 
Sentences & decrees and to put the same in Execution 
with Cognizance and Jurisdiction of Whatsoever other 
Causes civil & Maritime which Relate to the Sea or 
which any Manner of Ways respect or Concern the 
Sea or passages over the same or Naval or Maritime 
Voyages or our said Maritime Jurisdiction or the places 
or Limits of our said Admiralty or Cognizance afore- 
mentioned & all other things done or to be done with 
power also to proceed in the same according to the 
Statutes Laws Ordinances & Customs aforesaid an- 
ciently Used as well of meer office Mixed or promoted 
as at the Instance of any party as the case shall require 
& seem Convenient. And hkewise with Cognizance 
& Decission of Wreck of the Sea great or small & of 
the death Drowning & view of Dead Bodies of all per- 
sons howsoever Killed or Drowned or Murthered or 
which shall happen to be killed drowned or Murthered 
or by any other Means come to their death in the Sea 



1759] ADMIISriSTRATIOlSr OF GOVERNOR BERNARD. 203 

or publick Streams Ports Fresh Waters or Creeks 
Whatsoever within the flowing of the Sea & high 
Water Mark throughout our aforesaid province of 
Nova Ceesai-ea or New J(5rsey & Territories thereon 
depending & Belonging & Maritime parts of the same 
and thereunto Adjacent or Elsewhere within our Mari- 
time Jurisdiction aforesaid together with the Cogni- 
zance of Mayhem in the aforesaid places within our 
Maritime Jurisdiction aforesaid & Flowing of the Sea 
& Water there hapning with power also of punishing 
all delinquents, in that kind according to the Exigen- 
cies of the Law & Customs aforesaid and to do exercise 
expedite and execute all & singular other things which 
in and about the premises only shall be Necessary or 
thought Meet according to the Rights Statutes Laws 
Ordinances & Customs aforesaid with full power of 
Deputing & Surrogating in your place for the prem- 
ises one or more Deputy or Deputies as often as you 
shall think fit. And also with full power from time 
to time of Naming appointing, ordaining Assigning, 
Making & constituting whatsoever other Necessary fit 
& Convenient Offices & Ministers under you for the said 
Office and execution thereof in our said Province of 
Nova Ceesarea or New Jersey and Territories thereunto 
belonging & Maritime parts of the same & thereto 
Adjacent Whatsoever Saving always the Right of our 
High Court of Admiralty of England & also of the 
Judge & Register of the said Court from whom or 
either of them it is not our intention in any thing to 
derogate by these presents & saving to every one who 
shall be wronged or grieved by any Definite Sentence 
or Interlocutory decree which shall be given in the 
Vice Admiralty Court of our Province of Nova Ceesa- 
rea or New Jersey aforesaid & Territories thereunto 
belonging the Right of appealing to our aforesaid High 
Coui't of Admiralty of England Provided nevertheless 



304 ADMINISTRATION OF GOVERNOR BERNARD. [1759 

& under this express condition that if, you the said 
Thomas Boone our Captain General & Governor in 
Chief aforesaid shall not yearly, to wit at the end of 
every year between the feasts of Saint Michael the 
Archangel & All Saints duly Certifie & cause to be 
effectually certified if you shall be thereunto required 
to us & our Lieutenant Official Principal & Com- 
missary General & Special Judge & President of the 
High Court of our Admiralty of England aforesaid, all 
that which from time to time by Virtue of these pres- 
ents, you shall do execute collect & receive in the 
premises or any of them together with your full & 
faithful! account thereu})on to be made in an Authen- 
tick Form & Sealed with the Seal of our Office remain- 
ing in your Custody, that from thence & after Default 
therein these your Letters Patent of the Office of Vice 
Admiral aforesaid as above Granted Shall be Null & 
Void & of no force or Effect Further We do [in] our 
Name command all & singular our Governor & Jus- 
tices Mayors Sheriff's Captains Marshalls Bailiffs 
Keepers of all our Gaols & Prisons Constables <Sc other 
Officers & faithfull & Liege Subjects Whatsoever & 
every of them as well within Liberties & Franchises 
as ^vithout that in and about the Execution of the 
premises & every of them. They be Aiding favoring 
assisting Submissive & yield Obedience in all things as 
is fitting to you the aforesaid Thomas Boone our Cap- 
tain General & Governor in Chief of our Province of 
Nova Ceesarea or New Jersey afoi'esaid and to your 
Deputy Whomsoever and to all other officers by you 
appointed or to be Appointed of our said Vice Admir- 
alty in our Province of Nova Ceesarea or New Jersey 
aforesaid & Territories thereunto belonging & Mari- 
time parts of the same & thereto adjoining under pain 
of the LaAv, & the peril wiiich will fall thereou Given 
at London in the High Court of our Admiralty of 
England aforesaid under the Great Seal thereof the 



1760] ADMINISTRATION OF GOVERNOK BERXARD. 205 

thirteenth day of February in the year of our Lord 
one thousand Seven Hundred & Sixty & of our Eeign 
the thirty third. 



GoDF. Lee Farrant 
Eegister. 



The above Commission was pubhshed at Perth Am- 
boy the 4th day of July Anno Domini I70i> & at Bur- 
hngton the 9th [July] 17*;0 following. 

Chas Read Secry, 




Letter from ThoTnas Boone, a 7-esideht of South Caro- 
lina, to the Lords of 'Trade, acknowledging the 
honor conferred upon him by his cqjpointment as 
Governor of New Jersey. 

[From P. E. O., B. T., New Jersey, Vol. 8, I. 88.] 

Charles Town S^ Carolina Feb: 14*.'^ 1760 

My Lords 

I had the Honour of being made acquainted yester- 
day, by a Letter from your Lordships of the 14^'' of 
Nov"" with the Character that his Majesty has been 
most graciously Pleased to Confer on me, and Receive 
this Testimony of his Majesty's Royal Favour with all 
Imaginable Duty and Humility. 

I beg to return your Lordships my warmest and 
most HuQible Thanks for your Congratulations on 
this Occasion, & to assure your Lordships that I shall 
in Obedience to your Commands, Repair to New Jersey 
with all Possible Diligence. 

I have the honour to be My Lords 
Your Lordships most Obliged & 

Obedient Humble Servant 
Tho: Boone. 



20t! ADMINISTRATION OF GOVERNOR BERNARD. [1760 



Letter from Mr. Robert Hunter Morris to Governor 
Bernard showing why he ought to have been per- 
mitted to resume Iris office of Chief Justice, and 
inclosifig a copy of tlie patent ajjpointing him to 
that office. 

[From P. R. O. B. T. New Jersey, Vol. 8, I, 91. J 

Amboy in New Jersey Feb'y 22 1760 
His Excellency Gov!' Bernard 

Sir 

Your Excellency will receive under this cover, a 
Copy of the Patent, appointing me .Chief Justice of 
this Province dated in March 173s the Tenor of which 
you will observe is during my good behaviour. This 
Commission was Issued by the Unanimous Advice of 
His Majesty's Council, And the Appointment was per- 
fectly agreeable to the Assembly then Setting. 

A little before my acceptance of the Government of 
Pensilvania, I wrote to the Lords Commissioners for 
Trade; And among other things, desired their Lord- 
ships would "Give me leave to resign the Office of 
Chief Justice," but their Lordships gave me no answer 
to that letter, which I esteemed a refusal to Comply 
with my request, And therefore upon my Arrival in 
New Jersey, on my way to Pensilvania I applied to 
M' Belcher His Majesties then Governor, A: the Coun- 
cil. I informed them of that part of my letter to tlie 
board of trade, desired they would agree upon some 
person to Succeed me, and Offered to resign the Office 
in form : But both he and the Council told me that the 
Office of Governor of Pensilvania was not incompati- 
ble with that of Chief Justice of Jersey, as the Prov- 
inces were only Separated by a Eiver, and therefore 
did not accept of my offer to resign. 



1760] ADMINISTRATION OF GOVERNOR BERNARD. 307 

Being thus continued in the office, I frequently 
came from Pensilvania into New Jersey, and in part 
Executed it, but the affairs of that Province would not 
permit me to do the whole Business of the Office. 

In the year 1756 I resigned the (Tovernment of Pen- 
silvania, removed into this Province, and Exercised 
the office, till towards the end of the year 1757, when 
I departed for England, with the leave of M' Reading 
the then Commander in Chief. 

These Sir are the facts Your Excellency Seemed de- 
sirous of being informed of, relative to that Office, as 
to the place itself, you must be sensible that the income 
of it, is now & has ever been, too inconsiderable to 
make me in the least anxious about it. I took the 
office & have held it, rather to prevent it falling into 
Contempt than Expecting any Support from it, and 
am therefore, as I have more than once assured your 
Excellency (as to myself) Extreamly Indifferent about 
it, but cannot help wishing, for the sake of the province, 
that an Office of Such Consequence and in which the 
people are so nearly intrested. May always be in the 
hands of a Man of independent fortune, & Known In- 
tegrity I have the honour to be. 

Sir, Your Excellency's most obedient and 

most Humble Serv*^ 

Rob^ H. Moriis 



Copy of the Patent under Seal of N. York ap- 
pointing Rob' Hunter Morris Esq": Chief 
Justice of New Jersey. 

Rec'^ with M'" Bernard's L're of 25 Febry 1760 

George the Second by the grace of God of Great 
Britain France and Ireland King defender of the 
Faith &c To Our trusty and well beloved Robert Hun- 
ter Morris Esq'; Greeting We reposing especial trust 



308 ADMFjq'ISTRA.TrON" OF GOVERN'OR BERN^ARD. [1760 

and confidence in your integrity impartialty Prudence 
and ability Have assigned constituted and appointed 
and We do by these Presents assign constitute and 
appoint you the Said Robert Hunter Morris to be Our 
Chief Justice of and in Our Province of Nova Caesarea 
or New Jersey in America in the place and room of 
Robert Lettis Hooper Esq^: deceased our late Chief 
Justice of our Said Province Giving and by these 
Presents Gi'anting unto yoa the said Robert Hunter 
Morris full Power and Authority in Our Supream 
Court of our Said Province to hear try and Determine 
all Pleas whatsoever Civil Criminal and mixed accord- 
ing to the Laws Statutes and Legal usages of Our Said 
Province that are not repugnant to the Laws and Stat- 
utes of that part of our Kingdom of Great Britain 
called England and according to such Laws and Stat- 
utes of our Said Kingdom as now do or hereafter shall 
be made to extend to our Plantations in America; and 
Executions of all Judgments given in our Said Court 
to award; and from time to time to make Such Rules 
and Orders in our Said Supream Court in our Said 
Province for the benefit of the Inhabitants of our Said 
Province as you shall judge to be convenient and use- 
full for the more easy Speedy and impartial administra- 
tion of Justice and the preventing of unreasonable and 
unnecessary delays and as near as may be agreeable to 
the Rules and Orders made in the like cases in our 
Courts of Kings Bench Common Pleas and Exchequer 
in our Kingdom of Great Britain To have and to Hold 
and enjoy the Said Office and Place of Chief Justice of 
and in our Said Province of Nova CaBsarea or New Jer- 
sey in America with all and singular the rights privi- 
ledges advantages emoluments Salarys profits fees and 
perquisites to the said office and place of Chief Justice 
belonging or in anywise appertaining or that of right 
ought to belong or appertain to the said office as fully 
and amply as any other Our chief Justices of Our Said 



1700] ADMINISTRATIOI^" OF GOVERXOR BERNARD. 309 

Province have or of right ought to have held and en- 
joyed the Same to you the said Robert Hunter Morris 
for during y our good behaviour in the Sa me In Testi- 
mony whereof we have caused these oui^ Letters to be 
made Patent and the Seal of Our Said Province to be 
hereunto affixed Witness our trusty and well beloved 
Lewis Morris Esq'; our Captain General and Governor 
in chief in and over our Province of Nova Caesarea 
or New Jersey and Territories thereon depending in 
America and vice Admiral in the same &c at our City 
of Perth Amboy in Our Province aforesaid the seven- 
teenth day of March in the tw^elfth year of Our Reign 
annoq'' Domini 1738. 

Burnet 
Secretarys Office at Perth Amboy in New Jersey 
The above is a true Copy from Book E '2. page 336 

Tho^ Bartow 

Sec7 



Letter fro)n Governor Bernard to the Lords of Trade 
expressing his gratitude at being aiypointed Gov- 
ernor of Massachusetts Bay. — The soJemnizatioii 
of the Day of Thanksgiving. — Mr. Morris' claim 
to the office of Chief Justice. 

[From P. R. O. B. T. New Jersey, Vol. 8, 1. 89.] 

Perth Amboy feb 55. ITOO 

The R* Honble The Lords for Trade & Plan- 
tations 
3Iy Lords 

I had the honour on the 15"' inst to receive your 

Lordships commands by letters severally bearing date 

Nov 13, Nov IJ: & Dec 14. As to tbe first signifying 

his Majestys commands for appointing a day of thanks- 

14 



210 ADMINISTKATIOX OF GOVERNOR BERSTARD. [1760 

giving, I must inform your Lordships that I did ap- 
point Thursday the 22 of Nov' for a day of thanksgiv- 
ing for the taking Quebeck & other success of liis 
Majesty s Arms. Nevertheless as We have since re- 
ceived advice of the defeat of the french fleet by Adm' 
Hawke, I have issued a proclamation injoyning a 
thanks-giving for that happy Event on the first Sunday 
after receipt of Notice of the same. 

In regard to that dated Nov 14, signifying, that his 
Majesty had been graciously pleased to approve of my 
being appointed Governor of the Massachusets bay, 
I beg leave to assure your Lordships, that I have the 
highest sense of his Majestys favour, in distinguishing 
me with this public approbation of my services: and I 
am very much obliged to your Lordships, as well for 
your favourable report of me, as for your congratula- 
tions on the occasion 

As to that as to your Lordships L're of Dec 14 con- 
cerning M' Morris's claim of the chief justice ship, I 
informed My Lord Halifax by a letter dated Dec 3 
which M"" Jones solicited & undertook to carry to Eng- 
land, that M' Morris declared he would give M' Jones 
no trouble about the office. I now transmit to your 
Lordships a copy of M' Morris's patent, & also a copy 
of a letter from him to me, showing his reasons for 
thinking he ought to have been permitted to resume 
his office. The whole amount of which is that, as he 
proposed a resignation on account of his taking the 
government of Pennsylvania, & he quitted that gov- 
ernment & returned to New Jersey before your Lord- 
ships had accepted his resignation, the reasons of it 
ceasing, the resignation itself was revoked. But I ob- 
served to him that in his letter to your Lordships, He 
did not attribute his desire to resign the office to his 
taking the Government of Pennsylvania, but to his 
private affairs not permitting him to attend the duties 
of it: And therefore your Lordships could not take 



1760] ADMINISTKATIO]Sr OF GOVEKNOR BERNARD. 311 

notice of his quitting that government as a ceasing of 
his reasons for his resignation; if it were so he should 
have signified it to your Lordships & prayed leave to 
withdraw his resignation As he did not, all this mis- 
understanding has arose from his own omission. I 
cannot however but be sorry that this affair was not 
properly understood, at a time when it might have 
been adjusted more easily than it can now. For M"" 
Jones has been so unfortunate, that there is an univer- 
sal dissatisfaction at his appointment: so that it seems 
to me that it will be difficult for him to hold the office, 
even if he will serve it for nothing. But, as this will 
depend in a great measure upon the part the Assembly 
will act in this business, I may be premature in 
troubling your Lordships with my conjectures tho' 
founded on the greatest probabihty 

Last Satiu'day I received his Majesty's commands 
from M'' Secry Pitt, to provide for the Service of the 
next campaign : I have called the Assembly to meet 
on the IV^ of March. I expect they will only pass the 
bill for raising the regiment, and postpone the other 
business till the arrival of M' Boone, to whom I have 
wrote and have ])Toposed the end of May for his com- 
ing here. When the business of the Assembly is over 
I shall acquaint your Lordships with their proceedings. 
I have the honour to be 

My Lords, Your Lordshijis 

most obedient & most humble Servant 

Fra. Bernard 



213 ADMINISTRATION OF GOVERNOR BERNARD. [1760 



Letter from Mr. Bernard to the Lords of Trade, con- 
taining an account of the proceedings of the Su- 
preme Court in relation to the claim of Mr. Robert 
Hunter Morris to the office of Chief Justice. 

[From P. R. C, B. T.. New Jersey, Vol. 8, 1. 93.1 

Perth Amboy Mar 22 1760 

The R* Hon'ble the Lords ComVs for Trade & 

Plantations 
My Lords 

Last Tuesday the Supreme Court opened here ; in 
the morning of which day M' Morris came to me and 
said that the people in general were so uneasy at M"" 
Jones's taking his seat as Chief Justice, that he could 
not resist their solicitations for him to take the seat 
& thereby prevent M' Jones. I reminded him of his 
promise to me that he would not interrupt M' Jones in 
taking his seat. He said that he entred into that en- 
gagement upon account of his desire not to undertake 
any business that was like to give me nuich trouble : 
but that, as I was removing from the Pi'ovince & not 
like to be affected by this contest, He thought he 
should be remitted of his liberty of prosecuting his 
right in such manner as he should see occasion. I said 
that, to be sure, I should release him from this engage- 
ment so far as I was concerned : but I thought it was 
extended much beyond rae. It seemed to me tliat 
Your Lordships had an intrest in it, as I had ac- 
quainted you with it more as a public than a private 
transaction, and that M' Jones was intrested in it, as 
most probably he had staid in the Country in depend- 
ence that M' Morris would not obstruct him in taking 
the office. He replied that his engagement was made 



1760] ADMIlSriSTRATION OF GOVERNOR BERNARD. 213 

only to me and on my account & that, as my intrest 
in it ceased & I had released him from it, he consid- 
ered himself as quite free from it. 

What afterwards passed in the Court will appear to 
your Lordships from the minutes of the Court, of 
which I shall send an exemplification. It may seem 
to your Lordships that I ought to have interposed the 
Copy of M"" Morris's Resignation. But, besides that 
there was no time given for me to order the Attorney 
general to intervene for the King, I could not have 
introduced that copy, because being a copy & no ways 
authenticated, it would not have been permitted to be 
read in a Court, tho' its authority would be undoubted 
every where else. 

Altho' this business will soon cease to be my con- 
cern yet I must think it my duty to enter a public 
protest on the behalf of the King against this order of 
the Supreme Court. The proper method for doing this 
appears to be, to order the Attorney General to sue out 
a writ of error & bring this order before the Governor 
& Council, from whence, if there should be occasion, 
it may be carried to the privy Council in England 
either by the Attorney general or by M' Morris. This 
seems to be the only thing that can be done at pi-esent 
& probably before this can be brought to an hearing 
before the Governor & Council orders for the further 
prosecution of this business will arrive from your 
Lordships. 

I have the honour to be 

My Lords, Your Lordships most 

obedient and most humble Servant 

Fra. Bernard 

P. S. M' Morris was absent from the Province for 
some time (I suppose more than 2 years) before he 
took upon him the government of Pennsylvania ; after 
which he never sat as Chief Justice, till after he had 



214 ADMINISTRATION OF GOVERNOR BERNARD. [1760 

relinquisht that government. After that He sat once 
in Nov' Term 1756, and divers times in each of the 
Terms in March May &, August 1757. Soon after the 
last he went to England. On the fii'st day of the Term 
in March 1758 M"' Aynsley took his Seat as Chief Jus- 
tice & sat during that Term & the next Term in May 
& went the Circuit in May. Before the next Term in 
August M*" Aynsley died : M*^ Morris did not take his 
seat upon the hench again untill Mar 18 1760 being the 
first day of that Term. 

Copy of the Minutes of the Supreme Court of 
New Jersey on the Claim of M"" Morris to 
resume the Office of Chief Justice. 

Eec^ with the Gov^f' L^re of 22 March 1760. 



^* 



^ George the Second by the grace of God of 
I Great Brittain France and Ireland King de- 
• fender of the faith &c Whereas we have 
inspected certain records in our Supreme court of our 
province of New Jersey, wherein is contained as fol- 
lows. At a Supreme court of judicature held at Perth 
Amboy in and for the province of New Jersey on tues- 
day the eighteenth day of March one thousand seven 
hundred and sixty. Present. The Hon*"'" Robert 
Hunter Morris Esq!" chief -justice Samuel Nevill Esq^ 
second justice— Nathaniel Jones Esq^ offered to the 
Court a commission under the great Seal of the prov- 
ince of New Jersey bearing date the sixteenth day of 
November one thousand seven hundred and fifty nine, 
appointing him chief Justice of the said province and 
prayed that the same might be read. Whereupon the 
record of a Commission dated March the seventeenth 
one thousand seven hundred and thirty eight appoint- 
ing Robert Hunter Morris Esq", chief Justice of the 
province of New Jersey during his good behaviour in 



1760] ADMliVISTRATIOX OF GOVERXOR BERNARD. 2l0 

the same was read in the words following George the 
second by the grace of Grod of Great Brittain France 
and Ireland King Defender of the faith &c To our 
trusty and well beloved Robert Hunter Morris Esq- 
Greeting. We reposing especial trust and confidence 
in your integrity impartiality prudence and ability 
Have assigned constituted and appointed and we do 
by these presents assign constitute and appoint you 
the said Robert Hunter Morris to be our chief justice 
of and in our province of Nova Cassarea or New Jersey 
in America in the place and room of Robert Lettis 
Hooper Esq"^ deceas'd our late chief justice of our said 
province. Giving and by these presents granting unto 
you the said Robert Hunter Morris full power and 
authority in our Supreme court of our said province 
to hear try and determine all pleas whatsoever civil 
criminal and mixed according to the laws statutes and 
legal usages of our said province that are not repug- 
nant to the laws and statutes of that part of our king- 
dom of Great Brittain called England and according 
to such laws and Statutes of our said Kingdom as now 
do or hereafter shall be made to extend to our planta- 
tions in America, and executions of all judgments 
given in our said court to award and from time to 
time to make such rules and orders in our said 
supreme court in our said province for the benefit of 
the inhabitants of our said province as you shall judge 
to be convenient and useful! for the more easy speedy 
and impartial administration of Justice and the pre- 
venting of unreasonable and unnecessary delays and 
as near as may be agreeable to the rules and orders 
made in the like cases in our courts of King's bench, 
common pleas and Exchequer in our Kingdom of 
Great Brittain. To have and To hold and enjoy the 
said ofiice and place of chief justice of and in our said 
province of Nova Caesarea or New Jersey in America 
with all and Singular the rights privileges advantages 



2l6 ADMINISTRATION OF GOVERNOR BERNARD. [1760 

emoluments salary's profits fees and perquisites to the 
said office and place of chief justice belonging or in 
anywise appertaining, or that of right ought to belong 
or appertain to the said office as fully and amply as any 
other our chief justices of our said province have or of 
right ought to have held and enjoyed the same to you 
the said Robert Hunter Morris for and during your 
good behaviour in the same In testimony whereof 
we have caused these our letters to be made patent 
and tlie seal of our said province to be hereunto 
affixed Witness our trusty and well beloved Lewis 
Morris Esq^ our captain general and governour in chief 
in and over our province of Nova Caesarea or New Jer- 
sey and territories thereon depending in America and 
vice admiral in the same &c at our City of Perth 
Amboy in our province aforesaid the seventeenth day 
of March in the twelfth year of our reign annoq'- 
domini one thousand seven hundred and thirty eight, 
Burnet. Then the Commission appointing Nathaniel 
Jones Esq*" was read as follows, George the second by 
the grace of God of Great Brittain France and Ireland 
King defender of the faith &c To our trusty and well 
beloved Nathaniel Jones Esq-' Greeting. We repose- 
ing especial trust and confidence in your integrity 
impartiality prudence and ability Have assigned con- 
stituted and appointed And we do by these piesents 
assign constitute and appoint you the said Nathaniel 
Jones our chief Justice of and in our province of New 
Jersey in the room of William Aynsley Esq- deceas'd. 
To have hold exercise and enjoy the said office unto 
you the said Nathaniel Jones for and during our pleas- 
ure and your residence within our said province 
Together with all and Singular the rights profits privi- 
ledges and emoluments unto the said place belonging 
in as full and ample manner as he the said Wilham 
Aynsley or any other person hath formerly held or of 
right ought to have held and enjoyed the same with 
full power and authority to hold the Supreme courts 



1760] ADMINISTRATION OF (iOVERNOR BERNARD. 217 

of judicature at such places and times as the same 
may and ought to be held within our said province. 
In testimony whereof we have caused these our letters 
to be made patent and the great seal of our said prov- 
ince to be hereunto affixed. Witness our trusty and 
well beloved Francis Bernard Esq'" our captain gen- 
eral and governor in chief in and over our province of 
Nova Csesarea or New Jersey and territories thereon 
depending in America chancellor and vice admiral in 
the same &c at our city of Perth Amboy in our said 
province the sixteenth day of November in the thirty 
third year of our reign. Read. Whereupon the said 
Nathaniel Jones Esq'' prayed to have the oath of office 
to be administred to him and to be admitted. Then 
an entry in the minutes of this court of March term 
one thousand seven hundred and fifty eight, at the 
request of Nathaniel Jones Esq"" was read in these 
words (a commission appointing William Aynsley Esq?" 
chief justice of the province of New Jersey was openly 
read Also other entrys shewing that William Aynsley 
Esq- deceas'd Satt as chief justice for the said term of 
March one thousand seven hundred and fifty eight 
and the term next following and that M!' Nevill satt as 
second justice of said court As the motion of Ml" 
Jones might effect M^ Morris he dechned giving any 
judgment thereon, and M- Nevill second justice deliv- 
ered the opinion of the court as follows. That since 
the commission to M^ Morris grants him a freehold in 
the office of chief Justice of this province of New Jer- 
sey, and nothing was shown legally to divest him 
thereof This Court therefore cannot administer the 
oath of office to M- Jones nor admitt him to enter into 
the execution of said office of chief Justice, but leave 
his right to said office if any he has to be determined 
by a due course of law. M'.' Morris requested David 
Ogden and Charles Read Esq'-^ to enter his appearance 
to and defend any action or suit that shall or may be 
brought against him respecting this matter. In testi- 



218 ADMINISTEATION OF GOVERNOR BERNARD. [1760 

mony thereof we have caused the seal of our said prov- 
ince to be hereunto affixed Witness our trusty and 
well beloved Francis Bernard Esq^ captain general 
and governor in chief in and over our province of New 
Jersey and territories thereon depending in America 
chancellor and vice admiral in the same &c at our city 
of Perth Amboy the thirty first day of March in the 
thirty third year of our reign annoq'' Domini one thou 
sand seven hundred and sixty. 



Letter from Thomas Boone, resident of South Caro- 
lina, to the Lords of Trade, acquainting tliem 
with his intention to embark in a few days in 
order to assume the government of New Jersey . 

[From P. R. O. B. T. New Jersey, Vol. 8, I. 95.J 

Charles Town S° OaroKna March 24"' 1760 
My Lords 

In Obedience to your Lordships Commands, Com- 
municated to me by letter bearing date Nov"^ 14"', the 
receipt of which by two different Merchant Ships I 
have acknowledged, I have made all Convenient Dis- 
patch, and shall Embark in a very few days for New 
York in a Vessell I have hired, no other speedy oppor- 
tunity Presenting itself. 

I make no doubt of Arriving Sufficiently Early as by 
a Letter from M'' Bernard of the 18*? last past from 
Amboy, I understand the Packet Just there from Fal- 
mouth in 88 days had not brought him my Commis- 
sion, I shall trouble your Lordships no further at 
this juncture but have the honour to be 
My Lords Your Lordships most 

Obedient and most Humble Servant 

Tho : Boone 



1760] AD-MINISTRATION OF GOVER^TOR BERN'.VRD. 219 



Letter from Governor Bernard to Secretary Pitt — en- 
closing his address to the Council and Assembly, 
together ivith tlie answer of the Assembly. 

[From P. R. O. America and West Indies, Vol. 72.] 

Perth Amboy Mar 2(; lTr)0 
The R^ Honble William Pitt Esq. 

I had the honour to receive your letter of the 7"' of 
January on the 2:^' of febry & in pursuance of his 
Majesty's commands, I immediately called the general 
Assembly & communicated to them his Majesty's 
pleasure. They with their usual unanimity & dis- 
patch prepared a bill for raising the same number of 
Men as they did for last campaign, so that I passed it 
yesterday & am now preparing to recruit the Regi- 
ment with all possible expedition. 

As the People of this Province particularly desire & 
truly deserve to be seen in a favorable light by his 
Majesty & his Ministers, I take the liberty to enclose 
a copy of the Assembly's address upon this occasion 
with my Speech as introductory thereto ; & to assure 
your honour that this province will always be ready 
to contribute 'its full share to his Majestys Service 

I have the honour to be, with great esteem S'' 

Your most humble and most obedient Servant 

Fra, Bernard 



The Speech of His Excellency Fra^ncis Bernard, 
Esq!" Captain General and Governour in 
chief in and over the Province of New Jer- 



220 ADMIN ISTKATION OF GOVERNOK BERNARD. [1760 

sey, and Territories thereon depending in 
America, Chancellor and Vice Admiral in 
the Same, &c. 

To the General Assembly of the said Province, 
met at Perth Amboy, on Thursday the 1 3*^ 
of March, 1760. 

Gentlemen of the Council, and 

Oentlemen of the House of Representatives 

I am honoured with his Majesty's Comniands to the 
same Purpose with those which I communicated to 
you last year ; to induce you to raise with all possible 
dispatch, within this Government, at least as large a 
Body of Men as you did for the last Campaign, and as 
many more as the Number of its Inhabitants may al- 
low, to act in Conjunction with his Majesty's British 
Troops, under the Command of his Commander in 
chief in America, for the further Reduction of Canada. 
I have called you together with all possible Expedition, 
that you may lose no Time of showing your Gratitude 
to his Majesty, by a most ready and hearty Obedience 
to his gracious Commands, which are Wholly dictated 
by his fatherly Care for the Preservation of his Sub- 
jects on this Continent. 

At the Opening of the last Session, I had great Oc- 
casion to congratulate you on the Success of his Maj- 
estys Arms : But how rapid has the Progress of them 
been since i Victories and Acquisitions have followed 
one another so close, that we not been able to keep 
pace with them in our Thanksgivings : We have been 
lost in Amazement at the great things God hath done 
for us, and have found our Hearts too full to express 
our Sense of his Mercies. 

The Time is now come, which a few years ago was 
the Object of our Wishes more than our Hopes. The 
exorbitant, and heretofore formidable Power of France, 



1760] ADMINISTRATION OF GOVERNOR BERNARD. 321 

is humbled to the dust ; her Trade lost ; her Credit 
sunk ; her Treasury exhausted ; and her fleets de- 
stroyed, even to what she owned to be her last Re- 
source—Canada, the inveterate and implacable Enemy 
of these Provinces, is hunted down ; and waits only 
for the March of the British army to surrender the yet 
unreduced Parts of it. These are (under God) the Ef- 
fects of the Wisdom and Steadiness of his Majestys 
Councils, and the Conduct and Bravery of his Forces ; 
These are the fruits of those Armaments to which you 
have contributed your proportional, tho' small Share ; 
and these are the Encouragements, which will induce 
you to continue the same Efforts till the whole Work 
shall be compleated. 

Gentlemen of the House of Representatives. 

I shall order the Letter I have received from M!" Sec- 
retary Pitt, and also one from Major General Amherst, 
to be laid before you; from whence you will see the 
Necessity of furnishing your full Complement of men 
for the Service of this Year: Two Provinces on this 
Continent have already set the Example. I am also 
to inform you, that the Lords of the Treasury have, 
out of the money granted by the Parliament of Great 
Britain for that Purpose, allotted to this Province near 
Ten Thousand Pounds Sterling for its Service in the 
Year 175S, which is to be paid to the order of the 
Whole Legislature. It will therefore be proper, either 
by a concurrent Resolve, or by a Clause in the Act, to 
give the Treasurers a Special Power to receive this 
money, and place it to the publick Account. 

Gentlemen, 
I shall have occasion to speak to you again', when 



' When he transmitted to the Assembly his final address he said, " I do assure you 
that I shall leave this province with regret. Your good disposition toward his Maj- 
esty's government, and your kind acceptance of my services, had given me the 
fairest prospect of an easy and creditable administration. I had flattered myself 



223 ADMINISTRATION OF GOVERNOR BERNARD. [1760 

the important Business I now commit to you, has had 
youi' full Consideration. At present I have nothing 
more to add, but to desire you would Maintain the 
Credit you have acquired in the Prosecution of this 
War, by your Earnestness, Unanimity and Dispatch, 
in providing for the Speedy Ending of it. 

Fra: Bernard 



To His Excellency Francis Bernard, Esqf Cap- 
tain General and Governor in Chief in and 
over liis Majesty's Province of New Jersey, 
and Territories thereon depending in 
America, Chancellor and Vice Admiral in 
the same &g 

The humble address of the House of Repre- 
sentatives of said Colony, in General Assembly 
met. 

May if please your Excellency 

V/e his Majesty's dutiful and loyal Subjects, the 
Representatives of the Colony of New Jersey, in Gen- 
eral Assembly conven'd. beg leave to return your 

that I might have doue lasting service to this province in assistuig to compose the 
differences that still prevail in it, to remove the few fears and jealousies, if any, 
that now remain, to rectify the little errors in policy which have inadvertently 
crept into the administration, and above all, to establish a perfect harmony in the 
general government, upon the surest foundation, an exact balance of the several 
political powers which compose it.'" 

The Assembly in theii- answer, appear to have been aware of his merits. Say 
they: ■■Your Excellency's leaving tliis government, we esteem as a public loss, 
having in our luinds anticipated the happiness we had the greatest probability of 
enjoying under your administration. Your knowledge in the profession you exer- 
cised antecedent to his Blajesty's appointment of you to preside here, flattered us 
with hopes of a speedy and equitable decision of the only litigation of consequence 
which exists in the Colony [an allusion to the land question, mvolving the titles and 
rights of the Proprietors], and your general conduct will remain gratefuUj' im- 
pressed on the minds of the people, who will ever consider themselves in a manner 
interested in your future care and happiness." 

He started for his government of Massachusetts Bay about the 1st of July, des- 
tined to be far less agreeable to him than the one he was leaving. — New American 
Magazine, published at Woodbridge. — Ed. 



1760] ADMIISriSTEATION OF GOVERNOR BERNARD. 223 

Excellency our hearty Thanks for the early Advise 
you gave the Members of the General Assembly, of 
the Necessity of their meeting on a Matter very im- 
portant to the Welfare of this C*olony, and for your 
favourable Speech at the opening the Session. 

We assure your Excellency, that we entertain the 
most grateful Sense of his Majesty's paternal Care 
over his Colonies, and shall exert ourselves to the 
utmost of our Power, to add as great a Number of 
Troops to his Majesty's Army, as our Circumstances 
will Admit of. 

We esteem the great Blessings of Providence on his 
Majesty's Arms, as a certain Indication of the Justice 
of his Cause; and with the utmost Thankfulness, adore 
the Divine Goodness, in the extraordinary Interposi- 
tion of Heaven in our favour. 

The Steadiness and Wisdom of his Majesty's Coun- 
cils; the Confidence of the Nation in his Ministers: the 
Biavery of his Forces both by Sea and Land, give us 
the most joyful Expectations that he Will, by the 
favour of Providence, be enabled to Oblige the French 
King to submit to equitable Terms of Peace, and to 
restrain him from making such unjustifiable Encroach- 
ments on his Neighbours, as have occasioned, in their 
Consequences, the Ruin of his Navy; loss of his Trade; 
the dismembering his Dominions, and the greatest 
Distress among all his Subjects. 

The Letters from the Right Honourable Mf Secre- 
tary Pitt, and his Excellency General Amherst, laid 
before the house by your Excellency, convince us of 
the necessity of Supplying Troops for the General 
Service; and we have resolved to send this year a 
Complete and well appointed Regiment into the Field, 
to Act under the direction of his Majesty's Command- 
er in chief, and hope that both the Officers and men 
will support the Credit and honour our Regiment hath 
justly Obtained in the Course of the American Wars. 



224 ADMINISTltATIOK OF GOVERNOR BERNARD. [1760 

We shall take effectual Care to authorize proper 
persous to receive and place in the Treasury, the Sum 
allotted for the Quota of this Colony, out of the money 
which the Tenderness of his Majesty and the British 
Parliament, for those Infant Colonies, have induced 
them to grant in Aid of the heavy Taxes to which the 
Vigorous Prosecution of this War has subjected the 
Colonies; and we most thankful!}^ receive this Bounty. 

By order of the House, 
March 22'! lliK). Samuel Nevill Speaker. 

His Excellency's Answer. 

Gentlemen 

I thank you for this dutiful Address, wherein your 
Loyalty and Gratitude to his Majesty, are so fully and 
forcibly expressed: 1 shall take Care to represent it so, 
that you may still appear in that favourable Light, in 
which you have been deservedly placed. 



Letter from Governor Bernard to the Lords of Trade 
— commenting on the BiU for raising troops in the 
Province. 

[From p. R. O. B. T. New Jersey, Vol. 8, 1. 94.] 

Perth Amboy Mar 29. 1760 

R* Honble Lords Comm'rs for Trade & Planta- 
tions. 

My Lords 

Having received his Majesties orders from M'" Sec'ry 
Pitt to provide for the next campaign I called the 
Assembly witli all possible expedition. They accord- 
ingly met & having resolved to do no other business 
but bring in the bill for raising the regiment, they 



1760] ADMINTSTKATION OF GOVEENOR BERNARD. 325 

passed that bill with great Unanimity & dispatch & 
I accordingly enacted it on the 25*'' inst. The Bill is in 
the same words with the former except two special 
clauses at the end of it. As to the offices appointed 
by the bill. I named the paymaster myself having 
particular occasion so to do: as this was assented to 
against the general opinion of the house, I left it to 
them to appoint the Commissaries, whom I had no 
reason but to approve of. In regard to the times of sink- 
ing of the money, I thought it unnecessarily prolonged 
& signified my disapprobation of it by a Message, in 
which I proposed that if they would add a clause to 
appropriate all the Money that had been or should be 
granted them by Parhament to the sinking the money 
now raised, the times for sinking it by Taxes 
might stand as it was. This being readily agreed to 
I waived my objection, as it is most probable that the 
Money granted by Parliament alone will sink the 
whole sum now raised being 45,000 pounds in less than 
4 years. This is the subject of the two last clauses 
before mentioned. As for another objectionable part 
of the bill, that the paymaster &c have power to draw 
on the treasurers without the Medium of the Governor 
and Council, All tHe reasons that I gave for complying 
with it last year have the same or greater force now. 
To which another forcible one must be added, that it 
would be improper for me to begin a dispute which 
must be left to my Successor to finish: it wiU be much 
better for him to chuse his own time & manner to 
introduce a reform, which will at all times require 
nice conduct. 

The good Temper which the people of the province 
are now in, will appear from the addresses of the 
Assembly; which, tho' expressed in terms too favour- 
able to me, must be considered as the best evidence of 
a general good disposition to government. I make no 
doubt but that M' Boone will be easily placed in the 
15 



226 ADMINISTRAI'ION OF GOVERNOR BERNARD. [1760 

same state of confidence & credit that I am in ; as my 
connexions will be opened to him, and my policy, as 
it is very simple, will be easily explained. 

I have not yet received the commissions, the packet 
boat, which is now due, not being arrived: Neither 
has M'' Boone fixed any time for his ariival here. 
Gov"" Pownall writes me now, that I must, if possible 
be at Boston by the middle of May to be ready to open 
the New Assembly which meets at the end of May. I 
hope there will be no danger but that M'' Boone & the 
Commissions will arrive before that time 

I have the honour to be My Lords 

Your Lordships most obedient 

& most humble Servant 

Fra. Bernard 



Petition of the Earl of Stirling and others to the King 
^praying for payment of the purchase money for 
Long Island, granted to their ancestors. 

[From New York Colonial Dociunents, Vol. VII., p. 430.] 

To THE Kings Most Excellent Majesty in 
Council. 

The humble Petition of William Earl of Stir- 
ling, who is nearest heir male to William 
the first Earl of Stirling, And also to Henry 
the last Earl of Stirling, who died in the 
year 1739, and of William Phillips Lee of 
. the City of New York Esq'' And Mary 
Trumbull of East Hampstead Park in the 
County of Berks Sp*" which said William 



l'^60] ADMINISTRATION OF GOVERNOK BERNARD. 22'? 

Phillips Lee and Mary Trumbull are Heirs 
at Law of the said Henry the last Earl of 
Stirling 

Sheiveth 

That His late Majesty King James the first by Let- 
ters Patent bearing date the 3 day of November 1021, 
did grant to the Council for the Affairs in New Eng- 
land in America, their successors and assigns ' 'All the 
" land of New England in America lying and being in 
' ' breadth from 10 Degrees to 48 Degrees of Northerly 
"Latitude, and in length of and within the breadth 
' ' aforesaid throughout the Main Land from Sea to Sea. " 

That the said Council did in the year 1635 among 
other things grant to WiUiam Alexander Earl of Stir- 
ling, '' All that Island or Islands theretofore called by 
the name or names of Matawock, or long Island, and 
thereafter to be caUed by the name or names of Isle or 
Isles of Stirling, situate, lying and being to the West- 
ward of Cape Cod or Narohigansets, within the Lati- 
tude of Forty or forty one Degrees or thereabouts, 
abutting upon the Main Land between the two Rivers 
there known by the several Names of Connecticut and 
Hudson's River, with all the Islands abutting or oppo- 
site to the same within 5 leagues of the Main. 

That in the year 1636 the said Earl of Stirling de- 
puted Capt. James Forrest his Agent and Governor 
for the said Island, whom he, that same year, sent 
over with a number of People for Planting the same, 
who arrived safe there, and made the first English 
Settlement in that Country, and in a few years it be- 
came a flourishing Colony and all the settlers were 
tenants to the Earl of StirMng. 

That the said William Earl of Stirling died in the 
year 1610 and was succeeded by his grandson William, 
who died a few months after him, and the said last 
named Earl was succeeded by his Uncle Henry, who 



228 ADMINISTRATION OF GOVERNOR BERNARD. [1760 

did not well understand his American affairs, yet 
maintained his Governors in the said Islands of Stir- 
ling or Long Island, and promoted the further settle- 
ment thereof, which was frequently interrupted by 
the Dutch, who intruded into the same from their 
Colony of Nieu Netherland (now the Province of New 
York) But the said Earl of Stirling's New Governor 
Major Forrester opposing the Dutch in their attempts 
to settle at the West End of the said Island frequent 
contentions arose on that account, which were attended 
with a very considerable expence to the said Earl of 
Stirling, 

That in or about the year 1662 the said Major Forres- 
ter and the Dutch Governor of Nieu Amsterdam agreed 
upon a conference for settling the said disputes and the 
said Major Forrester attended at the place appointed 
for that purpose, but the Dutch Governor instead of 
conferring with him seized his person, and put him on 
board a ship bound to Holland, but the said ship being by 
stress of weather forced into Spithead, Major Forrester 
was there releived from his imprisonment by the Cap- 
tain of an Enghsh Man of War. That this and other 
injuries occasioned a War between England and the 
United Provinces which was declared in the year 1664. 

That James Duke of York having a design to plant 
an English Colony between the Rivers of Connecticut 
and Delaware by the name of the Province of New 
York, and to drive the Dutch from their settlements 
at Nieu Amsterdam, and hearing much of the good- 
ness of the soil of the said Islands of Stirling or Long 
Island, and of their contiguity to the Said Nieu Am- 
sterdam, made application to Heniy Earl of Stirling 
for purchasing his rights and title to the same, and in 
the year 1663, the Earl of Stirling agreed to sell the 
said Island to the Duke for £7<,)0() Stirling, but the 
same not being paid, he did not convey his right or 
title to the Duke of York. 



1760] ADMINISTEATION OF GOVERNOR BERXARD. 32!) 

That on the 12"> of March 166f James Duke of York 
obtained a grant from his brother King Charles the 
Second of all the Country between Delaware River and 
Connecticut River, by the name of the Province of New 
York, including therein the said Islands of Stirling or 
Long Island, and in the year 1664 King Charles the 
Second sent Sir Rob' Carr and Col. Richard Nicholl 
with an armed force to conquer the Dutch Colony of 
Neiu Netherland, which was affected the same year. 

That the said Earl of Stirling made frequent applica- 
tion to the said Duke of York for the payment of the 
said £^7000 but never could obtain payment of the same 
or any part thereof and on the 10"' day of November 1674 
the Duke of York agreed in lieu of the said £7000 to 
give the said Earl a Pension of £300 per annum out of 
the Revenues arising from his Province of New York; 
but tho: frequent apphcation was made to His Royal 
Highness for the payment of the said Pension, and 
after he came to the Crown the like application was 
made to him and from time to time continued to his 
Successors down to the year 1712, no recompense has 
yet been obtained. 

That on the Duke of York's succession to the Crown, 
the said Province of New York became part of the in- 
heritance of the Crown, and Quit Rents of the same, 
together with those of the said Islands of Stirling or 
Long Island have ever since been received by the 
Receiver General of His Majesty's Revenues of the 
Province of New York. 

That the Pet'' humbly apprehend, that they are, as 
heirs of the said Earl of Stirling intitled in Equity to 
the said Islands of Stirling or Long Island, or the 
Consideration money which was agreed to be paid for 
the same, but the said Islands being now inhabited and 
possessed by many thousands of His Majesty's good 
subjects who have long enjoyed th3ir esbate? under 
Grants from His Majesty and his predecessors, or by 



230 ADMIIflSTEATIOlSr OF GOVERNOE BERNARD. [1760 

bona fide purchases from Grantees under the Crown, 
who have regularly paid then' Quit Rents to the 
Receiver General, and to whom it would now be the 
greatest hardship and distress to purchase a New Title 
to their possessions from the Pet" or be dispossessed 
of the same by Suits at Law, 

Your Petitioners therefore most humbly pray your 
Majesty would be graciously pleased to order payment 
to be made to them of the £7000 with the Interest 
thereof or to give directions that such lands in the said 
Islands of StirHng or Long Island as have not been 
hitherto granted by the said Duke of York, afterwards 
King James the 2'^ or any of His successors, may be 
restored to your Petitioners: And the Quit Rents now 
arising from the lands which have been so granted, 
may for the future be paid to your Petitioners. 
And Your Pet''^ as in duty bound 

shall ever Pray &c 
Stirling 

W" Phillips Lee 
[June 1760] Mary Trumbull 



Bejyresentation from the Lords of Trade to the King 
respecting the Dispute betiveen Robert Hunter 
Morris and Nathaniel Jones for the Office of 
Chief Justice in the province of Neiv Jersey. 

[From p. R. O. B. T. New Jersey, Vol. 16, p. S93.] 

To the King's most Excellent Majesty. 

May it please Your Majesty, 

Francis Bernard Esq-' Commander in Chief of Your 
Majesty's Province of New Jersey, having in several 
Letters which We have lately receiv'd from him, rep- 
resented the Difficulties he has labour'd under, and the 



1760] ADMIIS'ISTRATIOlSr OF GOVERNOR BERNARD. 231 

confusion which has arisen in the Province, from a 
Claim set up by Robert Hunter Morris Esq- to resume 
the Office of Chief Justice, to which he was formerly 
appointed, in Opposition to the Right of Nathaniel 
Jones Esq'', whom Your Majesty was pleased to appoint 
to that Office in June 1759; We think it Our Duty 
humbly to lay before Your Majesty a State of the 
whole matter, to the end that your Majesty may give 
such Directions as shall appear expedient & necessary 
for bringing it to a proper and speedy Determination. 

It appears that, upon the Death of Robert Lettice 
Hooper Esq'' who by Your Majesty's Warrant dated 
the 29*'' of February 1727-8 had- been appointed Chief 
Justice of New Jersey, during Your Royal Pleasure 
and his Residence in that province, Lewis Morris Esq': 
at that time Governor of New Jersey, did, by Letters 
Patent under the Provincial Seal, (a Copy whereof We 
humbly beg leave to annex, ) give and grant the said 
Office to Robert Hunter Morris Esquire during his 
good Behaviour. 

By Virtue of these Letters Patent M"" Morris exer- 
cised and enjoy'd the Office of Chief Justice, untill his 
return to England about the year 1753. And after re- 
siding here considerable time, he, by his Letters to us 
dated the 31'.' of March 1754, "desired Leave to resign 
his said Office, as his private Affairs would not permit 
him to attend to the Duties of it." 

It was not till the beginning of the year 1757, that 
we wei'e enabled to recommend to Your Majesty a 
proper person to supply the Vacancy Occasion'd by 
this Resignation. In the mean time M"^ Morris return'd 
to America, being appointed Lieut* Governor of Penn- 
sylvania; and on his quitting that Government he re- 
paired to New Jersey, and (as M"" Bernard informs us) 
resumed his Seat as Chief Justice in Novemb^ Term 
175G, and in each of the Terms in March, May and Aug- 
ust in the Year 1757, at the latter end of which he re- 
turn'd to England. 



332 ADMI]sriSTRATIO]Sr OF GOVERNOR BERNARD. [1760 

On the IG*"" of Febry 1757, your Majesty having been 
pleased, in Consequence of Our humble Representation, 
to appoint W." Aynsley Esq!' to be Chief Justice of 
New Jersey, he accordingly repair'd to that province, 
and perform'd the Duties of his station during the 
Terms in March and May 1758; soon after which he 
died, And it is remarkable, that, during this Course of 
time M^ Morris neither contested the Appointment of 
M'' Aynesley here, nor set up any Claim of prior Right 
in the province. 

Upon his Return to New Jersey however in Aug** 
1759 (at which time there was no person on the Spot 
appointed by your Majesty) M' Morris signified to 
Governor Bernard his Intention to resume Office of 
Chief Justice, by Virtue of his former Patent, which, 
he said, was not Surrender'd or any otherwise deter- 
min'd. To this Claim the Governor objected the sev- 
eral Reasons contain'd in his Letter to us, of the 28"' 
of August last, (an Extract of which We humbly beg 
leave to annex) and it was at length agreed between 
them, that M"' Morris should suspend his purpose and 
that the Governor should not appoint any other person 
to the Office, untill further Directions should be receiv'd 
from hence. 

In the mean time Nathaniel Jones Esq'", whom your 
Majesty was pleased in June 1759 to appoint Chief 
Justice of New Jersey, in the room of W™ Aynsley 
Esq. deceased, arrived in the Province, & claimed to 
be admitted to that Office, in Virtue of the Royal War- 
rant; But M'Morris insisted on his former pretensions. 
On the 22'' of Febry last, he set forth, in a letter to the 
Governor, (of which We humbly beg leave to annex a 
Copy,) the Reasons on which he founded those Preten- 
sions. And on the 18"' of March, the first day of the 
Session of the Supream Court, having previously sig- 
nified his Resolution to the Governor, he took the seat 
of Chief Justice in that Court. And it appears by the 



1760] ADMINISTRATION OF GOVERNOR BERNARD. 233 

Minutes of the proceedings of the said Court on that 
day, that on M^ Jones's request to take the Oath of 
Office and to be admitted, the second Justice, (M^ Mor- 
ris dechning it) dehver'd the Opinion of the Court, as 
follows, "That since the Commission to M' Morris 
"grants to him a Freehold in the Office of Chief Jus- 
"tice of this province of New Jersey, and nothing was 
' ' shewn legally to divest him thereof; this Court there- 
"fore cannot administer the Oath of Office to M'" Jones, 
"nor admit him to enter into the Execution of the 
"said Office of Chief Justice, But leave his Right to 
" said Office, if any he has, to be determin'd by a due 
"Course of Law." 

Against this Resolution, M^ Bernard has thought it 
his Duty to enter a pubhck Protest on Your Majesty's 
Behalf, as appears by his Letter to us of the 22" of 
March last, a Copy of which, together with an Extract 
of a preceeding Letter dated the 25"" of Febry, We 
humbly beg leave to annex. 

Having thus fully stated to your Majesty the several 
particulars of the Case, We have only further to offer 
our humble Opinion, that your Majesty should be grac- 
iously please to ref err the whole matter to youi' Attorney 
G-enl, with Directions to consider and report what 
Measures are most proper to be taken in Order to sup- 
port your Majesty's Right of Nomination against the 
extraordinary and unprecedented Claim of M"" Morris. 
Which is most humbly submitted. 

Dunk Halifax. 

SoAME Jenyns 
Whitehall | W. Sloper. 

June 17 •'' 17G0 ) E^ Elliot. 



334 ADMINISTRATION OF GOVERNOR BOONE. [1760 



Letter from Governor Boone to the Lords of Trade — ■ 
informing them of his arrival in New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 9, K, 1.] 

New Jersey Perth Amboy July 15"' 1760 

My Lords 

I have the Honour to acquaint your Lordships that 
I lost no time in transporting myself hither, after I 
had received my Commission from on Board the 
Devonshire Man of war, which was Published here on 
Friday the 4"" with the usual Ceremony, and on the 
9"' following at Buiimgton: Nothing my Lords of 
moment, has occurr'd since my having assuQied the 
administration, but I thought this Notification neces- 
sary, of my being now actually on the Spot to Receive 
your Lordships Commands, I have Honour to be my 
Lords with the utmost Respect 

Your Lordships most Obedient & 

most Humble Servant 
Tho: Boone.' 




at the time of his appoint- 
ment as Governor of New 
Jersey, was a citizen of 
South Carolina. It is be- 
lieved that prior to this appointment he had been a resident of the former 
province, although such belief is founded rather upon his own assertion than 
upon tradition or other testimony. The time and place of his birth, and even 
of his death are not definitely known, although it is almost beyond doubt that 
both of these events took place in England. Mr. Wilham A. Whitehead in his 
'•Contributions to the Early History of Perth Amboy," p. 177, says: "It seems 
probable, however, that he was the son of Thomas Boone, Esq., of the County 
of Kent, who died in the year 1749; and related in some way to two or three 
of the name who held important trusts under the Cro\vn— one of them, George 
Boone, being Gentleman of the Bedchamber to the Prince of Wales in 1740." 
It is a remarkable fact that although his appointment was made November 27th , 



1760] ADMINISTRATION OF GOVEKNOK BOONE. 335 



Letter from R. H. Morris to Governor Boone, setting 
forth the state of the disj^ute between Mm and Mr. 
Jones for the office of Chief Justice. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 3.] 

Amboy Aug^.' 10"' 1760 

To His Excellency Gov'* Boone 

Sir 

W Barnard having left the Province without in- 
forming you of the Circumstances, under which the 
Office of Chief Justice is at present held; I think it my 
duty to lay before your Excellency, a full state of the 
Matter, and am happy in having an Opportunity of 
Submitting my Conduct on this Occasion to a Gentle- 
man of Your Candor and understanding. 

In 1738 I was Appointed Chief Justice of this Prov- 
ince, during good behaviour; and Continued in the 
Exercise of the Office till 1TJ:9, when at the request of 
his Majesty's Council, I went to England, to lay be- 
fore the Ministry the state of the Colony, then dis- 
turbed by frequent Riots, and thrown into the utmost 
disorder and Confusion. 

In March 1754, Just before I was named to the Gov- 
ernment of Pensilvania, I wrote to the Board of Trade, 



1759, he did not receive his Commission until about the first of July, 1760, and did 
not meet the ProYiiicial Assembly until the thirtieth of October following, nearly a 
year after the date of his appointment. In less than sis months from that time, 
April 14th, 1701, he was appointed Governor of South Carolma, and on the thirtieth 
of October of the same year was superseded bj' Governor Hardy, who had been 
appointed his successor. Governor Boone seems to have made many warm friends 
during his brief career in New Jei-sey, and this was, doubtless, due to his genial 
manners and honesty of purpose, rather than to his learning and ability as a chief 
magistrate. He held the government of South Carolina a little more than two 
years, when, having been removed, he repaired to England, where for several 
years he held the otfice of Commissioner of the Customs. He lived through the 
first ten years of the present century, and how much longer we are unable to say. 



236 ADMINISTRATION" OF GOVERNOR BOONE. [1760 

desiring their Lordships "would give me Leave to Ee- 
sign the Office of Chief Justice." I had no Answer to 
that letter; And therefore as I Passed through New 
Jersey to Pensilvania, I made the same request to the 
Governor and Council; But they declined Accepting 
my Eesignation, Saying the Offices were not incom- 
patible, And the Provinces only separated by a River. 

I went on then in the Discharge of the Duties of the 
Place, as well as the Perplexed Affairs of Pensilvania 
would permit, till 1756, when having Resigned that 
Government, I Returned to New Jersey, and Remaind 
in the full Exercise of the Office till October 1757. 

I beg leave to Observe that in All this time; a space 
of near /owr years, I had not the least Intimation, that 
the Board of Trade considerd my Request of March 
1754 as a Resignation. 

In October 1757, I obtained Leave from the Presi- 
dent of the Council to go to England; During my stay 
there, I Received Information from America, that M'' 
Ainsley was, Pursuant to his Majesty's Mandamus, 
Appointed Chief Justice of this Province: I Expressed 
my surprise thereon to your Predecessor, then in Lon- 
don; And Endeavoured to see the Earl of Halifax, but 
was so unfortunate as not to have an opportunity of 
speaking to his Lordship upon the subject. 

When I returned to New Jersey, M"" Ainsley was 
Dead, and tho' I had no doubt of my Right to Resume 
the Bench, Yet, as M'" Barnai'd apprehended it might 
Embarras his Administration, I declined it till he should 
hear from England ; But He, being soon after informed 
of M'' Jones' Nomination, told me, / tvas quite at 
Liberty to take any measures I thought Proper, And 
that he wish''d nothing more than to see me established 
upon the Bench. 

The Character of M'' Jones wliich came here before 
him, and the Absurdiry, to say no worse, of his be- 
haviour, after his Arrival, greatly alarmed the People 
of all Ranks; And Occasioned the strongest SoUicita- 



1760] ADMINISTRATION OF GOVERNOR BOONE. 237 

tionp from the most considerate men in the Province, 
That I would insist on the Tenure of my Commission, 
and Resume the Bench. 

Your Excellency will be the Less Surprised at the 
Earnestness, and Apprehensions Expressd on this Oc- 
casion, As you are sensible the first seat in the Highest 
Court of Common Law, in the Province, is of great 
Importance to the Privileges and Properties of the 
People, and may Essentially Affect the Rights and 
Prerogatives of the Crown 

It may not be improper here to inform your Excel- 
lency, that the profits of the Office fall short of one 
hundred pounds Sterling A Year a sum, by no means 
adequate to the trouble and Expence attending the 
Employment. — I was therefore very indifferent as to 
the benefits arrising from the Office, But could not be 
so, when the Publick safety was at stake, and the Royal 
Authority ready to faU into hands that must have 
brought ^it into the utmost Contempt. — Even under 
these Circumstances, I did not set up my Claim with- 
out acquainting M'' Barnard with my intentions who, 
in Presence of M'' Ogden and M"" Read, Acquitted me 
Again, of any Engagements to him on the Occasion; 
and at the same time was Pleased to thank me for the 
tenderness and Regard I had shown to his Adminis- 
tration. 

For what Pass'd in Court upon M'' Jones's producing 
his Commission, I beg leave to ref err your Excellency, 
to the Minutes of that day, which I have the honor 
to inclose. 

My own and the Conduct of my family, who have 
been Constantly ingaged in Support of the Royal 
Authority, in these Colonies, when it stood in need of 
every aid, Render it unnecessary to vindicate myself, 
even from the surmise of Opposition to Government; 
For this I may Appeal to the Minutes And papers of 
the Board of Trade, and to the Records of this and the 
Neighbouring^ Provinces of New York and Pensil- 



238 ADMINISTKATION" OI' aOVEKKOR BOONE. [1760 

vania. — Besides, a People unused to the Necessary 
Subordinations of Government, are in danger of fall- 
ing into Levilling and Democratical Principles, And I 
am too Sensible of the Mischievious Tendency of such 
a Spirit, to be led into measures that might encourage 
it; And which, by weakening the Administration must 
destroy the Peace and Happiness of the Provinces. 

Upon the whole Sir as I know you have nothing so 
much at Heart, as to maintain the Dignity of the 
Crown and promote the Prosperity of the Province, I 
beg Leave to Assure your Excellency, That whatever 
the Issue of this Affair may be, you will find me ever 
ready to Concurr in every measure Conducive to those 
Salutary Ends. I have the Honor to be with Great 
Respect Sir 

Your Excellency's Most Obed* and 

Most Humble Serv* 




To. H. E. Gov! Boone 



Letter from Governor Boone to the Lords of Trade — 
transmittirig the foregoing letter from R. H. Morris. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 2.] 

Peeth Amboy Sept 3l 1760 

My Lords 

Since I had the honouj' of writing to your Lordships 
the 1 ;>*.'' of July, nothing of the least Consequence has 
happened in tliis Province. 

The Papers which I now take the liberty to Enclose 



1760] ADMIN-ISTRATION OF GOVERKOR BOONE. 239 

to your Lordships, have been transmitted me by M' 
Morris, who from an apprehension that a Particular 
and Satisfactory Account of his Opposition to M"' Jones 
had never reached your Lordships, Proposed to me to 
Convey the Enclosed; I assented without hesitation, 
& the rather, because in your Lordships Letter to Gov'' 
Barnard of the 14'.'' of December you appear to me 
desirous of all Possible Information on this head, and 
because, I am a peifect Stranger to the Representa- 
tion that Gov!' Barnard may have given your Lord- 
ships of this Matter, for though I requested a Sight of 
his Letter to your Lordships, in order to Know fully, 
& fix more strongly the Circumstances in my memory 
than the common recital in conversation which he did 
give me could Possibly do, (for in this Respect M"" 
Morris is mistaken) Yet from hurry or Accident he 
Omitted it I cannot therefore think the Trouble I 
now give your Lordships unnecessary 
I have the honour to be My Lords 

with the utmost Respect Your Lordships 
most Obedient & most Hum^l^ Servant 

Tho. Boone. 



Order from, Secretary Pitt to continue the use of the 
former Seal of New Jersey. 

[From Book AAA of Commissions, in the Secretary of State's Office Trenton, N. J. 

fol. 3 15. J 

George E. 

Our Will & Pleasure is and We do hereby Authorize 
and Impower you to make Use of the Publick Seal 
made use of within our province of New Jersey, in 
America during the Life Time of our Dearest Grand 
Father the late Deceased King for Sealing all things 
Whatsoever that are Used to be Sealed therewith un- 



340 ADMINISTKATION OF GOVBENOR BOONE. [1760 

till Another Seal shall be prepared & Transmitted to 
our said Province duly Authorized by Us And for so 
doing this shall be your Warrant Given at our Court 
at Saville House the 2()th day of October 1760 in the 
first year of our Eeign. 

By His Majestys Command. 

W. Pitt. 
Superscribed. 

To our trusty and Well beloved Thomas Boone Esq. 
our Captain General & Governor in Chief in and over 
our Province of Nova Ceesarea or New Jersey in 
America And in his absence to the Commander in Chief 
or to the President of our Council of our said Province 
for the Time being. 



Letter from Governor Boone to Secretm^y Pitt in 
regard to the imputed illegal Trade in Neiv 
Jersey. 

[From P. R. O., America and West Indies, Vol. 72.] 

Perth Amboy New Jersey Oct: 23!' ITGO 
Sir 

I yesterday only had the Honour of Receiving your 
Letter of the 23'' of August, relating to the Illegal 
Trade that has so generally Prevailed in these parts of 
his Majesty's Dominions; I beg leave to assure you Sir 
that since my Arrival in this Province, nothing of the 
Kind has been Connived at, nor I believe practised, 
and Indeed by the late Assiduity of the Cruizers in the 
West Indies, & the Kind of Civil war that has been 
waged by Privateers on these Traders belonging to 
different Provinces, the Risks are become too consider- 
able to allow of its being pursued so universally or suc- 
cessfully as formerly: Upon this Sir, & all other Occa- 



1760] ADMINISTRATION" OF GOVERNOR BOONE. 34J 

sions I shall Pay the Strictest Obedience to his Majesty's 
Commands, and as I shall be diligent in Informing my- 
self, so shall I have the honour of Communicating to you 
the Eesult of my Enquiries into this Iniquitous Com- 
merce. I have the honour to be 

Sir with the utmost Kespect & Deference 
your most Obedient & most 

Humble Servant 

Tho: Boone. 



Representation from the Lords of Trade to the King, 
inclosing a draft of a proclamation for proclaim- 
ing him in the American Plantations. 

[From P. R. O. B. T., Plantations General, Vol. 41, page 3.] 

To the Kings most Excell- Maj*;^ 

May it please Your Majesty, 

In obedience to Your Majesty's Order in Council 
dated the :2Tf instant, inclosing to Us the Draught of 
a Proclamation for proclaiming Your Majesty in your 
respective Plantations in America, and directing Us 
to prepare as many Draughts properly fiU'd up for the 
several & respective Colonies & Plantations there, as 
shall be necessary for that purpose; We have pre- 
pared the same accordingly, and herewith humbly lay 
them before Your Majesty, having added to those 
Proclamations prepared in the year 1727 upon the Ac- 
cession of his late Majesty, the proper Ones for pro- 
claiming Your Majesty in the Colony of Georgia, the 
Islands of Cape Breton and Gaudaloupe, and in 
Canada, the former which has been since erected into 
a Colony under the immediate Government of the 
Crown, and Canada, Cape Breton & Gaudaloupe sub- 
jected to Your Majesty's Sovereignty & Dominion. 
16 



342 admIn^tstration" of governor boone. [11'60 

Upon this occasion We beg Leave most humbly to 
submit to Your Majesty, whether, for the more certain 
and speedy Conveyance of the said Proclamations, and 
of such Directions as may be sent with them, it may 
not be adviseable, that two small Vessels be dispatched 
on purpose, the one to New York, wdrich will serve for 
all the Provinces on the Continent, and from thence to 
Cape Breton and Placentia in Newfoundland, and the 
other to Barbadoes, and any one of the Leeward 
Islands, Gaudaloupe, Jamaica and Bahamas. 
Which is most humbly submitted 

Dunk Halifax 
W. G. Hamilton 
Andrew Stone 
W Sloper 



Whereab it hath pleased Almighty God to call to 
his Mercy Our late Sovereign Lord King George the 
Second of blessed and glorious Memory, by whose 
Decease the Imperial Crown of Great Britain, France 
and Ireland, as also the supreme Dominion and 
Sovereign Right of the 

are solely and rightfully come to the High and Mighty 
Prince George Prince of Wales; We therefore the 

do now hereby with one full Voice and Consent of 
Tongue & Heart publish and proclaim, that the High 
and Mighty Prince George Prince of Wales is, now by 
the Death of Our late Sovereign of happy and glorious 
Memory, become our only lawfull and and rightfull 
Liege Lord George the Third, by the grace of God King 
of Great Britain, France and Ireland, Defender of the 
Faith, Supreme Lord of 

and all other His late Majesty's Territories and 
Dominions in America; To whom We do acknowledge 



1760] ADMINISTRATION OF GOVERNOR BOONE. 243 

all Faith & Constant Obedience with all hearty and 
humble Affection, Beseeching God, by whom Kings 
and Queens do reign, to bless the Eoyal King George 
the Third with long and happy years to reign over Us. 
Given at 

God save the King. 



Circular Letter from the Lords of Trade to the Gov- 
ernors in North America, informing them that 
warrants for using the old seals were in prepara- 
tion. 

[From P. R. O. B. T. Plantations General, Vol. 41, p. 24.] 

To Thomas Boone Esq'' Governor of New 
Jersey. 
Sir 

In consequence of the melancholy Event of the 
King's Death on the 25*^ instant, I am directed by the 
Lords Commiss''.* for Trade and Plantations, to Lake 
the Opportunity by the Packet of acquainting you, 
that the necessary Forms for proclaiming his present 
Majesty in the Colonies, together with Warrants for 
using the old Seals, Proclamations for continuing Offi- 
cers in their Employments, Orders for Alteration of 
the Liturgy &c. &c. are preparing with all possible 
Dispatch, & will be transmitted to yourself <k the rest 
of the Governors and Commanders in Chief of His 
Majesty's Colonies in America in a few Days. I am 
Sir, Your most Obedient 
humble Servant, 
1760 October 29'^ John Pownall Secry. 

N. B. A like Letter was sent to the Governors and 
Commanders in Chief of Nova Scotia N. Hampshire 



244 ADMIKISTRATION OF GOVERNOR BOONE. [1760 

Massachusets. New York Pensylvania Maryland Vir- 
ginia N? Carolina S? Carolina Georgia & to y' Gov'? & 
Conipr of Rhode Island Connecticut and to the Gov- 
ernors of Barbados Jamaica Leew'^ Islands & Guada- 
loupe on the 31f inst? 



Representation from the Lords of Trade to the King, 
with draft of Instructions to the Governors in 
America relating to the alternations in the prayers 
for the Royal familji. 

[From P. R. 0., B. T., Plantations General, Vol. 41, p. 25.] 

To the King's most Excell* MajesY 

May it please Your Majesty, 

In Obedience to Your Majesty's Order in Council of 
the ^9*:'' instant, directing Us to prepare Draughts of 
Instructions proper to be sent to all the Governors of 
Your Majesty's Plantations in America relating to the 
Alterations in the Prayers for the Royal Family, We 
herewith humbly lay before Your Majesty the Draughts 
of such Instructions as We conceive proper on this 
Occasion for Your Majesty's Royal Approbation, 
All which are most humbly submitt? 

Dunk Halifax. 
Andrew Stone. 
W: G: Hamilton. 
1700 October 30^'^ W. Sloper. 



Additional Instruction 

to Our Trusty & well beloved Charles Lawrence Es- 
quire Our Captain General & Governor Chief in and 
over Our Province of Nova Scotia or Accadia in 



1760] ADMINISTRATION OF GOVERNOR BOONE. 245 

America; And in his Absence to Our Lieutenant Gov- 
ernor or Commander in Chief of the said Province for 
the time being; Given at Our Court at Leicester House 
the 30'i'' of October 1760 in the first Year of our Eeign. 
Whet^eas We have been pleased by Our Order in 
Council of the 27*." of October instant, (a Copy whereof 
is hereunto annexed) to declare our Pleasure, that in 
all the Prayers, Litanies and Collects for the Royal 
Family, instead of the Words {their Royal Highnesses 
George Prince of Wales, the princess Dowager of 
Wales, the Duke, the Princesses and all the Royal 
Family.) there should be inserted, {Her Royal High- 
ness the Princess Doivager of Wales & all the Royal 
Family;) Our Will and Pleasure therefore is, that in 
all the Prayers, Litanies and Collects for the Royal 
Family, to be used within Our Province of Nova 
Scotia or Accadia under your Government, instead of 
the Words their Royal Highnesses George Prince of 
Wales, the Princess Dowager of Wales, the Duke, the 
Princesses and cdl the Royal Family, there be inserted 
Her Royal Highness the Princess Dowager of Wales 
and all the Royal Family. And for the better Notice 
hereof in our said Province, It is Our further Will & 
Pleasure, that you cause the same to be forthwith 
published in the several parish Churches & other 
Places of divine Worship within the said Province, 
and that you take Care that Obedience be paid thereto 
accordingly. 

N. B. A like Instruction was sent to the Goverf of 
N. Hampshire Massachusets Rhode Island Connecticut 
New York New Jersey Pensylvania Maryland Virginia 
N? Carohna S° Carolina Georgia Bermuda Bahamas 
Leew? Islands Barbados Jamaica 



24G ADMINISTRATION OF GOVERNOR BOONE. [1760 



Warrant to David Price to impress vessels to trans- 
port troops to New Jersey. 

[From New York Colonial MSS., Vol. LXXXIX, f. 29.] 

By ■ 

To all whom these Presents shall come or may 
Concerne, Greeting. 

