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J^Tl  C  H  IV  E  S 


STATE  OF  NEW  JERSEY. 


FIKST    SERIES 


'ViA.    IX, 


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,  Ch^n, 
Joel  Parker, 
William  Nelson, 
•  .  Garret  D.  W.  Vroom, 

Frederick  W.  Ricord. 


DOCUMENTS 

/33?C. 


REIiATING   TO   THE 


COLONIAL    HISTORY 


STATE  OF  NEW  JERSEY. 


EDITED    BV 


FEEDERICK  W.  RICORD  AND  WM.  NELSON. 


VOLUME     IX. 

ADMINISTKATIONS    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. 


^nd  muse  be 


*<A«  a  ;9j4 


^^  PmDGrty  of  the 


CORRECTIOXS  .\X1)  AliDlTlONS. 


Page  1C!3. — "  Blowsons,"  evidently  an  error  of  the  copyist  for  "  Moccasous." 

135. — Line  seven  from  bottom,  for  "prod,"  evidently  an  error  of  the  copyist 
for  "prod.,"  /.  e.,  procIarmtiliT>n  hioftey. 
"      a.")0.— The  Document  ^iven  is  from  Vol.  LXXXIX,  X'.Y.  Col.  MSS. 
"      325.— In  first  line  of  note,  for  ".Judj»es,"^ad  •^Ajj^,"  /.  e.,  Samuel  Xevill. 
338.—"  Bartinglon  "  is  probabfv  a^fericai  error  for  "  Bm-linKtou.  " 
330. — In  the  first  line  of  the  note.'after  "  Governor  Lewis  Morris."  insert  "  his 
father-in-law." 

In   line  twenty-i)ne  of  the  note,  for  "Judge  John  Field."  i-ead 
"Judge  John  Fell." 
"      310. — In  line  six  of  the  note,  for  "  /'>..  20."  read  " Reconl  Christ  Church.  2G." 
379.— In  line  fifteen  of  the  note,  for  " simple,"  read  " single." 
394. — In  lines  three  and  four  of  the  note,  omit  the  words  "  In  1747  he  w'as  ap- 
pointed member  of  the  Comicil." 

In  line  fourteen,  for  "father,"  read  "great  uncle.  i)r.  Richard 
Smith."" 


ri5i 


PRINCIPAL  SOURCES 

WHENCE  THE  DOCUMENTS  IN  THIS  VOLUME  WERE  OBTAINED. 


Public  Record  Office,  London,  England. 

Mafiu.'<c7-ipls  of  fJw  New  Jersey  Historical  Society. 

Manuscripts  of  William  A.   Whitehead.      , 

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

Documents  relatiny  to  the  Colonial  History  of  the  State  of 

New  York. 
New   York  Colonial   Manuscripts    in  the  State    Library    at 

Albany. 
Pennsylvania  Colonial  Records,  and  Pennsylvania  Archires. 


C  O  N  T  K  N  T  S 


PAGE. 

1757_Sept.  33.— Letter  from  Tliomas  Powuall,  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 

'■        23.— Letter  from  Lieutenant-Governor  Pownall  of  New 
Jersey  to  John  Reading,  President  of  the  Council, 

on  leaving  the  government  in  his  liands ... 2 

23. —Address  of  the  Council  of  New  Jersey  to  Tliomas 
Pownall,  Esq.,  Lieutenant-Governor  and  Comman- 
der-in-Chief of  the  Coh)ny  of  New  Jersey,  and  his 
answer "^ 

i-  ••        24.— Address  of  the  Corporation  of  the  City  of  Perth 

Amboy  to  Lieut.-Governor  Pownall,  and  his  answer       (i 

t«  —Oft.  7.— Letter  fi'om  Lieutenant  William  Skinner  to  liis 
father.  Rev.  William  Skinner,  informing  him  of  his 
promotion  from  tlie  Provincial  to  the  Royal  troops. .       8 

—Return  of  Stores  at  Sclieiieotady .  Nev  York,  made 

by  Col.  John  Parker,  1757 10 

•  •  _X,,v.  U).— Order  of  the  Lords  of  the  Committee  of  Council 
for  Plantation  Affairs,  referring  to  the  Board  of 
Trade  a  petition  of  the  Agent  foi-  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 H 

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

••       —License  to  Joseph  Price  as  Branch  jjilot 18 

—Warrant  settling  the  rank  of  Provincial  officers  in 

North  America 1*J 

1 758 — I  a  II.  27.— 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 -1 


VI  CONTENTS. 

PAGE. 

1758—     — Drait.  of  the  Commission  of  Francis  Bernard  as 

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

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

'•  "  33.— Repi-esentation  to  the  King  from  the  Lords  of 
Trade,  with  a  draft  of  General  Listructions  and  those 
relating  to  Trade,  foi-  Francis  Bernard.  Governor  of 
New  J  ersey . 38 

•'  *•  35. — Memorial  of  Richard  Partridge,  Agent  for  New 
Jersey,  respecting  a  bill  passed  by  that  Colony  for 
emitting  £89.000  in  Bills  of  Credit 107 

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

WilUam  Denny  -.  ^   110 

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

to  President  Reading 111 

"  ■'  23. — Letter  from  the  Lords  Commissioners  for  Trade 
and  Plantations  to  the  Attorney  and  Solicitor  Gen^ 
eral,  oiclosing  questions  upon  which  their  opinion 
is  desired 113 

••  — June  9. — Report  of  the  Lords  of  Trade  to  the  Pri\n^  Council 
upon  a  second  remonstrance  of  the  Agent  of  New 
Jersey  respecting  a  bill  prepared  by  the  Assembly 
authorizhig  the  issue  of  £89,000  in  Bills  of  Credit.--  113 

"  "  30. — Letter  from  Governor  Francis  Bernard  to  the 
Lords  of  Trade,  givhig  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  . 180 

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

death  of  Mr.  Ainsley,  Chief -Justice  of  New  Jersey--  124 
7. — Message  from  Governor  Bernard  to  the  Minisink 
Indians . 125 

*'  — Aug.  24. — Letter  from  Governor  Bernard  to  the  Lords  of 
Trade — Had  prorogued  the  Assembly — Vacancies  in 
the  Council— Indian  affairs,  ere. 126 

'■  ■■        31.— Lettei-   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.  Vll 

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  tlie  Lords  of 
Trade,  relating  to  the  necessity,  should  the  war  con- 
tinue, of  a  special  power  from  his  Majesty  for  raising 
money 137 

"  — 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,  urging  preparations  for 
the  invasion  of  Canada . 149 

"  "        12. — Order  of  Eang  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  Council,  with  the  draft  of  an  instruction  to 
Governor  Bernard,  relative  to  the  passing  paper  Bills 
of  Credit. 150 

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

New  Jersey 159 

"  "        14. — Answer  to  the  above 162 

"  "        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 

"  "  21. — Letter  from  Governor  Bernard  to  the  Lords  of 
Trade,  informing  them  that  the  Assembly  had  passed 
a  bill  foi-  raising  one  thousand  men,  and  a  bill  for 
their  support ....  1G8 

"  "        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. 

PAGEi 

1759— April  28.— Letter  Iroiii  Colonel  John  Parker  to  Lewis  John- 
son, referi-ing  to  the  co-operation  of  the  Indians  in 
the  campaign,  with  which  he  was  connected _    _   172 

•'  — May  23.— Representation  from  the  Lords  of  Trade  to  the 
Iving,  proposing  Nathaniel  Jones  as  Chief-Justice  in 
the  room  of  William  Aynesley,  deceased 173 

"  —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  their  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 

"  "  18.— 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  Governor  Ber- 
nard, acquainting  him  that  the  King  had  been  gra- 
ciously pleased  to  approve  of  his  being  appointed 
Governor  of  Massachusetts  Bay - 188 

"  "  27. — Order  of  His  Majesty  in  Covmcil,  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.  H.  Morris  to  assume 

the  office  of  Chief -Justice  of  the  Province. 191 

17G0 — 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.  Robert  Hunter  Morris  to  Gover- 

nor Bernard,  showing  why  he  ought  to  have  been 
permitted  to  resume  his  office  of  Chief -Justice,  and 
inclosing  a  copy  of  his  patent  appointing  him  to  that 

office 206 

"  "        25. — Letter   from  Governor   Bt'rnard   to  the   Lords  of 

Trade,  expressing  his  gratitude  for  his  appointn)ent 
as  Governor  of  Massachusetts  Bay— the  solemnization 
of  a  day  of  thanksgiving — Mr.  Morris'  claims  to  the 

office  of  Chief-Justice 209 

"  —Marcli  22.— Letter  from  Governor  Bernard  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  witli  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  address  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 230 

"   —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  Jersey 239 


X  CONTENTS. 

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

regard  to  the  uiipnted  illegal  trade  in  New  Jersey...  340 

"  "  29. — Representation  from  the  Lords  of  Trade  to  the 
King,  inclosmg  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.,  wei'e  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 

"  — Dec.  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  tlie  amicable  proceedings  of  the  last 

Assembly .-  248 

1761 — Jan.  12. — Letter  from  Governor  Boone  to  the  Secretary  of  the 
Ijords  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 — Northern  Boundary  dispute 253 

*'  — March  17. — Order  of  Council  directing  the  Lords  of  Trade  to 
prepare  warrants  for  continuing  Christopher  Coates 
and  Joseph  Warrell  in  their  respecitive  offices  of 
Secretary  and  Attorney-General  of  New  Jersey 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.— Letter  from  Governor  Boone  to  Secretary  Pitt, 
relating  to  the  action  of  the  Assembly  of  New 
Jersey 261 


CONTENTS.  XI 

PAGE. 

1761 — April    14. — Oi'der  in   Council    approving   a  Commission   foi- 

Josiah  Hardy,  Esq.,  to  be  Governor  of  New  Jersey..  303 

"  "  16. — Letter  from  Mr.  Charles  Boone  to  the  Lords  of 
Trade,  praying  that  his  In-othei',  Governor  Boone,  be 
allowed  to  visit  England  before  going  to  assume  the 
Government  of  South  Carolina 303 

"  "  17. — Representation  to  his  Majesty  relative  to  the  dispute 
between  Mr.  Jones  and  Mr.  Morris  for  the  ofTice  of 
C'hief- Justice  of  New  Jersey 304 

"  "  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  Wm.  Skinner  to  his  brother, 
Cortlandt  Skinnei-,  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  Corajnissions  to  the  Government 
offices .... 379 

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

of  New  Jersey ^ . .    -     380 

"  "  10.— Representation  of  the  Lords  of  Trade  to  the  King 
with  the  names  of  such  persons  as  were  thought 
proper  to  be  inserted  in  the  Commis.sion  for  trying 
Pirates 283 

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

tions for  -Josiah  Hardy,  Governor  of  New  Jersey.        385 

"  —July       7. — Address  of  the  House  of  Representatives  to  Goa^- 

ernor  Boone,  complimenting  his  administration 387 

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

"  "  34. — Orders,  Rules  and  Insti'uctions  to  be  observed  by 
the  Receiver-General  of  the  several  Colonies  in 
America .  -  -   389 

'•  "  38. — Letter  from  Governor  Boone  to  the  Lords  of  Trade, 
informing  them  that  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 

"  "  21.— Letter  from  Governor  Boone  to  the  Secretary  of 
State,  with  congratulations  on  the  King's  intended 
marriage 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 305 

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

"  "  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 
Loi-ds  of  Trade,  announcing  Ms  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 334 

"  "  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  Antill  from 
his  scat  in  the  Council  of  New  Jersey,  and  for  ap- 
pointing John  Stevens  a  Councillor  in  his  I'oom 335 


CONTENTS. 


Xlll 


PAGE. 

1763 — ^Jan.  6. — Letter  from  (Captain)  George  Otter  to  Lewis  Jolin- 
ston,  relative  to  an  Island  on  the  right  hand  side  be- 
twixt Burlington  and  Bristol — Sir  Jeffrey  Amherst 
had  acquitted  himself  with  great  honor — 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  I^onls  of  Trade 
informing  them  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  duly  on  the  importation  of 
Negroes 345 

"  •'  22. — Letter  fro)n  Governor  Hardy  to  the  Earl  of  Egre- 
mont,  relative  to  the  duty  on  imported  Negroes,  and' 
the  Commissions  of  Government  oiiieers ..-  347 

"  — March  — . — Memorandum  of  case  referred  to  the  Attorney  and 
Solicitor-General,  as  to  whether  Governor  Hardy's  ap- 
l)ointmentsof  Judges  during  good  beliaviov  are  valid _  340 

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

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

and  Guardian  of  the  Indians  at  Brotherton . .   355 

■'  '•        22. — Commission  for  Surrogates  in  the   Western  ajid 

Eastern  Division  of  New  Jersey 35'J 

"  "  27. — Letter  from  the  Secretary  of  the  Lords  of  Trade  to 
Robert  Wood,  inclosing  a  representation  fi-om  that 
body,  asking  for  the  removal  of  Governor  Hardy 360 

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

State,  on  the  declaration  of  war  against  Spain 303 

''  — 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 304 

'■  —July  8.— Sir  Jeffrey  Amherst  to  the  Commanding  Officer  at 
Elizabethtown  (( 'aptain  Elias  Dayton) — Gov.  Hardy 
had  informed  hnn  that  upwards  of  twenty  men  were 
reatly  at  Elizabethtown  to  embark  for  Albany — Or- 
ders them  to  do  so 305 


XIV  CONTEHTS. 

PAGE. 

1763 — July  16. — Letter  from  Grovernor  Hcardy  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  Prankhn  as  Vice-Admiral 

of  New  Jersey _ 373 

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

"  "  37. — Representation  from  the  Lords  of  Trade  to  the 
King,  inclosing  a  draft  of  instructions  for  the  Gover- 
nors, relative  to  an  altei-ation  in  the  prayei-s  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 

"  —Dee.  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  37.— Letter  from  Secretary  Pownall  to  Attorney-General 
Yorke,  relative  to  the  holding  of  lands  in  America 
by  aliens 383 

"  —May  3.— 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 

"  — Jimc    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. 

17(53 — July  19. — Letter  from  Governor  Franklin  to  the  Earl  ot 
Egremont,  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  ("ouncil  in  New  Jersey  394 

"  —Oct.  21.— Letter  from  the  Lords  of  Trade  to  Gov.  Frank- 
lin, relative  to  issuing  certain  sums  of  paper  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  purchase,  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  the  Indians. 398 

1704 — Jan.  30.— 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  passed 
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. — Piepresentation  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  Eead  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  Coitncil 426 

"  — March  6. — Letter  from  Governor  Franklin  to  the  Lords  of 
Trade,  relative  to  i-aising  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 
cojiy  of  a  letter  fi'om  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  CONTEIfTS. 

PAGE. 

render  aid  that  will  end  the  Indian   war  for  the 
summer 438 

1764— May     11. — Ordinance  for  holding  the  Supreme  Court  for  the 

Pro\ince  of  New  Jersey -   .  - 434 

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

"  "        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  Lords  of  Trade  to  his  Maj- 
esty, proposing  Frederick  Smyth  and  James  Parker 
Councillors  in  the  room  of  Mr.  Morris  and  Mr.  Sal- 
tar,  deceased . 442 

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

the  Lottery  lately  made  by  Peter  Gordon 443 

"  "  13. — Tjetter  from  the  Lords  of  Trade  to  Gov.  Franklin, 
recommending  Messrs.  Parker  and  Smyth  as  mem- 
bers of  the  Council,  and  the  latter  as  Chief- 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  lainning  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 
chai'ge  certain  stamp  duties  in  the  Colonies  and 
Plantations 448 

"  '•  24. — Letter  from  Robert  Ogden  to  Courtlandt  Skinner, 
inclosing  a  copy  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.  449 

"  — 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  lo  the 

EarlofHahfax _  453 

■'  — Oct.  2.- -Opinion  of  Wm.  Samuel  Johnson  as  to  the  owner- 
ship of  the  Common  Lands  set  off  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  Loi'ds  of 


CONTENTS.  XVll 

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  Cliief-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 

"  "  28. — Letter  from  Governor  Franklin  to  the  Earl  of 
Halifax,  inclosing  the  Attorney-General's  list  of  the 
instrinnents  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  ( 'ouncil  of  New  Jersey 483 

"  — Nov.  8. — Letter  from  Governor  Franklm  to  the  Eai'l  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  ( "olonie? .   485 

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

"    — Dec.       7. — Letter  fi-om  John  Pownall  to  Governor  Franklin, 

relative  to  the  Lottery  lately  made  by  Peter  Gordon.  487 
1765 — Feb.     21.— Letter   from   Governor   Franklin   to  the  Earl   of 
Halifax,  inclosing  a  petition  from  the  principal  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 
Ttounties  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  _   . 492 

•'  "  23. — Letter  from  Governor  Franklin  to  Secretary  Con- 
way, I'elative  to  the  Act  for  establisliing  a  Stamp 
Duty  in  America,  with  inclosures 49? 

"  — Oct.  10 — Letter  from  Gcn^ernor  Franklin  to  the  Lords  of 
Trade  relative  to  the  ferment  among  the  People  of 
America  with  respect  to  the  Stamp  Act 499 

"  "  12.-Letter  from  Lieutenant-Governor  Colden  to  Secre- 
tary Conway 500 

*'  "       24. — Letter  from  Secretary  Conway  to  Governor  Frank- 

lin relative  to  the  proceedings  of  the  Colonies,  and 


XVm  CONTENTS. 

PAGE, 

authorizing  him  to  call  upon  the  commander  of  the 

land  and  naval  forces  /or  assistance -..  501 

1765 — Nov.  12. — Representation  from  the  Bishop  of  London  to  the 
Lords  of  Trade,  desiring  their  Instructions  to  the 
Governor  of  New  Jei'sey,  that  Marriage  Licenses  may 
be  directed  only  to  a  Protestant  Minister  of  the 
Gospel .-.  504 

"  "  13. — Letter  from  Governor  Franklin  to  the  Lords  of 
Trade  relative  to  the  seditious  spirit  fi'om  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,  and  the  troubles 
therefrom,  inclosing  Minutes  of  the  Council  in  regard 
thereto. .__ .__  507 

"  — Dee.  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  tlie  success  of  Col.  Croghan 
with  the  Indians 521 

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

regard  to  the  Stamp  Act _  524 

17G6— 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.     30.— The  Attitude  of  the  lawyers  of  New  Jersey  towards 

the  Stamp  Act 536 

"  "  20. — Determination  of  the  New  Jersey  lawyers  to  resume 
their  practice  regardless  of  the  Stamp  Act — Action 
of  the  Sons  of  Liberty 546 

"  "  8.— Letter  from  Colonel  William  Skinner  to  James 
Pai'lver,  informing  him  of  the  action  of  Parliament 
m  1  elation  to  the  Stamp  Act 548 

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


CONTEKTS.  XIX 

PAGE. 

1766 — March 31. — Circular  Letter  irom  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  Governor  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  tlie  abovementioned  speech.  563 

''  — 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  New  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  fi-om  the  Earl  of  Shelburne,  relative 
to  complaints  concerning  the  murdering  of  Indians 
under  British  protection ._ 569 

"  "  13. — Letterfrom  Secretaiy  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 

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

relative  to  his  appointment  as  agent  of  the  Province.  571 

"  — Dec.  11. — Circular  Letter  to  Governors  in  America,  I'equest- 
ing  an  exact  estimate  of  the  annual  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  ]^]arl  of 
Shelburne,  concerning  the  murdei's  and  violences 
committed  on  the  Indians,  and  the  Act  for  Supply- 
ing the  Barracks  . .   574 

"         "       33.— Letter  from   Governor  Franklin  to  the  Earl   of 


XX  CONTENTS. 

PAGE. 

Shelburne,  announcing  the  trial  and  execution  of  one 

Seymour  for  murdering  an  Oneida  Indian 578 

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

1767 — Jan.  20. — Letter  from  John  Stevens  to  James  Parker,  giving 
the  names  of  a  Commission,  just  arrived,  tor  settling 
the  line  between  New  York  and  New  Jersey 581 

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

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

"  —April  2. — Order  referriiig  the  petition  of  Mr.  Wilmot,  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 offices  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 

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

"  — May  23. — Letter  from  Secretary  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  boundary  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  Shelburne  to  Gov.  Franklin, 
conveying  the  King's  displeasure  with  the  Assembly 


CONTENTS.  XXI 

PAUE. 

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.  36. — Order  in  Council  approving  an  Instruction  requir- 
ing tlie  Governor  of  New  Jersey  not  to  assent  to  any 
law  touching  the  number,  duration,  etc.,  of  the 
Assembly 638 

'"  — Oct.  (I. — Letter  from  Governor  Franklin  to  Secretary  Shel- 
burne,  acknowledging  tlie  receipt  of  an  act  for  grant- 
ing certain  dtuies  in  the  British  Colonies,  and  the 
new  Seal  of  New  Jersey 640 

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

"  "  32. — Letter  from  Governor  Franklin  to  Secretary  Shel- 
burne,  relative  to  the  ineqtiality  of  the  expense  of 
qiuxrtering  trooi)s  in  the  Colonies. ._ 642 


NEW    JERSEY 

COLONIAL  DOCUMENTS. 