Whei^eas a number of Vessels are required for Carry- 
ing a Body of his Majesty's Troops from this Port to 
Am boy to be quartered there and in other Places in 
the Province of New Jersey, I have therefore thought 
fit to authorize and empower and I do by and with the 
Advice of his Majestys' Council hereby authorize and 
empower David Price Esq"" Agent for Transports to 
impress into his Majesty's Service such a number of 
Sloops Boats and small Vessells as shaU be sufficient to 
carry the Troops aforesaid to Amboy or other parts of 
New Jersey, paying the usual Rates for the same, im- 
pressing first such Boats and Vessells as belong to 
New Jersey and the Magistrates Justices of the Peace 
Sherif and other Civil Officers in this City and County 
of New York are hereby required to be aiding and 
assisting in the Execution of this my Warrant to 
which all Persons are to pay due Obedience at their 
Peril. 

Given under my Hand and Seal at Arms at Fort 
George in the City of New York the twenty first 
day of November 1760. 

1 t'aclwallader C'olden was then Presiflent of tlie Council.— [B. Femow.J 



1760] ADMINISTEATION" OF GOVERNOR BOONE. 247 

Letter from the Lords of Trade to Mr. Major, Engraver 
of Seals, with directions for engraving new ones 
for the Colonies. 

[From P. R. O. B. T., Plantations General, Vol. 41, Page 36.] 

To Mr Major His Majesty's Chief Engraver 
of Seals. 

Pursuant to His Majesty's Order in Council dated 
the 11*?" of November last, directing you to prepare 
Draughts of New Seals for His Majesty s Plantations 
in America, according to such directions as you shall 
receive from Us, We do hereby require you according- 
ly, in preparing the said draughts for the several 
Plantations undermention'd, to observe the following 
Directions, 

In all the said Draughts you are to follow this gen- 
eral Eule, besides the particular Directions respecting 
the Seal of each Colony, that His Majesty's particular 
Arms and foreign Titles be inserted as in the Great 
Seal of this Kingdom, in order to which you are to use 
your Discretion in contracting the Words. The par- 
ticular Directions for the Draught of the Seal for each 
are as follow, 

***** 45- * -X- * 

New Jersey 

The King's Arms, Garter, Supi^orters, Motto and 
Crown with this inscription round the same, Sigilluni 
Provinciae Nostrae de Nova Csesarea in America; and 
in an outward Circle this other Inscription, Georgius 
tertms Dei Gratia Magnm Britannice. Francice, et 
Hihernice Rex, Fidei Defensor, Brunsvici et Lunehurgi 
Dux, Sacri Romani Imperii Archithesaurarius et 
Elector. 

By Order of the Lords Comm"^* for 
Trade & Pantations 

John Pownall Secretary 
Whitehall Dec!" 2^^ 1Y60 



248 AD3IIN1STUATI0N OF GOVERNOR BOONE. [17f50 



Letter from Oovernor Boone to the Lords of Trade — 
referring to the amicable proceedings of the last 
Assembly. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 8.] 

New Jersey Perth Amboy Dec 15*?" 1760 

My Lords 

I have the honour to Acquaint you that the general 
Assembly of this Province which met the Twenty 
Seventh of October after a Session of near Seven 
Weeks Ended very Amicably; I flatter myself your 
Lordships will not disapprove of my Transactions 
when I transmitt you a more Particular Account of 
our Proceedings & Copies of the different Acts that I 
have Passed, which shall be done with all Possible 
Expedition, Each under a separate Seal as I observe 
was Signified to Gov'" Bernard, The Government is 
Supported for two years, which has not been done till 
now since the year 1749. The office of Chief Justice 
is Provided for also without the Persons being named, 
as was usual. This (with some Difficulty) i obtained 
on Account of the uncertainty I am in with Regard 
to the Contest M"" Jones & M'" Morris, who lately has 
Presented me a Memorial that I Enclose your Lord- 
ships which will Excuse my Expressing an Impatience 
to Receive Your Lordships Directions in that Matter. 
I have the Honour to be with the greatest Respect 
My Lords Your Lordships most Obed^ & 
most Hum^!^ Servant. 
Tho: Boone. 



17G1] ADMINISTRATION OF GOVERNOR BOONE. 249 



Letter from Governor Boone to the Secretary of the 
Lords of Trade in relation to the defective Post 
arrangements in the Province. 

[From P. R. O., B, T., New Jersey, Vol. 9. K. 5.1 

Perth Amboy Jan-^^ 12'^ 1Y61 

[Extract.] 
Sir 

-:v * * * J mean that this should be Conveyed to 
you by the Hahfax Packet now under saihng orders, 
but by the Posts not passing either through this Place, 
or Burlington, the only two places where the legisla- 
ture is ever assembled, unless upon very uncommon 
Occasions,' I may sometimes appear tardy to their 
Lordships with all the Inclination to be otherwise; I 
have already Endeavoured by an application to L'' Bes- 
borough to Obtain an order for the Posts passing 
through here as formerly, who has been Polite Enough 
to write me a favourable Answer, but at the Same 
has referr'd it to M' Frankly n who is the very Person 
as I am told, that altered its Route, and that too upon 
some Pique; If their Lordships should think Proper to 
mention this to the Postmaster General it would un- 
doubtedly be Remedied' I am Sir 

Your most Obedient & 

most Hum''-*' Servant 

Tho: Boone. 



1 For an account of the mail and traveling facilities in New Jersey during the 
Colonial period see " Contributions to the Early History of Perth Amboy and Sur 
rounding Country," p. 207. — Ed. 

2 This extract from the Governor's letter was referred to Henry Potts, Secretary 
to the Post Master General on April 9, 1761.- -Ed. 



350 ADMINISTRATION OF GOVERNOR BOONE. [1761 



Petition of Philip Swartwout and others — Northern 
Boundar^y Dispute. 

[From New York Colonial MSS., fol. 69.1 

To the Honourable Cadwallader Golden Esq^ 
president of his majesty's Councill & Com- 
mander in chief of the province of New 
York 

The Petition of Philip Swartwout an Inhabitant 

of Ulster in the province of New York. 
Humbly Sheweth 

That your Petitioner Together with one William 
Cutteback in behalf of themselves and others Inhabi- 
tants with in this province did some time in the month 
of September in the year of our Lord one Thousand 
seven hundred and fifty nine prefer their humble Peti- 
tion to the Honourable James DeLancey Esqr late 
Lieutenant Governor and Commander in Chief of this 
province therein among other things setting forth the 
peculiar Hardships to which your Petitioner was then 
exposed by reason of the prosecution of a certain 
action of Ejectment against your petitioner in the 
Supream Court of the province of New Jersey for your 
petitioners Lands lying within this j^rovince of New 
York. 

That your Petitioner a few days before the present- 
ing of the said Petition in order to prevent the intire 
ruin of himself a,nd his family which would inevitably 
have ensued on a Eigorous Execution of the writ of 
Possession in the said Ejectment and being unjorovided 
with Council to advise him in so distressing a situa- 
tion was obliged to accept of a Lease from a person 
Claiming under a New Jersey Title a Copy of which 



1761] ADMINISTEATION OF GOVERISrOR BOONE. 351 

Lease is hereunto annexed, Conceiving such accept- 
ance to be the only means of releif, until he could re- 
sort to the Government of this province, which he 
soon after did by his abovementioned Petition, 

That such vigorous measures were taken by the said 
Honourable James DeLancey as Commander in chief 
of this province that youi- petitioner had the highest 
reason to hope for the undisturbed possession of his 
farm until a final Settlement of the Conti^o verted 
Bounds Between this province and the province of 
New Jersey, little Immagining himself to be in Danger 
from any ill use that might be made of the aforesaid 
Lease so extorted from him as aforesaid as long as 
the Government of this province should think proper 
to exercise a Jurisdiction, which in its extent would 
include your petitioners farm. 

And however notwithstanding the steps which 
were taken by the Government of this Province in 
Consequence of the aforesaid Petition, sundiy persons 
who call themselves Inhabitants of New Jersey to wit 
* * * Eandell Abraham Johnson Nathaniel West- 
fall and Nicholas Emmons forcibly seized your Peti- 
tioner being then on his faj'm within this province and 
in Virtue of a pretended writ from some court in the 
province of New Jersey (which however they refused 
to shew or give a copy of to your petitioner) They 
compelled your petitioner to go with them into Sussex 
county in New Jersey aforesaid where they threatened 
to imprison your Petition unless he would enter into 
Bond ^\dth secinity in the penal Sum of Sixteen hun- 
dred Pounds to appear at the next County Court to be 
held in Sussex aforesaid on the third Tuesday in Feb- 
ruary Instant to answer unto Jacob Westfall Simon 
Westfall and Deborah Davis: which Bond Your Peti- 
tioner dreading the miseries to which an Imprisonment 
in this rigorous season of the year would Naturally 
expose him was constrained to enter into and procure 



252 ADMINISTEATIOlSr OF GOVERN^OE BOOlSrE. [1761 

one Johannes Westbrook to be bound with him in the 
same. 

That as the said arrest was made within this province 
and the said Bond obtained of your Petitioner by 
Duress your petitioner thinks it would be a great Hard- 
ship should he be obliged to appear and make his De- 
fence in a New Jersey Judicatory in which Consider- 
ing the Nature of the Controversy he cannot Expect 
Justice will be administered to him. 

Your petitioner therefore humbly prays that your 
Honour will be pleased to take him under your Protec- 
ion and grant him such releif in the premisses as in 
your Honours superior Wisdom shall seem meet. 

And your petitioner shall ever pray &Ca 

Philip Swartwout. 

City of New York Ss; The above named Philip 
Swartwout being duly sworn Deposeth and saith 
that the matters of fact contained in the above peti- 
tion are true & further saith not. 

Sworn this day of ) ^^^^^^ Swartwout. 

February 1(()1 ) 
Before me 

Wm. Smith. 



This Indenture made this twelfth day of September 
in the Thirty third yeai- of the Reign of King George 
the Second Anno: Dom: 175!) Between Anthony Van- 
natta Esq!' of the first part And Philip Swartwout of 
the second part Witnesseth that the said Anthony 
Vannatta for the rents & Covenants herein after men- 
tioned have Demised set and to farm let unto the said 
Philip Sw^artwout all that Lot of Land that the said 
Philip Swartwout have Summer fallowed and plowed 
this year, Excepting Twelve Skeaple Sowing to be 
taken of the lore End of the plow'd Land and the said 
Phihp Swartw^out is to have twelve Skeaple' sowing 

' Schepel is Dutch for bushel.— [W. N.] 



1761] ADMIlSriSTRATION OF GOVERNOR BOONE. 253 

without paying any rent & he is to give every fourth 
Sheaf of one half he doth raise on the premisses 
and every third Sheaf he doth raise on the other half 
Excepting the said Twelve Skeaple sowing which he is 
to pay nothing for & the said Philip Swartwout doth 
hereby bind himself his heirs Executors administrators 
in the sum of Eight hundred Pounds Current Proc: 
money of N. Jersey to give Quiet & peaceable Pos- 
session of the premisses at or before the first day of 
August next ensueing. 

Sealed & Delivered in the | anthony Van Etten (l. s.) 
presence of ) 

EiCH"^ Gardner 
Simon Westfall 

(Endorsed:) 

To the Honourable Cadwallader Golden Esq' &C* 
&C^ The Petition of Philip Swartwout Complaining of 
the service of New Jersey process within this province 
of New York & praying releif. H February 1701 Read 
in Council 



Letter from President Colden of Neiv York to Gov- 
ernor Boone of New Jersey — Northern Boundary 
Dispute. 

[From New York Colonial MSS., fol. 71.] 

New York 12V' February 1761 
Sir. 

The subject of this Letter is a Complaint of one 
Philip Swartwout an Inhabitant of Orange County 
within this province contained in his Petition preferred 
to me on the 9"' Instant a Copy of which I herewith 
send Your Excellency. I am heartily sorry that the 
civil Officers of New Jersey by a fresh Invasion of the 



254 ADMINISTKATION OF GOVEKNOE BOOJSTE. [1761 

ancient and long continued Jurisdiction of this Prov- 
ince, notwithstanding the many Complaints that have 
already been made of their former Conduct and the 
repeated Attempts on our part to put a Stop to so un- 
justifiable a practice should still furnish Occasion for 
Animadversion . 

But Sir, that you may be fully acquainted with the 
merits of the Petitioners Cause it will be proper to in- 
form You that his Farm in the possession of which he 
has succeeded his Father Jacobus is one of those few 
at Minisink which now remain Subject to the Jurisdic- 
tion, and have been held under the Government, of 
this province ever since the first settlement of that 
part of the Country; the Inhabitants of many other 
Farms having by the unjustifiable Practices of the 
people of New Jersey been either persuaded or Com- 
pelled to acknowledge another Jurisdiction. Some 
time in the Year one thousand seven hundred and fifty 
five four Ejectments were Commenced in the Supream 
Court of your Province by one Cornelius Westfall 
against the petitioners Father and three other persons 
named in the other petition a Copy of which is here- 
with also sent You, Whereupon the Defendants applied 
to Council and put in pleas to the Jurisdiction of the 
Court therein alledging that the Lands sued for were 
situated within this Province. This Defence having 
laid those Causes at Eest for some Years, the Defend- 
ants had great Reason to expect that the plaintif had 
discontinued them untill some time in the Month of 
September 1750 when the Petitioner Philip Swartwout 
without the least Notice that his plea to the Jurisdic- 
tion was overruled or the Service of any Rule on him- 
self or his Council to answer over was surprized with 
a Writ of Possession and thus under a foreign Title 
and by process issuing out of a foreign Judicatory w^as 
forcibly divested of the possesion of Lands which had 
been held under the Government of this Province for 



1?G1] ADMINISTRATIOX OK GOVEENOH ROOXE. 25o 

upwards of Sixty Years. Yet unjustifiable as such 
proceedings evidently were he, to prevent the absolute 
Ruin of Himself and his Family and at that Juncture 
seeing no other Expedient would avail, was constrained 
to accept of a Lease a Copy of which is also herewith 
sent. But having submitted to this Hardship to get 
rid of those who had so unjustly divested him of the 
possession of his Estate, and his Neighbours against 
whom the other three Ejectments had been commenced 
fearing the like Treatment they preferred their petition 
already noticed to the Honourable James De Lancey 
Esq"" my Predecessor complaining of the Injury and 
praying a Redress. What steps were taken in conse- 
quence of that Application you will find by a Copy of 
the Order of the Lieutenant Governor and Council 
herewith also sent you, who justly considered the 
persons concerned in the Service of the Writ of Posses- 
sion as lawless Rioters and therefore gave Directions 
for their Apprehension. However, Sir, whether thro' 
the Neglect of our Officers or a Sense of Guilt w4iich 
put the Delinquents on their Guard none of them were 
taken and the petitioner continued in the possession of 
his Estate until lately, when on pretence of his Non 
Compliance with the Terms of the above mentioned 
Lease he was served with a Writ on his own Estate & 
consequently within the ancient and long continued 
Jurisdiction of this Province and hurried by force into 
the County of Sussex within your province where in 
Order to Escape the Miseries of a lawless Imprison- 
ment he by duress executed a Bond with Security for 
his Appearance at the inferiour Court in Sussex County 
on the Seventeenth Instant to answer to the plaintiffs 
Inhabitants of New Jersey. 

This, Sir, is a brief State of the petitioners Case, 
w*hose Residence within this province entitles him to 
my protection, while at the same time my Duty as his 
Majesty's Representative in this Government will not 



256 ADMINISTKATION OF GOVEENOR BOONE. [1761 

suffer me to overlook so notorious a Contempt of its 
Authority. 

It is presumed and doubtless with great Reason that 
while two Provinces are contending about the Extent 
of their Jurisdictions they should be left in possession 
of what from the earliest Times they have respectively 
enjoyed until the Royal Arbiter of their Differences 
shall think proj^er to pronounce the final Decision; 
Whence it is easy to conceive that his Majesty will be 
highly displeased at any presumptuous Incroachments, 
that may be made by the people of New Jersey upon 
the Jurisdiction of this Province. I therefore thought 
it ray Duty to inform you of this late Violation of the 
Rights of Government in the fullest Assurance, that 
you will be pleased to take such Measures as will be 
effectual not only for the punishment of the Offenders 
and the prevention of future Insults but also for the 
speedy Relief of the petitioner whose Attendance at 
the Sussex Court I persuade myself your Excellency 
will find means to render unnecessary. 

I wrote this by advice of his Majesty's Council for 
this Province, not doubting your Excellency will con- 
tribute everything in your power to preserve peace & 
good neighbourhood between the two provinces so 
essentially necessary for his Majesty's service and the 
wellfair of both. I am with the gi-eatest regard' 

S' 



' The last paragraph is in the handwriting of President Cadwallader Oolden him- 
self.— [B. Fernow.J 



1761] ABMINISTKATION OF GOVERNOR BOONE. 257 



Order of Council directing the Lords of Trade to pre- 
pare warrants for continuing Christopher Coates 
and Joseph Warrell in their offices of Secretary 
and Attorney General of Neiv Jersey. 

[From P. R. O. B. T., Vol. 9, K. 7.] 

At the Court at St James's the 17™ day of 
March 1761. 

Present 
The King's Most Excellent Majesty in Council 

Upon reading this day at the Board a Eepresentation' 
from the Lords Commissioners for Trade and Planta- 
tions dated the 11"* of this Instant, proposing that 
Christopher Coates EsqF Secretary of the Province of 
New Jersey and Joseph Warrell Esq'" Attorney General 
of the said Province, both of w^hom His late Majesty was 
pleased to appoint to those offices, may be continued 
in their said offices by His present Majestys Eoyal 
Appointment. — His Majesty in Council approving 
thereof is pleased to order, as it is hereby Ordered, that 
the said Christopher Coates and Joseph Warrell EsqP 
be continued in their said offices. And that the Lords 
Commissioners for Trade Plantations do cause War- 
rants to be prepared for that purpose, and lay the 
same before his Majesty at this Board for His Royal 
Approbation 

W. Sharpe 



IT 



258 ADMINISTRATION OF GOVERNOR BOONE. [1761 



Extract from a letter from Rev. David Bostivick to 
Rev. Joseph Bellamy — Death of Rev. Samuel 
Davies, fourth President of the College of Neiv 
Jersey. 

[Presbyterian Hist. Soc. Papers, Phila.l 

[After having declined the appointment of President 
of the College of New Jersey, tendered to him on the 
16th of August, 175S, Mr. Davies was finally induced to 
accept it, having been a second time elected, May 9, 
1759. He died, however, a little more than eighteen 
months afterward, February 4, 1761, at the early age 
of thirty-six. Mr. Bostwick in his letter to Mr. Bel- 
lamy, dated at New York, March 37, 1761, says:] 

Mr Davies death has struck us with astonishment, 
and spread a gloom over the whole Country. The 
loss cannot be expressed. I beheve there never was a 
College hai:>pier in its President, or in a more flourish- 
ing State. He far exceeded the expectations of his 
best friends. As you were not personally acquainted, 
you can hardly conceive what prodigious uncommon 
gifts the God of Heaven had bestowed upon that man 
to render him useful to the world. * * * His 
Sermon on the death of his late Majesty I purpose to 
Send you with this; the first impression tho' 1000, is 
gone; a Second is in the press. It was the last work 
of a pubMc nature he ever did: * - * The people 
of Philadelphia have Collected £95 per annum for five 
years, to Support his three sons at College, and Phila- 
delphia and New York have raised between four and 
five hundred pounds for the widow and two daughters, 
for he left very little Estate. 



1761'] ADMINISTRATION OF GOVERNOR BOONE. 259 



Order of Council approving of the proposition from 
the Lords of Trade pro]JOsing that Josiah Hardy 
he appointed Governor of New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 6.] 

At the Court at S?' James's the 20: 
day of march 1761 

Present 
The King's most Excellent Majesty in Council 

Upon reading this day at the Board a Eepresentation 
from the Lords Commissioners for Trade and planta- 
tions dated the 17"" instant proposing that Josiah 
Hardy Esq!" may be appointed Captain General and 
Governor in Chief of His Majesty's Province of New 
Jersey in the room of Thomas Boone Esqf His Majesty 
in Council approving thereof, is pleased to Order as it 
is hereby Ordered, That the said Josiah Hardy be con- 
stituted and appointed Captain General and Governor 
in Chief of his Majesty s said Province of New Jersey 
in the room of the said Thomas Boone Esqf And that 
the said Lords Commissioners do prepare a Draught of 
a Commission and likewise a Warrant for passing such 
Commission under the Great Seal, And that they do 
also prepare Draughts of Instruction for the said 
Josiah Hardy, and lay the same before His Majesty at 
this Board for His Royal Approbation. 

W. Sharpe 



260 ADMIKISTKATION OF GOVERNOK BOONE. [1761 



Letter from Governor Boone to the Lords of Trade in- 
forming them as to ivhat had been done in New 
Jersey toward raising an additional number of 
men for the service of the year 1761 and as to other 
matters. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 13.] 

P. Amboy April 8^." 1701 
My Lords 

I have the honour to Acquaint you that last night I 
13assed and Act for the Raising Six Hundred Effective 
Volunteers to Act under his Majesty's Commander in 
Chief, being as the Assembly deem it two Thirds of 
the Number raised in this Province last Year, but their 
Regiment w^as or ought to have been a Thousand, 
I used Repeated Efforts to Obtain the trifling addition- 
al Number but a Report prevailing that the New York 
Assembly had voted less than the Kings Requisition, 
my Endeavours were Unsuccessful; This Deficiency 
has Occasioned my dechning to Concur with them in 
an address to his Majesty upon his Accession which has 
been Customary; I thought it a little Inconsistent, to 
have his Majesty's first Requisition from this Province 
through me denied in Part & yet to Express my Satis- 
faction at their Conduct by Joining them in their ad- 
dress, it appears to me necessary to Mention this to 
your Lordships, that whilst I resent this Want of defer- 
ence to the Crown I might not be Supposed backward 
in Professing my Duty to his Majesty; I must however 
do the Province this Justice to Say that they are in 
general in extreme good Temper, & I have promised 
to Set their Conduct in as favorable a light as I can 
consistently with Truth. I have also passed another 
act to Obviate Doubts that might arise about the Valid- 
ity of oLir Acts passed since the Demise of his late 



1761] ADMINISTKATION OF GOVERNOR BOOXE. 361 

Majesty, to Continue the Assembly for Six Months 
upon such an Event, & to render the Ordinance for 
the Estabhshment of Courts durable, unless abohshed 
by proper Authority. Your Lordships will I hope find 
this Act Carefully drawn, you are too well Acquainted 
with our Debt in this Province, & the Manner of Eais- 
ing Money for the Kings Service, for me to dv^ell on 
this Subject I must beg your Lordships however to 
Eecollect, that every Shilling given by Pai'liament to 
this Colony or to be given, was appropriated before my 
arrival here, I flatter myself you will think I have 
done well, in having the Money now Voted laid upon 
the five years the least loaded, & approve of my having 
Strenuously opposed, & positively refused their Pro- 
posal of protracting the time for their sinking this 
Debt beyond the Term I found their other Debts Ex- 
tended to. Your Lordships shall have these several 
Acts as soon as possible. I have the honour to be My 
Lords 
Your most Obed** & most Humble Servant 

Tho: Boone 



Letter from Governor Boone to Secretary Pitt — relatiwj 
to the action of the Assembly of New Jersey. 

[From P. R. O. America and West Indies, Vol 73.J 

Perth Amboy New Jersey April 8*'' 1761 
Sir 

Immediately on the Receipt of your Triplicate of the 
17*-' of Dec' I called together the Assembly of this 
Province, & Communicated to them his Majesties 
Commands, & I now have the Honour to Acquaint 
you that they have granted Six Hundred Effective Men 
as two thirds of the Number they Raised last year, 



363 ADMINISTRATION OF GOVERNOR BOONE. [1761 

but their Regiment last year was or ought to have 
been a Thousand, I used Repeated Efforts to Obtain 
the trifling additional Number without Avail; What 
has been done was with Chearfulness, & though I 
thought it Inconsistent to Concur w4th them in an ad- 
dress to his Majesty as they have not fully come up to 
the Kings Requisition, I have dismissed them in good 
humor 

1 have the Honour to be Sir with the greatest Respect 
& deference 

your most Obedient & most Hum^^® Servant 

Tho: Boone 



Order in Council approving a Conimission for Josiah 
Hardy, Esq., to be Governor of New Jersey. 

[From P. R. C, America and West Indies, Vol. 105. 1 

At the Couet at S^ James's the 14"^° 
^^ DAY OF April 1761 

Present 

The King's most Excellent Majesty in Council 

Whereas the Lords Commissioners for Trade and 
Plantations have this day laid before His Majesty at 
this Board (pursuant to His Majestys Order for that 
purpose) a Draught of a Commission prepared by them 
for Josiah Hardy Esqf to be Captain General and Gov- 
ernor in Chief of the Province of New Jersey, together 
with a Warrant for His Majestys Royal Signature for 
passing the said Commission under the Great Seal of 
Great Britain. — Which Draught of a Commission being 
in the usual form.— His Majesty was pleased with the 



1761] ADMIN^ISTEATION OF GOVERNOE BOONE. 263 

advice of His Privy Council to approve thereof, and to 
order, as it is hereby ordered, that the Right Honour- 
able William Pitt Esqf one of His Majestys Principal 
Secretarys of State do lay the said Draught of a Com- 
mission and Warrant (which are hereunto annexed) 
before His Majesty for His Royal Signature. 

Hen Fane 



Letter from Charles Boone to the Lords of Trade 
Ijraijing that his brother, Governor Boone, tie al- 
lowed to visit England before going to assume the 
government of South Carolina. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 10.] 

April 16^'' ITGl 

John Pownall Escf 
Sir 

It being very necessary for my Brother M' Thomas 
Boone to return to England on account of his private 
affairs before he goes to the Government of South 
Carolina; to which his Majesty has been graciously 
pleased to appoint him, I humbly beg you would move 
the Lords Commissioners of Trade & Plantations, to 
obtain his Majesty's Royal Permission for that purpose: 
in doing which you will very much oblige 
Sir Your most Obed* H".^" Ser' 

Chas: Boone 



•^lU AnMINlSTU ATION OV OOYF.HNOK UOONK. Il7(il 



]\epresc)itatiou to his Majesty rclatiuy to the (h'spntc 
betweeu ^h\ Jo)ivs aud Mr. 3ton^isfor the qtficc of 
Chief Justice i)/ the t^roriiice of New Jersey. 

I From r. R. O. U. T . Now Jersey. Vol. 17, ivijje 3-i.) 

To the King's most Excelloiit ^Tnjosty. 

3fai/ it please your Majesty, 

Having in Onr Innnblo representation dated the 1 7. 
of June last, laid before His late Majesty a State of 
the claim set up by Hubert Hunter Morris Es(]'. to 
resume the Ottiee of chief Justice of the Province of 
New Jersey (to which he was formerly appointed) in 
opiH>sition to tlie I\ight of Nathaniel Jones Esq"" whom 
His late Majesty was pleased to appoint to that C)tlice 
in June IToO: And having lately received froni 
Tliomas BoiMie Esq' Conunander in Chief of that 
Province, a Copy of a IMemorial presented to him by 
the said W Morris, setting forth the Grounds on which 
lie thinks himself entitled to resume the Seat of Chief 
Justice, and praying that the matter may be deter- 
mined by trial at Law in the Courts of Justice there, 
We think it Our Duty humbly to lay before your 
Majesty the annexed Copy of the said Memorial, and 
of the Letter in which M'" Boone transmitted it to Us, 
to the End that your ]\rajesty, being fully informed of 
the whole State of the case, may he graciously pleased 
to give such directions as shall appear ex})edient and 
necessaiy, for bringing to a proper and speedy deter- 
mination, a J\Iatter, which is productive of nnich con- 
fusion in the Province, great Oifhculty to your 
Majesty's Governor, and great hardship to the said 
W. Jones. 

Which is most humbly submitted 
Sandys Andrew Stone 

SoAME Jenyns Ed. Bacon 

John Yokke 
Whitehall April IT. 1701 



1761] ADMIKISTRATION OF GOVERNOR BOONE. 265 



Letter from, Henry Potts, Secretary to the Post Master 
Ge7ieral, to Secretary Pownalt, inclosing a letter 
from Benjamin Franklin, Joint Dejnity Post 
Master General in North America, relating to the 
Post Routes in New Jersey. 

[From P. R. O. B. T., New Jersey, Vol. 9, K, 11. | 
GrENERAL PoST OFFICE 29^'' April 1761. 

John Pownall Esq'" 

Sir, 

Having laid your Letter of the 9*.'' Instant, with the 
Extract inclosed from Thomas Boone Esq: Governor 
of New Jersey, before His Majesty's Postmaster Gen- 
eral: I have Their Commands to send you, in return to 
His Excellency's Proposed Alteration of the route of 
the Post through that Province, a Copy of the report 
I have received, from Mi' Franklin our Joint Deputy 
Postmaster General of North America, upon that Sub- 
ject, which you will be pleased to communicate to the 
Lords Commissioners for Trade & Plantations. 
I am, Sir Your most obedient 

humble Servant. 

Hen. Potts, Sec?' 



Letter from Benjamin Franklin, Deputy Post 
Master General. 

Cravensw^eet April 23'' 1761 

To Henry Potts Esq 

Sir 

In obedience to the Commands of His Majesty's 
Postmaster General, signified to me by you, I have 
considered Governor Boone's Letter to My Lord Bess- 
borough & the Extract of his Letter To John Pownall, 



366 ADMINISTRATION OF GOVERNOR BOONE. [1761 

Esq, Secretary to the Board of Trade, containing a 
Complaint of some Inconveniency to him arising from 
"the Posts not passing thro' Perth Amhoy and Bur- 
"Kngton (the Route estabhshed by Act of ParUament) 
"in their way between Philadelphia and New York"; 
and alledging, that "thro' this Omission it has hap- 
"pened and may happen again that Dispatches 
"received by him from the Plantation Office could not 
"be answered by the first Pacquet, whence he may 
"sometimes appear tardy to their Lordships with all 
"the Inclinations to be otherwise, &c" 

It is true that the Post Route was thro' the Towns 
of Burlington and Amboy in New Jersey, before & at 
the Time of making the Act of Queen Anne for Estab- 
lishing the Post Office, and therefore those Towns 
were mentioned in the Act so far as to settle the rates 
of Postage between them and the Cities of New York 
Philadelphia; but it has never been understood that 
the Route was established by such mention of those 
places, or that the Act bound the Post Office to con- 
tinue the Posts in any Route then used, if one better & 
more Convenient could be found. Nor indeed would 
such Restraints in an Act of Parliament relating to 
America, be of utility, but the Contrary, For our first 
settlements there being near the Sea, the first Roads 
are of course along the Coast where interrupting 
Waters from Bays & Inlets are more frequent, and 
Rivers wider and more difficult of Passage; but in 
Process of Time, as the People settle farther back & 
clear the upland Country, more convenient Roads are 
found, the Bays and Inlets avoided, & the InteiTuj)tion 
of Ferries less frequent, as many Rivers are foi-dable 
up the Country that cannot be cross'd near their 
Mouths but in Boats, 

Something like this has been the Case with regard 
to the Old and New Roads thro' the Province of New 
Jersey, As soon as the New Road in 'the upper parts of 



1761] ADMINISTRATION OF GOVERNOR BOONE. 267 

that Province was open'd Travellers between Philadel- 
phia & New York began gradually to abandon the old 
Road, which was not so convenient; and after some 
time, on an Application made to Col. Spotswood, then 
Deputy Postmaster General, the Post Route was also 
chang'd from the old Road to the New. 

This Change was made about Thirty Years ago and 
some Years before I had any Concern in the Office; 
but as it was a Matter much talk'd of at the time, I 
remember well the Reasons that were given for the 
Change which were these, viz. 

That the Ferry over the River Delaware from Bristol 
to Burhngton, to be pass'd in travelhng the old Road, 
was a Mile and half wide, and in Winter often incum- 
bered with Ice, so as greatly to delay the Post. That 
the old Road, from Burhngton to Amboy was for 50 
Miles chiefly a heavy loose sand, very fatiguing to the 
Horses: That being thro' a barren Country, it was not 
well inhabited, nor the Inns weU supply'd with Pro- 
visions: That being less travelled than formerly, there 
was not the same Care taken to provide suitable Ac- 
comodations for Travellers, so that no Gentlemen 
passing between New York and Philadelphia tho' 
desirous of riding Post, could well travel with him: 
That this gradual disuse of the Road occasion'd less 
Care to be taken of the Bridges which were often out 
of Repair, so that in Rainy Seasons crossing the Brooks 
& Branches of Rivers became dangerous and sometimes 
impracticable to the great delay and Injury of Travel- 
lers: That the Ferry over to Amboy necessary to be 
pass'd on this Road, was near two Miles wide, being 
at the Mouth of Raritan River, and often so rough 
from high Winds, or so incumbered with Ice as to be 
impassable for many Hours, to the great Delay of the 
Post as weU as other Travellers; and after the Post 
was got to Amboy, he had still three large Ferries to 
cross between that Place and New York, viz tlie Ferry 



268 ADMINISTEATION OF GOVERNOR BOONE. [1761 

over to Staten Island, the Ferry from Staten Island to 
long Island 3 Miles wide, and the Ferry from Long Is- 
land to New York; in all which Places the Ferrymen 
were generally very dilatory and backward to carry 
the Post in bad Weather, availing themselves of every 
excuse, as they were by Law to receive no Ferriage of 
him. On the other Hand, the new Road was over 
better Ground & kept in better Repair; there were 
every where good Accomodations at the Inns; Dela- 
ware River was to be cross'd at Trenton and Raritan 
River at Brunswick, where they were both narrow, 
and the latter fordable at Low Water; and the People 
at Elizabeth Town Point, undertook voluntarily to 
have a stout Boat always ready to carry the Post & his 
Company directly to New York, by which the three 
last mentioned Ferries were avoided. 

The Change being accordingly made the Post went 
no more thro' — Burlington & Amboy; but those 
Places on that Account suffered very little Inconven- 
iency; For an Office was still continued at each of them; 
and their Letters sent over to proper Places on the 
New Post Road, to be carried forward by the Post; 
and this was easy to do, it being only cross the Ferry 
from Burlington to Bristol, thro' which the Post goes; 
and but 4 Miles from Amboy to Woodbridge thro' 
which he also goes. And the Letters for Burlington 
were in like manner sent over to that Office from 
Bristol, & those for Amboy sent to that Office from 
Woodbridge. Tho' the Letters to and from each Place 
by Post were always extreamly few, as they are Towns 
of little or no Foreign Trade, the chief Dealing with 
Amboy being with New York, & that of Burlington 
with Philadelphia, to and from which Places Boats 
are going almost every day, by which they always 
chose to send their Letters, even when the Post pass'd 
thro' them. On the other hand, two other large & 
thriving Towns, who make much more use of the Post, 



1761] ADMINISTRATION OF GOVEKNOK BOONtl. 2G9 

are accomodated by it on the New Road, viz. Trenton 
& Brunswick; not to mention Prince Town where a 
College is lately erected, Woodbridge & Elizabeth 
Town, thro' all which Places the new Road passes, 
and where Offices have been long establish'd. 

It is now near 24 Years that I have been concern'd 
in the Management of the Offices between Philadel- 
phia and New York, and in all that time have had no 
Complaint made to me of Inconvenience from the 
Posts continuing the Route I found them in. And I 
must own myself at a Loss to conceive the difficulty 
Governour Boone mentions of his Corresponding regu- 
larly with the Board of Trade, and that "Dispatches 
" receiv'd from their Lordships could not be answered 
"by the first Pacquet, thro' the Posts Omission of 
"Burlington & Amboy in their Route." His Excel- 
ency resides at Amboy, & the Letters for him which 
arrive at New York in the Pacquet, must be forwarded 
to him at farthest within three Days, as the Post goes 
from New York twice a Week and passes within 4 
miles of Amboy at Woodbridge, where the Governor's 
Letters are left, and sent to him immediately by a 
special Messenger from the Office there, The Post 
returns twice a Week from Philadelphia to New York, 
and passing thro Woodbridge, takes up and carries 
forward any Letters left there. The Pacquet stays at 
New York at least 20 days, aud During that time the 
Post passes 6 times thro' Woodbridge to New York, 
and would carry forward any Letters the Governor 
should lodge at Woodbridge for tliat purpose. And if 
he happens to be at Burlington with his Assembly, the 
Post passes equally often thro' Bristol (within a Mile 
& half of him only just cross a Ferry) whei'e it can- 
not be much Trouble to send his Letters. So that on 
the whole I am persuaded it must appear, when duly 
consider'd, that his Excellency's Want of Punctuality 
in his Correspondence with their Lordships cannot 
justly be charg'd to the Account of the Post Office. 



270 ADMINISTRATION OF GOVERNOK BOONE. [1761 

M' Barnard, immediate Predecessor of Governor 
Boone tho' he also liv'd at Amboy, made no Complaint 
of this kind that I ever heard of. Nor did the next 
preceding Governor Belcher, tho' he liv'd great Part of 
his time at Bm^-lington The Governors of New Jersey 
have sometimes livxl on the New Eoad, at Trenton 
and at Elizabeth Town; and as there is no fix'd Place 
of Residence for Governors in that Province, future 
Governors may happen to chuse some of the Towns 
on the new Road; so that if the Post Route were 
chang'd to Gratify Governor Boone, the next Gover- 
nor might desire to have it back again. And I appre- 
hend that the Delays formerly experienced so fre- 
quently in the Detention of the Post by the wide Fer- 
ries in Winter, would if the old Route was resum'd, 
occasion great Dissatisfaction to the Governors of 
Pensilvania, New York & New England, who as well 
as the Merchants of their great Trading Tovvns would 
probably remonstrate warmly against it. 

Nevertheless, if His Majesty's Postmaster General 
should upon the whole think fit to order the old Route 
to be resum'd, and the new one with all the Offices so 
long established u{)on it to be drop't it is my Duty to 
carry their Orders into Execution, which I shall do 
with great Readiness and Fidelity. I am Sir 

Your most Obedient humble servant 

B Franklin 



Commission of Josinh Hardy to be Governor of New 

Jersey. 

[From Book AAA of Commissions, in Secretary of State's Office, Trenton, fol. 349.] 

George the Third by the Grace of God of Great 
Britain France & Ireland King Defender of the Faith 
&c. To our Trusty and Well Beloved Josiah Hardy 
Esquire Greeting 



1761] ADMINISTRATION OF GOVEENOK BOONE. 271 

Whereas our late Royal Grand Father of Blessed 
Memory did by bis Letters Patent under the Great 
Seal of Great Britain Bearing date at Westminster the 
Fourteenth day of January in the Thirty Third year of 
his Reign Constitute and Appoint Thomas Boone 
Esquire to be Captain General it Governor in Chief in 
and over our province of INova Ceesarea or New Jersey 
in America for and during his late Majestys Will and 
Pleasure as by the said recited Letters Patent Relation 
thereunto being had may more fully and at large ap- 
pear Now know you that We have Revoked and de- 
termined and by these Presents do Revoke and deter- 
mine the said Recited Letters Patents and every Clause 
Article and thing therein Contained A7id further 
know you that We Reposing Especial Trust & Confi- 
dence in the prudence Courage and Loyalty of you the 
said Josiah Hardy of our Especial Grace certain 
know^ledge and meer Motion, have thought fit to Con- 
stitute and appoint and by these Presents do Constitute 
and Appoint you the said Josiah Hardy to be our Cap- 
tain General & Governor in Chief in and over our 
Province of Nova Ceesarea or New Jersey (to wit) the 
Divisions of East and West New Jersey in America, 
which We have thought fit to Reunite into One Prov- 
ince and Settle under one Government A7id We do 
hereby Require and Command you to do and execute 
all things in due manner, that shall belong unto our 
said Command and the Trust We have Reposed in you 
according to the several Powers and directions Granted 
or Appointed you by this present Commission and the 
Instructions and Authorities herewith Given You, or 
by such further Powers Instruction & Authorities as 
shall at any time hereafter be Granted or Appointed 
you under our Signet and Sign Manual or by an Order 
in our Privy Council and according to such Reasonable 
Laws and Statutes as are now in force or hereafter 
shaU be made and Agreed upon by you with the Ad- 
vice and Consent of our Council and the Assembly of 



273 ADMINISTRATION OF GOVERNOR BOONE. [1761 

our said Province under your Government in such 
manner and form as is hereafter Expressed 

[The remainder of the Commission being similar to 
that given to Governor Boone, it is deemed unneces- 
sary to insert it. It closes as follows:] 

A7icl We do hereby Declare Ordain and Appoint that 
you the said Josiah Hardy shall and may Hold Exe- 
cute and Enjoy the Office and Place of our Captain 
General and Governor in Chief in and over our Prov- 
ince of Nova Ceesarea or New Jersey together with 
all and singular the Powers and Authorities hereby 
Granted unto you for and during our Will & Pleasure 
In Witness whereof We have caused these our Letters 
to be made Patent Witness ourself at Westminster 
the Fourth day of May in the First year of our Reign. 

By writ of Privy Seal. 

YOKKE & YORKE. 

This Commission was Published at Perth Amboy on 
the 29th day of October 1701 And at Burlington on 
the 31st day of the same Month. 




Representations to His Majesty from the Lords of 
Trade, tvitli Drafts of General Instructions, and 
tJiose relating to Trade, for Josiah Hardy, Gover- 
nor of New Jersey, May 0, 1761. 

I From P. R. O. B. T.. New Jersey, Vol. 17. p. 3C.] 

To the King's most Excell* Majesty 

May it please your Majesty 

In Obedience to Majesty's order in Council dated the 
20 of March last We have prepared Draughts of Gen- 
eral Instructions and of those which relate to the 
Observance of the Acts of Parliament for the encour- 



1761] ADMINISTRATION OF GOVERNOR BOONE. 273 

agement and regulation of Trade and Navigation, for 
Josiah Hardy Esq!", whoom your Majesty has been 
pleased to appoint Captain General of the Province of 
New Jersey. In which Dra*? We have made no altera- 
tions from the Instructions given by his late Majesty 
to Thomas Boone EsqF late Governor of the said Prov- 
ince, except only in the following particulars. 

In the first Article of the present Draught of General 
Instructions, We have inserted the Names of twelve 
persons, who were all appointed by His late Majesty 
to be of His Council in this Province. 

At the end of the 27^^ Article of the s'^ Draught, We 
have added some words (as in the hke Article of the 
Instructions which We lately prepared for the Gover- 
nor of the other Provinces on the Continent of North 
America) directing the Governor to discourage and 
restrain all attempts that may be made to set up any 
such Manufactures or Trades as are or may be preju- 
dicial to the Commercial Interests of this Kingdom. 

In this Draught of General Instructions We have 
omitted, as in the others which we have lately pre- 
pared, all such Articles of the former Instructions as 
appeared to Us to have become useless and unnecesary, 
the purposes for which they were formerly given, hav- 
ing been sufficiently provided for, by the Laws of the 
Province, namely the 35 Article, for the Security of the 
Life, limb and property of the Subject; the 36, direct- 
ing proofs to be sent with prisoners to this Kingdom; 
& the 37*!' for resti'aining inhuman Severities towards 
Servants and Slaves. 

The Draught of Instructions relative to the observ- 
ance of the Acts of Parliament for the Encouragement 
and regulation of Trade and Navigation is exactly con- 
formable to the Instructions given by His late Maj- 
esty, for the like purposes, to the Governor of this and 
18 



274 ADMINISTRATION OF GOVERNOR BOONE. [1761 

other your Majesty's Provinces on the Continent of 

North America. 
All which is most humbly submitted 

Sandys Edmund Thomas 

Andrew Stone John Yorke 
SoAME Jenyns Ed. Bacon 



histructions to Our Trusty & Wellbeloved Josiah 
Hardy Esq"" Our Captain General and Governor in 
chief in and Over Our Province of Nova Ca^sarea or 
New Jersey in America, Given at Our Court at S* 
James's the Thirtyeth Day of June 1761. in the first 
Year of Our Reign, 

[These instructions being, with a few alterations, 
the same as those given to Governor Bernard, it is 
considered unnecessary to insert them, in full. Only 
such as are altered, or are additional, are here given.] 

1^' With these our Instructions you will receive Our 
Commission under Our Great Seal of Great Britain, 
Constituting you Our Captain General and Governor 
in chief in and over Our Province of New Jersey, you 
are therefore with all convenient Speed to repair to 
Our said Province, and being there arrived you are to 
take upon you the Execution of the place and trust 
We have reposed in you, and forthwith to call together 
the members of Our Council in and for that Province 
Viz* Robert Hunter Morris, Ew'I Antill, James Hude, 
Andrew Johnston, Peter Kimbold, Richard Saltar, 
David Ogden, Lewis Ashfield, Samuel Woodruff e Esq""-^ 
Wilham Alexander Esq' claiming to be Earl of Stir- 
ling, Charles Read, &"- John Smith Esq""-^ 

********* 

22 Whereas Acts have been passed in some of Our 
Plantations in America for striking Bills of Credit and 
issuing Out the same in lieu of Money, in order to dis- 
charge their publick Debts & for other purposes from 



1701] ADMlNISTEATION OF GOVERNOE BOONE. 275 

whence several inconveniences have arisen, It is there- 
fore Our Will & Pleasure, that you do not give your 
Assent to or pass any Act in Our said Province of New 
Jersey, under your Govei-nm* whereby Bills of Credit 
may be struck or issued in Heu of money without a 
clause to be inserted in such Act declaring that the 
same shall not take effect until the said Act shall have 
been approved of and confirmed by Us Our Heirs and 
successors, And it is Our /mother Will & Pleasure 
that you do not give your assent to or pass any Act 
in Our said Province of New Jersey, under yom* Gov- 
ernment for payment of Money either to you the Gov- 
ernor or to any Lieut. Governor or Commander in 
Chief, or to any of the Members of Our Council or to 
any other person whatsoever except to Us Our Heirs 
and Successors, without a clause be Ukewise inserted 
in such Act, declaring that the same shall not take 
effect until the said Act shall have been approved and 
confirmed by Us Our Heirs or Successors. 

* * * * ***** 

27"" You are not [are to] Examine what rates & Duties 
are charged and payable upon any goods exported and 
imported within Our said Colony whether of the Growth 
or Manufacture of the said Colony or otherwise an,d 
you are to suppress the engrossing of Commodities as 
tending to the prejudice of that freedom which Trade 
and Commerce ought to have, and to use your best 
endeavours in the improving the Trade of those parts 
by settling such Orders and regulations therein, with 
the advice of Our said Council, as may be most ac- 
ceptable to the generahty of the Inhabitants, and it is 
Our Express Will & Pleasure, that you do not upon 
any pretence whatsoever, upon pain of Our highest 
displeasure, to give your assent to any Laws for set- 
ting up any Manufactiu^es and carrying on any Trades 
which are hurtfuU and prejudicial to this Kingdom, 
and that you do use your utmost endeavors to dis- 



^76 ADMINISTKATION OF GOVERKOR BOONE, [1761 

courage discountenance & restrain any attempt which 
may be made to set up such Manufactures or Estabhsh 
any such Trade. 

* -;:- * * * * * * * 

[Sections 35, 36 and 37 of the instructions to Gov- 
ernor Bernard are omitted in the instructions to Gov- 
ernor Hardy.] 

***-;{■***** 

54. It is Our Will and Pleasure that you do not 
dispose of any Forfeitures or Escheats of any person 
untill the Sheriff or other proper Officer have made 
enquiry by a Jury upon their Oaths into the true value 
thereof, nor untill you shall have transmitted to the 
Commissioner of Our Treasury & to Our Commis- 
sioners for Trade and Plantations, a particular Account 
of such forfeitures and Escheats and the value thereof, 
and shall have received Our directions thereupon. 
And you are to take care, that the produce of the said 
forfeitures and Escheats, in case We shall think proper 
to give you directions to dispose of the same, be duly 
paid to Our Receiver General of the said Province, and 
a full account transmitted to the Commissioners of 
Our Treasury or Our High Treasurer for the time 
being and to Our Commissioners for Trade & Planta- 
tions, with the names of the persons to whom disposed. 
And provided that in the Grants of all forfeited and 
Escheated Lands there be a clause obliging the Grantee 
to plant and cultivate three Acres for every Fifty 
within three years after the passing such grant, in 
case the same was not so planted & cultivated before 
and that there be the proper savings & reservations of 
quit Eents to Us, Our Heirs and Successors, 



176J] ADMINISTRATION OF GOVERNOR BOONE. 277 



Letter from Cajjt. William Skinner to his brother, 
Cortlandt Skinner, at Perth Amhoy — giving an 
Accoimt of the Assault and landing upon the is- 
land of Belle Isle on the Coast of France, by the 
English Forces under Generals Hodgson, Craiv- 
ford and Rufane, and Commodore Keppell. 

[From the Whitehead Manuscripts.] 

Belle Isle y* Si'"^ May, 1761. 
Dear Cortlandt 

I think in my last letters to you, I acquainted you 
that I was going upon an Expedition to the East Indies, 
but was agreeably Surprised when we Anchored in 
Belle Isle Road. Our Army consisted of about 0000 
men, mariners included under the Command of Gen- 
erall Hodgson, Generall Crawford & Rufane, the Navy 
under the Command of Commodore Keppell. On the 
8"' of April we made an attempt to land, but were re- 
pulsed with the loss of about 400 men Killed, wounded 
and taken prisoners, which added to the natural 
Strength and innumerable fortifications in every 
part of the Island where there seemed to be the least 
possibility of landing, made every body imagine it im- 
possible to make our landing good. Despatches were 
immediately sent home with an account of our bad 
success, but before we got an answer to that Express, 
we made another attempt on the 2;>'' of April and 
made good our landing with the loss of about 300 men, 
and 400 of the Enemy. Our principal attack was in- 
tended to be made at Fort Andrew with the Choice of 
our troops, undei' the Command of General Crawford; 
another body of men Consisting of Beauclerk's Gren- 
adiers, 5O0 of our Reg\ Grey's and Stewart's Indepen- 
dents, and about 5(>0 Mariners, under the Command 
of Col. Lambert, were designed to make a feint at an- 
other part of the island. Col. Lambert did me the 



278 ADMINISTRATION OF GOVEENOR BOONE. [1761 

honor to give me the Command of the first division 
that landed, in vt^hich I succeeded with the loss of about 
300 men; we were opposed by about 500 men, who, 
if they had behaved as they ought to have done, might 
have killed every man of us, for we were obhged to 
scramble up an Eminence, while the Enemy were upon 
the top of the hill, discharging their pieces at us and 
pelting us with stones; however, we succeeded in our 
landing and drove the Enemy before us. 

The, General did me the honor of thanking me in 
public for my behaviour, and mentioned me to Mr. Pitt, 
and has promised me that if a Vacancy of Lieut. Col. 
happens, he will recommend me to the King for it. 
We have since made our approaches and opened our 
batteries of 32 pounders this morning in order to make 
a breach, but our wise Engineers have been mistaken 
in their distance, and find it impracticable till we get 
200 yards nigher; till then we shall do nothing. We 
have a line of Circumvallation about the Citadel, so 
that not a man can come out, and hope in about ten 
days time we shall be in possession of it. We have 
lost since we came to the Island near 900 men, & the 
French 1000, which reduces their number to 1.200 by 
the accounts of deserters. This is all that has happen- 
ed since we landed, excepting an unlucky accident 
that happened to General Crawford who was taken 
prisoner in a sortie the Enemy made upon our lines in 
a dark night; but they met with so warm a reception 
that they have not attempted it since. 

We are alarmed here with a report that the Spaniards 
have assisted the French with 12 sail of the line, in or- 
der to relieve this place, but how true it is we do not 
know. * "'"• * 

BeHeve me to be your ever Affectionate brother 

William Skinner. 

P. S. Lest you should not have heard of my promo- 
tion, I mention it now. I am Major to the R. Volun- 
teers. 



1761] ADMINISTRATION OF GOVERNOR BOONE. 379 



Letter from Governor Boone to the Lords of Trade, 
transmitting two public and tivo private acts of 
the Netv Jersey Assembly — had declined issuing 
new commissions to the government officers. 

[From P. R. 0., B. T., New Jersey, Vol. 9, K. 15.] 

New Jersey P. Amboy June 5*^ 1761 

My Lords 

I have the honour now to Send you the two Publick, 
& two private Acts of Assembly which I passed last 
Sessions, & which in my letter of the 8"' of April I G-ave 
your Lordships an Account of; after having waited 
the Printing them I was under necessity of Causing 
them to be Copied, as the different Acts by the setting 
of the Press run into one another, & rendered It im- 
possible for me to Affix separate Seals, this has been 
the Occasion of the Delay: I have the Honour also to 
Send your Lordships the Copies of the Minutes of 
Council & Assembly, & beg leave to Inform your 
Lordships that I have been applied to, to Issue here 
Commissions to the Respective officers, particularly to 
the Inferior Judges of the Supream Court, & to the 
Attorney General whose office is of little or no value, 
& his conduct during my administration Irreproach- 
able; I declined however doing anything in these 
matters till they were on the self same footing as 
my self 

I have the honour to be with the utmost 
Deference & Respect My Lords 

Your Lordships most Obedient & most 
Hum^'.'^ Servant 

Tho: Boone. 



380 A-DMINISTRATION OF C40VERN0R BOONE. [1761 



Commission of Josiah Hardy to he Vice- Admiral of 
New Jersey. 

[From Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 355.] 

George the Third by the Grace of God of Great 
Britain France and Ireland King Defender of the 
Faith &c. To onr Beloved Josiah Hardy Esq. our 
Captain General & Governor in Chief of our Province 
of Nova Ceesarea or New Jersey in America Greet- 
ing We confiding very much in your Fidelity Care 
and Circumspection in this behalf do by these Presents 
which are to Continue during our Pleasure only. Or- 
dain Constitute and depute you the said Josiah Hardy 
Esq. oui' Captain General & Governor in Chief afore- 
said our Vice Admiral Commissary and deputy in the 
Office of Vice Admiralty in our Province of Nova 
Ceesarea or New Jersey aforesaid and Territories 
thereon depending and in the maritime parts of the 
same & thereto adjoiuing whatsoever with power of 
Taking and Receiving all and every the Fees profits 
Advantages Emoluments Comodities and Appurte- 
nances whatsoever due and belonging to the said 
Office of Vice Admiral Commissary and deputy in our 
said Province of Nova Ceesarea or New Jersey and 
Territories dependant thereon and Maritime parts of 
the same, and adjoining to them whatsoever accord- 
ing to the Ordinances and Statutes of our High Court 
of Admiralty of England. Aiui we do hereby Commit 
and Grant unto you the aforesaid Josiah Hardy Esq. 
our Power and Authority in and throughout our 
province of Nova Ceesarea or New Jersey aforemen- 
tioned and Territories thereof and Maritime parts 
whatsoever adjacent thereto, and Also throughout all 
and every the Sea Shores, Public Streams Ports, Fresh 



1761] ADillKISTRATIOX OF GOVERNOR BOONE. 381 

Waters, Rivers, Creeks, and Arms as well of the Sea 
as of the Rivers and Coasts whatsoever of our said 
Province of Nova Ceesarea or New Jersey and Terri- 
tories dependant thereon and Maritime parts whatso- 
ever of the same and thereto adjacent as well within 
Liberties and Franchises as without To take Cogni- 
zance of and proceed in all causes Civil and Maritime, 
and in Complaints Contracts Offences or Suspected 
Offences, Crimes Pleas, Debts Exchanges, Accounts, 
Charter Parties, Agreements, Suits, Trespasses, In- 
juries, Extortions, & Demands, and Businesses Civil 
and Maritime whatsoever Commenced or to be Com- 
menced Between Merchants or between Owners and 
Proprietors of Ships and other Vessels and Merchants 
or others Whomsoever with such Owners and Proprie- 
tors of Ships and all others Vessels whatsoever Em- 
ployed or Used within the Maritime Jurisdiction of 
our Vice Admiralty of our said Province of Nova 
Ceesarea or New Jersey and Territories depending on 
the same, or Between any other persons whomsoever 
had made Began or Contracted for any matter thing 
Cause or Business whatsoever done or to be done 
within our Maritime Jurisdiction aforesaid, together 
with all and singular their Incidents, Emergencies, 
Dependencies annexed or Connexed Causes whatsoevei' 
wheresoever or howsoever, and such Causes Com- 
plaints Contracts and other the Premises abovesaid 
or any of them which may happen to Arise be Con- 
tracted had or done to hear and determine According 
to the Rights Statutes Laws Ordinances and Customs 
Antiently Observed. 

[It is unnecessary to give the Commission in full, 
as it is. in all respects, similar to that given to Gover- 
nor Boone which may be found at page 195. It con- 
cludes as follows:] 

Given at London in the High Cornet of our Admiralty 



382 ADMINISTEATION OF GOVERNOR BOONE. [1761 

of England aforesaid under the Great Seal thereof, the 
Thirteenth day of June in the year of our Lord One 
Thousand Seven Hundred & Sixty One, and of our 
-Eeign the First. 

*' '' * 

I ^'^ ° ( GoDP. Lee Farrant 

•< Admiralty V -r-. • i 

I Of England.) Register. 

^ .^ ^* 

The above Commission of Vice Admiralty was Pub- 
lished at Perth Amboy, the 2t»th day of October 1761, 
And at Burlington in said Province the 31st day of the 
same Month. 



Bepresentatiou of the Lords of Trade to the King with 
the names of such persons as were thought proper 
to he inserted in the Commissions for trying 
pirates. 

[From P. R. O. B. T., Plantations General, Vol. 41, page 73] 

June 16^*^ 1761 
To the Kings most Exc* Majesty 

May it please Your Majesty 

In obedience to Your Majesty's Order in Council 
dated the 8"' instant. We beg Leave humbly to lay 
before Your Majesty the Names of those Persons which 
We conceive proper to be inserted in the Commission 
to be pass'd under the Great Seal, for trying all such 
Pirates as are or shall be taken in any of Your 
Majesty's Plantations, as also which of those Planta- 
tions may be fitly comprehended within each Com- 
mission. 

********* 

Commissioners for New York, New Jersey, Penn- 
sylvania & Connecticut. 



1761] ADMINISTRATION OF GOVERNOR BOONE. 383 

Robert Monckton Esq' Captain General & Governor 
in Chief of Your Majesty's Province of New York and 
Territories depending thereon in America, or the Gov- 
ernor or Commander in Chief of the said Province for 
the time being. 

Josiah Hardy Esq- Captain General and Governor in 
Chief of Your Majesty's Province of New Jersey, or 
the Governor or Commander in Chief of the said 
Province for the time being. 

The Proprietaries and Governors of the Province of 
Pennsylvania for the time being. 

The Vice Admirals of New York, New Jersey, Penn- 
sylvania & Connecticut for the time being. 

The Flag officers or Commanders in Chief of such 
Squadron or Squadrons of Your Majesty's Ships of 
War, as shall happen to be within the Admiralty 
Jurisdiction of New York, New Jersey, Pennsylvania, 
& Connecticut respectively for the time being. 

Cadwallader Colden Esq'' Lieutenant Governor of the 
said Province of New York for the time being. 

Thomas Pownall Esq- Lieutenant Governor of the 
Province of New Jersey, or the Lieutenant Governor 
of the said Province for the time being. 

The Governor of the Colony of Connecticut for the 
time being. 

Cadwallader Colden Archibald Kennedy, Daniel 
Horsmanden, George Clarke, Sir William Johnson, 
John Chambers, William Smith, John Watts, William 
Walton, Josiah Martin, Oliver Delancey, and Benjamin 
Pratt Esquires, Members of Your Majesty's Council in 
the Province of New York, during their being of Your 
Majesty's said Council, and the IMembers of Your 
Majesty's Council in the said Province for the time 
being. 

Robert Hunter Morris Edward Antill, James Hude, 
Andrew Johnson, Peter Kimbold, Richard Saltar, 
David Ogden, Lewis Ashfield, Samuel Woodruff, 



38-i ADMINISTRATION OF GOVERNOR BOONE. [1761 

William Alexander, claiming to be Earl of Stirling, 
Charles Read, and John Smith Esquires, Members of 
Your Majesty's Council in the Province of New Jersey, 
during their being of Your Majesty's said Council, and 
the Members of Your Majesty's Council in the said 
Province for the time being. 

The Chief Justice in the Province of New York for 
the time being. 

The Chief Justice in the Province of New Jerssy for 
the time being. 

The Judge or Judges of the Vice Admiralty in their 
Provinces of New York, New Jersey, Pennsylvania, 
and Colony of Connecticut for the time being. 

The Captain & Commanders of Your Majesty's Ships 
of War within the Admiralty Jurisdiction of the 
Provinces of New York, New Jersey, Pennsylvania 
and the Colony of Connecticut for the time being. 

The Secretary of the Province of New York or his 
Deputy for the time being. 

The Secretary of the Province of New Jersey, or his 
Deputy for the time being. ' 

The Receiver General of Your Majesty's Revenue in 
tlie Province of New York for the time being. 

The Surveyor General of Your Majesty's Customs in 
America for the time being. 

The Collectors of Your Majesty's Plantation Duties 
in the Provinces of New York New Jersey & Pennsyl- 
vania and the Colony of Connecticut, pursuant to An 
Act passed in the 25*." of King Charles the 2? for the 
better securing the Plantation Trade, for the time 
being. 

All which is most humbly submitted 

Sandys 

SoAME Jenyns 
John Yorke 
Andrew Stone. 



1761] AD.MINISTKATION OF (40VERN0K BOONE. 285 



Order' in Council approving the Draft of Instructions 
for Josiah Hardy, Governor of Neiv Jersey. 

[From P. R. O., America and West Indies, Vol. 105.] 

♦--'* At the Court at S?^ James's the 25™ 
r'" \ June 1761 

Present 

To the Kings Most Excellent Majesty in 
Council. 

Upon reading at the Board a Eeport from the Right 
Honourable the Lords of the Committee of Council for 
Plantation Affairs dated the is'." of this Instant in the 
words following, viz? — "' In Ohedience io Q.n Ovdev in 
Council of the 16'3' of tliis Instant referring to this 
Committee a Report of the Lords Commissioners for 
Trade and Plantations, together with Draughts of Gen- 
eral Instructions and also of those which relate to the 
Observance of the Acts of Parliament for the Encourage- 
ment and Regulation of Trade and Navigation, pre- 
pared by the said Lords Commissioners pursuant to 
Your IVCajestys Order in Council of the 20^' of March 
last, for Josiah Hardy Esq^ whom Your Majesty has 
been pleased to appoint Captain General and Gover- 
nor in Chief of the Province of New Jersey — The Lords 
of the Committee this day took the said Report and 
Draughts of Instructions into their Consideration, and 
do find, That in the said Draughts, The said Lords Com- 
missioners have made no Alterations from the Instruc- 
tions given by His late Majesty to Thomas Boone Esq' 
late Governor of the said Province, except only in the 
following Particulars— That in the first Article of the 
present Draught of General Instructions they have in- 



386 ADMlNISTEATlON OF GOVERNOR BOONE. [1761 

serted the names of Twelve Persons, who were all ap- 
pointed by His late Majesty to be of the Council in this 
Province. That at the End of the 2TV' Article of the 
said Draught they have added some Words (as in the 
like Article of the Instructions which they lately pre- 
pared for the Governors of other Provinces on the 
Continent of North America) directing the Governor 
to discourage and restrain all Attempts that may be 
made to set up any such Manufactures or Trades as 
are or may be prejudicial to the Commercial Interests 
of this Kingdom. That in this Draught of General 
Instructions they have omitted, as in the others which 
they have lately prepared, all such Articles of the for- 
mer Instructions as appeared to have become Useless 
and unnecessary, the purposes for which they were 
formerly given having been sufficiently provided for 
by the Laws of the Province namely, The 35V' Article 
for the Security of the Life Limb and Property of the 
Subject, The 36".' directing Proofs to be sent with Pris- 
oners to this Kingdom; and the 37*^ for restraining in- 
human Severities towards Servants and Slaves. And 
that the draught of Instructions relative to the Observ- 
ance of the Acts of Parliament for the Encouragement 
and Regulation of Trade and Navigation, is exactly 
conformable to the Instructions given by His late Maj- 
esty for the like purposes, to the Governor of this and 
other your Majestys Provinces on the Continent of 
North America The Lords of the Committee upon 
mature Consideration of the said Draughts of lustruc 
tions, and of all the aforementioned Alterations and 
Additions are of Opinion, that tlie same were not only 
proper but necessary to be made therein. And do there- 
fore agree humbly to lay the said Draughts before 
Your Majesty for Your Royal Approbation." 

His Majesty this day took the said Report into Con- 
sideration and was pleased, with the advice of His 
Privy Council, to approve thereof, and also of the said 
Draughts and Instructions so amended and altered. 



1761] ADMINISTRATION OF GOVERNOR BOON!:. 287 

and to order, as it is hereby ordered, that the Right 

Honourable William Pitt Esq' one of His Majestys 

Principal Secretarys of State do lay the same before 

His Majesty for His Royal Signature. 

F Vernon. 



Address of the House of Representatives to Governor 
Boone, complimenting his administration^ etc. 

I From P. R. O. New Jersey, B. T. Vol. 35.] 

Burlington, July 7, 1761 

May it please Your Excellency, 

We, His Majestys Dutiful and Loyal Subjects, the 
Representatives of New Jersey, in General Assembly 
Conven'd v^ithout delay, have Taken into Consideration 
the providing for a Number of men to be Inlisted, 
pursuant to the Expectation of His Excellency General 
Amherst, and done therein according to his desire, in 
Confidence of their being Discharged at the time 
Limited. 

Tho' we Could not be sufficiently assured, that the 
Number we provided for last Spring, Considering the 
Extream Scarcity of men among us. Could be Raised, 
it is with pleasure we now Receive the information 
your Excellency has given us, that the Regiment is no 
[so ?] near Compleated; We have not in the Course of 
this War been Remarkable for Defficiencies; We 
Entered into the Service with the View of giving our 
best Assistance, and with hopes of future Security, we 
have, tho' deeply in Debt, Continued our Endeavours: 
And as the Salutary prospect of a General peace Seems 
at Hand, notwithstanding we have had, and must here, 
after Struggle with heavy Taxes, when the Important 
point of Security against French Perfidy and Savage 
Cruelty, is Obtained, We doubt not of their being paid 



288 ADMIJ^ISTRATION OF GOVERNOR BOONE. [1761 

with Chearfulness, and the Occasion Eetained with 
grateful Admiration. 

If Common Report may be Credited, this is hkely to 
be the last Address to your Excellency; unsolicited by 
any Applications, It may, we preaume, be unexpected; 
yet permit us to Remark, That as we have asked 
nothing of you unbecoming his Majesty's Representa- 
tive to grant. You have refused us nothing we have 
Asked. If it is Honourable to distinguish an Admin- 
istration, not only unsullied, but publickly kind and 
benevolent, such an Administration as yours Demands 
our grateful acknowledgements; The Shortness of the 
time you have been among us is an Objection not in 
our power to Remedy: on your Successor therefore 
must Remain our further hopes, whom we shall be 
happy to find Equally Succeeding to our Wishes. 
By order of the House 

Samuel Nevill Speaker. 



Answer of Governor Boone to the foregoing address. 

LFrom P. R. O. New Jersey, B. T. Vol. 25.J 

Burlington July 7, ITOl 

Gentlemen, 

You have given a fresh Instance of your Duty to the 
Crown, and Readiness to Promote His Majestys 
Measures by so Chearful and Speedy Compliance with 
General Amherst's Requisition nor will your Confidence 
be Abused. 

A Common Report Gentlemen has been productive 
of a very kind Compliment to me, I have dischaiged 
my duty faithfully, and am particularly happy that a 
Conduct which I have pursued without Difiiculty 
should be looked upon by you with Approbation. 

Tho: Boone 



1761] ADMINISTRATION OF GOVERlSrOR BOONE. 289 



Crown Rules and lusfructwns to be observed by the 
Receivers Genercd of the several colonies in A^ner- 
ica. 

[From P. R. O. B. T. Plantations General, No. 15, Q. 17.] 

Treasury Chambers 24*'' July 1701 
John Pownall Esq^ 

Sir, 

By direction of the Lord's Commissioners of his Maj- 
estys Treasury I send the inclosed Memorial from the 
Auditor of the Plantations with a draught of Instruc- 
tions proposed by him to be sent to the several Receivers 
of the Kings Revenue in America. My Lords are not 
without some doubt upon the matter of these Instruc- 
tions as affecting the Interest of the Colonies, and they 
desire the Lords Commissioners for Trade and Planta- 
tions will be pleased to consider the same and acquaint 
my Lords with their Opinion how far this draught is 
fit to be carried into Execution I am 

Sir Your very humble Servant 
Sam^ Martin 
(Enclosure Indorsed) 

Auditor Generals Memorial x>raying the annexed in- 
structio may be sign'd by His Majesty & by their 
Lordships and made fixed and standing instructions 

Read IV" July 1761 referred to y' Board of Trade. 



To The Eight Hon^!'' The Lords Commission- 
ers of his Majestys Treasury 

May it }olease your Lordships 

Whereas by a Clause in my letters patent I am di- 
rected to lay before your Lordships such observations 

as may appear to me to have a tendency to the benefitt 

19 



290 ADMINISTRATION OF GOVERNOR BOONE. [1761 

and improvement of his Majestys revenues I take the 
Liberty to lay before your Lordships the two inclosed 
papers of instructions marked (No 1 & No 2) which I 
am of opinion cannot fail of having a beneficial effect 
with regard to the well regulating and improving the 
management of his Majestys revenues, those marked 
No 1, are instructions that upon an application ft'om 
my Predecessor in office were sign'd by his Majesty 
King George the first and made standing rules orders 
and instructions for the Receiver General of the Casual 
revenues in the Island of Barbadoes and the Leeward 
Island but were never sent to any of the Colonys and 
Provinces on the Continent of America, Now as the 
Casual Revenue has been but little attended to in the 
Provinces on the Continent and may be likely to be 
entirely lost I humbly offer them to your Lordships 
consideration and request your Lordships interposition 
that the same may be not only renewed for the Island 
of Barbadoes and the Leeward Charibbee Islands but 
may be also made out & sent likewise to every Prov- 
ince and Colony of the Continent of North America 
provided they meet with your Lordships Approbation. 
The paper marked No. 2 are instructions for the 
Receivers General in the Colonys which I have framed 
with great consideration and with advice & informa- 
tion as to the Law points & which I am of opinion 
will greatly tend to the service of his Majesty and the 
improvement of his revenues & therefore hope if they 
are approved by your Lordships that your Lordships 
will order them to be made out & prepared for his 
Majestys signature & sent to every Colony in North 
America I am my Lords with the 
most profound respect your Lords 

most obedient and most humble Servant 
R"*"" Cholmondeley A. G. A. 
Auditor's Office 25'" June 1701 



^761] ADMINISTRATION OF GOVERNOR BOONE. 391 

(No 1) Orders rules & instructions which our 
pleasure is shall be observed by the Eeceiver 
General for the time being of our Casual 
Revenues within our Island of Barbadoes 
& by all other our Officers concerned for 
the managing recovering & improving 
thereof! 

Imprimis That although it is to be understood that 
our said Casual Ee venues cannot in all cases be de- 
scribed by particular denominations yet we order & 
direct that all moneys revenues or effects under the 
foUov^ing denominations shall be esteemed & taken 
as our Casual Kevenues and received and accounted 
for by our Receiver General thereof for the time being 
& by no other person or persons whatsoever, that is to 
say, all ffhies fforfeitures Amerciaments penaltys 
Escheats & costs of suit happening or arising in any 
of our Courts of Judicature whatsoever within our 
said Island, or before any of our civil Magistrates 
there, & estreated certifyed or sent into our said 
Courts or any of them to be levyed & recovered for 
our use, also all moneys or effects arising for our part 
or share in uncustomed and prohibited goods seized 
and condemned, or by the seizure & sale of Ships & 
Vessels condemned and forfeited for unlawfuU trade 
and importations, and likewise all moneys or effects 
belonging to Pyrates that are or shall be seized and 
condemned, and our Officers and Ministers concerned 
are hereby strictly charged and commanded to take 
care that the revenues before enumerated & all other 
our casual Revenues be put within the charge of our 
said Receiver, and accounted for by him & by no other 
person whatsoever 

Secondly. Our said Receiver is hereby commanded 



292 ADMINISTEATION OF GOVEENOR BOONE. [1761 

to use his utmost diligence and attention in the exe- 
cuting of the said Office and to be carefull to inform 
himself from time to time of our rights & dues with 
respect to any the casual Eevenues described or not 
described as aforesaid, and as they shall be adjudged 
& become legally due to demand in our name the 
receipt & payment thereof, and in case the partys 
chargeable refuse neglect or delay payment to apply 
in our name to our Governour Judges Attorney Gen- 
eral or any other our Officers or Magistrates concerned 
to aid & assist him in the recovering & levying thereof 

Thirdly That in order to our said Keceivers being 
better enabled to sue for and recover all arrears that 
are due or any money or effects that shall from time 
to time become due to us for our said Casual Revenue 
our said Receiver is hei'eby authorized & required to 
employ such Sollicitor as shall be aj)pointed in this 
behalf by us or by our High Treasurer or any three or 
more of our Commissioners of the Treasury for the 
time being, and our said Receiver is hereby impowered 
to pay to such Sollicitor, so to be appointed, for his 
service pains and trouble in solliciting prosecuting and 
recovering our said Revenue after the rate of 4 f' Cent 
for & upon all moneys to be actually received by him 
and charged on his account, and we do hereby direct 
that the same be allow'd to our said Receiver General 
by the Auditor of our said Revenue or his Deputy on 
his account. 

Fourthly In case of apparent neglect delay or indif- 
ference of any of our Officers in giving their aid & 
assistance for recovering and levying the aforesaid 
rights of the Crown, our said Receiver is hereby 
directed to represent the same from time to time to 
the Governour of our said Island, who is hereby also 
directed to use all lawfnll authority for redressing the 
same, and also to the Auditor of our Plantations, who 
is hereby directed to lay the same before oui' High 



1761] ADMINISTRATION OF GOVERNOR BOONE. 293 

Treasurer or Commissioners of our Treasury for the 
time being in order to his or their being fully apprized 
of the behaviour of the officers concerned in the man- 
agement of our said Revenue, 

Fifthly Our said Receiver is hereby directed & im- 
powered to allow and pay reasonable fees to any the 
Officers v^ho are or shall be aiding & assisting, or by 
v^hose means any of our said Casual Revenues shall be 
recovered and paid to him, & the same shall be allov^ed 
in his account by our Auditor of the Plantations or 
his Deputy Provided the said fees be such as our 
Attorney General there shall have allowed, and to 
that end our said Attorney General is hereby required 
to setle & adjust a table of fees to be paid for the pur- 
poses aforesaid, which table of fees our pleasure is 
shall be first approved by us & be entered in our said 
Auditor or his Deputy's Office, and to be hung up and 
affixed in such publick place or places as shall be 
thought necessary for the information of all persons 
concerned. 

Sixthly. Our said Receiver is hereby also directed & 
impowered to allow and pay unto the Discoverers of 
any concealed rents Revenues Escheats or other rights 
of the Crown hereby declared and appointed to be 
within his receipt a reward after the rate of 5 ^ Cent 
upon and out of all clear moneys after all costs and 
charges deducted, that shall come and be paid into the 
hands of om' said Receiver by means of such dis- 
coverys, and we do hereby direct that the same be 
allowed by our said Auditor or his Deputy in the said 
Receivers accounts Provided the Discoverer with our 
said Receiver do first come to the Office of our said 
Auditor or his Deputy, & there enter in a book to be 
kept for that purpose the import of such discoverys, 
so as the said Auditor or his Deputy may be judges of 
the probability of our being advantaged by the dis- 
coverys made before we are engaged in any expence or 
vexatious suits about the same. 



294 ADMINISTRATION OF GOVERNOR BOONE. [1761 

Seventhly. The proper Officers of any of the Courts 
of our said Island respectively are hereby directed to 
transmit a particular account of all fines forfeitures 
Amerciaments and escheats or of any other branches 
of our said Casual Eevenue decreed & adjudged to us 
in any of our said Courts to our said Auditor or his 
Deputy in order to our said Receivers being duly 
charged therewith. 

Eighthly. Our said Receiver is hereby directed at the 
end of every month to deliver into the office of our 
said Auditor or his Deputy a list or schedule signed by 
himself of all moneys or effects had & received by him 
within & for such month, expressing therein under 
distinct columns, the day when received, of whom, 
upon what account, and the sums, so as our Auditor 
or his Deputy may from time to time be apprized of 
our Revenues in the hands of our said Receiver, & of 
the ways & means by which they arise, and our said 
Receiver is hereby also directed at the end of every 
twelve months or at Michaehnas yearly to give into 
the Office of our said Auditor or his Deputy his account 
for such year; which account our said Auditor or his 
Deputy is to examine and pass in the form such 
accounts have used to be passed & that without delay, 
and we do hereby direct that our said Receiver shall 
be allowed on such his years account after the rate of 
six ^ Cent for and upon all moneys actually received 
by him & charged in such accounts in consideration of 
his service pains & charges in executing the said Office 
of Receiver, and we do hereby also direct that our said 
Auditor for his services pains & charges in examining 
and passing the said accounts & otherwise employing 
his care about recovering & managing the said revenues 
shall have and receive an allowance after the rate of 
five ^ Cent upon all moneys actually received as 
aforesaid. 

Lastly. Our pleasure is that our Orders rules and 



17G1] ADMINISTRATION OF GOVEKNOK BOONE. 295 

instructions be entered in all Courts Offices and 
places in our said Island where or before whom any 
our Revenues hereby meant to be taken in charge by 
our said Receiver shall arise or happen, so as all our 
Officers and Ministers concerned without being particu- 
larly named may be acquainted therewith, and take 
notice of our pleasure, and conform themselves sever- 
ally thereunto in all other things accordingly. Given 
at Court at Kensington the 12*?" day of September 1721 
in the 8"' year of our Reign 

By his Majestys Command 

R Walpole 
Geo Baillie 
R Edgcumbe 



(No 2) Orders, Rules and Instructions to be 
observed by the Receivers General of the 
several Colonys and Provinces in North 
America 

1^' You are in Conjunction with the Deputy Auditor 
for the time being, to use your utmost endeavours to 
form an exact and compleat Rent Roll of his Majesty's 
Quit rents, and as the same cannot be done without 
extraordinary Trouble and Expence in taking Extracts 
from Records in Pubhck Offices and County Courts, 
of all Grants and mesne Conveyances of Lands here- 
tofore Granted and Conveyed, proper Consideration 
shall be had for such Service, as has been done in such 
Cases in other Colonies. 

2.'.' The better to enable you to carry on the Service 
relative to his Majesty's Lands, you are required per- 
sonally or by your Deputies at all times to attend the 
Land Office on Granting of Lands. 

3'! You are every six months or oftener to call upon 
the proper Officers of the Courts of Justice for exact 



396 ADMINtSTEATlOX OF GOVEKNOR BOO]SrE, [l76l 

Dockets of all flfines and fforfeitures imposed by such 
Courts, and to call upon the Sheriffs and proper Offi- 
cers for the money levied by them accordingly, in all 
which Cases the Judges of the respective Courts are to 
interpose their Authority for the Service of the 
revenue. 

4*!' You are to take the same Measures with regard 
to the Courts of Admiralty in Cases of Seizures and 
Condemnations, where the Forfeiture is to the Crown, 
and to take Care that the same be accordingly paid 
over to you, and properly accounted for in the Audi- 
tors Office. 

5*!' That no undue preference may be given by you 
in payment of the Officer's Salaries, you are to take 
care to pay all Salaries in due proportion to the money 
in your Hands, and the same rule to be observed in 
payment of their Arrears And where payments of 
Quit rents cannot be made in Gold or Silver rated ac- 
cording to the <;"' of Queen Ann In receiving Quit rents 
and the Kings dues in paper money in place of Gold 
and Silver. You are at all times to keep up to the 
Valuation of Gold and Silver as fixed by the said Act 
of Parliament receiving and paying in Paper money 
what is bona fide in all payments adequate to so much 
Gold and Silver. 

6'!* Whereas it is absolutely necessary for his Maj- 
esty's Service, that you as well as the Deputy Auditor, 
be authorized to act as Justices of the Peace through- 
out the Province you are therefore to apply to the 
Governor to nominate you accordingly Justice of the 
Quorum, in Case you are not already so nominated. 

1'^^ And, for the better Collecting his Majesty's rents, 
you are to know that you may distrain not only upon 
the particular Lands, for which the Quit rents are iue, 
but also upon all other Lands of the Kings Debtor 
within the Province whether the same are held imme- 
diately under the King's Grant or otherwise. 



1761] ADMINISTRATION OP GOVEENOR BOONE. 29*? 

8*1* Where no distress is to be found, and the Tenant 
in Arrear lives out of the Province, the Lands them- 
selves, or any other Effects w^ithin the Province, are 
liable to be taken in Execution for the Debt — ^The Ten- 
ant in Arrear for Pent Living within the Province, 
his person, as well as Lands become liable by w^ay of 
debt. 

9*^ Whe7'eas for want of a Court of Exchequer in 
North CaroHna, the usual and legal process at Common 
Law cannot Issue in Cases of Intrusion on his Maj- 
esty's Lands, Concealment of rents, Escheats, and 
many other Cases relative to his Majesty's prerogative 
Rights and Revenues, You are therefore in all such 
Cases to apply to his Majesty's Attorney General for 
Redress, through the Jurisdiction incident to the 
Court of Chancery in such Cases by way of Informa- 
tion or Bill, in his Majesty's behalf as his Attorney 
General shall, according to the nature of the Case 
Advise. 

10'^'' And altho' it be understood that the said casual 
revenue cannot in all Cases be described by particular 
denominations, yet it is ordered and directed, that all 
Monies, Revenues or Effects under the following de- 
nominations shall be Esteemed and taken as such His 
Majesty's Casual Revenues, and received and accounted 
for by the said Receiver General thereof for the time 
being, and by no other person or persons whatsoever 
That is to say. All Fines, Forfeitures, Amerciaments, 
Penalties, Escheats and Costs of Suit happening or 
arising in any of the Courts of Judicature whatsoever 
in the said province, or before any of the civil Magis- 
trates there, and Estreated, Certified, or sent into the 
Courts, or any of them, to be levied and recovered for 
his Majesty's Use, also, the monies or effects, arising 
for his Majesty's part or share in uncustomed or pro- 
hibited Goods seized and condemned or by the Seizures 
and Sales of Ships and Vessells condemned and for- 



298 ADMINISTRATION OF GOVERNOR BOONE. [1761 

felted for unlawful Trade and Importations, and like- 
wise All Vessells, Monies or Effects whatsoever, be- 
longing to the Enemy taken and condemned to his 
Majesty's Use as lawful Prize also all Monies, Vessells 
or Effects taken from Pyrates that shall be taken and 
condemned, together with all Monies arising by way 
of Quit-rents or by way of Right money or Considera- 
tion money, or under whatever Denomination, whether 
by way of Quit rents or Fine and Consideration money, 
for his Majesty's Lands in the said province. And all 
his Majesty's Officers and Ministers, the Governor, as 
well as others, are hereby strictly charged and com- 
manded to take Care that the revenues before enumer- 
ated, and all other the Kings Casual revenue whatso- 
ever, be put within the Charge of the said Receiver and 
accounted for by him accordingly. 

11*.'' Yoii are to use your utmost diligence and atten- 
tion in the Executing of the said Office and to be care- 
full to inform yourself from time to time of his 
Majesty's Rights and Dues with respect to any of the 
casual revenue described or not described as aforesaid 
and to demand in his Majesty's name the Receipt and 
Payment thereof, and in Case the parties chargeable 
refuse, neglect or delay payment, to apply to the Gov- 
ernor, Judges, Attorney General, or any other his 
Majesty's Officers concerned to aid and assist you in 
recovery and levying thereof. 

12"/ In Case of apparent neglect delay or indiffer- 
ency in any of his Majesty's Officers in giving their 
aid and assistance for recovering and levying the 
aforesaid Rights of the Crown, You are hereby directed 
to represent the same from time to time to the Gover- 
nor, who is hereby directed to use all lawfull Author- 
ity for redressing the same, and also to our Auditor 
of the plantations, who is hereby directed to lay the 
same before the Lords Commissioners of the Treasury 
for the time being, in order to their being fully apprized 
of the behaviour of the Officers concerned therein. 



1761] ADMINTISTKATION OF GOVERNOR BOONE. 399 

13':" These Orders, Rules and Instructions, together 
with such other Instructions as may heretofore or 
hereafter be given for the Service of the Revenue to 
be entered in All Courts, Offices and Places in the said 
province, where or before whom any of his Majesty's 
Revenues hereby meant to be taken in Charge by the 
said Receiver, shall arise and happen so as that All his 
Majesty's Officers and Magistrates concerned, without 
being particularly named may be acquainted there- 
with, and take care to conform themselves severally 
thereunto in all things accordingly. Given at &c. 



Letter from Governor Boone to the Lords of Trade, 
informing them that an Act had Ijeen passed for 
continuing a jjart of the Neiv Jersey Regiment-) 
and that he had suspended Mr. Antill, one of the 
Council. 

[From P. R. O. B. T. New Jersey, Vol. 9, K, 16.] 

P. Amboy July 28'!' 1761 

My Lords 

Since my last of the 5"' of June, Gen^ Amherst found 
it Necessary to apply to me, in order that a Proportion 
of the Regiment of this Province might be Continued 
during the Ensuing Winter, when his Majesty's Regu- 
lar Forces may Possibly be absent; I called therefore 
the assembly, & they came to an Immediate Resolve 
that the Number required. Sixty Four Private Men & 
two officers, should be Continued till No':'" 1'^ 1702 un- 
less sooner discharged; in the Providing for the men 
the Season of their Service has been Considered, & 
proper Clouthing not forgot; An Act passed without 
any fresh Emission of Money, for these Purposes, to 
which any Money that is Actually, or may Come into 
the Treasury is made Kable: I have great Reason to be 



300 ADMINISTRATION OF GOVERNOR BOONE. [1761 

Satisfied both with the Readiness and Manner of the 
Assembly's Coming into this measure, but the Act it- 
self is of such an unnecessary length that it is Impos- 
sible for me as yet to transmit it to your Lordships; 
neither have I as yet got the Minutes of the Assembly, 
those of the Council I have the honour to Enclose you, 
by which your Lordships will Perceive that I have Sus- 
pended M' Antill for non Attendance as A Member of 
the Council, I wish this Example may be of Service, it 
appeared to me Necessary, & cannot be hurtfull. I 
have the honour to be with great Respect 
My Lords Your Lordships 

most Obedient & most hum^'!*' Servant 

Tho: Boone. 

P. S. Since writing the above I have procured print- 
ed Copies of the Minutes of Assembly, & the Act 
passed in our last Session, which I have the honour to 
Enclose Aug'' 5"' 1701. 



Letter from Governor Boone to the Lords of Trade — 
giving an account of the seizure and condemnation 
of a vessel and cargo engaged in illicit trade. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 17.1 

Perth Amboy New Jersey Aug'* 30"' 1701 

Mij Lords 

I have deferred making your Lordships acquainted 
with my Proceeding against a vessel concerned in an 
Illegal trade, till the trial in the (Jourt of admiralty 
was over, & till I could at the same time Communicate 
the Judgement that was given yesterday, by which 
the Vessel a Brigantine belonging to New York, her 
Tackle, apparell, and Furniture, and one Hundred & 
Fifty Seven Hogsheads of Brandy, twenty one Tierces 
of do. Fifty four cags or Anchors of Geneva, ten 



1761] ADMIKISTRATION OF GOVERNOR BOONE. 301 

tierces, & ten Barrels of Starch were declared forfeited, 
& the Master of the Vessel adjudged to have Incurred 
the Penalty of one Hundred Pounds Sterling pursuant 
to the Act which Inflicts the same. 

It gives me a sincere pleasure to have Succeeded in 
making so publick an Example of a Vessel, engaged 
in a trade equally Injurious to the fair dealer, & the 
mother Country, and it is a considerable addition to 
my Satisfaction to my Satisfaction, that I have sur- 
mounted those difficulties which Every Governor must 
Encounter, who Engages in a Cause of this kind, in a 
Country where a false humanity for the delinquents 
(Occasioned perhaps by the too general prevalence of 
the trade itself) renders the procuring voluntary testi- 
mony almost Impossible. It appears by the Custom 
house Books of New York, which I have caused to be 
searched, that this vessel about a year ago cleared out 
of that Port immediately for Hamburgh with a load of 
Sugar by a certificate from this Port of Perth Amboy, 
her owner Ensured at New York her return there, she 
took on board at Hamburgh besides the goods actually 
Condemned East India goods Tea &c. The Master and 
Mate Acknowledged in an Examination to which sub- 
mitted voluntarily, to have broke Bulk, & the verry 
goods taken out of the Vessell were actually seized at 
N. York, and yet notwithstanding this, they claimed, 
stood trial & by paying some Evidence, & Eemoving 
others, they made the matter so doubtfull, that upon 
an application from them to the Attorne}^ Gen^ for a 
Compromise, I was induced to make them an offer, if 
they would withdraw their Claim & suffer publick 
Condemnation, they might depend on my word that I 
would relinquish the Intire Proportion, which the Act 
of Parliament allots Governors; this they have accord- 
ingly done and I have the honour to Acquaint the 
Lords Commissioners of the Treasury of this transac- 
tion. I Promise myself your Lordships approbation 



302 ADMlNISTRATIOJSr OF GOVEKN^OR BOOiSTE. [1761 

of my Zeal in this affair, which I have carried through 
singly, & from which I am not to derive the least 
pecuniary Benefit, unless your Lordships do me the 
Honour of Recommend me to the Lords of the Treas- 
ury as not undeserving the King's Third, a Favour 
which his Majesty is sometimes most graciously 
pleased to Confer on Governors even in less particular 
Cases. I have been thus Explicit in order to give your 
Lordships a Sketch of the Disadvantages we labour 
under in the Exercise of this Part of our Duty, to 
which your Lordships wisdom may possible suggest a 
Remedy. I have the honour to be My Lords with 
Utmost Respect 

Your Lordships 
most obed' & most Hum^J'' Servant 

Tho: Boone. 

P. S. I beg leave to Acquaint your Lordships that 
the Kings Third, for which I have presumed to SolUcit 
your Lordships interposition in my Behalf, will scarce 
Amount to above Six Hundred Pounds. 



Representation from the Lot^ds of Trade to the King, 
tvith a draft of Instnictions to Governors of the 
Colonies, relative to the alteration in tlie praijers 
for the Royal Family. 

[From P. R. C, B. T., Plantations General, Vol. 41, p. 122.] 

To the King's most Excell* Majesty. 

May it please Your Majesty, 

In Obedience to Your Majesty's Order in Council of 
the 11':' instant, directing Us to prepare Draughts of 
Instructions proper to be sent to the Governors of 
Your Majesty's Plantations in America for an Altera- 



1761] ADMINISTRATION OF GOVERNOR BOONE. 303 

tion in the Prayers for the Royal Family, We here- 
with humbly lay before Your Majesty the Draughts of 
such Instructions as We conceive proper on this 
Occasion for Your Majesty's Royal Signature. 
Which is most humbly submitted 

Sandys 
Ed: Thomas 
Andrew Stone 
Sept"^ 16: ITGI John Yorke 



Instruction to Our Trusty and Wellbeloved 
Arthur Dobbs Esquire Our Captain Gen- 
eral and Governor in Chief in and over 
Our Province of North Carolina in Ameri- 
ca.^ Given at Our Court at S^ James the 

day of 1761 in the Year of 

Our Reign. 

Whereas we have been pleased by Our Order in 
Council of the llV Day of Septr instant, to declare Our 
Pleasure, that in the Morning & Evening Prayers in 
the Litany & in all other Parts of the publick Service 
as well in the occasional Offices as in the Book of 
Common Prayer where the Royal Family is appointed 
to be particularly pray'd for, the following Form of 
Words should be used viz' Our Gracious Queen Char- 
lotte Her Royal Highness the Princess Dowager of 
Wales and all the Royal Family Our Will and Pleas- 
ure therefore is, that in all the Prayers Litanys & Col- 
lects where the Royal Family is prayed for, and which 
are used within Our Province of North Carolina under 



' A like instruction was sent to the Governors of Georgia, South Carolina, Vir- 
ginia, New York, New Jersey, Massachusetts, New Hampshire, Connecticut, Rhode 
Island, Pennsylvania, Maryland, Nova Scotia, Barbadoes, Jamaica, Leeward 
Islands, Bermuda, Bahamas, Quebec, Montreal, Cape Breton, Guadaloupe. 



304 ADMINTSTBATIOK OF GOVERN^OR BOONE. [1761 

Your Government the same Form and Order of Words 
be used as follows viz* Our Gracious Queen Charlotte 
Her Eoyal Highness the Princess Dowager of Wales 
and all the Eoyal Family And for the better Notice 
hereof in Our said Province, It is Our further Will 
& Pleasure that you cause the same to be forthwith 
published in the several Parish Churches and other 
Places of Divine Worship within our said Province, 
and that you take Care that due Obedience be paid 
thereto accordingly. 



Letter from Governor Boone to the Secretary of State 
— Conyratulatious on the King's h/teiided marriaye. 

[From P. R. O. America and West ludies. Vol. 73.] 

P. Amboy N. Jersey Sept 21'.' 1761. 

Sir 

I have this day the Honour of Keceiving your Noti- 
fication of his Majesty's Eesolution to Demand in Mar- 
riage the Princess Charlotte Sister of the Duke of 
Mecklenburg, & the Extraordinary Gazette published 
on that Occasion; I beg leave Sir to Join my Congrat- 
ulations to you, with those of the most DutifuU of his 
Majesty's Subjects, upon this Joyfull Event, and I 
have the honour to be with the Utmost Eespect 
Sir Your most Obedient 

& most Humble Servant 

Tho: Boone. 



1761] ADMIISriSTKATION OF GOVEENOK BOONE. 305 



Letter from Governor Boone to the Lords of Trade, 
informing them that he had received leave of ab- 
sence before proceeding to South Carolina but 
would not avail himself of it at jjresent. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 19.] 

N. York NovT 24"^ 1761 
Original Oct. 20*.^ from The Jerseys 

My Lords 

I have the honour to Acquaint your Lordships that 
though it is two months since I received his Majesty's 
leave of Absence, yet my Inclination to deliver this 
Government to my Successor in its Present State of 
Harmony, & the doubtfuU Situation of S? Carolina to 
which the King has been most graciously pleased to 
promote me, have Prompted me Entirely to wave 
making use of his Majestys Permission to go to Europe 
however detrimental this resolution may be to my pri- 
vate affairs: My Zeal for his Majesty's Service will 
not, I hope be unacceptable to your Lordships & I 
presume to promise myself your favourable Interposi- 
tion, if hereafter in less troublesome times my health 
or private Business should render a second application 
for his Majesty's Indulgence Necessary 

I have the Eonour to be with the gi^eatest Kespect, 
My Lords 

Your Lordships most Obedient 

& most Humble Servant 

Tho: Boone, 

The L".' Commissioners for Trade &' 



20 



306 ADMINISTRATION OF GOVEKNOR BOONE. [1761 



Letter from Secretary Pownall to James West, Secre- 
tary to the Lords Commissionei^s of the Treasury, 
enclosing a copy of Governor Boone\s letter of 
August 30, relating to the seizure of a vessel en- 
gaged in illicit trade. 

[From P. R. O. B. T. New Jersey, Vol 17, p. 120.] 

Whitehall Nov' lo: IKU 

To James West Esq'" Secretary to the Lords 
Commissioners of the Treasury. 

Sir, 

I am directed by the Lords Commissioners for Trade 
& Plantations, to send you the inclosed Copy of a Let- 
ter, which their Lordships have received from Thomas 
Boone Esq'' late Governor of New Jersey, dated the 
30*?" of August 1761,' containing an Account of the 
Prosecution and Condemnation of a Vessel in the 
Admiralty Court of that Province, for illicit Trade, 
and I am to desire you will be pleased to lay the said 
Letter before the Lords Commissioners of His Majes- 
ty's Treasury. 

Their Lordships do not take upon them to Judge of 
the propriety of M' Boone's request, that His Majesty 
would be graciously pleased, to grant him the Crown's 
share, of the Produce of the said forfeiture, but they 
think it incunjbent upon them in Justice to M'.' Boone, 
to give it as their Opinion, that his relinquishing his own 
Share of the forfeiture, in order to induce a greater 
facility in the Condemnation of the Vessel and Cargo, 

1 See ante, page 300.— Ed, 



1761] ADMIN"ISTRATIO>r OF GOVEROR BONONE. 307 

is such an ExamjDle of disinterested regard to the Pub- 
lick, in a case of very great importance to the Trade 
of this Country, and its Colony's, as justly entitles him 
to His Majesty's favour ' 
I am Sir 

Your most Obed' hum*"^ Servant 

John Pownall 



1 Nothing has been discovered in the matter of legislation during Gov. Boone's 
brief authority in New Jersey upon which to base an enlightened estimate of his 
qualifications, or from which to gather correct information respecting his political 
sentiments. It is evident, however, that his capacity for business, his character 
and disposition were such as to attach the people to him. The Assembly's last ad- 
dress, presented July 7, 1761, thus concludes: " If common report may be credited, 
this is likely to be our last address to your Excellency. Unsolicited by any appli- 
cations, it may be unexpected, yet permit us to remark, that as we asked nothing 
of you unbecoming his ?.Iajesty's representative to grant, you have refused us 
nothing we have asked. If it is honorable to distinguish an administration, not 
only unsullied bvit publicly kind and benevolent, such an administration as yoiu-s 
demands oiu" grateful acknowledgements. The shortness of the time you have 
been among us is an objection not in our power to remedy. On your successor, 
therefore, must remain our hoj es, whom we shall be happy to find equally suc- 
ceeding to our wishes." The Corporation of Perth Amboy thus addressed him on 
the day before the arrival of his successor: "It has ever been the custom to address 
Governors on their first arrival, to enumerate their virtues and good qualities, 
and to extol their abiUties for government, and oftentimes upon no better founda- 
tion than the authority of common fame; hence it too often happens, that, upon a 
better acquaintance, they are ready to unsay all they said and to show the greater 
joy upon a change or removal. But with respect to you. Sir, every day has given 
us fresh proofs of your Excellency's abilities and upright intentions, and demands 
our sincerest acknowledgments. No selfish or lucrative schemes have appeared in 
your conduct, or sullied your administration; on the contrary, all your measures 
nave been dictated by generous and benevolent principles, and your Excellency in 
public life has maintained that good character you so justly and universally ac- 
quired in private."— iV^. Y. Gazette. Such language from the authorities of the 
place where he resided— his personal associates and neighbors— must be considered 
indicative of more than common feelings of satisfaction. Governor Boone was 
present on the arrival and installation of his successor, and did not sail from New 
York for South Carolina imtil December 3, entering upon his duties as Governor of 
that Colony early in January, 1762. He left there in May, 1764, being recalled in 
consequence of differences with the Assembly.— iV. Y. Mercury, June 18th, 1764. 
After his return to England, Mr. Bocne received an appointment as a Commis- 
sioner of the Customs, which he held for several years. He resigned it in Septem- 
ber, 1805, and retired to Lee Place, Kent. In 1771, his first wife, whom he had mar- 
ried in South Carolina, having died or been divorced, he married a Jlrs. Ponnereau 
of South Carolina, who died at his residence in Kent in April, 181:i. The time of 
his own death has not been ascertained. See Hampton's Hist. Aut., p. 8; Gates 
Papers, N. Y. Hist. Soc. lAhva,vy .—Contributions to the Early Histry of Perth Am- 
boy, p. 176. 



308 ADMINISTRATION OF GOVEKNOR HARDY. [1761 



Order of the King in Council, approving of a repre- 
sentation of the Lords of Trade relative to the 
p)assing of Patents for Lands upon the Mohawk 
River, and the granting Judges' Commissions dur- 
ing good behavior. 

[From P. R. O. B. T., Plantations General, Vol. 17, [15] Q. 21.] 

At the Court at Sr James's the 23f day of 
November 1761. 

j*~''*l Present 

t_^J The Kings most Excellent Maj- 
esty in Council 

Upon reading this day at the Board, a Report from 
the Right Honourable the Lords of the Committee of 
Council for Plantation Affairs, dated the 'lY^ of this 
Instant, in the Words following — Viz^ 

^'Your Majesty having been pleased to ref err unto 
this Committee a Representation from the Lords Com- 
missioners for Trade and Plantations, dated the 11!' of 
this Instant Setting forth, " That they have had under 
their Consideration several Letters and Papers which 
they have received from Cadwallader Colden Esq-', 
Lieutenant Governor, and late Commander in Chief 
of Your Majestys Province of !New York in America, 
and as those Letters and Papers have reference to cer- 
tain Measures of Government there, which have either 
been acted upon, or become the Subject Matter of Dis- 
cussion, and which appear materially to affect Your 
Majestys Service and the Interest and Welfare, not 
only of that Province but of all other Your Majestys 
Colonies and Plantations in America, they thought it 
their indispensible Duty to lay the same before Your 



1761] ADMINISTRATION OF GOVERNOR HARDY. 309 

Majesty with such Observations as have occurred to 
them thereupon " 

"That the material Points to which those Papers 
referr, and to which the said Lords Commissioners 
confine their Observations are " 

' ' 1^.*^ The measures which the Lieutenant Governor 
and Council have entered upon for granting Lands and 
making Settlements upon the Northawk [Mohawk] 
Eiver, and in the Country adjacent to Lake George " 

U2fuy rpi^Q Proposition made to the Lieutenant Gov- 
ernor by the Council to grant Commissions to the 
Judges during good Behaviour, the Limitation of 
which Commissions is by Your Majestys Instructions 
to all Your Governors in America to be during Pleas- 
ure only." 

"That the said Lords Commissioners shall not, upon 
this Occasion, take upon them to controvert the gen- 
eral Principles of Policy upon which either one or 
other of these general Propositions is founded, but 
however expedient and constitutional they may appear 
in the abstract View and Consideration of them, Yet 
they apprehend, that when they come to be apphed to 
the present State of Your Majestys Colonies, they will 
appear in a very different Light, and be found, the 
one to be dangerous to their Security, and the other 
destructive to the Interests of the People, and subver- 
sive of that Policy by which alone Colonies can be 
kept in a just dependence upon the Government of 
the Mother Country." 

' ' That this is the general Light in which they see 
these Measures, but as they are in their Nature sepa- 
rate and distinct, so they will as the said Lords Com- 
missioners apprehend require a separate and distinct 
Consideration, and therefore they Immbh^ offer to 
Your Majesty what has occurred to them upon each 
in the Order in which they have placed them " 

" That it is as unnecessary as it would be tedious, to 



310 ADMINISTRATION OF GOVERNOR HARDY. [1762 

enter into a Detail of all the Causes of Complaint 
which Our Indian Allies had against Us at the Com- 
mencement of the Troubles in America, and which 
not only induced them, tho' reluctantly, to take up 
the Hatchet against Us, and desolate the Settlement 
on the Frontiers, but encouraged Our Enemies to pur- 
sue those Measures which have involved Us in a dan- 
erous and critical War, it will be sufficient for the 
Present Purpose to observe, that the Primary Cause 
of that discontent which produced these fatal Effects 
was the Cruelty aud Injustice with which they had 
been treated with respect to their Hunting Grounds, 
in open Violation of those Solemn Compacts by which 
they had yielded to Us the Dominion, but not the 
Property of those Lands, It was happy for Us that 
We were early awakened to a proper Sense of the In- 
justice and bad Policy of such a Conduct towards the 
Indians, aud no sooner were those Measures pursued 
which indicated a Disposition to do them all possible 
Justice upon this Head of Complaint than those Hos- 
tilities which had produced such horrid Scenes of Dev- 
astation, ceased, and the Six Nations, and their De- 
pendants became at once from the most inveterate 
Enemies Our fast and faithfuU Friends " 

" That their steady and intrepid Conduct upon the 
Expedition under General Amherst for the Reduction 
of Canada, is a striking Example of this Truth, and 
they now, trusting to Our good Faith, impatiently 
wait for that Event, which, by putting an End to the 
War, shall not only ascertain the British Empire in 
America, but enable Your Majesty to renew tliose 
Compacts by which their Property in their Lands shall 
be ascertained, and such a System of Reformation 
introduced with respect to Our Interests and Com- 
merce with them, as shall, at the same time that it 
redresses their Complaints and establishes their Rights 
give equal Security and Stability to the Rights and 
Interests of all your Majestys American Subjects. '' 



1703] ADMINISTEATION OF GOVERiNTOR HARDY. 311 

" That under these Circumstances and in this Scitua- 
tion, the granting Lands hitherto unsettled, and estab- 
hshing Colonies upon the frontiers, before the Claims 
of the Indians are ascertained, appears to be a Meas- 
ure of the most dangerous Tendency, and is more par- 
ticularly so in the present Case, as these Settlements 
now proposed to be made, especially those upon the 
Mohawk River, are in that part of the Country, of the 
Possession of which the Indians are the most jealous 
having at different times expressed in the strongest 
Terms their Resolution to oppose all Settlements 
thereon as a manifest Violation of their Rights." 

"That the Principles of Policy which the said Lords 
Commissi have laid down, are, they apprehend, in 
their Nature so clear and uncontrovertable, that it is 
almost unnecessary to add anything further to induce 
Your Majesty to give immediate Orders for putting a 
stop to all Settlements upon the Mohawk River, and 
about Lake George, until the Event of the War is 
determined, and such Measures taken thereupon, with 
respect to Our Indian Allies, as shall be thought expe- 
dient, and yet it may be proper to observe, that inde- 
pendent of what regards Our Connection with the 
Indians the Conduct of those w^ho have in former 
times been entrusted with the Administration of the 
Government of New York, has, in reference to grant- 
ing of Lands in general, been very exceptionable, and 
has held forth a very bad Example to their Successors." 

' ' That the exorbitant Grants of Lands which Gov- 
ernors, and others, have heretofore made, greatly to 
the Benefit of themselves, but very much to the preju- 
dice of the Interests of the Crown, and of the People 
in general, have long been the Subject of great Com- 
plaint; And the said Lords Commissioners cannot but 
think, that the Lieutenant Governor, and the Coun- 
cil, would have shewn a greater regard to Your Maj- 
estys Interest, and the Welfare of the Province in 



313 ADMINISTRATION OP GOVERNOR HARDY. [1761 

G-eneral, by a piii suit of such Measures as might have 
operated to correct those Abuses, and remedy the 
Evils arising from so improper a Conduct in their 
Predecessors in Government, than by entering upon 
Measures for makmg fresh Grants and Settlements, 
which they have great reason to apprehend, from 
Information which may be depended upon, are more 
for the Benefit of themselves and their Families than 
for the Subject in general, and therefore they submit 
to Your Majesty whether this may not be an addi- 
tional Reason why speedy and positive Orders should 
be given for putting a Stop to Measures which appear, 
in every light, so destructive of Your Majesty's Inter- 
ests, and the general Welfare and Security of the 
Colony." 

" That with respect to the other point relative to the 
granting the Judges Commissions during good Beha- 
viour, it will be less necessary to detain Your Majesty 
long upon this Question, as it has been already so 
solemnly determined in the Case of a Law some time 
since passed in Jamaica, and one lately in the Pro- 
prietary Government of Pensilvania for establishing 
such a Constitution '' 

" That the Principles laid down in the Attorney and 
SoUicitor Generals Report upon the Jamaica Law, and 
in that of the said Lords Commiss? Predecessors in 
Office upon the Act passed in Pensilvania, are so clear 
and exphcit, that it is almost unnecessary to add any- 
thing thereto. But as the People of New York appear 
from the Lieutenant Governors Letters, to be so strenu- 
ous upon this Point, alledging the Precedent and Ex- 
ample of the Mother Country, The said Lords Com- 
missi observe that the Cases are in no Degree Similar." 

"That the Change which the Tenure of the Judges 
Commissions underwent at the Revolution in this 
Kingdom, was founded upon the most conclusive and 
repeated Proofs of arbitrary and illegal Interposition, 



1761] ADMINISTRATION OF GOVERNOR HARDY. 313 

under the Influence of the Crown, upon Points of the 
greatest Importance to the Constitution, and the 
Liberty and Eights of the Subject; It was not how- 
ever by the Tenure of their Commissions alone that 
they were rendered independant, but such Salaries 
were settled upon them, as not only rendered them less 
liable to be corrupted, but was an Encouragement for 
the ablest Men to engage in that Profession which 
qualified them for such high Trusts." 

"That the same Circumstance does in no Degree 
exist in the American Colonies, where, as there is no 
certain estabhshed Allowance that may encourage 
Men of Learning and Abihty to undertake such Offices, 
Your Majesty s Governors are frequently obhged to 
appoint such as offer from amongst the Inhabitants 
however unqualified to sustain the Character and tho' 
a more fit Person should afterwards be found, yet, if 
the Commission was during good Behaviour, such un- 
qualified Person could not be displaced." 

"That late years have produced but too many Ex- 
amples of Governors having been obliged, for want of 
such an Establishment as might induce able Persons 
to offer their Service, to confer the Office upon those 
who have accepted it merely with a View to make it 
subservient to their own Private Interests, and who, 
added to their Ignorance of the Law, have too frequent- 
ly become the Partizans of a factious Assembly upon 
whom they have been dependant for their Support, 
and who have withheld or enlarged that Support ac- 
cording as the Conduct of the Judges was more or less 
favourable to their Interests." 

"That it is difficult to conceive a State of Govern- 
ment more dangerous to the Rights and Liberties of 
the Subject, but aggravated as the Evil would be by 
making the Judges Commissions during good Be- 
haviour, without rendering them at the same time 
independant of the factious Will and Caprice of an 



314 ADMINISTRATION OF GOVEENOR HARDY. [1762 

Assembly, The said Lords Commissioners cannot but 
consider the Proposition as subversive of all true 
PoUcy, destructive to the Interests of Your Majestys 
Subjects, and tending to lessen that just Dependance 
which the Colonies ought to have upon the Govern- 
ment of the Mother Country.'' 

" That this was in a great Degree the Opinion of the 
Lieu* Governor himself, as will evidently appear from 
a Letter to the said Lords Commissiooers of the 2f of 
June last, in which he acquainted them with his 
having rejected a Bill passed by the Assembly for this 
purpose, and ui'ges as a Reason that there was no fixed 
Salary to the Judges, that it was dependant from Year 
to Year on the Pleasure of the Assembly, and that 
whilst they were thus dependant upon the People for 
their Subsistence, such a Measure might be highl}^ 
Prejudicial to the just Rights of the Crown, and the 
Acts of Trade; That these were then the Sentiments 
of the Lieutenant Governor, and though the said 
Lords Commissioners are at a Loss to guess at the 
Motive which could have induced him to declare, as 
he does, in his Letter to them of the 12!' of August 
following, That he apprehended he should be under a 
Necessity of giving way to the Proposition, Yet they 
cannot but be of Opinion, that if under these Circum- 
stances he should have complied with so pernicious a 
Proposition, he would justly have deserved Your 
Majestys Royal Displeasure." 

"The Lords of the Committee this day took the said 
Representation into their Consideration, and agreeing 
in Opinion wath the Said Lords Commissioners for 
Trade and Plantations, do humbly report to Your 
Majesty, that they conceive it adviseable that Your 
Majestys Pleasure should be made known upon the 
first point of granting Lands, as well in the Colony of 
New York as in all other Your Majestys Colonies on 
the Continent of America, where such Grants interfere 



1761] ADMINISTRATION OF GOVERNOR HAEDY. 315 

with the Indians bordering on those Colonies — And 
that Your Majesty s Pleasure should be made known 
upon the last Point which relates to the Appointment 
of Judges, not only in the Colony of New York but in 
all other Your Majestys Islands and Colonies in 
America; And therefore that Your Majesty may be 
graciously pleased to order the said Lords Commis- 
sioners to prepare Draughts of Instructions proper to 
be sent'hereupon to the Governors or Commanders in 
Chief of all Your Majestys Islands and Colonies in 
America accordingly. To the end that due Obedience 
be given thereto, and the Matters complained of so 
detrimental to the Publick Service, Prevented for the 
future " 

His Majesty taking the said Eeport into Considera- 
tion was pleased wdth the Advice of His Privy Council^ 
to approve of what is therein proposed and accordingly 
to order, as it is hereby ordered, that the Lords Corn- 
miss'"* for Trade and Plantations do prepare Draughts 
of Instructions proper to be sent with respect to the 
first Point of granting Lands, as well to the Governor 
or Commander in Chief of the Colony of New^ York, 
as to the Governors or Commanders in Chief of all 
other His Majestys Colonies on the Continent of 
America, where such Grants interfere with the Indians 
bordering on those Colonies — And that they do also 
Prepare like Draughts 'of Instructions upon the last 
Point, which relates to the Appointment of Judges, to 
the respective Governors and Commanders in Chief of 
all other His Majestys Islands and Colonies in America, 
to the End that due Obedience be given thereto, and 
the Matters complained of, so detrimental to the 
Publick Service, presented for the future. 

And that such Draughts of Instructions be laid before 
His Majesty at this Board for His Royal Approbation. 

Hen Fane 



316 



ADMINISTRATION OF GOVERNOR HARDY. 



[1761 



Letter from Ooveryior Hardy, of Neiu Jersey, to the 
Lords of Trade, informing them of his arrival in 
the Province^asks to have the suspension of Ed- 
ivard Aiitill confirmed. 



The R* 



[From P. R. O. B. T. New Jersey, Vol. 9, K. 20.] 

Perth Amboy NoV: 23'! 1761 
I^Qj-^bie rp^g Lords Commissioners for 
Trade & Plantations. 



My Lords 

I have the honour to acquaint your Lordships, that 
I ari'ived in the Province of New Jersey the 29"' of 
last month' and immediately published his Majestys 
Commission in this City & two days after at Burling- 
ton in the usual form, on my return from thence to 
this City I summon'd a meeting of the Council and by 
their advice have issued a new Commission of the 
Peace & for the Courts of Pleas in each County; this 






wa« a brother of 
Sir C'harles Hardy 
at one time Gov- 
ernor of New York. 
Very little infornia 
tion has been ob- 
tained respecting 
him and he does 
not appear to have 

had any connection with the colonies previous to his appointment to the Governor- 
ship of New Jersey. The New York Gazette of October 22, 1761, announced his 
arrival on board His Majesty's Ship, Alcide, with his wife and family. On the 29th 
he landed at Elizabethtown Point on his May to Perth Amboy, being received on 
his landing by Governor Boone, Lord Stirling, who had been a fellow passenger, 
the members of the L'ouneil, and some of the chief gentlemen and magistrates of 
the Borough of Elizabethtown, and the troops of Captains Terrell and Parke were 
put in requisition, as they had been for his predecessor, to escort him to the seat of 
government at Perth Amboy. In addition to the authorities of the city, they were 



1761] ADMINTSTRATIOlSr OF GOVERNOR HARDY. 317 

proceeding I found absolutely necessary, as there were 
many vacancys of Justices by deaths, & several others 
complained of for irregularity in their conduct, both 
in the execution of their office, as well as their private 
lives, I thought it proper with the advice of the Coun- 
cil to leave them out and fill up their places with such 
as were well recommended by the Grentlemen who re- 
side in the different Parts of the Province. I have also 
by advice of his Majestys Council granted a new Com- 
mission under the Great Seal of the Province appoint- 
ing Courtland Skinner Esq- Attorney and Advocate 
General (during pleasure) he has held this office some 
Years with great reputation. 

I intended on my arrival to have called together the 
General Assembly according to the twelth article of 
his Majestys instructions ; I found them prorogued to 
the first of the present month, but on consulting the 
Council & some of the members of the general Assem- 
bly and finding them of opinion that it would be very 
inconvenient if I called them together before they had 
finished their business in the Country, and having 
nothing to come before them wherein his Majestys 
Service or the Province could suffer, I judged it proper 
to prorogue them to the 3<»^!' of this month, when they 
are to meet in this City 

I find on the Minutes of the Council books that Gov- 



met by " Capt. Johnston's company of militia, under arms," a feature which had 
not entered into previous programmes, and proceedings to tlie court house and 
proclaimed the Governor's commission. The next day he was addressed by the 
Corporation, after which he left for Burlington.— iV^. Y. Gazette, November 5th. 
The celerity of the Governor's movements indicates no small degree of promptness 
in his character, and his answers to the various addresses presented to him, show 
him to have been a man of few words. As a fair specimen, the following was his 
reply to the address of the Tnistees of the College of New Jersey, September 29, 
1763: " Gentlemen, I heartily thank you for your address. It will be at all times a 
particular satisfaction to me to give you evtry assistance in my power in promoting 
the prosperity of this useful seminary of learning. Josiah Hardy." Excepting the 
announcement that his wife and family came with him to New Jersey no further 
notice of them has been discovered.— Co)i^rt6ui/oHS to the Early History of Perth 
Amboy, p. 183.— Ed. 



318 ADMINISTRATION OF GOVERNOR HARDY. [1761 

ern'or Boone has suspended Edward Antill Esq from 
the Council for non Attendance tho' constantly sum- 
mon'd ; I find on inquiry that this Gentleman will 
neithei' attend uor assign any reason why he does not, 
I therefore hope your Lordships will please to recom- 
mend to his Majesty to confirm his suspension I am 
afraid I shall find it difficult to name three Gentlemen 
out of each division of the Province properly qualify'd 
for this office till after the meeting of the Assembly, 
I shall then have an opportunity of seeing more of the 
People, and be better able to Judge who may be fit 
Persons to recommended to your Lordships for this 
Vacancy 

I have the honour to be My Lords 

Your most humble & Obedient Servant 

JosiAH Hardy 



Articles of Association to Work Royal Mines in New 
Jersey or elsewhere. 

[From New York Colonial MSS., Vol. XC, fol. 39.] 

Articles of Agreement Indented made and Concluded 
upon this twenty fifth day of November In the year 
of our Lord one thousand seven hundred and sixty 
one Between John Stearndall Charles Scot Thomas 
Cryer George Traile and Johan Sebastian Stephani All 
at present of the City of New York whereas it is 
Thought a Koyal Mine or Mines' may be Discovered in 



' "A twelfth branch of the Royal revenue, the right to mines, has its original 
from the king's prerogative of coinage, in order to supply him vv-ith materials; and, 
therefore, those mines which are properly royal, and to which the king is entitled 
when found, are only those of silver and gold." — 1 Blackstonc, viii , 13. In IV'33 the 
Attorney-General and Solicitor-General gave the opinion that by the charter 
granted to the Proprietors of New Jersey, " only the Base Mines within that Prov- 
ince passed to the Grantees, and that the words of the Grant are not Sufficient to 
carry Royal Mines, the property whereof Still Remains in the Cro\vn." — N. J. 
Archives, Y., 74. From an early date, there had been rumors of silver and gold 
mines in New Jersey.— /6., 64, 129. — [W. N.J 



1761] ADMINISTRATION OF GOVERNOR HARDY. 319 

the Provinces of New York Connecticut or New Jersey 
in America A?id Whereas if such should be Discov- 
ered it will be necessary that a Grant or Grants should 
be Obtained from the Crown to Enable the Discoverers 
to carry on the same for their benefit whereupon it is 
Covenanted granted and agreed by and between them 
the said John Stearndal Charles Scot Thomas Cryer 
George Traile and Johan Sebastian Stephani for them- 
selves their Executors and Administrators in manner 
and form following, first that they the said Charles 
Scot and Thomas Cryer shall and will upon their 
arrival in London use their utmost Endeavours to 
Obtain a Grant from the Crown to the Parties to these 
Presents and their Executors Administrators and 
Assigns for such Royal Mine or Mines as may be dis- 
covered in the provinces of New York Connecticut or 
New Jersey in America for such Time and Term and 
under such Provisions Limitations and reservations as 
the Crown wiU be favourably Pleased to Grant the 
same and also that they the said John Stearndall 
Charles Scot Thomas Cryer George Traile and Johan 
Sebastian Stephani and every of them their and every 
of their Executors Administrators and Assigns shall 
and will Pay and Bear their respective equaU shares 
and Parts of all Costs and Charges whatsoever that 
may attend the Obtaining the said Grant or Grants or 
the Endeavour to Obtain the same and in case that 
they the said John Stearndal Charles Scot Thomas 
Cryer George Traile and Johan Sebastian Stephani and 
every of them their and every of their Executors 
Administrators and Assigns shall and will Pay and 
Bear their respective equall shares and parts of all 
such Costs Charges & Expences whatsoever as shall 
accrue either in searching for such Royal Mine or 
Mines or in working the same when Discovered and 
also that they the said John Stearndal Charles Scot 



320 ADMINISTEATIOK OF GOVERNOR HARDY. [1761 

Thomas Cryer George Traile and Johan Sebastian 
Stephani nor either of them shall or will sell Transfer 
or otherwise dispose of their or either of their share or 
Interest in such Grant or any Mine that may be Dis- 
covered in Consequence thereof without first Offering 
the same to each and every of the other Parties to 
these Presents and also in Case the said Grant or 
Grants shall be Obtained & any Mine or Mines discov- 
ered in consequence thereof that then the working 
thereof shall be under the Guidance Management and 
direction of the said John Stearndal and Charles Scot 
two of the Parties to these Presents And lastly for 
the true performance of all and smgular the Covenants 
conditions Eestrictions and Agreements herebefore in 
these Presents mentioned and Contained they the said 
John Stearndal Charles Scot Thomas Cryer George 
Traile and John Sebastian Stephani do hereby Bind 
themselves their and each and every of their heirs 
Executors and Administrators and every of them each 
to the other in the Penal Sum of Ten Thousand Pounds 
Current Money of the Province of New York In Wit- 
ness whereof they the said John Stearndal Charles 
Scot Thomas Cryer George Traile and Johan Sebastian 
Stephani have hei'eunto Subscribed their Names and 
Affixed their Seals in the City of New York the Day 
and Year first above in these Presents Written. 

John Stearndal (l. s.) 

Charles Scot (l. s.) 

Thomas Cryer (l. s.) 

George Traile (l. s.) 

JoH^ Sebastl-vn Stephani (l. s.) 

Sealed and Delivered in the Presence of Us the Par- 
ties Consenting and declaring that It was not their 
Intent or meaning that any Discoveries made by John 
Stearndal which are already under Lease to him or for 



1761] ADMINISTIIATIOM OF GOVEKNOE HAKDY. 321 

his use or in which he is already Interested' should be 
within the Intent & meaning of the Preceeding 
Articles. 

KiCHARD Morris 
John Crawley 

[Endorsed:] Copy Articles between Stearndal, Scot, 
Traile, Cryer & Sebastian Stephani concerning the 
Patenting & Ordering a Reputed Mine. 



Communication from the Lords of Trade to the King, 
with drafts of Instructions to the Governors of 
the Colonies, as to Settlements on the Borders 
likely to interfere with the Indians, and the Ten- 
ure of Coynmissions granted to Judges and other 
officers. 

[From New York Colonial Documents, "Vol. vn., p. 477.] 

Whitehall Dec: 2. 1761. 

To the Kings most Excellent Majesty 

May it please your Majesty 

In obedience to your Majesty's Order in Council the 
23 of last month We have prepared the Draughts of 
an Instruction for the Governors of such of your Maj- 
esty's Colonies upon the Continent of North America 
as are under your Majesty's immediate Government 
and where the property of the soil is in your Majesty, 
forbidding them to pass Grants of or encourage settle- 
ments upon any lands within the said Colonies which 
may interfere with the Indians bordering thereon. 



' On July 1, preceding the above agreement, Stearndal and Josiah Horublower 
had leased the Schuyler copper mine, opposite Belleville, New Jersey, for the term 
of fourteen years, subsequently extended for ten years longer. — Josiah Hornblower 
and the First Steam Engine in America, by William Nelson, 1883, p. 39.— [W. N.] 

21 



322 ADMINISTRATIOlSr OF GOVEKNOR HARDY. [1761 

We have also in obedience to the said Order pre- 
pared the Draught of an Instruction for the Governors 
of your Majesty's American Islands, and for the Gov- 
ernors of those Colonies on the Continent of America, 
which are under your Majesty's immediate Govern- 
ment containing directions with respect to the tenure 
of the Commissioners to be by them Granted to the 
Chief Judges and Justices of the Courts of Judicature 
of the said Colonies both which Draughts, We humbly 
beg leave to lay before your Majesty for your Eoyal 
approbation 

Which is most humbly submitted 

Sandys Ed: Bacon 

George Rice Soame Jenyns. 

[The first mentioned draft following, referring only 
to Nova Scotia, New Hampshire, New York, Virginia, 
North Carolina, South Carohnaand Georgia: and then 
the second which includes New Jersey.] 

Draught of an Instruction for the Governors of 
Nova Scotia New Hampshire New York, New Jersey 
Virginia North Carolina South Carolina Georgia Bar- 
badoes Leeward Islands Bermuda Bahama and Ja- 
maica relative to the Tenure of the Commissions to be 
by them granted to the Judges & other Officers and 
Ministers of Justice in the said Colonies 

Whereas laws have been lately pass'd or attempted 
to be passed in several of Our Colonies in America en- 
acting that the Judges of the several Courts of Judica- 
ture or other chief officers of Justice in the said Colo- 
nies shall hold their offices during good Behaviour 
And whereas the Governors or other chief Officers of 
several other of Our said Colonies have granted Com- 
missions to the Judges or other chief Officers of Jus- 
tice by which they have been impowered to hold their 
said Offices during good Behaviour contrary to the 
express Directions of the Instructions given to the said 



1761] ADMINISTRATION OF GOVERNOR HARDY. 323 

Governors or other chief Officers by Us or by Our 
Eoyal Predecessors And whereas it does not appear to 
Us that in the present situation and Circumstances of 
Our said Colonies it would be either for the interest or 
advantage of the said Colonies or of this Our Kingdom 
of Great Britain that the Judges or other Chief Officers 
of Justice should hold their Offices during good Be- 
haviour It is therefore Our express Will and Pleasure 
that you do not upon any pretence whatever upon 
pain of being removed from your Government give 
your Assent to any Act by which the tenure of the 
Commissions to be granted to the Chief Judges or 
other Justices of the several Com-ts of Judicature shall 
be reg-ulated or ascertained in any manner whatever 
And you are to take particular care in all Commissions 
to be by >ou granted to the said Chief Judges or other 
Justices of the Courts of Judicature that the said 
Commissions are granted during Pleasure only, agree- 
able to what has been the ancient Practice and usage 
in our said Colonies and Plantations.' 



1 Id the above instructions the doctrine is boldly laid down more clearly than 
ever before by an English ministry, that the Americans were not entitled to the 
same rights and privileges as their fellow-subjects residing in Great Britain. Four 
years later the Stamp Act was passed, on the same principle, and then the Ameri- 
cans were aroused to the importance of this idea, as involving all their rights as 
subjects of the British CrowTi. The second principle referred to in this document— 
the independence of the judiciary— attracted little attention at a time when the 
country was profoundly interested in the French war, but wlien, soon after, justice 
was prostituted by the appointees of the Crown, in the administration of the 
admiralty courts, and In the enforcement of other obnoxious legislation by Parlia- 
ment (MarshalVs Life of Washington, II., 73; Works of John Adams. III., 466), the 
colonies awoke to the fact that their liberties were being insiduously attacked in a 
new and vital spot. The immediate occasion of the dispatch of December S, 1761, 
was the enactment of a law by the New York legislature to make the commissions 
of judges hold during good behavior. The Pennsylvania Assembly had enacted 
such a law in September, 1759, which had received the assent of the Lieutenant- 
Governor, by advice of his council.— Mimdes Provincial Council of Pennsylvania, 
Colonial Records VIII., 398-403. It was disallowed by the king in Council, Septem- 
ber 2. 1760, on these grounds: 1, Under the charter of Pennsjlvania the appoint- 
ment of judges was vested in the Proprietaries, and their appointments had been 
as good as the colony could afford; 2, "It would excite the jealousy of the other 
colonies, which would demand the same advantage;" 3, It would prevent the 
incompetent judges from being replaced by better men as the latter came into the 
province ; 4, " It was not expedient for the interest of either the mother coimtry or 



324 ADMINISTRATION OF GOVERNOR HARDY. [17G1 



Order in Council directing Instructions to he sub- 
mitted for the King^s sigttature in relation to 
Granting Lands and Judges^ Commissions. 

[From America and West Indies, Vol. 105.] 



1 



At the Court at S?' James's the S'f 
DAY OF December 1761 



Present 
The King's Most Excellent Majesty in Council 

Upon reading at the Board, a Report from the Lords 
Commiss" for Trade and Plantations dated the 2i of 
this Instant, together with two Draughts of Instruc- 
tions prepared by them, The one for the Governors of 
such of His Majesties Colonies upon the Continent of 
North America, as are under His Majesties immediate 
Government, and where the Property of the Soil is in 
His Majesty, forbidding them to pass Grants of, or en- 
courage Settlements upon any Lands within the said 
Colonies, which may interfere with the Indians bor- 
dering thereon: And the other for the Governors of 



the colonies, that judges in the plantations should hold their places quamdiu se 
henegesserinty—Ib., 543-4, 558. The instructions to the royal Governors of New 
York and New Jersey, from 1686 down to 1761 contained this provision: " You shall 
not displace any of the judges * * * without good and sufficient cause signified 
unto us & to our committee of plantations. And to prevent arbitrary removals of 
judges * * * You are not to express any limitation of time in y commissions." 
—N. Y. Col. Docs., III., 371 , 687, 820; V., 130, etc. ; N. J. Archives, n., 518, etc. ; Learn- 
ing and Spicer, 630. In 1733 Governor Cosby took it for granted that judges could 
not be displaced except for cause.— iV^ Y. Col. Docs.,Y., 949. A remarkable instance 
of the recognition of this principle is the case of Chief-Justice Robert Hunter Mor- 
ris, of New Jersey, so copiously referred to the correspondence in this volume 
regarding his claims to that office. He resigned: his resignation was not accepted 
formally, but a successor, William Aynsley, was appointed, who discharged the 
duties of the office from March, 1758, imtil his death in the July ensuing, when 
another successor was appointed. Then the Chief -Justice concluded, that as his 
resignation had not been accepted, it was his duty, as it happened also to be his 



1761] ADMINISTRATION OF GOVERNOR HARDY. 325 

His Majestys American Islands, and for the Governors 
of those Colonies on the Continent of America which 
are under His Majestys immediate Government, con- 
taining Directions with respect to the Tenures of the 
Commissions to be by them granted to the Chief 
Judges and Justices of the Courts of Judicature in the 
said Colonies His Majesty this day took the said 
Draughts of Instructions into Consideration, and was 
pleased with the Advice of His Privy Council to Ap- 
prove thereof. And to Order, as it is hereby ordered, 
That the Eight Honom-able the Earl of Egremont, One 
of His Majestys Principal Secretarys of State, do cause 
Instructions to be prepared agreable to the said 
Draughts (which are hereunto annexed) for the Gov- 
ernors or Commanders in Chief of His Majestys Colo- 
nies on the Continent of North America, and also for 
the Governors or Commanders in Chief of His Maj- 



pleasure, to resume his seat upon the bench, and the other judges decided that he 
had a right to do so, inasinuch as his commission was during good behavior. Writ- 
ing in 1756, William Smith, the historian of New York, himself Chief -Justice of the 
province for many years, and the son of a Supreme Court judge, said the commis- 
sions of the judges of that coui't " were formerly during pleasure, but of late 
quamdiu se bene gesserint.''''—SiniWs Hist. Neiv York, London Ed., 1776, p. 330. 
There appears to have been some question, however, as to their terms, and in the 
early part of 1761 the New York Legislature passed an act " to provide that the 
judges of the Supreme Court shall have their commissions dming good behavior," 
but Lieutenant-Governor Colden thought it well " to have the judges removable on 
the king's pleasure," and succeeded in preventing the passage of the bill. In May fol- 
lowing the legislature again passed the biU, and the Governor staved it off for a time 
vnth the objection that it contained no provision for fixed salaries, but left the 
judges dependent from year to year on the will of the Assembly. He admitted that 
it was "a popular bill," and finally assented to it with reluctance. The instruc- 
tions above given deterred the Assembly from any further efforts in the same direc- 
tion, but that body resolutely refused to grant any salaries to the judges unless their 
commissions were issued during good behavior. — Journals Legislative Council of 
New York, 1691-1775, pp. 1435-7, 1443-51; N. Y. Col. Docs., VH., 462, 470, 484. When 
the Stamp Act was passed, in 1765, the Americans soon perceived that they would 
necessarily be dependent for the judicial interpretation and enforcement of obnox- 
ious la%vs of ParUament on judges holding office at the pleasure of the king, or 
durante beneplacito, instead of durante se benegesserint, as was the law of Eng- 
land. Here both the practical workings of this system of commissioning and the 
invidious distinction made between the Americans and their fellow British subjects 
in England were perceived, and thoughtful naen soon saw the importance of having 
a judiciary with fixed terms and fixed salaries. — Works of John Adams, IV., 186. 
In that remarkable paper, "The American Claim of Rights," by William Henry 
Drayton, of South CaroUna, dated August 10, 1774, one of the grievances set forth 



326 ADMlNTSTEATION OF GOVERNOE HARDY. [1761 

estys American Islands, and of those Colonies on the 

Continent of America which are under His Majestys 

immediate Government, and lay the same before His 

Majesty for His Royal Signature. 

Hen Fane 



Draught of an Instruction for the Governors of 
Nova Scotia, New Hampshire, New York, 
[New Jersey,] Virginia, North Carolina, 
South Carolina, and Georgia, forbidding 
them to grant Lands or make Settlements 
which may interfere with the Indians 
bordering on those Colonys 

Whereas the Peace and Security of Our Colonys & 
Plantations upon the Continent of North America, 
does greatly depend upon the Amity & AlHance of the 
several Nations, or Tribes of Indians bordering upon 
the said Colonys, and upon a j ast and f aithf ull Obser- 
vance of those Treatys and Compacts which have 
been heretofore Solemnly entered into with the said 
Indians, by Our Royal Predecessors, Kings and Queens 
of this Realm. And whereas notwithstanding the 
Repeated Instructions which have been from time to 
time given by Our late Royal Granfather, to the Gov- 



is that " judges hold their seats at the will of the Crown, a tenure dangerous to the 
liberty of the subject, and therefore justly abolished in England," and therefore 
he claimed: "That equally as the people of England are interested in the inde- 
pendence of their judges, so are we interested in the independence of our judges; 
and upon principles of common and impartial justice, claim that their commissions 
should run quamdiu se benvgesserint."' — Gihbes' Doc. Hist. South Carolina, 1764-76, 
pp. 15, 17. The Declaration of Independence two years later set out as one of the just 
causes of complaint of the Americans against their king: " He has made judges 
dependent on his will alone, for the tenure of tlieir offices, and the amount and 
payment of their salaries." When the convention of 1787 met to frame a federal 
Constitution, the first business submitted was the plan of Edmund Randolph, which 
included a clause that the federal judges sliould "hold their offices during good 
behavior, and receive a fixed compensation." Mr. Paterson and Mr. Hamilton in 
their plans suggested a like provision and it was incorporated in the Constitution 
unanimously.— JoMrjiai of the Federal Convention, 09, 125, 131, 137, 188.— [VV. N.] 



1761] ADMINlSTRATIOlSr OF GOVERNOR HARDY. 327 

ernors of Our several Colonys upon this head, the said 
Indians have made and do stiU continue to make great 
Complaints, that Settlements have been made & Pos- 
session taken .of Lands the Property of which, they 
have by Treatys Reserv'd to themselves, by Persons 
claiming the said Lands, under Pretence of Deeds of 
Sale and conveyance, illegally, fraudelently and sur- 
reptitiously obtained of the said Indians, And whereas 
it has likewise been represented Unto Us, that some 
of Our Governors, or other Chief Officers of Our said 
Colonys, regardless of the duty they Owe to Us, and 
of the Welfare and Security of Our Colonys, have 
countenanced said unjust Claims and Pretensions by 
passing Grants of the Lands so pretended to have been 
purchased of the Indians, We therefore taking this 
matter into Our Royal Consideration, As also the fatal 
Effects, which would attend a Discontent amongst 
the Indians in the present Situation of Affairs, and 
being determined upon aU Occasions to support and 
protect the said Indians in their just Rights and Pos- 
sessions, and to keep inviolable the Treatys and Com- 
pacts which have been entered into with them, Do 
hereby strictly enjoin & Command, that neither your- 
self nor any Lieutenant Gov'', President of the Council 

or Commander in Chief of Our said of ' do 

upon any pretence whatsoever, upon pain of Our 
highest displeasure and of being forthwith removed 
from Your or his Office, pass any Grant or Grants to 
any Persons whatever, of any Land within or adjacent 
to the Territorys possessed or Occupied by the said 
Indians, or the Property or Possession of which has at 
any time been reserved to or claim'd by them : And it 
is Our further Will and Pleasure, that you do publish 
a Proclamation in Our Name strictly enjoining and 
requiiing all Persons whatever who may either will- 

' Colony or Province of . — Ed. 



328 ADMINiSTKATiON OF GOVEENOE HAEDY. [1761 

fully or inadvertantly have seated themselves upon 
any Lands so reserved to, or claimed by the said 
Indians, without any lawfull Authority for so doing, 
forthwith to remove therefrom. And in case you 
shall find upon Strict enquiry to be made for that pur- 
pose, that any Person or Persons do claim to hold or 

possess any Lands within Our said ' upon pretence 

of Purchases made of the said Indians, without a 
proper Licence first had & obtained, either from us or 
any of Our Royal Predecessors, or any Persons Acting 
under Our or their Authoritj^, you are forthwith to 
cause a Prosecution to be carried on, against such 
Person or Persons, who shall have made such fraudu- 
lent Purchases, to the end that the land may be 
recover'd by a due Course of Law. And whereas the 
wholesome Laws which have at different times been 
passed in several of Our said Colonys, and the Instruc- 
tions which have been given by Our Royal Predeces- 
sors, for restraining Persons from purchasing Lands 
of the Indians, without a Licence for that purpose, & 
for regulating the proceedings upon such Purchases, 
have not been duly observ'd ; It is therefore Our 
express Will and Pleasure, that when any Application 
shaU be made to you, for Licence to purchase Lands 
of the Indians, you do forbear to grant such Licence; 
untill you shall have first transmitted to Us by Our 
Commissioners for Trade and Plantations, the particu- 
lars of such Application, as well in respect to the 
Situation, as the Extent of the Lands so proposed to 
be purchased, and shaU have receiv'd Our further 
Directions therein. And it is Our further Will & 
Pleasure, that you do forthwith cause these Our In- 
structions to you, to be made pubUck, not only within 

all parts of Our said ' Inhabited by Our Subjects, 

but also amongst the several Tribes of Indians, living 

' Colony or Province. 



1761] ADMINISTRATION OF GOVEKNOR HARDY. 329 

within the same, to the end that Our Royal WiU and 
Pleasure in the Premises may be known, and that the 
Indians may be apprised of Our Determined Resolu- 
tion to support them, in their just Rights, and invio- 
lably to observe Our Engagements with them. 



Draught of an Instruction^ for the Governors 
of Nova Scotia, New Hampshire, New 
York, New Jersey, Virginia North Carolina 
South Carolina, Georgia. Barbadoes, Lee- 
ward Islands Bermuda, Bahama and Ja- 
maica relative to the Tenure of the Com- 
missions to be by them granted to the 
Judges and other Officers and Ministers of 
Justice in the said Colonies. 

Whei^eas Laws have been lately passed or attempted 
to be passed in several of our Colonies in America, 
enacting that the Judges of the several Courts of Judi- 
cature or other Chief Officers of Justice in the said 
Colonies shall hold their Offices during good behaviour; 
and whereas the Governors or other Chief Officers of 
several others of our said Colonies have granted Com- 
missions to the Judges or other Chief Officers of Jus- 
tice by which they have been impowered to hold their 
said Offices during good Behaviour contrary to the 
express directions of the Instructions given to the said 
Governors or other Chief Officers by us or by our 
Royal Predecessors; And whereas it does not appear 
to us that in the present situation and Circumstances 
of our said Colonies it would be either for the interest 
and advantage of the said Colonies or of this Our 
Kingdom of Great Britain that the Judges or other 

' Transmitted to the several Governors under date of December 13th, 1761.— Ed. 



330 ADMINISTRATION OP GOVERNOR HARDY. [1761 

Chief Officers of Justice should hold their Offices dur- 
ing good Behaviou]'. It is therefore our express will 
and pleasure that you do not upon any pretence what- 
ever, upon pain of being removed from your Govern- 
ment give your Assent to any Act by which the Ten- 
ure of the Commissions to be granted to the Chief 
Judges or other Justices of the several Courts of Judi- 
cature shall be regulated or ascertained in any manner 
whatsoever. And you are to take particular care in 
all Commissions to be by you granted to the said Chief 
Judges or other Justices of the Courts of Judicature 
that the said Commissions are granted during Pleasure 
only, agreeable to what has been the Ancient Practice 
and Usage in our said Colonies and Plantations — 



Letter from the Secretary of State {Earl of Egremont) 
to the Governors of the North A^nerican Planta- 
tions. 

[From New York Colonial Documents, Vol. VII, p. 482.] 

Whitehall Dec' 12. 1761. 

[This circular, after setting forth the impracticability 
of recruiting the Regular Regiments in North America, 
from Great Britain, urges the Governors of the several 
provinces "to carry into the most speedy and Effectual 
Execution this Very important object " and concludes 
as follows:] 

"I have also in Command from the King to acquaint 
you, that tho' the present Situation of Affairs, would 
have fully justified, the having required of the Prov- 
inces, as large a number of Men as they ever have 
raised for any of the former Campaigns, instead of the 
quota, which was demanded the last year; yet, His 



1761] ADMINISTRATION OF GOVEiRNOK HARDY. 331 

Maj'y coDsidering the high importance of the Service, 
which makes the subject of this letter, and being de- 
sirous to Ease the burthens of his faithful Subjects, as 
far as shall be consistent with their own Safety, has 
been pleased to require only the same number of Men, 
as for the last year, in order thereby to facilitate a 
measure, so essential as the compleating the Regular 
Eegiments, by Recruits to be furnished from the Prov- 
inces in N° America; and the King is persuaded that 
the said Provinces, duly sensible of His Maj*^" tender 
and paternal care for their welfare, will in return, 
readily, and chearfully comply with the orders now 

sent you. 

I am ettc. 

Egremont. 



Representation from the Lords of Trade to the King, 
recommending the disapproval of two Acts passed 
i7i New Jersey in April, 1761. 

[From P. R. O. B. T. New Jersey, Vol. 17, p. 123.] 

Whitehall Dec 22; 17G1 
To the King's most Excellent Majesty 

May it please your Majesty 

We have had under Our Consideration two Acts 
passed in Your Majesty's Colony of New Jersey in 
April 1701, and We humbly beg leave to lay the said 
Acts before Your Majesty together with such Obser- 
vations as have occurred to Us upon them. 