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

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

New  Jersey: 

Trenton  Sept"  28^1  1757. 
Sir, 

I  beg  Leave  to  acknowledge  the  Eeceipt  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  will  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  Kings  Govern- 
ment, to  the  just  Form  in  which  His  Majesty  has,  by  His 
several  Charters  and  Commissions,  established  them. 
And  under  the  situation  that  His  Majesty's  Governors 
are  at  ]^resent,  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  ADMOISTKATION    OF    PRESIDENT   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  Neiv  Jersey  to  John 
Beading,  President  of  the  Council — on  leaving  the 
Government  in  his  hands. 

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

Trenton  Sept^  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  Everton  house,  Bedfordsbire,  was  son  of  William  Pownall, 
Esq.,  and  was  bom  in  1720.  He  was  brothei*  of  John  Pownall,  the  Secretary  of  the 
Lords  of  Trade,  throuf?h  whose  influence  he  was  appointed,  in  1755,  Lieutenant- 
Governor  of  New  Jersey,  Governor  Belcher  at  that  time  beinar  quite  infirm.  He 
succeeded  Mr.  Shirley  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,  1759,  he  was 
nominated  for  the  soverument  of  South  Carolina,  but  he  does  not  appear  to  have 
entered  upon  the  duties  of  that  office.  He  returned  (o  England  in  June,  1760,  and 
is  not  mentioned  as  having  again  visited  America,  with  who.se  history,  geography 
and  polity  he  had  made  himself  thoroughly  acquainted  and  wrote  several  works 
thereon.  He  became  a  member  of  Parliament,  and  filled  several  other  important 
positions,  and  died  on  the  26th  of  February,  1805,  in  the  85th  year  of  his  age.— Dr. 
O'Callaghan  in  N.  Y.  Col.  Docts.,  Vol.  VI.,  p.  1009.— Ed. 


1757] 


ADMINISTRATIOK    OF    PllESIDENT    READING. 


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  tlie 
Hands  of  a  Gentleman  so  worthy  as  Yourself.  I  must 
acquaint  You  Sir,  that  I  have  given  my  Consent  to  5 
Resolves  of  the  two  Houses  of  Legislature  for  Raising 
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  ui)on  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,  but  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  will  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  l)e  &c 

T.  POAVNALL 

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


1  President  Reading  was  the  son  of 


and  Elizal'.etli,  liis  wife,  Quakers,  v.iio  emigrated  from  England  or.  account  of  tlie 
persecution  to  which  their  people  were  subjected.— i^i'rsi  Century  of  Hunterdon 
County,  by  the  Rev.  George  S.  Mott,  D.  D.,  1878,  p.  38.     They   setted   within 


ADMINISTRATION    OF    PRIiSIDENT    READING.         [1757 


Address  of  the   Council  of  New  Jersey  to   Thomas 
Po2vnaU,  Lieut. -Govern or,  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  T  ou  on  Your  Arrival 
here.  Your  undertaking  so  long  a  Journey  and  leav- 
ing the  Weighty  Government  to  which  His  Majesty 
has  been  pleased  to  appoint  You,  in  Order  to  establish 
the  Government  in  this  Colony,  which  was  for  some 


the  precincts  of  Gloucester,  of  which  county  the  elder  Reading  was  Clerk  and 
Recorder  from  1687  to  1711,  and  possibly  longer.  —  Fw-si  Settlers  of  Newton 
Township,  hy  John  Clement,  1877,  pp.  29,  95,  143,  245,  291;  Learning  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  Represeniatives  of  West 
Jersey  {N.  J.  Archives,  II,  146),  and  in  1702  was  recommended  for  a  seat  in  the 
Council  of  the  United  Province.— i6.,  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.,  HI,  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.,  TV,  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.,  02^ 
153,  171,  182-3),  and  he  continued  to  enjoy  the  dignity  until  his  death,  which 
appears  to  have  occurred  in  1717.— lb.,  333.  In  1095  he  became  the  owner  of 
the  ferry  at  Gloucester  Point,  and  carried  on  tlie  ferry  under  a  license  from 
the  covmty  until  1707.— First  Settlers  of  Neivton  Tovmship,  290.  From  the  map 
of  Gloucester  and  suburbs,  drawn  by  Thomas  Sharpe  in  1089,  and  published 
in  Mickle's  "  Reminiscences  of  Old  Gloucester,"  2d  ed.,  p.  40,  Reading  appears  to 
have  been  a  large  property  owner  in  and  about  that  town.  He,  with  William 
Biddle  and  William  Mills,  was  sent  in  1703  to  pm-chase  the  great  tract  of  150,000 
acres,  between  the  Raritan  and  Delaware.  His  residence  was  burned  down  in 
1711,  wiiich  doubtless  occasioned  his  removal  from  Old  Gloucester  to  his  tract  of 


1757]         ADMINISTRATION    OF    PRESIDENT    READING.  5 

Days  unsettled,  thro'  the  Reluctance  of  the  (Tentleman 
on  whom  the  Administration  devolved,  by  His  Majes- 
ty's Royal  Commission  and  Instructions,  to  lay  liim- 
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  Coining  to  take  upon  Your- 
self the  Administration,  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^  -!3'.'  lT5r 


land  above  LambertviUe,  where  he  died,  and  was  buried  in  the  grounds  of  the 
Buckingham  Friends"  Meeting,  in  Bucks  County,  Fenn.— First  Century  of  Hunter- 
don Count!/,  p.  29;  First  Settlers  of  Neivton  Toumship,  'i{)\.  The  statement  that  he 
was  a  member  of  the  Council  of  West  Jersey  that  met  at  Burlington  in  1083  is  not 
borne  out  by  the  list  given  in  Learning  and  Spicer,  for  that  year. 


the  son,  was  born  June  6tli,  1680,  and  died  Nov- 
ember 7th,  Yl&i.  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,  tiien  a  Lieuten- 
ant in  the  British  service.  [Sabine's  Loyalists,  II,  259.]  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,  under  the  grants  of  the  dividentl  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  COO  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  Biown.  He  is  said  to  have  planted  the  walnut  trees  grow- 
ing there.  He  owned  three  mill  properties,  including  the  farms  now  (1878)  in  pos- 
session of  Barton,  Stothoff,  Deats,  Ewing,  Clark  and  Brown.  He  was  one  of  the 
first  Ti'ustees  of  Princeton  College.  His  name  is  at  the  head  of  the  list  in  1748.— 
History  of  the' Collecfe  of  New  Jersey,  by  John  Maclean,  1877,1,18.      His  influence 


6  ADMIKISTRATION    OF    PRESIDENT   READING.         [1757 

ANSWER. 

Gentlemen 

I  thank  You  for  Your  obliging  Congratulations. 
Your  kind  Acceptance  of  My  Services  cannot  but  be 
very  agreable  to  me.  ]V[y  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  Ansiver. 

[From  P.  R.  O.  B.  T.  New  Jersey,  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  inifluence  of  their  sire.  They  were 
prominent  in  church  matters,  and  took  a  lively  interest  in  the  revolutionary  strug- 
gle. The  j'ouugest,  Thomas,  was  a  captain  in  the  third  battaUon  of  the  Jersey 
brigade ;  and  three  grandsons  were  commissioned  in  the  same  service.  Miv  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  sons.  General  John  Beatty,  was  in  the  Revolutionary 


1757]         ADMINISTRATION    OF    PRESIDENT    READING.  7 

In  conieing  to  which  your  Honour  has  shown  that  Dis- 
tance is  no  Hindrance  to  your  Zeal  for  the  good  of 
those  you  are  apj^ointed  to  Govern  and  that  no  Fatigue 
can  check  that  indefatigahle  A]:>phcation  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 
hoj^e  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  Erkuiies  Beatty.  Elizabeth,  another  daughter 
of  President  Reading,  married  John  Hackett,  from  whom  Hackettstown  derived 
its  name." — First  Century  of  Hunterdon  County,  pp.  ^8-31.  In  1719,  I^Ii\  Reading 
was  one  of  the  commissioners  to  adjust  the  nortliern  boundary  with  New  York 
{Archives,  IV.,  394),  and  in  1740  was  appointed  to  a  like  service  in  settUug  the  line 
between  Massachusetts  and  Rhode  Island.— Paj^ers  of  Governor  Lewis  Morris,  1853 
p.  99;  N.  Y.  Col.  Docs.,  VI.,  168.  He  was  i-ecommended  in  1718  for  a  seat  in  the 
Council  {lb  ,  V.,  531),  and  was  appointed  in  1730  (lb.,  V.,  531),  serving  thereafter 
until  1758.  In  1738  he  was  named  as  one  of  tlie  commissioners  for  West  Jersey  to 
try  pirates,  who  then  aboimded  along  the  Atlantic  coast.— ^rc/u'yes,  V.,  197.  On 
the  death  of  President  John  Hamilton,  June  17,  1747,  Mr.  Reading,  as  the  senior 
Councillor,  became  President  of  the  Council,  and  assumed  the  duties  of  Governor 
{lb.,  VI.,  463),  but  gladly  surrendered  the  seals  to  Governor  Belcher  two  mouths 
later.— 76.,  VH.,  11.  When  Govei-uor  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,  ami  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 
tlie  Royal  assent,  Mr.  Reading  with  great  reluctance  qualified  as  acting-Governor, 
and  took  upon  himself  the  admhii.stration  (lb.,  VIII.,  Pt.  3,  pp.  359-370),  which  he 
retained  practically  until  the  arrival  of  Governor  Bernard,  in  June,  1758.  Six 
months  later  he  was  relieved  from  his  official  duties  by  the  appointment  of  Charles 
Read  in  his  stead  as  Councillor.  (See  post,  under  date  December  13,  1758.)  "At 
the  ripe  age  of  eighty-one  his  long,  useful  and  honored  career  endi-d,  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  Amwell  church,  his  ashes  lie." — The  Rev.  Dr. 
Mott,  ut  supra.  The  autograph  given  as  that  of  President  Reading,  in  Vol.  VI.,  of 
these  Archives,  pp.  143  and  463,  and  in  Vol.  VH.,  p.  85,  is  that  of  his  father. — [W.  N.J 


8  ADMINISTRATION    OF    PEESIDENT   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  24H»  1757 

[answer.] 
Gentlemen, 

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

Tho'  y''  Necessity  of  His  Majesty's  Service  in  my 
Government  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  aiise  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  Cormuallis''s 
Regiment. 

[From  MSS  of  Wm.  A.  Whitehead,  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 
CornwaUis  Regiment,  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]         ADMINISTRATION    OF    PRESIDENT    READING.  (J 

Majesty's  Service.  General  Cornwallis'  Regiment  Con- 
sists of  two  Battallions.  The  fii'st  is  gone  upon  this 
Secret  Expedition,  the  other  is  quartered  at  Gosport. 
I  consulte  1  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  many  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  ha.d  taken 
an  Island  near  Rochfort,  and  also  Island  Aye  near 
Bourdeaux  with  little  opposition,  and  that  they  are 
now  upon  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  ke])t  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  exchaiige  from  France  and  should  be 
obliged  to  his  Lordship  if  he  would  order  them  to  be 
subsisted  as  soon  as  they  lauded.  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,  ujion  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.         [l757 

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  the  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"  Skinnee. 


Return  of  Stores  at  Schenectady,  New  York,  made  by 
Col.  John  Parker,  1757. 

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

Firelocks  270— 

Cartouch  boxes  -100. 

Powder  horns  400. 

Tents  with  Tent  poles  100. 

Camp  Kettles  80. 

Powder  Uoo  Wt 

Lead  80o0 

Keemes  of  cartridge  paper  1(5 

Drums  8 

Drum  heads  10, 

N.  B.  I  think  the  men  had  better  have  pouches 
instead  of  powder  liorns  as  they  are  always  loosing 
the  ball  they  have  in  their  pockets.  The  pouches  if 
approved  of  to  be  made  after  the  form  of  the  Royal 
Americans — 


ayrA^//^  ^ 


'  John  Parker,  the  son  of  John  Parker,  a  member  of  Governor  Btimet's  Council, 
1719-J732,  was  born  November  7,  1729,  received  a  mercantile  education,  served  as 
midshipman,  17!5  GO,  and  was  at  sea  during  the  next  four  years.    In  the  campaigns 


1757]         ADMINISTRATION    OF    PKESIDENT    KEADINU.  11 


Order  of  the  Lords  of  the  Committee  of  Council  for 
Plantation,  Affairs,  referring  to  tliis  Board  a 
Petition  of  the  Agent  for  tJte  Assembly  of  New 
Jersey,  prayimj  that  the  Governor  he  directed  to 
assent  to  a  Bill  for  emitting  £<»(),0(hi  in  Paper 
Bills  of  Credit. 

[From  P.  R.  O  B.  T.  New  Jersey,  Vol.  8,  I.  40.] 

At  the  Council  Chamber  Whitehall  the  US''' 
OF  November  1757. 


L.  S.  i 


By  the  Right  Honourable  the  Lords  of 
of  the  Committee  of  Council  for  Planta- 
tion Affairs. 


His  Majesty  having  been  pleased,  by  His  Order  in 
Council  of  the  U'!'  of  this  Instant,  to  referr  unto  this 
Committee  the  humble  Petition  of  Richard  Partridge, 
Agent  for  and  in  belialf  of  the  House  of  Representa- 
tives of  the  Colony  of  New  Jersey  in  America,  humbly 
Praying,  for  the  Reasons  therein  contained.  That  His 
Majesty  will  be  graciously  ])leased  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  175.5-G  against  the  French  he  commanded  a  company  in  the  fourth  battalion  of 
the  Royal  American.s,  and  after  Col.  Schuyler'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  Henry,  with  the  rank  of  colonel,  and  in  seeking  to  attack 
the  advance  guard  of  tlie  French  at  Ticonderoga,  wifh  three  hundred  and  fifty 
men,  was  andaushed,  losing  all  but  about  eighty  of  his  party.  He  died  1705,  a^ 
Port  Royal,  in  the  West  Indies,  where  he  had  engaged  in  active  service  a.gainst  the 
Fvench.— Whitehead's  Ilistory  of  Perth  Ainboij,  etc.,  130-133;  Gordon')!  liiatoru  of 
New  Jersey,  127-8.— W.  N. 


12  ADMIISriSTRATION   OF    PRESIDENT    READING.         [1757 

"Jersey,  The  Interest  whereof  to  smk  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  Eelief 
"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  Eeport  their  Opinion  thereupon  to  this  Committee. 

W.  Sharpe 


To  Geoege  the  Second  King  of  Great  Brit- 
ain &c^.  IN  Council. 

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

Humbly  Sheivetli 

That  the  said  House  of  Representatives  in  General 
Assembly  met,  have  represented  tbat  the  continued 
Distresses  of  this  the  Kings  dutiful  and  loyal  Colony 
oblige  them  to  i-enew  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  Coal,  or  in  a  great   Measure 


1757]         ADMIKISTKATION    OF    PRESIDENT    READING.  13 

useless  to  the  Community;  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  Respects,  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  Approbation,  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  Relief  of  the  said  Colony"  Signed  by 
Rob'  Lawrance  Speaker,  dated  17'-'  of  March  1757 
Which  Bill  the  said  Assembly  bath  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  inmiediately 
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  agaiust  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  Propoi'tion  of 
Men  for  Services  Abroad,  and  in  diverse  other  Re- 
spects, are  such  as  require  an  Exeition  of  every  Pru- 
dent Measure  to  prevent  their  being  disabled  from 
assisting  the  Common  Cause  hereafter,   and  thereby 


14  ADMINISTRATION    OF    PRESIDENT   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  Amboy — 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  first  Battallion  of  General  Cornwallis's 
Regiment  &  have  Nine  or  Ten  under  me.  The  diffi- 
cultys  I  mett  with  in  Ariiving  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  Provmi- 
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]        ADMINISTRATION    OF    PRESIDENT    READIN(J.  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  Regimentals,  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  })lace  myself  and  in 
what  manner  I  shou'd  present  my  Petition  to  the 
King ;  which  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  ui)on  my  right  knee  and 
present  it  to  him,  whicii  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  ( Uiamber 
and  did  me  the  honour  of  reading  it  himself,  upon 
which  my  Lord  Harford  came  to  me  and  told  me,  that 


16  ADMINISTRATION    OF   PRESIDENT    READING.         [1757 

he  did  not  doubt  but  that  it  would  succeed,  for  says 
he  the  King  has  read  your  Petition  which  I  never 
knew  him  to  do  before,  for  Lord  in  waiting  always 
reads  it  to  the  King.  This  Eeception  gave  me  great 
Encom-agement,  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  spoke  them,  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  promise  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  liis  company  and  was  taken  prisoner  witli  him  at  Oswego. 
Tlie  regiment  to  which  he  became  attached,  as  in  the  text,  was  sent  to  America, 
antl  on  Jimc  10th,  17GS,  he  was  promoted  to  a  Captaincy,  became  a  major  in  the 
70th  Regiment,  returned  with  it  to  England,  and  remained  there  during  the  Revolu- 
tion. He  subsequently  refurned  to  America,  took  up  his  residence  at  Amboy,  and 
married  a  daughter  of  Philip  Kearny,  and  died  there  in  December,  1797.— 5ee  Con- 
tributions to  the  Early  Histori/  of  Perth  Amboy,  p.  119.— Ed. 


1757]         ADMINTSTRATION    OF    PRESIDEJSTT   READIN^G,  17 

advised  him  to  go  a  Volunteer  in  my  Lord  Loudon's 
Regiment  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  al)Out 
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  Pi'ovince,  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  i;>  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,  left  him  be  sent  by  a  Man  of  Warr,  to  Lady 
Warrens  Cavendish  Square  London 

Be  so  good  as  he  write  M''  Fitz  Roy  and  tliank  him 
for  his  goodness  to  me  and  my  Bro''  for  [I]  do  assure 
[youj  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  usuvt-i: -Contri- 
butions to  the  Early  History  of  Perth  Amboy,  p.  12G.— Ed. 

2 


18  ADMINISTUATION"   OF   PRESIDENT    HEADING.         [1757 

Spring,  and  in  all  probability  tliis  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  Deceaiber  In  the 
year  of  our  Lord  One  thousand  Seven  hundred  and 
fifty  Seven. 

Jas  P  Barmer  [l.  s.] 

Jas.  Jauncey  [l.  s.] 

Leonard  Lispenard  [l.  s.] 
Jn?  Waddell  [l.  s.] 

Jn?  Leake  [l.  s.] 

EiCH?  Jeffery  [l.  s.] 


1757]         ADMINISTRATION    OF    PRESIDENT    READING.  19 


Wdrrwd  setUhuj  the  Rank  of  Provincial  Officers  in 
North  America. 

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

George  R. 

[l.  S.J  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,  wlierein  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  C^ommission  of  the 
said  Provincial  Officers  of  the  like  Rank  sliould  be  of 
Elder  date.  And  Whereas  by  another  Warrant  bear- 
ing date  the  twelfth  day  of  May  1T5<)  in  the  Twenty 
ninth  year  of  our  Reign  We  were  pleased,  fui'ther  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  Americp, 
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  Regular  Forces;  And  We  being  willing  to  give  due 
Encouragement  to  Officers  serving  in  Our  Provincial 
Ti-oops,  are  hereby  pleased  to  declare,  that  it  is  our 
Will  and  Pleasure,  that,  for  the  future,  all  Geuei-al 
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  like  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  like  Rank  signed  by  Us  or  by 
our  said  General.  Given  at  our  Court  at  St.  James's 
the  thirteenth  day  of  December  1757  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]         ADMINISTRATION    OF    PRESIDENT    READING. 


21 


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

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

At  the  Court  at  S^  James's  the  2V^  day  of 
January  1758 


-Il.s.  i 


Present 

The  Kings  most  Excellent  Majesty 

IN  Council 


Upon  reading  this  day  at  the  Board,  a  Representation 
from  the  Lords  Commissioners  for  Trade  and  Planta- 
tion, dated  the  26*^'  of  this  Instant,  Proposing  that 
Fi'ancis  Bernard  Esq?"  may  he  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 

^^~~/f  iC^T  ^        ^^^  descended  from  a  re- 

\^y7'72>'  .  K^J ^^?Tt^iX''^?'XX^^=>  spectable  family  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  Solicitor  at  Doctor's  Commons  in 
London.  He  landed  at  Perth  Amboy  AVednesday,  June  14th,  1758,  from  "His 
Majesty's  Ship  the  Terrible,"  on  board  of  which  he  had  come  from  England,  hav- 
ing 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  Mayor  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  Corporation  of  the  City  waited  upon 
him,  and,  by  Samuel  Nevill,  the  Mayor,  presented  him  with  the  usual  complimen- 
tary address,  and  the  ( 'orjJoration  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 


32  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- 
tlian  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  hefore  His  Majesty  at  this  Board  for  His  Royal 
Approbation. 