The first of these Acts is Entituled, An Act for ob- 
viating doubts respecting the Acts of Assembly past 
last Session and for confirming the proceedings of the 
Courts of Justice in this Province since the demise of 
His late Majesty. 



3^2 ADMINISTRATION OF GOVEENOR HARDY. [1761 

As this Act is of a New & extraordinary nature and 
materially affects Your Majesty's Royal Prerogative, 
it ought not to have been passed, without a Clause 
suspending and deferring it's execution, until Your 
Majesty's Pleasure should have been known; This 
however is a defect arising entirely, from the inatten- 
tion of Your Majesty's Governor, and does not in Our 
humble Opinion Affect the Merits of the Act itself; 
and We mention it only to point Out to your Majesty, 
the htte regard shewn by the Governors in General, of 
your Majesty's American Colony, to those Instructions 
which respect their Conduct in the pass'"^ of Laws. 

The Objections, upon which We shall humbly pro- 
pose that this Act may be repealed, have reference to 
the particular Provisions of it, which apply themselves 
to three distinct Objects; 

1^.* To establish & confirm all Acts done by the Leg- 
islature and by the Courts of Justice, between the 
decease of His late Majesty & the Proclamation of 
your Majesty in that Colony. 

2**.'^ To continue the Session of the General Assembly 
which shall have been called and met at any future 
demise of the Crown, for Six Months after the procla- 
mation of the Successor. 

3? To declare, that no Court or Office of Justice shall 
be dissolved or discontinued, until the Expiration of 
Six Months, after any future demise of the Crown. 

Upon a full Consideration of these several Pro- 
visions they appear to Us both unnecessary & inex- 
pedient for the following Reasons; 

1^.* because no doubt has ever arisen in any event of 
the nature of that referred to, nor can any doubt ever 
arise with any Shadow of reason to the validity of 
Acts done in the Name of the deceased Prince, before 
such decease could have been known, or legally pro- 
mulged. 

2? Because the Reasons which gave rise to the Act 
of Parliament for continuing the sitting of Parliament 



17G1] ADMINISTRATION OF GOVEKNOK HARDY. 333 

here for Six Months after the demise of the Crown do 
not extend in any, or at least a very small degree to 
the British Colonys 

3*^ Because the Act of the first of Queen Anne for 
the support of the Dignity of the Crown, and for other 
purposes (which Act is declared to extend to America) 
has ah'eady sufficiently provided for the Case, to which 
the third Section of this Act extends, and as the Clause 
is worded, it may operate or at least may be construed 
to operate, to take away from your Majesty and your 
your Royal Successors, the just, legal and Constitu- 
tional Power of Removmg during the said Six Months 
the Judges or other Officers of the Courts of Justice 
in this Colony, or suspending any Commission of 
Assize, Oyer and Terminer, general Goal delivery or 
of Assosiation, Writ of admittance. Writ of Si non 
omnes. Writ of Assistance or Commission of the 
Peace, which is expressly contrary to the Tenor of the 
said Act of Pai'Mament of the first of Queen Ann. 

The Second of these Acts is Intituled An Act for the 
Relief of Francis Goelet. 

As this Act is in the nature of a Bankruptcy Act, 
with respect to the Single Case of one particular per- 
son, it appears to Us to be of an Unusual and extra- 
ordinary nature, and therefore the same Objection 
Occurs upon it which We made upon the other Act, 
in respect to the Governor's Conduct, in passing it 
without a Clause suspending its execution untill your 
Majesty's pleasure should have been known : But as it 
is also an Act materially affecting private property, 
the want of a suspending Clause is not an Objection 
merely affecting the Conduct of your Majesty's Gov- 
ernor ; for We humbly apprehend, that this Clause 
was directed to be inserted in all Acts of this Nature, 
with a View to secure to the Subject a right of appeal 
to the Crown, in what ever might affect his private 
property, and that it is therefore a necessary quahfica- 



334 ADMINIHTUATION OF flOVRItNOU IIAIM)Y. |17(!1 

tion, essential to the Legal & Constitutional Validity 
of tlio Act its(af. 

indifpondcnt however ol" this Uhjectioii, there are 
others which have occurred to Us," in respect to the 
])aiii(;ula]' Pi-ovisions of the Act, wliidi it is Oui- duty 
huiul)ly to submit to your Majesty. 

The Object of this Act is to discharge tlie Debts of 
Francis Goelet (tlie Peison named in the Title) by 
vesting his Estate and Effects in the hands of Trus- 
tees, to bo named by the Consent of liis Creditors and 
tluirefoi-e both reason & Justice require, that such of 
His Cieditois as may I'eside here in England, or in any 
othei- of the (Colony s, or elsewhere, should liavo due 
* * * notice of this Act 

The necessity & propriety of tliis is indeed admitted 
in tlie secojid Section of the Act itself ; l^ut as it is left 
intirely to the discretion of tb(^ Trustees, to give No- 
tii'.t^ to th(! Foi'eign Ci'tMlitoi-s, in such manner as tlu^y 
shall tliink proper, and no Pc^ialty is indicted, in case 
they do not give notice, We luunbly a])])rehend this 
Provision is altogether migatoiy and inelfectual, and 
this is not the only instance, in whit b this Act ap- 
pears to us to be defective and impro})er, for it Enacts, 
that if Francis (iroelet shall a|)pear to have secreted 
any i)art of Ids Estate &, Effects, lie shall not be en- 
titled to the benelit of tlie Act, which is in Our Oi)inion 
a Punishment much too light and ti'ivial, foi- an Of- 
fence whicli the Wisdom of tlie Legislature here, has 
in all Cases of this Kind enacted to b<3 felony. 

Upon tlu? whole We humbly beg leave to propose, 
that lK)th the Acts aforementioned, may receive Your 
Majesty's lioyal l)isai)probation.' 

All Which is most humbly submitt(Ml. 

Sandys SoameJenyns 

Edmund Thomas Ed. Bacon 

' Tlie acts wore repealed January 14, 171)!.'. See Analytical Incltx, p. 365.— Ed. 



1762] ADMINISTRATION OF GOVERNOR nARDY. 335 



Orrler in Council for removing Edivard Antill from 
his seat in the Council of Neiv Jersey, and for 
appointiyig John Stevens a Councillor in his room. 

[From P. R. O., America and West Indies, Vol. 150.] 

*— ^* At the Court at S^ James's the 2? 
r' ^' f DAY OF January 1762 

Present 

The Kings Most Excellent Majesty in 
Council. 



Whereas there w^as this day read at the Board a 
Representation from the Lords Commissioners for 
Trade and Plantations dated the 22"^ of last Month, 
Setting forth, That Edward AntiU Esq^ One of His 
Majestys Comicil in the Province of New Jersey, hav- 
ing during the whole Course of the Administration of 
Thomas Boone Esq'" late Governor of that Province 
refused to attend his Duty in the said Council tho' 
repeatedly Summoned, and the said Governor having 
in Obedience to the Directions of his Instructions sus- 
pended him from his seat in the said Council for such 
his Non Attendance, the said Lords Commissioners 
propose that the Suspension of the said Edward Antill 
may be confirmed, and that John Stevens Esq." who 



' John Stevens was bom at Perth Amboy , N. J. , about 1715-17, beinj; the son of John 
Stevens, who had emigrated in 1699 from Middlesex county, England, to New York, 
where he studied law, removing in 1714 to Perth Amboy, where he married the old- 
est daughter of John Campbell, a prominent citizen of that town, and died in 1787. 
The younger John Stevens, with his brother Campbell, carried on a mercantile 
business, principally witli the West Indies and Madeira Islands, and for six years 
sailed in command of his own vessels. In 1761 he retired from active mercantile 
life, devoting himself principally to the management of his extensive landed 
estates and copper mines at Rocky Hill. In 1751 he was a member of the General 
Assembly which met at Perth Amboy, and during the next ten years took a leading 
part in that body. In 1755 he was one of the committee empowered to build a chain 



336 ADMINISTRATION OF GOVERNOR HARDY. [1762 

has been recommended to them as well qualified to 
serve His Majesty in that Station may be appointed of 
the said Council in the room of M' AntilP— His Majesty 
taking the same into Consideration was pleased with 
the Advice of His Privy Council to ratify and confirm 
the said Suspension, and to Order as it is hereby 
Ordered that the said Edward Antill be removed from 
his Seat in the Council of the said Province, and that 
the said John Stevens Esq^ be constituted and appointed 



of block forts to protect the New Jersey frontiers against the Incursions of the In- 
dians, and three years later was on the commission which negotiated a lasting peace 
with the Indians. From 1756 to 1760 he acted as paymaster of the " Jersey Blues," 
in the French War. In April, 1752, he took a town house in New York, and in 1761 
purchased No. 7 Broadway, then the most fashionable neighborhood in the city, 
which he occupied for the ensuing ten years. He was one of the most prominent 
opposers in New York City of the obnoxious stamp act in 1765. In 1771 he built in 
Lebanon Valley, Hunterdon county, N. J., a few miles south of the present Lebanon 
station on the Central railroad, a large and elegant residence, known as the Stevens 
mansion which he made his home for nearly the rest of his days. He was one of 
the commissioners to adjust the northern boundary in 1774. In June, 1776, he 
resigned his seat in the Council, and was chosen to represent Himterdon county in 
the Provincial Congress which met in August, 1776. He was unanimously elected 
Vice-President, and was continued in that position for six years, when he was sent to 
Congress. He was President of the Convention of 1787, which ratified the Federal 
Constitution, and this appropriately closed his long and notable political career, 
He was a zealous Episcopalian, for many years a vestryman and warden of St.Peter's 
Church at Perth Amboy, a liberal contributor to other churches, and was a delegate 
to the convention which met at New Brunswick May 13-14, 1744, to form a union of 
tlie Episcopal churches of America. His latter days were spent with his son. Col- 
onel John Stevens, at Hoboken, where he died in May, 1792, and was buried at the 
Frame Meeting House, in Bethlehem township, Hunterdon county which he had con- 
tributed largely to build. He married, in 1748, Ehzabeth, second daughter of James 
Alexander and sister of Lord Stirling. She survived him eight years. They had 
two children — John, and Mary, wife of Chancellor Livingston of New York. — Sketch 
of John Stevens, by Richard F. Stevens, in the N. Y. Gen. and Biog. Record, Oct- 
ober, 18&4, pp. 14.5-150.— LW. N.] 

^ Edward Antill was a prominent merchant in New York City in the seventeenth 
century. He was present at the trial of Phillip Carteret, Governor of East Jersey, 
before Governor Andros, of New York, in June, 1678, for alleged riot, and was 
justly indignant at that travesty on justice.— iV. Y. Col. Docts., III., 315. In 1083 he 
was appointed with such eminent citizens as Anthony BrockhoUs, Matthias Nicolls 
and Stephen Van Courtlandt, to inspect and catalogue the papers in the New York 
Secretary's office.— Calendar N. Y. Hist. MSS , II.. 1.53. In 1686 he bought a tract 
of eighty acres on Staten Island, which he sold in 1694.-/6., 143, 243; Calendar Land 
Papers, 42. In 1086, being in the Jamaica and New Foundland trade, it was alleged 
that Governor Dongan, of New York, was improperly associated with him in his 
business, which, however, the Governor denied. — N. Y. Col. Docs. III., 407-8, 493. 
Besides dealing in the legitimate objects of trade with the West Indies he appears 
to have occasionally (as in 1699 and 1700) picked up an Indian woman or boy, to sell 
into slavery, for which he sometimes got into trouble.— CaJ. N. Y. Hist. MSS., II., 



1762] ADMINISTRATION OF GOVERNOR HARDY. 337 

a Member of His Majostys said Council in the Province 
of New Jersey in the room of the said Edward Antill 
And the Right Honourable the Earl of Egremont One 
of His Majesty s Principal Secretary s of State is to 
cause the usual Warrant to be prepared for His Maj- 
estys Royal Signature accordingly. 

W. Blair. 



Letter from {Captain f) George Otter to Lewis John- 
ston of Perth Aniboy, inquiring about the oivner- 
ship of the island ''on the ?'igJit-hand side betwixt 
Burlington and Bristol,^'' its size, etc., with a view 
to securing it for himself —Sir Jeffrey Amherst had 
acquitted himself with great honor .—Reported 
that Parliament ivould tax their good subjects in 
America. 

[From the Whitehead Mauuscripts.l 

London G^*" January 1Y62 
Sir 

I must now beg leave to trouble you with great 
Secret Business of my own and shall be very much 
obliged to you for your two Letters by the two first 
ships either from Philadelphia or New York. V\^hen 



208, 279. SidiiiR with his friends Brockholls and Bayard, in the Revohition of 1088, 
he was obliged to flee from the city to escape arrest at tlie hands of the overzealous 
Jacob Leisler, and one of his vessels was robbed of four guns by the Leisler Gov- 
ernment.— 76., 300; N. Y. Doc. Hist., II., 41. In his will, made June 10, 1704, proved 
April 7, 1725, he leaves half his land lying to the north of Hudson River to his wife' 
Sarah, and the other half to his six children— William, Charles, Anna, Edward, Eliz. 
abeth and George. He also gives his wife all his interest in a certain proprietyship 
formerly purchased of David Toshack, " Laird of Minnevarre." (This individual's 
identity puzzled the late Mr. Whitehead not a litt\e.— East Jersey under the Propri- 
etor s,\st ed., p. 127: 2d ed.. 170. He isalso spokenof asMoneybaird, orMonyweard, 
" Partner with James, Earl of Perth, and Sir George McKensie, of Tarbutt, and 
Proxy for them."— iV. J. Archives, I., 460.) The will is witnessed by William Vesey, 

32 



338 ADMINISTRATION OF GOVERNOR HARDY. [1763 

either of your Sons go to Burlington enquire the name 
of that Island that lies on the Right hand side betwixt 
that place and Bristol, likewise what number of acres 
it contains; to do w'ch I would recommend it to be 
walked over with Mess'^ Kinsay and Hollingshead, or 
with any other of your acquaintance, those that I have 
mentioned are very good Tempered men and will 
readily answer any questions asked them, Likewise its 
Length & Bredth and how it bears, I think North & 
South, As Hkewise its distance from Burlington and 
the same from Bristol. There is a House and Bains 
upon it, who built it and the man's Christ" & Sir Name 
that Lives in it.. I do know that Bartington claims 
it, but have been oft told when I was there that they 
had no right to it. I would desire your Son to ask 
those Gents with others of your acquaintance but in 
such a manner as not to give the least suspicion that 
any Body is about it for fear of giving the alarm the 
w'ch might cause an agent to be employed against 




Rector of Trinity Church, B. Cosens, a lawyer, and William Sharpas.— i\r. T. Wills, 
Lib. 10. F. 314. 

the son of the New York, 
niercliant, was bom in 1699 
or 1700, and perhaps came 
into the possession of the 
" Laird of Blmnevarre's " broad acres at Raritan landing: in Middlesex county, 
where he spent most of his life. Mr. Whitehead refers to him as '"an oddity," 
and relates an incident to the effect that he once regretted to his wife that the 
women of the day spent so much time in idleness or profitless pm-suits, instead of 
"abiding in the fields with their maidens," gathering flax or grain. The next 
morning on coming down to breakfast Mr. Antill fomid the house deserted, and no 
signs of the matutinal repast. His wife had taken him at his word, and was out 
in the fields with her handmaidens, pulling fLa,^.— WhiieheaiVs Perth Amboy, 227. 
This is only an instance of the serious, earnest view Mr. Antill took of life. In 17.')4 
he gave £1,800 towards founding Columbia College, in the interest of the Epi.scojial 
Uhm-ch.— Htsi. of New York durmg the Revolution, by Thomas Jones, I., 10. He 
was one of the warmest friends of Christ Church, at New Brunswick, and in 1759 
was one of the trustees of a lottery for the benefit of that church.— 76., 33:3. When 
the Rev. Robert McKean, missionary at New Brunswick, removed in 1763 to Perth 
Amboy,he reported to the Societyiin England)for Propagating the Gospel in Foreign 
Parts, that "the Hon Edward Antill, Esq., a man of most exemplary life, and 
singular piety, has undertaken to read prayers and a sermon every two Sundays at 
Brunswick, and eveiy other two at Piscataqua, till the an-ival of a missionary," 
and the Society voted him their thanks "for his pious labors."— iJecord of Christ 
Church, New Brunswick, N. J., by the Rev. Alfred Stubbs, Rector, 1850, pp. 9, 26. 
He was a member of the General Assembly which met at Perth Amboy, October 27, 



1762] ADMIiq-ISTRATION OF GOVERNOR HARDY. 339 

me — I was going to j^etition for ten thousand acres of 
land Island St John, but was too late. Am told a 
number of Gents have got Forty thousand acres there 
under my Lord Egmont the whole given to that Noble 
Lord. * * * 

I am Sir &c 

Geo. Otter. 
P. S. You will expect some news concerning Sir 
Jeffrey Amherst. Lee wrote a Pamphlet Other 
matter or stuff appeared in the Papers neither of w'ch 
had the least weight. I am told that he acquitted 
himself with great honor and is consulted in all 
American matters, its Reported the Parliament will 
Tax their good Subjects in America. 



1738, in which body he voted to sustain Governor Levris Morris, who not unnaturally- 
recommended him in 1740 for a seat in the Council. " He is a man of sood Estate 
& Sence, and if admitted to that board, I hope and believe will prove an usef ull and 
deservingmemberof it." He was appointed May 29, 1741, to make a quorum of 
the Council, and the appointment was conflj-med in 1745.— iV; J. Archives, VI., 110, 
233, 237,- Papers of Lewis Morris, 33, 37, 122, 219, 220, 283. He was reappointed in 
1746, as a member of Governor Belcher's Council. — Archives, vn., 6. " Mr. Antill 
died August 15, 1770, in the 71st year of his age, and was buried near the southeast 
comer of Christ Chiu-ch, New Brunswick. There is a large and handsome marble 
font in the chm-ch, on which is inscribed: 'The gift of John Antill, Esq., as a token 
of his affection to his native place.' The tradition in the family, however, was, 
that this font was presented by his father, the Hon. Edward Antill, as a votive 
offering, in consequence of deliverence from imminent danger."— i?ecord of Christ 
Church, 26. Mr. Antill left three sons- -Edward, John and Lewis. The latter two, 
with Margaret Antill and others, had a survey of 20,000 acres returned to them in 
1770 by New York, of lands subsequently declared to be in Vermont, and in 1774 
John secured 3,000 acres in western New York, which he sold in 1776 to Robert L. 
Hooper, perhaps to avoid confiscation.— Ca?. Land Papers, 504-5, G68-9. Lewis is 
said to have served in the American army during the Revolution, and lost his life 
at Brandywine. —Becord Christ Church, 26. Was he not the Dr. Lewis Antle who 
visited Judge John Field when the latter was a prisoner of the British in New York 
in 1777 'i—Onderdonk''s Suffolk Co., 219. 

Edward had been in Canada ten years when the Revolution began, and being in 
Quebec in the Fall of 1775, when that city was besieged by the American troops, he 
refused to respond to the call of the governor of the city to take up arms in its de- 
fence, and was sent out to the American lines, and gladly assigned to duty at once 
as chief engineer of the army, by General Montgomery. He was with that gallant 
officer when he fell, and was dispatched by General Wooster to relate the particu- 
lars to General Schuyler and the Continental Congress. He was commissioned 
Lieutenant-Colonel of (Jolonel Hazen's regiment, and in May, 1776, was assigned by 
General Arnold to duty as Adjutant-General of the American army in Canada. In 
the following December he was sent on a recruiting tour through New Jersey and 
the Southern States, with the approbation of General Washington, and Congress 



340 ADMINISTEATION OF GOVERNOE BOONE. [1762 



Commission of Richard Saltar as Third Justice of the 
Stipreme Court of New Jersey. 

[From Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 363.] 

George the Third by the Grace of God of Great 
Britain France & Ireland King Defender of the Faith 
&c. To Eichard Saltar Esq. Greeting, We Eeposing 
Especial Trust and Confidence in your Integrity Learn- 
ing and Ability have assigned Constituted and Ap- 
pointed, And We do by these Presents Assign Consti- 
tute and Appoint you the said Richard Saltar to be 
third Justice of our Supreme Court of Judicature for 
our Province of Nova Ceesarea or New Jersey, Giving 
and hereby Granting unto you the said Richard Saltar 
full Power and Authority to hear Try and Determine 
all Pleas whatsoever Civil Criminal and Mixed accord- 
ing to the Laws Statutes and Customs of that part of 
our Kingdom of Great Britain called England and of 
our said province of New Jersey and Execution of all 
Judgments of the said Court to Award, and to make 
such Rules and Orders for the Benefit of the said prov- 
ince as may be found Convenient and Useful as near 



voted him $2,000 for bis expenses.— Force's American Archives, 4th series, IV., 189, 
669; ^a., 591, 1106; 5th series, I., 05-1; III., &13, 1507, 1597, 1604, 1618. Jolin Antill 
joined the British, and became a Major in tlie New Jersey Volunteers. On one oc- 
casion Edward was talceu prisoner, and was confined on a ijrison sliip. Happily 
for liim, John was sent to examine the prisoners, and the first person he saw was 
his own brother, whose release he soon affected. — lb., 26. In 1780 John was dis- 
missed the service for embezzlement, but four months later was restored to the 
command of his battalion.— Jones"s Hist. N. Y., n., 29. At the close of the war 
John was obliged to go to Canada, where he was living in 17Q&.— Sabine'' s Loyalists 
II., 472; Eager' s Oranqe County, 346. He married (.1772) Blargaret, daughter of 
Alexander Colden, son of Lieutenant-Governor Cadwallader Colden, and after her 
death married her sister Jane.— £'o(/ej-'s Orange County, 346; N. Y. Gen. and Biog. 
Record, October, 1875. pp. 171-2. A daughter of Edward Antill, the Councillor, mar 
ried the Rev. Robert McKean, which possibly accounts for the warmth of that 
reverend gentleman's eulogy of his father-in-lavi-, (piloted above, although she is 
said to have been a "young lady of very gay and independent spirit, not calculated 
to enhance the domestic happiness of the missionary."— TF/uYe/iccfd's Perth Amboy, 

227. Blr. McKean died in 1767, and ixx 1772 (March 1) she was married again to 

McNeil. Mrs. AntiU was stUl Uving at this time.—Cal. N. Y. Hist. MSS., II., 805.— 
[W. N.] 



1762] ADMINISTRATION OF GOVERNOR HARDY. 341 

as may be Agreeable to the Eules and Orders of our 
Court of Kings Bench Common Pleas and Exchequer 
in that part of our Kingdom of Great Britain Called 
England To Have Hold Exercise and Enjoy the said 
Office or place of third Justice of our Supreme Court 
for our said Province with all and Singular the profits 
priviledges Sallerys Fees and Perquisites to the said 
Place belonging unto you the said Richard Saltar 
according to the Laws Statutes and Customs of that 
part of our Kingdom of Great Britain called England 
In Testimony whereof we have Caused these our 
Letters to be made Patent and the Great Seal of our 
said Province to be hereunto Affixed Witness our 
trusty and well beloved Josiali Hardy Esq. our Cap- 
tain General and Governor in Chief in and over our 
Province of Nova Ceesarea or Neio Jersey and Terri- 
tories thereon depending in' America Chancellor and 
Vice Admiral in the same at our City of Perth Amboy 
the fifteenth Day of December in the Second Year of 
Our Reign Anno Dom. ITOl. 

[Endorsed:] Be It Remembered that on the Sixteenth 
Day of December 1701, Richard Saltar Esq. took the 
Oaths & made & subscribed the Declaration appointed 
by Law and the Oath for his due and impartial Ex- 
ecuting the Office of third Justice of the Supreme 
Court of the province of New Jersey to which he is 
Appointed by the within Commission before me Chas. 
Read by virtue of a Dedimus Potestatem.' 

% '' — ^* 

i Great Seal ] 

-< Province V READ. 

) of I 

r NewJer.sey i 



' Richard Saltar was the son of Richard Saltar, w>io in 1687 was already a promi- 
nent and influential personage in Monmouth County, and in 1700 and 1701 was con- 
spicuously active in supporting the popular claims for the supremacy of the Nicolls 
patent as against tlie title of the Proprietors.— Tr/irte/iertd's East Jersey, a50, .351 
Richard Saltar, second, was bom about 1699. In 1746 he was designated as one of 
those who should give orders for firing the beacon lights on the Navesink High- 



342 ADMIN^ISTRATION OE GOVERNOR HARDY. [1762 



Memorial of Nathaniel Jones to Earl of Hillsborough, 
Secretary/ of State, in regard to his difficulties in 
New Jersey. 

[From P. R. O., America and West Indies, No. 293.] 

To the Right Honourable the Earl of Hills- 
borough One of His Majesty\s Principal 
Secretarys of State &c. &c. &c. 

The most respectful Memorial of Nathaniel 
Jones Esquire of the Middle Temple Barrister 
at Law. 

Your Memorialist thinks himself happy on this 
Occasion of Addressing your Lordship on his hard 
Case, as his only hopes of Redress, are founded on 
your Lordships Known Candour, Justice, and 
Humanity. 

Your Memorialist humbly begs leave to inform your 
Lordship that in the year 1759, he was constituted by 
his late Majesty, Chief Justice of the Jerseys in North 
America, and Relinquished his business in the Law in 
England, to attend the Duty of his Office, and at a 
vast Expence, repaired to America, in wiiich he was 



lands, to give warning of the approach of French cruisers. — N. J. Archives, VII, 
374. In 1745 Governor Lewis Morris recommended him for a seat in the Council 
(Papers of Leivis Mori-is, 2'M}, and in 1748 li'erdinand John Paris pressed him for 
the same position, to succeed President John Hamilton, deceased. This time he 
was given the place, greatly to the satisfaction of James Alexander, who regarded 
him as a "man of good understanding."— iV. J. Archives, VTT, 1(J9, 176, 260. In 1753 
Judge Charles Read recommended him for Chief -Justice, to succeed Robert Himter 
Mori'is, who contemplated resigning. — iV. J. Archives, VTLl, Part I, p. 187. In ten- 
dering his resignation some monthis later (March 29, 1754), Judge Mon-is suggested 
Mr. Saltar as the best man for the succession, being "a man of good understand 
ing and fortune, a firm friend to the government, and will act in that station with 
honor to himself, and justice to the public."— iV. J. Analytical Index, 304; Provin- 
cial Courts of New Jersey, by Richard S. Field, 1849, p. 150. Judge Morris' resigna- 
tion was not accepted, but Mr. Saltar was commissioned (May 2, 17.''>4) an Associate 
Judge of the Supreme Court, as the records show, to succeed Charles Read, 



1762] ADMINISTRATIOX OF GOVERNOR HARDY. 343 

unhappily obliged to break in on the future Dependance 
of a most Valuable Wife, and her Children, in Order 
to discharge the Trust reposed in him, with Dignity 
and Fidelity: 

That Robert Hunter Morris Esquire, in Open defi- 
ance of the late King, And in Opposition to the then 
Governor, Francis Bernard Esquire, who entred a pro- 
test in form, against M' Morris's proceedings, as illegal, 
and Unwarrantable, as he absolutely prevented your 
Memoriahst, in Execution of his Office. 

That through the heavy Expences your Memorialist 
hath Sustained, his whole Substance is exhausted, and 
he was constrained to return to England, in Vain to 
Attempt the Eecovery of his lost business in the Law, 
through his long absence abroad, which before afforded 
him a Competent Maintenance, nor has your Memor 
ialist received any Satisfaction, or Compensation 
whatsoever, for the above Charges, or the injury he 
has suffered by this disappointment, which has re- 
duced him to Calamitous Circumstances: 

That your Memoriahst being informed of a Vacancy 
of the Office of Chief Justice of South Carohna, Most 
humbly supplicates your Lordship, to consider the 
premises and your Memorialists perseverance, and 
Fidelity, in his Majestys Service, And that your Lord- 
ship will be pleased to Recommend him to his Majesty 
as an Object Meriting his Royal favour. And that he 
may be appointed to succeed in the above office now 
Vacant or have such other relief as in your Lordships 
benignity, and wisdom shall seem most meet, 
And Your Memorialist will ever pray &c. 

Nathaniel Jones. 



resigned.— i\^. J. Analytical Index, 306. In issuing new commissions to the Courts 
in 1761, Governor Hardy re-commissioned Judge Saltar. Bli-. Saltar "resided for a 
while at Trenton ; also for a while at Allentown. He built a large, substantial house 
at Black Pomt, west of the Navesink river, near the place now called Seabriglit. 
He married, June 53, 17:^1, Hannah, daughter of Elisha Lawrence and Lucy Stout, 
his wife."— r/ie Saltar Family, by J. E. Stillwell, M. D., lS8:i, p. 3. He died in 1763, 
while still a member of the Ooimcil.— JV. J. Analytical Index, 371.— [W. N.] 



344 ADMINISTEATION OF GOVERNOR HARDY. [1762 

Remonstrance of the Judges to the Earl of 
Hahfax 

Janry 2;^ inu. 

To the Eight Hon'''^ the Earl of Halifax &c. 

My Lords. 

We should not be so importunate with your Lord- 
ships, but the bearer, M' Jones, is as great an object 
of your Compassion, as ever tvas, he tells us, which 
we believe to be true; that by his Voyage to and from 
America, and the great Expence he was at in provid- 
ing necessarys for himself and Servants, suitable to his 
Station abroad, that he has spent all his substance, 
and by his absence so long abroad, he says he has lost 
all his Business, which he had here, which though not 
great aiforded him a Competent Maintenance, so that 
he is now left destitute of any provision: 

We desire therefore that your Lordship will be so 
good to recommend him to some of the Offices now 
Vacant, or that some provision may be made for him, 
as we think we could not ask it, for one who deserves 
it so well: 

We hope your Lordship will not consider this as a 
Letter of Course; for we are really concerned for this 
Poor Cxentleman; and whatever favour you l)estow on 
him, we shall Esteem it an Obligation lain on 
My Lord Your Lordships 
most obedient and most humble Servants 

J: WiLLES E: Clive 
T: Parker W: Noel 



1763] ADMiNISTRATION OF GOVERNOR HARDY. 345 



Letter from Governor Hardy to the Lords of Trade- 
had re-appointed Mr. Morris Chief Justice and 
Messi^s. Nevill and Saltar second and third Judges 
— and refei'ring to a Bill hefoi^e the Assembly for 
laying o, duty on imported Negroes. 

[From P. R. O. P.. T., New Jersey, Vol. 9, K. 22.] 

Perth Amboy Jan^ 2( >'" 1 702 

The R* Hon'''*^ The Lords Commissioners for 
Trade & Plantations 

My Lords 

By the last Packet T received under a blank cover 
his Majestys Instructions bearing date the 29"' day of 
September, directing the alteration in the morning & 
Evening Prayers in w^hich the Royal Family ai'e prayed 
for; I have accordingly caused a proclamation to be 
issued throughout the Province & the same is punct- 
ually obey'd in all the Parish Churches & other places 
of Divine Worship. 

The General Assembly met on the 30"' of NovT and 
not having much business before them I dismissal 
them the 12"' of last month, after having assented to 
the Bill for the Support of Government, v^hich they 
have voted to continue till the 21^' day of May 1703. 
Copy of v^hich I shall order the Deputy Secretary to 
transcribe as also of six other bills pass'd this Sessions 
all of which I will send Your I^ordships by the first 
opportunity; the General Assembly now stand pro- 
rogued to the 10"' of next month. 

I found by these minutes that they intended bring- 
ing in a bill to lay a small duty on Negroes imported 
into this Province, but on a message from me acquaint- 
ing them that his Majestys instructions would not 
allow my assenting to such a Bill, they dropt it; but 
at the same time they represented to me the incon- 



346 ADMlKlSTRATiON OF GOVERNOR HARDY. [1762 

venience the Province is exposed to in lying open to 
the free importation of Negros/ when the Provinces 
on each side have laid duties on them; for which 
reason great Numbers of Negros are landed in this 
Province every Year in order to be run into New York 
& Peusylvania besides overstocking this Country with 
Slaves of which in the general opinion there are already 
too many. They have therefore desired I would lay 
this matter before your LordshijDs, as they look upon 
it as a great hardship, I could therefore wish Your 
Lordshii)s would please to take into consideration & 
intercede with his Majesty to grant them such relief 
as in his wisdom he may think fit. 

I must further acquaint Your Lordships, that soon 
after my arrival T found there was a total Stop to the 
Administration of Justice in the Supreem Courts, by 
the Judges Commissions not having been renewed 
since the death of his late Majesty, and a Rumour 
began to bo spread that the Judges were not qualify'd 
to act. I therefore (for fear of any bad consequence, 
and to quiet the minds of the People who appeard 
much disatisfy'd) thought it best for his Majestys Ser- 
vice as well as the good of the Province to order the 
Commissions to be renew'd, in the same manner as 
they have hitherto been granted, which is during good 
behaviour; I must observe to Your Lordships likewise 
that I found the General Assembly liad come to a 
resolution not to make any provision lor the Judges 



' In 1754, John Woolmim, of Burlington county, published "Some Considerations 
on the Keeping of Negroes," in which he strongly insisted that slaveholding was 
contrary to Scripture. He thenceforward labored steadfastly among his fellow 
Friends to do away with slavery, and through his persistent agitation of the sub- 
ject the Pliiladelphia Yearly Meeting, in 1758, sent out a deliverance on the pro- 
priety of Friends holding slaves. In 1759 they adopted more pronounced opinions 
on the same subject. — Woolnian.''s Journal, Dublin, 1794, 90-4, 100. Anti-slavery 
sentiments were thus steadily cultivated among the Friends, and it was doubtless 
from this movement that the New Jersey Assembly sought to do what the Pennsyl- 
vania Assembly actually did— enact a law providing for a duty on imported slaves. 
—Penn. Col. Records, VIII., .575-8, COl. The New Jersey Legislature enacted a sim- 
ilar law in 1769, imposing a duty of £15 on every imported slave sold in the Province, 
— AUinsou''s Laivs, 315. — [W. N.] 



1762] ADMINISTRATION OF GOVERNOR HARDY. 347 

in the bill for Suppoi-t of Government if they accepted 
Commissions during pleasure; I therefore hope I shall 
have his Majesty's & Your Lordships approbation for 
what I have done. 1 hkewise found it absolutely nec- 
essary to renew M' Morris's Commission of Chief Jus- 
tice, and I cannot help observing that he is certainly 
a very proper Person for this Post which ought to be 
held by a Man of Abilities & character especially at 
this time when M'" Nevill the second and M' Saltar the 
third Judge are both advanced in Years & declining 
in health which may sometimes render them Incap- 
able of executing their Offices in case of an Accident 
happening to either of these two Gentlemen which is 
likely to be expected, I should be glad to have Your 
Lordships directions as tis not in my opinion for the 
benefit of the Province to keep these employments 
long vacant however I submit this to Your Lordships 
wiser determinations & am with great respect 
My Lords Youi* most Obedient 

Humble Servant 

JosiAH Hardy 



Letter from Governor Hardy to the Earl of Egremont, 
relating to the Duty on Imported Negroes and 
Commissions of Gover7inient Officers. 

(From P. R. O., America and West Indies, Vol. 172, [190.]). 

Perth Amboy 22'! Jan?' 1762. 

E^ Hon^?^ Earl of Egremont 

My Lord. 

By the last Packet I received two letters from M' 
Pitt dated the 11"' and 28"' SeptV with the joyfull news 
of his Majestys happy marriage, and coronation which 
I immediately communicated to the General Assembly 
of this Province wiio were then sitting. I likewise 



348 ADMINISTRATION OF GOVERNOR HARDY. [1762 

had the honor of Your Lordships letter of the 9"' Octo- 
ber acquaintmg me that his Majesty had been pleased 
to appoint you to be secretary of state for the Southern 
Department I sincerely congratulate Your Lordship on 
this occasion, and beg leave to recomment the Province 
of New Jersey to your patronage and protection. 

The General Assembly in their last Sessions brought 
in a bill to lay a small duty on Negro's imported here, 
which I stop'd their proceeding in by a message ac- 
quainting them that the 20"' article of his Majestys 
instructions forbid my giving my assent to such a Bill, 
whereupon they have desired me to represent to your 
Lordshi}) the Hardship they think themselves under, 
as the l^rovinces on each Side have laid such a duty 
which which occasions great Numbers of Negi^o's to be 
every year landed in this Province and are from hence 
run into New York and Pensylvania, besides over- 
stocking this Country with Slaves, of which in the 
general opinion there are already too many ; and pre- 
vent in a great measure settling the Colony properly 
they therefore humbly hope his Majesty will be please 
to take their case into consideration and grant them 
relief, by giving me orders to assent to a bill for this 
purpose. 

I must now acquaint Your Lordship with a difficulty 
I found my Self under on my arrival in this l^rovince. 
The time limited for all Officers under the Government 
holding their Commissions being expired, the Judges 
of the Superior Courts look'd on themselves as not 
legally qualify'd to act by which means a total Stop 
was put to the administration of Justice in those 
Courts, this being represented to me as a very serious 
matter which might be attended with very bad con- 
sequences, and that the minds of the people began to 
be uneasy, I therefore by the unanimous advice of his 
Majesty's Council have renew'd the Chief Justice and 
second and third Judges Commission, in the same 



1762] ADMINISTRATION OF GOVERNOR HARDY. 349 

manner and to the same Gentlemen who have dis- 
charged these Offices with great reputation and. integ- 
rity. I would wiUingly have postponed this affair till 
I could receive his Majesty's Commands, but, I found 
the delay must occasion great inconveniences and be 
attended with consequences that might prove very 
prejudicial in carrying on his Majesty's Service, and 
likewise much disturb the pubhck peace; I therefore 
hope I shall have the honor to receive his Majesty's 
approbation of what I have done; and I should be 
glad to know his Majestys pleasure what I am to do 
in case a vacancy should happen which may be ex- 
pected from the age and infirmity of the Second and 
third Judges. 

I am with the greatest respect My Lord 

Your most obedient Humble Servant 

JosiAH Hardy 



Memorandum of Case referred to the Attorney and 
Solicitor General as to whether Governor Hardy's 
appointment of Judges during ^ood behavior are 
valid. 

[From P. R. O. B. T. New Jersey, Vol. 17, p. 131.] 

Case. 
Case referred to the Attorney & Solicitor General 

By His Majesty's Letters Patent bearing date at 
Westminster the day of ITCl, Josiah 

Hardy Esq'- was appointed to be Captain General & 
Governor in Chief of Nova Ca3sarea or New Jersey, 
and was thereby requned to do and execute all things 
in due manner that belong unto his said Command 
and the trust iei)Osed in him, according to the several 



350 ADMIJSriSTEATIOK OF GOVERNOR HARDY. [1762 

Powers and directions granted or appointed by his 
said Commission, & the Instructions & Authorities 
therewith given him, or by such further Powers, In- 
structions and Authorities as should at any time be 
granted or appointed him under His Majesty's Signet 
& sign manual, or by Order of His Majesty in his 
Privy Council, and according to such reasonable Laws 
& Statutes as were then in force, or should be made 
and agreed upon by him with the Advice and Consent 
of the Council and the Assembly of the said Province 
under his Government, in such manner and form as 
was therein expressed. 

The said Josiah Hardy was further impowered by 
the said Letters Patent to erect, constitute and estab- 
lish such and so many Courts of Judicature and pub- 
lick Justice within the said Province under his Gov- 
ernment as he should think fit and necessary for the 
hearing and determining of all Causes as well Criminal 
as Civil according to Law and equit}^ and for awarding 
of Execution thereupon, with all reasonable and nec- 
essary Powers, Authorities, Fees & Privileges belong- 
ing thereto; and also to constitute and appoint Judges 
and in Cases requisite Commissioners of Oyer and 
Terminer, Justice^ of the Peace, and other necessary 
Officers and Ministers in the said Province for the 
better Administration of Justice, and putting the Laws 
in Execution. 

By His Majesty's general Instructions to the said 
Josiah Hardy Esq' under His Majesty's Signet and 
Sign Manual, bearing date the 30"' day of June 1701, 
which said Instructions are referred to in, and were 
dehvered with the above recited. Letters Patent, it is 
directed, that all Commissions to be granted by him 
the said Josiah Hardy to any Person or Persons to be 
Judges, Justices of the Peace or otlier necessary Offi- 
cers should be granted during Pleasure only. 

Some time after M- Hardy's Arrival in his Govern- 



1762] ADMINISTRATION OF GOVERNOR HARDY. 351 

ment, he thought fit to appoint Robert Hunter Morris 
Esq"^ to be Chief Justice, and two other Gentlemen to 
be second & third Judges of the supreme Court during 
their good Behaviour. 

Q. Are such Appointments of these Judges to be 
Judges of the Supreme Court during good Behaviour, 
contrary to the express Directions of His Majesty's In- 
structions to the Governor, legal and valid Appoint- 
ments ? ' 

Q. If such Appointments are not legal & Valid, by 
what Authority and in what manner may they be set 
aside ? 

[March 1762] 



Letter from Mr. PowiiaU, Secretary of the Lords of 
Trade, to Sir Matthew Lamb, desiring him to 
prepare a draft of a Bill for the punishment of 
murder committed ivithin the Admiralty Jurisdic- 
tion in the Plantations. 

[From P. R. O. B. T., Plantations General, Vol. 41, Page 1T9.] 

Whitehall March 17"' 1762 

To Sir Mathew Lamb Bar* 

Sir 

His Majesty having been pleased by his Order in 
Council of the 11 V instant to direct that the Lords 
Commissioners for Trade and Plantations do, with the 
Advice and Assistance of His Majesty's Advocate At- 
torney & Solicitor General, prepare, in order to be laid 
before Parliament, a BiU for the Tryal and Punish- 
ment of Persons guilty of Murther within the Admir- 

' See Attorney General's Answer, January 18th, 1763.— Ed. 



353 ADMINISTRATION OF GOVERNOR HARDY. [1763 

alty Jurisdiction in the Plantations, and it being His 
Majesty's Pleasure that this Business should be pro- 
ceeded upon with all possible Dispatch; I am directed 
by their Lordships to desire that you will forthwith 
draw up the Heads of a proper Bill for this Purpose 
to be immediately laid before their Lordships for their 
Consideration and that you may be the better enabled 
to pursue thei)' Lordships Directions herein, I herewith 
inclose to you a Report of His Majesty's Advocate, 
Attorney and Solicitor General upon certain Questions 
stated to them in reference to the Laws as they now 
stand. I am Sir 

Your most obedient humble Servant 

John Pownall. 



A Bill for the more speedy and effectual Tryal 
and Punishment, in His Majesty's Colonies 
and Plantations in America, of Persons 
guilty of Murder within the Limits of the 
Admirals Jurisdiction. 

W/icrcas by An Act of Parliament made in the 
Twenty Eigth Year of the Reign of King Henry the 
Eighth, It is Enacted that Treasons, Felonies, Rob- 
beries, Murders and Confederacies committed on the 
Sea shall be enquired of, tryed and determined accord- 
ing to the common Course of the Laws of this Land 
used for such offences upon the Land within this 
Realm, Whereupon the Tryal of those offenders ])efore 
the Admiral or his Lieutenant or his Comissary hath 
been altogetlier disused, And Wliereas since the pass- 
ing the said Act, Persons committing Murders on the 
Seas or in any Haven Creek or Place where the Ad- 
miral lias Jurisdiction in His Majesty's Colonies and 
Plantations in America, cannot he brought to condign 
Punishment without great Trouble Charge and Incon- 



1763] ADMIKTSTEATION OF GOVERKOK HARDY. 353 

veiiience in sending them to England to be tryed 
within the Reahii as the said Statute directs, therefore 
for the removing such Inconveniences, and for the 
more effectual Execution of Justice upon such Persons 
who having committed Murders upon the Seas, within 
the Admirals Jurisdiction, shall be apprehended in or 
brought Prisoners to any of His Majesty's said Colonies 
or Plantations in America, Be it Enacted by the Kings 
most Excellent Majesty, by and with the Advice and 
Consent of the Lords Spiritual and Temporal and Com- 
mons in this present Parliament assembled, and by the 
Authority of the same, that from and after the first 
Day of July 1762 all Murders which shall be committed 
upon the high Seas, or in any River, Haven, Creek or 
Bay where the Admiral hath Jurisdiction, may be in- 
quired of, tryed, heard, determined. Judged, and Exe- 
cution awarded and done within any of His Majesty's 
Islands, Colonies and Plantations in America in such 
like manner and form as if such Offence had been 
committed or done upon the Land, And be it further 
Enacted by the Authority aforesaid, that the Gov- 
ernor, Lieutenant Governor or other Person in Chief 
Authority and Command for the time being, in any of 
His Majesty's said Islands Colonies and Plantations in 
America, within which any Person or Persons charged 
with having committed Murder upon the Seas or in any 
Haven, River, Creek or Bay whore the Admiral has 
Jurisdiction shall be apprehended or to which he she 
or they shall be brought Prisoners, is hereby author- 
ized and required to issue a Commission under the 
publick Seal of the said Island Colony or Plantation 
directed to the Judge or Judges of the Admiralty of 
the said Island, Colony or Plantation for the time 
being, and to three or four such other substantial Per- 
sons as the said Governor Lieutenant Governor or 
other Person in Chief Authority and Command shall 
.name and appoint to hear and determine such Offences 
33 



354 ADMIN1ST11A.TI0N OF GOVEKNOR HARDY. [1763 

according to the common Course of the Laws of the 
said Island, Colony or Plantation used for the Tryal 
and Punishment of Murder committed or done upon 
the Land, which said Commissioners or such a Quorum 
of them as shall be appointed by the said Commission 
shall have as full and ample Power to enquire, hear, 
determine, adjudge, and punish such Offence as afore- 
said, as any Commissioners to be appointed by Com- 
mission under the great Seal of Great Britain by virtue 
of the said Statute made in the Twenty Eighth Year 
of the Keign of King Henry the Eighth might or could 
have, use, exercise or enjoy in cases of the Hke Nature 
within the Realm of England, And be it further En- 
acted by the Authority aforesaid, that all and every such 
Offender or Offenders as aforesaid, which shall be 
apprehended in or brought Prisoners to any of His 
Majesty's said Islands, Colonies or Plantations in 
America, shall be liable to such Order Process Judg- 
ment and Execution by virtue of the Commission to 
be grounded upon this Act as might be awarded or 
given against him her or them, in case he she or they 
were proceeded against within the Realm of England, 
by virtue of any Commission grounded upon the said 
Statute of the Twenty Eighth Year of the Reign of 
King Henry the Eighth. Provided always and be it 
Enacted by the Authority aforesaid, that nothing in 
this Act contained shall be construed to prevent any 
Person or Persons who shaU have committed Murder 
upon the Seas, or in any Haven, River, Creek or Place 
where the Admiral has Jurisdiction and shall not have 
been tryed according to this Act from being tryed for 
such Offence within the Realm of England according 
to the said Statute of the 2Sf Year of the Reign of 
Henry the Eighth. 

And be it further Enacted by the Authority afore- 
said, that this Act shall continue and be in force for 
the Space of seven Years, and from thence to the end 
of the then next Session of Parliament and no longer. 



1763] ADMINISTRATION OF GOVEKNOK HARDY. 355 



Commissio7i of John Brainerd, as Superintendent 
and Guardian of the Indians at Brotherton. 

[From Book A.AA of Commissions, Secretary of State's Office, Trenton, fol. 369.] 

His Excellency Josiah Hardy Esquire Captain 
General and Governor in Chief in and over his Maj- 
esty's Province of New Jersey and Territories thereon 
depending in America Chancellor and Vice Admiral in 
the same &c. To the Reverend Mr. John Brainard,' 



' John Brainerd was the son of the Hon. HezeMah Brainerd, Jr., of (Old) Haddam, 
Conn., where he was born Februaiy 28, 1720, two years later than his famous 
brother, David. He was graduated from Yale College in 1746. The Rev. David 
Brainerd, his brother, in this year established a new mission among the Indians of 
New Jersey at a place he significantly called Bethel— a^houi two miles northeast of 
Cranberry, in Middlesex County. He was compelled by ill health to leave it in 
the spring of 1747, and his brother John took charge of it for him, arriving at 
Bethel April 15th, of that year. He was ordained to the ministry in Blay, 1748, and 
was then formally commissioned as missionary to the Indians, by the Society in 
Scotland for Propagating ('hristian Knowledge, his brother David having died 
October 9th. 1747. He remained in this charge until the fall of 1755, when he was 
obUged to relinquish the work, and removed to Newark, where he remained most 
of the time until the spring of 1759, having charge of the First Presbyterian Church 
in that to^^oi, although he does not appear to have been installed pastor. He spent 
nine more years among the Indians, at Brotherton, of which more hereafter, and 
in 1768 took up his residence at Mount Holly, preaching to the whites. In 1775 he 
returned to Brotherton, but in 1777 removed to Deerfleld, Cumberland County, 
giving the Indians every alternate Sabbath, and preaching the rest of the time to 
the whites in the southern part of the State. He was a Trustee of Princeton Col- 
lege 1754-81. He died in March, 1781, and his remains repose beneath a white 
marble slab in the floor of the Deerfleld Church. He left one daughter, the wife of 
Major John Ross, of Revolutionary fame; she died in 1792, leaving three children, 
only one of whom left descendants.— Z/i/e of John Brainerd, by the Rev. Thomas 
Brainerd (1865), Passim; A Genuine Letter from Mr. John Brainard, etc., London, 
1753; Journal of Rev. John Brainerd (1761-2), 1880; Life of Rev. David Brainerd, 
Passim. The name is often vsritten Brainard, but the missionaries wrote it Brainerd 
themselves. 

John Brainerd was laboring with considerable success among the Indians at 
Bethel, when, in 1749, the title of the native occupants was attacked by Chief-Jus- 
tice Robert Hunter Morris, which discouraged the Indians, who in the course of 
time gradually disposed of their lands. In 1753 it was proposed to remove them to 
Unadilla, Penn., but this was not carried out. In 1754 an effort was made, doubt- 
less through Brainerd, to secure a tract of about 4,000 acres in New Jersey, for the 
permanent settlement of the Indians, and this was endorsed by the Society for 
Propagating Christian Knowledge, under whose auspices Brainerd was working. 
This movement failed also. In 1755 the Correspondents of the Society, at New 
York, reported that the Indians at Bethel would soon be dispossessed, and they 
recommended that the Society should either buy land or apply to the Government 



356 ADMINISTRATION OF GOVEENOR HAEDY. [1763 

Greeting, Whereas by an Act of General Assembly 
made and Passed in the Thirty Second year of the 
Reign of his late Majesty King George the Second, 
Intitled, An Act to Empower Certain Persons to Pur- 
chase the Claims of the Indians to Land in this Colony, 
It is among other things Enacted and Provided, That 
the Commissioners therein named (to wit) Andrew 
Johnston, Eichard Saltar, Charles Read, WiUiam Fos- 
ter, and Jacob Spicer Esqr. or any three of them with 
the Ai)probation of the Governor or Commander in 
Chief of the Province for the time being, should Pur- 
chase some Convenient Tract or Tracts of Land for 
the Settlement of such Indian Natives who had Re- 
sided or then did Reside in the said Province South of 
the River. And Whereas the said Commissioners by 
and with the Consent & Approbation of His Excellency 
Francis Bernard Esqr, then Governor in Chief of the 
said Province did Pursuant to the Powers to them 



for a grant of unappropriated land for their settlement. In 1756, again, the Corres- 
pondents thought they had a prospect of securing such a tract, comprising about 
3,000 acres, in New Jersey, admirably adapted for the purpose, in Mr. Brainerd's 
judgment; the cost was to be about £450, sterling, of which they had £150, and 
asked the parent Society for the balance. That body voted, in November, 1757, to 
furnish the requisite £300, but it was never forthcoming, perhaps because of 
another movement in the same direction.— ii/e of John Brainerd, 154-8, 269-286, 
293-6, 4.55. Under date of April 16th, 1757, a number of Friends in West Jersey 
organized " The New Jersey Association for Helping the Indians." The first article 
provided that a tract of about 2,000 acres of land in Monmouth, Burlington or 
Gloucester should be purchased b.y the Association and set apart for the use of the 
native Indians of New Jersey, forever, free of rent. Although about £175 was sub- 
scribed for the purpose, it does not appear that the Association ever went into 
actual operation, but it is quite apparent that this praiseworthy movement, follow- 
ing up the persistent efforts of Brainerd, led the way for the action subsequently 
taken by the Legislature. At the Conference held at Easton, August 9, 1758, the 
Indians asked that a tract of land be purchased of Benjamin Springer, in Evesham 
Township, Burlington Coimty, to be set apart for their use, in exchange for the 
territorial rights claimed by the Indians south of the Raritan. Just three days 
later the Legislature authorized the purchase, the lands to be held by Commis- 
sioners named in the Act, and their successors, in trust, forever, for the use of the 
Indians. The same month three tracts were bought, cne of Benjamin Springer and 
two of Richard Smith, amounting in all to nominally 1,983 acres, but actually to 
3,044 acres. (This was undoubtedly the tract selected by Brainerd in 1756.) The 
Commissioners were authorized to erect dwellings, mills, sclioolhouses, etc., and to 
exercise a general supervision over their wards. (They do not appear to have 
carried out their instructions, however, for in 1761 Mr. Brainerd writes that he 
appealed to the Legislature for aid to erect a schoolliouse, a grist mill, a black- 
smith's shop and a small trading store ; but the Quaker influence in the Assembly 



l'J'62] ADMINISTRATION OF GOVERNOR HARDY. 357 

given in and by the before Recited Act of Assembly 
did purchase of and from one Benjamin Springer a 
Certain Tract of Land in the Town of Evesham and 
County of BurHngton, since called and known by the 
Name of Brotherton by a Certain Indenture bearing 
date the Twenty Ninth day of August in the 32nd 
year of the Reign of our late Sovereign Lord George 
the Second made between the said Benjamin Springer 
of the one part and his said Excellency Francis Ber- 
nard Esq. Governor &c. the said Andrew Johnston, 
Richard Saltar, John Stevens, William Foster, and 
Jacob Spicer, the said Commissioners of the other 
part, Recorded in the Secretaries Office at Burhngton 
in Liber O. of Deeds page 394 may more fully and at 
large Appear. And Whereas a Considerable Number 
of Indians Sensible of the Provident Care of this Gov- 



defeated the project.— Li/e of Brainerd, 318. It is probable that the hostility to 
the measure was on account of the undesirable character of the Indians.) The 
settlement was called Edge 1 illoek, Indian Mills, or Brotherton. The last name has 
unfortunately disappeared from the map. It is thought that this was the first 
Indian Resei-vation estabUshed by law in the country. About 100 of the Lenni Len- 
ape resided on this tract for many years, gradually diminishing in thrift and num- 
bers. In 176-3 they appealed to the Legislature for aid, but vainly, and in 1796 that 
body appointed other Commissioners to talie charge of them, and to lease out their 
lands for their benefit. In 1801 the Indians were invited by some of their kindred 
near Oneida Lake, New York, to settle among them. They accepted the invitation, 
and at their request the Legislature directed the tract to be divided and sold, for 
their benefit, which was done, the money going to defray the expenses of the 
removal of tlie Indians to New York, and to put something into the treasury of 
their hosts.— Fragmentary History of New Jersey Indians, by Samuel Allinson, 
Proceedings N. J. Hist. Soc, January, 1875. "The tract was located a little north- 
west of the centre of the present Shamong Township, Burlington County, covering 
what is now the village of Indian Mills, on Bread and Cheese 'R\xn."—Hist. Burling- 
ton and Mercer Counties, 1883, p. 415, which also gives a map of the subdivision of 
the tract made in 1802. Sec. 7, of the Act of 1758, authorizing the purchase of this 
Indian reservation, provided: "The Lands to be piu-chased for the Indians as 
aforesaid shall not hereafter be subject to any Tax; any Law, Usage or Custom to 
the contrary thereof in anywise notwithstanding."— ^Hmisoh's Laws, 321. The act 
of 1801 authorizing the sale of the tract was silent as to the exemption from taxa- 
tion, and in 1803 the local assessor, deeming that the exemption no longer existed, 
assessed the lands for State and county purposes. The purchasers certioraried, 
and the Supreme Court in September, 1804, quashed the assessment. In December 
following, the Legislature passed an act repealing section seven of the act of 1758, 
and in 1805 the assessor again assessed the lands in question, and the Supreme 
Com-t, at the November term, 1807, affirmed the validity of the assessment, holding 
that the exemption clause was not an irrepealable contract, and that it was merely 
for the benefit of the Indians during their use and occupancy of the land. (1 Pen- 
nington, 301.) This judgment was affirmed by the Court of EiTors, but being 



358 ADMINISTRATION OF GOVERNOR HARDY. [1762 

ernment have Settled themselves on the said Tract of 
Land called Brotherton so as aforesaid Purchased for 
the Uses and Purposes aforesaid, And it being neces- 
sary, as well for the Service of the said Indians as for 
the Quiet of the inhabitants being near the said Place 
called Brotherton, that some Person should be Ap- 
pointed to take care of and Superintend such Indians 
as are already Settled or hereafter may Settle at 
Brotherton aforesaid. Now Knoiv you, that I Repos- 
ing Especial Trust and Confidence in you the said 
John Brainard, Do by these Presents Constitute and 
Appoint you the said John Brainard Superintendent 
and Guardian of the said Indians and every of them, 
and of the said Tract of Land CaUed Brotherton, Sub- 
ject, Nevertheless to such Orders and Regulations as 
shall or may be made Relative to the said Indians by 
me or the Commander in Chief of this Province for 
the time being, or by the Commissioner hereinbefore 
mentioned or such as shall be hereafter Named and 
Appointed by Act of the Legislature for that purpose. 
Given under my Hand and Seal at Arms at Burlington 
this Twenty Second day of March Anno Domini, 1702. 

*^^ — * JosiAH Hardy. 

3 Seal at [ g^ j^jg Excellcncy's Command, 

'^ ^^^ } Chas. Read. Secry. 



carried to the Supreme Court of the United States, was in 1812 reversed, that tri 
bimal deciding that the act of 1804 was unconstitutional, as impairing the validity 
of a contract. A singular fact is that in 1814, in the face of this decision of the 
highest coiu-t in the land, the property was again assessed, and a still stranger 
fact is that the taxes were thereafter regularly paid, until 1877, without objection 
or protest. In 1877 the assessment was again certioraried to the Supreme Com-t, 
which at the November term, 1879, affirmed the vahdity of the assessment, on the 
ground that in view of all the facts, as above, "the payment of the taxes from 
1814 to 1877, without questioning the right to lay them, j-aised a conclusive pre- 
sumption that by some convention with the State the right to exemption was sur- 
rendered." — Vi Vroom, 478. Brainerd, although often seeking the recognition and 
aid of the authorities of the province in his important work, does not mention the 
above commission in any of his letters or journals which have come to light; nor 
is it referred to in the very complete and exhaustive biography quoted above. 
Perhaps as it was unaccompanied by any substantial assistance, which was so 
much needed by him to prosecute his laborious and self-sacrificing task, he may 
have thought it unworthy of notice.— [W. N.] 



1762] ADMINISTRATION" OF GOVERNOR HARDY. 359 

Commissions for Surrogates in the Western and East- 
ern Divisions of New Jersey. 

[From Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 367-8.] 

By his Excellency Josiah Hardy Esquire Captain 
General & Governor in Chief in and over His Majestys 
Province of New Jersey and Territories thereon depend- 
ing in America Chancellor and Vice Admiral in the 
same. To Charles Read Esqr., Samuel AUmson, & 
Gabriel Blond, of the City of Burlington, John Ladd of 
the County of Gloucester, George Trenchard of the 
County of Salem, Maskell Ewing of the County of Cum- 
berland, Henry Yomig of the County of Cape May, 
Theophilus Severns of the County of Hunterdon, and 
Aaron Doud of the County of Sussex Greeting 

I Reposing especial Trust & Confidence in your and 
each of your Integrity Learning and Ability have 
thought fit to Constitute & appoint, and I do hereby 
Constitute and appoint you and each of you the said 
Charles Read, Samuel Allinson, Gabriel Blond, John 
Ladd, George Trenchard, Maskell Ewing, Henry 
Young, Theophilus Severns, & Aaron Doud, Surro- 
gates of the Prerogative Court in the Western Division 
of the Province of New Jersey aforesaid, Giving and 
hereby Granting unto you and each of you the said 
Charles Read, Samuel AUinson, Gabriel Blond, John 
Ladd, George Trenchard, Maskell Ewing, Henry Young, 
Theophilus Severns, and Aaron Doud, All Powers and 
Authorities to the said Office belonging. To Hold the 
same durmg my Will & Pleasure, In Testimony 
wherof I have caused the Prerogative Seal of the said 
Province of New Jersey to be hereunto Affixed at 
Perth Amboy in the said Province the Twenty Second 
day of March in the Second Year of his Majestys 
Reign, and in the year of Lord One Thousand Seven 

Hundred and Sixty two. 

Chas. Read. Regi. 

[Prerogative Seal of New Jersey.] 



3G0 ADMINISTRATION OF GOVERNOR HARDY. [1762 

A Commission was Granted by His Excellency 
JosiAH Hardy Esqr. Governor of the Province of New 
Jersey &c. to Charles Eead Esqr. Secretary of the 
Province of New Jersey John Smyth, Andrew Smyth, 
and Jonatlian Doane, of the City of Perth Amboy, 
Anthony White, and James Hudd Junr. of the City 
of New Brunswick, Robert Ogden of Elizabeth Town, 
Uzal Ogden and Lewis Ogden of Newark, John So- 
brisco of the County of Bergen, Jacob Dennis & Sam- 
ual Leonard of the County of Monmouth, Appointing 
them and each of them Surrogates of the Prerogative 
Court in the Eastern Division of the Province of New 
Jersey, To Hold the same during Will & Pleasure, 
Dated at Perth Amboy the Twenty Second day of 
March in the Second year of the Eeign Annoq. Dom. 
17()2 with the Prerogative Seal thereto Affixed. 
Signed. 

Chas. Read. Regr. 



Secretary Pownall of the the Lords of Trade to Robert 
Wood, enclosing a representation from that body 
luhich had been submitted to the Council, asking 
for the removal of Governor Hardy. 

[Trom P. R. O., America and West Indies, Vol. \Ti, (100).] 

Whitehall, March 27 V 1702 

Eobert Wood Esqr 
Sir. 

I am directed by the Lords Commissioners for Trade 
and Plantations to send you the enclosed Rep" which 
their Lordships have this day made to His Majesty in 
Council, proposing that W Hardy Govi" of New Jersey 
may be removed from his Gov^ and to desire you will 
communicate it to Lord Egremont. 
I am with great truth & respect Sir 

Your most Obed' and most humble Serv* 

J Pownall. 



1762] ADMINISTRATION OF GOVERNOR HARDY. 36l 

Copy of Eepresentation from the B: of Trade to 
the King in Council, for removing M?" 
Hardy from the Government of New Jer- 
sey, dated March 27f 1762 for his having 
appointed three Judges of that Province 
during their good behaviour, in Disobedi- 
ence to his Majesty's Instructions. 

To the Kings most Excellent Majesty, 

May it please your Majesty, 

Having lately rec? a letter from Josiah Hardy Esq^ 
Governor of your Majesty's Province of New Jersey, 
dated the 20"' of Janry last, acquainting Us amongst 
other things that he had granted a Commission to 
Eobert Hunter Morris Esq!' to be Chief Justice and 
also Commissious to two other Gentlemen to be second 
and third Judges of the supreme Court of Justice in 
that Province, during their good behaviour, it is our 
duty humbly to lay before your Majesty the annex'd 
extract of so much of M' Hardy's letter as relates to 
this matter. 

We have already in Our iiumble Representation to 
your Majesty of the 11"' of November last so fully set 
forth Our Opinion of the impropriety of the Judges in 
the Plantations holding their Offices during good 
behaviour and the operation, w'^'' iu the present state 
of those Plantations such a Constitution would have 
to lessen their just and proper dependance upon your 
Majesty's Government that it is unnecessary for Us 
to add any thing further upon that head, and your 
Majesty's General Instructions to ah your Governors 
and those Instructions in particular which were 
grounded upon that Representation are so full and so 
positive that We cannot offer any thing that may in 
the least degree extenuate so premeditated and unpre- 
cedented an Act of disobedience of your Majesty's 



362 ADMINISTHATION OF GOVERKOR HARDY. [1762 

Governor of New Jersey, in a matter so essential to 
your Majesty's interest and Service, not only in that 
Province but in all other your Majesty's American 
Dominions. 

The appointing M'' Morris to be Chief Justice after 
the Contempt he had shown of your Majesty's authori- 
ty, by procuring a person who had been appointed to 
that Office in consequence of His late Majesty's 
Warrant, to be superseded by a Judgment of that 
Court, in which he claimed to preside by a bare 
authority of the Governor, is alone such an example 
of misconduct, as does, in our opinion, render the Gov- 
ernor unworthy of the Trust your Majesty has conferred 
upon him. But aggravated as his Guilt is by the mode 
of the appointment and by the influence which it will 
necessary have in the neighbouring Provinces of Pen- 
sylvania and New York, and particularly in the latter, 
where the utmost zeal and efforts of the Lieut' Gov- 
ernor has been hardly sufficient to restrain the intem- 
perate zeal and indecent opposition of the Assembly to 
your Majesty's authority, and Royal Determination 
upon this point: It becomes, under these Circum- 
stances, our indispensible duty to propose that this 
Gentleman may be forthwith Recalled from his Gov- 
ernment, as a necessary exam])le to deter others in the 
same situation from like Acts of Disobedience to your 
Majesty's Orders, and as a measure essentially neces- 
sary to support your Majesty's just Rights and 
authority in the Colonies and to enable Us to do Our 
duty in the station your Majesty has been graciously 
pleased to place Us in, and effectually to execute the 
Trust committed to Us. 

Which is most humbly submitted. 
Sandys E"? Eliot 

SoAME Jenyns Geo: Rice 
E" Bacon John Roberts . 

John Yorke 
Whitehall March 27'" 1702 



1762] ADMINISTRATION OF GOVERNOR HARDY. 3G3 



Letter from Governor Hardy to the Secretary of State 
on the declaration of war against Spain. 

[From America and West Indies Vol : 1T2 (190).] 

Perth Amboy 29'?' April 1SG2. 

The R^ hon^.^'' the Earl of Egremont 

My Lords, 

I have the honor of your Lordships letter of the 7"' 
January by the Enterprize as also a duplicate of the 
same by the Packet, inclosing me his Majestys Dec- 
laration of War against Spain, which I have accord- 
ing to His Majesty's command caused to be proclaim- 
ed in both divisions of this Province; and I have taken 
such steps as I hope will effectually prevent the 
Enemy receiving any Supplys of provisions, ammun- 
ition, or Stores from hence. 

In my letter of the 2 ins- I inform'd your Lordship 
that the Assembly of this Province had voted the full 
number of Men for the Provincial Regiment which is 
now com pleat and will in a very few days be ready 
for Service I have now the pleasure to acquaint your 
Lordship, that on my Second Application to the Assem- 
bly they with great cheerfuhiess and unanimity agreed 
to grant the necessary encouragement for raising the 
Quota demanded of them by His Majesty's General 
for recruiting the Regular Forces, I shall therefore 
do every thing in my power to raise the Men as soon 
as possible. I shall only add that altho' Our Assembly 
did not see this affair in its true light at first yet as 
they have now comply 'd with the whole of His Maj- 
estys Requisition I humbly hope they will not lye 
under the weight of His Majestys displeasure. 

I am with the greatest respect 
My Lord Y our Lordships 

most Obedient & most Humble Servant 

JosiAH Hardy 



364 ADMINISTRATION OF GOVERNOE HARDY. [1762 



Letter from Governor Hardy to Secretary Poivnall — 
the Commissions during good behavior had been 
relinquished by the Judges — R. H. Morris strong- 
ly recommended for Chief Justice — the death of 
Andreiv Johnston of the Council expected. 

[From P. R. O. B. T., New Jersey, Vol. 9, K, 26.] 

Perth Amboy 22"! June 1762. 
Sir 

This goes by M"" Barons who will send to the Office 
a Box containing all the Bills passed to this time with 
the proceedings of the House of Assembly. I was in 
hopes to have sent likewise the Copy of the Journal 
of the Council, but 1 have not yet been able to obtain 
it from the Secretary 

I have the satisfaction to acquaint you that all Com- 
missions during good behaviour are now at an end in 
this Province, by tha Judges having determined to ac- 
cept their Commissions in such manner as His Maj- 
esty shall think proper. M' Morris who now acts as 
Chief Justice, will be very proud to continue in the 
Office if His Majesty approves of him, if not he will 
immediately resign, but I own for the good of the 
Province I wish their Lordsliips would be pleased to 
recommend to His Majesty, to order his Mandamus 
appointing M' Morris to the Office, which would at 
once settle all future Commissions of tliis kind 

I am hourly expecting to hear of the Death of M' 
Andrew Johnston, one of the Council of this Province, 
I shall endeavour to recommend a proper person to 
succeed him, but it will be difficult to comply with my 
instructions in this particular, as I don't know of any 
Person in the Western Division fit for the Council, 
there are many in the East Division who will be glad 
of the honour, but very few that are properly quali- 



1762] ADMINISTRATION OF GOVERNOR HARDY. 365 

fy'd I shall therefore hope their Lordships will excuse 
me if I do not recommend so many, when this 
vacancy happens, as the instruction directs. You will 
please to communicate to my Lords Commissioners for 
Trade and Plantations such part of this letter as you 
think proper 
I am with great truth Sir 

Your most Obedient Humble Servant 

JosiAH Hardy 



Sir Jeffrey Amherst to the Commanding officer at 
Elizabethtoivn {Capt. Elias Dayton) — Gov. Hardy 
had informed hmi that upwairls of twenty 7nen 
were ready at Elizahethtown to Embark for Albany 
— Orders that they do so. 

(From N. J. Hist. Soc. MSS.) 

To the Officer Commanding a Party of the New 
Jersey Troops at Elizahethtown. 

Governor Hardy having Acquainted me that he Ex- 
pected Twenty men and Upwards of the New Jersey 
Troops to be Ready at Elizabeth Town, at this day, I 
Now Send a Boat to Receive you and them, & Desire 
you will immediately Embark & pj^oceed to the North 
River, where you will find a Sloop ready to Receive 
you; And you wiU, without loss of time, proceed in 
her to Albany, when upon your Arrival, you will shew 
these Orders to Colonel Bradstreet, or Captain Wine- 
press & follow & Obey such further Directions as you 
shall Receive from them. 

Given under my Hand at Head Quarters in New 
York this b"' day of July 1 TO^. 

Jeff. Amherst. 

By His Excellency's Command. 

Akthuk Mair 



3G6 ADMINISTRATION^ OF GOVERNOE HARDY. [1762 



Letter from Governor Hardy to the Lords of Trade 
announcing the death of Andreiu Johnston, and 
recommending Stephen Skinner as his successor 
as Treasurer of East Jersey, and three other gen- 
tlemen for the Coimcil, etc. 

[From P. R. O. B. T. New Jersey, Vol. 9, K, 37.] 

Perth Amboy 16"' July 1762. 

The Right Hon''.^*' The Lords Commissioners for 
Trade and Plantations 

My Lords 

I am sorry to acquaint Your Lordships of the death 
of M' Andrew Johnston one of His Majestys Council 
and Treasurer of the Eastern division of this Province, 
this Gentlemen is a great loss to the Community both 
in his publick as w^ell as private capacity, as it would 
be a very great inconvenience to the Pi'ovince to keep 
vacant the post of Treasurer I have appointed M'' 
Stephen Skinner to that employment during His Maj- 
estys pleasure, which I hope your Lordships will ap- 
prove, he being well qualify'd for the Trust. 