W.    Blair. 


therefore  from  Amboy  on  the  21st  June,  escorted  by  most  of  tlie  inhabitants  of 
note,  and  on  liis  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  whicli,  we 
are  told,  "  his  Excellency  returned  an  elegant  and  polite  Latin  answer  extempore:" 
an  undertaliing  which  few,  if  any,  of  his  predecessors  or  successors  would  have 
ventured  upon.  After  receiving  and  replying  to  an  addi'ess  from  the  Trustees,  the 
Governor  i^roceeded  on  to  Burlington,  arriving  there  the  same  day,  and  again 
experienced  the  gratification  of  having  "his  knowledge  in  the  law,  justice  and 
candor"  eulogized  by  the  Corporation,  the  minister  and  vestry  of  the  Church 
adding  their  congratulations.  Governor  Bernard  took  up  his  residence  m  Perth 
Amboy,  and  merits  a  conspicuous  niche  in  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  fine  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  i^assages  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  architectm'e.  *  *  *  He  was  a  beUever  in  the 
principles  of  Christianity,  the  effect  of  study  as  w^ell  as  of  education,  and  was 
regular  in  his  attendance  upon  pubUc  worship;  attached  to  the  Church  of  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. — Contributions  to  the  Early  History  of  Perth 
Amboy  and  adjoining  country  ,'  Sabine''s  American  Loyalists  ,'  Elliotts  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,  natm-ally  siding  with  the  partj'  that  gave  him  office,  became  ex- 
ceedingly obnoxious  to  the  patriots,  who  assailed  him  in  the  Legislature  and  the 


1758]         ADMINISTRATION    OF    PRESIDENT    READIN^G.  23 


Draft  of  the  Commission  of  Francis  Bernard  as  Gov- 
ernor of  New  Jersey,  submitted  to  the  Attorney  or 
Solicitor  General. 

I  From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  Ki,  page  25.] 

George  the  Second  by  the  Grace  of  God,  of  Great 
Britain,  France  and  Ireland  King,  Defender  of  the 
Faith,  &c.  To  Onr  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  raeer  motion,  have  thought  fit 
to  constitute  and  appoint,  and  by  these  Presents  do 
constitute  and  appoint  you  the  said  Francis  Bernard  to 
be  Our  Cap"  General  and  Governor  in  Chief  in  &  over 
Our  Province  of  Nova  Ca^sarea  or  New  Jersey,  Viz: 
the  Division  of  East  and  West  New  Jersey  in  America, 


public  prints.— Parfon'.s  Life  of  Franklin,  11.,  563;  Gordon's  Neiv  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  June,  1709, 
that  legislatm-e  petitioned  the  king  for  his  removal,  on  charges  almost  purely 
political,  and  in  August  he  sailed  for  England  to  contest  the  matter,  witli  such  suc- 
cess, that  in  March,  1770,  the  petition  was  dismissed  by  his  JIajesty's  privy  council. 
— Select  Letter's  on  the  Trade  and  Government  of  America,  etc.,  by  Governor  Ber- 
nard, London,  1774,  pp.  89-130.  However,  he  never  returned  to  Americta.  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,  kflighted  and  ennobled."— Trorfcs,  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 ;  naturally  daring  and  courageous ; 
skilled  enough  in  law  and  pohcy  to  do  mischief,  and  avai-icious  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,  21.— W,  N. 


34  ADMINISTRATION    OF    PRESIDENT   READING.         [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  accordmg  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,  Aii 
Act  for  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  tlie  pretended 
Pr^iyice  of  Wales  and  his  open  and  secret  Abettoi^s:  As 
also  that  you  make  and  subscribe  the  Declaration  men- 
tioned in  an  Act  of  Parliament  made  in  the  ^5'.'.'  Year 
of  the  Reign  of  King  Charles  the  Second,  Entituled 
an  Act  for  preventing  Dangers  which  may  happen  from 
Popish  Recusants,  and  likewise  that  you  take  the 
usual  Oath  for  the  due  Execution  of  the  office  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  required  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  sai:l  Province  or  any  three  of  the  Members 
thereof,  have  hei'eby  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  wbich  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  Crown  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  aforementioned  Declaration, 
and  administer  to  them  the  Oath  for  the  due  Execu- 
tion of  their  Places  and  Tiusts. 

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  L-ause  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  ADMINISTKATION    OF    PRESIDENT   READING.  [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  will 
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,  untiU  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  shaU  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  MaJ'-r  Person  and  Govermnent 
and  the  Succession  of  the  Croivn  in  the  Heirs  of  the 
late  Princess  Sophia  being  Protestants,  And  for  ex- 
tinguisliitig  tlie  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]ipointed  to  be  taken  and  made  instead  of  the  Oaths 
of  Allegiance,  Supremacy  and  Abjuration,  by  an  Act 
passed  within  Our  said  Province  of  Nova  CiBsarea  or 


1758]         ADMINISTRATION    OF    PRESIDENT  READfNG.  27 

New  Jersey,  in  the  first  Year  of  our  Keign,  eutituled, 
an  Act  prescribing  the  Forms  of  Declaration  of 
Fidelity,  the  Effect  of  the  Abjuration,  Oath  and  Affir- 
mation, instead  of  the  Forms  Jieretofore  required  in 
such  Cases;  and  for  repealing  the  former  Acts  i)i  tlie 
like  Cases  made  &  provided  ;  whicli  Oatlis.  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  <Sz  subscril)'d,  no  person 
shall  be  capable  of  sitting  though  elected,  And  We  do 
hereby  declare  that  the  persons  so  elected  and  quali- 
fy ed  shall  be  calFd  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  fo]*  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  Laws,  Statutes 
and  Ordinances,  of  what  Nature  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,  Our  Heirs  or  Successors  under  Our 
or  their  Sign  Manual  and  Signet,  or  by  Order  of  Our 


28  ADMINISTRATION    OF    PRESIDENT   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  shall  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  &  Ordam, 
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  shall  and  may  likewise  from  time  to  time, 
as  you  shall  judge  it  necessary,  adjourn,  prorogue  and 
dissolve  all  General  Assemblies,  as  aforesaid. 

And  Our  further  Will  &  Pleasure  is,  that  you  shall 
and  may  use  and  Keep  the  Publick  Seal  of  Our  Prov- 
ince of  Nova  Caesarea  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  Authofity  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]         ADMINISTRATION"    OF   PRESIDENT   READING.  29 

hearing  and  determining  all  causes,  as  well  Criminal 
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,  an  Act  for  the  further  Security  of  Our 
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  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  and'  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  ADMINISTRATION    OF   PRESIDENT   READING.         [1758 

And  We  do  by  these  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  unde]'  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 
Rebels,  both  at  Sea  and  Land,  and  to  transport  such 
Forces  to  any  of  Our  Plantations  in  America  (if  neces- 
sity shall  require)  for  the  Defence  of  the  same  against 
the  invasion  or  Attempts  of  any  of  Our  Enemies,  and 
such  Enemies,  Pirates  and  Rebels,  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  shall  so  please  God,  them  to  vanquish, 
apprehend  and  take,  and  being  taken  either  according 
to  Law  to  put  to  Death,  or  Keep  and  preserve  alive  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  Right  to  belong. 

And  We  do  hereby  give  and  grant  unto  yuu  full 
Power  &  Authority,  by  and  with  the  Advice  and  Con- 
sent of  Our  said  Council,  to  erect,  raise  and  build  in 
Our  said  Province  of  Nova  Ca?sarea  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  all  sorts  of  Arms  fit  and  necessary 


1758]         ADMINISTRATION    OF    PRESIDEN^T  READING.  31 

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

And  for  asmuch  as  divers  Mutinies  and  Disorders 
may  happen  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  anto  You  the  said  Francis  Bernard 
full  Power  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  )i'2'^  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,  eithei'  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  ADMINISTRATION    OF    PRESIDENT   READHSTG.  [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  require;  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  Laivs  relating  to  the  Government  of  His  Majesty s^ 
Shi^js,  Vessels  and  Forces  by  Sea,  and  not  otherwise. 

Provided  nevertheless  that  all  Disorders  and  Mis- 
deameanors  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  connnitted  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]         ADMINISTRATION    OF    PRESIDENT   READING.  33 

Money  raised  or  which  shall  be  raised  by  any  Act 
hereafter  to  be  made  within  Our  said  Province,  be 
issued  out  by  Warrant  from  You,  by  and  with  the 
advice  &  Consent  of  Our  CJouncil,  and  disposed  of  by 
you  for  the  Sup])ort  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  CV^nvenience  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  contained;  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- 
sionated  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  first  placed  in  Our  said  Instructions  to  you, 
and  who  shall  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 


34  ADMINISTRATION    OF    PRESIDENT  READING.         [1758 

&  execute  Our  said  Commission  and  Instructions  and 
the  several  Powers  and  Authorities  therein  contain'd, 
in  the  same  Mannei-  and  to  all  Intents  and  pm'poses 
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  Csesarea  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  Reign.  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. 


Beport  of  the  Lords  of  Trade  tipon  the  Petition  of  the 
Agent  of  New  Jersey,  respecting  a  Bill  for  issuing 
£89,000  in  paper  Bills  of  Credit. 

IFrom  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  IG,  Page  55.] 

To  the  Eight  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  16  of 
Nov!'  last,  We  have  taken  into  Our  Consideration  the 
humble  Petition  of  Richard  Partridge,  Agent  for  &  in 


1758]         ADMINISTRATION    OF    PRESIDENT    READ1NC4.  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  be  emitted  on  Loan  ivithin  the  Colony  of 
New  Jersey,  the  interest  whereof  to  sink  the  further 
Sum  0/  £29,000,  to  he  also  made  current  for  the  imme- 
diate Service  of  the  Crown  if  the  same  should  be  needed, 
otherwise  for  the  Belief  of  the  said  Coloyiy.  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  Rej^resenta- 
tives  seem  to  have  assumed  to  themselves  not  only  a 
power  or  joining  with  the  Gov!"  &  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  ADMINISTRATIOK    OF    PRESIDENT  READIKG.         [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  l)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  ought  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 
1T55,  1750,  &  1T5T,  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 
reasonable  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  1T50  for  restraining  the  Paper  Cur- 
rency in  the  four  Colonies  of  New  England. 

With  regard  to  the  third  objection;  the  making  Bills 
of  Credit  legal  Tenders  in  all  payments  is  contrary  to 
the  sense  of  Parliament,  as  expressed  in  their  Eesolu- 
tions  of  the  5*?*  of  April  1Y40,  &  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 


1738]         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  Bills  should  be  appropriated  to  support  their  Cir- 
culation; &  this  Method,  We  believe  might  not  only 
be  easily  and  successfully  pursued,  but  wouVl  be  like- 
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,  &  still  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  liable  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  Cui-rency,  namely,  the  inabihty  of 
the  People  in  their  present  circumstances  to  carry  on 
Trade  or  even  their  Dea,lings  foi"  the  Common  neces- 
saries of  Life,  &  to  continue  their  Assistance  to  the 
coiumon  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  £1<»T,<H»0;  &,  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  necessity  arising  from  their  Inal)ility 
to  contribute  towards  the  Prosecution  of  the  War,  it 
may  be  obviated  by  His  Majestys'  permitting  his  GovV 


38  ADMINISTRATION    OF    PRESIDENT  READING.  [1758 

to  give  his  Assent  to  any  Bill  or  Bills  for  issuing  such 
Quantity  of  Paper  Currency  as  may  be  necessary  for 
defraying  the  expence  of  such  military  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 
Govf  of  the  Province  of  New  York. 

We  are,  My  Lords,  &c 

Dunk  Halifax. 
T.  Pelham. 

SOAME  JeNYNS. 

Whitehall  W.  G.  Eamilton. 

Feb?  21.  1758  W.  Sloper. 


Representation  to  the  King  from  the  Lords  of  Trade 
with  a  draft  of  Generrd  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.  61.] 

Whitehall,  Feb'y  23,  1758. 

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  Jan7  last,  We  have  prepared  Draugts 
of  General  Instructions  &  of  those  which  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]         ADMINISTRATION    OF    PRESIDENT  READING.  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  Jona!'  Belcher  Esq!"  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  10*"  Article  of  the  former  in- 
structions, whereby  the  Governor  was  directed  not  to 
give  Assent  to  any  x\ct  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  impropei*  to  be  continued  in  the  present  Conjunc- 
ture, We  have  therefore  inserted  in  its  place  the  22'' 
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  issumg  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  ill  the  Year  l75o  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  Gov!",  as  appeared  to  Us 
to  have  become  obsolete,  useless  or  improper,  and  liave 
inserted  such  Articles  of  the  Instructions  given  to  the 


40  ADMIN ISTRATIOIsr    OF    PRESIDENT   BEADING.         [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  Parliament  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  like  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  Bernard  Esq!  Our  Captain  General 
and  Governor  in  Chief  in  and  over  Our 
province  of  Nova  Caesarea  or  New  Jersey 
in  America.     Given  at   Our  Court  at  S- 

James's  the day  of 1758  in  the 

thirty  first  day  of  Our  Eeign. 

P*  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  C^ouncil  in  and  for 


1758]        ADMINISTKATIONT    OF    PRESIDENT    READING.  41 

that  province,  viz*  Jii?  Reading,  Robert  Hunter  Morris, 
Edward  Antill,  James  Hude,  Andrew  Johnston,  Peter 
Kimbold,  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  Meaibers 
of  Our  said  Council  the  Oaths  mentionVl  in  an  Act 
pass'd  in  the  first  Year  of  His  late  Majesty  Our  Royal 
Father's  Reign,  entituled,  cdi  Act  for  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  extinguish- 
ing the  hojDcs  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 
Parliament  made  in  the  25"'  Year  of  the  Reign  of  King 
Charles  the  second,  entituled,  an  Act  for  preventing 
Daiigers  which  may  happen  by  Popish  Recusants;  And 
you,  and  every  of  tliem,  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  7  &  8 
Years  of  the  Reign  of  King  William  tlie  o'*  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- 
S071  and  Government,  and  the  Succession  of  the  Crown 
in  the  Heirs  of  the  late  Princess  Sophia  being  Protes- 
tants, and  for  extinguishing  the  Hopes  of  the  pretended 


42  ADMINTSTRATION    OF    PRESIDENT   REAPING.         [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  whicli  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  communicate  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. 

().  And  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]         ADMINISTRATIOlSr   OF    PKESIDENT    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  Abilities  suitable  to  their  Employments. 

10.  YoK  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  ujDon  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  comnninicated  to  the 
Council,  you  may  in  that  Case  suspend  such  Person 
without  their  Consent;  but  you  are  thereupon  imme- 
diately to  send  to  Our  C^ommissioners  for  Trade  and 
Plantations,  in  Order  to  be  laid  before  Us,  an  Account 


4:4  ADMIXISTKATION   OF   PRESIDENT  READING.  [1758 

of  your  proceedings  therein,  with  your  Reasons  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  Oui'  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 
obtain'd  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  lawfuU  Cause,  and  shall  persist  therein  after 
Admonition,  you  suspend  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]         ADMINISTRATION    OF    PRESIDENT    READINTG.  45 

the  said  general  Assembly  be  at  Perth  Aniboy  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  publick 
Manner,  that  the  Method  of  choosing  Eepreseiitatives 
for  the  future  shall  be.  as  follows;  Viz^  two  by  the  In- 
habitants— Householders  of  the  City  or  Town  of  Pei'th 
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  ov  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  d-  Pleasure,  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  qualifyed,  as  aforesaid,  are  hereby  de- 
clared capable  of  being  elected  accordingly. 

1-1.  You  are  to  choose  in  tlie  passing  of  Laws,  that 
the  Stile  of  enacting  the  same  be  by  the  Governor, 
Council  and  Assembly  and  no  othei';  You  are  also,  as 
much  as  possible,  to  observe  in  the  passing  of  all 
Laws,  that  wiiatever  may  be  re([uisite  upon  each 
different   niattei'  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  other,  and  you  are  more  especially  to  take  care, 
that  no  Clause  or  Clauses  be  inserted  in  or  annexed  to 
any  Act,  which  shall  be  foreign  to  what  the  Title  of 
such  respective  Act  imports;  and  that  no  perpetual 
Clause  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  htx\e  formerly  been 
enacted  in  several  of  Our  Plantations  in  America,  for 
so  short  a  time,  that  the  Assent  or  refusal  of  Our 
Royal  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  shaU  not  reenact  any  Law  to  which  the 
Assent  of  Us  or  Our  Royal  predecessors  has  once  been 
refused,  without  express  Leave  for  that  purpose  first 
obtained  from  Us,  upon  a  fuU  Representation  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.  A7id  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   PRESinENT    READING.  4? 

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  tliis  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  received  Our  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  untill  Our  Pleasure  shall  be  known  concerning 
the  same. 

IT.  You  are  also  to  take  Care,  that  no  private  Act, 
whereby  the  property  of  private  Persons  may  be 
affected,  be  passed,  in  wliich  there  is  not  a  saving  of 
the  Right  of  Us,  Oui'  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  tlie 
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  C-ouncil 
Books,)  that  publick  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  tlie  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  Publick  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  pass  any  Law  or  do  any  Act  by  Orant,  Settlement 
or  otherwise,  whereby  Our  Ee venue  may  be  Lessened 
or  impaired  without  Our  especial  leave  or  Command 
therein. 

19.  You  are  not  to  suffer  any  pubhck  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  siguify  unto  them,  as  there  shall  be 
occasion. 

20.  Yo^i  are  not  to  peiMuit  any  Ckiuse  whatsoever 
to  be  inserted  in  any  Law  for  the  Levying  Money  or 
the  Value  of  money,  whereby  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  Eeceipts 
&  payments  of  all  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  yourseKto  Our  Commissioners 
for  Trade  and  Plantations,  and  Duplicates  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 
Right  and  due  apphcation  of  the  Revenue  of  Our  said 
province  with  the  probability  of  the  increase  or  Dimi- 
nution of  it  under  every  head  or  Article  thereof. 

^l**^  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  the 
sui)ply  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. 

^2.    Whereas  Acts  have  been  passed  in  some  of  Our 

This  Article  Plantations  in  America  for  striking  Bills  of 

by  the  Lords  Credit  and  issuing  out  the  same  in  lieu  of 

of  the  Council,  Mouey,  and  for  declaring  the  said  Bills  to 

&  iu  lieu  there-  "^  '  .  '^ 

ofwasinsert'd  be  legal  Touders  in  payment  of  all  private 
SUeifstrulT-  Contracts,  Debts,  Dues  and  Demands  what- 
tious  giveu  to  soever,  in  Order  to  dischai-ge  their  publick 

.lonathau  Bel-    r^    i  j_  i   ^  j_i  ^  i 

Cher  Esq'  the  Dcbts  aiid  lor  other  purposes;  from  whence 
lateGov^  scvcral  Incoiivenieiices  have  arisen;  It  is 
in  Council  ^1^-  therefore  Our  Will  and  Pleasure,  that  you 
ted  1"  of  April  (lo  uot  givo  your  Assent  to  or  pass  any  Act 
Bund'<=  in  the  Province  of  New  Jersey  under  your 
Government,  whereby  Bills  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  iu  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 


§0  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  v^hatsoever  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  their  first  meeting  after  your  Arrival,  and 
to  use  your  utmost  Endeavour  with  them,  that  an 
Act  be  passed  for  raising  and  settling  a  publick  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  Sterling  or  Proclamation 
Money  or  in  paper  Bills  of  Credit  current  in  that  Prov- 


1758]         ADMINISTRATION    OF    PRESIDENT  READING.  51 

ince  in  propoi'tiou  to  the  A'alue  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  tliat  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  established  per  Diem  during 
their  Attendance  only;  And  when  such  Revenue  shall 
have  been  so  settled  and  Provision  made  as  aforesaid, 
then  Our  express  Will  d-  Pleasure  is,  that  neither  you 
Our  Governor,  nor  any  Governor,  Lieuteii:  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  Will  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. 

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


52  AbMIlSriSTEATION    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  meaniug  of  the  said  Act,  and  to  the 
jDrejudice  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  several  others  of  Our  good  Subjects 
of  Great  Britain  trading  to  Our  Plantations  in  Amer- 
ica, that  greater  Duties  and  Impositions  are  laid  on 
their  ShijDs  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. 

26.  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  preventing  Robbery,  Burglary,  and  other 
Felonies,  and  for  the  more  effectual  Transportation  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  tvv^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 
from  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  Caes- 
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  C-ouncil,  as  may  be  most  acceptable 
to  the  generality  of  the  Inhabitants  ;  and  to  send  unto 
Our  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  sej^arately  under  the 
Puhlick  Seal  unto  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  f)lease  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  received  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  every  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]         ADMINTSTRATION   OF    PRESIDENT    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  tliat  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  Eights  and 
Dues  be  pi'eserved  and  recovered,  and  that  speedy  and 
effectual  Justice  be  administred  in  all  Cases  relating  to 
Our  Revenue;  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  estabhshed 
there. 

33.  Yon  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  ComiDlaints  have  been 
made  to  Us  of  great  Delays  and  undue  i)roceedings  in 
the  Courts  of  Justice  in  several  of  Our  Plantations, 


5G  ADMINISTRATION    OF    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  per- 
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  ])y  ill  Masters,  or  Overseers  may  be 
used  towards  their  Christian  Servants,  and  their 
Slaves;  and  that  Provision  be  made  therein,  that  the 
willful!  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  Will  &  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  Chai'ges  as  shall  be  awarded,  in  Case  the  first 
Sentence  be  affirmed,  and  if  either  party  shall  not  rest 
satisfy ed  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  Api^eals  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  Rights  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 
further  Will  &  Pleasure,i\\3i  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  Restitution  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. 

ttO.  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. 

41.  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  Deputy  any 
of  the  said  Offices;  And  it  is  Our  further  Will  &  Pleas- 
ure, that  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  Our 
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]         ADMINISTKATIOlSr    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  repjulate  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  behaviour  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- 
selited  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  tlie  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  C*ase  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  v^hich 
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  mention'd  to 
be  granted  unto  you,  take  upon  you  to  give,  grant  or 
dispose  of  any  Office  or  place  w^ithin  Our  said  Province, 
which  now  is  or  shall  be  granted  under  the  great  Seal 
of  Great  Britain  or  to  wiiich  any  person  is  or  shall  be 
appointed  by  Wan-ant  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  shall  be 
appointed  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]         ADMINISTRATION    OF    PRESIDENT   READING.  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 
drawn  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. 

4S.  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 
tliey  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  Offi-cers  of 
Our  Customs  in  the  Province  of  Nova  Ca?sarea  or  New 
Jersey,  may  dye  at  the  time  when  the  Surveyor  is 
absent  in  some  distant  part  of  his  District,  so  that  he 
cannot  receive  Advice  of  such  Officers  Death  within  a 
reasonable  time  and  thereby  make  Provision  for  carry- 
ing on  the  Service,  by  api)ointing  some  other  Person 
in  the  room  of  such  Officer  who  may  happen  to  die, 
therefore  that  there  may  l)y  no  delay  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  Sui'veyor  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  for  the 
purposes  aforesaid,  untill  the  Surveyor  General  of  Our 


62  ADMIXISTKATIOX    OF   PKESIDENT   EEADING.  [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,  wliich 
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. 

4:9.  Whereas  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  Residence  there, 
We  have  therefore  thought  fit  to  constitute  and  ap- 
point, and  do  hereby  constitute  and  appoint  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  02ir  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  by  virtue  of  such  Seniority, 
be  ever  capable  to  take  U])on  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]        ADMINISTRATION    OF    PRESIDENT    READING.  03 

or  any  other  of  Our  said  Surveyors  General  C^ouncillors 
in  ordinary  in  any  of  Our  Governments  within  their 
Survey,  who  shall  not  in  the  Case  be  excluded  any 
Benefit  which  attends  the  Seniority  of  their  Rank  in 
the  C(^uncil. 

50.  It  is  Our  further  Will  &  Pleasure,  and  you  are 
hereby  required  by  the  first  0]>portunity  to  move  the 
Assembly  of  Our  said  Province  under  your  Goveru- 
ment,  that  they  provide  for  the  Expence  of  making- 
Copies  for  the  Surveyor  General  of  Our  Customs  in 
the  said  District  for  the  time  being",  of  all  Acts  and 
Papers  which  bear  auy  relation  to  the  Duty  of  his 
Ofiice;  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  reward  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  pai'ticular  Account  of 
all  Establishments  of  Jurisdictions,  Courts,  Offices  and 
Officers,  Powers,  Authorities,  Fees  and  Privileges, 
granted  or  settled  or  which  si i all  be  granted  or  settled 
within  Our  said  Province,  together  with  an  Account 
of  all  the  Expences  attending  the  Establishments  of 
the  said  C'Oui'ts,  and  of  such  Funds  as  are  settled  and 
appropriated  for  discharging  such  Expences. 

5i>.  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 


04  ADMINISTEATION    OF   PEESIDENT   EEADING.         [1758 

such  Act  or  Acts  whereby  the  Right  or  Property  of 
the  said  General  Proprietors  to  the  Soil  of  our  said 
Province  may  be  confirmed  to  them  according  to  their 
respective  Rights  and  Titles  together  with  all  such 
Quit  Rents,  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  Right  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  Right  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  Rents  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  surveyois  Agents  or  other  Ofticers  appointed 
by  the  said  Genei'al  Proprietors  do  not  only  take 
proj^er  Oaths  for  the  due  Execution  and  performance 


1758]         ADMIXISTRATIOX    01'    PKESIDENT    READING.  05 

of  their  resi^ective  Offices  or  Employments  And  give 
good  and  sufficient  Security  for  their  so  doing,  but 
that  they  Hkewise  take  the  oaths  mentioned  in  the 
foresaid  Act  entituled,  an  Act  for  the  further  Security 
of  His  Majestifs  Person  and  Government  ami  the  Suc- 
cession of  the  Crown  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  Grants  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  Vf  hales  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. 

5<).  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 


66  ADMINISTKATION    OF    PEESIDENT   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  Eights  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 
Deputies  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  Adaiiralty  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  Oui'  Revenue,  refuse,  neglect  or  delay  payment 
thereof,  by  himself  or  sufficient  Dej)uty  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,  Our  Judges, 
Our  Attornies  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  H(jly  day  and  the  blessed 


1758]         ADMINISTIIATION    OF    PRESIDENT   READING.  6? 

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

GO.  You  shall  be  carefuU  that  the  Churches  already 
built  there  be  well  and  orderly  Kept,  and  that  more  be 
built,  as  the  province  shall  by  Clod'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. 

01.  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  preferred  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. 

Oti.  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. 

G3.  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. 

GJ-.  And  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   PRESIDENT    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  yon  Our  Governor  and  the  Commissioner  in  Chief 
of  Our  said  i3rovince  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 
now  there  or  that  shaU  come  from  other  parts,  shall 
be  admitted  to  keep  School  in  that  Our  said  province 
of  New  Jersey,  without  your  Licence  first  obtained. 

QQ.  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  Eight  Reverend  Father  in  God  Edmund 
late  Lord  Bishop  of  London  having  presented  a  per- 
tition  to  his  late  Majesty  Our  Eoyal  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 
all  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  punishment  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]         ADMINISTRATION    OF    PRESIDENT  READING.  G9 

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  ])e 
invited  and  desire  to  embrace  the  Christian  Religion) 
you  are  not  to  admit  any  person  to  publick  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  with  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.  Yon  shall  send  unto  Oui'  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  x\rms  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. 

00.  A)Ld  We  do  further  expressly  connnand  and 
require  you  to  give  unto  Our  Commissioners  for  Trade 


70  ADMINISTKATION    OF    PUESIDENT  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  readyness  for  the 
defence  of  Our  said  province  under  your  Government. 
Tl.  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. 

Y2.  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. 

Y3.  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. 

^4.  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    PKE8IDEXT    READING.  71 

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

7fi.  And  whereas  you  will  i-eceive  from  Our  Com- 
missioners for  Executing  the  Office  of  High  Admiral 
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  Reprizal  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  w^ear  no  other  C-olours  than  such  as  are  de- 
scribed in  Our  Order  of  Council  of  the  7*.'  of  Jan?'  17;><» 
in  relation  to  Coloui's  to  be  worn  by  aU  Ships  and  Ves- 
sels except  Our  own  Ships  of  War.  A  Copy  of  which 
Order  wiU  be  herewith  be  delivered  to  you. 

78.  Whereas  we  have  been  informed  that  daring  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, which  may  be  of  dangerous  Consequence  if  not 
prevented  for  the  future.  Our  Will  and  Pleasure  is, 
that  you  signify  to  all  Mei'chants,  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  o£  Ships 


72  ADMINTSTEATION    OF    PRESIDEJSTT   REAinNG.  [1758 

or  other  parsons  to  whom  you  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  clanger  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  Orders  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. 

Tl).  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  pur- 
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  d:  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  all  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  necessar}' 
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 
Ca3sarea  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  helonging 
to  the  province  either  in  any  publick  Magazines  or  in 
the  hands  of  pi'i\'ate  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  oj'der 
to  be  laid  before  us,  as  also  a  Duplicate  thereof  to  Our 
Master  General  or  principal  Officers  of  Our  Ordnance, 
which  Accounts  are  to  exj^ress  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  hke  Accounts  half  yearly  in  the 
same  manner. 

S2.  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  tiine  of  Danger:  it 
is  Our  Express  Will  &  Pleasure,  and  you  are  hereby 
required  and  directed  to  recommend  to  the  Assembly 
of  New  Jersey  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  limited   by   the  said  Act  for  such 


74  ADMINISTRATION    OF    PRESIDENT    READING.         [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. 

S3,  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. 

84.  And  ill  Case  of  any  distress  of  any  of  Our  plant- 
ations, you  shall  upon  Application  of  the  respective 
Governors  to  you,  assist  theai  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  contribute  towards  the  Defence 
thereof,  whether  in  Men  or  Money,  is  to  be  according 
to  the  Quota  or  Eepartition  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  Description  of 
Our  whole  Territory  under  your  Government,  and  of 
the  several  plantations  that  are  upon  it. 

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


1758]         ADMINISTKATION    OF    PRESIDENT    READING.  75 

Neighbours  have,  be  the  Indians  or  others,  by  Sea  & 
Land  &  of  the  Condition  of  their  plantations,  &  what 
Correspondence  you  do  keej)  witli  them. 

87.  You  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  Ratifica- 
tion, if  We  shall  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,  excej^t 
it  be  against  Indians  upon  Emergencies,  wherein  the 
Consent  of  Our  C^^uncil  shall  be  had  and  speedy  Notice 
given  thereof  unto  Our  Commissioners  for  Trade  and 
plantations  in  Order  to  be  laid  before  Us. 

8!>.  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  Deatii  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  Cliief,  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  Wellfare  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  wiUiiii  the  same ;  Our  Will 
&  Pleasure  therefore  is,  that  when  it  shall  happen 
tha;t  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 
Emoluments  whatsoever  which  would  otherwise  be- 
come due,  unto  you,  shall  during  the  time  of  your 
Absence,  from  the  said  Territory  be  paid  and  satisfyed 


1758]         ADMINISTRATION    OF    PRESIDENT   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  suj)port  of  the 
Dignity  of  that  Our  Government. 

9-?.  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 
re(iuire  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. 


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

1^'  You  shall  infoim  yourself  of  the  piincipal  Laws 
relating  to  the  Plantation  Trade.  [Then  follows  in  the 
original  document  the  titles  of  numerous  navigation 


78  ADMINISTRATION    OF    PRESIDENT    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  Eeign  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  Eeign,  An  Act  for 
the  Encouragement  of  Trade  made  in  the  15"'  Year  of 
the  said  King's  Eeign;  An  Act  to  prevent  planting  of 
Tobacco  in  England;  and  for  regulating  the  Plantation 
Trade,  made  in  the  22  &  23''  Years  of  the  said  King's 
Eeign;  an  Act  for  the  Encouragement  of  the  Green- 
land and  Eastland  Trades,  and  better  securing  the 
plantation  Trade;  made  in  the  25"'  Year  of  tlie  said 
King's  Eeign;  An  Act  for  preventing  Frauds  and  regu- 
lating Abuses  in  the  plantation  Trade;  made  in  the  7"' 
&  s"'  Years  of  the  Eeign  of  King  William  the  3'';  An 
Act  for  the  encrease  and  encouragement  of  Seamen; 
made  in  the  same  Years  of  the  said  King's  Eeign;  An 
Act  to  enforce  the  Act  for  the  inci-ease  and  Encourage- 
ment of  Seamen;  made  in  the  eighth  year  of  the  said 
King's  Eeign;  an  Act  for  raising  a  Sum  not  exceeding- 
two  Millions  &c.  and  for  settling  the  Trade  to  the  East 
Indies;  made  in  the  9"'  &  lo"'  Years  of  the  said  King's 
Eeign;  an  Act  to  prevent  the  Exportation  of  Wool!  out 
of  Ireland  and  England  into  Foreign  ])arts  and  for  the 
Encouragement  of  the  Woolen  Manufacture  in  the 
Kingdom  of  England;  made  in  the  lo"'  &  1 L"'  Years 
of  the  said  King's  Eeign;  An  Act  to  encourage  the 
Trade  to  Newfoundland;  made  in  the  same  Years  of 
the  said  King's  Eeign;  An  Act  for  the  more  effectual 
Suppression  of  piracy;  made  in  the  11"'  &  12"'  Years 
of  the  said  King's  Eeign ;  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  Eeign;  An  Act  for  granting  a  fur- 
tiier   subsidy  on   Wines  and  Merchandizes  imported; 


1758]         ADMINISTRATION    OF    PRESIDENT    READING.  70 

made  in  the  2''  &  4"'  Years  of  the  Reign  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  Eeign;  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  i\ct  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  Arc,  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  iVmerica; 
made  in  the  0*''  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 
Robhery,  Burglary,  and  other  Felonies  &c.  and  for  de- 
claring the  Law  upon  souie  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  i)re- 
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  Majesty'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  undei- Foreign 
Commissions  and  for  encouraging  and  further  securing 


80  ADMINISTRATION    OF    PRESIDENT    READING.         [1758 

the  lawful  Trade  thereto;  made  m  the  seveDth  Year 
of  His  said  late  Majesty's  Eeign,  An  Act  for  giving 
further  Encouragement  for  the  Importation  of  Naval 
Stores;  and  for  other  purposes  therein  mentioned; 
made  in  the  eighth  year  of  His  said  late  Majesty's 
Keign;  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  Eegulations  as  other  enumerated  Com- 
modities of  the  like  production  are  subject  to,  made  in 
the  same  Year  of  His  said  late  Majesty's  Eeign;  an 
Act  for  the  more  effectual  Suppression  of  piracy, 
made  in  the  same  Year  of  His  said  late  Majesty's 
Eeign;  an  Act  for  encouraging  the  Greenland  fishery, 
made  in  the  tenth  year  of  His  said. late  Majesty's  Eeign; 
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  Eeign;  An  Act  to  revive  the  Laws  therein 
mentioned  &c.  for  making  Copper  Ore  of  the  British 
Plantations  an  enumerated  Commodity,  for  making 
pei'petual  an  A.ct  therein  mentioned  for  Suppression  of 
Piracy  &c.  made  in  the  second  year  of  Our  Eeign ;  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  Eeign; 
An  Act  for  reducing  the  Annuity  or  Fund  of  the 
united  East  India  Company  and  for  ascertaining  their 
Eight  of  Trade  to  the  East  Indies;  made  in  the  same 
year  of  Our  Eeign;  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  Eeign;  An  Act  for  granting 


1758]         ADMIiq^ISTRATIOX    OF   PRESIJ)EXT   READING.  8i 

an  Allowance  upon  the  Exportation  of  British  made 
Gunpowder;  made  in  the  same  year  of  Our  Eeign;  an 
Act  for  fuither  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  Eeign;  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  IJat  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  4"'  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  10"'  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  America,  and  the  other  for  the  better 
seeming  and  encouragmg  the  Trade  of  His  Majesty's 
G 


82  ADMINISTEATIOISr    OF    PRESIDENT   READING.         [1%8 

Colonies  in  America;  made  in  the  11  year  of  Our 
Eeign:  An  Act  for  taking  off  the  duties  upon  woolen 
and  Bay  Yarn  imported  from  Ireland  to  England  and 
for  the  more  effectual  preventing  the  Exportation  of 
AVool  from  Great  Britain  and  of  Wool  manufactured 
from  L'eland  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 
Scc^  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  J^riva- 
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  relating  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  Whaler  Fishery  and  for  granting  a  further 


1758]  ADMINISTRATION    OF    PKESIDENT    KEADIxXG.  H:\ 

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.  tScc. 
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  x\ct  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  Liberty  to  carry 
Sugars  of  the  Growth,  Produce  or  Manufactui'e  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  Reward  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  imported  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  2o"'  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  Laws  for  prohibit- 
ing the  Importation  of  Books  reprinted  abroad  &c?  and 
for  better  securing  the  lawfuU  Trade  of  His  Majesty's 
Subjects  to  and  from  the  East  Indies  &c.  made  in  the 


1758]         ADMINISTRATION    OF    PRESIDENT  READING.  85 

same  Year  of  Our  Reign  ;  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 
&c*  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  Discipline 
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  'J.  1'^ 
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  IS"'  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  tlie  relief  of  Debtors  &c^  and 
to  rectify  a  Mistake  in  an  Act  passed  in  the  last  Session 
of  Parliament  for  continuing  several  Laws  therein 
mentioned  dcc^  made  in  the  same  Year  of  Our  Reign  ; 
an  Act  for  encouraging  the  people  known  by  the  name 
of  Uuitas  fratrum  or  united  Brethren,  to  settle  in  His 
Majesty's  Colonies  in  America,  made  in  tlie  S:^'"  Year 
of  Oui"  Reign  ;  an  Act  for  amending,  explaining  &  re- 
ducing into  one  Act  of  parliament  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 


SG  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  Reign  ;  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  Reign  ;  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  plateing  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  Our  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,  Tar,  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  ParHiment  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 
Reign  ;  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 Regulations  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  Reign  ;  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,  vfec.  &c.  and  for  encouraging  the  Trade  of 
the  Sugar  Colonies  in  America,  &c.  &c.  made  in  the 
26"^  Year  of  Our  Reign  ;  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  liereafter  shall 
be  made  relating  to  Our  Colonies  or  plantations  be 
punctually  and  l)ona  fide  observed  according  to  the 
true  Intent  and  meaning  tliereof . 

2''  And  as  by  the  aforesaid  Act  made  made  in  tlie 
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  liy  the  Name  of 
the  Naval  Officers,  are  to  give  Security  to  the  Com- 
missioners 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  ])e]'formance  of  their 
duty,  you  shall  take  Care  that  the  said  Naval  Officers 
give  such  Security  to  the  said  Commissioners  of  Our 


88  ADMTNISTKATION"    OF    PRESIDENT  READING.         [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  i^roduce  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  w^ho  does  not  w^ithin  two  Months 
or  as  soon  as  conveniently  may  he,  after  he  has  entred 
upon  the  Execution  of  his  Office,  produce  a  certificate 
of  his  having  given  such  Security  as  aforesaid. 

?>'^  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  General  of  Our  Customs  in 
what  j)lace  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  Whereas  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  im- 
ported into  or  exported  out  of  any  of  the  said  places  in 
any  other  Ship  or  Vessel,  as  also  of  the  Ship  oi'  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    PRESIDENT    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  Reprizal,  and  Condemnation  thereof  made  in  Our 
Court  of  Admiralty  as  lawful  prize,)  but  all  such  Ships 
shall  be  deemed  as  aliens  Ships,  and  be  liable  to  all 
Duties  that  Aliens  Shi]>s  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  im})orted 
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  ]3lantations,  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 


90  ADMINISTRATION    OF    PRESIDENT    READING.         [1758 

to,  from  or  in  any  of  the  said  plantations,  iintill  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  jiroved  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  Whereas  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  Ship  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  hundred  Tons,  and  of  the  Sum  of 
£2,000,  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  unloaden  and  put  on 
Shore,  the  Danger  of  the  Seas  only  excepted,  and  for 


1758]         ADMINISTRATION    OF    IMIESIDENT    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  Ship  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  wliereas  by  the  two  aforementioned  Acts  passed 
in  the  3''  &  J:"'  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  Reign,  the  one, 
entituled,  an  Act  for  Encouragement  of  the  Silk 
Manufactures  of  this  Kingdom,  and  for  taking  off 
several  Duties  on  Merchandiz(^s  exported,  and  for 
reducing  the  Duties  upon  Beaver  Skins,  pepper.  Mace, 
Cloves  and  Nutmegs  imported,  and  for  Importation  of 
all  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  ADMIKISTRATIOISr    OF    PRESIDENT   READING.         [1758 

and  is  still  in  force,  all  Eice  (except  under  the  Kegula- 
tions  prescribed  in  the  before  mentioned  acts  of  the  3'' 
&  8"'   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  complied  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  Our  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  ^t  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  given  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]  AUMINISTRATIONT    OF    PRESIDENT  READING.  tJ3 

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  b3  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  Idonths 
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 
cfc-  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. 

7  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  ])lantation  Bond, 
untill  approved  by  the  said  Collector.  And  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  Sui'veyors  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  well  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. 

S  You  are  understand  that  the  payment  of  the  Eates 
&  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  plantation  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  hereunto  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  Eeign, 
entituled  an  Act  to  prevent  planting  Tobacco  in  Eng- 
land and  for  regulating  the  2)hintation  Trade.  And 
you  shall  cause  demand  to  be  made  of  every  Master 


1758]         ADMINISTllATIOX    OF    PRESIDENT    READJN(J.  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,  undei'  Cover  sealed  and  directed  to  the 
Commissioners  of  Our  Treasury  or  Our  High  Treasurer 
for  the  time  being,  to  Our  Commissioners  for  ti'ade 
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  oi- 
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  Eeign,  shall  be 
imported  into  any  of  Our  Colonies  or  plantations  but 
what  shall  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  C^om  modifies  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  shall  be  forfeited,  and  you 


96  ADMINISTRATIOK    OF    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  i^rrival  of  such  Ship  or  Vessel,  with  her 
Name  and  the  Name  and  Sirname  of  the  Master,  and 
hath  Shewn  that  she  is  a  Ship  navigated  and  otherwise 
qualifyVl  according  to  Law,  and  hath  delivej^-ed  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  Forfeitm^e  of  such 
Ship  and  Goods. 