As it will be necessary for His Majestys Service that 
the present vacancy in the Council should be filled up 
as soon as possible, I beg leave to recommend the fol- 
lowing Gentlemen to Your Lordships Viz', James 
Parker John Barbarie and John Smyth Esq'.^ all resid- 
ing in this town, they are Men of Abilities and known 
loyalty to his Majesty. I am sorry it is not at present 
in my powder to comply so far with his Majestys in- 
structions as to send the Names of three Persons from 
the Western division, but I do not know of any one in 
that part of the Country properly quaUfy'd for so im- 
portant a trust. I must take the liberty to observe that 
it would be a very great convenience in carrying on the 
publick Service to have at least three of the Council 



1762] ADMINISTKATION OF GOVERNOR HARDY. 3G7 

residing here, especially at this time when there are 
frequent occasions for their meeting; Two of them 
live at New York and the others at such a distance 
that I cannot get them together under three days 
notice by sending Expresses different ways, which 
puts the Province to a considerable expence. I there- 
fore hope that in the future nomination of Councillors 
Your Lordships will be pleased to have some regard to 
their residence. 

I am further to acquaint Your Lordships that the 
Judges of the Superior Courts have consented to 
resign their Commissions, during good behaviour and 
to act in their several stations till His Majesty's 
pleasure shall be known, in a former letter I observed 
that I had revoked several Commissions of this nature 
granted to the Judges of the Common Pleas, by the 
late Governor Belch ier. 

I am endeavouring to put the Militia of this Province 
on a better footing than it has been hitherto, they 
should consist of about 12700 Men which with five 
Troops of Horse and four Companys of Cadets of about 
TO Men in a Company is the only defence we have to 
trust to, we have ho Forts mounted with Cannon to 
protect the harbour which is a very fine one and 
capable of containing large Ships. The Province is 
pretty secure on the land side by Pensylvaina and New 
York at the back of it, but we have no defense against 
Ships. 

I wrote Yoiu' Lordships by the Launceston Man of 
War the IS"' of last month and by that opportunity I 
sent Copys of all the Bills past by the Assembly with 
Copys of their Proceedings since I came to the Admin- 
istration, and I will as soon as possible send Copys of 
the Journals of the Council. 

I am with the greatest respect My Lords 
Your Lordships most Obedient 

and most Humble Servant 

JosiAH Hardy 



368 ADMINISTKATION OF GOVERNOR HARDY. [1763 



Letter of the Earl of Egremont to the Lords of Trade, 
announcing his Majesty\s appointment of William 
Franklin, to he Governor of Neiv Jersey. 

[From P. R. O., B. T., New Jersey, Vol. 9, K. 23.1 

Whitehall 20"' August 1762 
Lords Commissioners for Trade 

My Lords 

His Majesty having been pleased to appoint William 
Franklin, Esq- to be Governor of Nova Csesarea, or 
Nev^ Jersey, in America, in the room of Josiah Hardy, 
Esq- I am to signify his Majesty's Pleasure, that You 
should prepare Draughts of a Commission & Instruc- 
tions for him, in order to be laid before His Majesty 
for His Approbation.' 

I am My Lords, 
Your Lordships Most obedient humble Servant 

Egkemont 



Commission of William Franklin, as Governor of 
New Jersey. 

[From Book AAA, of Commissions, in the Secretary of State's Office, 
Trenton, fol. 379.] 

George the Third by the Grace of God of Great 
Britain France and Ireland King Defender of the Faith 
&c. To our Trusty and well Beloved William Fkank- 



1 The draft of tlie ?omniission in usual form was submitted to tlie Kinf; August 
25th.— Ed. 



1762] 



ADMIlSriSTRATION OF GOVERNOR HARDY. 



369 



lin' Esquire Greeting: Whereas We did by our Letters 
Patent under our Great Seal of Great Britain bearing 
date at Westminster the Fourth day of May in the First 
year [of our] Reign Constitute and Appoint Josiah 
Hardy Esquire Captain General and Governor in 
Chief in and over our Province of Nova Ceesarea or 
New Jersey in America for and during our Will and 
Pleasure as by the said Recited Letters Patent Relation 
being thereunto had may more fully & at large Appear. 
Now Know You, that We have Revoked and Deter- 
mined and by these Presents do Revoke and Deter- 
mine the said Recited Letters Patent and every Clause 
Article and thing therein Contained, A7id further 
Know you that We Reposing Especial Trust and Con- 
fidence in the Prudence Courage and Loyalty of you 




son of Dr. Benjamin 
Fi-anklin, and the last 
Royal Governor of 
New Jersey, was bom 
in Pennsylvania in 
the year 1731. He 
did not find a home 
under the paternal 
roof until he vras 
about a year old, 
from vchich tioie he was tenderly and carefvdly nurtured by his illustrious father 
and newly acquired mother. Manifesting a fondness for books, he was furnished 
with every facility for acquiring a good education, and as he grew up, took great 
delight in giving a helping hand in those philosophical experiments which rendered 
his father's name immortal. At an early age he was appointed Clerk of the House 
of Assembly of Pennsylvania and post-master at Philadelphia. In the French war 
he was a Captain, and served with great credit at Ticonderoga. In 1756 he accom- 
panied his father to England, and upon his arrival in that country entering upon 
the study of law, was in due time called to be a barrister. Soon thereafter the 
University of Oxford conferred upon him the honorary degree of Master of Arts, 
and, at the same time, upon his father that of Doctor of Laws. His pleasing man- 
ners and numerous accomphshments won for him many influential friends, among 
whom was the distinguished Earl of Bute, who took a lively interest in his welfare. 
This nobleman recommended him to Lord Fairfax, who, without the solicitation of 
himself or his father, gave him the appointment of Governor of New Jersey. This 
appointment is said to have been greatly deprecated by the good people of the 
province, but the reception of the new Governor was not attended by any exhibi- 
tions of disrespect or dissatisfaction. On the contrary, he and his accomplished 
and most estimable wife, whose maiden name was Elizabeth Downs, and whose 
birth place was in the West Indies, after landing in Philadelphia, and thence pro. 

24 



370 ADMINISTRATION OF GOVERNOR HARDY. [1762 

the said William Franklin, of our Especial Grace cer- 
tain Knowledge and meer Motion, have thought fit to 
Constitute & Appoint and by these Presents do Con- 
stitute ifc Appoint you the said Wilham Frankhn to be 
our Captain General and Governor in Chief in and 
over our Province of Nova Ceesarea or New Jersey to 
wit, the Divisions of East and West New Jersey in 
America, which we have thought fit to Ee unite into 
one Province and Settle under one Government. And 
We do hereby Require and Command you to do and 
execute all things in due manner that shall belong 
unto your said Command, and the Trust We have 
Reposed in you according to the several Powers and 
directions Granted or Appointed you by this Present 
Commission and the Instructions & Authorities here- 
with Given you, or by such further Powers Instruc- 
tions and Authorities as shall at any time hereafter be 
Granted or Appointed you under our Signet and Sign 
Manual or by our Order in our Privy Council and 
according to such Reasonable Laws and Statutes as 



ceeding to New Brunswick, were "escorted to the seat of government (Perth 
Amboy) by numbers of the gentry,' in sleighs and by the Middlesex troop of horse; 
and there received by Governor Hardy and the members of his Council."— TF/iife- 
head''s Early History of Perth Amboy, p. 188. His first place of residence was at 
Burlington, where he remained imtil October, 1774, when he removed to Perth 
Amboy. 

The increasing prosperity of the Colonies was attended by a constantly increas- 
ing desire on the part of the Mother Country to make them a source of profit to 
herself, and the measures which she took to accomphsh this could not fail to engen- 
der a spirit of discontent and even opposition among the colonists. This resulted, 
of course, in continual controversies between the Governor and the Assembly, but 
it is due to the Governor to say that while he was true in his allegiance to the 
king, his evident desire to promote the welfare of his people reconciled them very 
considerably to his fii-mness in carrying out his instructions. Without doubt, he 
deeply deplored the disputes between the mother country and the Colonies, and 
his speeches to the Assembly indicate a sincere desire to prevent open hostilities. 
"It is not for me to decide," said he to the Assembly in January, 1775, "on the 
particular merits of the dispute, nor do I mean to censure those who feel them- 
selves aggrieved for aiming at a redress of their grievances;" but to obtain this 
redress, he adds there are " two roads, one evidently leading to peace, and a restor- 
ation of the public tranquiUty, the other inevitably conducting you to anarchy, 
misery and all the horrors of civil war." Up to this time the intercourse between 



1762] ADMINISTRATION OF GOVERNOR HARDY. 371 

now are in force or hereafter shall be made and agreed 
upon by you with the Advice and Consent of our 
Council and the Assembly of our said province under 
your Government in such manner and form as is here- 
after expressed. 

[It is deemed unnecessary to insert the remainder of 
this Commission, which is in all respects similar to 
that given to Governor Boone. It closes as follows:] 
And we do hereby declare Ordain & Appoint that 
you the said Wilham Franklin shall and may hold 
Execute and Enjoy the Office and place of our Captain 
General and Governor in Chief in and over our prov- 
ince of Nova Ceesarea or New Jersey together with all 
and Singular the Powers and Authorities hereby 
Granted unto you for and during our Will and Pleas- 
ure. In Witness whereof We have Caused these our 



the Governor and the Assembly had not been unfriendly, and there was even yet a 
lingering attachment to the mother country. But when in April following, the 
news of the bloody battle at Lexington was received, a feeling of indignation took 
possession of nearly every one. Lord Stirhng, one of the members of the Council, 
accepted a military commission under the Provincial Congress in September foUow- 
1 ng, and was promptly suspended by the Govei-nor. All harmony between the 
Governor and the Council soon came to an end. The Assembly which had been 
prorogued on the 20th of May preceding, was called upon by his proclamation to 
convene on the 20th of June. This being regarded as a contempt of the Continenta 1 
Congress, he was deprived of his salary, declared to be an enemy to his country, 
arrested and finally sent as a prisoner of war to Connecticut. Here he suffered 
imprisonment for two years and five months, when, having been released, he 
repaired to New York, where he became President of the Board of Associated 
Royalists. After a residence of fom- years in that city, he sailed for England in 
August, 1782. The personal estate which he was obliged to sacrifice was valued at 
only £1,800. This was restored to him, and an allowance of £300 per annum in addi- 
tion to £500 yearly pension previously granted to hun as being half the value of his 
salary and fees in America. He died November 17, 1813, at the age of 83 years. 
After his imprisonment Governor Franklin was never permitted to visit his wife, 
who died July 28, 1778, in the 49th year of her age. Between his father and him- 
self there was no intercourse from the beginning to the end of the war. That their 
disagreement was genuine was beyond a doubt. Nevertheless rumors having been 
spread in England that it was collusive, and more politic than sincere, the 
Governor was compelled to give evidence of his loyalty before his compensation 
for damages and his pension were allowed. A partial reconciliation took place 
between himself and his father in 1784. His son, William Temple Franklin, 
remained with his grandfather, Doctor Benjamin Franklin, and became his 
biographer. 



373 ADMINISTRATION OF GOVERNOE HARDY. [1762 

Letters to be made Patent Witness Oiirself at West- 
minster the Ninth day of September in the Second 
year of our Eeign. 

By Writ of Privy Seal. 



YORKE & YORKE. 



This Commission was pubhshed at Perth Amboy on 
the 25"' of February 1703, and at Burhngton a few 
days afterwards. 




Commission of William Franklin as Vice-Admiral, 
etc., of Netv Jersey. 

From Book AAA of Commissions, in Secretary of State's Office, at Trenton, fol. 375 .] 

George the Third by the Grace of God of Great 
Britain France and Ireland King Defender of the Faith, 
To our Beloved William Franklin Esquire our Captain 
General & Governor in Chief of our Province of Nova 
Ceesarea or New Jersey, in America, Greeting We 
Confiding very much in your Fidelity Care and Cir- 
cumspection in this behalf do by these Presents, which 
are to Continue during our Pleasure only, do Ordain 
Constitute and depute to you the said William Frank- 
lin our Captain. General and Governor in Chief afore- 
said our Vice Admiral Commissary and Deputy in the 
Office of Vice Admiral in our Province of Nova Cees- 
area or New Jersey aforesaid and Territories thereon 
depending and in the Maritime parts of the same and 
thereto adjoining whatsoever, with Power of taking 
and Receiving all and every the Fees Profits Advan- 
tages Emoluments Commodities and Appurtenances 



1762] ADMINISTRATION OF GOVEENOK HARDY. 373 

whatsoever, due and belonging to the said Office of 
Vice Admiral Commissary and Deputy in our said 
Province of Nova Ceesarea or New Jersey aforesaid 
and Territories dependant thereon and Maritime parts 
of the same, & adjoining to them whatsoever accord- 
ing to the Ordinances & Statutes of our High Court 
of Admiralty of England And We do hereby Commit 
and Grant unto you the aforesaid William Franklin 
Esqr. our Power and Authority in and throughout 
our Province of New Jersey aforementioned and Terri- 
tories thereof and Maritime parts whatsoever adjacent 
thereto, And also throughout all and every the Sea 
Shores, Public Streams, Ports, Fresh Waters, Kivers, 
Creeks, and Arms as well of the Sea as of the Rivers 
and Coasts whatsoever of our said Province of Nova 
Ceesarea or New Jersey and Territories dependant 
thereon, and Maritime parts whatsoever of the same 
and thereto adjacent as well within Liberties and 
Franchises as, without, to take Cognizance of and pro- 
ceed in all Causes Civil and Maritime and in Com- 
plaints Contracts Offences or Suspected Offences, 
Crimes, Pleas, Debts, Exchanges, Accounts, Charter 
Parties, Agreements, Suits, Trespasses, Injuries, Ex- 
tortions, and Demands and Businesses, Civil and Mari- 
time whatsoever Commenced or to be Couimenced be- 
tween Merchant or between Owners and Proprietors 
of Ships and other Vessells, or others whomsoever 
with such Owners and proprietors of Ships and all 
other Vessells and Merchants Whatsoever Employed 
or used within the Maritime Jurisdiction of our A'^ice 
Admiraltv of our said Province of Nova Ceesarea or 
New Jersey and Territories depending on the same or 
between any other Powers whomsoever had made 
began or Contracted for any matter thing cause or Busi- 
ness whatsoever done or to be done within our Mari- 
time Jurisdiction aforesaid together with all & Singular 
their Incidents, Emergencies, Dependencies, Annexed 



374 AD3IINISTRATI0N OF GOVERNOR HARDY. [1762 

& Coniiexed Causes whatsoever wheresoever or howso- 
ever and such Causes Contracts Complaints and other 
the Premises abovesaid or any of them which may 
happen to and be contracted had or done to hear and 
determine according to the Rights Statutes Laws Or- 
dinances and Customs Antiently Observed. 

[The remainder of this Commission is similar to that 
given to Governor Boone which may be found on page 
195. It concludes as follows] 

Given at London in the High Court of our Admiralty 
of England aforesaid under the Great Seal thereof the 
Third day of September in the year of our Lord One 
Thousand Seven Hundred & Sixty Two, and of our 
Reign the Second. 

%' "■■ """^^ 

i Great Seal "l GoDF. Lee Farrant. Registrar 

) of the ( 

-< Admiralty V 

( Gt. Britain ) ReAD. 



Letter from the Earl of Egremout to Governor Hardy 
— informing him of his removal from the Gover- 
norship of New Jersey. 

[From P. R. O. America and West Indies, Vol. 77.] 

Whitehall Septr IPI' 1762 

Gov"" Hardy. 

Sir, 

His Majesty having in consequence of the strong 
Representation of the Board of Trade to the King in 
Council, judged it expedient to put an End to your 
Commission of Governor of New Jersey; I am to ac- 
quaint you that His Majesty has been pleased to ap- 



1762] ADMINISTRATION OF GOVERNOR HARDY. 375 

point William Franklin Esq' to succeed you in that 
office; and that M'' Franklin will repair to New Jersey, 
as soon as His Commission and Instructions can be 
expedited. 

I am Sec"", 
Egremont 



Representation from the Lords of Trade to the King 
inclosing a Draft of Instructions for the Gover- 
nors of the several Colonies and Plantations in 
America for an Alteration in the Prayers for the 
Royal Family. 

[From P. R. O. B. T.. Plautations General, Vol. 41, page 193.] 

Whitehall Sep^ 27*f 1762 

To the Kings most Excell- Majesty 

May it please your Majesty 

In obedience to your Majesty's order in Council of 
the 17":' instant, directing Us to prepare Draughts of 
Instructions proper to be sent to the Governors of your 
Majesty's Plantations in America for an Alteration in 
the Prayers for the Royal Family. We herewith 
humbly lay before your Majesty Draughts of such In- 
structions as We conceive proper on this occasion for 
your Majesty's Royal Signature. 

Which is most humbly submitted 

Sandys 



370 ADMIJSriSTUATION OF GOVERNOR HARDY. [1762 

Instructions to Our Trusty and Wellbeloved 
Arthur Dobbs Esquire Our Captain Gen- 
eral and Governor in Chief in and over 
Our Province of North Carohna in Ameri- 
ca.^ Given at Our Court at S* James the 
first Day of Octoberl762 in the second Year 
of Our Reign. 

Whereas We have been pleased by our Order in 
Council dated the 17*'' Day of Sept'.' last to declare our 
Pleasure that in the Morning & Evening Prayers in 
the Litany & in all other Parts of the publick Service as 
well in the Book of common Prayer w^here the Royal 
Family is appointed to be particularly pray'd for, the 
f ollov^ing Form of Words should be used viz*. Our Gra- 
cious Queen Charlotte, their Royal Highnesses George 
Prince of Wales, the Princess Dowager of Wales and 
all the Royal Family; our Will and Pleasure therefore 
is that in all the Prayers, Litanies and Collects where 
the Royal Family is pray'd for, and which are used 
within Our Province of North Carolina under your 
Govei^nment the same Form and Order of Words be 
used as follows viz* Our Gracious Queen Charlotte, 
their Royal Highnesses George Prince of Wales, the 
Princess Dowager of Wales & all the Royal Family; 
And for the better Notice hereof in our said Province, 
it is Our further Will and Pleasure that you cause the 
same to be foi'thwith published in the several Parish 
Churches and other places of divine Worship witliin 
Our said Province, and that you take Care that due 
Obedience be paid thereto accordingly. 

' Similar Instnictions to all the other Governors.— Ed. 



1762] ADMINISTRATION OF GOVEKNOK HARDY. 377 



Letter from Josiah Hardy, Governor of Neiv Jersey, 
to Mr. Powyiall, informing the Lords of Trade of 
the appointment of Mr. White to he Judge of the 
Admiratty, in the room of Mr. Lewis Morris, de- 
ceased, etc. 

[From P. R. O., B. T., New Jersey, Vol. 9, K. 28.] 

Peeth Amboy 9*^^ Octi" 1762 

Mr Pownall 

Sir 

I received the favor of your letter of the 1 1"' June, 
inclosing me by order of the Lords Commissioners for 
Trade and Plantations the printed Copy of an Act for 
making perpetual an Act, for the better Regulation 
and Government of Seamen in the Merchants Service; 
and for extending the provision thereof to His Majes- 
tys Colonys in America. 

I should have acknov^ledged the receipt of your let- 
ter before but I had not timely notice of the saihng of 
the Packet; T am now just return'd from meeting the 
General Assembly at Burlington; they have made a 
provision for a Company of Sixty Six Men Officers 
included, demanded by Sir Jeffrey Amherst for Winter 
Duty on the Frontiers, they likewise passed several 
Bills which I will send Copies of as soon as I can get 
them transcribed. 

By this Man of War I send a Packet containing 
Copies of the journals of the Council, which ought to 
have gone before with the Bills by the Launceston 
but were not finish'd time enough I therefore hope 
my Lords Commissioners will not impute this to 
any neglect in me. 



378 ADMINISTEATIOK OF GOVERNOR HARDY. [1762 

By the Death of Lewis Morris' Esq at New York, the 
Post of Judge of the Admiralty in this Province is 
become Vacant, and altho' the business of the Admir- 
alty Court of New Jersey is but small, inconvenience 
might arise from this Post not being filled up, I have 
therefore appointed Anthony White Esq' to act as 
Judge of the Admu-alty during pleasure; I hope my 
Lords Commissioners for Trade and Plantations will not 
disapprove of this appointment, as I can make it 
appear that it would be much to the benefit of both 
Provinces that this Post should not be united in one 
Person — 

I am with great Regard Sir 

Your most Obedient Humble Servant 

JosiAH Hardy. 



• Lewis Morris was the eldest son of Governor Lewis Morris, of New Jersey, and 
was born at his father's country residence, Tinton, Monmouth Country, New 
Jersey, September 23, 1698.— Morris Family Bible, quoted in N. Y. Gen. and Biog. 
Record, January, 1876, pp. 16, 17. In 1722, at the early age of twenty-four, he was 
appointed a member of the Council of New York, which dignity lie held mitil 1729, 
when he was suspended for words dropped Iq a dispute relating to the Governor's 
drafts upon the revenue.— i?isi. New York City, bv Mrs. Martha J. Lamb, New York , 
1877, 1., 536; Journal Leg. Council N. Y., 479-58.5. In 1732 he was elected to the 
Assembly, where he remained imtil 1746, a continual thorn In the side of the Royal 
Governors. In 1737, he was chosen Speaker of the Assembly, which in that year 
introduced the novel rule of recording the yeas and nays on measures of legisla - 
tion.—Journals, 616, 680, 1746. " He was exceedingly unlike his father, the Gover- 
nor of New Jersey; had less forensic ability, rarely indulged in offensive sarcasm, 
and posses.sed great suavity of manner, with genuine humor. As a politician he 
was wary, self-reliant, equal to any emergency, and his pluck almost reached 
audacity. What he once maintained he would never abanon or lay aside for an 
instant. He avoided speech-making, but when driven to it through any extraor- 
dinary excitement he never lacked expression, though some of his rhetorical 
flights were regarded as pedantic. He had great gifts in repartee, and was singu- 
larly entertaining in society. He was a handsome man." — Mrs. Lamfs Hist. N. 
Y.. I., 575-G. His portrait is prefixed to the Papers of Governor Morris, having been 
mistakenly supposed to be that of his father. " Instead of a hat he used to wear 
upon his head a loon's skin, a large American fowl, with all its feathers."— if tst. of 
N. Y., by Thomas Jones, I., 140. He was commissioned as Judge or Commissary of 
the Court of Admiralty, January 16, 1738, with jurisdiction in all maritime affairs in 
New Jersey, New York and Connecticut. After liis death the jurisdiction was divided 
as suggested by Governor Hardy in the above dispatch. — Smith''s New York, Albany 
Ed., 1814, p. 383; Jones, I., 140; N. Y. Col. Docts., VIII., 4.55. Judge Morris died July 
3,1762, at Morrisania, New York, having inherited that princely estate from his 
father, and there he was interred. —/f(si. We.'itchester County, by Thomas Bolton, 
Jr., New York, 1818, H., 284, 311; Papers of Lewis Morris, 326-9; N. Y. Gen. and 
Biog. Rec, January, 1876, p. 18. He was the father of Lewis Morris, a signer of the 



1763] ADMINISTKATION OF GOVERJSTOK HARDY. 379 



Letter from Governor Hardy to the Earl of Egremont 
ackriowledging the letter of his removal from Office. 

[From P. R. O., America and West Indies, Vol. 172 (190).] 

Perth Amboy 3'^ Dec' 1762 
Et hon^^® the Earl of Egremont 

My Lord. 

I have received your Lordships letter of the 11'?* Sept^ 
acquainting me that in consequence of a strong repre- 
sentation from the Board of Trade to the King in 
Council, His Majesty has been pleased to put an end 
to my Commission as Governor of New Jersey and to 
appoint William Frankhn Esq- in my room v^hat the 



Declaration of Independence and General in the American army during the Revolu- 
tion; of Staats Long Morris, who joined the British, and rose to the ranli of General 
in that service ; of Governeur Morris, the American Minister to France in 1789, and 
of other children.— / 6. 

Anthony White, who was appointed to succeed Judge Morris in New Jersey, was 
the brother-in-law of his predecessor, having married Elizabeth, daughter of Gov- 
ernor Morris. He was the descendant of a long line of successful ofiBceholders, 
and was the father of Anthony Walton White, a New Jersey Colonel in the Revolu- 
tion. A sketch of the family, by Miss Anna M. W. Woodhull, will be found in the 
Proceedings of the New Jersey Historical Society, for May , 1883. 

A word as to the Courts of Admiralty. " The proceedings of this court were in 
English, and according to the course of the civil law." — Smithes New York, 383: 3 
Blackstone, Cap. V., vii. "In these courts one judge presides alone. No juries 
have any concern there. The law and the fact are both to be decided by the same 
simple Judge, whose commission is only during pleasure, an 1 with whom, we are 
told, the most mischievous of all customs has become established, that of taking 
commissions on all condemnations ; so tliat he is under a pecuniary temptation 
always against the subject." — Works of John Adams, III., 466. By an Act of 4 
George H., Cap. XV., Sec. 41, it was enacted that the jurisdiction of the Admiralty 
Courts in the American Colonies and plantations should extend to all forfeitures or 
penalties relating to trade or revenue.— 76., 508. This deprived the people of their 
rights under the common law in many cases where they had hitherto enjoyed those 
rights, including the privilege of trial by jury. James Otis says sarcastically: "The 
Judges of the Admiralty, those mirrors of justice, to be trusted when none of the 
common law coiu-ts are, have all their commissions from home. These, besides 
other fees, have so much per cent, on all they condemn, be it right or wrong, and 
this by act of Parliament. Yet so great is their integrity, that it never was sus- 
pected that fifty per cent., if allowed, would have any influence on their decrees." — 
The Rights of the British Colonies Asserted and Proved., hy James Otis, Esq., 
Boston, 1764, p. 53.— [W. N.] 



380 ADMINISTRATION OF GOVEENOR HARDY. [1763 

objections to my conduct are I cannot comprehend, as 
I never had the honour to see the Boards representa- 
tion so could have no opportunity of offering any thing 
in my own justification; however I humbly submit to 
His Majesty's Commands, but I can with the greatest 
truth affirm that every step I have taken in the ad- 
ministration of this Government my Sole view has 
been to promote His Majestys Service and the welfare 
of the people committed to my care. 
I am with the greatest respect My Lord 
Your Lordships most Obedient 

and most humble Servant 

JosiAH Hardy. 



Answer of Attorney -General to the Queries propound- 
ed as to the validity of Governor Hardy^s appoint- 
ments. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 29.] 

[For the Queries propounded to the Attorney-Gen- 
eral see page 351 of this Volume under date of March, 

1Y62.] 

To 1. Qu. I am of opinion, that the appointment of 
Judges of the Supreme Court, during good behaviour, 
instead of dnring pleasure, contrary to the King's In- 
structions, in Governments subsisting solely by his 
Majesty's authority, is illegal and invalid. The letters 
Patent empower the Governor to constitute Judges, 
without prescribing any thing as to the Form or mode 
of constituting them ; but the Instructions, which a^^e 
referred to by the Letters Patent, and consequently 
must be incorporated into them, regulate the mode of 
their Constitution. I think however that altho' such 



1763] ADMINISTRATION OF GOVERNOR HARDY. 881 

appointments (as have been made in New Jersey) are 
illegal, yet that the Judgments given and Acts done 
by such Judges, will be good, for the sake of the pub- 
lic and of third persons, in like manner, as the Acts of 
Mayors and other Corporate officers de facto, until 
they are ousted or removed by a proper legal authority. 

To the 2'' Qu. I am of opinion, that these appoint- 
ments may be questioned on Actions for the Fees of 
office, or for recovering the Salarry, to be brought by 
new Judges duly appointed; but as the present Judges; 
before whom Such question must be tried, appear 
manifestly interested in Supporting their several ap- 
pointments, I think, that the Successor to M' Governor 
Hardy (in case he is or shall be removed for breach of 
his instructions), or the Attorney General of the Pro- 
vince ought to prefer a Petition to the King in Coun- 
cil, stating the Facts, and that, in this case. Justice 
cannot be expected in the Province, the Judges them- 
selves being the very parties interested against the 
Rights, Authority, and Instructions of of the King to 
his Governour, and therefore pro?/ /^igr, that they may be 
removed from their offices by Order in Council. After 
such removal, others may be immediately nominated, 
whose Comissions may be framed, pursuant to the 
constant Tenour of his Majesty's insti'uctions in the 
Eoyal Governments in America. 

Jan. 18. 1763. 

C. YORKE. 



383 ADMIKISTEATION OF GOVERNOR HARDY. [1763 

Letter from John Poivnall, Secretary of the Lords of 
Trade, to Attorney-General Yorke — relative to the 
holding of lands in America by Aliens. 

[From P. R. O. B. T. Plantations General, Vol. 41, p. 208.] 

April 27\" ir(>3. 
To the Hon^!^ Charles Yorke His Majesty's At- 
torney General. 

Sir 

I am directed by the Lords Commissioners for Trade 
and Plantations to desire the favor [of] Your Opinion, 
as soon as conveniently may be, whether as the Laws 
now stand, Aliens not entitled to the Privileges and 
Benefits of natural born Subjects of Great Britain 
under the Act of the 13"' of His late Majesty Cap. 7. 
for naturalizing such foreign Protestants and Others 
therein mentioned, as are settled or shall settle in any 
of His Majesty's Colonies in America, are capable of 
acquiring Property in Lands in America, either by 
Purchase or Grant from the Crown. I am Sir 

Your most Obed- hble Serv^ 
John Pownall 



Letter from Governor Hardy to the Lords of Trade — 
inclosing acts and public papei's, with observa- 
tions thereon. 

[From p. R. O. B. T. New Jersey, Vol. 9, K. 30.] 

Perth Amboy 2^ May 1763 

Eight Hon^!*' The Lords Commissioners for 
Trade and Plantations 

My Lords 

By the Intrepide Man of War I send the Bills passed 
at the last Sessions of the General Assembly of this 
Province in September, there is among them one 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 383 

entituled an Act for laying a duty on Negroes and 
Mulatto Slaves Imported into this Province, which I 
w^ould not give my assent to without a suspending 
Clause not to take effect untill His Majesty's Pleasure 
shall be known, it may be proper likewise to inform 
Your Lordships that the reason for laying a higher 
duty in the Western division than in the Eastern, is 
that in the Province of Pennsylvania the duty is Ten 
Pounds proclamation on all Slaves imported, and in 
New York only Two Pounds currency; this considera- 
tion induced the Assembly to make such a difference 
in the two divisions. 

I likewise send Your Lordships a transcript of the 
proceedings of the Council to the time that my admin- 
istration ended as also of the votes of the lower house 
of Assembly 

I have the honour to be My Lords 
Your Lordships most Obedient Humble Servant 

JosiAH Hardy 



Letter from Governor Franklin to the Lords of Trade, 
acquairdimj them ivith his arrival in New Jersey, 
acknowledging their letter of the 9th of MarcJt, 
respecting the correspondence to he carried on 
with the Board, and notifying them of ihree vacan- 
cies in the Council of that p)rovince. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 31.] 

Burlington, New Jersey, May !(>"' 1703 

My Lords, 

I am honoured with your Lordships Letter of the 
9"' of March, inclosing Copies of sundry Papers direct- 
ing the manner in which I am to correspond with 
your Board, relative to the Affairs of this Province, 



384 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 

the Contents whereof I shall not fail strictly to 
observe. 

During the short time of m}^ Residence here, nothing 
of a publick Nature has occurr'd worth communicating 
to your Lordships.— The reception I met with on my 
Arrival from all Ranks of People in the Province, was 
equal to my utmost Wishes. — I have not yet had a 
Meeting with the Assembly, but they are summon'd 
to sit at Amboy on the ^5*'' Instant, when I have some 
Reason to think I shall be able to prevail on them to in- 
crease the Salaries of all the Officers of Government. 
There is certainly great Cause for such an Augmenta- 
tion, as all the Necessaries of Life in this Country are 
encreas'd in Price near Three fold to what they were 
Seven Years ago. I scarcely think it possible to pre- 
vail on them, agreeable to my Instructions, to make 
these Salaries permanent. It seems to be a principal 
riveted in the Minds of all the Assemblies on this 
Continent, that none of the publick Officers ought to 
have any settled Salaries, but depend upon such Allow- 
ances as may from time to time be agreed upon by the 
Legislature. Their own Wages, however, being in the 
same precarious Situation, and not to be obtain'd but 
by a Law, gives a Governor an Opportunity of procur- 
ing the Salaries of Officers at the same time. This 
Matter may perhaps be one among others which will 
be tliought necessary to be rectify'd when the Affairs 
of the Colonies come under the Consideration of the 
King's Ministers, which probably wiU not be long first 
as a Peace is now settled. At present I cannot see any 
one good Purpose it can answer to press this Point 
upon them, as there is no Chance of its succeeding, 
and as it may possibly tend to sour their Tempers & 
create such Dissensions as may prevent the obtaining 
Points of them of much more Consequence to His 
Majesty's Service. I shall not be wanting, however in 
making use of every favourable Circumstance as it 
arises, which may give the least Prospect of Success. 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 385 

There is one thing in which a Governor finds him- 
self much clistress'd on his arrival here, & that is the 
Want of a House for his Residence. There is no one be- 
longing to the Province for that Purpose, and he is 
generally obhg'd to remain some Months in Lodgings 
before he can obtain a House any ways suitable; & when 
he has with Difficulty procur'd one he is still liable to 
be turn'd out of it at the Will of the Landlord. — The 
Council of Proprietors m East Jersey have lately began 
to erect a Building at Amboy which they propose when 
finish'd to let to the Governor for the time being. But 
as the Province in general seem averse to their Gov- 
ernors living in a House of the Proprietors, of whom 
they have some Jealously, they may be easily brought I 
believe to purchase and fui'nish this House of the Pro- 
prietors, & to build & furnish another at Burlington 
for the like Purpose, together with proper Rooms for 
the Uses of the Council & Assembly. And, indeed, as 
the Governor is insti'ucted to meet the Assembly 
alternately at Amboy & Burhngton, and the Province 
will never agree to one central Place for transacting 
the PubHck Business, there seems to be a Necessity of 
his being provided with a suitable House at each 
Place, and then he may make either his chief Resi- 
dence, or divide his time between both, as he thinks 
proper. Those of the Members who are for this 
Scheme, are of Opmion that they should be able to 
carry it in the House, provided they might be allowed 
to strike the Sum necessary (which they compute at 10, 
or 12,000£ Currency) in Paper Bills of Credit, to be 
sunk by a Tax the fii'st Year after the Expiration of 
the Paper Money, now current, which has been struck 
during this War for His Majesty's Service, & which is 
annually calling in & sinking in large Sums by Taxes 
for that Purpose. As they propose that whatever Sum 
they grant for erecting the said Buildings shall be en- 
tirely appropriated to that Use, and as no Deprecia- 
25 



386 adMiniso^ration" of governor franklin. [1763 

tion can thereby liappen to the present Currency, there 
being considerably more than the Sum propos'd annu- 
ally sunk by Law; and as a Paper Currency will be 
long wanted here as a Medium of Commerce, the Gold 
and Silver brought into the Country being constantly 
remitted to England to answer the Ballance due from 
America; I say from these Eeasons, and as there is an 
absolute Necessity that His Majesty's Governors in 
this Province, should, in order to preserve the Eespect 
due to their Stations, be somewhat more decently 
lodg'd & accommodated than they are at jDresent, I am 
inclined to think your Lordships may not be averse to 
recommend such a Law, should it be pass'd, to His 
Majesty for his Royal Allowance. — I should be glad 
however, to be favour'd with your Lordships Senti- 
ments on this Head as soon as suits your Conveniency. 

The many Advantages secur'd to the Nation by the 
Definitive Treaty, & the great Prospect there is of a 
permanent Peace, have ditfus'd a general Joy among 
the British Inhabitants on this Side the Atlantic. And 
such is the Spirit of Migration now in America, that 
should the Descendant of D' Cox (who is a Gentle- 
man of Character & Fortune in this Province) succeed 
in his Application for a Grant of Lands on the Missisipi, 
there will be little Occasion for any Inhabitants from 
the Mother Country, as there might by proper Man- 
agement be at least 20,000 Persons procur'd to settle 
there from the Northern Colonies in less than five 
Years.— The Places of these would be soon supply 'd 
again by the great natural Encrease of the Inhabitants 
of this Country, & by the Accession of Foreigners. 

There are now three Vacancies in His Majesty's 
Council of this Province, occasioned by the Deaths of 
M'' Salter, M' Johnston, & M"^ Hude. It is with great 
Difiiculty that Gentlemen of Character & Fortune suf- 
ficient for that Station can be prevail'd upon to accept 
it. They say that the Expences they must be put to 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 387 

in England in obtaining a Mandamus, & the Expence 
& Trouble they must be put to in attending the Meet- 
ings of the Assembly at such a Distance from their 
own Homes, is more than adequate to the Honour. 
The Gent° of the Council have represented to me that 
it would be a considerable Conveniency to them if 
there were three of the Council living in or near 
Amboy, & three in or near Burlington; as then on 
such Occasions when there was no business of Import- 
ance, but only mere Matter of Form, which requir'd 
a Meeting of Council, I should always have a sufficient 
number at hand, without bringing those from their 
Homes who hv'd at a Distance. — I am instructed to 
have an equal Number of Councillors for each Divi- 
sion, but at present there are only two for the West 
Jerseys, viz M' John Smith & M' Read; and I can find 
but two more in that Division who are suitable to 
the Office & willing to undertake it. These are Sam- 
uel Smith Esq." of Burlington, & John Ladd, Esq', of 
Gloucester County. The first has been long in publick 
Offices within this Province, & a leading Member of 
the Assembly where he has alw^ays exerted himself in 
promoting His Majesty's Measures. He has I think 
been before recommended by Governor Barnard & 
Gov' Hardy. He is now in the Assembly, but pro- 
poses quitting it soon, and I think from his Abilities 
& extensive Influence in the Province he will make a 
very useful Member of the Council, & I do therefore 
recommend him to Your Lordships for that Purpose. 
M' Ladd is a Gent" of Fortune & unblemished Char- 
acter, was formerly in the Assembly where he was 
always on the Side of the Administration, & is now 
one of the principal Magistrates of Gloucester County, 
which Office he has long executed with Ability, & 
Credit to himself. He I think has likewise been recom- 
mended to your Board by a former Governor. — As to 
the other Vacancy I believe there will be a Necessity 



388 ADMiNISTEATION OF GOVERNOR FRANKLIN. [1763 

of having it filled by some Gentleman of East Jersey, 
but whom to recommend to your Lordships I know not 
at present; 'tis probable, however when I am at Am- 
boy I may find some suitable Person, of which I shall 
give your Lordships the earliest Intimation. I have 
the Honour to be, with the greatest Respect My Lords, 
Your Loidships most obedient humble Servant 

W^ Franklin 



Letter from Governor Franklin inclosing minutes of 
Council and six acts passed in that province. 

[From p. R. O. B. T., New Jersey, Vol. 9, K. 32.] 

Perth Amboy, June 27*!' 1T63 

The Eight Hon^?^ Lords Commissioners for 
Trade and Plantations. 

My Lords, 

I had the Honour of writing to your Lordships on 
the !()"' of last Month, acquainting you with my 
Arrival here, & acknowledging the Eeceipt of your 
Letter of the 9'!' of March with the Papers inclos'd. I 
also desired your Lordship's Sentiments with respect 
to the passing an Act for striking a Sum in Paper 
Currency for erecting suitable Buildings for the Resi- 
dence of the Governor, & the Meetings of the Council 
& Assembly; and likewise recommended Sam! Smith 
& John Ladd, Esq" of West Jersey to be of His 
Majesty's Council for this Province. Since which I 
have had a Meeting with the General Assembly. A 
Copy of the Minutes of Council containing the Pro- 
ceedings of that Session, and Copies of Six Acts to 
which I gave my Assent, are transmitted herewith. 

1. The first is for Support of Government, and is in 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 389 

every respect according to the usual Form, except that 
I have prevail'd on them to increase the Salaries of the 
Governor, the Chief Justice & Judges, & some other 
Officers. The Augmentation its true is small, & no 
ways adequate to the increas'd Expence of Living in 
America: But it was all I could at that time obtain & 
considering how often this Matter has been fruitlessly 
attempted by other Governors, it was more than I had 
Reason to expect. I am now however, not without 
hopes that at some future Session I may prevail on 
them to make a still further Addition. — The making 
the Salaries permanent, agreeable to the Eoyal Instruc- 
tions, I strongly recommended to them by my Speech 
at the Opening of the Session, but without Effect. 
The Method they are in of granting the Salaries from 
Year to Year only has been always customary here, & 
is I believe the same in most if not all the other Pro- 
vinces on this Continent. It must be a work of Time, 
& the Seizing of proper Opportunities, before this 
Matter can be effected. In the meanwhile there is a 
Necessity for the passing of the Support BiUs in the 
old Form, as otherwise many of the Officers who have 
little else but their Salaries would be deprived of their 
Subsistence. 

2. The second Act which provides for the Payment 
of the New Jersey Regiment for the Month of Novem- 
ber 1702, your Lordrhips will I imagine think just & 
necessary, as they were detain'd in the Service during 
that Month, and the Provision which had been made 
foi" them before was only to the Beginning of the 
Month. This Act is also conformable to all the Acts 
of that Nature pass'd during the War. 

3. The 3*? Act, which is for submitting the Property 
of Lands that are claimed in this Colony, & are affected 
by the Controversy about the Boundary with New 
York, to such a method of Decision as His Majesty by 
Commission or otherwise shaU appoint, is conformable 



390 ADMIKISTKATION OF GOVERNOR FRANKLIN. [1763 

to the repeated Recommendations of your Board to 
former Governors, & what they frequently in vain at- 
tempted to obtain of their Assembhes. As New York 
has also passed an Act of a similar Natui-e, there re- 
mains nothing further to be done for compleating this 
desirable Work, on which the Peace & Welfare of both 
Colonies so much depends, but for His Majesty to ap- 
point Commissioners for adjusting the Matters in Dis- 
pute, as was before done in the Case of Rhode Island 
& Massachusets. The Managers of the Controversy 
on both Sides have mutually agreed upon a Number 
of Gentlemen whom they have desired Governor 
Monckton and myself to recommend to your Lordships 
in order to be nominated to His Majesty as Commis- 
sioners for this Purpose. They are all Gentlemen of 
Character & Fortune, who hold Offices under the 
Crown, and chosen out of some of the Colonies the. 
most distant from tlie Place in Dispute. 

Thomas Hutchinson, Esq- Lieut Governor of Massa- 
chusets Bay. 

Peyton Randolph, Esq.' Attorney Gen? & one of the 
Council of Virginia. 

Peter Randolph Esq!" Surveyor Gen! & one of the 
Council of Virginia. 

Richard Corbin Esq!' one of the Council of Virginia. 

Chambers Russell, Esq!' Judge of the Admiralty in 
Massachusets Bay. 

Andrew Oliver, Esq'^ Secretary of the Province of 
Massachusets Bay 

Mark Went worth. Esq' one of the Council of New 
Hampshire 

Since the above Names were given in to me it has 
been represented by the Gentlemen concerned, that 
they would be glad your Lordships would have two 
more Commissioners appointed, as they think it may 
thro' various Accidents, very probably happen that 
out of so small a Number as Seven a Meeting of Five 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 391 

cannot be obtained, and this salutary Work be thereby 
delay'd. 

4. The fourth Act is for indemnifying the Province 
from what ever Expence the[y] may be put to in hav- 
ing the Boundary Lines settled, and is entirely agree- 
able to the Proposal of the General Proprietors of the 
Eastern Division. 

5. The fifth is an Act for raising a Fund for defray- 
ing the Damages done by Dogs, which, as it is by a 
Tax on those Animals, I believe will be a means of 
lessening their Numbers, an Effect much to be desired 
in this Country. 

0. The Sixth & last Act is for naturalizing sundry 
Foreign Protestants, & has nothing in it different from 
the usual Form of Acts for that Purpose. 
I am, with the greatest Kespect, My Lords, 

Your Lordships most obedient, & 
most humble Servant 
Wm. Franklin 



Letter from Governor Fr'anklin to the Lords of Trade 
informing them that he will appoint a Day of 
Thauksgivimj, that the Indians had re-commenced 
hostilities in the back country, and measures for 
protection against them had been taken. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 33.] 

Perth Amboy July 19, 1763 

Right Hon^J^ Lords of Trade & Plantations. 

My Lords, 

I had this Day the Honour of receiving your Lord- 
ships two Letters of the 29*" of April, directing the 
Mode of corresponding with your Board, and signify- 



392 ADMIXISTKATION OF GOVERNOR FRANKLIN. [1763 

ing His Majesty's Pleasure to have a Day of publick 
Thanksgiving to Almighty God observed throughout 
this Goverment on the happy Conclusion of a Peace, 
the Contents whereof I shall duely perform. 

I v^rote to your Lordships the 2Y"' of last Month in- 
closing the Minutes of Council, & Copies of Six Acts 
pass'd at the last Sessions held at Amboy. And I 
herewith transmit a printed Copy of said Acts, and 
the Votes of the General Assembly. 

Your Lordships must have heard before this reaches 
you, of the Indians having again commenc'd Hostilities 
in the back Country near the Lakes & the River Ohio. 
They have not yet made their Appearance in this Prov- 
ince, but as the Inhabitants on the Northern Frontier 
are apprehensive of a Visit from them, I am taking 
such Measures as I am enabled to do for their safety. 
It seems to me, however, very probable that the steps 
General Amherst is taking, will, together with the 
Indians finding that they cannot be assisted by the 
French, soon put a stop to then- further Incursions. 
If this by any Accident should not happen to be the 
Case, it will nevertheless be a very easy Matter for the 
Colonies to fall upon a Method of quelling them before 
the Winter. 

As I am fearful that this will scarcely reach New 
York in Time for the Pacquet, I can only add, that I 
am, with the utmost Respect, 

My Lords, Your Lordships most obedient 
& most humble Servant 

Wf Franklin 



1763] ADMINISTRATION OF GOVERNOR FRANKLIN. 



393 



Letter from Governor Franklin to the Earl of Egre- 
mont—He will appoint the Day of Thanksgiving- 
Fresh hostilities commenced by the Indians—is 
taki7ig measures for the defence of the inhabitants 
on the Northern frontier. 

[From America and West Indies, Vol. 172 (190).] 

Perth Amboy July i9. 1763 

My Lord, 

I this Morning had the Honour of receiving your 
your Lordships Letter of the 26^?^ of March, inclosing 
the King's Proclamation of the Peace, which I shall, 
agreeable to v^hat your Lordship has signified to me, 
cause to be pubhshed in all the proper Places within 
this Government. 

The fresh Hostilities committed by the Indians have 
not yet extended to this Province; but as many of the 
Inhabitants of the Northern Frontier are alarm'd and 
apprehensive of Danger, I am taking measures for 
putting them into a proper Posture of Defence. I am, 
however, in hopes that General Amherst will be enabled 
to put a Stop to the further Incursions of the Enemy, 
especially when they find that by the late Definitive 
Treaty the French will be remov'd to far to afford 
them any Support. 

I have the Honour to be, with the utmost Kespect, 
My Lord, Your Lordship's most obedient 
& most humble Servant 

W^ Franklin. 



394 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 



Order in Council approving of Samuel Smith and 
John Ladd, Esqs., to be of the Council in New 
Jersey. 

[Fi'om P. R. O., America and West Indies, Vol. 105.] 

At the Court at Sf James's the 3 If 
DAY OF August 1763. 






Present 
The Kings most Excellent Majesty in Council. 

Upo7i Keading this day at the Board, a Representa- 
tion from the Lords Commissioners for Trade and 
Plantations, dated the 4"' of this Instant, Setting forth, 
That James Hude and Andrew Johnston Esq''-*, two of 
His Majesty s Council the Province of New Jersey, are 
dead, and that Samuel Smith' and John Ladds Esq*"-^ 
have been recommended to them as Persons every way 
Qualified to serve His Majesty in that Station ; They 
therefore propose that they may be appointed of the 
said Council in the room of the said James Hude and 



■ Samuel Smith was the eldest son of Richard, son of Samuel, of Bramham, 
Yorksliire, England, who came to Bui-liugton, New Jersey, in 1694. Richard was a 
member of the Assembly for many years. In 1747 he was appointed a member of 
the Council, and died while attending one of the sessions of that body, at Perth 
Amboy, in November, 1751. The subject of this note was born " 12th Mo., 13, 1720 " 
(March 1.3, 1721, N. S.). Like his ancestors for several generations he was a mem- 
ber of the Society of Friends.— TAe Burlington Smiths, a Family History, by R. 
Morris Smith, Philadelpliia, 1877, 10, 100-3, 209; N. J. Archives, VH., 6. He was 
Treasurer of the Western Division of New Jersey, as early as l^il, and perhaps 
before that, resigning iu 177.5. — Minutes Provincial Congress, 1775, pp. 137-8. He 
and his father had always taken the side of the people against the aggressions of 
the Proprietaries, so that when Governor Belcher, who had been repeatedly a par- 
taker of the generous hospitalities of Samuel and John Smith, recommended the 
former for a seat in the Council, in 1751, to succeed his father, he was severely 
reprimanded by the Lords of Trade; nevertheless, he struggled for nearly two years 
against admitting Lewis Morris Ashfield, who had been named for the place instead 
of Mr. Smith.— iV. J. ArcJuves, VH., 580, 608; VHI., Part 1, 126-7. Mr. Smith accu- 
mulated a great deal of material for a history of New Jersey, Pennsylvania and of 
the Society of Friends in both those Provinces, but finally selected and published 



1763] ADMIKTSTRATIOK OF GOVERNOR FRANKLIN. 395 

Andrew Johnston Esq'-^ deceased His Majesty in Coun- 
cil approving thereof, is pleased to Order, as it is hereby 
Ordered, that the said Samuel Smith and John Ladd 
Esq"'.* be constituted and appointed Members of His 
Majestys said Council in the Province of New Jersey, 
in the room of the said James Hude and Andrew 
Johnston Esq''Meceased; And that the Right Honour- 
ble the Earl of Halifax, His Majestys Principal Secre- 
tary of State, do cause the usual Warrants to be pre- 
pared for His Majestys Royal Signature. 

W. Sharpe 



only that covering the early history of New Jersey, which was printed in 1765, at 
Burlington, whither James Parker accommodatingly removed his printing press 
from Woodbridge for tlie purpose, returning when the task was completed. — Hist. 
Pennsylvania, by Robert Proud, Philadelphia, 1797, Vol. 1,4; Proc. iV. J. Hist. 
Soc, September, 1849, 102; History of Printing, by Isaiah Thomas, AVorcester, 
Mass., 1810, Vol. n., 121. The original manuscripts he prepared are now in the pos- 
session of the New Jersey Historical Society. He married, in 11th mo., 1741, Jane, 
daughter of Joseph Kirkbride, who bore him Joseph, Abigail, Sarah, Richard. The 
last-named was the father of Samuel J. Smith, the " Bard of Hickory Grove." — 
Si7iifhs of Burlington, 209-10; Miscellaneous Writings of the late Samuel J. Smith, 
Philadelphia and Boston, 1836, 9-10. Samuel Smith, the historian, died at Burling- 
ton, July 13, 1776, after a short illness. The Pennsylvania Gazette, in announcing 
the death, remarked that Mr. Smith was " a worthy and useful member of the com- 
munity. In his several public stations he acquitted himself with ability, integrity 
and unblemished reputation; nor was his character less respectable, when con- 
sidered as a member of the religious society of the people called Quakers." See 
also Biographical Sketch by John Jay Smith, prefixed to the reprint of Smith's 
History. 

" Of John Ladd, the father, and John Ladd, the son, much appears in the various 
records and traditions of their times, which proves them to have been conspicuous 
persons. They were prominent in the political and religious matters that sur- 
I'ounded them, and the subjects of much hard talk, for which some of their 
defamers appear in no very enviable position." — Fiist Settlers of Newton Township, 
Old Gloucester County, by the Hon. John Clement, Camden, 1877, 142. The father 
was a practical sm-veyor, and assisted in laying out the city of Philadelphia for 
WOliam Penn, but in compensation preferred £30 cash to a square of land in the 
embryo city, which moved Penn to say, " Friend John, thou art a Ladd by name, 
and a Ladd in comprehension. Dost thou not know this will become a great 
city."-/6., l43-5.-[W. N.] 



396 ADMINISTRATION OF GOVERNOR FRANKLIN. [1763 



Letter from the Lords of Trade to Governor Franklin, 
informiyig him that no objections ivill he made to 
a hill for issuing certain sums of paper money for 
providing a house for the Governor. 

[From P. R. O. B. T. New Jersey, Vol. 17, p. 180.] 

Whitehall Oct. 21, 1763 
William Franklin Esq": Governor of New Jersey 

Sir 

We have considered the proposal contain'd in your 
Letter to this Board of the 10'" of May last of issuing 
a Sum of Money in Paper Bills of Credit upon loan for 
defraying the charge of making provision for a House 
for the Governor, and other necessary publick build- 
ings; and as the service appears to us reasonable and 
expedient, We shall have no Objection to acquiescing, 
as far as depends upon us, in any proper Act that may 
be formed for issuing such Bills, provided they are 
issued upon the Terras and under the regulations pre- 
scribed in the Act of Parliament for restraining such 
paper Bills in the four New England Colonys, Vk^hich 
We think a proper example for, and wish was extended 
to all His Majesty's Colonies. 

W Smith and Mr Ladd, recommended for the vacant 
Seats in in the Council, have been appointed by his 
Majesty, and the Warrants for such Appointments are 
delivered to the Agent. 

We are. Sir, Your most Obed- humble Servants, 

Hillsborough 
SoAME Jenyns 
E° Bacon. 



17G3] ADMINISTRATION OF GOVERNOR FRANKLIN. 



397 



Letter from Mr. Secretary Poivnall to Sir Fletcher 
Norton, Solicitor General, desiring his opinion 
whether aliens not naturalized can acquire prop- 
erty or lands in America, either by purchase, 
grant or leave of the Croivn. 

[From P. R. O., B. T., Plantations General, Vol. 41, p. 309.] 

Nov. S. 1YC)3 

To Sir Fletcher Norton, His Majesty's Sollicitor 

General 

Sir, ^ m J 

I am directed by the Lords Commissioners for Trade 
and Plantations to desire the favour of your opinion 
whether, as the Laws now stand, aliens not intitledto 
the privileges and benefits of natural born subjects of 
Great Britain, under the Act of the 13^?^ of his late 
Majesty Cap: Y, for naturalizing such foreign protes- 
tants and others therein mentioned as are settled or 
shall settle in any of His Majesty's Colonies in Amer- 
ica, are capable of acquiring Property in lands m 
America either by purchase or Grant or lease from the 
Crown, and as it is for their Lordships Information in 
a matter now under their Consideration and which 
must be decided upon on Thursday morning that I 
now propose this Question to you, their Lordships hope 
to be favoured with your answer before that time, or 
that you will be pleased to signify, that you cannot 
make the return so soon as desired. 

I am wdth great respect Sir &c 

John Pownali, 



398 ADMINISTEATION OF GOVERNOE FRANKLIN. [1763 



Letter from William Franklin, Esq., Governor of 
New Jersey, to the Lords of Tirade, containing an 
account of his proceedings with the Assembly with 
respect to the means of repelling the hostilities of 
the Indians. 

LFrom P. R. O. B. T. New Jersey, Vol. 9, K. 34.] 

Burlington, Dec- 5. 1703 
My Lords, 

I have this moment the Honour of receiving your 
Lordships several Letters of the 28"' of Sept-" & the 7"' 
10*." & 11'-" of October, all by the Pitt Packet. As she 
is to sail again in a few days from New York, and the 
Post wliich is to pass by here in less than Half an 
Hour will be the only one that can reach her, I have 
little more in my Power at present than just to assure 
your Lordships of my strict Compliance with the Di- 
rections these Letters contain. 

The Assembly of this Province are now sitting, be- 
ing summon Yl on a Requisition from Sir Jeff. Amherst 
to furnish 600 Men, to join such Forces as shall be 
raised in New York, for marching early in the Spring 
into the Indian Country, in order to chastise the Sen- 
ecas and other Savages to the Northward who are 
committing Hostilities against the English. I am 
exerting all my Endeavours to prevail on them to grant 
what is required: But I am apprehensive that the Ex- 
ample of the Assembly of New York (who have post- 
pon'd complying with the Demand made on them till 
'tis known what the New England Colonies will do on 
the Occasion) may influence this Assembly to the like 
Delay. However, I believe I shall get them to raise 
in the mean Time 200 Men to be stationed as a Guard 
on the Frontier ; and I make no* doubt, from some 
Assurances they have given me, but that at a future 
Sessions they wiU comply with their Share of the 
Requisition. And, indeed, unless the Colonies do 



1703] ADMiiflSTKATiON OF GOVEENOR FRAN"KLIN. 399 

come into some such offensive Measures as are pro- 
posed, it will be impossible to put an End to the In- 
dian War. The Savages have carried their Barbarities 
to a greater Length than ever they did before, and ap- 
pear to aim at a total Extirpation of the English. 
What has been their Motive for acting in this out- 
rageous Manner I cannot learn. Those who pretend 
to know most of the matter differ so widely that no 
Dependance can be plac'd on their Opinions. As the 
Indians made no formal Complaints before they com- 
menced Hostilities, which is their general Custom ; I 
am inclined to think they have been tempted by the 
great Quantities of Goods which were carried into 
their Country. They had, during the late War, tasted 
the Sweets of Plunder, and had reason to think that 
the English rather than suffer so much as they neces- 
sarily must from an Indian War, would be glad to 
make Peace with them whenever they thought proper. 
Some Jealousies which were instilled into their minds 
by the French Priests and other Emissaries may like- 
wise have contributed in some Degree to occasion their 
Defection: But whatever may have been the real 
Cause, this is most certain, that it is in the Wature of 
Indians to have a thorough Contempt for the nation 
who would make a Peace with them without having 
first made them feel severely in the Vv^ar : And. of 
consequence, they may be expected to renew their 
Hostilities upon every convenient Opportunity. 

What Sir Jeffrey Amherst's Reasons were for not 
calling on the New England Colonies I know not. I 
wish, however, that he had thought proper to do it, as 
it might have prevented this Province & New York 
delaying their Share of the Requisition. Ueneral 
Gage, who succeeds in the Command, intends, I am 
informed to apply to them. If they comply on their 
Parts, I am in hopes we shall be ably to get together a 
considerable Body of Forces for an Early Spring Cam- 
paign. 



400 ADMINISTRATION OF GOVERNOE FRANKLIN. [1764 

Enclosed is a printed Copy of my Speech, by which 
your Lordships will see what Steps I have taken for 
the Defence of our Frontiers, &c. 

By the next Opportunity I shall send your Lord- 
ships an Account of all the Transactions of this Ses- 
sions of Assembly, as I did that of the last by the Ves- 
sel in which Gen! Monckton went Passenger. I have 
the Honour to be, with the greatest Respect, 
My Lords, Your Lordships 

most obedient &, most humble Servant 

W^ Franklin 

P. S. I have wrote since my Arrival here, four let- 
ters to your LordP-^ of the following Dates, viz. May 
10, June 27, July 19, & Aug'.* 6, which, tho' the re- 
ceipt of them has not been acknowledged, I suppose 
must have got safe to hand, as I have answers to all 
the private letters I wrote by the same Opportunities. 

The Countess of Leicester Pacquet, which sail'd be- 
fore the Pitt, is cast away, & the Mail said to be lost. 
Perhaps your Lordships may have sent some De- 
spatches by her. 



Letter from Governor Franklin to the Lor^h of Trade 
relative to an act for raising levies for the defence 
of the province, and to other acts lately 2Jassed 
there. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 36.] 

Burlington Jan'.'' 20, 1704 

To the Lords of Trade 

My Lords 

I did myself the Honour of writing to your Lord- 
ships the 5*.'' of last Month, when the Assembly of this 
Province were sitting here. Notwithstanding all my 
Endeavours I could not prevail on them to grant the 



17fi4] ADMINISTRATION" OF GOVERNOR FRANKLIN. 401 

General's Eequisition of 600 Men at that Time, because 
the New York Assembly had before postpon'd comply- 
ing with the Eequisition made on them, until they 
should be acquainted with what Part the New England 
Colonies would act on the Occasion. The Assembly 
however gave me Assurance that as soon as the Eoyal 
Pleasure should be signified with regard to the Indian 
War, and the Determination of the other Colonies 
were known, they would grant all that could be 
reasonably expected of them. I have since received 
His Majesty's Orders, in a Letter from the Eight 
Honourable the Earl of Halifax, and shall in pursu- 
ance thereof summon the Assembly, and once more 
press upon them the complying with the Eequisition 
of His Majesty's General. All that could be obtained 
of them at the last Session, was, to grant 10,000£ Cur- 
rency for the Support of the Militia I had march'd for 
the Protection of the Frontiers, and to raise 200 Pro- 
vincials to serve there until August next if necessary. 
The Act which was pass'd for this Purpose is exactly 
conformable to all the Acts of the same Nature pass'd 
during the War. There is a Provision in it for strik- 
ing a Sum to exchange the torn and defaced Bills of 
former Emissions, but this makes no Addition what- 
ever to the Currency. The Objection I made to this 
Act, and the Necessity I was under of passing it, your 
Lordships may see in the Privy Council Minutes of the 
6*.'' of December sent herewith. I had, moreover, 
Letters from Sir Jeffery Amherst and Geoeral Gage, 
urging from some Intelligence they had received, &c. 
the Necessity there was of something being immediate- 
ly done for the Protection of our Frontiers, which 
were now become very extensive by reason of the back 
Inhabitants of New York & Pensylvania having 
abandon'd their Settlements. 

There were 19 other Acts passed at the last Sessions, 
all which I shaU transmit to your Lordships by the 
26 



402 ADMINISTRATION OF GOVEKNOE FKANKLIN. [17G4 

first convenient OpiDortunity. None of them are of a 
new or an extraordinary Nature, unless it be the "^Act 
to set aside the Partitio7i of Lands in the County of 
Hunterdon, lately made by Viriue of a Writ of Par- 
tition, between the sons of George Leslie deceased,'^ 
&c. This, however, being a Private Act, I did not 
give my Consent to it, till they had added a Clause sus- 
pending the Effect thereof till His Majesty's Pleasure 
should be known. There is likewise an Insolvent Act, 
& an Act for continuing the old Militia Law. The 
others are chiefly for draining Meadows, making 
Roads, Bridges, &c. and were passed with the Consent 
of all the Parties any ways interested therein, after 
due Notice given. 

I am, with the utmost Eespect, My Lords, Your 
Lordships most obedient, & most 

humble Servant. 

W Franklin 



Letter front Governor Franklin, to the Lords of Trade, 
in answer to their Lordships'' letters, relative to 
the transmission of public papers — the revenue — 
and issuing a sum of money in paper bills on 
loan, for defraying the charge of erecting public 
buildings. 

[From P. R. C, B. T., New Jersey, Vol. 0, K. 39.] 

Burlington, Feb^'.^ 8, 1764 
To the Lords of Trade 

My Lords 

Your Lordships mention, in your Letter of the T"' 
of October, that there has been a Neglect of ti'ansmitt- 
ing the Papers and Accounts required by His Majesty's 
Instructions to his Governors in America. As to my- 



1764] ADMINISTEATION OF GOVERNOR FRANKLIN. 403 

self, I have regularly sent over the Acts which were 
passed, and the Minutes of Council and Assembly of 
each Session, together with the Publick Accounts, as 
soon as they could be got ready. The Custom House 
Accounts, indeed, have not been sent, owing to my 
not being able to get any Person to act Naval Officer 
in the Western Division, there being scarce any Trade 
there; and as the Naval Officer in the Eastern Division 
don't make above Five Pounds a Year of his Office, he 
thinks it scarce worth his while to be at the Trouble 
of making out the Accounts: He has, however, prom- 
ised me to do it, so that I may have them to send by 
the next Ship to England. If any particular Papers 
or Accounts should be wanting, which ought to have 
been sent, either in my Time or in that of my Prede- 
cessors, I shaU readily transmit them, upon receiving 
your Lordships Directions. 

As this Province has scarce any foreign Trade, the 
Inhabitants being chiefly Husbandmen, who sell iheir 
Produce at New York and Philadelphia, and there pro- 
vide themselves witli all the European and West Indian 
Conmiodities they have occasion for, the Eevenue aris- 
ing from the Duties of Customs (mentioned in your 
Lordship's Letter of Oct!" 11,) must consequently be 
very inconsiderable. Indeed I don't see that much 
Eevenue could be expected from any of the Colonies 
from that source, as the Duties laid on Foreign Rum, 
Sugar, & Molasses, (which are the Principal Duties) 
must have been intended to amount to a Prohibition; 
and they certainly soon would have had that Effect, if 
they had been exacted: But the Custom House Officers 
(upon finding that the North American Colonies could 
not do without that Trade, as our own West India 
Islands did not afford a sufficient Supply) entered, as 
I am told into a Composition with the Merchants, and 
took a Dollar a Hogshead, or some such small matter, 
in Lieu of the Duties imposed by Act of Parliacnent. 



404 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

Whether they afterwards remitted this Composition 
Money to England, or rendered any Account of it, is 
without my Knowledge. It seems, however, to be 
Agreed on all Hands, that if the Duties were lowered, 
they would be regularly paid, and a considerable Eeve- 
nue arise from thence to the Crown. At present there 
are great Murmurings among the Merchants, and 
others, in North America, on account of the Stoj) put 
to that Trade; and I suppose your Lordships will 
shortly have an Application made to you for Kedress. 
Your Lordships Letter of the 21st of October, rela- 
tive to the Issuing a Sum of Money in Paper Bills on 
Loan, for defraying the Charge of erecting Public 
Buildings, I have not yet communicated to the Assem- 
bly, as I know they will not think of going into the 
Measure while the Indian War continues. Upon con- 
versing, however with some of the Members, I find 
that they are apprehensive it will not answer, as it is 
restricted to the Regulations prescribed by the Act of 
Parliament for the Four New England Colonies, which 
limits the Currency of the Bills to Five Years, and 
this is thought too short a Term to induce a sufficient 
Number to become Borrowers. I have the Honour to 
be, with the greatest Eespect, 

My Lords, Your Loi-dships, most obedient, 

and most humble Servant 
W*; Franklin 



1764] ADMINISTEATION OF GOVERNOK FRANKLIN. 405 



Reijvesentation to His Majesty concerning the revival 
of the bounties upon hemp, the paper currency in 
A?nerican Colonies, and the duties upon heaver 
skins; also upon the application of the New Eng- 
land merchants relative to the duty upon ivhale 
fins. 

fFrom P. R. O. B. T., Plantations General, Vol. 41, Page 943.] 

Whitehall, Febiy 9^" 1764 
To the King's most Excell* Majesty. 

May it please your Majesty, 

Several Memorials have been presented to us by 
Merchants and others interested in the commerce 
carried on between this Kingdom and Your Majesty's 
American Colonies, and concerned in those Manufac- 
tures which have been and may be more improved and 
extended by the increase of raw materials from the 
Plantations, complaining of the obstructions which 
that commerce meets with from the ill regulated state 
and condition of the pubhck credit in some of the 
Colonies, and setting forth the Advantages which may 
be derived to this Kingdom, from a proper attention 
to many circumstances arising from a variety of 
climate, fertility of soil, & richness of produce of this 
vast and extensive part of your Majesty's Dominions. 

These Memorials relate to, 

First, The legal tender which is still annexed to the 
paper Bills of Credit of those Colonies which are not 
included in the Act of the 24"' of His late Majesty for 
restraining such paper BUls of Credit, and preventing 
the same from being legal Tender within the New 
England Governments. 

Secondly, The expediency of encouraging the im- 
portation of Hemp from America into this Kingdom, 



406 ADMIN ISTKATION OF GOVEENOR FRANKLIN. [1764 

in order to induce the Colonies to enter more largely 
into the Culture of that valuable Commodity; 

Thirdly, The State of the duties paid upon the im- 
portation, and the drawbacks allowed upon the Ex- 
portation of Beaver Skins; 

Fourthly, The duties now payable upon the im- 
portation of whale Fins, the produce of the American 
Seas. 

As these several points appear to us to be of very 
great importance to the Commerce and Manufactures 
of Your Majesty's Dominions, and to the reciprocal in- 
terests of You]- Majesty's Colonies & this Kingdom; 
We thought it our duty to take them into our serious 
consideration; and having been attended by, and heard 
what the Memoriahsts had to offer in support of their 
several Allegations, and consulted many other persons, 
who are interested therein, or who, by their experience 
or Knowledge in the Affairs of Your Majesty's Colonies, 
might be able to furnish us with the fullest lights and 
information; We humbly beg leave to lay before 
Your Majesty our Sentiments upon the whole, and to 
submit to Your Majesty such propositions as appear to 
us necessary to be offered to the consideration of Par- 
liament thereupon. 

The bad effect and pernicious operation of the legal 
Tender annexed to paper Bills of Credit are universally 
admitted, and have been severely felt in most of Your 
Majesty's American Colonies, and to shew the sense of 
the Merchants of the principal Cities of Great Britain 
upon this subject, we beg leave to subjoin their Me- 
morials No. 1. 2. 3, 4. complaining of the losses they 
have sustained, and the confusion that has arisen from 
the introduction of this impolitick, as well as fraudu- 
lent System into the Colonies of Virginia and North 
Carolina. 

We are not sufficiently inform'd to say with Cer- 
tainty, in what manner, and from what causes this 



1764] ADMIIflSTRATlON" OF GOVERNOR FRANKLIN". 407 

absurd and destructive notion of converting paper 
Bills of Credit into legal Currency first took it's rise, 
not being in possession of the antient Eecords of the 
Colony of the Massachusetts Bay, where we apprehend 
it first begun ; but we conceive, that between the 
years One thousand six hundred and Eighty Nine and 
One thousand six hundred Ninety two that Colony, 
growing necessitous from the expences incurred chiefly 
on account of Sir WiU'? Phipp's Expedition against 
Canada, borrowed money, in a method of tvhich we 
are not particularly apprized, upon such security and 
under such terms and conditions, that the notes or 
BiUs given for the same carried with them such a de- 
gree of credit, that they passed m dealings and trans- 
actions with as Uttle difficulty as Bank Bills do now 
in this kingdom. 

The first obvious effect of these Notes thus from 
their credit passing in payment, was the exportation 
of almost all the Gold and Silver in the Province ; and 
the Necessities of the Government at the same time 
increasing without a possibihty of finding Funds to 
give sufficient Securities for the principal and interest 
of money to be borrowed, soon made it necessary for 
the Assembly to turn their thoughts to some new 
method of answering the pubhck Exigencies ; and the 
beforementioned notes being in part paid off, after 
having occasioned the exportation of most of the Gold 
and Silver, the apparent want of a medium of Trade 
and Commerce furnished a further pretence for a new 
scheme of paper Credit ; and that this is no uncertain 
conclusion, will evidently appear from the first Act of 
the general Court of the Massachusetts Bay that we 
are in possession of; which act, reciting the extreme 
scarcity of money, and want of other medium of com- 
merce, gives an additional advantage to a new emis- 
sion of paper Bills of Credit, by directing that they 
should pass and be received in all publick Payments at 



408 ADMiNlSTKAflOJSr OF GOVEENOE FEANKLIN. [1764 

the advance and atter the rate of five per Cent v^^hich 
additional advantages the General Court v^as probably- 
induced to give from an apprehension that without 
such advantages these new Bills would not carry suf- 
ficient Credit to make them pass, so as to answer the 
general purposes of trade and government. 