12.  Von  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]         ADMIiNTISTIlATIOX    OF    PRESIDENT    READING.  97 

ince  under  your  Government,  wliich  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  aiding  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  Conmiissioners  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  all  such  Acts  and  papers  without 
paying  any  for  or  Reward  for  the  same. 

1-1.  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- 


98  ADMINISTRATION    OF    PEESIDENT   READING,         [1758 

structions  to  their  Receivers  in  foreign  parts  for  their 
Government  therein,  It  is  therefore  Our  Will  & 
Pleasure,  that  yon  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  Reign,  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  Fancies  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 which  we  are  informed  that  great  Quan- 
tities of  foreign  Rum,  Melasses,  Syrups  Sugars  and 
Fancies  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  Fancies  as  shall  be  seized  for  Non 
payment  of  the  Duty,  as  well  as  the  persons  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 
Government  upon  any  Law  or  Statute  concerning  Our 
Duties,  or  Ships,  or  Goods  to  be  forfeited  by  reason  of 
any  unlawful  Importations  or  Exportations,  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]         ADMINISTRATION    OV    PEESIDENT    READING.  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  Govei'ument  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  employed  therein,  imtill  We  can 
be  advised  thereof,  and  appoint  others  to  succeed  in 
their  places,  you  shall  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  Misdemeanouis  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  all  Occurrences  necessary  for  their  Informa- 
tion, relating  either  to  the  aforesaid  Laws  of  Trade 
and  Navigation  to  Our  Ee venue  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  C^ommissioners  of  Our  Treas- 


iOO  ADMINISTRATION   OF    PKESIDENT    READING.         [1758 

uiy  or  Our  High  Treasurer  of  Great  Britain  for  the 
time  being, 

21.  Whereas  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  Manner  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  adininstring  the  same,  and  registred  in 
due  form  according  to  the  Specimen  hereunto  annexed, 
you  shaU  not  fail  immediately  to  transmit  a  DupHcate 
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  property  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  Ou]-  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  s]3ecially  registred,  mentioning  the 
Capture  &  Condemnation  instead  of  tlie  Time  and 
place  of  building,  with  Proof  also  upon  Oath  the  entire 
property  is  British  before  any  such  prize  be  allowed  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  Cei-tificate  of  Register 
before  two  Witnesses  in  order  to  prove  that  the  entire 
Property  in  such  Ship  remains  to  some  of  Our  Sub- 
jects of  Grreat  Britain,  if  any  dispute  shall  arise  con- 
cerning the  same. 

22  Whereas  by  the  Act  passed  in  the  21"^  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  contained  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  jiremium.  It  is  therefore  Our  Will 
and  Pleasure  that  if  there  now  are  or  hereafter  shall 
be  any  plantations  of  Indigo  within  Our  said  province 


103  ADMINISTRATION    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  which  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  V/hereas  by  an  Act  pass'd  in  the  tenth  Year  of  the 
Reign  of  King  WiUiam  the  third,  to  pi-event  the  Ex- 
portation of  Wool  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  Drapery  Stuffs  or  Woolen 
Manufactures  whatsoever  made  or  mixed  with  Wool 
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]         ADMINISTRATIOlSr    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  Foi'feitures  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  21"'  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  shaU  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  lieen  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  Deti'iment  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  ADMINISTRATION    OF    PKESIDENT   RP^ADING.  [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  above  mentioned,  upon  the  first  Notice  of  the 
AiTival  of  any  Ship  or  Ships  witliin  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,  Madagascar  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  William,  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 
Comjiany,  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  Negroes  from 
on  board  such  Ship  or  Ships  to  be  landed  or  brought 


1758]         ADMINISTRATION    OF    PRESIDENT    READING.  105 

on  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  Mastei*  or  other  Person  having  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,  selling  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,  oi'  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  appli- 
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  Prince  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  with  what  is  absolutely  necessary  for 
Her  Relief,  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; 


100  ADMINISTRATION    OF    PRE.SIDENT    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  or  remiss  in  the  discharge  of  his  Duty  there- 
in. We  do  hereby  require  you  to  suspend  him  from 
the  Execution  of  his  said  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  here;  that  if  We  shall  hereafter 


1758]         ADMINISTKAXrON    OF    PRESIDENT    HEADING.  107 

be  informed,  tliat  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. — 8ee 
Analytical  Index  to  New  Jersey  Documents,  p.  34:5 — 
W.  N.] 


Memorial  of  Richard  Partridge,  Agent  for  New  Jer- 
sey, respecting  a  Bill  passed  in  tliat  Colony  for 
emitting  £89,000  in  Bills  of  Credit. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  8,  I   62.] 

To  THE  Lords  Commiss''.^  for  Trade  and  Plan- 
tations 

The  Memorial  of  Rich'^  Partridge  Agent  for  the 
Province  of  New  Jersey  in  America. 

Humbly  shewefh 

That  the  Draft  of  the  present  Bill  sent  over  hither 
by  that  Province  &  now  before  yo' Lordships  "  For 
"  making  current  £()<»,  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 
"  Rehef  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  already 
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 
Mode  of  laising  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  liis  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]         ADMINISTUATION    OF    PRESIDENT  KEADnSTG.  109 

(if  this  may  be  called  one)  tlie  more  it  ought  to  be 
favoui'^d.  The  Money  to  be  emitted  by  this  Act  is  to 
be  lent  out  on  Land  Security  of  double  the  Value  'Sz  to 
be  repaid  by  Installments  in  10  Years,  the  Interest 
whereof  is  to  sink  the  i'^i), <»()().  &  thereby  a  Tax  is 
avoided,  &  by  the  length  of  Time  allowed  for  paying 
in  the  £(;o,()()(i  to  be  emitted  on  Land  Security  as  afore- 
said, it  will  hardly  be  felt  l)y  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  rendered  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  £»)0,oOO;  and  the  £20,000.  to  be  sunk 
out  of  the  low  Interest  of  the  s"  £00,OoO,  and  the  Defi- 
ciency finally  (if  any)  is  to  be  made  good  by  a  Tax, 

In  shoit  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  wdien  there  is  such  a  great  call  &  Demand 
for  a  publick  Supply  in  this  Time  of  the  Calamity  of 
War. 

That  your  Memorialist  humbly  aj)prehends  not  any 


110  ADMIXISTKATION    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.  1758. 


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

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

Burlington  March  v®  loV'  1758 

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 


■Deputy-Governor  of  Pennsylvania,  August,  175G,  to  November,  ITrjO.— [VV.  N.] 
^"Circular  from  Secretary  William  Pitt  to  the  Governors  of  Massachusett's  Bay, 
New  Hampshire,  Connecticut.  Rhode  Island,  New  York,  New  Jersey.     Whitehall. 
Dec.  30'i>  1757."    Published  in  N.  Y.  Colonial  Docs.,  VII.,  339.— [W.  N.] 

^Philip  Durell,  commissioned  Captain  in  the  Royal  Navy,  February  C,  1742;  sub- 
sequently became  Commodore,  and  in  1758  was  dispatched  to  Hahfax,  to  expedite 
the  embarkation  of  the  army  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  17C2  became  Vice-Admiral  of  the 
Blue.    Ho  died  about  l^UC— [W.  N.] 


1758]        ADMINISTRATION    OF    PRESIDENT    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!  8erv* 


The  Honourable  Wilham  Denny  Esq' 


Letter  from  Governor  Potrr/dll,  of  Massachusetts,  to 
President  Reading. 

[From  the  original  amoiiK  the  MSS.  of  G.  D.  W.  Vroom.] 

Boston  March  11.  175S. 
Sir: 

Yesterday  I  received  his  Majesty's  Orders  to  co- 
operate with  the  Forces  of  his  Province  of  Massachu- 
setts Bay,  v^ith  his  Majesty's  Regular  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  this  Province  shonld  set 
the  Example;  We  have  set  the  Example;  and  I  hope 
it  will  be  chearfully  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  E?  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  Tixide  and 
Plantations  to  the  Attorney  ayid  Solicitor  General, 
inclosing  Questioyis  they  tvish  answered. 

IFrom  P.  R.  O.  B.  T.  Plantations  General,  No.  4,  Ent:  Book  L.,  p.  1.38.| 

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  22J'  175S.  ) 

f  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  cleem'cl 
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 
suppoi'ting  the  Rights  of  the  Crown  in  such  case,  & 
proceeding  against  such  illegal  possession  ? 


Report  of  flie  Lords  of  Trade  to  the  Privy  Council, 
upon  the  seco7id  Remonstrance  of  the  Agent  for 
New  Jersey,  resp)ectin(j  a  Bill  passed  by  the  Assem- 
bly aidhorizing  the  issue  of  ,£si),0O()  in  Bills  of 
Credit. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol  16,  p.  350.] 

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  Consideration  the  further 
humble  petition  and  Remonstrance  of  Richard  Pai-- 
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 
8 


114  ADMINISTKATTON    OF    PIUiSIDKNT    KKADING.         [1758 

to  the  Objections  contain'd  in  Our  Report  to  your 
Lordships  of  the  21'.'  of  Feb'-^  last,  upon  a  former  Peti- 
tion of  the  said  A.c;ent,  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  1Y5T,  entituled  an  Act  for 
inakiug  current  £(}0,()00  in  bills  of  Credit  to  be  emitted 
on  Loan  ivithin  the  Colony  of  Netv  Jersey,  the  Interest 
whereof  to  sink  the  further  Sum  o/. £29, 000  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.  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  Loi'd- 
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  sliould  tliink  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  £(!0,on(i  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. 

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


1758]         ADMIIsriSTRATIONr    OF    PRKSIDENT    READING.  115 

!2''?^  On  Account  of  the  Convenience  and  Advan- 
tages wliich  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  tlie  first  of  these  Reasons,  We  beg 
leave  to  observe  to  your  Lordsln"ps,  that  tlio  Quota  of 
Forces,  which  this  Colony  furnislies  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  Reason,  We  have  in  for- 
mer Reports  on  Bills  for  emitting  paper  Currency  on 
Loan  in  this  Province,  and  particularly  in  Our  Report 
of  the  IS"'  of  March,  1Y54,  humbly  offered  it  as  Our 
Opinion,  that  a  moderate  Quantity,  issued  on  proper 
Security  and  having  a  pio]»er  fund  for  its  Redemption 
within  0,  limited  time,  may  ojierate  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  Jjoan 
Bill  in  New  Jersey,  the  Assembly,  his  Constituets, 
will  not  accept  the  Indulgence,  unless  the  Bdls  of 
Credit  theieby  to  be  emitted  may  be  declared  legal 
Tenders  in  all  payments,  it  seemed  needless  to  enter 
ujjon  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  Parliament  so  fully  expressed 
in  their  Resolutions  in  April  lT4o,  and  by  the  Act 
pass'd  in  1750  for  resti-aining  })aper  Cuirency  in  the 
four  Colonies  of  New  England. 


116  ADMI]SriSTRATI(3]Sr    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  offer  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  1).  1758  James  Oswald. 

SoAME  Jenyns. 

W.  G.  Hamilton. 


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

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

Perth  Amboy  June  20.  1758 

To  the  Right  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  14"'  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]         ADMINISTRATION   OF   GOVERNOR    BERNARD.  117 

tlemen  of  the  Council  there  being  but  10  now  witliin 
the  Province.  I  first  took  and  administred  tlie  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 
separated  from  the  rest  &  fell  into  an  ambuscade  of  lY 
Indians:  &  both  parties  firing  at  once  two  of  our  party 
were  Ivilled  &  another  wounded.  But  tlie  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  2(>  Indians  attacked  the  house  of  Abraham  Cont- 
track  &  killed  two  persons.  On  the  13"'  about  3(»  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  ADMINISTRATION    OF    GOVERNOR  BERNARD.         [1758 

I  fear  this  Calamity  has  been  occasioned  by  an  un- 
timely piece  of  frugality:  The  frontier  guard  consist- 
ing of  250  Men;  upon  making  the  levies  to  form  the 
Eegiment  that  now  serves  under  General  Abercrombie 
200  of  these  were  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  measui'es  I  hope  I  shall 
soon  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  4  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]         ADMINISTRATIOK    OF   GOVERNOR    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  hoj^e  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  £50,00(>;  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  Regiment  into  the  field  without  this  aid.  I  ob- 
served that  I  w^as  sorry  to  find  that  the  Number  of  them 
sent  from  this  province  was  thought  by  the  General 
not  to  be  equal  to  the  ability  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 
&  w^eakened  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 
l<tO()  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,  w^ere  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 
Augmentation. 

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  Lordships  before 
or  soon  after  the  meeting  of  the  Assembly. 

To  morrow  I  sett  out  for  Burlington  to  publish  my 


120  ADMINISTRATION    OF   GOVERNOR  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  w^ith  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  witJi  Governor  Denny  and  General  Forbes 
at  Philadelphia  about  Indiayi  invasion. 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  8, 1.  68.] 

To  the  R*  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  21'*  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  supposed  to  be  of  some  of  the  tribes 
that  professed  Peace  with  his  Province  &  that  I  there- 
fore had  a  particular  occasion  for  his  advise  &  assist- 
ance in  providing  for  the  Security  of  the  Province.    In 


1758]         ADMINISTRATION    OF    GOVERNOR   BERNARD.  liil 

the  Evning  I  went  to  Burlington  &  the  next  day  puh- 
lished  my  Commission  &  received  the  usual  compH- 
ments  &c.  The  next  day  being  the  2-1"'  as  I  was  pre- 
paring to  return  to  Amboy  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  all  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 beheved  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  v/ere  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  Military  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  soUicitoas  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  Wiomiug 
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'  Philadel[)hia 
&  there  to  take  with  them  a  passport  from  the  Gov'  & 


122  ADMINISTRATION    OF    GOVERNOR    BERNARD.         [1758 

an  English  Flag:  and  I  signified  both  in  the  Messages 
&  verbally  to  the  Messengers,  that  those  Indians  who 
proposed  to  visit  us  as  friends  must  enter  the  Province 
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  l)een  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"  Grardner  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  200  Men,  who  may  be  reinforced  by  200 
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]         ADMINISTKATIONT    OF   GOVERNOR    BERNARD.  I'iS 

which  I  had  advice  of  the  firing  being  heard  in  my 
former  Letters  It  was  thus:  A  Serjeant  &  !>  men 
were  out  on  the  Scout  &  perceiving  an  Indian  rowing 
along  the  river  who  esca])ed  from  them,  tliey  went 
along  the  i-iver  according  to  his  Course.  Tliey  soon 
after  discovered  10  Indians  in  an  Island  making  a  raft; 
&  lay  by  all  night  &  in  the  Morning  savv^  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  who  immediately 
ran  to  their  Arms  &;  the  Serjeant  gave  'em  his  fire: 
they  returned  theirs  &  the  1<»  Indians  in  the  river  also 
fired  But  tlie  Serjeants  party  advancing  regularly  & 
firing  six  rounds,  the  Indians  made  off  with  them  4  of 
their  party  wounded  &  leaving  behind  them  the  guns 
&  Tomahawks  of  the  4  wounded  with  ?>  pikes  in  pair 
of  Mowsons  &  15  pair  of  Stockings  &  many  other 
things,  Among  which  was  j)art  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  8()()  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  wliich  We  shall 
allways  have  timely  advice.  For  I  am  assured  that 
with  a  proper  encouragement  I  shall  have  enough  of 


124  ADMINISTKATION"    OF   GOVERKOR   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.  Bernaed. 


Letter  from,  Governor  Bernard,  giving  an  account  of 
tJie  Death  of  Mr.  Aifistey,  Chief  Justice  of  Neiv 
Jerseij. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  VIU,  I.  70.] 

Perth  Amboy,  July  7,  1758. 

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

My  Lords 

I  have  just  received  advise  of  the  death  of  M*" 
Ainsley  Chief  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. 


1758]         ADMINISTKATION    OF   GOVERNOR  BERNARD.  125 


Message  from,  Governor  Bernard  to  the  Mhiisiuk  In- 
dians, accompanied  by  a  Message  to  Teedyescung, 
King  of  the  Delaware  Indians,  and  resulting  in  a 
Conference  held  at  Burlington,  August  Y  and  8, 

1Y5S. 

[From  S.  P.   O.  B.  T.  New  Jersey,  Vol.  8,  I.  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  weeks,  at  which  time  our  great  Council  will  be 
together;  there  to  unburtlien  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  our  ground, 
deep  in  the  Earth,  and  make  a  new  chain  of  peace, 


l^G  ADMINISTRATION    OF    GOVERNOR   BERNARD.         [1758 

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  v^^ords  Should  please  you,  and  you  Should 
choose  that  we  Should  be  your  friends  rather  tlian 
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  fro  hi  Governor  Bernard  to  the  Lords  of  lYade 
— had  prorogued  the  Assembly — vacancies  in  the 
Council,  Indian  Affairs,  etc. 

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

Perth  Amboy  Aug  21.  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  I  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 


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


1758]         ADMINISTKATIOM    OF    GOVEKNOR    BERNARD.  127 

not  have  occasion  to  call  them  together  again  before 
the  next  Spring.  I  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  Asseml:)ly,  M'  Reading  the 
President  came  into  C*ouncil  &  beg'd  leave  to  resign 
his  place  in  the  Council  on  account  of  his  age  &  in- 
firmities he  being  73,  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  list  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  Read  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  C  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  refilled  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  will  give  your  Lordships  the  fullest  informa- 
tion of  this  businesss  that  I  can. 


1758]         ADMINISTRATION    OF   GOVERNOR    BERNARD.  13*.) 

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  Goveruor  Bernard  inclosing  Copu  of  a 
Message  f  10 iu  the  Assembly. 

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

Perth  Amboy  Aug  31.  1758 

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

Mij  Lords 

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  W  Read  Mr  Spicer  Mr  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 


130  ADMINISTUA^TION    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  jDerson 
whatever  as  the  Bills  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 
l)rolong  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  theij'  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  method  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  from  the 
Calamity  of  the  time  and  the  Conduct  of  other  his 


1758]         ADMINISTRATION    OF    C40VERN0R    BERXARD,  Lol 

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  with. 
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  Tliis  Colony  will  not  be  Able  to  give 
his  jMajesty  that  aid  which  would  V)e  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  will  be  pleased  to  make  the  Application 
so  that  we  may  hope  for  his  Majestys  Licence  on  this 
head,  Before  any  future  Necessity  sliall  Embarrass  the 
Branches  of  the  Legislature. 

By  Order  of  the  House 

Ths  Hartshorne 
Burlington  Aug'  S'!'  175.S 


Letter  from  Governor  Bernard  to  the  Lords  of  Trade, 
res2Jecting  the  manner  of  the  AssenMij's  passing 
Bills  of  Credit,  during  the  time  of  War,  ivith  his 
Observations  upon  the  necessity  of  a  Special  In- 
striiction  to  empotver  hiyn  to  pass  such  Bills. 

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

Perth  Amboy  Aug^  31  1758 

To  the  Eight  Hon'ble  the  Lords  Commissioners 

for  Trade  &  Plantations 

My  Lords 

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


132  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  v^as  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  tw^o  purposes,  one 
to  provide  for  the  present  Exigency;  the  other  to  gain 
a  power  to  provide  for  future  necessity. 

As  to  the  first  I  learnt  that  the  Year  1760  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  1760,  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  Lordshijos  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  being  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  j^ower  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   1760,  1762  &  1763  which  amounts  to 


1758]         ADMINISTRATION    OF   GOVERNOR   BERNARD.  133 

£ir)530  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  8um  of  £500o  and  to  that  of  1701 
the  furtlier  Sum  of  £t^5oO:  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 
wliole  to  raise  <£240oo  for  extraordinary  sei'vice  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  empower 
me  by  a  sj^ecial  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  war.  And  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 
1000  men  to  be  under  the  command  of  the  Commander 
in  chief  &  20()  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  c'nief  shall  direct. 

And  it  will  be  absolutely  necessary  that  this  power 
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  ADMINISTRATION    OF   GOVERNOR   BERNARD.         [1758 

Belcher  having  procured  a  special  instruction  for  a 
Loan  Bill  for  striking  £60000  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  practicable,  than  it  would 
be  in  another  bill,  they  certainly  will  not  pass  a  bill 
for  striking  money  without  a  Loan  unless  the  bills  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  bill's  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  like  manner  the  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  &  then  would  easily  be  followed  in  New  Jersey. 
But  say  they  it  is  dangerous  to  try  experiments  with 


1758]         ADMINISTRATION'    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  Proviuce  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  Proviuces  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  pi'acticable  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  couimodity  than  mone}^.  The  latter  are 
mentioned  in  the  G*''  of  Ann  ca.  HO.  which  enacts  that 
they  shall  not  be  received  at  more  than  (Js  (whereas 
now  they  must  cost  7-<)  prod)  and  nobody  shall  be 
compelled  to  receive  them  at  all,  so  these  cant  be  a 
legal  tendei-. 