This expedient we presume had it's efi'ect for some 
years ; for we do not find any depreciation of these 
bills of credit from their original nominal value of one 
hundred and thirty six pounds for one hundred pounds 
sterling till the year 1705 ; when one hundred pounds 
sterling became worth one hundred and forty pounds 
Currency ; from which time they continued at every 
new emission gradually to depreciate, until the year 
lYll ; when one hundred pounds Sterling became 
worth one hundred and fifty pounds Currency ; Dis- 
putes then arising between Debtors and Creditors upon 
taking these bills in payment for Debts contracted be- 
fore the depreciation, the General Court thought fit to 
enact, that these paper Bills should be a legal Tender 
in aU payments tiU the year 1715 ; and we find after- 
wards, that the same regulation was continued to the 
year 1730. 

The palpable fraud of this regulation in 171 1 is so 
glaring, that it is impossible to suppose, that the Gen- 
eral Court was not sensible of it ; for by this law every 
Creditor, who had lent his money before the deprecia- 
tion, was defrauded of the whole difference ; and as 
every new emission was constantly followed by depre- 
ciation, the fraud was increased to such a degree, that 
many fair Creditors and other persons not in debt lost 
half or three fourths of what was due to them, and of 
their personal Estate. 

The Grievance at length became so enormous in this 
and in the other Colonies upon the Continent of 
America, almost all of which had followed the exam- 
ple of the province of the Massachusetts Bay in issuing 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 409 

paper Bills of Credit, and making them legal tender, 
tho' upon different principles and under different regu- 
lations; and this practice liad so pernicious an opera- 
tion, not only witliin tlie Colonies themselves, but also 
upon their commerce and deahngs with this Kingdom, 
that the House of Commons thought proper in the 
years 1781) & 1T4() to take up the consideration of the 
dangerous state of publick credit in the Colonies, and 
to interpose in order to stop those abuses, which the 
Crown had in vain endeavoured to check by its own 
authority ; and on the 14"' of April 1740, upon full 
consideration thereof, They unanimously resolved, 
That the creating paper Bills oi Credit and declaring 
them to be legal Tender in all payments had been a 
great discouragement to the commerce of this King- 
dom, by occasioning a confusion in dealings, and a 
lessening of credit in those parts; And that the instruc- 
tions given by the Crown to the several Governors not 
to assent to any Acts for making such bills of Credit 
without Clauses susi3ending their Execution untill the 
Crown's pleasure could be Know^n,- ought to be en- 
forced and duly observed. 

These Resolutions however, in which the sense of 
one branch of the Legislature was so clearly & fully 
expressed, had not the effect to restrain this destruc- 
tive practice, and the quantity of this paper Currency 
having been greatly increased on account of the real 
or pretended exigency of the service during the war 
with France and Spain, the Mischiefs of it were severely 
felt, as well by the Merchants of Great Britain, as by 
the Colonies themselves; and occasioned another par- 
liamentary enquiry, which produced the Act passed 
in the 24*'' of His late Majesty for restraining such 
paper Bills of Credit in the New England Governments; 
But we beg leave to observe to Your Majesty, that the 
Limitation of this Act to those Governments did not 
arise from any opinion which our Predecessors in 



410 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

office, who supported this Bill, had entertained, that 
the reasonings and principle upon which it was founded 
were not equally applicable to the other Colonies, but 
from an unwillingness in parhament to involve those 
Colonies, whose conduct had not been complained of, 
in a measure, that, at the same time that it restrained 
was intended as a just censure of the Conduct of those 
to which it was apphed; For that Board of Trade, 
which upon many other occasions, as well as in this 
instance, has very eminently distinguished itself, 
appears to have had the clearest conviction, that this 
measure of declaring paper bills of Credit to be a legal 
Tender, was false in it's principles, unjust in it's 
foundation, and manifestly fraudulent m its operation. 

What we shall humbly propose to Your Majesty is 
founded upon the same principles, which appear to 
have been the rule of the conduct of that Board; and 
our intention is not to convey censure upon any par- 
ticular Colonys, but to suggest a general regulation, 
upon full conviction that it is necessary, as well for 
the security and interest of the Colonies themselves, 
as of the trade and commerce of this Kingdom. 

It is not necessary for us to enter into many Argu- 
ments to evince, that the practice of making paper 
bills of Credit a legal tender is absurd, unjust and im- 
politic, being supported in this opinion. By the ex- 
perience of it's effect in eveiy Colony where it has been 
practiced to any great degree; By the sufferings and 
Losses of the Merchants trading to America, By the 
opinion of our ablest Predecessors at this Board; — By 
the Resolutions of the House of Commons, and the 
Orders of the Crown thereupon; — By the sense of the 
whole Legislature expressed in the Act of the 24'" of 
the late King; — And by the beneficial effect of that 
Act in the Colonies to which it was applied, more par- 
ticularly in the province of Massachusets Bay; where, 
tho' by the extensive operation of the War in North 



411 



1764] ADMIKISTRATION OF GOVEKNOK FRANKLIN. 

America they were obliged to make greater efforts in 
every respect, than was ever required in any former 
War; yet such was the state of pubhck Credit under 
the effect of this law, that larger supphes were raised 
and with more satisfaction and facihty than was ever 

Known before. ' , xi i. 

It would otherwise not be very difficult to shew, that 
a Medium of Trade must in its nature not only be a 
measure of the value, but the equivalent; and that m 
a Country which has any foreign Trade, the equiva- 
lent must be of a material which is universal & of in- 
trinsic value, wbich paper Bills of Credit, created m 
any particular Country, never can be;-That different 
Countries must agree upon the material for this meas- 
ure and equivalent, which they have tacitly done m 
favour of Gold or Silver; but never will or did, or can 
do so with regard to Paper;-That Gold or Silver are 
the materials fittest for this measure and equivalent, 
for several reasons too long to enumerate; and that 
Paper is perhaps as unfit as anything can possibly be; 
all which would be enough to evince the absurdity of 

this measure. 

If we were to enter into a discussion of the Fraud & 
Injustice of it, we should find it only necessary to referr 
to effects of the depreciations in the several Colonies, 
where debtors have been enabled to pay their debts 
with three or four Shillings in the pound, merely by 
Majorities of Men under that Description in the Assem- 
bhes making new and large emissions of paper BiUs.— 
For these Bills have but one property in common with 
real money, which is that the larger the quantity, the 
less the value with regard to other Commodities; and 
this perhaps may arise from the quantity effecting the 
credit, as in the other case the quantity overstocks the 
market— thus it would easily be made to appear that 
Fraud and Injustice are and must be the attendants 
upon this practice. 



412 ADMIJSriSTRATION OF GOVERNOK FRANKLIN. [17G4 

And as nothing can be consonant with true pohcy 
that is absurd and unjust, that consideration would be 
sufficient to shew, that this strange and deceitfull sys- 
tem is impohtic; but when added to this, we consider, 
that such a j^aper Currency in a commercial country 
banishes the real medium of Trade, Gold or Silver, and 
that such a country is paid in paper, and pays and 
must pay either in Gold or Silver, or its other valuable 
Commodities, we humbly presume the art of man can- 
not contrive any measure more ruinous & destructive 
to the unhappy counti'y, where it is allowed to take 
place. 

' It will we trust appear to Your Majesty from what 
has been said, that the practice, which at present pre- 
vails in those Colonies, not included in the Act of the 
24:V' of His late Majesty, of issuing paper Bills of Credit 
upon pretence either of discharging publick debts, 
defraying publick Services, or establishing a Medium 
of Commerce, which Bills bear no Interest, are in some 
cases redeemable at very distant periods, and in other 
cases have no fund at all for their Redemption, and 
the compelling persons by law to receive these Bills at 
an arbitrary, artificial and nominal value, is of the 
most pernicious nature, destructive of publick Credit, 
ruinous to the Colonies themselves, and highly injuri- 
ous to the Commerce of this Country; and that the 
Complaints lately made by the Merchants of the prin- 
cipal trading Cities in Great Britain of the prejudice 
which they have sustained from this practice do call 
for that redress from Parliament, which, as We have 
before observed, the Crown has in vain endeavoured 
to obtain for them by its own Authority. 

It has been urged upon this occasion, that the Com- 
plaints of this practice are merely confined to Virginia 
and Carolina; and that in the middle Colonies the pub- 
lick faith has been preserved, and no inconvenience 
has been found to attend this practice; but on the con- 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 413 

trary, that it has produced very beneficial Conse- 
quences: This however will, we humbly conceive, 
appear upon examination not to be founded upon fact; 
for tho' the Credit of the Bills in these provinces has 
been bettei^ supported than the Credit of those of other 
Colonies; yet they have never Kept to their nominal 
value in circulation, and have constantly depreciated 
to a certain degree, whenever the quantity has been 
increased; 'But if the Fact could be admitted, as it is 
stated; yet it would be no argument in favour of a 
practice in its nature founded in fraud and injustice, 
which are stamped upon the Bills themselves, by com- 
pelling all persons to receive that as lawfuU money 
which has no real intrinsic value in itself. 

It is this circumstance of declaring those Bills to be 
a legal tender, which we humbly conceive constitutes 
all the fraud and abuse attendant upon this practice; 
and that, if this was not allowed, the Colonies, when- 
ever they should find it necessary to make use of their 
publick Credit, would be constrained to do it in a just 
and equitable manner; and therefore we humbly sub- 
mit to Your Majesty, whether it may not be advisable 
to move in parliament for a Bill to enact, That all 
Acts, Orders, Votes or Resolutions, which shall be 
hereafter passed or made in any of the American Colo- 
nies, by the provision, effect or operation of which, 
any paper Bills or Notes, commonly called Bills of 
Credit, which may be created or issued in the said 
Colonies, shall be declared to be or any ways enforced 
as a legal Tender, shaU be null and void to all intents 
and purposes; as also all Acts, Votes or Resolutions, 
by which the periods fix'd or Funds established for 
the redemption and discharge of such paper Bills of 
Credit, as are now existing and passing Current in the 
said Colonies in virtue of any Acts, Orders, Votes or 
Resolutions heretofore made or passed, shall be post- 
poned, or anyways altered or changed; or by which 



414 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

the said Bills of Credit, or any part thereof shall be 
re-emitted, or obtain any new or further Currency. 

That any Governor, Lieutenant Governor or Com- 
mander in Chief in any of the said Colonies, who shall 
give his Assent to any Act, Order, Vote or Resolution, 
contrary to the abovementioned Regulations and 
Limitations, shall forfeit one thousand pounds, and be 
rendered incapable of serving Your Majesty in any 
Employment, Civil or Military. 

That no Bills of Credit, now existing in the Colonies 
and passing Current in payment there, shall be a legal 
tender after the expiration of the periods fixed for 
their Redemption, by the several Acts, Orders Votes or 
Resolutions by which they were created and issued, 
and that, in cases where Bills of Credit do exist and 
pass current in payments without any periods fixed, 
or Funds established for their redemption, such Bills 
shall cease to be a legal Tender from and after a cer- 
tain time to be limited in the said Bill. 

The second consideration, which we beg leave to lay 
before Your Majesty, respects the expediency of giving 
encouragement to the importation of Hemp from the 
American Colonies; and we humbly represent to Your 
Majesty, that, among the many Laws which have been 
passed from time to time for securing to this Kingdom 
the commercial Advantages of the Colonies, those for 
encouraging the importation of Naval Stores, do, both 
from the wisdom of their provisions, and the benefit 
of their operation, deserve particular attention; The 
Articles, to which these Laws at present apply their 
encouragements, are Masts, Yards, and Bowsprits, 
Pitch, Tar, & Turpentine, upon the importation of 
which certain premiums are paid; and of late years 
particular encouragement has also been given with 
great success to the importation of American Iron, by 
admitting it to be imported in Bars free of duty under 
stated regulations. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 415 

When the Premiums upon the aforementioned Arti- 
cles of Naval Stores were first established, that of 
Hemp was with great propriety included among the 
rest, and so continued until the year 1740; but the 
bounty not having in the course of many years experi- 
ment produced any effect, it was, either from want of 
attention, or from despair of it's success, suffered to 
expire in that year. 

The inefficacy of this Bounty is, we conceive, chiefly 
to be attributed to the following Causes; viz^ 

First, That those Parts of Amei'ica, which are most 
advantageously situated, and by nature best adapted 
to the Culture of this Commodity, as Nova Scotia and 
the Eastern parts of New England, remained during 
the continuance of the bounty without any consider- 
able Settlement or Inhabitancy. 

Secondly, That in the other settled Colonies, where 
this Commodity might have been raised, the Planters 
had engaged in other Articles of Culture, from which 
they derived a veiy great and more certain profit. 

Thirdly, That there was no encouragement to the 
importation of Iron from America, which is a neces- 
sary article to alleviate the expence of the Freight of 
so bulky a Commodity as Hemj) in so long a Voyage. 

These obstructions however do now, not only, no 
longer remain, but new prospects of advantage in this 
beneficial Culture are opened; for as on the one hand 
Nova Scotia and the contiguous parts of New England 
are now in great measure settled, and Your Majesty's 
Dominions extended by the invaluable Acquisition of 
Canada; so on the other hand the established Articles 
of produce in other Colonies, which engaged the first 
attention of the Planters, more especially Rice and 
Tobacco, have been push'd to their utmost extent; and 
those Planters scarce find a Market for what they 
raise; and therefore have begun to turn their thoughts 
and labour to the prodviction of other Articles, more 



416 ADMINISTEATION OF GOVERNOR FRANKLIN. [1764 

especially of Hemp, considerable quantities of which 
are now actually raised in Pensylvania, Virginia and 
the Carolinas. 

From these considerations the Merchants trading to 
the Colonies have, in Conjunction with the respective 
Agents, requested by a Memorial, a Copy of which is 
hereunto annexed No. 5 Bundle R IS. that the bounty 
allowed by the former laws upon the importation of 
Hemp from America may be revived and enlarged for 
a certain time. 

We shall not upon this occasion enter into a discus- 
sion of every advantage, that will accompany the ob- 
taining Hemp from the British Colonies; it will be suffi- 
cient to say, that it is for the Interest of tliis Kingdom 
in every light, both political and commercial, to secure 
a supply of so important an Article, which is not only 
a very valuable material of manufacture, but is also 
essential to the Commerce, the Strength, and the 
Security of this Kingdom, and for which we have 
hitherto remained in a dangerous state of dependance 
upon foreign Nations. 

The only consideration therefore is, whether Hemp 
can be supplyed from America of such quality, and at 
such price, as, all things considered, may make it 
adviseable to encourage its growth there, and the in- 
troduction of it from thence into this Country. 

As to the quality of the American Hemp, it no lon- 
ger, we presume, remains a doubt, that it is as good 
as that imported from Russia ; and as a proof of this, 
we humbly beg leave to subjoin a Copy of a report 
(No. 6,) Bundle R. 35, made to us by the Commission- 
ers of Your Majesty's Navy, of the effect of several 
trials made in Your Majesty's Yards; by which it ap- 
peared, that the American Hemp was in its nature of 
equal strength and goodness to the best Russian 
Hemp, tho' inferior in some circumstances from a 
want of skill and attention in the preparation of it. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 417 

The main obstacle to the Importation from America 
of this and many other materials of Manufacture, for 
which we now chiefly depend upon other Countries, 
is the disproportion in the price, arising from the ex- 
cessive dearness of labour in the Colonies, and from 
the difference in the charge of Freight. 

From the best Information wo have been able to 
procure, we find that, before the late war, the medium 
price of a Ton of Russia Hemp at the lowest computa- 
tion (Freight included, which is about forty shillings 
^ Ton) was fj'om Twenty one pounds to Twenty two 
pounds ^ Ton; and that a Ton of American Hemp 
could not be afforded here for less than Twenty nine 
pounds f> Ton, including the Freight, which is stated 
at four pounds ^ Ton at the least. 

The difference however in the charge of the Freight 
arose in some degree from the difference of shipping 
and method of package, it being stated, that the ships 
used in the Trade to the Baltick and East Country are 
less expensive and more roomy, than those used in the 
American Trade, insomuch that, tho' a Baltick Ship, 
which measures two hundred Tons, will take in one 
hundred & seventy Ton of Hemp; yet an American 
Ship, of the like admeasurement, will not receive more 
than from one hundred & ten to one hundred and 
twenty Ton; and it is further stated, that they have a 
method in the Baltick Ships of skrewing down the 
Hemp in the Ships hold, by which means they stow 
the greater quantity. 

Another circumstances, which has operated in some 
degree to alleviate the charge of the Freight of Hemp 
from Russia, has been the bringing with it a Cargo of 
Iron, which, at the same time that it is an Article of 
great intrinsic value in itself, and produces great profit 
to the Importer, is in it's nature, as we observed be- 
fore, the best adapted to assort with a cargo of so light 
and bulky a commodity as Hemp. 
37 



418 ADMINISTKATION OF GOVEENOR FRANKLIN. [1764 

All these Circumstances however, which do now 
operate in favour of the Eussia Hemp, to the disad- 
vantage of America, are evils which will, under proper 
encouragement, work out their own cure ; for there 
can be little doubt but that such encouragements will 
introduce the same sort of shipping and the same 
method of package, now used in the Eussia Trade ; 
and as most, if not all the Colonies, where this Com- 
modity either is or may be produced, do hkewise pro- 
duce Iron, equal in goodness to what we now receive 
from the Northern parts of Europe, the same advan- 
tage, in point of Freight, and every other that is stated 
to arise from this favorable circumstance to the Hemp 
of Europe, will in a few years equally attend that 
from America. 

The difference in the prime cost of this material 
arising from the difference in the price of labour will 
undoubtedly for some time have an effect to the dis- 
advantage of the American Hemp ; and to remedy 
this Evil is one of the principal objects of the applica- 
tion for this bounty ; But we have good reason to 
hope, that the necessity of a large bounty on this ac- 
count will not be of long continuance, as the price of 
labour in general will diminish in proportion as the 
number of Inhabitants increases ; and as there is an 
immediate prospect of the culture of Hemp succeeding 
in Canada, where from the number of Inhabitants 
labour is cheaper than in other Colonies, where the 
nature of the Soil in many parts of it is peculiarly 
adapted to the raising of this Commodity, and where 
the best Iron in the world is produced. 

There is another circumstance arising from a consid- 
eration of this matter, which we humbly conceive to 
be of the greatest importance, and whicli appears to 
us greatly to favom^ a reasonable encouragement to 
the importation of this material, which is, that it is 
already manufactured in the Colonies, not only into 



1764] ADMINISTEATION OF GOVERNOR FRAKKLIN. 419 

Cordage, but also into Linnen of various species ; and 
there is great reason to fear, that, unless some Chan- 
nel of beneficial exportation of it, as a raw material, is 
soon opened, these Manufactures will be greatly in- 
creased and extended, contrary to that policy, upon 
which the mutal Interests and Commerce of this king- 
dom and the Colonies do so essentially depend. 

In order therefore effectually to open this Channel 
of exportation, to encourage the introduction of a 
proper species of shipping, and to reduce the price of 
the American Hemp to nearly the same level with the 
Hemp from Russia, We are humbly of opinion, that 
Hemp imported from Your Majesty's Colonies, under 
proper regulations in respect to the quality of it, should 
be intituled to the following Bounties, payable for a 
Term of twenty one Years, divided into three equal 
periods, viz*^: 

For the first seven years eight pounds ^ Ton. 

For the second seven years six pounds "§ Ton. 

For the third seven years four pounds f Ton. 

The third proposition, upon which we shall humbly 
beg leave to submit our sentiments to Your Majesty, 
arises from a consideration of the present state of the 
duties & drawbacks upon Beaver Skins imported and 
exported ; and we humbly crave Your Majesty's per- 
mission to lay before you the annexed Copy (No. 7) of 
a Memorial i^resented to Us by the makers and venders 
of Hats in Your Majesty's Cities of London and West- 
minster, stating the disadvantage they lye under from 
the manner in which these duties are at present 
regulated. 

By the regulations of the duties upon Beaver Skins, 
as they stand at present, each Skin pays upon imj^ort- 
ation Seven pence io t ; and there is a drawback of four 
pence i;, ]l of the said duty upon exportation. 

The makers and venders of Hats allege, that these 
Regulations operate by Means of the Drawback upon 



420 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

Exportation to supply the French and other Foreign- 
ers with this Material of Manufacture, at a cheaper or 
at least 'at as cheap a Rate as it can be procur'd here, 
loaded with the present Duty upon Importation ; so 
that by this Means, and by Means of other Advan- 
tages which the French have from the Cheapness of 
Labour, they have been enabled to supply the Foreign 
Markets, more particularly those of Portugal, with 
Hats, which were heretofore supplied from this King- 
dom ; and therefore they desire, that this Drawback 
upon Exportation may be taken off, and a Duty sub- 
stituted in its Place, both upon Beaver Skins & Beaver 
Wool. 

As the MemoriaUsts, in order to support their Alle- 
gations, as to the Decrease in the Exportation of Hats, 
referred themselves to the Custom House Books, we 
have thought proper to procure from that office an 
Account of the Exportation of Hats to foreign parts, 
in three different periods ; viz* 

First period, from Christmas 17;^)5 to Xmas 1738 ; 

Second period, from Christmas 1750 to Xmas 1753 ; 

Third period, from Christmas 1759 to Xmas 1702. 

From these Accounts, Copies of which are hereunto 
annexed (No. S. 9. 10.) it will appear to your Majesty 
that there is a very great Diminution in the Exporta- 
tion of Hats to Portugal in the last period, more par- 
ticularly in the last Year of it, whea the Quantity of 
Beaver Hats exported to that Country, which at a 
Medium of the two first periods, amounted to upwards 
of 13,000 Dozen annually, does not amount to more 
than 2,397 Dozen. 

This Decrease in the Exportation of Hats to Portu- 
gal must not, however, be charged intirely to the Ac- 
count of any Advantage, which the Exportation of 
Beaver Skins from this Country derives from the 
Drawback of a part of the Duty ; it is a Circumstance 
of Disadvantage to the English Manufacturers, much 



1764] ADMINISTRATION OF GOVEENOR FRANKLIN. 421 

too inconsiderable to produce, of itself, such an Effect; 
which is rather to be attributed to the great Increase 
in the Price of Labour in this Country, more particu- 
larly in the Metropolis, and to the Discredit which, we 
are sorry to say, many of our Manufacturers have 
fallen into in foreign Markets, from a Deceit and Un- 
fairness in their Fabrick ; It is nevertheless apparent, 
that the Drawback upon the Exportation of Beaver 
Skins, of which this Kingdom has now, by the Acqui- 
sitions of the late definitive Treaty, almost a Monopoly, 
does give an Advantage to the foreign Manufacturers, 
that ought in Justice and pohcy to be thrown into the 
other Scale, if it can be done without prejudice to the 
Trade in general ; But it is aUeged by the Hudsons 
Bay Company and other Importers and Exporters of 
Beaver Skins, by whom we liave been attended upon 
this Occasion, that as not much more than one half of 
the Beaver Skins imported are worked up in our own 
Manufactures, the taking off the Drawback, and im- 
posing a Duty in lieu thereof upon Exportation, as 
proposed by the makers and Venders of Hats, wiU, in 
its Consequences, affect their Trade in this Commod- 
ity, by not only encouraging and encreasing the ilhcit 
Exportation of it from the Colonies directly to foreign 
Markets, but will also encourage the Manufacture of 
Hats in the Colonies, which is now carried on to a 
great Extent, particularly in the province of New 
York, contrary to that policy, which we have before 
mentioned in the Case of Hemp, and which is so es- 
sential to the mutual Interests of this Kingdom and 
the Plantations. 

From a Consideration of these Facts and Arguments 
it appears to us, that the best Method of giving that 
Relief to the Manufacturers of Hats, which their Case 
appears to require, without incurring the Risque of 
Smuggling, or a Deviation in the Colonies from their 
true Interest, will be to take off the Duty now paid 



422 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

upon the Importation of Beaver Skins, v^hich we 
humbly conceive to be a Heavy Burthen upon Trade, 
and inconsistent with those general principles, which 
appear of late Years to have been wisely adopted by 
the Legislature of this Kingdom, in taking off those 
Duties which the Error of former times had imposed 
upon the raw Materials of Manufacture ; And that, in 
lieu of such Dutys now paid upon Importation, the 
following Duties should be imposed upon Exportation 
of Beaver Skins, viz^ upon every Beaver Skin £0. 0, 7 
and upon every pound of Beaver Wool £0. 1. 6. Which 
Duty upon Beaver Wool is proposed to be lower in pro- 
portion than that upon the Skins, as the cutting the 
Wool from the pelt is in some Degree a Manufacture 
in itself, and leaves the pelt here an useful Material in 
another Manufacture, producing an increase in the 
Revenue of Excise. 

We would however humbly recommend, that one 
penny pr Skin should continue to be paid upon all 
Beaver Skins imported, in order to insure certain and 
regular Entries of the Quantity, and thereby enable 
your Majesty to judge of the true State of the Trade. 

We find, upon Enquiry, that some Beaver is im- 
ported and exported, cut into small pieces, and passes 
under the denomination of Cut-Beaver; in Order, there- 
fore, to prevent any Evasion of the payment of the 
duty upon Exportation, by exporting Beaver in this 
Shape, we would humbly recommend, that the Expor- 
tation of Cut-Beaver should be entirely prohibited. 

These Alterations in the duties upon Beaver, con- 
sidered in a Commercial View, are unanimously ap- 
proved by all parties, by whom we have been attended 
upon this Occasion, excepting only with some hesita- 
tion on the part of the Hudsons Bay Company, who, 
having an exclusive possession of a very great part of 
the Beaver Trade, have private Interests, separate 
from, and, there is too much reason to fear, adverse to 



1764] ADMlKlSTEATIOlSr OF GOVERNOR FRA]SrKLIK. 423 

those of the pubhc, the promoting of which has been 
the great Foundation of those Measures your Majesty 
has thought it advisable to pursue in the Regulations 
laid down for encouraging a free and open Trade to all 
your Subjects in America. 

We humbly hope therefore that what we have pro- 
posed will have your Majesty's Approbation; and that 
it will appear to your Majesty to be not only just in its 
general principles, but conducive to the Relief and 
Advantage of the Manufactures of this Kingdom, as 
far as can be reasonably expected or desired, without 
prejudice to the Importers & Exporters of Beaver 
Skins, or the hazard of increasing Smuggling. 

How far it may be proper or expedient, from a Con- 
sideration of the Effect it will have upon the Revenue, 
is a Question not before us; but we humbly apprehend, 
that the Loss, if any, to the Revenue as it now stands, 
by such an Alteration, will be found too inconsidera- 
ble to be put in Opposition to a Measure, so expedient 
in its general principle, and so necessary to the Relief 
of the Manufactures of this Kingdom. 

As to the proposition of taking off the duty upon 
the Importation of Whale Fins, the produce of the 
American Seas, which is the last point proposed at 
present to be submitted to your Majesty's Considera- 
tion, We humbly presume it will appear highly rea- 
sonable and expedient, in a Commercial View, not 
only as it is a Material of Manufacture, for a supply of 
which we do now in great Measure depend upon other 
Nations; but as it will be no inconsiderable Encour- 
agement to the Whale Fishery in general in the 
American Seas. 

This Whale Fishery, which was intirely neglected 
by the french, has been prosecuted with great Spirit 
and Vigour, since Canada has been in your Majesty's 
possession; in so much that great Quantities of Oil 
have last year been exported from this Kingdom to 



424 ADMiNISTBATION OF GOVERNOR FRANKLIN. [1764 

France, which never happened before; and therefore 
we humbly submit to your Majesty, whether a Trade, 
of so much Advantage to these Kingdoms, is not 
deserving of the i^ehef, which the Legislature has in 
its wisdom thought proper to give to the Whale Fishery 
of your Majesty's Subjects in the Greenland Seas; and 
therefore whether it may not be advisable, that the 
duties now paid upon the Fin of Whales, caught in 
American Seas, imported into this Kingdom, should 
be intirely taken off. 

All which is most humbly submitted. 

Hillsborough Ed. Bacon 

SoAME Jenyns Geo: Kice 

Ed. Eliot Orwell 

Bamber Gascoyne. 



Commission of Charles Read as Chief Justice of Neiv 

Jersey. 

[From Book AAA of Commissions, Secretary of State's Oface, Trenton, fol. 389. J 

George the third by the Grace of God of Britain 
France <& Ireland King Defender of the Faith &c. 
To our Trusty & well beloved Charles Bead Esq. 
Greeting we reposing especial Trust & Confidence in 
your Integrity impartiahty, prudence and Ability have 
assigned, Constituted & appointed and we do by these 
Presents assign Constitute and appoint you the said 
Charles Read to be our Chief Justice of and in our 
Province of Nova Ceesarea or New Jersey in America. 
Giving and by these Presents Granting unto you the 
said Charles Read full Power and Authority in our 
Supreme Court of Our said Province to hear, try and 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 425 

determine all Pleas whatsoever, civil Criminal and 
mixed according to the Laws, Statutes & Legal Usages 
of our said Province that are not Repugnant to the 
Laws and Statutes of that part of our Kingdom of 
Great Britain Called England and according to such 
Laws and Statutes of our said Kingdom as now do or 
hereafter shall be made to extend to our Plantations in 
America, and executions of all Judgments given in our 
said Court to Award, and fiom time to time to make 
such Rules and Orders in our said Supreme Court in 
our said Province for the Benefit of the Inhabitants of 
Our said Province as you shall Judge tq be Convenient 
and UsefuU for the more easy speedy and impartial 
Administration of Justice, and the preventing Un- 
reasonable & unnecessary delays and as near as may 
be Agreeable to the Rules and Orders made in the like 
Cases in our Courts of Kings Bench, Common Pleas, 
and Exchequer in Our Kingdom of Great Britain, To 
Have and to Hold and enjoy the said Office and Place 
of Chief Justice of and in our said Province of Nova 
Ceesarea or JVew Jet^sey in America with all and sing- 
ular the Rights, Priveledges, Advantages, Emolu- 
ments, Salarys, profits, fees, and perquisites to the 
said Office & place of Chief Justice belonging or in 
anywise appertaining or that of right ought to belong 
or Appertain to the said Office, as fully and amply as 
any other our Chief Justices of our said Pi'ovince have 
or of right ought to have held & enjoyed the same, to 
you the said Charles Read for and during Our Will 
and Pleasure, In Testimony whereof we have caused 
these Our Letters to be made Patent and the Seal of 
our said Province to be hereunto Affixed Witness Our 
trusty and well beloved William Franklin Esq. our 
Captain General and Governor in Chief in and over 
Our Pro vh ice of Nova Ceesarea or New Jersey and 
territories thereon depending in America Chancellor 
and Vice Admiral in the same &c. at our City of Perth 



436 ADMINISTKATION OF GOVERNOR FRANKLIN. [1764 

Amboy in our Province aforesaid the twentieth day of 
February in the Fourth year of our Reign and in the 
■year of our Lord One thousand seven hundred & Sixty 
Four. 

( Preroga \ Y\T^ FRANKLIN. 

J tive Seal \_ 

1 "' \ 

\ New Jersey ; 

*^ * 

Endorsed : 

Memorandum that on the 21st day of February 1764 
the within named Charles Read Esq. took tlie Oaths 
and made and Subscribed the Declaration appointed by 
Law and an Oath of the due performance of tlie Office 
of Chief Justice of this Province of New Jersey in 
Councill. 

The within Commission (with the above Memoran- 
dum) is Recorded at Perth Amboy in Book C. No. 2 of 
Commissions page 267, 



Letter from Governor Franklin to the Lords of Trade 
informing them of the death of Chief Justice 
Robert Hunter Morris, and of the appointynent of 
Charles Read, Esq., to succeed him; also recom- 
mending Richard Stockton, Esq., to supply the 
vacancij in the Council. 

[From p. R. C, B. T., New Jersey, Vol. 9, K. 40.] 

Burlington, New Jersey Feb^'.^ 28, 1764 

Right Honourable Lords of Trade & Planta- 
tions 
My Lords 

Robert Hunter Morris, Esq!" who acted as Chief 
Justice of this Province, having departed this Life on 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 427 

the 27*'' of last Month,' I did, with the unaDimous 
Advice of the Council, appoint Charles Read Esq •* to 
that Office, during His Majesty's Pleasure. This Gen- 
tleman is one of the Council, and has for a consider- 
able Time acted as one of the Judges of the Supream 
Court, w^ith great Credit to himself. M- Nevill the 
other Judge of that Court, has been long rendered in- 
capable of Business by a Stroke of the Palsy, so that 
M!" Read has been obliged to perform his Duty for him, 
in going the Circuits, &c. As there was an absolute 
Necessity, in order to prevent any Interruption to the 
usual Proceedings of the Courts of Law, that some 
Person should be immediately appointed Chief Justice 
and as M'' Read was so well entitled thereto by his 
Services, I hope his Appointment will meet with your 
Lordships Approbation. He has, I understand, been 
formerly recommended to your Board by Governor 
Barnard, for the obtaining his Majesty's mandamus 
appointing him Chief Justice, and I now recommend 
him to your Lordships as a Person well qualified by 
his Character, Abilities, and Experience for that 
Office. 

In August last I recommended to your Lordships, 
the Appointment of James Parker, Esq" of Perth 
Amboy to be one of His Majesty's Council for this 
Province. And as the Death of M'.' Morris has occa- 
sioned another Vacancy in the Council, I would like- 



' William Smith, the provincial historian of New York, in a letter to Horatio 
Gates, describes the circumstances attending the death of Chief Justice Morris. It 
occurred at Shrewsbury, N. J., where he had a cousin residing, the wife of the 
clergyman of the parish. On the evening of the 27tli of January, 1764, there was a 
dance in the village, at which all the respectable families of the neighborhood were 
present. The Chief Justice led out the clergyman's wife, danced down sis couples, 
and then, without a word, or a groan, or a sigh, fell dead upon the floor. "Unhappy 
New Jersey has lost her best ornament," continues Mr. Smith; "Franklin has put 
Charles Read in liis place upon the bench, and fUled up Read's with one John 
Berrian, a babbling County Surveyor, not fit to be a deputy to any sheriff in Eng- 
land." In 1778 WilUam Smith, who had for a long time v>-avered, espoused the royal 
cause, and in 1783 left the city of New York with the British troops. For his fidelity 
to the crown he was subsequently rewarded with a high judiciary office at Quebec , 



428 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

wise recommend to your Lordships, Richard Stockton, 
Esq^ to succeeed him in that Station. He is a Gentle- 
man of the Law, eminent in his Profession, of un- 
blemished Character, and possessed of a good Estate 
in the Province. His Place of Residence being midway 
between the two Seats of Government, makes it con- 
venient for his Attendance at either. 

I am, with the utmost Respect, My Lords, 
Your Lordships most obedient, & 

most humble Servant 

W" Franklin. 



Letter from Governor Frcmhlin to the Lords of Trade 
relative to raising levies ; also to some acts passed 
by the Assembly, and to Mr. AshftehVs claim to 
precedence in the Council, his mayidamus being 
of a prior date to that of Mr. Ogden. 

[From P. R. O. B. T., New Jersey, Vol. 9, K 41.] 

Burlington March 0, 1704 

Right Honourable the Lords of Trade & Plan- 
tations. 
My Lords 

Agreable to what I wrote to your Lordships on the 
20'." of January, I have had another Meeting with the 
Assembly, on the Subject of the Requisition of His 
Majesty's General. The New England Colonies not 
having come to any Determinations with regard to the 
Measures proposed, though they had been summon'd 
for that Purpose, the Assembly here, in the Bill they 
pass'd for raising Men, restricted the Act from being 
put into Execution, tiU a Majority of the Eastern 
Colonies should comply with what was required of 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 



439 



them. As this was leaving Matters in great Uncer- 
tainty, and the Season for Action approaching fast, T 
rejected their Bill, and urged them strongly to pass a 
nevsr one, Kmiting their Grant to what had been, or 
might be done during the Year, by New York alone. 
After some Struggle they came into my Proposal, and 
the Act was passed accordingly. So that as New York 
has already raised 800 Men, which is half of the De- 
mand made of them, we shall immediately raise 300, 
which is the same Proportion of what was required of 
this Province. And if New York raises more Men, as 
it is thought they will, we shall likewise increase our 
Number. 

As some Men are to be reserved on the Frontiers of 
each Province for their Protection, I proposed to Gen- 
eral Gage the employing the Frontier Guards of this 
and the neighbouring Provinces in making an Irrup- 
tion into the Enemy's Country, so as to create a Diver- 
sion in favom* of the Operations of the Ai-my, In 
answer to which I received a Letter from the General, 
approving of the Proposal, a Copy whereof is enclosed. 
The Want of Union among the Colonies must ever 
occasion Delay in their military Operations. The first 
that happens to be calFd upon postpones coming to any 
Determination tiU ' tis known what the other Colonies 
will do; and each of those others think they have an 
equal Right to act in the same manner. This procrastin- 
atiug Conduct, owing to the Jealousies and Apprehen- 
sions each Colony has lest it should happen to con- 
tribute somewhat more than its Share, is the Reason 
why the American levies are sometimes delay'd till the 
Season for Action is nearly elapsed. And it is so far 
from saving them any Expence in the End, that for 
Want of being timely in their Grants the first Tear, 
they are frequently oblig'd to be at the same Charge 
the Year following. 
Being informed that your Lordships had objected to 



430 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1764 

the Act for settling the Boundary between this Prov- 
ince and New York, on Account of one of the Agents 
being therein styled Earl of Sterling, we have since 
passed another Act for the Purpose not hable to that 
Objection. We knew not here but that his Eight to 
that Title was settled and allowed. 

The other Acts passed at tlie last Sessions were the 
Support Act, an Act for naturalizing some Germans, 
and an Act for draining Meadows. All these are 
according to former Acts of the same kind, and will 
be transmitted to your Lordships as soon as possible. 

Lewis Morris Ashfield, Esq!" one of the Council of 
this Province, has desired me to inform your Lord- 
ships that by Mistake in the King's Instructions to 
me, he is named after David Ogden, Esq' though his 
Mandamus is of a prior Date. Mr Ogden, however, 
says that the Date in his Mandamus has evident Marks 
of being altered after it was granted: That M' Chief 
Justice Morris (who took out both Mandamuses) got 
this Alteration made at the Secretary's Office after it 
was sent there from the Board of Trade, in order to 
give a Preference to his Nephew M"^ Ashfield: But as 
the Alteration was made unknown to the Plantation 
Office, and as M- Ogden has been fu^st named in all the 
Governor's Instructions who have been since appointed, 
he hopes he shall not lose the Eank he has hitherto 
had in the Council. I mention this matter at the Re- 
quest of those Gentlemen, and submit it to your Lord- 
ships Consideration. 

I have the Honour to be, with the greatest Respect, 
My Lords, Your Lordships most obedient, 

and most humble Servant 
Wm. Franklin 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 431 



Letter from Goveryior Franklin to the Earl of Halifax 
— relative to raising troojjs, and enclosing a copy 
of General Gage's Letter of March 2, 1764. 

[From P. R. O., America and West Indies, Vol. 173 (190).l 

Burlington, March 6, 1764 

Right Hon^>^ the Earl of Hahfax. 

My Lord, 

I did myself the Honour of writing to your Lord- 
ship on the 12"' of January, acknowledging the receipt 
of your Lordship's Letter of the 19"' of October. Since 
which I have had a Meeting with the Assembly, and 
prevailed on them to raise a Number of Troops to be 
put under the Command of His Majesty's General, in 
Proportion to what has been, or may be raised by the 
Province of New York during the current Year. That 
Government having already raised 800 Men, which is 
half the Requisition made of them, we shall imme- 
diately raise a Battallion of 300, being half the Num- 
ber required by this Colony. If New York makes an 
Addition to their Forces, which 'tis thought they will, 
ours are to be increased in the same proportion. I en- 
deavoured aU in my Power to prevail on the Assembly 
to grant the whole of the Requisition at first, without 
regard to what might be done by the other Colonies: 
But the utmost that I could obtain of them, was, to 
drop an Act they had passed, restraining their Grant 
till a Majority of the Eastern Colonies should come 
into the Measure, and pass another referring to what 
might be done by New York alone. It seems to be 
the Aim of most of the Colonies on these Occasions 
(lest they might happen to contribute somewhat more 
than they think is their Quota) to postpone coming to 
any Determination, till they can be acquainted with 



432 ADMI^riSTRATION OF GOVERNOR FRANKLIN. [1764 

the Resolutions of the others. This conduct must 
necessarily cause considerable Delays in Military Oper- 
ations, so far as they depend on American Levies. 

By the Care that has been taken in posting Guards 
at proper Stations, and keeping them constantly em- 
ployed in ranging, none of the Inhabitants of this 
Province have abandoned their Settlements, tho' our 
Frontier is become very expensive and exposed, Since 
the back Settlers of New York & Pennsylvania have 
quitted their Habitations. 

I send enclosed, for your Lordships Perusal, a Copy 
of a Letter I have just received from General Gage in 
answer to a Proposal of Mine for employing the Fron- 
tier Guards in making a Diversion, which while the 
Army is marching into the Enemy's Country; As the 
General approves the Plan, I hope to have it soon car- 
ried into Execution. 

I have the Honour to be, with the utmost Respect, 
My Lord, Your Lordship's most obedient, 

and most humble Servant 
Wm. Franklin 



Letter from General Gage to Gov. Franklin, 
relative to military operations, in answer 
to Gov. Franklin's letter of March 6, 1764. 

New York, March 2'! 1764 
His Excellency Gov"". Franklin 

Sir 

By your Favour of 24'" Ulmo. I perceive the Assem- 
bly of New Jersey have come to a Resolution of rais- 
ing a Body of Troops, in Proportion to what has, or 
shall be raised in the Province of New York. Gover- 
nor Golden will have sent you the Certificate required 
by the Act, of the Numbers raised by this Province ; 



1764] ADMINISTEATION OF GOVERNOK FRANKLIN. 433 

which will come more properly from Him than frome 
me ; so that I shall not trouble you with a Duphcate. 

There is the greatest Eeason to beleive that the Set- 
tlements are more infested by the Tribes of Savages 
who are seated at no great Distance from the Fron- 
tiers, than by the more powerful Nations who live at 
a greater Distance : And the Junction you propose of 
the Troops reserved for the Defence of the Frontiers of 
the Provinces, to make an Irruption into the Enemy's 
Country, will be of greater Service, than the Separat- 
ing them along an Extensive Frontier, too weak in 
every Part, either to attack or defend. 

I am quite sensible of the Trouble you have taken, 
and the Zeal you have shewn, throughout this dis- 
agreable Business, for the Good of His Majesty's Ser- 
vice, I have only now to return you my thanks for 
it, and to desire the Companys may be raised & 
cloathed Time enough to proceed to Albany, when the 
Navigation becomes practicable. 
I am, with great Regard, Sir, 

Your most obedient humble Servant 

Tiio^ Gage 



Letter from Governor Franklin to the Lords of Trade, 
transmitting imbJiv papers and informing them of 
a report that the Six Nations of Indians are likely 
to render aid that will end the Indian war for this 
summer. 

[From P. R. O. B. T., New Jersey, Vol. 9, K 44.1 

Burlington, April 2S, 1764 
To the Lords of Trade 

My Lords. 

I had the Honour of writing to your Lordships the 

0"' of last Month, acquainting you with the Transac- 
28 



434 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

tions of the Legislature here, at the Sessions in Febru- 
ary. I now send you the Minutes of Council, the 
printed Journals of the Assembly, & Copies of the 
Laws then passed. By the Privy Council Minutes, 
your Lordships will see the Necessity there was for 
passing the Supply Act in the accustomed Form. In 
pursuance of the said Act I have already sent the Gen- 
eral four Companies of chosen Men well equipped for 
the Service. There is one Company besides now 
stationed on our Frontiei', but liable to the Orders of 
the General. 

If we may depend on the Eeports we have from 
New York, the Six Nations are likely to give such 
Assistance as will be sufficient to put an End to the 
Indian War this Summer. On the 12'!' of last Month, 
I sent your Lordships the Journals and Laws of the 
December Sessions 

I have the Honour to be, with the greatest Respect, 
My Lords, Your Lordships most 

obedient & most humble Servant 
W^.^ Franklin 

P. S. I now likewise send Copies of the Custom 
House Accounts for the Port of Amboy from the Time 
of my Arrival to the 5"' of April 1704 



Ordinance for Holding the Supreme Court for the 
Province of New Jersey.' 

[From Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 393.] 

George the Third by the Grace of God of Great 
Britain France and Ireland King Defender of the Faith 
&c. To all our Loving Subjects Inhabiting and Being 



1 Compare this with the Ordinances of Lord Cornbury and Gov. Robert Hmiter, 
given in Judge Field's "Provincial Courts of New Jersey," pp. 366-83. Also the 
Ordinance of 17:«, lb., 375-9; and the Ordinance of 1735, lb., 387-91.— [W. N.] 



1764] ADMINTISTKATION OF GOVERNOR FRANKLIN. 435 

within our Province of New Jersey, and to all others 
whom it doth or may Concern, Greeting, Whereas it 
has been Eepresented unto Our Trusty and well be- 
loved William Franklin Esq. our Captain General and 
Governor in Chief in and over Our Province of Nova 
Ceesarea or New Jersey and Territories thereon de- 
pending in America Chancellor and Vice Admiral in 
the same &c. that the times appointed by Ordinance 
for holding our Supreme Court have by Experience 
been found to be attended with divers Inconveniences 
to the Inhabitants of our said Province, And Whereas 
Application hath been made to our said Governor and 
Commander in Chief for Eemedy therein and we be- 
ing Desirous that the said Inconveniences should for 
the future be Remedied have thought fit to Ordain, 
and We do hereby Ordain and direct that our Supreme 
Court for our said Province of New Jersey shall begin 
sit and be held at our City of Perth Amboy at the Sev- 
eral times following (to wit) on the second Tuesday in 
April and the third Tuesday in September in Every 
Year ; And also that our said Supreme Court for Our 
said Province of New Jersey shall begin sit and be 
held at our City of Burlington on the first Tuesday in 
November and the second Tuesday in May in Every 
Year ; which said Court shall sit and continue to be 
held on and from Each of the said days on which it is 
to begin, daily and Every dayuntillthe Saturday next 
Immediately following the Tuesday on which it is to 
begin ; when and on which said Saturday Our Jus- 
tices of our said Court for the time being or any of 
them may adjourn Our said Supreme Court until the 
Next Term, unless they our said Justices or any of 
them upon Account of the Multiplicity of Business 
then Depending think it necessary and Expedient to 
Prolong the said Term, in all which Cases we do here- 
by further Ordain and Direct that our said Supreme 
Court shall continue to sit and be h olden from the 



436 ■ ADMINISTEATION OF GOVERNOR FRANKLIN. [1764 

Tuesday (the commencement of the said Term) to the 
Tuesday in the Week thereafter both days inclusive, 
in which Court there shall be two Return Days in each 
of the said Terms or Sittings, to wit on the first Tues- 
day and Thursday following, or on such other day or 
days as the Justices of the said Court for the Time be- 
ing or any of them in their Discretion shall think 
proper and Expedient to appoint. And we do hereby 
fully Authorize and Impower the said Supreme Court 
to have Cognizance of and to hear try and determine 
all Pleas Civil Criminal & Mixed, and all other Actions 
and Suits whatsoever as fully and amply to all In- 
tents and Purposes whatsoever as all or any of our 
Courts of Kings Bench, Common Pleas, or Exchequer 
in that j^art of Our Kingdom of Great Britain Called 
England have or of Right ought to have ; and any 
Person & Persons may Commence and Prosecute any 
Action or Suit in our said Supreme Court, and may by 
Habeas Corpus, Certiorari or any other Legal Writ, 
Remove any Action Suit or Plaint out of any of the 
Respective County Courts, Sessions of the Peace, or 
any other the Inferior Courts depending or to be de- 
pending, and any Judgment thereupon Given or to be 
given in any of the said Courts Provided always that 
the Commencing &, prosecuting any Action Suit or 
plaint in the said Supreme Court, and the Removal of 
any Information or Indictment or any Cause matter 
or thing to be Removed from any of the County Courts, 
Sessions of the Peace and any other of the said In- 
ferior Courts into the said Supreme Court be so Com- 
menced Prosecuted and Removed According to and as 
near as may be Agreeable to the Laws in Force in that 
part of our Kingdom of Great Britain Called England 
and the Laws of our Province of New Jersey not Re- 
pugnant thereto. And We do hereby further Ordain 
and Direct that the Office of the Clerk of the said Su- 
preme Court of Judicature shall be kept by the Secre- 



1704] ADMINISTKATION OF GOVERNOR FRANKLIN. 437 

tary Appointed by his Majesty under the Great Seal of 
Great Britain, or his Sufficient Deputy at Perth Am- 
boy in the Eastern Division, and Burlington in the 
Western Division, and that all Writs & Process of the 
Supreme Court of our Province of New Jersey shall 
Issue out of Either of the said places Indifferently and 
that the Courts of Perth Amboy and Burhngton shaU 
take Cognizance of such Writs & Process according;ly, 
Nevertheless so that all Actions and Causes of Action 
arising in Either the Eastern or Western Division of 
this Province are to be tried in and a Verdict given by 
Jurors of that Division Only in which the Cause of 
Action shall Arise, as near and Agreeable to the laws 
Customs and Usages of our Kingdom of Great Britain 
as may be, and in whichsoever Division the venue is 
laid, there, that is to say in the Secretary's Office in 
Each Division shall the Declaration Pleas, and all 
other pleadings in that Cause be filed. A^id we do 
further Ordain and direct, that our Justices of our Su- 
preme Court for the time being or any of them, shall 
annually and Every Year go into Every County in our 
said Province and there hold a Court for the trial of 
such Causes arising in the Several & Respective 
Countys as are brought to Issue in the said Supreme 
Court, which Causes our said Justices or any of them 
is hereby empowered to hear and try by Jurors of the 
said Countys, and on any Verdict in any of the said 
Countys within our said Province Judgment to give 
at the Supreme Court of Judicature to be holden at 
our City of Perth Amboy for the Eastern Division or 
City of Burlington for the Western Division which 
Courts for the trial of Causes shall beheld in Our Sev- 
eral Countys (except Cape May) for and during a Term 
not Exceeding five days. And We do hereby further 
Ordain and direct that the times & places for holding 
the Yearly Circuit Courts in the several Countys of 
our said Province for the ti'ial of such Causes aforesaid 



438 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

shall be such as are hereafter Mentioned that is to say, 
That the said Circuit Courts for our Countys of Ber- 
gen, Essex, Monmouth, Somerset, Morris, & Sussex, 
shall be held at such times in the Months of September 
and October Yearly, and at Such Places in each of the 
said Eespective Countys as our Justices of our said 
Supreme Courts for the time being or any of them 
shall yearly in the next Preceding Term or any other 
time Appoint for that Purpose and that the said Cir- 
cuit Courts for our Countys of Hunterdon, Gloucester, 
Salem, Cumberland & Cape May, shall be held at such 
times in the Months of April May or June Yearly, and 
at such places in Each of the said Respective Countys 
as our Justices of our said Supreme Court for the time 
being or any of them shall Yearly in the Next Preced- 
ing Term or any other time Appoint for that purpose. 
Provided always, and it is hereby furtiier Ordained 
and directed that the Causes Arising in the County of 
Cape May shall be tried in the County of Cumberland. 
And we do hereby Require and Command our High 
Sheriffs, Justices of the Peace, the mayor and Alder- 
men of any Corporation within our Respective Countys 
of our said Province, and all Officers Magisterial and 
Ministerial within our said Respective Countys to be 
Attending upon our said Justices of our said Supreme 
Court or any of them (going the Circuit) as well at the 
times of their or his Coming into and leaving the said 
Respective Countys as during all their Stay upon their 
Circuit within any of the said Countys on pain of our 
highest Displeasure And of being proceeded against 
According to Law, for their or any of their Neglect or 
Contempt of our Royal Authority & Command hereby 
signified. In Testimony Whereof we have caused the 
Great Seal of our said Province of New Jersey to be 
hereunto Affixed. Witness onv said trusty and Well 
beloved William FrankMn Esqr. our Captain General 
& Governor in Chief in and over our said Province of 



1764] ADMIJSriSTEATION OF GOVEENOR FRANKLIN". 439 

Nova Ceesarea or New Jersey and Territories thereon 
Depending in America Chancellor and Vice Admiral 
in the same &c. at our City of Burlington the Eleventh 
day of May in the fourth Year of our Eeign Annoq. 
Domini One thousand Seven hundred and Sixty four. 

*' ^^ '* 

I Locus Sigil- \ 

] No^f^tes- r Read. 

f area. 1 



Letter from Secretary Halifax to Governor Franklin, 
expressing the King's satisfaction with his zeal in 
protecting the frontier settlements of Neiv Jersey. 

[From P. R. C, America and West Indies, Vol. 190.] 

ST James's 12"' May 1764 
William Franklin Esq^ Governor of New Jersey. 

Sir, 

I have received, and laid before The King, Your 
Letters of tlie 12"' of January, and 0"' of March last: 
And although there is nothing in the Subject Matter 
of them which requires His Majesty's particular Direc- 
tions, I take this Opportunity of giving you the Satis- 
faction to know that His Majesty is well pleased with 
the Zeal and Diligence which you have exerted in pro- 
tecting the Frontier Settlements of Your Government, 
and in prevailing on the Assembly to raise a Part, at 
least, of the Number of Troops required of them for 
the publick Service. 

I am &c* 

Dunk Halifax. 



440 ADMINlSlRAlION OF GOVERNOR FRANKLIN. [1764 



Report from the Lords of Trade to the Lords of the 
Committee of Council, with draft of an instruc- 
tion to the Governor of the American Plantations 
in regard to fees taken in the several offices of 
Government there. 

[From P. R. O. B. T. Plantations General, Vol. 41, Page 403.] 

White Hall May 28, 1TG4 

To the Right Hon^.^*" the Lords of His Majesty's 
most Hon''''' Privy Council for Plantation 
Affairs ; 

My Lords, 

In pursuance of your Lordships Order of the 2 P.' In- 
stant, we have prepared, and herewith beg Leave to 
lay before your Lordships, the draught of an additional 
Instructoin to each of the Governors of His Majesty's 
Colonies and plantations, conformable to what is pro- 
posed in our humble Representation to His Majesty, 
relative to Fees legally estabhshed in each Govern- 
ment; to which we have added a Clause, agreeable to 
your Lordships directions, requiring the said Gover- 
nors to transmit to us exact Copies or Tables of aU 
such Fees. 

We are. My Lords, your Lordships 

most obedient & most humble Servants, 

Hillsborough Ed: Bacon 

Ed: Eliot Geo: Rice 

Bamber Gascoyne. 



Additional Instruction to 

Whereas frequent Complaints have been heretofore 
made, that exorbitant Fees have been demanded and 
taken in the pubhc offices in several of our Colonies 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 441 

and plantations in America for Business transacted in 
such offices; And whereas it hath been represented 
unto us, that there is great Reason to apprehend, that 
such unwarrantable demands and Exactions are still 
continued in some of our Colonies, particularly on the 
Survey and passing patents for Lands; And whereas 
such shameful and iUegal Practices do not only dis- 
honor our Service, but do also operate to the prejudice 
of the pubhc Interests, by obstructing the speedy Set- 
tlement of our Colonies; It is therefore Our Will and 
Pleasure, and you are hereby strictly enjoined and 
required forthwith, upon receiving these our Instruc- 
tions to you, to cause fair Tables of aU Fees legally 
estabhshed within the ^iSf under your Government, 
to be affixed up in every pubhc office within your said 
(3rO Vermont, and also to pubUsh a proclamation in our 
Name,under the Seal of our said ^I's'J.IX, setting forth the 
Complaints and Representations which have been made 
to us in respect to the exorbitant Fees demanded and 
taken in the pubhc Offices of several of our Colonies, 
expressing our just Indignation at such unwarrantable 
and dishonorable practices, and strictly enjoining and 
requiring all pubhc Officers whatever, in their respect- 
ive Stations, not to demand or receive any other Fees 
for pubhc Business transacted in their offices, than 
what have been estabhsh'd by proper Authority, upon 
pain of being removed from their said Offices, and 
prosecuted with the utmost Severity of the Law. And 
it is our further Wih and Pleasure, that you do also 
forthwith transmit to our Commissioners for Trade 
and plantations, in order to be laid before us, an exact 
and authentic List or Table of aU Fees allowed to, or 
taken by each officer respectively within the ^iSf 
under your Government, specifying by what Authority 
the Fees allowed to, or taken by each officer are estab- 
lished, and distinguishing such, if any, as are taken 
without any sach Authority. 



442 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 



Representation of the Lords of Trade to His Majesty, 
proposing Frederick Smyth and James Parker, 
Esqs., Councillors in the room of Robert Hunter 
Morris and Richard Saltar, Esqs., deceased. 

[From P. R. O. B. T. New Jersey, Vol 17, p. 182.] 

Whitehall July 3*? 1764 

To the King's most Excell- Majesty. 

May it lolease Your Majesty, 

Robert Hunter Morris and Richard Saltar Esquires, 
two of Your Majesty's Council in the Province of New- 
Jersey, being deceased, and Frederick Smyth and 
James Parker Esq? having been recommended to us 
as persons every way qualified to serve Your Majesty 
in that Station, we beg leave humbly to jDropose to 
Your Majesty, that they may be appointed of Your 
Majesty's Council in the said Province in the Room of 
the said Robert Hunter Morris, and Richard Salter 
Esq? deceased. 

Which is most humbly submitted. 

Hillsborough. E? Bacon. 

Geo: Rice. Bamber Gascoyne. 

T. Dyson. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 443 



Representation of the Lords of Trade to His Majesty, 
proposing the repeal of an act, passed in Septem- 
ber, 1762, for rendering void the lottery lately 
made by Peter Gordon, etc. 

[From P. R. O. B. T. New Jersey, Vol. 17, p. 183.] 

White Hall July 5. 1764 
To the King's most Excellent Majesty. 

May it please Your Majesty, 

We have had under our Consideration an Act passed 
in Your Majesty's Province in New Jersey in Septem- 
ber 1762, intituled, 

" An Act foi' rendering void the Lottery lately made 
"by Peter Gordon for the sale of certain lands lying 
"in the County of Middlesex, and to reUeve and to 
"secure the Trustees and Managers of the said Lottery 
"against any Action that is or may be brought 
' ' against them concerning the same. " 

We have also consulted Sir Matthew Lamb, one of 
Your Majesty's Counsel at Law, who has reported to 
us, that it appears to relate to a private Transaction, 
in which the Legislature of this Province has no Con- 
cern, nor ought in that Capacity to have interfered by 
any Act of Assembly in relation to it;— That if Peter 
Gordon and the Managers appointed by him to conduct 
the Lottery, have either by Fraud or Mistake done 
anything to the prejudice and loss of the Adventurers, 
they must justify themselves, or be made accountable 
for the same in a legal Course, and the Adventurers 
ought to be left at Liberty to make use of such Eeme- 
dies for their Redress as they are legally intituled to, 
without being debarred in their proceedings by any 
legislative Act in Favor of the Managers:— And that 



444 ADMIJN'ISTRATION OF GOVERNOR FRAKKLIN. [1764 

he is of opininion for these reasons, that this Act 
should not be confu*med. And as we concur in Opinion 
with Sir Matthew Lamb, we beg leave humbly to pro- 
pose to Your Majesty, that the said Law should receive 
Your Majesty's Royal Disallowance. 

Which is most humbly submitted. 

Hillsborough. Ed. Bacon. 

Bamber Gascoyne. J. Dyson. 



Letter from the Lords of Trade to Governor Franklin, 
approving his conduct, recommending James Par- 
ker and Frederick Smyth to he of the Council of 
New Jersey, and the latter Chief-Justice — no objec- 
tion to imposing a duty upon the importation of 
Negroes — Mr. Ogden and Mr. Ashfield. 

[From p. R. O. B. T., New Jersey, Vol. 17, p. 185.] 

White Hall, July 13, 1764. 
To William Franklin Esq'" Governor of New 

Jersey. 

Sir, 

As most of the Letters which we have lately receiv'd 
from You, and which contain anything material, do 
relate either to your proceedings with the Assembly 
upon the requisition made by the Commander in Chief 
of His Majesty's Forces for further aid for repelling 
the Incursions of the Indians, or to the orders which 
have been given for the due execution of the Law that 
lays a duty upon the Importation of foreign Eum, 
Sugar and Melasses, the Directions which we have to 
give you by this Packet lye within a narrow Compass. 

We observe with Satisfaction the endeavours you 
us'd to check the Assembly in their unconstitutional 
Method of providing those Services, which the Exigen- 



445 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 

cy of the times demanded; but as they have not 
thought fit to alter that method, and to make their 
proceedings correspond with the principles of the British 
Constitution, it must remain for His Majesty to take 
such measures, as shall appear to be necessary m a 
matter of so much importance to the due dependence 
of the Colonies upon the just Authority of the Crown. 
It is not only in the Laws for providing for tem.- 
porary Services, that they appear to deviate from the 
principles and practice established in this Kingdom; 
the annual Act for the Support of Government is 
equally exceptionable in many parts, for we observe, 
that the Salaries are payable to the Officers by name, 
and not for the time being, which has a direct Tendency 
to estabUsh in the Assembly a Negative in the nomin- 
ation of those Officers, and that the said Act does of 
itself create appointments of Officers, that ought to be 
appointed by Commission from the Governor. 

We further observe, that, in the Clause appointing 
an Agent, he is styl'd Agent for the Province at the 
Court of Great Britain,' which appears to us to be a 



1 The Proprietaries had generally maintained an agent at London, to look after 
their interests before the Lords of Trade and the Parliament iB the selection of 
Governors and the regulations concerning revenue, etc Ferdinand John Pans 
acted as such for thirty years or more, prior to 1750.-N J ^-'"^7' ^J; .^'^ ' 
note In 1731 the Assembly concluded to appoint an agent to attend to the mter - 
ests of the people. Mr. Paris was a candidate, but Richard Partridge a Quaker of 
fair business habits but httle force of character, was selected, and held the position 
for thirty years. Governor Morris was suspicious that he was more on the alert 
for the concerns of the Assembly and the people than for the interests of the Gov- 
ernor and Council-Papers of Leiois Morris,46, 220; N. J. Archives, Y., 2m, 303. 
As Mr Partridge was a brother-in-law of Governor Belcher (the latter having mar- 
ried his sister, Mary, daughter of Lieut.-Governor William Partridge of Massachu- 
setts), it was natural to suppose that he would now favor the royal prerogatives, 
especially as he was assumed to have had much to do with the appointment of the 
Governor -Haf field's Elizabeth-Totvn, 377; Morris Papers, 46, note. On his death, 
in 1761. Joseph Sherwood was appointed agent.-J6. In 1763 the Province was rep- 
resented in London by Andrew Drummond & Co., Henry Drummond being the 
active manager-Pen». Col. Records, IX., 47, 50. As the interests of the ColomBS 
and of the mother country were now becoming so diverse, the British Ministry dis- 
liked to have any interference m London with their administration of Amencan 
affairs. In Massuchusetts, the Governor refused to pay the agents appointed by 
the Assembly to represent the people at the com-t of Great Britain, assummg that 
the popular branch had no right to be thus represented by its own agent.-ITorfcs 
of John Adams, IV., 70.-[W. N.] 



446 ADMilSrTSTBATlON OF GOVERNOR FRANKLIST. [1764 

ridiculous Affectation in the Assembly to cloath an 
Officer, who is merely an Attorney to transact their 
Affairs, independent of the general Interests of the 
Colony, with a Character that belongs only to the 
Minister of a Foreign Prince. 

We have considered the State of the Council, and 
observing that there are two vacancies, we have recom- 
mended James Parker Esq" and Frederick Smyth Esq!", 
— whom His Majesty has appointed to be Chief Justice 
of the Province, to supply these Vacancies. 

In Considering the Laws of New Jersey passed in 
1702 & 1763, we have been under the necessity of pro- 
posing the repeal an Act • * * * for rendering void 
the Lottery lately made by Peter Gordon for the sale 
of certain Lands lying in the County of ]\Iiddlesex; 
which leads us to take notice of the Practice, which 
has too much prevail'd in the Colony of New Jersey, 
of passing Laws to empower persons to set up private 
Lotteries. 

The establishing Lotteries for raising money for 
pubUc Services is of very doubtfull policy, and is a 
measure seldom adopted except in Cases of public 

' James Parker, son of John Parker, of Perth Amboy, was born 1735. He was 
Captain of one of the six companies that went from that town to Canada in the 
campaign of 1746. He subsequently traded to the West Indies for some years. In 
1771 he was Mayor of Perth Amboy.- WhitheeacVs Perth Amboy, 133-4. That town 
chose him one of its Committee of Correspondence in 1775, and also elected him to 
the Provincial Congress. He did not attend, and for tlie salce of peace removed to 
Himterdon Coimty. Refusing upon summons of the Committee of Safety to take 
the oath of abjuration and allegiance, he was, August 20, 1777, ordered to be con 
fined as " a person disaffected to the State," but the next day was released on giv- 
ing security to " i-emain at or within a mile of the Court House at Morristown." In 
November, 1777, lie was ordered to be committed to the common jail at Morristown 
as a hostage for the better treatment of John Fell, member of Congress from New 
Jersey, who was then a prisoner in New York, treated with great severity. Owing 
to Mr. Parker's iU health he was not actually confined in jail, but in " a private room 
nearest the Coiu-t House," and on the last day of the year was permitted to go home, 
on paxole. —Mimdes of Provincial Congress, etc., 1775-6, 56, 57, 58, 103, 323; Minutes 
of Council of Safety, 1777, 98, 116, 117, 121, 122, 140, 161-3-3-4, 173, 183. Nothwithstand- 
ing his neutrality during the war, he stood so well with his neighbors that he was 
warmly urged to be a candidate for Congress in 1789. He died October 4, 1797, aged 
72, and lies buried in St. Peter's church yard, at Perth Amboy. He was the father 
of James Parker, the second President of the New Jersey Historical Society, 1865-8, 
and who filled a large place in the history of his State for three-quarters of a cen- 
tury.— M'/u'te/ieod's Perth Amboy, 134-6.— [W. N.] 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 447 

Exigency ; but it does in no degree warrant the encour- 
aging private Lotteries, which we conceive may be 
open to the greatest Fraud and Abuse. 

As we have no particular Objection to the Policy of 
imposing a reasonable duty upon the importation of 
Negroes, we should have been glad to have laid the 
Law passed for that purpose before His Majesty for 
his approbation; but as the Duty is laid payable by the 
Importer, and a part of it is reserved in Case of re- 
exportation, it appears to us to be contrary in both 
these respects to the 26*?* Article of Your Instructions. 

The first Article of His Majesty's Instructions to You 
appears to us to be to all Intents & Purposes a new 
appointment of the Council; and as M^ Ogden is in that 
article named before M'' Ashfield it decides the prece- 
dence in his favour. 

So we bid You heartily farewell, and are &c'^ 

Hillsborough Geo: Price. 

Bamber Gascoyne. T. Dyson. 



List of Commissioners named by Mr. Wilmot on the 
part of New Jersey, for running the boundaries 
between the provinces of New Jersey and New 
York in America. 

[From P. R. O., B. T., New Jersey, Vol. 9, K. 47.] 

July 20. 1764 

1. Governor Franklin, or the Commander in Chief 
for the Time being. 

2. Andrew Oliver, Secretary of Massachuset's Bay. 

3. Peter Randolph, Surveyor General of the Customs 
of the Southern District. 

4. Payton Randolph, Attorney General of Virginia 
and one of the Council 

5. Richard Corbin, One of the Council of Virginia 

Hen J Wilmot 



448 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 



Circular letter from, the Earl of Halifax to the Gov- 
ernors in North America, iuforming them that the 
House of Commons had resolved to charge certain 
stamp duties in the colonies and plantations. 

[From New York Colonial Documents, Vol VIT, p. 646.] 

St James's 11, August. 1764 

The house of Commons having in the last Session of 
ParHament, come to a resolution by vv^hich it is declared 
that, towards defraying the necessary expences of de- 
fending, protecting and Securing the British Colonies 
& Plantations in America, it may be proper to charge 
certain Stamp duties; it is His Majesty's Pleasure, that 
you should transmit to me, without delay, a list of all 
instruments made use of in public transactions, law 
proceedings. Grants, Conveyances, Securities of Land 
or money vdthin your Govern* with proper and Suffi- 
cient descriptions of the Same, in order, that if Parlia- 
ment should think proper to pursue the intention of 
the aforesaid resolution, they may thereby be enabled 
to carry it into execution, in the most effectual and 
least burthensome manner. 

If you should be unable of yourself to prepare a list 
of this kind with sufficient accuracy you will in such 
case require the assistance of His Majesty's Attorney 
General, or the principal Law Officer of the Crown 
within your Govern', who are the proper persons to be 
consulted, towards procuring the said information in 
the manner required. 

I am ettc 

Dunk Halifax 



17G4] ADMINISTRATION OF GOVERNOR FRANKLIN. 449 



Letter from Robert Ogdeu to Courtlandt Skinner, en- 
closing a copy of resolutions received from the 
Committee of Correspo)idence of Massachusetts 
Assembly, and advising that all the Colonies 
should unite and exert themselves to keep off the 
threatened blow of imposing taxes, duties, etc. 

[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. I, No. 57.] 

Eliz. Town 24 August 1YG4 
C. Skinner, Esq.^ 

Sir 

The enclosed is a copy of Mrhat I ReC' from the Gen'" 
appointed as a Committee by the House of Represent- 
atives of the Colony of the Massachusets Bay, which I 
now send for youi' Perusal & advice ; the affair is 
Serious & Greatly Concerns all the Colonies to unite 
& Exert themselves to the utmost to Keep of the 




was] the oldest son of the 
Rev. William Skinner, origi- 
nally a MacGregor, the first 
rector of St. Peter's (Jhm-ch in Perth Amboy. He was educated for tlie bar, 
studying the profession in the office of David Ogden, an old and distinguished 
practitioner at Newark, where Mr. Skinner also was established for some 
time after his admission to practice. In 1752 he married Elizabeth, daughter of 
Philip Kearny, of Perth Amboy, and shortly after took up his residence perma- 
nently at that place. He became eminent in his profession, his natm-al abilities 
being good and his oratorical powers considerably above mediocrity. He held the 
position of Attorney-General imtil the Revolution put an end to the authority 
whence it was derived. In 1701 he was elected to the Provincial Assembly as a 
representative from his native city, and continued to be a prominent member of 
that body while it existed, being elected Speaker in 1765. During the early days of 
the struggle for independence, Mr. Skinner, like many others who in the end con- 
nected themselves with the royal cause, was' strongly opposed to the encroach- 
ments of the British Ministry, and he was elected Speaker in place of Robert 
Ogden, whose coiu-se had been displeasing to his constituents from that cause. All 

29 



450 ADMINISTRATION OF GOVERNOR FRANKLIN. [1704 

Threatening blow, of Imposing Taxes Duties &c. so 
Distructive to the Libertys the Colonies hitherto en- 
joyed. As Similar Letters have been sent from Bos- 
ton to all the Colonies, and in Consequence of which 
the Lieut. Gov"" of New York has Call'" His Assembly 
togetlier to Give them an Opportunity to send Home 
their Representatives, therefore If you think it of Im- 
portance Beg you would Loose no Time in Consulting 
M"^ Nevill & Mr. Johnston on the Subject and write to 
His Excellency & Desire him to Give us a Meeting as 
Early in September as Possible & perhaps at same 
time we shall agree to pass a Bill for Striking as 
much money as the Loan will be Sufficient to Erect 
Public Buildings for the Government, which Law 



his influence, which was very considerable, was exerted to bring about a restora- 
tion of the harmonious relations which had previously existed. Such continued to 
be his position until the first blood was shed at Lexington. That event, of course, 
caused a change in Mr. Skinner's sentiments. But the only instance discovered of 
his incurring the displeasure of the numerous committees of observation by which 
he was surrounded, consisted in his being found guilty by the Committee of Morris 
County, on September 28th, 1775, of having " spoken disrespectfully of the Conti- 
nental Congress, reproaching the minute men, and charging them and tiie county 
with protecting a supposed criminal from justice." Although to this charge he 
made such explanations as were deemed satisfactory by the Committee, he was 
obliged soon after to regard his personal safety, by taking refuge beneath the 
English flag. He was received as an efficient and active auxiliary, and he was soon 
after appointed a Bridagier-General by General Howe, with authority to raise five 
battalions from among the disaffected in New Jersey. His headquarters were on 
Staten Island, and although unable to induce many to join his standard, yet he had 
friends among the Provincials, wlio, when his personal safety was concerned, were 
ready to give him intelligence of the movements of the Colonial forces. After 
some time the General took a house at Jamaica, Long Island, and gathered his 
family again within it, giving them as much of his time as his official duties would 
permit. After the Revolution, General Skinner went to England with his family, 
and received from the Government compensation for his forfeited estate and the 
half-pay of a Brigadier-General during his life. He died March 15th, 1799, aged 71 
years, and a tablet to his memory may be seen at St. Augustine's Church, Bristol. 
His wife survived him, after a union of forty-seven years, and continued to reside 
among her children in England and Ireland until her death. General Skinner had 
thirteen children, most of whom survived him. One of his daughters (Maria) mar- 
ried in 1797 Captain (afterward General) Sir George Nugent, G. C. B., D. C. L., and 
accompanied her husband both to theJEast and West Indies, whither he was sent 
by his govemnieut to discharge important trusts ; and two diaries kept by her, one 
for each c^ountry, have been printed for private distribution since her death. They 
each consist of two volumes octavo, and are very interesting. Lady Nugent died 
in 1834. She left two sons and two daughters.— OrtV/Zna^ Letters in the Possession 
of the Editor ; Contributions to the Sarly Histori/ of Perth Amboy. — Ed. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 451 

must if Ever be passed before the 29 of Sep-, as that is 
the Limitation in the GoV Instructions, So that no 
Time is to be lost. Excuse Haste & beheve rae to be 

D S' Yours Sincerely 

David Ogden." 