Fi'om  all  which  I  must  humbly  sul)mit  to  your  Loixl- 
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- 


13G  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 
vv^ill  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  juust  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 


1?58J         ADMINISTRATION    01'    CiOVEItNOR    iiEKNARD.  137 


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

[From  P.  K.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  77.] 

Perth  Amboy  Sep.  15.  175S 

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

My  Lords 

As  I  could,  not  get  this  Letter  on  board  the  Packet 
Boat  before  it  sailed,  I  hav^e  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  doubtful!  whether 
£240o()  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  Sinn  charged. 

And  your  Lordships  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  IT)"'  of  November 
next  for  which  time  only  it  has  been  raised.  But  if  the 
Assembly  would  consent  to  I'einlist  them  (for  that  is 
necessary)  &  continue  them  for  a  whole  year  (unless 
I  shaU  see  occasion  to  disband  them  sooner)  it  would 
save  according  to  my  calculation,  near  <£i50<).  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  lYG-t 
&  1T()5  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  Servant 

Fra.  Bernard 


1758]         ADMINISTRATION    OF    GOVEIiNOK    BEIiNAlM).  139 


Li'Her  from  (rouenior  Bcnianl  to  llw  Lords  of  Tnide, 
(jivivg  an  account  of  tlie  Coitfcrciices  lietd  at  Eas- 
ton  with  tlie  Chief  SacJiems  and  Warriors  of  sev- 
eral nations  of  Indians. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  70.J 

Peeth  Amboy  Oct  ol.  1758 

To  the  Right  Hon'ble  the  Lords  Coniniissioners 
for  Trade  &  Plantations. 

Ml/  Lords 

Before  I  set  out  for  tlie  Indian  treaty  at  Easton  I 
wrote  to  your  Lordships  a  Letter  concerning  tlie 
means  of  raising  more  Money  for  the  further  Sei'vice 
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  Conim'',  I  having  been 
disappointed  in  sending  these  things  by  the  packet,  by 
the  sudden  Manner  in  which  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  pro}!Ose  to  send  duplicates  by 
the  next  packet  boat. 

Being  now  returned  from  Easton  &  having  brought 
all  the  Lidiau  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    GOVERNOK   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 
Delawares  &  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  £1000 
for  the  satisfying  the  Indian  claims  &  <>  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  Earitan.  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  for  them,  there  being  a  Saw 
Mill  allready  thei'e  &  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. 

^s  to  the  Minissink  claims  I  have  before  informed 
your  Lordships  that  at  Burlington  I  received  Messen- 
gei's  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  1  must  refer  your  Lordships 
to  the  Minutes  of  the  proceedings  there,  which  I  hope 
I  shall  get  to  accompany  tliis  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  10(»0  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  believe  they  are),  yet,  if  there  is 
not  a  proper  intercourse  carried  on  between  them  & 


142  ADMINISTRATION    OF   GOVEENOR    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) 
approve  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  shall  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]         ADMINISTRATION    OF    GOVERNOR   BERNARD.  143 


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

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  73.1 

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  07<>  men  at 

£12  ....  IKUo 
Cloathing  &c    .         .         .  s;u<) 

Officers   &    mens    pay  for  s 

months     ....    14305 


Total  of  the  Regiment  34305  10  - 

An  Estimate  for  paying  &  Sul)sist- 

ing  2(»0  men  for  the  defence  of  the 

Frontiers  for  one  year  &c 

For  the  pay  of  a  Major  a  Cap- 
tain 6  Lieutenants  s  Ser- 
jants  and  8  Corporals      .      1149  15  - 

For  176  private  men        .  51(;() 

Subsisting  2()0  men       .         .        11  si     5  - 

Subsisting  50  dogs  necessary 

for  that  particular  service       114     1  3 


Total  of  the  Frontier  Guard  7(i05     1  3 


Total  of  the  Charge  of  these  two  Services 

(Contingences  &  Omissions  accepted)     4irMo  17 


144  ADMINISTRATION    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  1753  there  w^as  outstanding 
in  Bills  of  Credit  issued  in  the  Late 
War  the  Sum  of  £15302  0  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   remaius  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  £5o00  the  first  to 
be  made  Nov  21**  1757  of  this  re- 
mains  the  Sum  of      .         .         .         .       5000 

In  August  1755  was  emitted  the  Sum  of 
£150<»()  for  the  further  supply  of  the 
Forces  to  be  sunk  by  yearly  pay- 
ments of  £5000  the  first  to  be  made  ' 
Novemb  21  1758.  Of  this  Remains 
the  Sum  of lOOoO  —    - 

In  Decemb'  1755  Was  emitted  for  the 
Forces  for  the  Defence  of  the  fron- 
tiers &  building  forts  to  be  sunk  Nov' 
21,1701.     The  Sum  of      .         .         .     lOOOO     0    0 

In  June  1750  Was  emitted  for  the  further 
Supply  of  Forces  &c  £2500  to  be 
sunk  Novr  21**  1701.  &  £15000  Nov!" 
21^*  1702.     The  Sum  of     .         .         .     17500 


50151  —  H 


In  April  1757,  was  emitted  for  his  Maj- 
estys Sei'vice  to  be  sunk  Nov'  21** 
1703  the  sum  of         .         .         .         .     loooo 

And  in  June  1757  was  emitted  for  tlie 


1758J        ADMINISTRATION    OF    GOVERNOK    BERNAUI).  145 

said  Service  to  be  sunk  at  the  same 

time  the  sum  of         ...         .       5000 

In  Octob'  1757  was  emitted  for  his  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- 
esty s  Service  to  be  sunk  by  annual 
payments  of  £10000  the  first  to  be 
made  NoV  21^'  177J:.  the  Sum  of     .     5O0O0 

In  August  1758  was  emitted  for  raising 
&c  forces  for  the  Defence  of  the 
Frontiers  then  actually  Invaded  & 
Building  another  fort  to  be  sunk 
Nov'  21.  1700.  the  Sum  of        .         .     lOuOO 

155151  —  n 


An  Account  of  the  Charge  upon  each  Year  for  sink- 
ing the  Provincial  Debt  of  New  Jersey  from  Novemb" 
1758. 

1759  For  sinking    the  Remainder  of  the 

£15302.     Outstanding  in  1753      .       1530     4  i 

For  sinking    the  Remainder    of  the 

£15000.  emitted  April  1755      .  500o 

For  sinking  the  Rem'.'  of  the  £15(H)0 

emitted  August  1755    .         .         .       5000 


Total       ....  11530    4  i 

17«;o  For  sinking  the  Rem!  of  £15302  in  1753     153(»     4^ 
For  sinking  the  Rem':  of   £150o0   in 

Aug'  1755 5000 

For  sinking  the  Rem'"  of  £  100(  )0  emitf 

Aug^  1758  ....  10000 

Total  .         .         .  16530    4  1 

10 


146  ADMINiSTEATIOISr   OF   GOVEEKOR   BERNARD.        [1758 

17G1  For  sinking  the  Eem^'  of  £15302  in  1753  1530    4  i 

For  sinking  £10000  emitted  Dec^  1755  lOOOO  —  - 
For   snikmg    part   of  £17500   emitf 

June  175<>         ....  2500 


Total  ....      14030     4 


17<'.2  For  sinking  the  Rem''  of  £1 5302  in  1753  1530  4  i 
For  sinking  the  Rem'"  of  £17500  em'' 

June  1756    ....     15000 


Total    .    -    .    .   16530  4 

1763  For  sinking  the  Rem'.'  of  £15302  in  1753  1 530  4 
For  sinking  £10000  emitt'  April  1757  lOoOo  — 
For  sinking  £5000  omitf  June  1757     50o0  — 


Total       ....         16530    4 


17<>4,  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. 

176S  For  sinking    part    of    £30o0o    emitf 

Octob  1757       .         .         .         .  5000 

1760  For  sinking  the  same        .         .         .  5ooo  — 

1770  For  sinking  the  same  .         .  5000  — 

1771  For  sinking  part  of  £30000  eniitf  Octo 

1757 5000 

1772  For  sinking  the  same    .         .         .  500< » 

1773  For    sinking    the  remainder   of  the 

same  £30000         ....  oooo 

1774  For  sinking  part   of   £50000  emitted 

Ap'  175S loOOO 

1775  For  sinking  the  same        .         .  loooo 

1776  For  sinking  the  same     .         .         .  loooo 

1777  For  sinking  the  same        .         .  loooo 
177S  For  sinking   the   Rem'-  of  the    same 

£50000 loooo 


1758]         ADMINISTRATION    OP   GOVERKOR   BERNARD.  147 


Representation  to  the  King  from  the  Lords  of  Trade, 
inclosing  Copies  of  Letters  and  Fapers  received 
from  Governor  Bernard,  relative  to  a  Law  for 
issuing  Bills  of  Credit  ivitlioid  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  Letters  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  Tro()})S  for  His 
Majesty's  Service  in  the  ensuing  Year,  there  will  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  susjiending  its  Execution  untiU  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  Representatives  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  necessifcy  either  of  altering  Your  Majesty's 


148  ADMIKISTKATION    OF   GOVERJSTOE   BER]SrARD.         [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  will  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. 

Deer  T,  1758  W.  Sloper. 


1758]         ADMINISTEATION    OF   GOVERNOR    BERNAltD.  1-49 


Extracts  from  a  letter  from  Secretary  Pitt  to  (rovern- 
or  Bernard,  of  Neiv  Jersey,  urging  preparations 
for  tJie  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  tlie 
rendez-vous  at  All)any,  or  sucli  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 
SuiH-eme  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  Quebeck,  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  Gentlemen  of  your  prov'",  as  you  shall  judge 
from  their  v^eight  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  proportion 
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  diligence,  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  Ca,mpaign, 
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  time  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]         ADMINISTRATION    OF   GOVERNOE   BERNARD.  151 


Order  of  the  Kiitg  in  Council  approvimj  the  appoint- 
ment of  Charles  Read  and  JoJdc  SmitJi  as  members 
of  the  New  Jersey  Council  in  place  of  John  Bead- 
ing and  Thomas  Leonard. 

fFrom  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  78.  J 

At  the  Court  at  St.  James's  the  1 2"""  day  of 
De:cember  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  ISIew  Jei'sey,  have  desired  leave  to  re- 
sign their  Seats  at  that  Board,  on  Account  of  their 
Age  and  Infirmaties;  and  that  Cliaiies  Read'  and  John 
Smith  Esqf  have  been  recoiiniiended  to  them  as  Per- 
sons every  way  qualified  to  serve  His  Majesty  in  that 
Station;  The  said  Lords  Commissioners  therefore 
propose,  tliat  they  may  be  appointed  of  His  Majestys 
Council  in  the  said  Province  in  the  room  of  the  said 


1  Charles  Read  was  Collector  of  Customs  at  Burlington,  1732-1751,  and  perhaps 
longer.— ^}-dui'es,  VII,  1.50,  381,  650;  Papers  of  Lewis  Morris.  128.  He  was  Secre- 
tary of  the  Province,  at  least  from  1718  to  1700,  and  was  again  commissioned 
Secretary,  February  16,  17G2.  In  1748  was  recommended  by  Governor  Belcher  for 
a  seat  in  the  Council.— ^4 j-cftives,  VII,  139;  VIII,  Part  3,  p.  257;  Booh  AAA  of  Com- 
missions, Trenton,  fol.  339,  366.  Judge  Field  says  he  held  the  place  of  second  Judge 
of  the  Supreme  Court  for  some  months  jjrior  to  the  death  of  Chief  Justice  Morris,  in 
January,  1764;  he  was  appointed  to  succeed  the  latter,  l)ut  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.— Proumc/rti  Courts  of  New  Jersey,  by  Richard  S. 
Field,  1849,  p.  158;  Life  of  Lord  Stirlim/,  by  William  A.  Duer,  1847,  p.  80.— [W.  N.] 


153  ADMINISTRATION"    OF   GOVERNOR  BERNARD.         [1759 

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'?  be  constituted  and  appointed  Members  of 
His  Majestys  said  Council  in  the  Province  of  New 
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  answer  to  several  communications  from  him. 

[From  P.  R.  O.  B.  T.,  New  Jeises^  Vol.  16,  p.  363.] 

Whitehall  Feb'ry  8  1759 

To  Francis  Bernard  Esq""  Governor  of  New 

Jersey. 
Sir, 

We  have  receiv'd  your  Letters  to  Us  dated  the  2()"' 
June,  3''  of  July,  14*'^  &  W  of  Aug?*  15"'  SeptemV  & 
31''  of  Oct^  last,  with  tlie  several  papei's  transmitted 
v^ith  and  referred  to  in  them. 

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


1  Thomas  Leonard  came  from  Massachusetts,  where  his  family  had  been  since 
1653,  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   GOVERNOR    BERNARD.  153 

merciless  Enemy,  was  such,  as  calFd  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  Our  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  vdth  such  dreadful!  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 
ai)prove  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  tliemselves  worthy  of  the  honour  which  has 
been  done  them. 

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

Dictionary  of  Neio  England,  ISGl,  III,  78.  Mr.  Leonard  was  recommended  in  1718 
for  a  seat  in  the  Comiuil,  and  again  in  1745,  when  he  was  appointed.— .4?-c/i.ires,  IV, 
337;  76.,  VI,  333,  S38.  He  was  a  Pi-esbyterian,  was  one  of  the  first  trustees  of 
Princeton  College,  appointed  by  Governor  Belcher  in  r/48;  was  Ohau-man  of  the 
first  Building  Committee,  and  laid  the  corner  stone  of  Nassau  Hall  in  1754.--ifisf . 
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  Correspondence  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  Colonys, 
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  appropriating  all  public  money  whatever  to  be 
rais'd  for  publick  Services,  and  the  mode  of  issuing 
and  applying  it  to  such  Services  to  which  it  is  appro- 
priated, is  by  Warrant  of  the  Governor,  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  established 
for  that  purpose.  Most,  if  not  all  of  the  Laws  pass'd 
here  which  regulate  and  prescribe  the  mode  of  passing 


1759]         ADMINLSTRATION"    OF    GOVERNOR   BERNARD.  155 

Accounts  of  public  money,  and  contain  Checks  upon 
those  intrusted  with  it,  extend  to  the  Colonys,  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  authorized 
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  Clieck  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  established  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  oljcd!  hum'':'°  Serv*:^ 

Dunk  Halifax 
Rich"  Rigby 
W.  Sloper. 


156  ADMINISTRATION    OF   GOVERNOK  BERNARD.         [175'J 


Report  of  the  Lords  of  Trade  to  the  Lords  of  tlie  Privy 
Council,  with  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  PJ  Hon^l"  the  Lords  of  the  Comm?  of 
His  Majesty's  most  Hon^j®  Privy  Council 
for  Plantation  Affairs. 

My  Lords, 

Pursuant  to  your  Lordships  Order  made  on  the  7^^ 
instant  upon  Consideration  of  Oui-  liumble  Represent- 
ation to  His  Majesty  of  the  7"'  of  Decemi"  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'.'  (3ur  Captain  General  &  Governor  in 
Chief  in  and  over  Our  province  of  Nova  Csesarea  or 

1  This  report  approved  by  the  Privy  Council  February  10, 1759.— Ed. 


1759]         ADMINISTRATION    OF    GOVPJRNOR    BERNARD.  157 

New  Jersey  in  Ameiica,  or  to  the  Commander  in  Chief 
of  Om^  said  Province  for  the  time  being.     Given  at 

Our  Court  at  S'  James's  this day  of 175;>,  in 

the  thirty  second  Year  of  Our  Reign, 

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 
New  Jersey  under  your  Government,  whereby  Bills  of 
Credit  may  be  struck  and  issued  in  Lieu  of  money, 
unless  you  take  Care  that  a  Clause  be  inserted  iu  such 
Act.  declaring  that  the  same  shall  not  take  Effect  un- 
till  it  shall  have  received  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  publick 
Charges:  It  is  therefore  Oar  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  Sura  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  employed  for  Our  Service 
in  North  America  in  such  manner  as  We  or  Our  Com- 
mander in  Chief  of  Oar  Forces  shall  think  fit  to  direct 
&  appoint;  and  also  to  the  raising,  subsisting  and 
maintaining  of  two  hundred  men,  to  be  divided  into 
three  Companies,  and  employed  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  establish'd  for  sinking  and  discharging  the 
said  Bills  of  Credit  so  to  be  issued,  in  the  years  17<U  & 
1765  at  farthest. 


158  ADMIXISTRATION    OF    GOVERKOR   BERNARD.         [1759 

And  whereas  in  the  acts  pass'd  of  late  years  for  rais- 
ing Money  for  the  publick  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  estabKsh'd  for  the  Support  of  Our 
just  Authority  and  for  the  Security  of  tiie  Eights  and 
properties  of  Our  loving  Subjects,  are  set  aside:  It  is 
therefore  Our  express  Will  and  Plea. 'iu re  that  you  do 
not,  upon  pain  of  Our  highest  Disjjleasure,  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  applied  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 
Treasurei-  for  the  time  being,  and  audited  by  Our 
Auditor  General  of  Our  plantations  or  his  Dej)uty  for 
the  time  being,  according  to  the  Directions  of  the  20"' 
Article  of  Our  Royal  Instructions  to  you  i]i  that 
behalf. 


1759]         ADMIXISTUATIOK^    OF    GOVERNOE   BEKXAKD.  159 


Speech    of  Governor  Bernard   to  the  Legislature  of 
New  Jersey,  March  (i,  1750. 

[From  P.  R.  O.  B.  T.,  Vol.  24,  No.  24.] 

Gentlemen  of  the  Council  and 
Gentteinen  of  ttie  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  possil)le  dispatch  at  least  as  large 
a  Body  of  Men  as  you  did  for  the  last  campaign  and  as 
many  more  as  the  Ninuber  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  tliei-efore 
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  we  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  all  other 


160  ADMINISTRATIOK    OF   GOVERN^OR   BERNARD.         [1759 

parts.  Hence  a  Terror  has  been  Struck  throughout 
their  coasts,  their  fleets  have  been  blocked  up;  their 
fortifications  have  been  dismantled,  and  their  Shipping 
has  been  destroyed  in  their  own  ports;  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  disappoint- 
ment was  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  the 
Minds  of  the  neighbouring  Indians,  is  of  the  greatest 
importance. 

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  Grov- 
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  fully  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]         ADMINTISTEATION    OF   GOVERNOR    BERNARD.  101 

tions  to  the  Westward  and  Southward  of  that  Country 
intend  to  take  this  opportunity  to  put  themselves  under 
the  protection  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  jjrospect  before  you,  you 
wou\l  be  injurious  to  yourselves  as  well  as  ungreatfuU 
to  your  King  if  you  should  not  contribute  all  in  your 
power  to  the  Common  cause. 

Gentlemen  of  the  General  Assembly — 

I  shaU  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  made,  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 
gTanted  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  shouVl  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 


162  ADMINISTRATION    OF    GOVERNOR   BERNARD.         [1759 

that  can  influence  the  human  mind  to  action  must  in- 
cite you  to  this:  Your  honour  your  Interest  your 
reUgion,  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. 


Answer^  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 

3Iay  it  Please  your  Excellency 

We  His  Majesty's  dutifull  and  Loyal  Subjects  the 
Kepresentatives  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  forget  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]         ADMINISTRATION    OF    GOVERNOR   BERNARD.  1G3 

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- 
lency s  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  Nevill  Speaker 

House  of  Assembly  March  14'!^  1750 


Address  of   Governor  Bernard   to    the    Ley/'slcdure, 
March  15,   ir.")!*. 

[From  P.  R.  O.  B.  T.,  Vol.  ^4,  No.  24.] 

Gentlenieu  of  the  Council  &  Gentteineii  of  the  Ge}iered 
Assemhlu. 
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 


1G4  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  Punctuality  with 
which  you  compleat  your  Numbers  (in  both  which  you 
exceed  almost  all  other  Colonies)  make  your  Men  both 
more  expensive  and  more  Servicable;  And  the  large 
Sums  you  are  obliged  to  raise  for  this  Purpose  will,  I 
hope  Sufficieiitly  prove  that  your  efforts  on  this  occa- 
sion are  the  greatest  that  you  think  the  circumstances 
of  the  Province  will  bear.  In  this  Ught  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  ail  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 well  whether  it  be  advisable  to  leave  the  frontiers 


1759]         ADMINISTRATION    OF   GOVERNOR    BERNARD.  1G5 

entirely  defenceless.  However  I  shall  think  it  Proper 
at  this  particular  time  to  disband  the  v^hole  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  will  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  Company 
with  a  joint  Stock  with  an  exclusion  of  piivate  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  aU 
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  shall  as  much  as  possible  be  made  directly  and 
immediately  to  and  from  some  port  of  this  Province 


1G6  ADMINISTRATION    OF   GOTERNOR   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  publick 
good  will  often  have  such  great  consequences  as  the 
Negotiations  at  Easton  produced.  But  I  hope  I  shall 
act  with  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  Secretary  Pitt,  re- 
lating to  tlie  unanimity  and  despatch  manifested 
by  the  Neiu  Jersey  Asseynhly  in  carrying  out  the 
King^s  commands. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  72.] 

Perth  Amboy  Mar  20,  1759 
The  R*  Honble  William  Pitt  Escf 

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  1000  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]         ADMINISTRATION    OF    GOVERNOR   BERiVARD.  1G7 

As  It  is  the  Ambition  of  the  People  of  this  Province 
to  be  distinguished  by  their  loyalty  to  his  Majesty  & 
Zeal  for  his  Service,  1  must  beg  leave  to  submit  to 
your  honour,  that  the  grant  of  hKH)  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  &  so,0oo.  The  fencible  Men  would,  in 
time  of  peace,  be  above  15()(»(»:  But  at  present  they 
cannot  be  near  so  many.  This  Coimtry  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  com  pleat 
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  Grov'" 
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  al)Ove  5  times  as  populous  as  ours,  raises  but 


1G8  ADMINISTEATION"    OF    GOVERNOK    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  i^OoO  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  froni  Governor  Bernard  to  the  Lords  of  Trade 
informing  them  that  the  Assemhly  had  passed  a 
Bill  for  raising  1,000  meyi  and  a  Bill  for  their 
support. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  83.] 

Perth  Amboy  Mar  21.  1759 

The  B}  Hon'ble  Lords  Coin'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.  101* 

before  them  M'  Pitts  Letter:  And  they  immediately 
proceeded  to  bring  in  a  bill  for  raising  lOuo  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  N,  to  o  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  iTGl,  5  <;  &  7.  If  I  liad 
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  Lordships  most 

obedient  &  most  humble  Servant 

Fra.  Bernard 


170  ADMI^ISTEATIOlSr    OF    GOVERNOR   BERNARD.         [1759 


Letter  from  Governor  Bernard  to  the  Lords  of  Trade, 
coyitaining  his  observations  upon  the  Money  Bills 
passed  for  extraordiyiary  purposes. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  8, 1.  83.] 

Perth  Amboy  Mar  30.  1759 

The  R*  Honble  Lords  Comrs  for  Trtide  &  Plant- 
ations. 
My  Lords 

I  this  day  being  informed  that  there  was  a  packet 
ordered  to  sail  from  New  York  to  England  [have]  this 
day  sent  away  a  packet  for  your  Lordships  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  houi- 
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  present  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  Regiment ;  I 
know  myself  that  upon  many  accounts,  It  would  be 


1750]         ADMINISTKATION    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 
conti'ibute  their  utmost  share  to  the  common  cause. 
And  for  the  moi*e  expedition,  they  brought  in  tlie  bill 
by  a  printed  l)ill  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  pul)lic 
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  foi'ces  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 

Fka.  Bernard 


17'Z  ADMINISTRATION    OF    GOVERNOR   BERNARD.  [1759 


Letter  from  Colonel  Jolm  Parker  to  Lewis  Johnson, 
referring  to  the  co-operation  of  the  Indians  in  the 
campaign  with  which  he  inas  coyinected. 

[From  Skinner  and  Parker  Papers  among  the  manuscripts  of  W.  A. 
Wliitehead,  Vol.  1,  No.  41.] 

ScHOHARY  the  2sf  April  1750 
Dear  Lewis 

The  place  where  I  am  seems  to  have  so  little  communi- 
cation with  the  rest  of  the  world  that  I  can  hardly  say 
I  am  in  it,  however  it  will  not  be  long  before  v^e  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  Allies  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  Niagara  for  a  trading  house  &  will 
assist  in  taking  it — I  am  just  going  to  dinner,  deliver 

the  inclos'd 

John  Parker. 


1759]         ADMINISTRATION    OF    GOVERNOR   BERNARD.  173 


Representation  fi-oia  the  Lords  of  Trade  to  the  King, 
p7'oposin(i  Nathaniel  Joues  to  be  Chief  Justice  of 
New  Jersey  in  the  room  of  William  Aynesle/j, 
deceased. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  10,  p.  379.] 

To  the  King's  most  Excellent  Majesty. 

May  it  please  your  Majesty, 

William  Aynesley  Esqf  Chief  Justice  of  Your  Maj- 
esty's province  of  New  Jersey,  being  deceas'd,  And 
Nathaniel  Jones  Esqf  liaving  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  Wilham  Aynes- 
ley Esq!'  deceas'd. 

Which  is  most  humbly  submitted. 

Dunk  Halifax. 

James  Oswald. 

SoAME  Jenyns. 

W.  CI.  Hamilton. 
Whitehall  May  22'.'  175-)  W'  Sloper. 


'  Nathaniel  Jones  was  appointed  May  24tli,  and  the  appointment  approved  on 
May31si."Ei). 


174  ADMINISTRATION    OF   GOVEIINOK  BERNARD.         [1759 


Letter  from  Governor  Bernard  to  tlie  Lords  of  Trade, 
informing  them  that  tlie  New  Jersey  Regiment  tiad 
arrived  at  Albany,  arid  that  he  had  laid  out  a 
Toivn  for  the  Indians  in  Burlington  Comity, 
greatly  to  their  satisfaction. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  Vm,  I.  85.] 

Perth  Amboy  June  15.  1759 

To  the  Right  Honble  the  Lords  Com'mrs  for 
Trade  &  Plantations 

My  Lords 

I  have  the  honour  to  inform  your  Lordships  that  hy 
the  20"'  of  last  month  I  got  the  Nev7  Jersey  Kegiment 
compleated  &  fully  cloathed  &  accoutred,  &  had  them 
all  embarked  by  the  32'1  I  have  since  received  advise 
that  they  all  arrived  at  Albany  on  the  27"',  v^here  they 
w^ere  immediately  reviev^ed  by  the  General  &  much 
approved  of,  being  universally  allowed  to  be  the  best 
Provincial  Eegiment  in  America.  They  are  command- 
ed by  Col  Schuyler  who  has  under  him  a  Very  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  7(»0,  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  County  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]         ADMINISTRATION    OF    GOVERNOK    BEKNAKD.  175 

all  their  claims  in  the  province,  in  consideration  of  a 
tract  of  3(100  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  ]3urposes.  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 
ordei'ed  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  sepai'ate 
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  the  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  20(»,  &  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,  hut  the 
name  has  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. 
212;  AUinson's  Laws,  p.  221.— Ed. 


17G  ADMINISTRATION    OF    GOVERNOR  BERNARD.         [1759 

have  entirely  quitted  it  &  are  gone  to  the  Sesquehan- 
nah,  where  they  Hve  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  tov^aiship  there  by  the 
Name  of  Mountagu,  between  the  Parqualin  Mount- 
ains &  the  Delaware,  &  from  the  Lower  Minissink 
Island  to  Cushytunk  point;  a  Country,  that  a  year 
ago  no  one  would  Venture  to  live  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  pretentious  of  Robert  Hunter  Mor- 
ris to  the  office  of  Chief  Justice  of  that  Province. 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  8, 1.  87.1 

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  proposed  to  re- 
sume his  office  of  Chief  Justice  by  virtue  of  his  former 
patent,  which,  he  said,  was  not  surrender'd  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  entei*  upon  the  office  by  virtue 
of  his  former  i>atent;  for  that  when  I  entered  upon  the 
government  I  found  another  person  in  possession  of  the 
office  &  universally  acknovv^ledged  as  such,  and  he 
being  dead  the  office  w^as  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  nothing  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^yom'  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 
C^ountry.  There  is  not  a  frenclnnan  on  this  side  the 
lakes  to  be  seen,  except  prisoners,  of  which  there  are 
near  lOOO  in  ]Mew  York  Connecticut  &  New  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    GOVEllNOR  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  English 
Intrest)  improved  and  matured  by  General  Amherst 
and  S'  William  Johnson. 

I  am,  My  Lords,  your  Lordships  most 

Obedient  &  most  humble  servant 

Era  Bernard 


Order  of  the  Comicil  of  New  Yor^k  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  appears  by  the  Petition  of  William  Cutte- 
back  and  Philip  Swartwout, '  in  behalf  of  themselves 


'  This  petition  precedes  this  document.     The  statements  are  repeated  in  the 
petition,  dated  February,  1761.    See  post. 


1759]         ADMINISTRATION    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  1T55  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  Recovery  of  Land  in  the  posses- 
sion of  or  belonging  to  Jacobus  Swartwout,  Father  of 
the  Petitioner  Phili])  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  Northeast w^ard  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  Jolm  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  this  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,  Phihp  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  opportunity  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,  part  of  the 
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  represent  the  Right  of  the 
said  Cornelius  Westfall  the  Lessor  of  the  Plaintif  (who 
died  near  three  years  ago)  have  threatened  to  take  the 


1759]         ADMINISTKATION    OF   GOVERNOR    BERNARD.  1^1 

like  Steps  in  the  other  three  Causes  immediately  after 
the  next  Terai  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,  tliat  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 
TerwiUiger  and  Jacob  Westfall,  if  found  on  the  Lands 
lately  possessed  by  the  said  Phihp  Swartwout,  from 
the  possession  whereof  lie  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  deliver  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  Slierif  is 


182  ADMIKISTKATION^   OF   GOVEEJSTOE   BEKNARD.         [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'  y'  9*."  1759 

I  Have  Executed  the  Above  Order  of  Council  and 
put  Philip  Swartwout  Into  possession  of  the  House 
and  Lands  from  which  he  was  Ousted. 

Dan'^''  Everett  Sheriff. 


Letter  from  the  Sheriff  of  Orange  Comity,  returning 
tlie  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  Opposition  nor  Found 
no  person  on  the  premises,  But  a  Woman  and  Five 
Children,  Whome  I  Ousted,  You  WiU  Be  Good  Enough 
to  Acquaint  His  honour  the  Governor  with  what  I 
Have  Done  in  the  Affair  and  You  WiU  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. 


1750]         ADMINISTRATION    OF    GOVERNOR    BERNARJJ.  183 


Circular  letter  to  all  Ids  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  Tlianksgiving  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  lie  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'  18"'  1759.  W.  G.  Hamilton. 

A  like  Letter  was  wrote  to  all  His  Majesty's  Gov'!** 
in  America. 


184  ADMINISTRATION"   OF   GOVEENOR   BERNARD.         [1759 


Officers  of  the  New  Jersey  Regiment  in  the  Ftrnch 
War,  175S,  1759. 

[From  Book  C  3  of  Commissions,  in  tlie  Secretary  of  State's  Office,  at  Trenton.] 

A  List  of  Officers  in  the  New  Jersey  Regiment  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        i  captains 

John  Tenbrook 

William  Douglass 

Samuel  Harker 

Joseph  Leonard 


1  The  two  rosters  given  herewith  are  entered  together,  and  apparently  in  1759. 
In  1758,  "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  remained,  would  complete  one  thousand  effective 
men."— ^Hinsoji's  Laws,  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  captiu-e  at  Fort  Oswego,  with  a  part  of  his  Regiment,  August  14,  1756  {N.  Y. 
Col.  Docs.,  X.,  444;  Wynne's  British  Empire,  U.,  C5),  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  con.sequently  they  came  home.— Wynne,  II.,  71-3;  Whitehead''s  Perth  Aniboy, 
132;  N.  Y.  Col.  Docs.,  X.,  617,  024.  Col.  Schuyler  and  Col.  Parker  were  thus  both 
disqualified  from  taking  command  of  the  Regiment  as  "augmented  "  in  the  spring 
of  17.58,  and  hence  it  was,  doubtless,  that  John  Johnston  was  commissioned  Colonel 
of  the  New  Jersey  troops  sent  to  Canada  in  1758.  The  organization  was  kno\'STi  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.  V.  Col.  Docs., 
X.,  732.    Col.  Johnston  was  a  son  of  John  Johnston,  of  Monmoutli  County  Lbom 


I'TSO]         ADMINISTRATION    OF   GOVERNOR   BERNARD. 


185 


Lieutenants. 


Joseph  Barton 
James  Anderson 
Abraham  Bonnel 
John  Vandike 
Nathaniel  Hubbell 

Jun'. 
William  Pew,  Jun' 
Jonas  Bedford 
Zepheniah  Luse  v/^ 
Ephraim  Miller 
Alexan'r  Anderson 
George  Coryell 
Silas  Newcomb 
Elias  Dayton 
Josiah  Banks 
Thomas  Johnson 
Keuben  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. 


Ensigns. 


1C91,  died  1732],  who  was  a  son  of  the  noted  Dr.  John  Johnstone,  of  Perth  Amboy. 
Col.  Johnston's  commission  bears  date  March  10,  1758.  He  was  second  in  rank  on 
the  Oneida  Station  tlie  next  year,  and  is  said  to  have  been  liilled  by  a  cannon  ball 
at  Fort  Niagara  in  the  course  of  tlie  war. — Whitehead's  Perth  Amboy,  71-2. 

Some  notices  of  other  officers  of  this  regiment  may  not  be  amiss.  Thomas  Shaw 
was  a  captain  under  Col.  John  Parker  in  the  unfortunate  ambuscade  made  at  Sab- 
bath Day  Point,  July  2G,  1757,  and  was  killed  at  Tieonderoga,  July  8,  1758.— Pejui. 
Archives,  LU.,  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,  III.,  203),  but 
in  the  following  spring  he  is  commissioned  Major,  as  above,  and  subsequently  be- 
came Lieutenant-Colonel,  under  Col.  Peter  Schuyler.  (See  next  i-oster.)  He  was 
Colonel  of  the  Regiment  in  17G1  and  1762.  {N.  J.  Analytical  Index,  360,  366.)  Lieuten- 
ant Solomons,  doubtless  the  John  Salmon  mentioned  above,  was  reported  killed  at 
Sabbath  Day  Point;  also  Lieut.  McDaniel,  probalily  the  William  McDonald  who 
figures  above  as  Captain  in  the  ensuing  spring.— 76.  Was  this  the  Captain  McDon- 
ald who  so  gallantly  led  the  attack  on  Fort  DuQuesne  (Pittsburgh)  in  September, 
1758?— iV.  Y.  Col.  Docs.,  X.,  902.  William  Winds  was  born  at  Southold,  L.  L,  in  1727 
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  sketiih  of  this  remarkable  man,  by  the  Rev.  Dr.  J.  F.  Tuttle, 
will  be  found  in  Proceedings  N.  J.  Hist.  Soc,  May,  1853;  also  in  Dr.  Tultle's  "Annals 


Capts. 


186  ADMINISTRATION   OF   GOVERNOR   BERNARD.         [1759 

List  of  Officers  in  the  New  Jersey  Regiment. 

Peter  Schuyler,  Ool.  &  Capt. ' 

Samuel  Hunt,  Lieut.  Col.  &  Capt. 

William  Douglass,  Major  &  Capt. 

John  Riley 

Zeph''  Luse 

John  Tenbrook 

Alex.  Anderson 

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  Sabbath  Day  Point  fiasco, 
and  was  wounded  at  Ticouderoga.— Penri.  Archives,  III.,  203;  N.  Y.  Col.  Docs.,  X., 
738.  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 
tbe  temerity  to  drink  "East  India  tea  in  his  family,"  "in  open  violation  of  the  Third 
Article  of  the  said  Association,"  and  to  declare  that  he  would  continue  to  do  so, 
whereupon  it  was  decided  "  to  break  oft'  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-Genei-al  of 
Militia.— il/MiMies  Council  of  Safety,  1775-6,  93,  95,  551;  StnjJcer,  ut  supra,  S4,  S35, 
350.  Elias  Dayton  was  one  of  Elizabethtown's  most  prominent  citizens,  and  was  a 
Brigadier-General  in  the  Revolution. — lb.,  63,  etc.;  HatfiehVs  Elizabethtown,  p«s- 
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  tbe  same  coimty,  and  entering  the  military 
service,  "  commanded  the  'Jersey  Line'  during  his  entire  term  of  sei-vice  as  a  gen- 
eral officer  [1776-80],  and  took  an  active  part  in  eveiy  battle  in  which  his  brigade 
distinguished  itself."— J/jiiMies  Council  of  Safety,  1775-6,  19,  169,  et  seq.;  Stryker, 
64.  This  French  War  served  as  an  admirable  school  for  training  Americans  to  fight 
for  their  independence  twenty  years  later.— [W.  N.] 

1  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.— Allinso^i's  Laws,  324. 
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 
oflftcer  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  Winfield'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] 


ADMIXISTRATIOX    OF    GOVERNOR    BERNARD, 


187 


W"  Pew  Junr 
Josiah   Banks 
W"'  Maxwell 
W"  Falkner 
Walter  Vantuyl 
Elias  Dayton 
George  Coiyel 
Tho'  Long-field 
Tho^  Griffen 
Phinehas  Crane 
Mich^  Henderson 
Daniel  Coe 
Gilman  Freeman 
W™  Cox 
Jonathan  8tont 
Enoch  Hunt 
John  Albertis 
Jacob  Bonnel 
W"  Shute 


1^  Lts. 


Ens. 


meiit,"  was  signed  by  Governor  Bernard  March  19,  lTo8,  just  four  days  after  the 
passage  of  the  law  authorizing  the  raising  of  the  regiment. — N.  J.  Anali/tical  In- 
dex, 351.  Among  those  reported  killed  at  Sabbath  Day  Point,  July  26,  1757,  was 
GrifHs  (Penn.  Archives,  III.,  20.3),  possibly  referring  to  him  who  was  after- 
wards Ensign  Thomas  Grifiin,  in  Col.  Johnston's  Regiment,  and  Lieutenant  in  Col. 
Schuyler's  Regmient  in  1759.  William  Shute  served  as  < 'aptain  and  Paymaster  in 
the  New  Jersey  troops  from  1775  to  the  close  of  the  Revolutionary  'Wa.r.^Stryker, 
73,  3.55.  Tnere  was  an  Ensign  Ogden  among  the  Jerseymen  surrendei-ed  at  Oswego. 
-N.  Y.  Doc.  Hist.,  II.,  32G.-[W.  N.] 


188  ADMimSTRATION    OP   GOVERNOR   BERNARD.         [1759 


Letter  from  the  Loixls  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  Carohna,  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.  Eamilton. 
W.  Sloper. 
James  Oswald. 
Whitehall  Novf  11.  1759 


1759]         ADMIlSriSTEATION    OF    GOVERNOR    BERNARD.  180 


Order  of  His  Majesty  in  Council,  approving  a  Repre- 
sentation of  the  Lords  of  Trade,  proposing  Tliouias 
Boone  to  he  Governor  of  New  Jersey. 

[From  P.  R.   O.  B.  T.  New  Jersey,  Vol.  8,  I.  86.] 

*—--*     At  the  Court  at  Sf  James's  the  27: 
{''"'  \  day  op  november  1759 

Present 

The  King's  most  Excellent  Majesty  in  Council 

Upon  reading  this  day  at  the  Board,  a  Eepresenta- 
tion  from  the  Lords  Commissioners  for  Trade  and 
Plantations,  dated  the  1-1:  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  Esq!'  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  Majestys  said  Province 
of  New  Jersey  in  the  rooui  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  8eal,  and  also  Draughts  of  Instructions  for  the 
said  Thomas  Boone,  and  lay  the  same  before  His  Maj- 
esty at  this  Board  for  His  Royal  approbation. 

W.  Sharpe 


190  ADMINISTKATION    OF   GOVERNOR    BERNARD.         11750 


Representation  from,  the  Lords  of  Trade  to  the  King, 
with  a  draft  of  a  Commission  for  Thomas  Boone 
to  he  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,  We  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,  v^^e  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*."  1751)  W.  G.  Hamilton. 


Draught  of  a  Commission  for  Thomas  Boone 

Esqf 

Our  Will  and  Pleasure  is,  that  you  do  prepare  a  Bill 
for  our  Royal  Signature  to  pass  Our  Great  Seal  of 
Great  Britain,  in  the  Words,  or  to  the  effect  following. 

George  the  second  by  the  Grace  of  God,  of  Grea.t 
Britain,  France  and  Ireland  King,  Defender  of  the 
Faith  &c^  To  Our  Trusty  and  Wellbeloved  Thomas 
Boone  Esq'  Greeting  ;  Whereas  We  did  by  Our  Letters 


1759]         ADMIXISTRATIOK    OF   GOVERNOR  BERNARD.  101 

Patents  under  Our  Great  Seal  of  Great  Britain  bearing 

date  at  Westminster  the day  of 1Y58,  in  the 

thirty  first  year  of  Our  Reign,  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  tliereunto  had,  may 
more  fully  &  at  Large  appear  :  Now  Know  you  that 
We  have  revok'd  and  detei-min'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^osf,  under  date  of  January  1-1,  1700. — 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  Francis  Bernard  Esq''  Governor  of  New 

Jersey. 
Sir, 

We  have  receiv'd  your  Letter  to  Us  dated  the  28*'' 
of  August  last,  acquainting  us  that  Mr  Morris  had  ap- 
plyed  to  be  admitted  to  the  Office  of  Chief  Justice  in 
Virtue  of  his  former  Patent. 