Letter from Joseph Sackett, Jr., to Cortlandt Skinner 
in relation to the title to the common lands belong- 
ing to the Island of Sekakus, in Bergen County, 
in the possession of Edward Earle. 

[From Skinner Papers among Manuscripts of W. A. Whitehearl, Vol. I, No. 59.] 

New York 13 Sep^' 1704 

Cortlandt Skinner, Esq. 

Sir 

Please to be prepared for the Commissioners, tis 
the last time of Asking with us, and now^ is the time 
to be in Eeadiness. Mr. Bayard has given in to the 
Commissioners what his Attornies had to say in favour 
of his Claim. And the matter they Chiefly insist upon 
is, that the words in the Articles of Agreement, with 
such further rights and Interest &c., mean no more 
than the Meadows, Creeks, Swamps &c, and not the 
Common Lands, as the last Grant to Earle has no Such 



' Mr. Ogden was delegate from New Jersey to the Congress which met in New 
York, October 7, 1765, and shared with Mr. Ruggles, of Massachusetts, the unenvia- 
ble distinction of having dissented from the action of Congress, and withdrew from 
its deliberations. Being Speaker of the New Jersey Assembly, a meeting of that 
body was called at his request, on the 27th of November; and the next day he 
resigned that position, and his seat as a member from Essex County, and an indi- 
rect censure was passed upon him by resolutions thanking his associates in the 
Congress for the " faithful and judicious discharge of the trust reposed in them."— 
Anal. Index to Col. Docta. of N. J. 



452 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

terms, but (as they say) limits it to Sekakus' itself by 
referring to Carterets Grant in 16GT. But Earle took 
possession by Virtue of tiie Articles of Agreement, 
and the last Grant (in my Opinion) seems to have been 
given merely as an acknowledgment of having re- 
ceived the particulars (Consideration) mentioned in 
the Articles of Agreement. The last Grant is by no 
means so full as the first. I think referring to Car- 
terets Grant 1607 cannot make against us in the least, 
for tis Common in Grants to refer to others as a proof 
of the Title. In the first Article of Sale to Earle please 
to Observe these words, Containing in Length & 
Breadth According to the patents from Governour 
Stuy vesant and Govrn'' Phillip Carteret, which I think 
Convey all that they were in Possession of by Virtue 
of those recited Grants so that the words with such 
further Eights and Interest, as the Same Island hath 
been possessed by the said Executors and the afore- 
said Bayard, Immediately following must aim at 
Something which they had a right to by Virtue of 
Some other Grant, but if Such Expressive Language 
had not been in this Conveyance, the Commons un- 
doubtedly must pass, where no reservation is men- 
tioned: the Intention of the parties should be regarded, 
and we have proved to the Commission that the pres- 
ent Mr. Bayard's forefathers were so far from Claim- 
ing, that frequent Endeavours were made to purchase 
(of Mr. Pinhorn) a right in the Commons belonging to 
Sekakus. The Commons of Bergen were Granted as 
a lasting General Benefit to the Inhabitants; tis one of 
the Several Privileges, and (in my opinion) whosoever 
is entitled to the others, must be with Equal propriety 

' For a history of the Patent of Secaueus, see " History of the Land Titles in 
Hudson Uounty, N. J.," by Charles H. Winfield, New York, 1872, 130-1, 300, 304. 
The Secaueus Commons were divided by Commissioners appointed by the Legisla 
ture for the purpose, by act of August 26, 1764. Their fleld-booli is given by Mr. 
Winfield in tlie worlc quoted, 291-309. See also the entries, post, under dates of 
October 2, 10, 13, 1764.— [W. N.J 



1764] ADMINISTEATION OF GOVERNOR FRAIfKLIN. 453 

to this. The Plantation on Sekakus now in the pos- 
session of Mr. Earle does not belong to Mr. Bayard, 
Consequently the Commons (for there has been no 
reserve thereof) cannot be the property of Mr. Bayard, 
for it is Expressly Ordered by Charter, that when the 
Major Part of the freeholders shou'" agree to a division 
that it shou''' be to Every one according to his allot- 
ment and Estate. I must again Beg you will (soon as 
possible without hurry) prepare (as your opinion) what 
you can offer for us. Indeed I believe we shou''' get 
the Commons without Offering any thing to the Com- 
missioners, but we will leave nothing undone, least we 
may have Eeason hereafter to accuse ourselves of 
neglect. 

I am Sir your Most Obed*^ 
Jos. Sackett, Jun. 



Letter from Governor FranTclin to the Earl of Halifax 
exprefising his thanks for the honor of his Lord- 
ship^s letter, and his earnest desire to merit the 
continuance of the King'^s approbation. 

[From America and West Indies Vol : 1T2 (190).] 

Burlington Sepf^ 21, 1704 

The Right Honourable Earl of Halifax 

My Lord 

I cannot enough thank your Lordship for the 
Honour you did me, by your Letter of the 12'-' of May, 
in signifying His Majesty's gracious Appiobation of 
my Conduct at a Time when no particular Business 
required your Lordship's writing. As nothing could be 
more obligingly condescending in your Lordship, so 
nothing could afford me more Satisfaction. It is my 



454 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

highest Ambition, & shall be my constant Endeavour, 
to merit a Continuance of the Approbation of His 
Majesty & his Ministers. 

I shall not fail making all possible Enquiry concern- 
ing the Pirates mentioned in your Lordships Letter of 
the 14**" of July, which I have this Day had the Honour 
of receiving. 

Nothing has lately occurred in this Province of 
sufficient Consequence to mention to your Lordship. 
I have the Honour to be, with the utmost Respect. 
My Lord, Your Lordship's most obedient 
& most humble Servant 

W? Franklin 



Opinion of Wm. Samuel Johnson as to flte oivnersTdp 
of the common lands set off to the island Sekakus, 
in. Bergen County, then in the possession of Ed- 
ward Earle. 

[From Skinner Papers among the manuscripts of W. A. Whitehead, 
Volume I, No. 60. | 

4 Geo. 3*^ By act of the Gov'", Council and General 
Assembly of the province of New Jersey Commiss" 
are appointed to make partition of the Common Lands 
of the Township of Bergen, agreable to the Rule given 
in s"^ Charter, oi- as the said Magistrates shou''' have 
done. 

Quest'. Did the Right of Common belonging to 
Sikakus pass to Earle by the Grant in l()7;i) from Bay- 
ard and the Execu" of Verlet, or not ? Shall the Instru- 
ment afterwards by the same grantors executed in 1676 
from its reference to Carteret's of 3o"' of Oct- 1667 be 
understood as limiting or explanatory of the former 
Grant ? or ought the first grant to be construed by it 
at all ? And to whom ought the Common Lands be- 



1764] ADMINISTRATION OF GOVEENOK FRANKLIN. 455 

longing to Sikakus to be aparted, to the heirs of Bayard 
& Verlet, the original Patentees, or to their assignees, 
the s'' Earl his heirs or Assignees ? 

AnswT The freeholders of Bergen being incorporated 
by Gov'' Carteret's Charter in 1668, which also grants 
the s'' Common Lands I conceive, Ihey took the s'' 
Common Lauds in their Corporate Capacity, and that 
the Estate Vested not in the Individuals but in the 
Corporation to be by them held for the Common use 
of the Inhabitants of the Town possessing the patented 
Lands, but with this Limitation that the same when 
divided shou'd be appointed to and among the free- 
holders according to their allotments & Estates to be 
by them then held in severalty proportioned to their 
several located Lands, the Commission'".^ I apprehend 
therefore in order to the makeing partition pursuant 
to the s'^ Act have no occasion to Examine the mean 
Conveyances of the s'^ patended Lands any further 
than to determine in whom the Lands located at the 
Date of s'' Charter are now Vested Viz at the time 
of makeing Partition it not having been I apprehend 
necessary to uso any words in such Conveyances ex- 
pressive of the Sale or Transfer of the Right of Com- 
mon, but whoever the Commissioners find the patented 
Lands belong to by whatever Terms or Description 
Conveyed to them the Commons ought to be divided, 
the Estate or Right in the Commons being in the Cor- 
poration, cou'd not be transferred by the Individuals 
had the Freeholders in their Conveyances made use of 
the most expressive Terms for that purpose, and they 
are to be divided by the Tenants in possession of the par- 
ticular Farms not as having been by them purchased of 
their Several Grantors, but by force only of Limitation 
or Restriction Contained in the Charter whenever the 
Commons shou'd be aparted they shou'^ be divided to 
the freeholders according to their Allotme]its & Estates 
whoever therefore now owns a freehold in Bergen the 



45G ADMINISTKATION OF GOVEElSrOR FRANKLIN. [1764 

he is not strictly speaking seized of the Commons Yet 
since they are now to be divided he has by the Charter 
a Right to have a portion of those Lands Divided to 
him according to his freehold allotment and Estate, 
the present Proprietor of Sikakus, I conceive there- 
fore is intitled to the proportion of Commons which 
must be aparted to that Freehold, and it onght to be 
sett out to him. 

But admitting the S'^ Corporation did not take the 
S'' Common Lands as a Body but that the Same were 
in Some Sort Vested in the Individuals Pi'oprietors of 
the Located Lands as an appendage or appurtenant 
thereto, I am further of opinion (on that Supposition) 
that the S'^ Right in Commons did pass by the Convey- 
ances from Bayard and Verlet's Execu'* to Earle, and 
well Vested in him, the Grant in 1673 having given a 
Compleat Discription of Sikakus Transfers the same 
with such further Right and Interest as the S' Island 
hath been Possessed by the S'' Executors and the 
afores'' Bayard, which words are Sufficiently Compre- 
hensive to include such Right in Commons and must 
be construed most beneficially for the Grantee, and in- 
deed seem to have been inserted as particularly ex- 
pressive of the Intent of the Parties to Transfer that 
Right whatever it was. Nov ought tbe S'' words I 
conceive to be Understood as meaning only the 
Meadows Creei?:s &c (as some may perhaps at first 
View imagine) because the Meadow thereunto belong- 
ing and all the appurtenances of Sikakus in their full 
extent according to the Patents from Gov' Stuy vesant 
and Gov' Carteret are mention ed before in the Same 
Grant, the antecedent particular descriiDtion of Sikakus 
therefore including the Meadows Creeks &c. The S'' 
latter general Words, transferring a farther Right & 
Interest may not be Construed to relate thereto but 
can be answered only by the Rights Privileges and 



1764] ADMINISTRATION OF GOVEENOR FRANKLIN. 457 

Immunities granted by the Charter of Bergen, among 
which expressly were the Commons. 

The Right in Common being so fully convey'd by the 
Grant of 16Y3 Earle thereby became Seized, and the 
Estate so vested cou'' not by any means I conceive be 
divested by his accepting the Second Grant in 1676 
(referring to Carteret's Patent) which seems to be only 
a Confirmation of the former Grant or an acknowledg- 
ment of having recev"* the Consideration Money by the 
former Instrument agreed to be paid and to refer to 
Gov' Carteret's Patent only for a more particular de- 
scription of Sikakus the principal Estate convey"', but 
cannot be considered as limiting or restraining the for- 
mer Grant (which cannot be the effect of a confirma- 
tion but rather as ratifying all that had been before 
Granted. Farther the Right in Common being by the 
Charter in Some Sort annexed to and belonging as 
appendant, or appurtenant to the located Freeholds, 
the same may with propriety be conceived as in Effect, 
parcel of them ; and as such won"' pass even by the 
Grant (in 1676) of Sikakus with its appurtenances 
without express words relating to the Commons as 
being incident to it, and from the Nature of the Es- 
tate, invariably to go with, and belong to it. In either 
View of the matter I am of Opinion that the Propor- 
tion of Common Lands Sett out to Sikakus ought to 
be Divided to Earle, who I am advised is now in Pos- 
session of that Plantation. 

W". Sam"- Johnson 
Stratford October 2'! 1764. 



458 ADMINISTRATION OF GOVERNOli FRANKLIN. [1764 



Letter from Governor FranMin to the Lords of Trade, 
in answer to their Lordship's Letter of the Vdth of 
Jtdy last, relative to the Assembly, the agent, and 
two acts passed in that Proviyice. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 55.] 

Burlington, New Jersey, Oct' 4, 1764. 

Eight Honourable the Lords of Trade and 
Plantations 

My Lords 

It gives me the greatest Pleasure to observe by your 
Lordship's Letter of the 13"' of July, with which I am 
just honoured, that my Endeavours to check the As- 
sembly in their unconstitutional Method of providing 
for the publick Services, have met with your Approba- 
tion. Your Lordships may rely that I shall omit no 
Opportunity of bringing them to make their Proceed- 
ings correspond as nearly to the Principles of the 
British Constitution as the Circumstances of a Colony 
will admit. 

I observe what your Lordships mention with regard 
to the Title given to the Agent, and shall try and have 
that Matter altered in the next Support Act. 

The Act concerning Peter Gordon's Lottery, which 
your Lordships have proposed to be repealed, was 
passed before my Administration; nor have I passed 
any Law relative to Lotteries, my Sentiments in that 
respect being entirely conformable to those of your 
Lordships. 

The Law for imposing a Duty on the Importation of 
Negroes, which your Lordships have thought proper 



1764] ADMINISTRATION OF GOVERKOR FRAKKLIN. 459 

to disapprove, as being contrary to the 2<)th Article of 
my Instructions, was not passed by me, but by Gov"" 
Hardy, as was the Lottery Act before mentioned, 
I have the Honour to be, with the greatest Respect, 
My Lords, Your Lordships most 

obedient humble Servant 
Wf Franklin 

P. S. I lately sent to your Lordships The State of 
the Paper Currency of this Province The List of Fees 
taken by aU the Officers in the Government Remarks 
on the Plan for regulating the Indian Trade — And the 
Custom House Accounts. 



Letter from GoveTUor FranMiii to the Lords of Trade, 
relating to a complaint made by Captain Kennedy 
against an act making p>artitio)i of the common 
lands of Bergen and enclosures. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 56.1 

Burlington Oct- lu, 17(54. 

Right Honourable the Lords for Trade and 

Plantations. 
My I^ords 

Being well assured that Capt Archibald Kennedy of 
New York, has exhibited a Complaint to the Right 
Honourable the Earl of Halifax, and others of His 
Majesty's Ministers, against an Act passed by the Leg- 
islature of this Province, for making a Partition of the 
Common Lands of Bergen, I think it my Duty to 
transmit to your Lordships a Copy of the Letters I 
have wrote to my Lord Halifax on the Occasion, to- 
gether with Copies of sundry Papers referr'd to there- 
in, that your Lordships may be the better enabled to 



460 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1764 

judge on the Merits of Capt. Kennedy's Complaint.' I 
some time since transmitted to your Lordships the 
said Act : & as Capt. Kennedy (though he was at first 
solicitous to obtain the Act, & acquiesc'd under it) 
does now, I am told, contend that it ought to have 
been considered as a private Act^ & pass'd with a sus- 
pending Clause, I should be glad to be favoured with 
your Lordships Opinion on that Point. Your Lord- 
ships will see upon perusing the 5*'' Article of the State 
of Facts relative to Capt. Kennedifs Complaint 
against the Bergen Act, sent herewith, that such Acts 
have never been considered in that Light in America, 
& that many ill Consequences might ensue should the 
Practice be otherwise. But, however, should your 
Lordships be of Opinion that such Acts ought really 
to be deem'd private Acts, & the King's Instructions 
respecting such Acts be literally comply'd with, I shall 

' Archibald Kennedy was the sod of a proDiinent citizen of New York — Ai'chi- 
baid Kennedy, a lawyer, Receiver-General of the Province, 1782-54; member of the 
Council, 1739; President of that body in 1757; Collector of New York in 1758, etc.— 
N. Y. Hist. MSS., II., 475, 539, 016, 678, etc. In 1724 he acquired three hundred and 
eighty -three acres of land at Bergen, being jjart of what was formerly called the 
West India Company's farm. Dying June 14, 1763, he left two-thirds of the farm 
to his son, Archibald, and one-third to his daughter, Catharine, who, in 1765, sold 
her interest to her brother. The property was in litigation until 1804, when a com- 
promise was effected.— TFm^W.s Land Titles of Hudson County, 134; Winfield's 
Hist. Hudson County. 303-14. The yoimger Archibald Kennedy married Catharine, 
only daughter of Col. Peter Schuyler, of Petersborough, opposite Newark, on the 
banks of the Passaic, and lived there for some years. By her he acquired large 
estates in New Jersey and New York. In 1769 he married Anne, daughter of John 
Watts, of New York, who was also verj' wealthy. He became a Captain in the 
royal navy in 1757, and won much distinction in the service by his gallantry. In 
1765 he refused to take on board his frigate, then at New York, a quantity of 
stamped paper, as the mob threatened to destroy his many liouses in the city. 
For this he was superceded.— iV. Y. Col. Docts., VII., 792, 821. Being suspected of 
sympathy with the British cause he was arrested on the order of the Council of 
Safety in 1778, and ordered to remove to Sussex, but was subsequently permitted to 
resume his residence at Petersborough. In 1792 he succeeded his great-grand- 
father as eleventh Earl of Cassillis, Scotland, and his oldest son became twelfth 
earl, and Marquis of Ailsa. He died December 29, 1794. His New York residence, 
No. 1 Broadway, was one of the most noted in that city for its historic associa- 
tions.— ir/ji/ieZd's Hudson County, 312-13; Mrs. Lamb's Hist. N. Y., 655, 071: Old 
Neiv York, by Dr. J. W. Francis, 1858, 15: N. Y. Col. Docts., VH., 822. The Bergen 
common lands was divided by commissioners appointed by the Legislature in 1765. 
Their field-book forms the basis of Mr. Winfield's admirable " Land Titles of Hud- 
son county."— [W. N.] 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 461. 

not fail doing it for the future. The Act for setting 
aside a Partition of Lands made between the sons of 
George Leslie deceased, I looked upon as tmely ^pri- 
vate Act & therefore insisted upon having a Suspend- 
ing Clause added to it, & should have done the same 
by the Bergen Act, if it had not been represented to 
me as totaUy different. I have the Honour to be, 
with great Respect, 

My Lords Your Lordships 

most obedient & most humble Servant 

W*:^ Franklin 

Letter to the Right Hon^''^ the Earl of Halifax, 

from Grovernor Franklin— relative to Capt. 

Kennedy's Complaint against the Bergen 

Act. 

Burlington Octobf lo, 1764 

My Lord, 

As Captain Archibald Kennedy of New York has 
lately transmitted to your Lordship, a Complaint 
against an Act of this Province, intituled ''An Act for 
appointing Commissioners for finally settling and de- 
termining the several Rights, Titles & Claims to the 
Common Lands of the Township of Bergen ; and for 
making a partition thereof in just and equitable Pro- 
portions, among those who shall be adjudged by the 
said Commissioners to be intitled to the same,'' it is 
become necessary that I should in Vindication of my- 
self and the other Branches of the Legislature of this 
Province, as well as of the Commissioners who have 
acted under the said Act, acquaint your Lordship with 
the true Circumstances of that matter. 

I am not inform'd of all the Particulars of that Gen- 
tleman's Complaint against the said Act, but only 
know in general that he says it is uyijust, unprece- 
dented, and Contrary to one of my Instructions. The 
enclosed Letters and Papers, as well as the very Act 
itself, will I imagine convince your Lordships to the 



, 46^ ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

contrary. But should he have alleg'd anything that 
your Lordships should not find sufficiently obviated by 
the Papers enclosed, I hope your Lordships will be so 
condescending as to let me be acquainted with the Par- 
ticulars; when I make no doubt I shall be able fully to 
prove to your Lordship that Cap' Kennedy's Attempt 
to set aside the Act, merely because the Commission- 
ers have not decided in his Favour, is not only unjus- 
tifiable, but must, should he succeed, be attended with 
very pernicious Consequences to a Considerable Body 
of his Majesty's Subjects, and hurtfuU to the Publick. 

Having long had an Acquaintance with, and Esteem 
for Cap' Kennedy, I could not at first believe that he 
would, without having given me some intimation of 
his purpose, have represented anything to his Majes- 
ty's Ministers that might ultimately affect my Charac- 
ter or Interest. Though I had heard he had threaten'd 
so to do, when he found the Bergen Commissioners 
had not admitted his Claim to a share of the Common, 
yet I attributed it to the mere Effect of a sudden pas- 
sion on his Disappointment, and for his sake, would 
not acquaint your Lordship with the true State of the 
Affair till I knew positively that he had carried his 
Threats into Execution. 

It is however, no small Satisfaction to me, that 
when my Conduct in the publick Station I am hon- 
oured with is in any respect called into question that I 
have for my Judge a Nobleman of your Lordships 
Character, 

I liave the Honour to be, with the utmost Respect 
My Lord, Your Lordships 

most obedient & most humble Servant 

W** Franklin 

P. S, The Papers sent herewith to your Lordship 
are as follow, viz 

N" 1. A State of Facts relative to Cap' Kennedy's 
Complaint against the Bergen Act. 



1704] ADiriKlSTRATlOK OF GOVEKNOK FRANKLIN. 463 

N? 2. A Letter from W"? Bayard, Esq'' a considera- 
ble Merchant of New York, and one of the principal 
Proprietors of Bergen Township. 

N° 3. A Letter from John Berrien Esq": Third Judge 
of the Supream Court of New Jersey, and one of the 
Commissioners for the Division of Bergen 

N*^ 4. Another Letter from W"? Bayard, Esq' 

N° 5. The Deposition of W" Bayard, Esq' before the 
Mayor of New York, proving that Cap* Kennedy ap- 
proved of the Bergen Act, and was instrumental in 
obtaining it, &c. 

N° 6. A short Sketch of the Reasons why Cap* Ken- 
nedy's Claim to a share of the Bergen Common was 
not admitted. Drawn up by W? Donaldson, EsqV one 
of the Commissioners. Note, that, if thought neces- 
sary, a more perfect State of the Affair will be pre- 
pared by the Commissioners at a general Meeting. 

State of Facts relative to Capt. Kennedy\s Com- 
plaint against the Bergen Act in the Gov""-^ 
Letter of 10 Ocf 1764 

State of Facts relative to Cap* Kennedy's Complaint 
against the "Act for appointing Commissioners for 
finally settling and determining the several Rights, 
Titles and Claims to the Common Lands of Bergen; 
and for making a Partition thereof, in just and equita- 
ble Proportions among those who shall be adjudged by 
the said Commissioners to be entitled to the same." 

p.* That a large Number of the Owners and Claimers 
of the Commons of Bergen j^etitioned the Assembly to 
pass the above mentioned Act, in May lT<')o. 

2. That the House made the following Order viz : 
"That the Petitioners have leave to bring in a Bill 
"agreable to the Prayer of their petition at the ne.vt 
" Sitting of Assembly, provided Publick Notice of the 
" Application, & tliis Order, be ptddtshcd in one of the 
^^ New York Gazettes at least Six Weeks before the 



464 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

"said sitting of Assembly, and no reasonable Objec- 
" tions then appear against the same." 

3. That at the next Sessions of Assembly (which 
was not till the November following) the Petitioners 
made it Appear, that they had given the Notice re- 
quired, and had moreover caused publick Notification 
to be made of their Intention to apply for such an Act 
in the several Places of worship where the premises in 
question lie. 

4. That no Objection being made by any Person 
whatever, leave was given to the Petitioners to bring 
in their Bill, which they accordingly did on the 21** 
of November, and it passed the Assembly the 29"' of 
that Month. On the 7'? of December it passed the 
Council, ife had the Governor's Concurrence, a Clause 
being first added. Saving to His Majesty, his Heirs & 
Successors, & to the General Proprietors of the 
Eastern Division, all their Rights and Claims whatso- 
ever. 

5. That before the Governor Assented [to] the Act, 
he asked the Opinion of some of the Gentlemen of the 
Council, & others, whether the said Act ought to be 
considered as a private Act, & have a Clause added to 
it suspending the Execution thereof till his Majesty's 
Pleasure should be known ? To which they answered 

' That Acts of a similar Nature had been Constantly 
' passed, not only by the Governors of this, but of all 
' the other Provinces on the Contineat, without a sus- 
^ jMnditig Clause: That all that had been thought 
' necessary in such Cases, was, the complying with the 
' Spirit of the Kings Instructions relative to Private 
' Acts, namely, causing due Notice to be given, & 
' saving the Rights of the Crown &c all which had 
'been done in the present Case; that all this Act 
' meant, was to give Powers to Commissioners to ad- 
' just and settle certain Claims at the Request of the 
' Claimers themselves, & to make such Settlement 
' binding: That as the Petitioners had made it appear 



1764] ADMINiSTKAtlON OF GOVERNOR FRANKLIN. 465 

" That by reason of the present undivided State of the 
" Commons, great and unnecessary Waste is dayly 
' ' committed by destroying the Timber groiving on the 
" same, by tvhich 7neans if not prevented by a speedy 
" Partition of the said Commons, they ivill be rendered 
^'^ of little Value and the Toivnship of Bergen be re- 
^^ duced to great Distress, for want of Ti^nber and 
' ' Fuel, it would be extremely hard indeed if the Legis- 
" lature were not permitted to afford them immediate 
" Relief: That if the Owners of the Common should 
" be obliged to wait till the Act was sent over to Eng- 
" land, and go thro' the several Offices there, their 
"Estate must be damag'd to the Amount of many 
"Thousands, as a considerable Number of People, 
"knowing that such an Act was in agitation, were 
" now, under Pretence of having a Right to the Com- 
" mons, exerting themselves to their utmost in cutting 
"down the Timber, in hopes of being able to carry it 
" off and dispose of it before the Act shall take place:" 
And lastly, " That if such Acts should be deem'd pri- 
^' vate Acts, and therefore have a suspending Clause 
" tack'd to them, the People in America might almost 
" as well be without a Legislature. 

6. That this Act is so far from being Unprecedented, 
that there is scarce a Session but what Acts of the 
like kind are passed. Such for Instance, are the Acts 
for draining & improving Meadows, laying out Roads 
&c wherein Commissioners are appointed with similar 
Powers to those of the Bergen Commissioners. 

7. That the Commissioners are Gentlemen of Abil- 
ity & unblemished Reputation ; some of whom reside 
at a distant part of the Province from the place in 
question, and others in New York Government. They 
are all entirely disintei'ested, and are upon Oath for 
the due Execution of their Trust. 

8. That neither Governor, Council or Assembly were 
any way interested in the affair, or had any other mo- 

30 



4G6 ADMINISTRATION OF GOVERKOH FRANKLIN. [1764 

tive for passing the Act, than the securing to the 
Owners of the Commons their Property, and estab- 
hshing Peace and Harmony among the People there, 
who were Continually disputing about their Rights. 

9. That it was provided in the Act, that the Com- 
sioners j^revious to any Partition of the said Common 
Lands, should give at least four Weeks public Notice 
in the New York News Papers ; and after they had 
made a General Partition, they were obliged to give 
Tivelve Weeks Notice in said Papers before they pro- 
ceeded to make a particular division. 

10. That notwithstanding so long a time elaps'd 
from the first Application for the said Act to its pass- 
ing, and from its passing to its being carried into Exe- 
cution, not a single Complaint was ever made to any 
part of the Legislature against it, tho' they met at 
Amboy the February following. 

11. That Cap* Kennedy the present Complainant, 
promoted the Application for the Act, was anxious to 
obtain it, approved of it when obtained, submitted his 
Claim chearfully to the decision of the Commissioners, 
was heard by his Council in Support of it, & never 
made the least Objection to the Law itself, or to the 
Commissioners, or to their Proceedings, until after he 
had discovered there was some doubts about the Val- 
idity of his Title. — And there is the greatest Reason to 
beleive, that had the said Act been really pass'd with 
a Suspending Clause, he would have been as much 
dissatisfied on that Account as any Body, and likewise 
would have used his Endeavours to have got it Con- 
firmed by the Crown. 

That the said Cap' Kennedy was informed and knew 
that if he would apply to the Legislature of this Pro- 
vince and point out any Injustice that had been done 
him by the said Act, that they would Readily grant 
him all the releif in their Power ; yet he chose rather 
to rely on his Interest with sundry Noblemen & Gen- 
tlemen in the Administration in England, who, he 



17G4] ADMINISTRATION OF GOVERNOR FRANKLIN. 467 

says, are his particular Friends, & will, he makes no 
doubt, have the Law^ totally set aside on his Account. 

13. That if the said Act should be repealed, Cap^ 
Kennedy can have but little Reason to hope for any 
just Advantage thereby ; as in Order to prevent the 
Mischiefs and Confusion that might ensue if the re- 
spective Claims of the Freeholders of Bergen are not 
adjusted another Law must be passed for that purpose, 
and the Affair left to the decision of Commissioners as 
being the only practicable Method And whenever 
that happens it will be impossible to find Commission 
ers whose Integrity and disinterestedness, & abihties 
for that emplo}'ment can give him a better Chance for 
Justice than the present. 

14. That as the Carrying the said Laws into Execu- 
tion has already been attended with considerable 
Trouble and Expense, & as it is highly beneficial to 
the puhlick, as well as to Individuals, the Owners of 
the Common have the fullest Rehance on the Justice 
of his Majesty's Ministers, that they will not be in- 
strumentall in setting the said Act aside, without giv- 
ing them an Opportunity of being heard on the Occa- 
sion ; more especially as the property of the whole 
Township of Bergen will be greatly Affected and dis- 
turbed thereby. 

Papers referr'd to in Gov^ Franklin's Letter to 
Lord Halifax Relative to Capt. Kennedy's 
Complaint against the Bergen Act From 
N" 2 to 6 inclusive. 

N. 2. A Letter to Governor Franklin, from 
William Bayard, Esq"" 

New York Septemb"" 10'^ 1Y64 
Sir 

The Law you was pleased to give Your Assent to, at 
the Request of the principal Freeholders of the Cor- 



468 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

poratiou of Bergen for the division of their Common 
Lands, which otherwise would have been in a few^ 
years totally destroyed by wicked Persons having no 
Right in the same, is now (from the Assiduity of the 
worthy Gentlemen who were appointed Commission- 
ers and Acted on the same) very near brought to a 
final Settlement ; in so much that the first part of it 
is Compleated, that is the fixing the bounds, the loca- 
tion of the Common Land to each Patent, And the 
Lands set apart for the defraying the Expense dis- 
posed of at Publick Auction, conformable in every 
particular to the Strict Letter of the Law, and in the 
Prescence of the Majority of the Freeholders, who all 
shewed their approbation of what was done ; and as a 
further Proof of the same, a Number of them purchased 
the Land sold for the above purpose at the very high 
price of £7300 Proc:, with whicli they are fully satis- 
fy 'd and are this day to receive the Commissioners 
Deed for the same, and pay the Money, which is a 
further proof of their Approbation of what has been 
done (and indeed was we to be otherwise we should be 
extremely Ungratefull, for no set of People in the Dis- 
tress'd Circumstances we were in could ever have 
been happier in reposing the trust we did in any set of 
Gentlemen, as their Abilities & Integrity, were equal 
to the troublesome Task they undertook, and which 
has really proved so to them) so that now there only 
remains the Subdivisions to be made, & Field Book 
filed, When I dare venture to say it will be one of the 
most Accurate things of the kind that ever was done 
in America. 

Your Excellency when you know my Reason will 
excuse my Troubling You with this long Epistle, but 
having been at the request of the Fi-eeholders of 
Bergen, as well as in support of my own Right, One 
of the Acting Persons in procuring the Law and know- 
ing the only Motive Your Excellency could have in 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 469 

passing the same, was the doing of Common Justice 
to a set of People committed to your care, adhering 
strictly to his Majesty's Instructions. I think it my 
indespensable duty to inform you, that I hear of no 
one Person dissatified with with what has been done 
by the Gentlemen Commissioners, in the Location of 
the Common Lands but Cap* Kennedy, who it seems 
holds an Estate in that Corporation under some par- 
ticular Circumstances, which the Gentlemen Commis- 
sioners have not thought Intituled to a share of the 
Common Lands, and therefore have Excluded him, 
This it seems has given great Umbrage to that Gentle- 
man which I am extremely sorry for, in so much that 
he has pubhckly declared he will if in his power get 
the whole matter set aside, and Complain against the 
passing of the Law as unprecedented, when to my 
Certain Knoivledge he was as Anxious as any one of 
the Parties that it should pass, and tvhen done that it 
shoidd he put in Execution, and now to take measures 
to set it aside if possible, and if not, to Complain of its 
Irregularity, is I think somewhat Extraordinary, I 
therefore thought it my Duty to inform you of it, that 
you might give such Directions in the Matter, as to 
you should seem best. 

This gives me a double Concern, as he is a Gentle- 
man for whom I have a very great Regard, and Inti- 
macy with, (therefore mean this only among Ourselves) 
nor do I believe he would Attempt a wrong thing. But 
We are all to Apt to be Biassd in our Own favour, 
where Our Interest interferes, which must Suppose to 
be his Case only. 

My best Respects wait On you & am Your Excel- 
lencys, most Obliged & Very hum^!° Serv* 

W'.' Bayard 
His Excell^ W™ Frankhn Esq. 



470 ADMINISTRATION OF GOVERNOE FRANKLIxNT. [1764 

N° 3. 

A Letter to Gov?" Franklin from John Berrien 
Esqf Third Judge of the Supream Court of 
New Jersey, & one of the Commissioners 
for the Division of Bergen. 

EocKY Hill Sep' 14*^ 1764 
Sr 

I returned the Evening before last from Bergen, 
where the Coniinissioners lately met in order to sell 
343 Acres of Land set apart for defraying the Charges 
of the General Partition of the Common Lands which 
was sold for the very extraordinary price of £7300 
Proc: to Justice Kuyper a Magistrate of the Corpora- 
tion, & a number of the Principal Inhabitants having 
join'd with him in the Purchase. 

The People who are interested thei'e seem to be very 
well Pleased with what is done upon the general 
Division, which is nearly Finished. But Cap* Archi- 
bald Kennedy who possesses an Estate in that Corpor- 
ation under very intricate Circumstances is very much 
dissatisfied with Our Conduct, as we have not thought 
proper to allot any Part of the Common Land to his 
possession {for ivhich no Patent has been produced) 
and I understand he doth not only blame us the Com- 
missioners for excluding him from a Share of the 
Common Land, but your Excellency also for passing 
the Law, alledging it to be an Unprecedented Act, and 
said he would endeavour to have that Law Repealed, 
which I conceive to be very imgenerous and preposter- 
ous in him, as I have been Credibly informed that he 
was very anxious as well as aiding and Assisting to 
have it done. M!' William Bayard informed me that 
he would Acquaint Your Excellency with the Particu- 
lars of this Affair, & he having sent his Letter to me 
to be forwarded I need not Enlarge, but think proper 



1764] ADMIN'ISTRATIO]Sr OF GOVERNOR FRANKLIN. 471 

to acquaint Your Excellency, I am informed that Cap* 
Kennedy sa3^s Lord Halifax M'' Greenville M'- Hunter 
and S'- Charles Hardy are his particidar Friends, if 
so, and he should misrepresent the Matter, it may be 
well to know from what Quarter any Attack may be 
Expected or Suspected, which I am in hopes he will 
not Exi)ose himself so much as to Attempt, having 
some Reason to believe that he only intended to deter 
us the Commissioners, wherein he can't succeed, and 
make no doubt that must be his case should he further 
Complain, I am w*'' best Compliments and much Due 
Regard Your Excellencys 

Most Obedient and very Humble Serv^ 

John BerkieiN 
To His Excellency William Franklin Esq- 



N°4 



A Letter to Gov^ Franklin, from W"" Bayard 

Esq^ 

New York October 1'.* 1Y64 
Sir 

I am now to acknowledge the Receipt of Your Ex- 
cellencys favour the 1!/-' Ult°, In consequence of which 
I immediately made Application to Cap* Kennedy, rel- 
ative to the Contents thereof, who was so Candid im- 
mediately upon my Application as to show me the 
Letter he had wrote to Lord Halifax on the Subject, 
In which I can with great pleasure inform you, he 
made no mention at all of your name, but in general 
Complained of the Hardship he was laid under by that 
Law in being deprived, from a Proportion of y*; Allot- 
ments of the Common Lands, and therefore desired 
his Lordship, if not already passed the Royal Assent, 
that he would oppose the same as being unprecedented. 
And further I asked him, if he tvas not Convinced that 
you could have had no intention in passing that Laiu, 
but in doing a Publick Good to the Petitioners, to 



472 ADMINISTEATION OF GOVERNOR FRANKLIN. [1764 

which he was pleased to make answer, he was con- 
vinced You could not, and that he had wrote Nothing 
with that Intent ; To which 1 made answer, that as 
that was his Opinion, I thought in Comaion Justice to 
you, he should inform his Lordship in his next Letter, 
that he had no Complaint against yoiir Excellency on 
that Account, on which we parted ; so that your Ex- 
cellency may write this as Coining from Cap^- Kennedy, 
thro' me, if you think Necessary, of which there 
should he no delay as Cap' Kennedy's papers went ^ 
the Harriot Packet who sail'd the 22" Ult° so that I 
hope your Excellency after writing your Letter on 
this head will have no further Trouble with it, as I 
can Assure You nothing Would give me greater Con- 
cern than that that should be the Case, well knowing 
your only motive was that of the puhlick Good, which 
Tendency it Certainly will have. I am. Sir, 

Your ExcelP" Most Ob^ Hble Servt 

W*: Bayard 

P. S. This Letter should have been answered on Re- 
ceipt of the Same but Cap' Kennedy was not in Town. 
To His Excellency William Franklin, Esq' 

N 5. 

Deposition of W" Bayard Esq'", before the Mayor 
of New York, proving that Cap* Kennedy 
approved of the Bergen Act, and was in- 
strumental in obtaining it, &c. 

Province of New York in North America. 

City op New York ss: William Bayard of this 
City Esquire, personally appeared before me John 
Cruger Esq- Mayor of the said City, and being duly 
sworn upon the Holy Evangelists of Almighty God, 
saith. That being one of the principal Proprietors of a 
Township in New Jersey commonly called Bergen, and 



1764] ADMINISTEATION OP GOVERNOR FRANKLIN. 473 

interested in an undivided share of the great Common 
Lands of that Township layhig Waste and unimproved ; 
he was one of the Main Agents in Sohciting the pass- 
ing of a late Law in that Colony appointing Commis- 
sioners for effecting a Partition of the Commons among 
all the Proprietors. That he is well assured that Law 
was earnestly desired by the Proprietors in General, 
and actually petitioned for in the General Assembly. 

That the Commissioners appointed by it, are in high 
Reputation as Men of Integrity and Understanding, 
and that they have executed a Great Part of the Work, 
not only with great Labour and Pains, but at a vast 
Expence, and to the Satisfaction, as the Deponent be- 
lieves of AUmost All concerned — That Cap* Archibald 
Kennedy, to whom the Deponent understands the 
Commissioners, for Reasons, which the Deponent sup- 
poses they will be ready to give, have not assigned a 
share of the Commons, is among the discontented — 
That the Deponent well knows, that the said Captain 
Kennedy was very solicitous for the Partition of those 
Common Lands — That he expressed his Desire to have 
them divided in that way, and was Aiding in some 
Measure to the passing of the Act for that Purpose- 
That the Deponent hath heard and believes that since 
the Law was passed he laid his Case and Claim before 
the Commissioners, and was heard by his Council; 
And that the Deponent was never informed that the 
said Cap* Kennedy, with whom he frequently con- 
versed upon this Subject, had any Objection to the 
Law itself, or to the Commissioners, or to the Process 
in the Execution of it, until after he had discovered, 
that there were some Doubts about the Validity of his 
Title in Bergen and Whether any Share of the Commons 
was due to it— And further the Deponent saith not. 

W" Bayard 
Sworn the S!!! day of Oct' 1764 before me 

John Cruger 



474 ADMiNISTEATION OF GOVERNOR FRANKLIN. [1764 

N° 6 

A Short Sketch of the Reasons why Cap* 
Kennedy^s Claim to a Share of the Bergen 
Commons was not admitted. — Drawn up 
in Haste by W"" Donaldson Esq^ one of the 
Commissioners. 

Note, That, if thought necessary, a more perfect 
State of the Affair will be prepared by the Commis- 
sioners at a General Meeting. 

As the Reasons, upon which the Commiss''^ rejected 
Cap- Kennedy's Claim to Commons; Arise from the 
particular circumstances under which, the Lands in 
Cap- Kennedy's possession, Stand — These Eeasons 
would be uninteUigible unless accompanied with a 
State of the Case, w^!' I can't draw at present, nor 
would I chuse to do it, without the Privacy of the 
other Commiss""-® who can't possibly be got together at 
this time. — The Case is peculiarly intricate. — It is most 
probable, the Title to the Lands, is yet in the West 
India Com^' of Amst°' and thence the late M- Kennedy 
got into possession of them as Derelict. The Free- 
holders of Bergen apply'd to the Comis'-^ to have the 
Lands (in Cap* Kennedy's possession) Declared to Be 
part of the Common Lands of the Township, and as 
Such allotted (with the other Common Lands) among 
the Patents. — The Comis'-^ considered, That as he was 
in y'' Pussession, he could not be ousted, but upon the 
Strength of an Ejector's Title (without any regard to 
the weakness or want of Title in Him) and this per- 
haps was one of the least Reasons, why the Commis':^ 
chose to leave him as they found him. — As to rejecting 
his Claim to Commons, The Commis" heard Council 
on both Sides, stated Queries, and had Answers, They 
maturely consider'd the whole, and determin'd from 
Conscience and their best Judgement. They were un- 



1764] ADMINISTRATION OF GOVERKOR FRANKLIN. 475 

connected, disinterested, free of every possible Byas 
from private Views — ^If they were wrgng Humanum 
est errare. — I much question M'- Kennedy's intending 
to try the Merits of the Commis"* Determination — I 
rather apprehended his Complaint will be mainly 
founded upon the luant of a Probationary Clause in 
the Partition law. — And as condemning that Law, 
will greatly affect and disturb the Property of that 
Township — I should think the Ministry will be tender, 
at least till Parties are heard, and the rather as the 
Execution of the Law is highly beneficial to the 
publick as well as the individuals concern'd and was 
solicited by the Freeholders interested, and the appli- 
cation approved and consented, to by Cap- Kennedy 
himself. 



Commission of Frederick Smyth as Chief-Justice of 
New Jersey.' 

[From Book AAA of Commissions, Secretary of State's Office, Trenton, fol. 394.] 

George the Third by the Grace of God of Great Brit- 
ain Fi'ance and Ireland King Defender of the Faith 
&c. To our Trusty and well beloved Frederick Smyth 
Esquire Greeting We Reposing especial Trust and 
Confidence in Your Integrity impartiality Prudence 



' Judge Smyth was probably of tlie Smytli family of Pertti Amboy, several of 
whom— notably John and Lawrence— occupied various positions of prominence in 
the Province from an early date.— Whitehead's Perth Amboy, passim. The Judge 
himself occupied from 17GG to ITTl the Proprietaries' " government house" at Perth 
Amboy, where now stands what was formerly the " Brighton house," at present a 
home for retired Presbyterian clergymen.— 16., 260. He was a vestryman of St. 
Peter's Church in tliat town in 17T4.— i6., 240. At the time of his appointment as 
Chief-Justice he was only about thirty-two years of age. He perhaps sought the 
office more for the honor than the profit attachmg to it, as, although Governor 
Franklin secured an increase of £50 in the emoluments of the place, three years later 
it yielded but £300 in currency, equivalent to but £120 sterling. (See^josf , under dates 
of November 12, 17G4, and April 12, 1767.) The young Chief -Justice does not appear 
to have made much impression in the administration of the duties of his high and 



476 ADMINISTRATION OF GOVERNOU FRANKLIN. [1704 

and Ability Have Assigned Constituted and appointed 
And we do by these presents Assign Constitute and 
appoint you the said Frederick Smyth to be our Chief 
Justice of and in Our Province of Nova Ceesarea or 
New Jersey in America ; Giving and by these Presents 
Granting unto you the said Frederick Smyth full 
Power and Authority to hold the Supreme Courts of 
Judicature at such places and Times as the same may 
or ought to be held within our said Province, and to 
hear try and determine all Pleas whatsoever Civil 
Criminal and mixed according to the Laws Statutes 
and Legal Usages of Our said Province that are not 
Eepugnant to the Laws and Statutes or that part of 
our Kingdom of Great Britain Called England, and 
according to such Laws and Statutes of our said King- 



responsible office, and evilently was anxious to be on good terms with the attor- 
neys who practised in his court. While firm and consistent in his loyalty to the 
British crown, his course during the exciting controversy over the Stamp Act won 
for him the good will of the Americans. He frankly conferred with the members 
of the bar as to his proper course in the premises, intimating his personal disap- 
proval of the Act, and readily acquiesced in their views, whereby the Stamp Act 
was rendered nugatory in New Jersey. (See post., uader date September 19-30, 
1765.) Nevertheless, the Chief- Justice naturally deprecated any resort to violent 
measui-es, and when the zealous patriots of Cumberland coiuity, on the night of 
November 23, 1774, seized and burned a cargo of dutiable tea, at Greenwich, he 
"gave a large charge to the Grand Jury concerning the times, and the burning of 
the tea, but the jury came in without doing anything," although sent out a second 
time. — History of the First Settlement of Salem, in West Jersey, by Robert G. 
Johnson, Philadelphia, 1839, 123-5; Hist. Cumberland County, by L. Q. C. Elmer, 
Bridgeton, 1809, 14-16. In delivering a charge to the Essex county Grand Jury, in 
1774, he spoke freely of the troubled state of the times, and cautioned the people 
to beware of the "real tyranny" at their doors, as more to be dreaded than the 
'■'• imaqinanj tyranny three thousand miles distant," which gave the grand jurors 
an excellent opportunity to express their views of the situation, which they 
did in an able and most admirable " address," concluding with the hope that 
"no bias of self-interest; no fawning servility to those in power; no hopes of 
future preferment, will induce any man to damp their laudable and patriotick 
ardour, nor lend his helping hand to the unnatural and diabolical work of riveting 
those chains which are forging for us by that same actual tyranny, at the distance 
of three thousand miles." — American Archives, Fourth Series, I., 967; Minutes of 
Council of Safety, etc., for 1775-6, 31. It is fair to presume that after this severe 
rebuke the ( 'hief -Justice confined the expression of his views on the bench strictly 
to the questions pertaining to his judicial position. In 1768 he was with Governor 
Franklin at Fort Stanwix, when the western frontier was adjusted with the In- 
dians.— iV. Y. Col. Docs., Vin., 112, 137. In 1773 he sat with the commissioners at 
Newport, R. I., to investigate the burning of the British schooner Gaspee, by a 
party of Rhode Island Whigs.— -ffisi. American Revolution, by William Gordon, 



1764] ADMINiSTEATION OF GOVERNOR FRAIsKLIN. 477 

dom as now do or hereafter shall be made to extend to 
our Plantations in America, and Executions of all 
Judgments given in our said Court to award, and 
from time to time to make such Eules and orders in 
our said Supreme Court in our said Province for the 
benefit of the Inhabitants of our said Province as you 
shall judge to be Convenient and usefull for the more 
easy speedy and impartial administration of Justice 
and the preventing unreasonable and unnecessary 
delays and as near as may be agreeable to the Rules 
and orders made in the Uke Cases in our Courts of 
Kings Bench, Common Pleas, and Exchequer in our 
Kingdom of Great Britain. To have, hold execute and 
Enjoy the said Office unto you the said Frederick 
Smyth for and during our Pleasure and your Resi- 
dence within our said Province Together with all and 
singular the Rights Profits priviledges and Emolu- 
ments unto the said place belonging in as full and 
Ample Manner as any other Persons liath formerly 
held or of Right ought to have held and Enjoyed the 
same In Testimony whereof we have Caused these 
our Letters to be made Patent and the Seal of our said 
Province to be hereunto affixed. Witness our Trusty 
and well beloved William Franklin Esquire our Cap- 
tain General and Governor in Chief in and over our 
said province of New Jersey and Territories thereon 
depending in America Chancellor & Vice Admiral in 
the same &c. at our City of Burlington in our Prov- 



D. D., New York, 17'8'J, I., J>18-19; Historical Notes, etc., by \Mlliam Griffith, Bur- 
lington, 1836, 201. Having been appointed a member of the Comicil at the same 
time that he received his commission of Chief -Justice, in 1764, he attended the ses- 
sions of that body until November, 1775. — Minutes. "His reputation as a judge 
was highly re.spectable." — Provincial Courts in New Jersey, hj Richard S. Field, 
New York, 1849, 181. "In 1776, when the Whigs assumed the direction of the gov- 
ernment, he retired to Philadelphia. In 1770, he was informed, by direction of 
Lord George Germain, that it was impossible for the Ministry to compensate Loy- 
alists to the extent of their losses, but yet, that an allowance of 11400 would be con- 
tinued to him. He died at Philadelphia, in 1815, aged eighty -three."— Sabine'' s 
Loijatists, II., 319 20.— [W. N.] 



478 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

ince aforesaid the seventeenth day of October in the 
fourth Year of our Reign, Annoque Domini One thou- 
sand seven hundred and Sixty Four. 

*• '' ^ 

( Great Seal ) 
J of the f 
< Province V 

J «* i 

I New Jersey 1 

^ * 

[Endorsed.] Be it remembered that on the 0th day 
of November 1704 the within named Frederick Smyth 
Esq. took the oaths and made and subscribed the Dec- 
laration appointed by Act of Parhament and also an 
Oath for the due Execution of the Office of Chief Jus- 
tice of the Province of New Jersey in open Court. 

Read Clk 



Letter from Governor William Franklin to the Lords 
of Trade, relative to the Act for the partition of 
Bergen, complained of bi/ Captain Kennedy. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 57.] 

Burlington, New Jersey, Ocf 13, 1Y04 

To the Lords of Trade 

My Lords, 

In the Letter I had the Honour of writing to your 
Lordships relative to Capt. Kennedy's Complaint, I 
omitted acquainting your Lordships that by the Law 
of this Province for establishing Fees, which was con- 
fii-med by the Crown on the 23'' of November 1740 it 
is expressly pi'ovided, that " no Bill be called a private 
'^ Bill which, concerns a County, Town, or Precinct." 
As the Act in question concerns the whole Township 



l'i'64] ADMINISTRATIOK OF GOVEHNOR iPRANKLIN. 479 

of Bergen, it cannot, consistent with the Law above- 
mentioned, or indeed with any Propriety, be consid- 
ered as apr^ivate Act. 

The Parhament of England passed a Law a few 
Years ago for dividing the Lands belonging to the 
London Company, in New Jersey & Pensylvania, the 
Plan of which was adopted by the Legislature of this 
Province in Passing the Bergen Act. The Province of 
New York I am told have a Standing Law for divid- 
ing Lands nearly similar to the said Act, and no Per- 
son complains of it. And indeed if the Colonies were 
prohibited from having those kind of Laws passed with- 
out a Suspending Clause, there is scarce anything that 
would prove more detrimental to their Cultivation & 
Lnprovement. 

I am, with the greatest Kespect, 
My Lords, Your Lordships most obedient, 

& most humble Servant. 

W" Franklin 



Letter from Governor Franklin to Secretary of State 
the Earl of Halifax, inclosing the Attorney Gen- 
eral's list of the instruments, etc., made use of in 
New Jersey, and the Secretary\s Observations 
thereupon. 

[From P. R. 0., America and West Indies, Vol. 172 (190).] 

BuRiJNGTON New Jersey, Oct'' '1^, iTG-t 

The Right Honourable the Eaii of Halifax 

My Lord 

I take the first Opportunity of transmitting to your 
Lordship, the Attorney General's List of the Instru- 
ments, &c made use of in this Province, together with 



480 ADMINISTEATION OF GOVERNOR FRANKLIN. [1764 

the Secretaiy's Observations thereupon, pointing out 
such Articles in the said List as will bear the highest 
Stamp Duty. Those Gentlemen have had considerable 
Experience in the Publick Transactions of this Colony 
and have not I believe omitted mentioning any thing 
material. 
I have the Honour to be, with the greatest Eespect, 
My Lord, Your Lordship's 
most obedient & most humble Servant 

W Franklin 



List of Instruments, &c made use of in the 
Province of New Jersey, drawn up by 
His Majesty's Attorney General of said 
Province. 

Oct. 27, 17(U 

In the Prerogative Office. — 

Probate of Wills, Letters of Administration, Quietus, 
Marriage Licences, & Bond thereupon. Exemj^lifica- 
tions of Wills & Probate, &c. are Sometimes had to go 
to Neighbouring Colonies under the Seal of this Office. 

Under the Great Seal, 

Patents for Townships & Corporations, Letters of 
Guardianship, Commissions of the Peace, Oyer & Ter- 
miner & Goal Delivery To Sheriffs, Coroners, & Clerks 
of the Peace, in Countys, Citys and Burroughs, Com- 
missions to Colonels, Lieu' Colonels, Majors Captains, 
Subalters, Adjutants, & Quarter Masters, of Militia, 
both Foot & Horse, Letters of Mart & Reprizal, Cer- 
tificates of Deeds, Wills & Powers of Attorney to go 
beyond Sea 

Under the Privy Seal, 

Bills of Health, Licences to Pedlars & Hawkers, on 
Foot & with Horse. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 481 

Court of Chancery — 

Bills and Answers, and all the usual Process, Writs 
& Commissions of that Court, in which we copy the 
Chancery of England. 

Supreme Court, 

Bills of Middlesex, Latitat, Al. & Pluries, Capias, 
Bail pieces. Common & Special Declarations, and Rules 
of the Court; Rolls Records, Distringas & Venire; 
Executions against the Body Goods & Chattels, & 
against the Lands, Vend« Exp? Attachments for Con- 
tempt; Attachments against absconding Persons, Affi- 
davits to ground this Attachment; Writs of Sci. facias 
& Subpoena, Tickets for Witnesses, Writs of Error re- 
turnable before the Govern"'" and Council, & this Court, 
of Habeas Corpus Certiorari, Replevin & Dower, of 
Partition & Retorno Habendo, Writs of Proceedings in 
Common Recovery, &c in all which we copy the Courts 
of Westminster, & use the same Process.— Recogni- 
zances and Licences to Attorneys; These last are 
granted by the Gov^ on Recommendation from the 
Judges.— AH the Proceedings in this Court, except 
the Declar: are on Parchment. 

In the Inferior Court. 

We use a Capais Al^ & Pluries, Bail, Common & 
Special Declarations in personal Actions: in all Pro- 
ceedings the Same as in the Supream Court, only the 
Process & all Proceedings are on Paper & the Fees less. 

In the Court for Tryall of Small Causes under Six 
Pounds, the Proceedings are by Summons, if against 
a Freeholder otherwise a Warrant. Issues in the 
nature of a Capias in this Court: There are no regular 
Proceedings, the Cause is decided in a Summary Way, 
& Execution issues, unless either Party demands a jury 
of Six Men, in which Case a Venire issues to a Consta- 
ble v/ho Summons the Jury. 
31 



482 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

In the Crown Business, 

Informations are filed upon Orders of the Governor 
and Council; these are very rare. — Indictments at the 
Sessions and in the Supreme [Court]. — On which issues 
a Capias, & aftei- the Party has pleaded, a Venire for 
the Jury: Noli Prosequis are sometimes ordered by the 
Governor; — Informations are sometimes filed for 
Breaches of the Laws of Trade, as they are sometimes 
in the Inferior Court. 

Proprietors'' Office, 

Warrants for Unlocated Lands, Surveys thereon, 
and Certificate from the Surveyor General, Copies of 
Surveys & Warrants for Land, & Patents from the 
Proprietary Eecords under the Hand of the Register. 

Instruments of Conveyancing & Securitys for Lands 
& Money, Wills, Powers of Attorney, Deeds indented 
& Poll, Leases, Releases, Bonds, Bills, Mortgages of 
Lands, BiUs of Sale & Grants of Chattels, Promissory 
Notes, Bills of Exchange, Indentures of Apprentice- 
ship, Arbitration Bonds, Awards. 

Instruments in the Customs 
Permits, Cockets, &c as in the Customs in England. 



The Secretary's Observations on the foregoing 

List. 

That Transfers of Land are more frequent than in 
England: The Things that w^ould bear the Highest 
Stamp will be the Transfers of Land, the Attornies 
Licences, & Civil Commissions, which are profitable. — 
The Militia Commissions as they are never sought after, 
will not be accepted of if more burthened. 

Commissions of Oyer & Terminer, & Things issued 
for the Administration of Justice, can never pay, unless 
the Government must pay it. 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 483 

The Fees of the Custom House are always collected 
with Difficulty from the Small Craft, & cannot bear 
any Charge. 

Bills of Lading are omitted, of which great Quantities 
are used in the Colonies. 



Letter from James Parker to Governor Franklin, ac- 
knowledging the receipt of His Majesty's Manda- 
mus to he one of the Council of New Jersey. 

[From the Skinner Papers among Manascripts of W. A. Whitehead, Vol. 1, No. 58.] 

P. Amboy October [1764] 

When Mr. Smyth called here on his way to Burling- 
ton he delivered me a letter from Mr. Sherwood inclos- 
ing me his Majesty's Mandamus to be of the Council 
in New Jersey which accounts for my not receiving it 
from my own Correspondent who I think cannot so 
well account for his neglect of my request to him to 
take it up at the Board of Trade. 

Mr. Smyth's stay at this place was but for one Ev'n- 
ing and I have been so Engaged at home & abroad 
Ever since that I have not Known of any other oppor- 
tunity that may have offer'd since, which I hope will 
plead my Excuse for not having given your Excellency 
this Information sooner and acknowledging myself 
under the greatest obligation to you for having been 
the means of my Receiving This honour from His 
Majesty and as I know nothing can make me more 
acceptable to Either of you than a faithfull discharge 
of this trust Reposed in me You may be assured that 
I shall on all occasions use my utmost Endeavours to 
obtain that End. I am 

Sir Your most obedient 

Humble Servant 
James Parker. 



484 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 



Letter from Governor Franklin to the Secretari/ of 
State, the Earl of Halifax, in relation to illicit 
trade iyi New Jersey. 

[From P. R. O. America and West Indies, Vol. 173 (190).1 

Burlington, Nov"' 8, 1764 
The Right Honourable the Earl of Halifax. 

My Lord 

I have not had any Information relative to any- 
Illicit Trade carried on in this Province since I had the 
Honour of receiving your Lordship's Letter of the 11"' 
of August; nor, indeed, since my Arrival in the Gov- 
ernment, except one v^hich I found upon Enquiry to 
be false and malicious. This Province has a very little 
Trade to any Place but New York and Philadelphia, 
where they seU their Produce, and purchase English 
Goods and other Necessaries. 

The Surveyor General, and other Officers of the Cus- 
toms, have, by their Vigilance, as far as I can learn, 
put a Stop to the greatest Part, if not the whole, of 
the illicit Trade within this District. 

I have the Honour to be, with the greatest Pespect, 
My Lords, Your Lords hi])s most 

obedient, <fc most humble Servant 
W^ Franklin 



17C4] ADMINISTRATION OF GOVERNOR FRANKLIN. 485 



Letter from Governor Franklin to the Secretary of 
State, Earl of Halifax — i-elative to measures pro- 
posed hy the Postmaster -General for improving 
Correspondence between the several Colonies. 

[From P. R. O. America and West Indies, Vol. 172 [190).] 

Burlington, Nov^ S, 1Y64 
Right Honble Earl of Halifax 

My Lord 

I had the Honour of receiving your Lordship's Letter 
of the 11*.'' of August, containing His Majesty's Com- 
mands relative to the Post-Office in America. 

Your Lordship may rely that I shall not fail giving 
all the Assistance that may be in my Power towards 
forwarding the Measures proposed by His Majesty's 
Postmaster General, for improving the Correspondence 
between the Several Colonies on this Continent. 

There is as yet no Separate Map of this Province 
published, but as there is one preparing I hope it will 
not be long before I shall have it in my Power to send 
it your Lordships. The Deputy-Post-Masters-General 
of America have sent to the General Post-Office in 
England one of Evans's Maps of the Middle Provinces 
with the Post Roads mark'd out thereon, which I saw, 
and thought very exact. 

The Posts go now very regularly three Times a week, 
through this Province, between Philadelphia and New 
York, greatly to the Convenience and Satisfaction of 
the Inhabitants. 

A new Road is lately opened thro' Bergen County to 
a Ferry over the North River to New York, by which 



486 ADMINISTRATION OF GOVERNOR FRANKLIN. [1764 

a Bay is avoided of Eight Miles that used frequently 

to interrupt & delay the Posts: But the Ferries not 

being as yet properly managed, I shall at the next 

Sessions recommend it to the Assembly to regulate 

that Matter, as also to build Bridges where necessary. 

I shall upon all Occasions be ready to aid and support 

the Postmasters within this Province in the Execution 

of their Office. 

I have the Honour to be, with the greatest Respect, 

My Lords, Your Lordships most obedient, 

and most humble Servant 
W" Franklin 



Letter from Governor Franklin to the Secretary of 
State, informing him that Frederick Smyth, Esq. , 
had been commissioned Chief-Justice in obedience 
to His Majesty^ s Mandamus. 

[From P. R. O., America and West Indies, Vol. 172 (190). ] 

Burlington, Nov' 12, 1764 
The Right Honorable the Earl of Halifax. 

My Lord 

I liave had the Honour of receiving His Majesty's 
Mandamus, directing me to issue a Commission to 
Frederick Smyth, Esq' appointing him Chief Justice 
of this Province, which I have accordingly obeyed. 

I have likewise recommended him to the principal 
Gentlemen of the Colony, from whom he has met with 
a Reception equal to his Wishes. The Profits of the 
Office are I think, not equal to the Dignity & Impor- 
tance of the Station, nor to his Merit; though I have 
procured • Fifty Pounds p' Annum to be added to it 



1764] ADMINISTRATION OF GOVERNOR FRANKLIN. 487 

since my Administration. I shall do all in my power 
to have it still further augmented, and am not without 
Hopes that I shall be able to succeed in my Endeavors 
for that Purpose. 
I have the Honour to be, with the utmost Kespect, 
My Lord, Your Lordships most obedient 

& most humble Servant 
W*? Franklin. 



Letter from John Pownal to Governor Franklin, en- 
closing an order for repealing an act for render- 
ing void the lottery lately made by Peter Gordon, 
etc. 

[From P. R. O. B. T. New Jersey, Vol. 17, p. 190.] 

Whitehall Dec-' 7. 17<>4 

To William Franklin Esq!" Governor of New 
Jersey. 

Sir, 

I am directed by the Lords Commissioners for Trade 
and Plantations to send you the inclosed Order of His 
Majesty in Council repeahng an Act passed in the 
Province under Your Government in Sep-" 1762 En- 
tituled, 

An Act for rendering void the Lottery lately made 
by Peter Gordon for the sale of certain Lands lying in 
the County of Middlesex, and to reUeve and secure the 
Trustees and Managers of the said Lottery against any 
Action that is or may be brought against them con- 
cerning the same. 

I am, Sir, Your most obedient humble Servant 

John Pownall 



488 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 



Letter from Governor Franklin to Secretary of State, 
the Earl of Halifax, enclosing a petition from the 
principal possessors of the islands in the River 
Delaware, praying to he annexed to the Province 
of New Jersey, and his remarks upon the same. 

[Fi-om P. R. C, America and West Indies. Vol. 17::^ (190).] 

Burlington, Nev^ Jersey, Feb".^ 21 1705 
Right Honble E. of Halifax 

My Lord 

I have the Honour to transmit to your Lordship, a 
Petition to His Majesty in Council, which w^as delivered 
to me for that Purpose by the principal Possessors of 
the Islands in the River Delaware, praying for the 
Reasons therein Setforth, to be annexed to this 
Province. 

Those Islands have never been granted by the 
Crown, nor annexed to any Government, and being 
therefore without the Reach of the Process of any His 
Majesty's Courts of Justice, Malefactors frequently 
take Refuge there, & even Murder has been committed 
in several of them with Impunity. 

To remove such great Nusances to the neighbouring 
Colonies, it seems absolutely necessary that those 
Islands should be plac'd under the Jurisdiction of 
either this Province or Pensylvania, between which 
they are situated; The principal Possessors of them 
chuse however, for many Reasons, to have them an- 
nexed to New Jersey, but particularly as that is a 
Royal Government. They alledge, that notwithstand 
ing they think they have an equitable Title to the 
respective Islands they possess, as having paid a valu- 
able Consideration for them to the Original Owners & 
Possessors, and expended large sums in their Cultiva- 
tion & Improvement, yet in order to prevent all Con- 
troversy on that Head, they are deskous to receive 



1765] ADMINISTRATION OF GOVEKNOK FRANKLIN. 489 

Grants of Confirmation from the Crown, and, on that 
Condition, they are wiUing to have their Lands sub- 
jected to any Quit Rent which shall be thought 
reasonable. 

I doubt not but that they might be easily brought to 
consent to pay at least Ten Times the usual Quit Rent 
reserv'd in the King's Colonies: which, with what 
could be raised by Leasing those Islands that are not 
yet occupied (of which there are several of Value) 
might in Time, if properly managed, produce a Revenue 
nearly equal to, if not quite sufficient for the Civil 
Establisliment of this Province. 

Now as the Crown has no Revenues arising in this 
Government, oat of which the Salaries of its Officers 
can be paid, and as they are rendered dependant on the 
Assembly for their Subsistence; I submit it to your 
Lordship's Consideration whether it may not be for 
His Majesty's Service that the Prayer of the Petitioners 
should be granted. 

I can with Truth assure your Lordship that in Times 
of the best Harmony between the Governor and 
People, all that he can anyways make of this Govern- 
ment is but barely sufficient to support him suitable to 
his Rank in the Colony. It is impossible for him, un- 
less he lives in such a manner as to disgrace his Com- 
mission, to lay up in Twenty Years as much as would 
afterwards maintain a Family with Decency. And as 
to the Chief Justice, his Salary is so very small that it 
can by no means afford him a Maintenance proper for 
a Gentleman in that Station. — ^The Salaries both of 
Governor and Chief Justice have, 'tis true, been aug- 
mented since my Arrival, but they stiU bear no Pro- 
portion to the encreased Expense of Living in America. 

It was the Purpose of W Chief Justice Smyth and 
myself to have presented a Memorial to your Lordship, 
praying your Intercession with his Majesty to have us 
rendered more independent of the Assembly, by grant- 



490 ADMIJflSl'RATION OF GOVERNOR FRANKLIN. [1765 

ing us an Allowance out of the King's Revenues in 
America, as has already been done to several of the 
Crown Officers in our Stations, But as no Revenue 
arose to the Crown out of this Province, and as the 
Revenues arising in other Grovernments might, for 
aught we know, be already charged to their full 
Amount, we agreed to defer giving your Lordship the 
Trouble of such an Application till we could be better 
inform'd of that Matter. However, as an Opportunity 
now offers of creating a new Revenue to the Crown, 
which may probably be brought to answer the Pur- 
poses above mentioned, I humbly hope your Lordship 
will be so good as to excuse my taking the Freedom of 
acquainting you with our Situation, and requesting 
your Interest in our Behalf. 
I have the Honour to be, with the utmost Respect, 
My Lord, Your Lordship's most 

obedient & most humble Servant 

Wf Franklin 



Letter from Governor Franklin to the Lords of Trade, 
inforniing them that the Assembly had granted 
bounties for raising hemp, and for tJie cidture of 
silk ; also containing remarks on an Act lately 
passed there, for regulating the practice of the 
Latu. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 58.] 

Burlington, New Jersey, 8'?' Aug'* 1T(!5 

To the Lords of Trade. 

My Lords 

I have the Honour to transmit to your Lordsliips 
the Minutes of Council, and the Acts passed at the 
late Sessions of the General Assembly of this Province. 



1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 491 

The Sessions prov'd a very amicable one, & no less 
than o5 Acts were pass'd, the most ever known to have 
been passed at any one Time within this Colony. — I 
prevailed on the Assembly to grant some Bomities to 
encourage the raising Hemp & Flax, & the Culture 
of Silk for Exportation to Great Britain. They have 
also made Pi'ovision for defraying the Expence of sur- 
veying the Publick Eoads, in order to their being short- 
ened & rendered more commodious for Travelers, 
agreeable to my Recommendation. 

I believe that none of these Acts contain any Thing 
of a new and extraordinary Nature, except it be the 
Act for regulating the Practice of the Law, which as 
it made some Innovations in the Practice, and would 
in some Degree Diminish the Number of Proceedings 
in the Courts, & thereby proportionally lessen the 
Revenue that would otherwise arise from the Stamp 
Duty which is to take Place in November, I refused 
my Assent to it, unless a Clause was first added, sus- 
pending its Effect till His Majesty's Pleasure should be 
known thereupon, which was done accordingly. — It is 
agreed on aU Sides, that a Law of this Nature is much 
wanted, as many the Lawyers have been guilty of very 
indirect Practices in their Profession, to the great 
Injury of many of the Inliabitants, But whether this 
Law will be likely to answer the Purpose, your Lord- 
ships will be best able to judge when you hear what 
the Assembly (who intend to sollicit its Confirmation) 
have to urge in its Favour. 

Nothing extraordinary has occur'd since my last 
Letter to your Lordships. The utmost Harmony sub- 
sists between the several Branches of the Legislature. 
There are no Parties existing in the Province. All is 
Peace and Quietness, & likely to remain so. 

I am, with the greatest Respect, My Lords, 
Your Lordships most obedient humble servant 

W? Franklin 



492 ADMINISTKATION OF GOVERNOR FRANKLIN. [17G5 



Letter from Secretary Conway to Governor Franklin, 
relative to the petition from the principal possess- 
ors of the islands in the River Delaware. 

[From P. R. O. America and West Indies, Vol. 190.] 

S'' JAMES'S, Septf W' urn. 

Governor Fanklin. 
Sir, 

Yours of the 21'.' February last has been received. I 
am only to acquaint You that the Petition from the 
principal Possessors of the Islands in the Eiver Dela- 
ware has been laid before His Majesty's Council, and 
will have all that Attention which its Importance de- 
serves, nor will the Representations you make of the 
Situation of Yourself, & the Chief Justice, be unat- 
tended to as I am confident that His Majesty and His 
Servants will be pleased to find an Opportunity of giv- 
ing all reasonable Satisfaction to every Officer of the 
Crown employed in the Colonies who is attentive to 
His Duty there, and found deservhig of such Marks of 
Favour as can with Justice & Propriety be granted. 

I am &c^ 

H. S. Conway. 



Letter from Gov. Franklin to Secretary Conway — 
relative to the Act for establishing a Stamp duty 
in America, enclosing copies of letters from Wil- 
liam Coxe, General Gage and others. 

[From P. R. O. America & West Indies, Vol. 172 (190).] 

Burlington, New Jersey Sept- 23'! 1705 

Et. Honble Henry S. Conway Esq. 

Sir 

I have the Honour of receiving your Letter of the 
12'." of July, notifying your Appointment to the Sec- 
retaryship for the Southern Department, and signify- 



1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 493 

ing His Majesty's Pleasure that I should, for the 
future, direct my Dispatches to you. 

Be pleased, Sir, to permit me to present my dutiful 
Eespects & Congratulations to you on the Occasion.— 
You may rely, Sir, that I shall not fail transmitting 
to you an Account of every Matter of Importance to 
His Majesty's Service which may from Time to Time 
arise within this Province. 

The principal Matter which agitates the Minds of 
the People, & indeed seems to ingross all Attention, is 
the Act of Parliament for estabhshing a Stamp Duty 
in America. I had lately a Meeting with the Assem- 
bly of this Province, and had the Pleasure of finding 
that, notwithstanding the Phrensy which prevailed in 
other Colonies, they were determined to conduct them- 
selves on the Occasion as became sober, dutiful and 
loyal Subjects. The Assembly of Massachusets Bay 
requested them to send a Committee to New York, in 
order to join in a Remonstrance against the Act ; but 
they refused, in the manner you will see by the en- 
closed Copy of their Letter to the Speaker. And from 
the whole of the Conduct of the People of this Prov- 
ince, I am convinc'd that altho' many of them have 
Objections to the Act, yet none of them would have 
endeavoured to prevent its Execution by Violence or 
otherwise. The Person who was appointed Distributor 
of Stamps for New- Jersey has, however, taken Fright 
at the outrageous Proceeding which have happened in 
other Colonies, & resigned his Office without even en- 
deavouring to execute it, notwithstanding he had 
entered into a Bond of Three Thousand Pounds Pen- 
alty, that he would do all in his Power to carry it into 
Execution. He was assured from me, that he should 
have all the Protection which the Powers of Govern- 
ment could afford, & that if they should prove insuffi- 
cient I would call upon General Gage for the Aid of 
the Military, but he could not be prevail'd on to act, as 



494 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 

you will see, Sir, by the Copy of his Letter and my 
Answer, enclosed. I have, therefore summoned all 
the Members of Council to meet here on Tuesday next, 
(which is as soon as they can be got together) in order 
to ask their Advice on the Means proper to be taken 
for the Preservation of the Stamps, when they arrive. 
In the mean Time, I have wrote to the General to 
know if I could receive any Assistance from him, in 
case it should be necessary ; and he has promised that 
the Aid of the Military shall not be wanting. My Let- 
ter to him, & his Answer, are enclosed. 

Altho' I am not particularly empowered, by Instruc- 
tion from His Majesty, to appoint an Officer for dis- 
tributing the Stamps, upon the Office becoming vacant 
(as I am upon any Vacancy in the Customs) yet I look 
upon myself to be authorised, by the Nature of my 
Commission, to appoint Persons to execute all such 
Offices till others are duely appointed. I shall there- 
fore, not only do all in my Power to preserve the 
Stamps when they arrive, but, if necessary, endeavor 
to get some proper Person to undertake to distribute 
them, until His Majesty's Pleasure shall be Signified. 
I am, with the greatest Respect, Sir, 

Your most obedient & most humble Servant 

W" Franklin 



Letter from Gov"" Franklin to Genl Gage. ■ 

Burlington Sept' 14, 1765 
Sir 

The Person a])pointed Distributor of Stamps for this 
Province having resigned his Office on Account, as he 
says, of the Intimations he had received that both his 
Person & Property would otherwise be endangered, & 
having likewise refused to take charge of them on 
their Arrival here, it becomes my Duty to do all in my 
Power for the Preservation of what is of so great Im- 



1765] ADMINISTIIATION OF GOVERJ^OE FRANKLIN. 495 

portance to His Majesty's Revenue, I have Summoned 
the Council to meet here on Tuesday the 24*!' Instant, 
to ask their Advice on the Occasion ; and, as I have 
Reason to think it will be their Opinion that the 
Stamps should be plac'd in the Barracks in this City, 
under a Gruard, until His Majesty's Pleasure should 
be known thereon ; and as it may be dangerous to 
employ the Inhabitants in that Service, considering 
the Risque there is of their being infected with the 
Madness which prevails among the People of the 
neighbouring Provinces, I should be glad to be in- 
formed by you, Sir, Whether if I should find it neces- 
sary to call upon you for the Aid of the Military, I 
may be assured of receiving it. I imagine that about 
60 Men, with Officers, will be Sufficient, as the Bar- 
racks may be easily made defensible. 

Your Answer to this, in Time to be communicated 
to the Council at their Meeting, will much oblige him 
who is, with great Esteem & Regard, 

Sir, Your most obedient humble Servant 

W" Franklin 

P. S. By what I can learn, the Stamps are not ex- 
pected here till Some Time next Month, 



General Gage's Answer to the above. 

New York, Septv 16. 1765 

His Excellency Gov^ Franklin 
Sir 

I have the Honour of your Letter of the 14V' Instant, 
and take the earliest Opportunity of informiug you, 
that you may depend upon the Aid of the Military 
that you demand, & seem to think necessary for the 
Preservation of good Order in the Province of New 
Jersey. 

The Troops are at present a good deal dispersed, but 



496 ADMINISTKATION OF GOVERNOR FRANKLIN. [1795 

I shall give Orders for their being immediately assem- 
bled, and One hundred Men, w^ith proper Officers, 
shall be ready to march at your Requisition. I beg 
leave to remark that the sooner you come to a final 
Resolution, the more effectual Service the Troops are 
likely to be of. 

I am, with great Regard, 

Sir Your most obed' hum Servant 

Tho' Gage 



Letter from the Speaker of the Assembly of 
New Jersey, in Answer to a Letter from 
the Speaker of the Assembly of Massachu- 
setts Bay. 

Burlington, June 20, 17()4. 

To S. White, Esq'' 
Sir, 

Yours of the >;*? Instant came opportunely to my 
Hands on the last Day of the Sitting of our Assembly. 
Having communicated it to them, they took it into 
deliberate Consideration, and desired me to inform, 
through you, the General Court of the Massachusetts, 
That though they are not without a just Sensibility 
resj^ecting the late Acts of Parliament affecting the 
Northern Colonies, yet apprehending, whatever Rea- 
sons may be thought proper to be urged against them 
may be better received after some Time elapse; our 
Assembly, on that Account, & because the Trade of 
this Province is insignificant in comparison of others, 
are unanimously against uniting on the present Occa- 
sion. They, however, cannot but wish such other 
Colonies as think proper to be active, every Success 
that they can loyally and reasonably desire. 

I am. Sir, Your most hum. Serv* 
RoB^ Ogden, Speaker 



1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 497 

Letter from William Coxe, fisqf (^appointed Dis- 
tributor of Stamps for New Jersey) to Gov- 
ernor Franklin. 

Philadelphia Sepf 3, 1765. 

To His Excellency Gov'^ Franklin. 

Sir, 

I think it incumbent upon me to acquaint your 
Excellency, that on my Return from New-Jersey, 
on Sunday last, I came to a Eesolution to Surrender 
the Office of Distributor of Stamps for that Province 
to the Lords Commissioners of the Treasury. 

My Resignation, & the Reasons for it, I have sent 
to their Lordships this Day, and, if any Papers come 
to my Hands relative to that Office, I shall transmit 
them to your Excellency as the pi^oper Pei^son to re- 
ceive them, but I think it most probable my Letters 
may arrive in England before any Commission or 
Stamps are sent away. 

I am. Sir, Your most obed- Servant 

Will: Coxe 



Gov'". Franklin's Answer to the above. 

Burlington, Sept!" 4, 1765 

Y^"^ Coxe Esq. 

Sir, 

I received yours of Yesterday, acquainting me with 
your having resigned the Office of Distributor of 
Stamps for New Jersey, I must own myself not a little 
Surpriz'd at the Information, as I have not yet had 
the least Reason to apprehend but that the Act might 
be quietly carried into Execution throughout this 
Province. It is true, that the Inhabitants here have 
their Objections to the Stamp Act, as well as those of 
32 



498 ADMIXISTKATION OF GOVERNOR FRANKLIN. [1765 

the other Colonies, biA I have not heard of any Design 
among them to oppose its Execution by Violence or 
otherwise. All of them with whom I have conversed 
on the Affair seem to think that they are as much 
bound to pay (Jbedience to their Act as they are 
to the Acts laying Duties on Trade, & those other Acts 
relative to the Colonies which they have heretofore 
obeyed, and that, as good Subjects, they ought not to 
make any Opposition to the Act, now it is pass'd, till 
they have first try'd all dutiful Means of obtaining 
Redress of such Grievances as it may occasion. 

These likewise (to do the Americans Justice) seem 
to be the Sentiments of the most Sober discreet Men 
of every Province. 

As to sending me the Papers which may come to 
Your Hands relative to the Office, it can answer no 
good Purpose whatever, as I am not impowered to 
appoint any Person to execute it. But I cannot help 
thinking, as you made Application for the Office, that 
you are bound in Honour to endeavour, at least, to 
carry it into Execution. The ill Consequences, after 
the Act takes place, which might result, for Want of 
the Stamps, to every Inhabitant who has any Deahngs 
and other Mischiefs which may be brought on the 
Province on Account of their being supposed by our 
Superiors at home to have pi-evented your exercis- 
ing the Office, must otherwise lie at your Door. At 
any Rate, it is your Duty to keep the Papers until 
some Person shall be appointed to Succeed you. 

Thus much. Sir, I am induced to mention to you, 
not only from a Sense of my Duty to the Crown, but 
out of the Regard I have for the Interest & Character 
of the People of this Province. 

I am, Sir Your most hum : Serv^ 

W" Fkanklin 



1765] ADMINISTKATIOM OF GOVERNOR FRANKLIN. 499 



Letter from Governor Franklin to the Lords of Trade, 
relative to the ferment among the people of America 
in general, with respect to the Stamp Act. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 49.] 

Burlington, New Jersey Oct-' 1<>, 1765 
Sir 

I wrote to your Lordships the 8*^ of August acquaint- 
mg you with the Transactions of the last Sessions of 
General Assembly, and at the same time transmitted 
the Minutes of Council, and the Acts that were then 
passed. I now send a printed Copy of the Votes of 
the House of Representatives lately published. 

Your Lordships must have heard before this can 
reach you, of the great Ferment among the People of 
America in General, on Account of the Stamp Act. I 
have had the pleasure to see Peace and good Order 
preserved throughout this Province, notwithstanding 
the many inflammatory Publications which have been 
circulated here from the neighbouring Governments, 
with a View of exciting in the Inhabitants of New 
New Jersey the same Spirit of Riot & Violence which 
has appeared in the other Colonies. The Person ap- 
pointed Distributor of Stamps has, however, thought 
proper to resign his Office, owing chiefly, I am con- 
vinced, to his timid Disposition, and the Sollicitations 
of his Friends in Pennylvania. As, by this Means, 
the Care of Stamp'd Papers for this Province, on their 
Arrival in America, becomes my Duty, [I] Immediately 
summoned a Meeting of his Majesty's Council, in order 
to consult them on the Measures necessary to be taken 
for their Security. 

A Copv of the Minutes containing their Advice on 
the Occasion I send herewith. All the Precautions 
therein recommended were directly taken ; and I have 



500 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 

just heard from Capt. Hawks, that he has, in Pursu- 
ance of my Request, receiv'd the Stamps destined for 
this Province on Board His Majesty's Ship Sardoine, 
& will keep them if necessary, till the Winter, when 
he is oblig'd to lay up the Ship in Harbour. 

I have as yet receiv'd no Directions relative to the 
Stamp'd Papers, but hope I shall before the First of 
November, as I do not think I shall find any Gentle- 
man in the Province (who is of Fortune sufficient to 
give the Securities required of the late Officer) that 
will undertake to be the Distributor of Stamps ;— the 
Office being now, by one Means or other, become very 
obnoxious to the People. I shall however, do all in 
my Power to have the Stamps properly secured till I 
can know His Majesty's Pleasure therein. 

I have the Honour to be, with the greatest Respect, 
My Lords, Your Lordships 

most obedient & most humble Servant 

W? Franklin 



Lieutenant-Governor Colden to Secretary Comvay. 

[From New York Colonial Documents, Vol. VII., p. 767.] 

New York 12'" October 1765 
Sir (Extract.) 

Since the last which I had the honour to write to 
you of the 23'' of September this town has remained 
quiet The Inflammatory Papers continue to be pub- 
lished, exciting the People to oppose the execution of 
the Act of Parliament for laying a Stamp Duty in the 
Colonies. The most remarkable of these Papers is en- 
closed. This was distributed along the Post Roads by 
the Post Riders. I examined the Post Master in this 
place to know how this came to be done. He assured 
me that it was without his knowledge ; that he had 



I7fi5] ADMINISTRATION OF GOVERNOR FRANKLIN. 501 

examined the Post Riders and found that one or more 
Bundles of them were dehvered at Woodbridge, New 
Jersey, to the Post Rider, by James Parker Secrettary 
to the General Post Office in N America. Parker was 
formerly a printer in this place and has now a Print- 
ing Press and continues to print occasionally. It is 
believed that this Paper was printed by him. The 
Gentlemen of the Council think it prudent at this time 
to delay making more particular inquuy least it 
should be the occasion of raising the Mob which it is 
thought proper by all means to avoid. * * * 
The Committee of the several Colonies are now in this 
place, what they are doing or design to do I know not. 

I am with the greatest respect and submission 
Sir, Your most obedient and faithful Servant 

Cadwallader Colden 

j^t jjQn"'^ Henry S. Conway Esq' 



Letter from Hon. H. S. Conway, Under Secretary 

of State, to Governor Franklin, commenting upon 
the proceedings of tlie Colonies, and authorizing 
Mm, if necessary, to ccdl upon tJie Commander of 
the land and naval forces for assistance. 

[From a Copy in the Skinner Papers among the Manuscript of W. A. Whitehead, 
Volume I., No. 78.] 

St. James, 2ith October, 1TG5. 
Sir 

It is with the Greatest Concern that his Majesty 
learns the disturbances which have arisen in some of 
the North American Colonies. If this Evil should 
spread to the Governra' of New Jersey where you pre- 
side, the utmost Exertion of your prudence will be 
necessary so as justly to Temper your Conduct between 



503 ADMINISTRATIOX OF GOVERNOR FRANKLIN. [1765 

that Caution and Coolness which the Dehcacy of such 
a situation may demand on One hand, and the vigour 
necessary to suppress Outrage and Violence on the 
other. It is impossible at this Distance to Assist you 
by any particular or positive Instructions, because you 
will find yourself necessarily Obliged to take your 
Eesolution as particular Circumstances and emergen- 
cies may Require. 

His Majesty and the Servants he honors with his 
Confidence Cannot but lament the ill advised Intem- 
perance shewn already in some of the Provinces, by 
taking up a Conduct which Can in no way Contribute 
to the Removal of any Real Grievance they might 
labour under, but may Tend to Obstruct and impede 
the exertion of his Majesty's benevolent intention to 
the Ease and Comfort as well as the wellfare of all his 
people. 

It is hoped and expected, that this want of Con- 
fidence in the Justice and Tenderness of the Mother 
Conntry, and the Open Resistance to its Authority can 
only have found place among the lower and more 
ignorant of the people; The Better and wiser j^art of 
the Colonies well know that Decency and submission 
may prevail not only to redress Grievances, but to 
obtain Grace and favour; while the Outrage of a pubhc 
violence can Expect nothing but severity and Chastise- 
ment. These sentiments you and all his Majesty's 
servants, from a sense of your duty to, and love of, your 
Country wiU Endeavor to excite and Encourage; You 
will all in a particular manner call upon them not to 
render their Case desperate: You will in the strongest 
Colours Represent to them the Dreadfull Consequences 
that must inevitably attend the forceable and Violent 
Resistance to Acts of the British Parliament, and the 
sense of Misery and Calamity to themselves and of 
Mutual weakness and distraction to both Countries in- 
seperable from such a Conduct. If by lenient and per- 



1765] ADMINISTRATION OF GOVERNOR FRANKLIN. 503 

swasive methods You Can Contribute to restore that 
peace and Tranquility to the Provinces on which their 
welfare and Happiness depend, You will do a most 
acceptable and Essential service to Your Country; But 
having taken every step with the utmost Prudence 
and Lenity can Dictate in Compassion to the folly and 
Ignorance of some misguided people, You will not on 
the other hand fail to use Your utmost power for the 
repelling all Acts of Outrage and violence, and to pro- 
vide for the maintenance of peace and good order in 
the Province by such a timely Exertion of force as the 
Occasion may require; for which purpose you will 
make the proper application to General Gage or Lord 
Colvill, Commanders of his Majesty's Land and Naval 
Forces in America : For however unwillingly his 
Majesty may Consent to the Exertion of such powers 
as may endanger the safety of a single subject, Yet he 
cannot permitt his own Dignity and the Authority of 
the British Legislature to be trampled on by force and 
violence, and in avowed Contempt of all Order, duty 
and Decorum; If. the Subject is agrieved he knows in 
what manner Legally and Constitutionally to apply 
for Eelief, But it is not Suitable Either to the Safety 
or Dignity of the British Empire that any individuals 
under the pretence of Redressing Grievances, should 
presume to Violate the Public Peace. 

I am &c 

H S Conway 



504 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 



Representation from the Bishop of London to the 
Lords of Trade destining their instructions to the 
Governor of New Jersey, that, for the future, 
marriage licenses inay he directed only to a Protes- 
tant minister of the Gospel there. 

IFroin P. R. O. B. T., New Jersey, Vol. 9, K 48.] 

Nov. 12. 1TG5 

The Bishop of London at the request of the Clergy 
of the Province of New Jersey begs leave to represent 
to the Lords of Trade and Plantations, that by an old 
Law the Licences for Marriages are directed to any 
Protestant Minister or Justice of the Peace, which 
however necessary at the first Establishment of the 
Colony to facilitate Marriages, when there were few 
Ministers in the Country, seems at present not only 
prejudicial to the Clergy, who are depriv'd of a con- 
siderable part of their Income, but gives occasion to 
many Inconveniences and abuses. 

It appears by a letter from New Jersey dated Dec- : 
20^'' 17(30, that the Clergy of that Province petitioned 
their Governor (M' Boone) to alter the Direction of the 
Licences. By his Answer He did not think himself 
authoriz'd by his Instructions to comply with their 
Petition, as He thought such an Alteration must take 
place by Order of the Lords of Trade upon the Bishop 
of London's Application, 

The Clergy of New Jersey . have repeated their re- 
quest to the Bishop of London, who hopes, that the 
Lords of Trade and Plantations will take the matter 
into Consideration, and if they see no particular Ob- 
jections will give their Instructions to the Governor of 
that Province, that for the future Marriage Licences 
may be directed only to a Protestant Minister of the 
Gospel. 



1765] ADMIISriSTRATIOlSr OF GOVERNOR FRANKLIN. 505 



Letter frotn Governor FranhUn to the Lords of Trade, 
transmitting a copy of the Minutes of Council — 
Tlie seditious spirit from, the neigJiboring Colonies 
is beginning to appear in New Jersey — At the last 
Supreme Court only criminal matters were trans- 
acted—The lawyers have entered into an agree- 
ment ilot to act uitdcr the Stamp Law. 

[From P. R. O. B. T., New Jersey, Vol. 9, K. 51.] 

Burlington, Nov!' 13. 1765 
To the Lords of Trade 

My Lords, 

Your Lordships Letter of the 23'! of August I have 
just had the Honour to receive. The Directions it 
contains with respect to the Correspondence to be 
carried on with your Board I shall not fail to observe, 

I acquainted your Lordships, in my Letter of the 
10^" of last Month, with the Steps I had taken for the 
Preservation of the Stamps destined for this Province, 
upon the Resignation of the Person appointed Stamp 
Distributor. I was in hopes that before the time the 
Act was to take Place, I should have received some 
Orders or Instructions from His Majesty's Ministers 
relative to the carrying the same into Execution. But 
as none came by the last Pacquet, which left England 
about the Middle of September, I summoned His 
Majesty's Council for this Province, in order to consult 
them on the Occasion. Their Opinion and Advice are 
contained in the Minutes enclosed, to which I must 
beg leave to refer your Lordships, as they contain a 
true State of the Difificulties we are under on Account 
of the Stamp Act. 

Nothing in my Power has been wanting to preserve 



506 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 

the Quiet of the Province, and I had the Satisfaction 
to find, that, notwithstanding the Commotions which 
prevailed for several Months past in the neighbouring 
Governments, the Inhabitants of New Jersey till very 
lately demean'd themselves as became peaceable & 
loyal Subjects. But the many seditious inflammatory 
Writings which have been circulated thro' this Prov- 
ince from the Colonies on each side of us, have, at 
length raised the same kind of Spirit here which has 
so long appeared there, and the greatest Address is 
necessary to prevent its producing the same outrage- 
ous Consequences. 

We are indeed particularly circumstanced in this 
Province, with regard to the Stamp Act; for, even if 
there were no Opposition given to it, it could not be 
put in Force, as no Commission or Instructions for the 
Purpose are yet come to hand, if sent from England 
and without them the Person nominated to be Dis- 
tributor of Stamps could not be qualified to execute 
the Office, were he so inclined. — I hear that in the 
neighbouring Colonies the People intend to force the 
Officers of the Government to carry on Business as 
formerly, without any Regard to the Stamp Act, and, 
if they succeed in the Attempt, I doubt not but the 
People of New .Jersey will follow their Example. At 
the last Supream Court held there the 5'" Instant no 
Business was done except what related to Criminal 
Matters; The Lawyers have entered into an Agree- 
ment not to act under the Stamp Law:' And as the 



1 The lawyers of New Jersey have the credit of being the first to make an effec- 
tive opposition to the Stamp Act. At a meeting of the leading members of the 
profession, held at Perth Amboy on the 19th of September, 1705, it was mianimous- 
ly resolved that they would not make use of the stamps for any purpose or under 
any circumstances. On the following day >Jhief-Justice Smyth invited the members 
of the bar to a conference on the subject, and inquired of them in the first place, 
" Whether if the stamps should arrive, and be placed at the city of Burlington by 
or after the first of November, they would, as practitioners, agree to purcliase 
them for their necessary legal proceedings?" lu reply they said: "That they 
would not, but rather suffer their private interests to give way to the public good, 



1765] ADMINISTRATION" OF GOVERNOR FRANKLIN. 507 

publick Officers think that they should not be safe in 
acting contrary to it, there is a Stop put, in a great 
Degree, to all publick Business. We cannot, to be sure, 
continue long in this Situation, but the Event is not a 
little dreaded by many. 

I am, with great Respect, My Lords, Your Loi^d- 
ships most obedient & most 

humble Servant 

W".' Franklin 



Letter from Governor FranMin to Secretary Conway, 
in relatiuu to the Stamp Act, and the trouhtes 
therefrom f^preading from the neighbouring Prov- 
inces into New Jersey — The Minutes of the Coun- 
cil and Notes of the Assembly are sent in order to 
form a true judgment of the situation of the 
Province. 

[From P. R. O. America and West Indies, Vol. 17:2 (190).] 

BuRLiNGTON-New Jersey-Nov'" 80^" ITCS 

To the Eight Honorable Henry Seymour Con- 
way, Esq"" Secretary of State. 

Sir, 

I did myself the Honour of writing to you the 23'! of 
Sept^ last, when I imformed you of the Resignation of 
the Person appointed Distributor of the Stamps for 
this Province, and the then quiet Disposition of the 

protesting against all riotous proceedings." They were then asked : "Whether, in 
their opinion, the duties could possibly be paid in gold and silver'/" Their reply 
was: " They could not be paid in gold and silver even for one year." The Chief - 
Justice finally asked them: " Whether as the act required the Governor and Chief - 
Justice to superintend the distribution of stamps, he would be obliged to accept 
the appointment of distributor, in case the Governor should fix upon him for that 
oflace?" They answered : "That the Governor was not empowered by the act to 



508 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 

Assembly and People with regard to the Stamp Act. 
Since which, Matters have taken a different Turn. 
The Infection has Spread, and a great Part of the In- 
habitants of this Colony are now become actuated with 
the same kind of spirit which before raged so furiously 
in the neighbouring Provinces. They have not as yet, 
indeed, proceeded the same Length in Acts of Riot & 
Violence, but the most prudent Management has been, 
& still is, necessary to prevent them. That you may, 
however, Sir, be enabled to form a true Judgment of 
the Situation we are in with regard to the said Act, I 
have enclosed a Copy of the last Minutes of the Coun- 
cil, and the Votes of Assembly. 

I have the Honour of receiving your Letter of the 
li*?* of Sei)t!' relative to the Islands, and am extremely 
happy in the kind Assurances it contains. It will ever 
be my highest Ambition so to conduct myself as to 
merit the Approbation of His Majesty and his 
Ministers. 

I have the Honour to be, with the greatest Respect, 
Sir, Your most obedient & most 

humble Servant 

W^ Franklin 



appoint, and if he was it was left at the option of the Chief -Justice whether to ac- 
cept or not; and that it would be incompatible with his office as Chief -Justice. " 
The result was that the courts of justice were shut up. This was productive of so 
much inconvenience that efforts were maile to induce the lawyers to transact busi' 
ness without the use of stamps. Some of them would have chearfully acceded to 
this proposition, but others thought that they had gone far enough in simply refus- 
ing to buy stamps and quietly await the issue. But another meeting of the bar was 
at last decided upon, and this was lield in New Brunswick, February 13, 1766. Here 
the " Sons of Liberty " came in great numbers from different parts of the province, 
and by them the lawyers were strongly urged to return to the business of thei*' 
profession, regardless of stamps, and to use their influence to have the courts of 
justice once more opened. The meeting finally decided, in order " to preserve that 
happy state of peace and tranquility which has, by the blessing of God, hitherto 
been maintained in this Province of New Jersey, to desist from their practice till 
the first day of April next, and if they receive no accounts from the Parliament be- 
fore the said day of April, they will in such case, begin their practice as usual, or 
sooner, if earlier accovmts are received." The " Sous of Liberty " were notified of 
these proceedings by a committee appointed for that purpose, and they were also 
assured that unless the Stamp Act was suspended or repealed, the members of the 
bar would join in opposition to It with their lives and fortunes. The Stamp Act was 
soon after repealed. (See also note on Judge Smyth, page 475.) 



1765] ADMINISTEATION OF GOVERNOR FRANKLIN. 509 

Minutes of Council, Nov^. 6*.'^ 1765. 

At a Council held at Burlington, on Wednesday 
the 6th Day of November, 1T65, 

Present, 

His Excellency William Franklin, Esquire, 

Governor. 



Esquires, of His Maj- 
esty's Council. 



The Hon. David Ogden, 
Charles Eead, 
John Smyth, 
John Ladd, 
James Parker, 
Frederick Smyth, ^ 

His Excellency laid before the Board a Letter from 
Lord Stirling to him, dated at Baskenridge, the 3d 
Instant, as follows, viz. 

Dear Sir, 

On Friday, by Express, I received the Notification 
of your Excellency's Order for a Meeting of the Coun- 
cil of this Province, at Burhngton, on Tuesday the 5th 
Instant: By the same Express I wrote the Secretary, 
the State of Health I was then in, which would render 
my Attendance uncertain. Yom- Excellency may be 
assured, that it would give me very great Satisfaction 
to be present at this Meeting, as I am conscious that 
there never was a Meeting of the Council at a more 
critical Conjuncture, Dor one that required more Pru- 
dence in deliberating and determining: But the Rheu- 
matick Pains I now feel in every Limb and Joint, ren- 
der it, I think, very dangerous for me to undertake a 
long Journey at this uncertain Season of the Year: 
However, as I cannot attend in person, I think it my 
Duty to send your Excellency my Sentiments on the 
Matters which I apprehend will then be offered to the 



510 ADMINISTRATION OF GOVERNOR FRANKLIN. [1765 

Council for their Advice, People in general, in this 
and the two adjoining Provinces, seem to be deter 
mided, by deferring Business, to avoid the Use of 
Stamped Papers as long as possible. This Province is 
so situated between the two great Trading Cities -of 
Philadelphia and New York, that it has but little For- 
eign Trade of its own; consequently, its Use for the 
Stamped Papers is chiefly to Inland or Home Business, 
which can be deferred awhile without any very great 
Inconvenience: It is not so with the Cities I have 
mentioned; their Marine Trade makes the Difficulties 
much greater to them, and therefore, in this Matter, I 
would be for letting them lead the Way; besides the 
Stamps are now in a Place of Safety, and it can be of 
no Detriment to the King's Revenue to let them re- 
main there until they are wanted, or until in the Busi- 
ness of this Province, they are called for; and before 
that happens, 'tis not unlikely the Stamp Act may be 
repealed, or that your Excellency may receive further 
Instructions from His Majesty on this Head; in either 
Case your Council will be better able to advise your 
Excellency than they are at present; nor would I 
advise your Excellency, at this Juncture, to appoint a 
Distributor of the Stamps; such an Officer cannot be 
necessary until the Stamps are wanted, and the Ap- 
pointment of one till then would be only raising up 
an Object to the Resentment of an enraged, and, as 
they think, an injured People. In the state Men's 
Minds are at present, I believe it is best to avoid every 
step that can irritate, or that can discover a Distrust 
of the good Behaviour of the People ; a contrary 
Behaviour, as I am ' informed, brought Lieutenant 
Governor Colden into very disagreeable Circumstances. 
Your Excellency's Prudence in the Management of 
this Affair, I make no Doubt, will insure the Peace 
and Quiet of this Province. I will, on the whole, take 
the Liberty to advise your Excellency to endeavour to 



1765] ADMIlSriSTKATION OF GOVERNOR FRAKKLIN. 511 

prevail on Captain Haw^ker to keep the Stamped 
Paper, &c. in Safety, on board His Majesty's Ship, 
until something further occurs ; and, in the mean 
Time, to avoid every Measure on this Subject, that 
can become Matter of Altercation among the People. 
These are my real Sentiments as one of your Excel- 
lency's Council, for the Good of His Majesty's Service; 
and, if your Excellency finds it expedient, they may 
be entered as if I was present in Council. 

I am, Your Excellency's most obedient 

and most humble Servant. 
Stirling. 
Baskenridge, Nov. 3, 1765. 



A Letter from Mr. Stevens, apologizing for his Non- 
attendance, was likewise read Mr. Kemble and Mr. 
Woodruffe also sent Apologies. 

His Excellency communicated to the Board the Let- 
ters he had received from Governor Colden, Capt. 
Kennedy, and Capt. Hawker, in Answer to those he 
had wrote to them in Pursuance of the Advice of the 
Council, at their last Meeting. Their several Letters 
are as follows: 

Fort George, New York, Sept. 29, 1765. 

Sir, 

I Have the Honour of Your's of the 25th, desiring 
me to lodge the Stamp'd Paper, for your Province, in 
the Fort. You may be assured that I shall take all 
the Care in my Power to have them preserved, in Case 
they come to this place. This Fort is now full of Men 
and military Stores, so that I have no Place to lodge 
them but in the Governor's House, which may be very 
inconvenient to Sir Harry Moore, who may be soon 
expected, and probably comes in the same Ship which 
brings the Stamp'd Paper for this Place. — May it not 



512 ADMINISTKATION OF GOVERNOR FRANKLIN. [1765 

be as Safe, and more convenient, to have your Stamps 
put on Board one of the King's Frigates now here, 
who may land them at any Time and Place you may 
think proper. 

I have received no Kind of Directions in relation to 
the Stamp'd Papers. 

I am, with great Regard, Sir, your most 
obedient and most humble Servant, 
Cadwallader Golden 



New^ York, Oct. 4, 1765. 
Sir, 

Immediately, on receiving Your's of the 1st Instant, 
I waited on Governor Golden, in order to consult with 
him in regard to the Particulars you therein mention 
concerning the Stamp'd Papers, that is expected to 
arrive at this Port, for the Province of New Jersey. — 
I desire to acquaint you, that the G-overnor still per- 
sists he cannot conveniently receive them into the 
Fort; and, at the same Time, must represent to you 
the many inconveniences that would attend taking 
them on Board any of His Majesty's Ships that are 
stationed here. — In the first Place, as there is no Store 
Room on Board, where any quantity of Paper could be 
lodged without running the Risque of its getting 
damped, and being otherwise so damaged, as might ren- 
der Part of it useless. Then you will please to consider 
that the Ships are always to be kept so as to proceed on 
immediate Service when ordered. And again, as the 
Ships will soon, from the season of the Year, be obliged 
to bawl along side the Wharfs, where they remain for 
the Winter, you will naturally conclude, as they are 
all princi})ally mann'd by Men impress'd into the 
Service, and it being impossible in that Situation to 
prevent many deserting, that the Ships can afford but 
very poor Protection. However, if Mr. Golden should, 



1765] ADMINISTRATION OF GOVERNOK FRANKLIN. 513 

on their Arrival, refuse to receive them into the 
Fort, you may depend that I will do every Thing in 
my Power for protecting the Paper, and the Ship that 
may bring it; but must more maturely consider of the 
Methods which I can take, as likewise the Propriety 
of taking it on Board any of the King's Ships: On 
which Head I shall write to Lord Colville by the first 
Opportunity. 

I am, Sir, Your most obedient humble Servant, 

Arch'' Kennedy. 

His Excellency Governor Franklin. 



Sardoine, Newcastle, Oct. 3, 17()5. 
Sii\ 

I Received your Excellency's Letter on the 1st 
Instant, desiring my Assistance in securing the Stamps 
for the Province of Jersey, together with the ]\iinutes 
of His Majesty's Council on that Head; and the same 
Day the Ship Royal Charlotte, Capt. Holland arrived 
here with them on board his Majesty's Ship under my 
Command, as soon as they can be conveniently got at, 
the Vessel now lying under my Protection, and will be 
assisting in any other Measure which may be thought 
necessary towards lodging them in a Place of Safety. 
There are some few King's Tenders on the American 
Station; there was one in Delaware lately, but she is 
gone; besides, I am informed, there is not Water 
enough for her to go to Burlington. I will land them 
any where along the Jersey Shore that may be thought 
convenient, and proper Persons to receive them, I must 
beg also to inform you, that it will be necessary you 
should provide some Place of Security towards Winter, 
as then I shall be obliged to take every Thing out of 
the Ship, in order to lay her up. Neither can I so weU 
answer for the safety of the Stamps, as all the Guns 
will be out. 

You, Sir, and the Gentlemen of the Council, may 
33 



514 ADMINISTKATION OF GOVEKNOR FRANKLIN. [ 1?65 

rest assured, I will, at all Times, act with Chearfulness 
in any Thino; that relates to His Majesty's Service. — 
A.2:reeable to your Desire of my sending the earhest 
Intelligence, I send this Express. 

I am, with great Regard, Sir, Your 

most Humble Servant, 

James Hawker. 
To his Excellency W. Franklin, Esq. 



His Excellency acquainted the Board that he had 
sent the following Answer to the Letter from Capt. 
Hawker, viz. 

Burlington, October 6, 1Y65. 
Sir, 

I am extremely obliged to you for the Readiness 
with which you complied with the request of myself 
and His Majesty's Council, with Regard to the Stamps 
destined for this Province. As we have no Place of 
Defence in the Colony, and as it would be imprudent 
to trust to the People in their present Ferment, I must 
desire that you would keep them on Board till I can 
receive His Majesty's Ordei's, in what manner to dis- 
pose of them. It is probable they \vill arrive before 
the first of November, but if they should not, and you 
cannot keep the Stamps longer, I will then endeavour 
to faU upon some other Method for their Security. 
I am, with great Regard, Sir, 

Your most Humble Servant, 

W. Franklin. 



His Excellency having thus informed the Board of 
the several Measures he had taken for the security of 
the Stamps hitherto, desired their Opinion and advice 
of the following Heads, viz. 

I. Whether the Governor has Authority to appoint a 
Distributor of the Stamps, as Mr. Coxe has acquainted 



1765] ADMINISTRATION OF GOVEKNOK FRANKLIN. 515 

him, that he has sent his Resignation to the Lords 
Commissioners of the Treasury, and perseveres in his 
Refusal to carry the Act into Execution ? 

IT. Do the Council know of any Gentleman in the 
Province, of Fortune sufficient to give the Security, 
required of Mr. Coxe, by the Commissioners of the 
Stamp Duty, who would undertake to exercise the 
Office, if the Governor would commissionate him for 
the Purpose ? 

III. Do the Council think any Person will be safe in 
undertaking the Execution of the Office of Stamp Dis- 
tributor in this Province ? 

IV. Whether as Mr. Coxe has informed the Gover- 
nor, that he has received no Commission, or Instruc- 
tions from England, empowering him to execute the 
Act, it would be legal or justifiable for the Officers of 
this Government to let the pubhc Proceedings go on 
in the usual Manner, in order to prevent a Stop being 
put to the Administration of Justice throughout the 
Colony, as must otherwise, in a great Measure, be the 
Consequence ? 

V. Whether the Governor can, consistent with his 
having taken the Oath directed by the Stamp Act, put 
the Seals to Writs and Papers in the Manner as has 
been customary for him to do, until an Officer appears 
duly ai^pointed and undertakes to carry the Act into 
Execution ? 

VI. What steps do you think most proper to be 
taken for the Preservation of the Stamps destined for 
New Jersey, after Capt. Hawker shall be obliged to 
lay up his Ship for the Winter ? 

The Council desired, previous to their coming to any 
Determination on the Matters pro})osed by the Gover- 
nor, that as Mr. Coxe, the person appointed Distribu- 
tor of Stamps for this Province, and who resides at 
Philadelphia, was here on his private Affairs, he should 
be sent for to attend the Council. 



516 ADJIINISTIl.VTIOISr OF GOVERNOR FRANKLIN. [1765 

Mr. Coxe was sent for, and attended accordingly ; 
when the following Qnestions were put to him, to 
which he made the Answers subjoined, viz. 

I. Have you received any Commission for distribut- 
ing of Stamps in New Jersey ? 

Answer. No. Nor do I know that any such Com- 
mission is in Being. 

II. Or any Instructions from the Commissioners of 
Stamps in England ? 

Answer. Nothing more than to sign the Bond, and 
Orders to acquaint them of the Quantity which would 
be wanted for six Months. 

III. Are any Stamps arrived directed to be distrib- 
uted in New Jersey ? 

Answer. I know of none of my own Knowledge ; 
but have been told there were some Packages of 
Stamps marked W. C. and that by Bill of Lading, 
they were consigned to Mr. John Hughes, of Philadel- 
phia ; but I have not myself received either Bill of 
Lading, or Letter of Advice. 

IV. Do you think, as you have not received any 
Commission or Instructions relative to the Stamps in 
New Jersey, that you could legally undertake the 
Execution of the Office, supposing that there was no 
Likelihood of any Opposition being given to it, and 
that you had not sent over your Resignation ? 

Answer. I do not think myself empowered to exe- 
cute the Office, as I have not received any Commis- 
sion or Insti'uctions. 

V. On Supposition that you had received such Com- 
mission or Instructions, would you undertake the Dis- 
tribution of the Stamps ? 

Answer. No. 

VI. What is the Reason of such Resolution ? 

The general Disturbance in the Province ; and as I 
am firmly of Opinion it would occasion violent Dis- 
orders and Bloodshed, and that I should be injured 
both in Person and Estate. 



1765] ADMIN"ISTRATIOK OF GOVERNOR FRANKLIN. 517 

After some Time spent in Consideration of the Mat- 
ter, recommended by the Governor, the further Con- 
sideration thereof was referred till To-morrow Morning. 

Then the Council adjourned till Nine o'clock To- 
morrow Morning. 

Thursday, November 7, 1T65. 
The Council met, and resumed the Consideration of 
the Matters referred to them by the Governor, when 
they were unanimously of Opinion as follows, viz. 

1. We think the Governor is not authorized to ac- 
cept of Mr. Coxe's Eesignation, nor impowered to ap- 
point a Distributor of the Stamps in his Room, until 
some Instructions are received from His Majesty's 
Ministers, or other proper Authority, relative thereto. 

2. We believe there is not one Man in the Province 
able to give the proper Security, that would undertake 
the Office if it was offered to him. 

3. We think that no Person would at present be 
safe in undertaking the Execution of the Office in this 
Province, on account of the violent Resentment too 
generally imbibed against the Act ; and the many re- 
peated Threats by written Advertisements, and other- 
wise, against any that should be aiding or assisting in 
carrying the same into Execution. 

•1 and 5. On considering the Governors Ith and 5th 
Queries, the Council esteem it a Matter of so much 
Difficulty and Importance at this dangerous Conjunc- 
ture, that they desire further Tilne, and a full Coun- 
cil, to consider of the Answer thereto. 

6. That though we shall, as far as is consistent with 
the Peace of the Province, heartily second your Excel- 
lency's Intention of securing the Stamp'd Papers, yet, 
as we have undoubted Reason to know, that the popu- 
lar Clamour runs at present very high, in many Parts 
of the Province, against the Stamp Act, as the many 
inflammatory Speeches, Writings and tumultuous 



518 ADMTNISTRATIOK OF GOVERNOR FRANKLIN. [1765 

Gatherings, with avowed Threats to destroy the 
Stamps, do evidence; we think it by no means safe or 
adviseable for your Excellency to send for the Stamps 
from under Captain Hawker's Protection. And it is 
further our Opinion, that it will be by no means ex- 
pedient to have Recourse to the Military Aid offered 
by the General, even if he could now afford it, (which 
is much to be doubted considering the present Commo- 
tions at New York) as there is the strongest Reason to 
expect, that in such Case the Peace of the Province 
would be immediately broken, and nothing less than a 
Civil War would ensue. Therefore, as there is no 
Place of Security in the Province, and as it would be 
dangerous, if practicable, to bring in snch a Military 
Force as the General could spare, we advise, that your 
Excellency do write to Captain Hawker, to desire that 
when he lays up his Ship, that the Stamp'd Papers on 
Board, said to be for New Jersey, be offered to Mr. 
Coxe, who has given Bond to the Commissioners of 
the Stamp Duty in England, and if he refuses to take 
Charge of them, then that they may be suffered to 
remain with the King's Stores, belonging to the Ship, 
in whatever Place the Captain may think proper to 
deposit them, there being a better Chance for their 
Preservation by that Means, out of the Province, than 
by any other Method we can at present devise. 

Mr, Ogden acquainted his Excellency, and this Board, 
that it was desired by many People of the Eastern 
Division, that the Assembly should be called to meet on 
this Occasion; his Excellency did thereupon declare, 
that though he bad no particular Commands of the 
Crown, or other Business, that made a Meeting of the 
Legislature necessary; yet that if the Speaker, and nine 
others of the Representatives, would signify under 
their Hands to the Governor, that they thought it ex- 
pedient for the public Service, that the Assembly 
should be called, iie would imnjudiately (ii advised so 



1765] ADMINISTRATION" OF GOVERNOR FRANKLIN. 519 

to do by his Council) issue his Summons for the Pur- 
pose, convening them together in as short a Time as 
possible; but that from the present Indisposition of his 
Lady, it v^ould not be in his Power to meet them at 
Amboy, or at any other Place than Burlington. 

The Council do advise his Excellency, on such Appli- 
cation, to summon the General Assembly to meet at 
Burling-ton. 

A true Copy from the Minutes of Council 

Charles Bead, Sec. 



A Copy of his Excellency's Letter to Captain Hawker 
in Pursuance of the foregoing Minute of Council. 

Burlington, Nov. 9, 1765. 
Sir, 

As you informed me in your Letter of the 3d of 
October, that it would be necessary that I should pro- 
vide some Place of Security, towards Winter, for the 
Stamp'd Paper destined for New Jersey, as you would 
then be obliged to take every Thing out of the Ship, in 
order to lay her up, I lately summoned a Meeting of 
His Majesty's Council of this Province, to consult them 
on the Measures necessary to be taken for that Pur- 
pose — Their Advice on the Occasion is contained in the 
enclosed Extract from their Minutes. 

The Council do not mean that you are to be answer- 
able for the Safety of the Stamps, if you comply with 
our Request; but their Reason for advising the Meas- 
ure, is, because they imagine that the People of one 
Province will not endeavour to destroy the Stamps 
destined for another; and that the Stamps might as 
well be given up directly to the Populace, as to send 
them into New Jersey, where there is no Place of 
Defence whatever. — -Perhaps Mr. Coxe, as he has given 
Bond to take Care of them, will, for his own Sake, en- 



520 ADMiNISTllATION OF (40VERN0R FEANKLIN. [1765 

deavour to fall upon some Expedient to secure them, 
by secreting them, or otherwise, till some Person 
appears duly authorised to receive them from him. 
I am, with great Regard, Sir, Your 

most humble Servant, 

William Franklin. 
To Capt. James Hawker, Commander of His 
Majesty's Ship Sardoine. 



Letter from the Lords of Trade to Governor Franklin, 
inclosing a co2^y of the representation from the 
Bishop of London concerning licenses for mar- 
riages in New Jersey.' 

[From e. R. O. B. T. New Jersey, Vol. 17, page 191.] 

Whitehall Dec. 12"' 17G5 

To William Franklin Esq" Governor of New 

Jersey. 

Sir 

The inclosed Memorial stating the propriety of Li- 
cences for Marriages in New Jersey being directed to 
the Clergy only, has been presented to Us by the 
Bishop of London. 

If there is no Law in force, by which the Civil M^ag- 
istrate is authorized to perform the Marriage Rites, or 
if long usage and custom has not established such a 
practice ; We see no objection to what his Lordship 
proposes : But as it does not appear to Us from any 
Information we can collect here, how the case stands 
in respect to this matter, we desire you will by the 
first opportunity acquaint Us, wiiether the civil Mag- 

' if'or representation from Bishop of London, see page 504. 



1705] ADMINTTSTKATION OF GOVERNOR FRANKLIN. 521 

istrates in New Jersey do or do not perform those 
Ceremonies ; and if they do ; whether it is by virtue 
of any declared Law, or by usage only ; and if the 
latter, whether such practice may in your opinion be 
altered in the manner proposed by the Bishop of Lon- 
don without Inconvenience or Complaint. 
We are. Sir, Your very loving Friends, 

Dartmouth, Soame Jenyns, 
John Roberts, J. Dyson, 
W" Fitzherbert. 



Letter f7'om Governor Franklin to Benjamin Franklin, 
in London, in relation to the success of Col. Cro- 
ghan in his negotidtions luith the Lid ions. 

[From P. R. O. America & West Indies, Vol. 251 (269).] 

Burlington Dec'" 17. 1705 

To Benjamin Franklin Esq 

Ho7ff Sir, 

You will probably have heard before this reaches 
you of the Return of Col. Croghan,' and the success 
he every where met with in his Negotiations with the 
Indians. Frequent Attempts (some of them very ex- 
pensive) had been before fruitlessly made by the Mili- 
tary to take Possession of the Illinois. And tho' that 
valuable Country has of Right belonged to us eversince 
the Cession of Canada, yet we were not able by any 
Means to get it into our Hands, until Col. Croghan en- 
gaged in the Undertaking. By his great Influence 
with the Indians, & dextrous Management he has en- 



' Col. Croghan was Deputy Agent for Indian Affairs. The New York Colonial 
Documents contain many of his letters and reports relating to the Indian tribes; 
for a biographical sketch of him, see note by Mr. O'Callaghan in Vol. Vll., p. 98a. 



522 ADMIlSriSTEATION OF GOVERKOR FRANKLIN. [1765 

tirely surmounted all the obstacles which the French 
had contrived to throw in the Way ; and obtained full 
Permission from the several Nations in that Quarter 
for the English to enter their Country, & possess 
themselves of the several Forts, &c. occupied by the 
French ; which has I hear accordingly been done, by 
Cap* Stirling an Officer in the Regulars, who was de- 
tached for that Purpose with a Party from Fort Pitt. 

The commercial Advantages which must result to 
Great Britain, by our Traders having free Access to 
so extensive a Country, inliabited by numerous Indian 
Nations, are too obvious to need mentioning. We 
have now Besides, an opportunity of forming such 
Alliances & Connections with the Nations on the 
Waters of the Missisipi as will put it in our Power to 
get Possession of the remaining Part of Louisiana, 
whenever another War shall make it expedient. In 
short, the Services vv^hich Col, Croghan has rendered 
his Country on this occasion are such as must, if 
rightly improved, be productive of the greatest Benefit 
to the British Interest in America. And I cannot at 
present conceive any Measure so likely to obtain this 
desirable end as the Putting the Management of In- 
dian Affairs under some such Regulations as were con- 
tain'd in the Plan sent over last year by the .Ministry 
to the several Governors on the Continent 

I doubt not but it will likewise afford you great 
Pleasure to hear that Sr AV'" Johnson & Col. Groghan 
have had the Address to engage the Indians to agree 
to settle a Boundary between them & us, & to make 
Retribution for the Damages they did our Traders by 
their late Hostilities. These two Points, if carried 
into Execution, will in all Probability, render the 
Peace lately concluded with them more permanent 
than any we have yet experienced. For in the first 
Place, as the Boundary to the Westward will, I am 
told, be fixed as far back as the Ohio, there will be 



1765] ADMINISTRATlOiV OF GOVERNOR FRANKLIN. 523 

little Danger of our making any Encroachments on 
their Hunting Grounds, for many years to come, 
whereby a considerable Cause of Discontent will be 
avoided ; And, in the next Place, the Establishing a 
Precedent for the Indians making Satisfaction for In- 
juries done our Traders, will make them much more 
cautious of committing the like hereafter. At present 
we have got them in the Temper to do it, & it will be 
unpardonable, if we suffer the opportunity to slip. 
Indeed, in my Opinion, no Time should be lost in 
bringing this Affair to a Termination & I hope the 
Ministry will give orders to Sir WiUiam to push it with 
the utmost Expedition. If it is much longer delay 'd 
there will be Danger that the present good Disposition 
of the Indians may cool, or that they may be per- 
suaded to act otherwise by the artf ull Insinuations of 
the French, or by the Suggestions of evil disposed Per- 
sons among ourselves. 

What makes it more immediately the Interest of 
the Crown to accept of this Grant from the Indians, & 
to confirm it to the Sufferers, is, that the Indians will 
of course expect to be paid for all the Lands which 
they are to grant within the Boundary they have now 
agreed to make between them and the English, unless 
their offer of Part of those Lands to the Sufferers be 
accepted. But the greater the Tract within the 
Boundary which they can be persuaded to grant to 
the Sufferers, the less the Crown will be under a 
Necessity of purchasing. And the Crown may not- 
withstanding receive the same Advantages in Point of 
Kevenue from these Lands, tho' they cost the Crown 
Nothing, as it does from the Lands heretofore bought 
of the Indians. For the Sufferers would consent (if 
required) to pay the usual Quit rent reserved by the 
Crown, at the expiration of 20 or 25 years. And an 
Exemption from Quit rent for that term has been 
common in Several of His Majesty's Colonies. 



524 ADMINISTKATIOK OF GOVERNOR FRANKLIN. [1765 

I wrote you a few lines in haste on this Subject by 
Cap: Budden; but as it is a Matter of great Import- 
ance, not only to the sufferers (some of whom are our 
particular Friends) but to the Interest of the Crown, 
& the Publick Welfare, I doubt not but you will excuse 
this further Trouble, & that you wiU on these Consid- 
erations lose no Time in representing the Affair in its 
proper Light to the Ministry, & forward it all that 
may be in your Power. 

Enclosed is a Copy of a Letter Col. Croghan sent 
you by Budden. 

I am, Honoured Sir, Your ever dutiful Son 

W? Franklin 



Letter from Governor Franklin to the Lords of Trade, 
respecting the diffiadties the Province of Neiv 
Jersey labors under ivith regard to the Stamp Act. 

[From P. R. O. B. T. New Jersey, Vol. 9, K. 53.] 

Burlington Decf is, 1705 
To the Lords of Trade 

My Lords, 

I did myself the Honour of writing to your Lord- 
ships the 13"' of last Month, by a Ship bound to Liver- 
pool. In that Letter I enclosed a Copy of the Minutes 
of Council of the 0*" & 7*!' of November. 

Notwithstanding the Assembly in their Sessions in 
June, unanimously determined not to send a Commit- 
tee to the Congress at New York, yet the Speaker of 
the Assembly of this Province, upon finding the 
People of East- Jersey in general displeased with the 
House on that Account, did of his own Authority 
summon a Meeting of the Representatives at Amboy. 



1765] ADMINISTRATIOl!^ OF GOVERKOR FRANKLIN". 525 

About 12 of them accordingly met, & were prevailed 
upon to appoint Three of their Members a Committee 
to go to New-York. The Speaker' was one of the 
Number; — but not consenting to sign the Addresses 
agreed upon by the Congress, he was burnt in Effigy 
in almost all the Towns of East Jersey, & has been 
since obliged to resign his Seat in the Assembly. 

I should have thought it my Duty, on Account of 
tliis irregular & unconstitutional Meeting of the Repre- 
sentatives at Amboy, to have immediately dissolved 
the House, but that there was great Eeason to appre- 
hend that I should thereby have thrown the Province 
into the utmost Confusion. However at the late 
Meeting of the General Assembly, I took an Oppor- 
tunity of declaring my Disapprobation of their Conduct 
in pretty strong Terms, lest they should hereafter 
make it a Precedent for such kind of Meetings. For 
the Particulars of what passed at the last Sessions, I 
must beg leave to refer you to the Minutes of Council 
& the Votes of Assembly enclosed; which will make 
your Lordships acquainted with the Difficulties we still 
labour under with regard to the Stamp Act. At 
present there is almost a total Stagnation of Business 
at the publick Offices, none of the Officers chusing to 
venture to go on with Business as formerly, lest if the 
Act should at last be carried into Execution they 
should be made liable to the Penalties inflicted by it. 
And yet there is Danger, if they much longer persist 
in this Resolution that they will be torn to Pieces by 
the Mob. The Person who was appointed to be Stamp 
Distributor still refuses to endeavour to execute the 
Act, tho' he has now receiv'd his Commission & In- 
structions for the Purpose. And the Stamps still 
remain on Board His Majestys Ship Sardoine, there 



■ Robert Ogden. See note page 451. He was burned in eflfigy in several places in 
New Jersey.— Sabine'' s American Loyalists, p. 488. 



526 ADMINTSTBATION OF GOVERNOR FRANKLIN. [1766 

being no Place of Security for them in this Province. 
In short our Situation is at present extremely critical, 
but we are daily in hopes of receiving Instructions 
from His Majesty's Ministers, directing the Conduct 
they would have us observe on this extraordinary 
Occasion. In the mean Time I shall continue to use 
my utmost Endeavours to preserve the Peace & Quiet 
of the Province, and to prevent the People going into 
those Excesses & Acts of Violence which have too 
much prevailed in the neighbouring Colonies. 

I have the Honour to be, with the greatest Respect, 
My Lords, Your Lordships Most obedient 

& most humble Servant 

W Franklin 



Letter from the Lords of Trade to Secretary the Duke 
of Grafton, iransmitting copies of idl papers con- 
taining information of the riots in America 
against the Stamp Act. 

[From P. R. O. B. T. Plantations General, Vol. 41, Pap^e 481.] 

Whitehall, Janry 7, 176») 

To his Grace the Duke of Grafton, one of His 
Majesty's principal Secretaries of State. 

My Lord, 

In obedience to His Majesty's Commands signified 
to Us in Your Grace's Letter of the 19*^ of last Month, 
we have prepared, and herewith transmit to You 
Copies of all the Letters and Papers received by, or 
communicated to us, so far as they relate to, or con- 
tain any Information of the Riots, that have happn'd 
in America in opposition to the putting in Execution 
the Stamp Act, since the passing thereof to the present 



1766] ADMINISTRATION OF GOVERNOR FRANKLIN. 527 

time; Upon which Letters and Advices no Orders have 
been issued by Us; but we have, pursuant to what we 
conceive to have been our Duty, and the Course of 
Proceeding in this Office, from time to time humbly 
laid before His Majesty in Council such of the said 
Letters and Papers, as appeared to us to be of such a 
Nature, as to require His Majesty's Directions there- 
upon. 

We are. My Lord, Your Grace's most 
obedient and most humble Servants, 

Dartmouth Soame Jenyns 
J. Dyson Wf Fitzheebert 



List of Papers received by, or communicated to 
the Lords Commissioners for Trade and 
Plantations, so far as they relate to, or Con- 
tain any Information of the Riots, that 
have happen'd in America in opposition to 
the putting in Execution the Stamp Act, 
since the passing thereof to the present 
time. 

No. 1 
Extract of a Letter from Francis Fauquier Esq- Lieu- 
tenant Governor of Virginia, to the Lords Coiinnis- 
sioners for Trade and Plantations, dated WilHams- 
burgh June 5'f 1705. Rec^^ July 27*." 1765 

No. 2. 
Copy of the Resolutions of the House of Burgesses 
of Virginia. Rec'^ d? 

No. 3 
Extract of a Letter from Francis Bernard Esq^ Gov- 
ernor of Massachusets Bay, to the Lords Commissioners 
for Trade and Plantations, date:! Boston July :s':' 1765. 
Rec^ Sept': 20'!' 



538 ADMINISTRATION OF GOVERNOR FRANKLIN. [1766 

No. 4 
Extract from the Journal of the House of Represen- 
tatives of the Province of Massachusets Bay, June 25"' 
1765 

No. 5 
Copy of a Letter from Francis Bernard Esq • Governor 
of Massachusets Bay, to the Lords Commissioners for 
Trade and Plantations. — dated Castle William, August 
15*.'^ 1765. Uec^ Octo'' 7*." 1765. 

No. 6 
Copy of a Letter from Francis Bernard Esq- Gov- 
ernor of Massachusets Bay, to the Lords Commissionc^rs 
for Trade and Plantations, dated Castle William 
August '22^ 1765. Pec;' Octo'' 7"' 1765. 

No. 7. 
Copy of the Minutes of Council held in the Council 
Chamber in Boston on August 14"' 15"' and 21'> 1765. 
Rec? d. 

No. 8. 
Copy of a Proclamation issued by Gov'. Bernard, 
dated August 15"' 1765. Rec^' d?. 

No. 9. 
Copy of a Proclamation issued by Governor Bernard, 
dated August 28*^ 1765. Red' d? 

No. 1(». 
Copy of a Letter from Francis Bernard Esq- Governor 
of Massachusets Bay, to the Commissioners for Trade 
and Plantations; dated Castle William, August 8P.' 
1765. Rec? Oct": 16*." 17(;5 

No. 11 
Copy of a Letter f I'om Francis Bernard Esq' Governor 
of Massachusets Bay, to the Lords Commissioners for 
Trade and Plantations, dated Castle William, Sept- 7"' 
1765. Rec? d? 



1766] ADMINISTRATION OF GOVERNOR FRANKLIN. 529 

No. 12 
Copy of the Minutes of Council held in the Council 
Chamber in Boston on August 27"' 2s*.'» and 20"> 1705. 
Rec^ d° 

No. 13 
Extract of a Letter from Francis Bernard Esq"; Gov- 
ernor of Massachusets Bay, to John Pownall Esq^ 
Secretary to the Lords Commissioners for Trade and 
Plantations, dated Castle WiUiam Sep'.' 7"' 17()5. 
Rec!^ d? 

No. 14. 
Copy of a Letter from Francis Bernard Esq' Governor 
of Massachusets Bay, to the Lords Commissioners for 
Trade and Plantations, dated Boston Sept- 28"' 1765. 

No. 15 
Extracts from the Journal of the House of Repre- 
sentatives of Massachusets Bay on the 25*^ 26'? and 27*-' 
of Sept'- ] 705. 

No. 16. 
Extract of a Letter from William Franklin Esq^ 
Governor of New Jersey, to the Lords Commissioners 
for Trade and Plantations, dated Burlington, Oct^ 1(»"' 
1765. Rec!' Nov': PJ"' 

No. 17 
Copy of Minutes of the Council of New Jersey on 
the 13"' and 24"' of Sept' 1765 

No. IS. 
Extract of a Letter from Benning Wentworth Esq"" 
Governor of New Hampshire to the Lords Commis- 
sioners for Trade and Plantations, dated October 5"' 
1765, Rec"! Nov': 10"' 

No. 19 
Extract of a Letter from Francis Bernard Esq- Gov- 
ernor of Massachusets Bay, to John Pownall Esq"" Sec- 
34 



630 ADMlNiSTEATiON OF GOVERNOR FRANKLIN. [176G 

retaiy to the Lords Commissioners for Trade and Plan- 
tations, dated Boston, October 1'.' 1765 Red Dec'.' 13^" 

No. 20. 
Copy of a Letter from Francis Bernard Esq^ Gover- 
nor of Massachusets Bay, to the Lords Commissioners 
for Trade and Plantations, dated Boston October 12*'^ 
1765. 

No. 21 
Copy of a Letter from Francis Bernard Esq' Gover- 
nor of Massachusets Bay, to the Lords Commissioners 
for Trade and Plantations, dated Boston Oct- 17V' 1765. 

No. 22 
Extract of a Letter from Francis Bernard Esq- Gov- 
ernor of Massachusets Bay, to John Pownall Esq' Sec- 
retary to the Lords Commissioners for Trade and 
Plantations, dated Boston Oct^ 19*'' 1765 

No. 23. 
Extract of a Letter from Francis Bernard Esq' Gov- 
ernor of Massachusets Bay, to John Pownall Esq' 
Secretary to the Lords Commissioners for Trade and 
Plantations, dated Boston Oct' 20*" 1765. 

No. 24 
Copy of a Letter from Francis Bernard Esq' Gover- 
nor of Massachusets Bay, to John Pownall Esq- Secre- 
tary to the Lords Commissioners for Trade and Planta- 
tions dated Castle Wilham, Nov'- 1^.* 1765. 

No. 25 
Copy of Minutes of the Council of Massachusets 
Bay October 29':" 30'." 3r-* and NovV 4*-" 1765. 

No. 26. 
Copy of a Resolve of a Committee of the Council 
and Representatives of the Province of Massachusets 
Bay the 25*!' of October 1765 



1766] ADMINISTEATIOK OF GOVERXOK FRA:SKLI]Sr. 531 

No. 27 
Copy of Votes at a Meeting of the Freeholders and 
other Inhabitants of the Town of Cambridge October 
14*1^ 1765. 

No. 28 
Extract of a Letter from Francis Fauquier Esq'', 
Lieutenant Governor of Virginia, to the Lords Com- 
missioners for Trade and Plantations, dated Wihiams- 
burgh October 2'\ 1765. Eec"^ Dec' 16*:^ 

No. 29 
Extracts from the Journal of the House of Burgesses 
in Virginia the 29^^ and 30*^ of May 1765. 

The original News Papers, which were referred to in 
Governor Bernard's Letters to M"" PownaU, were trans- 
mitted to the Council-Office, and no Copies of them 
taken in the Office of Trade and Plantations 



Letter from David Ogden to Philip Kearney, of Perth 
Amboy, in answer to a request of several gentle- 
men of the Laiu to appoint a meeting of the At- 
tornies to consult in relation to the resumption of 
business under the Stamp Act. 

[From New Jersey Manuscripts, Vol. n., No. 150, belonging to the New 
Jersey Historical Society.] 

Newark Jan^ 14"' 1766 

Phil. Kearney Esq 

D' Sir 

I this Day rec'' your favour of the 31^' of last month 
enclosing a Request of Several gentlemen of the Law 
to appoint a meeting of the Attornies in Consequence 
of the Agreement entered into the last Burlington 
Term. I heartily wish I could join those Gentlemen 



532 ADMINISTRATION OF GOVERNOR FRANKLIN. [1766 

therein as it always gives me a Sensible Pleasure to 
concur w^ith so great a Number of my Profession, but 
at Present must think that those Eeasons which pre- 
vail'd on the Attornies fii'st to enter into so laudable 
an Agreement founded on a true Spirit of Patriotism 
still Subsists. Which Agreement was soon followed 
by the Gentlemen of our Profession in the neighbour- 
ing Colonies. It will give me great Pain to see so 
noble and self Denial an Act first Sullied by us who 
set the Example. And unless some Reasons do appear 
more powerful than those on which the Agreement 
was founded, I hope it will remain. I know of none 
at Present & should have been glad those Gentlem" 
had mentioned what induced them to request a meet- 
ing of the Attornies to vacate as I suppose that Agree- 
ment. For my own Part I am fearful from the A6c*^ 
lately reC' from Home that our Troubles are but be- 
ginning. I think it prudent for those Gent" so inclined 
in a King's Government not to act in open Violation 
of a Law of the British Parliament, when not under 
the absolute Necessity for Self Preservation so to do, 
which God forbid should ever be our Case. Can it be 
supposed that our Judges & Clerks Commissioned by 
the Crown will at this Time proceed in the usual 
Method regardless of the Act of Parliament. I must 
submit if any Attorney would now as an Attorney & 
Friend of the Officers of the Court advise it ; & 
whether it is not farr more adviseable for the Agree- 
ment to remain inviolable till We hear what the Par- 
liament will do in Amei'ican Affairs, Which in all 
Probability We shall know some time in March next. 
I conceive you had best write to those Gent" to re- 
call their Request, but if they persist in it, I think a 
Meeting of the Attornies ought to be had as it was 
Part of our Agreement when requested by a proper 
Number. Perth Amboy I think should be the Place 
& I beUeve was mentioned at Burhngton. 



1766] ADMINTSTRATION OP GOVERNOR FRANKLIN. 533 

Above you have my Thoughts on your Letter which 
I wrote in a Hurry & should have been glad to have 
had more Time to enlarge on so important a Subject. 
What is omitted you no Doubt will supply if you con- 
cur with me in Sentiment. 

I returned from New York on Fryday last and do 
assure you that the Gent" of the Law there had not 
then done any Business ; neither do I think they will 
soon proceed notwithstanding their Eesolutions. 

If upon the whole you appoint a Meeting pray let 
me know the Day you fix and I will give the Gent" of 
the Law this Way Notice thereof & attend myself ac- 
cordingly. I am D'' Sir 

Your most Obed- Servt 

David Ogden 



Report from the Lords of Trade to the House of Com- 
mons, giving a statement of the Annual Expense 
of the several Establishments of the Colonies in 
North America and the West Indies ; likewise a 
statement of the debts incurred by said Colonies, 
as they stood at the end of the late war. 

[From P. R. 0., B. T., Plantations General, Vol. 41, p. 489.] 

Whitehall Janry 29"', 1766 

To the Honourable the Commons of Great 

Britain in Parliament assembled. 

His Majesty having been pleased upon the Address 
of this Honourable House on the 22'! Instant to direct 
the Commissioners for Trade and Plantations to pre- 
pare and lay before this House "A State of the annual 
" Expence of the several Estabhshments of the British 
"Colonies in North America and the West Indies, 
"with the Amount thereof, distinguishing each Col - 
" ony respectively ; and hkewise a State of the Debts 



534 ADMIJS^lSTRATION OF GOVERNOR FRANKLIN. [17GG 

' ' incurred by the British Colonies in North America, 
" and the West Indies, as they stood at the end of the 
"late War, distinguishing what Part of the said Debts 
"remains undischarged, and the Provision made for 
"such Discharge ;" It would have been Our Duty upon 
this occasion to have called upon those Officers in His 
Majesty's Colonies, who, being intrusted with the Re- 
ceipt and Issue of Monies granted for the Supj^ly and 
Support of Grovernment, could alone furnish that In- 
formation, which might enable Us to answer the 
Requisition of this Honourable House with exactness 
and Precision ; and which officers being appointed by 
the Assemblies of the Colonies respectively, and ac- 
countable only to them, are not subject to the Controul 
either of office here, or His Majesty's Governors there, 
and therefore do not in ordinary and regular Course 
transmit their Accounts to Us ; but as we observed, 
that this Honourable House had in their Address to 
His Majesty expressed a Desire, that we should make 
a Return according to the latest Accounts received of 
the several Matters abovementioned, We have here- 
unto annex'd such States of the annual Expense of the 
several American Establishments, and of the Debts 
they respectively incurred, distinguishing what part 
thereof remains undischarged, as the Materials at 
present in Our possession would enable Us to make 
out. 

We beg leave however to observe, that these Mater- 
ials being defective in many essential Points, the 
States, which We have prepared, will not bring before 
the House that complete Information, which this 
Honourable House has required, and which it would 
have been Our Wish to have given. 

In the State of the annual Estabhshments we have 
been obliged to omit the Colonies of Maryland, North 
Carolina, and the Bahamas, not having any Returns 
or Accounts from those Colonies, by which we are en- 



1766] ADMItflSTRATION OF GOVERNOR FRANKLIN. 535 

abled to ascertain, what the annual Expense of their 
EstabUshments may amount to. 

We have also omitted the Colonies of Nova Scotia, 
G-eorgia, East Florida, Quebec and Grenada, the Es- 
tablishments of the first four of which are supported 
by annual Grants of Parliament, and those of the two 
latter either by Duties and Taxes, that existed under 
the French Government, or such others as have been 
established since by the Authority of the Crown ; and 
the Accounts of which Duties and Taxes are return'd 
to the Commissioners of His Majesty's Treasury. 

This Honourable House will further observe, that 
the Amount of the Establishment of the Island of Bar- 
bados and Jamaica is stated, exclusive of parochial 
Taxes, which are very considerable in both these 
Islands, and include many Services, that are provided 
for in other Colonies by annual Acts of Legislature; 
and that it will appear from the Dates of the Returns, 
from which the amount of the several annual Estab- 
lishments is collected, that they were made to this 
office many years since; and consequently it may be 
supposed, that the Expences • of Government in these 
Colonies have considerably increased since that time. 
To which We beg leave to add this further Remark, 
that the Information these Returns contain seems to 
have been directed to purposes of a different Nature 
from those, to which we now apply it. 

The State of the debts incurred (as far as it goes) is 
made out from Materials of better Authority, and 
greater Precision, and from Returns of a later date; and 
is defective only, in that it does not apply itself to the 
State of the Islands in the West Indies in the Points 
required by the Address of this Honourable House, 
and upon which Points We are unable in the Case of 
these Islands to give any satisfactory Information, as 
no Returns Have been made to Us of the Treasurer's 
Accounts, from which alone such State could be made 
out. 



536 ADMINISTRATION OF GOVERNOR FRANKLIN. [1766 

We beg leave how^ever to observe to this Honour- 
able House, that it does appear, that* the greatest Part, 
if not all, of the extraordinary Expences incurr'd dur- 
ing the late War in in the Islands of Barbados and 
Jamaica, were defrayed by Taxes raised v^ithin the 
Year; and which extraordinary Expences do, upon a 
State of the Amount of the Taxes raised in each Year 
from the Com