As  we  are  entirely  un -in formed  of  the  Grounds  and 


193  ADMINISTHATIOIsr    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  will  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  Commaiids  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  l-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 
GovT  of  New  Jersey  in  your  stead;  and  also  such 
Instructions  as  His  Majesty  shall  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;  14.  1759.  I  .  W.  G.  Hamilton. 

W.  Sloper. 


1750]         ADMIKTSTRATIOK    OF    GOVERNOR    BERNARD.  l'.)3 


Representation  frohi  tl/e  Lords  of  Trade  to  the  King 
— witli  a  Draft  of  General  Instructions  and  those 
relating  to  trade  for  Thomas  Boone,  apxjointed 
Governor  of  Nen^  Jersey. 

[From  P.  R.  O.  B.  T  ,  New  Jersey,  Vol.  16,  p.  291-3.1 

To  the  King's  most  Excellent  Majesty. 

May  it  pt ease  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 
(3bservance  of  the  Acts  of  Parliament  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'  Instructions,  We  have  made 
no  Alterations  from  the  Instructions  given  by  your 
Majesty  to  Francis  Bernard  Esq!'  the  late  Governor  of 
the  said  Province.' 

The  Draught  of  Instructions  for  the  Observance  of 
the  Acts  of  Parliament  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. 

Whitehall       I  W  Sloper. 


Feb'ry  13,  17(10.  '  Ed:  Bacon. 


See  pages  28-107  of  this  voliiiiic.— Ed. 

13 


194  ADMINTSTEATION    OF   GOVERNOR   BERNARD.  [1759 


Instructions  to  Thomas  Boone,  Governor  of  New 
Jersey. 

[From  Book  AAA  of  Commissions,  in  Secretary  of  State's  Offlee,  at  Trenton,  N.  .T. 

fol.  33-i.  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  Eeign  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, 
Eelation  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  that  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  Jeisey,  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]         ADMINISTRATION    OF   GOVERNOR    BP]RNARI>.  105 

ing  to  the  several  powers  aiid  directions  Granted  or 
Appointed  you  by  this  present  commission  and  the  In- 
structi(nis  &  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  accoiding  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. 

[Tlie  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. 

By  writ  of  Privy  Seal. 

YORKE     &   YORKE. 

The  foregoing  Commission  was  pubhshed  at  Amboy 
July  4th  1T<')<|  and  at  Buriington  tlie  l>th  day  of  the 
same  Month. 


Commission    to    Thomas  Boone   as    Vice-Admiral  of 
New  Jerseij,  conferring  Admiralty  Jurisdiction,  etc. 

[From  Book  AAA  of  Commissions,  in  Secretary  of  State's  Office,  at  Trenton,  N.  J., 

fol.  339.1 

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 


196  ADMIN^ISTRATION    OF   GOVERKOR  BERNARD.         [1759 

General  &  Governor  in  Chief  of  our  province  of  Nova 
Ca^sarea  or  New  Jersey  in  America  Greeting  We  Cou- 
iiding  very  much  in  your  fidelity  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  Deputy  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  depending  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  Ofhce  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 thei'eon  &  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 


1750]         ADMINISTRATION    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  persons  Whomsoever  had 
made  begun  or  C^ontracted  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  ife 
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  busine;^ses  What- 
soever  throughout  the  places   aforesaid  within   the 


r.J8  ADMINISTR/VTIOX    OF    GOVERNOR    BERISTARD.         [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  hov^ever  done  com- 
mitted perpetrated  or  Happening  And  also  to  Inquire 
by  the  Oath  of  Honest  and  Lawfull  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  Right  &  by 
the  Statutes  Laws  &  Ordinances  &  Customs  Anciently 
observed  were  wont  &  ought  to  be  Inquired  after  as  of 
Wreck  of  the  Sea  &  of  all  &  singular  the  Groods  & 
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  &  Tei-ritories 
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  &  C^ battels  of  all  Fugitives  persons  Con- 
victed Attainted  Condemned  Outlawed  or  Howsoever 


1759]         ADMINISTRATION    OF    GOVEKNOK    BERXARD.  J  99 

put  in  exigent  for  Treason  Felony  Manslaughter  or 
Murther  or  any  other  Offence  or  Crime  Whatsoever  & 
also  concerning  Goods  Waving  Flotzon  Jetson  Lagon 
Shares  and  Treasures  found  or  to  he  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 
all  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  all  Fresh  waters  Ports  Pablick  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  c%  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  A^ery  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  cfe  singular 
other  the  premises  together  with  all  &  all  Manner  of 
Fines  Mulcts  Issues  Forfeitures  Amerciaments  Ran- 
soms &  Recognizances  whatsoever  forfeited  or  to  be 
forfeited  &  ])ecuniary  punishments  for  Trespasses 
Crimes  Injui'ies  Extortions  Contempts  t'c  other  Mis- 
demeanors AVhatsoever  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   OOVERNOIl   BERNARD,         [175!) 

Nova  Ceesarsa  or  New  Jersey  &  Territories  thereunto 
Belonging  and  Maritime  parts  of  the  same  &  thereto 
Adjoining  in  any  Court  of  our  Admiralty  there  held 
or  to  he  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  ]\Iaritime  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  likewise  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 


1750]         ADMINISTRATION    OF    GOVERNOR    BERNARD.  301 

&  Contracts  and  all  &  every  the  Respective  premises 
Whatsoever  above  expressed  according  to  the  Laws  & 
Customs  aforesaid  and  by  all  other  Lawfull  Means  & 
Methods  according  to  tlie  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  Temporal  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  Goals  being  within  our  province  of  Nova  Ceesarea 
or  New  Jersey  aforesaid  &  Territories  thereunto  be- 
longing the  parties  Guilty  &  the  C-ontemners  of  the 
Law  and  Jurisdiction  of  our  Admiralty  aforesaid  & 
Violaters  Usur]iers  Delinquents  &  Contumacious  Ab- 
sentors  Mastei's  of  Ships  Mariners  Rowers  Fishermen 
Shipwrights  &  other  Workmen  &  Artificers  Whatso- 
ever exercising  any  kind  of  Maritime  Afi:airs  according 
to  the  Rights  Statutes  Laws  Ordinances  and  Customs 
anciently  observed  &  to  deliver  &  Absolutely  discharge 
&  Cause  &  Command  to  l)e  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  cSl  Cause  to  be  executed  &  kept  in 
our  said  province  of  Nova  Ceesarea  or  New  Jersey  & 


20^  ADMllSriSTRATIOlSr    OF    GOVERNOR   BERNARD.         [1759 

Territories  thereunto  belonging  and  Maritime  parts 
thereof  &  thereto  Adjacent  Whatsoever  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  resj^ect  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  hlvewise  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  Murthei'ed  or 
which  shall  happen  to  be  killed  drowned  or  Murthered 
or  by  any  other  Means  come  to  their  death  in  the  Sea 


1759]         ADMIS"ISTRATrON"    OF    GOVERNOR    BERNARD.  203 

or  publick  Streams  Ports  Fresh  Waters  or  Creeks 
Whatsoever  within  the  flowing  of  the  Sea  &  high 
Water  Mark  thronghont  our  aforesaid  province  of 
Nova  Ceesarea  or  New  Jersey  &  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  ])ower  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  he  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 
Court  of  Admiralty  of  England  Provided  neverlhele.'^s 


204  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  Certine  &  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  & 
faithfull  account  thereu})on  to  be  made  in  an  Authen- 
tick  Form  &  Sealed  with  the  Seal  of  ouj-  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  &  other 
Officers  &  faithfull  &  Liege  Subjects  Whatsoever  & 
every  of  them  as  well  within  Liberties  &  Franchises 
as  without  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  aforesaid  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  Law,  &  the  peril  which  will  fall  thereon  Given 
at  Loudon  in  the  High  Court  of  our  Admiralty  of 
England  aforesaid  under  the  Great  Seal  thereof  the 


17()0|         A[)M1XISTRAT10N    OF    GOVEENOH    BERN'AIII).  205 

thirteenth  day  of  Fel)ruary  in  the  year  of  our  Lord 
one  thousand  Seven  Hundred  &,  Sixty  &  of  our  Eeign 
the  thirty  third. 


GoDF.  Lee  Farrant 

Ee^ister. 


The  above  Commission  was  pubhshed  at  Perth  Am- 
boy  the  -ith  day  of  July  Anno  Domini  ITCO  cV:  at  Bur- 
hngton  the  !>th  [July]  !7<*)0  following. 

Chas  Read  Secry, 


Letter  from  Tliomas  Boone,  (i  resident  of  South  Caro- 
lina,  to  the  Lords  of  Trade,  acknowledging  the 
lionor  conferred  upon  Jtint  by  his  appointment  as 
Governor  of  Ncu.j  Jersey . 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  8,  I.  88.] 

Charles  Town  S" Carolina  Feb:  14"^  17()0 

Ml]  Lords 

I  had  the  Honour  of  being  made  acquainted  yester- 
day, by  a  Letter  from  your  Lordsliips  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  Loixlships  my  warmest  and 
most  Humble  Th^anks  for  your  Congratulations  on 
this  Occasion,  &  to  assure  your  Lordships  that  I  shall 
in  Obedience  to  your  Commands.  Re|)air  to  New  Jersey 
with  all  Possible  Diligence. 

I  have  the  honour  to  be  My  Lords 
Your  Lordshijjs  most  ( )blig(Ml  & 

Obedient  Hinnble  Servant 
Tho:  Boone. 


20(5  ADMINISTRATION    OF    GOVEENOli    BERNARD.         [1760 


Letter  from  Mr.  Robert  Hunter  Morris  to  Governor 
Bernard  showing  why  he  ought  to  have  been  per- 
mitted to  resume  his  office  of  Chief  Justice,  and 
inclosing  a  copy  of  the  j^ctfent  appointing  him  to 
that  office. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I,  91.] 

Amboy  in  New  Jersey  Feb'y  22  17()0 
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  1738  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,  &  the  Coun- 
cil. I  informed  them  of  that  part  of  my  letter  to  the 
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  River,  and  therefore 
did  not  accept  of  my  offer  to  resign. 


ITGO]  AOMIN^ISTIlATlOJi   OF   GOVF'.KN^OR    BERNAIiD.  207 

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  1T5(;  I  resigned  the  (xovernment  of  Pen- 
silvania, i-emoved  into  this  Province,  and  Exercised 
the  office,  till  towards  the  end  of  the  year  17.-)T,  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,  I'elative  to  that  Office,  as 
to  the  place  itself,  you  must  be  sensible  that  the  income 
of  it,  is  now  &  lias  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  E.sq':  Chief 
Justice  of  New  Jersey. 

Rec'^  with  M'.'  Bernard's  L're  of  25  Febry  17()0 

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 


208  ADMrjnSTIl.VTrON'    OF    rTOVERN"OR   BERN'ARD.         [1760 

and  conficleDce  in  your  integrity  inipartialty  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  Granting  unto  yoQ  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  Caesarea  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  ofiice  as  fully 
and  amply  as  any  othej-  Our  chief  Justices  of  Our  Said 


1700]         ADMINISTRATION    OF   GOVERNOR    BERNARD.  '209 

Province  have  or  of  right  ought  to  have  held  and  en- 
joyed the  Same  to  you  the  said  Robert  Huntei*  Morris 
for  during  your  good  behaviour  in  the  Same  In  Testi- 
mony whereof  we  have  caused  these  our  Letters  to  ])e 
made  Patent  and  tlie  Seal  of  ( )ur  Said  Province  to  be 
hereunto  affixed  AVitness  our  trusty  and  well  beloved 
Lewis  Morris  Esq';  our  Captain  General  and  Governor 
in  chief  in  and  over  our  Province  of  Nova  Cccsarea 
or  New  Jersey  and  Teri-itories  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  twelfth  year  of  Our  Reign 
annocf'  Domini  J  73s. 

Burnet 
Secretarys  Office  at  Perth  Amboy  in  New  Jersey 
The  above  is  a  true  Copy  from  Book  E  2.  page  ;>3() 

Tho*  Bartow 

See? 


Letter  from  Gover)tor  Bernard  to  the  Lords  of  Trade 
expressing  his  gratitftde  at  beiiaj  appointed  (Jou- 
eritor  of  Massac] i use tts  Bay.— The  solemnization 
of  the  Day  of  Thanksgiving.— Mr.  Morris'  claim 
to  the  office  of  Chief  Justice. 

[From  P.  R.  O.  B.  T.  Now  Jersey,  Vol.  8, 1.  89.] 

Perth  Amboy  feb  2.').  IKio 

The  R*  Honble  The  Lords  for  Trade  &  Plan- 
tations 
My  Lords 

I  had  the  honour  on  the  15"'  lost  to  receive  your 

Lordships  commands  by  letters  severally  bearing  date 

Nov  13,  Nov  14  ik  Dec  U.     As  to  the  first   signifying 

his  Majesty s  commands  for  appointing  a  day  of  thanks- 

14 


210  ADMINISTKATIOIs^    OF    GOVERNOR  BERNARD.         [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  his 
Majestys  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  ine,  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]         ADMINISTKATION    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  probability 

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  11"'  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  ]>]oposed  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  Lordshi]is 

most  obedient  &  most  humble  Servant 

Fra.  Bernard 


212  ADMINISTKATION   OF   GOVEENOR   BERNAED.         [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.  O.,  B.  T.,  New  Jersey,  Vol.  8, 1.  92.] 

Perth  Amboy  Mar  22  1Y60 

The  R*  Hon'ble  the  Lords  Com'rs  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  much  trouble  : 
but  that,  as  I  was  removing  from  the  Province  &  not 
hke  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  1  thought  it  was 
extended  much  beyond  me.  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]    ADMINISTRATION  OF  GOVKRNOK  BEKNAKD.      'Zio 

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  present 
&  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 
whicli  he  never  sat  as  Chief  Justice,  till  after  he  had 


2il4  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  first  day  of  the  Term 
in  March  175s  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  17<>0  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. 

Rec^'  with  the  Gov'":^  L're  of  22  March  1760. 

*  '^  *  George  the  Second  by  the  grace  of  God  of 
^-  ^  ^  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'')"  Eobert 
Hunter  Morris  Esq'  chief -justice  Samuel  NeviU  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 Eobert  Hunter  Morris  Esq',  chief  Justice  of  the 
province  of  New  Jersey  during  iiis  good  behaviour  in 


1?60]         ADMINISTRATION    01"    C40VERX0R    BEKi^ARD.  215 

the  same  was  read  in  the  words  following  George  the 
second  by  the  grace  of  God  of  Great  Biittain  France 
and  Ireland  King  Defender  of  the  faith  &c  To  our 
trusty  and  well  beloved  Robert  Hunter  Morris  Esq^ 
Greeting.  We  reposiiig  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  Ga^sarea  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 
autliority  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  ]3rovince  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  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  office  and  place  of  chief  justice  of  and  in  our  said 
province  of  Nova  Cc3esarea  or  New  Jersey  in  America 
with  all  and  Singular  the  rights  privileges  advantages 


21G  ADMINISTRATION   OF   GOVERNOR   BERNAIM).         [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 
Kmg  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  oar  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 


liGO]         ADMINISTRATION    OF    (lOVERNOK    BKRXAKI).  217 

of  judicature  at  such  places  and  times  as  the  same 
may  and  ought  to  be  held  within  our  said  province. 
In  testimony  whereof  wt^  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  Beknard  Esq-'  our  captain  gen- 
eral and  governor  in  chief  in  and  over  our  province  of 
Nova  C'ff'sarea  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.  iJead.  Whereupon  the  said 
Nathaniel  Jones  Esq'  prayed  to  have  the  oath  of  office 
to  be  administred  to  liim  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  Esci""  was  read  in  these 
words  (a  commission  appointing  William  Aynsley  Esq'-' 
chief  justice  of  the  province  of  New  Jersey  was  openly 
read  Also  other  entry s  shewing  that  William  Aynsley 
Esq'"  deceased  Satt  as  chief  justice  for  the  said  term  of 
March  one  thousand  seven  hundred  and  fifty  eight 
and  the  term,  next  following  and  that  W-  Nevill  satt  as 
second  justice  of  said  court  As  the  motion  of  M'' 
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  C!harles  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  ADMINISTRATION    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  them 
with  his  hitention  to  embark  in  a  few  days  in 
order  to  assume  the  government  of  Neiv  Jersey. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  8,  I.  95.] 

Charles  Town  S*^  Carolina  March  24:"'  ITGO 
My  Lords 

In  Obedience  to  your  Lordshi})S  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  ;58  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]         ADMINISTRATION    OF    GOVP^RNOR    BERXARD.  2U) 


Letter  from  Governor  Bernard  to  Secretary  Pitt — e7i- 
closing  h/'s  address  to  flie  Coiincit  and  Assembly, 
togetlier  with  tlie  answer  of  the  Assembly. 

I  From  P.  R.  O.  America  and  West  Indies,  Vol.  75.  | 

Perth  Amboy  Mar  2('>  1  T<'>< » 
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  liis 
Majesty's  commands,  I  immediately  called  the  general 
Assembly  &  communicated  to  them  his  Majesty's 
pleasure.  Tliey  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  Pi'ovince  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  liis  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  Francis  Bernard, 
Esq!"  Captain  General  and  Governour  in 
chief  in  and  over  the  Province  of  New  Jer- 


320  ADMIN ISTKATION    OF   GOVERNOR   BERNARD.         [17(30 

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 

Gentleynen  of  the  House  of  Representatives 

I  am  honoured  with  his  Majesty's  Commands  to  the 
same  Purpose  with  those  which  I  comnmnicated  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  ?  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  iieretofore  formidable  Powei'  of  France, 


1700]         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  ov^^ned  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  Mf  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  Loids  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  1758,  which  is  to  be  paid  to  the  order  of  the 
Whole  Legislature.  It  will  therefore  be  proper,  either 
by  a  concuiTcnt  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. 

Oentlemen, 
I  shall  have  occasion  to  speak  to  you  again',  when 


'  When  he  transmitted  to  the  Assembly  his  final  address  he  said,  "  I  do  assui-e  you 
that  I  shall  leave  this  jsrovince  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 


222  ADMINISTRATION    OF   GOVERNOR    BERNARD.         [1760 

the  important  Business  I  now  commit  to  you.  has  had 
your  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. 

Era:  Bernard 


To  His  Excellency  Francis  Bernard,  Esqf  Cap- 
tain General  and  Governor  in  Chief  in  and 
over  his  Majesty's  Province  of  New  Jersey, 
and  Territories  thereon  depending  in 
America,  Chancellor  and  Vice  Admiral  in 
the  same  &c 
The  humble  address  of  the  House  of  Eepre- 

sentatives  of  said  Colony,  in  General  Assembly 

met. 

May  it  phase  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  clone  lasting  service  to  this  province  in  assisting  to  compose  the 
differences  that  still  prevail  in  it,  to  remove  the  tew  fears  and  jealousies,  if  any, 
that  now  remain,  to  rectify  the  little  errors  in  policy  which  have  inadvertently 
crept  into  the  aduiiiiistration,  and  above  all,  to  estabHsh  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  their  answer,  appear  to  have  been  aware  of  his  mei'its.  Say 
they:  "Your  Excellency's  leaving  this  government,  we  esteem  as  a  public  loss, 
having  in  our  minds  antici)iated  the  happiness  we  had  the  greatest  probability  of 
enjoying  under  your  administration.  Your  Icnowledge  in  the  profession  you  exer- 
cised antecedent  to  his  Majesty'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  fan  allusion  to  the  land  question,  mvolving  the  titles  and 
r'ights  of  the  Proprietors],  and  your  general  conduct  will  remain  gratefully  im- 
pressed on  the  minds  of  the  people,  who  will  ever  consider  themselves  in  a  manner 
interested  in  your  future  care  anil  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.— iVew  American 
Magazine,  published  at  Woodbridge.~ED. 


1760]         ADMIlSriSTRATION    OF    GOVERXOR    BERNARD.  333 

Excellency  our  hearty  Thanks  for  the  early  Advise 
you  gave  the  Memhers  of  the  General  Assembly,  of 
the  Necessity  of  their  meeting  on  a  Matter  very  im- 
portant to  the  Welfai-e  of  this  Colony,  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. 

Tlie  Steadiness  and  Wisdom  of  his  Majesty's  Coun- 
cils; the  Confidence  of  the  Nation  in  his  Ministers:  the 
Bravery  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  Honoural)le  M!'  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  C^redit  and  honour  ou]'  Regiment  hath 
justly  Obtained  in  the  Course  of  the  American  Wars. 


234  ADMINISTKATIOIS"   OF   GOVERNOR   BERNARD.         [1760 

We  shall  take  effectual  Care  to  authorize  proper 
persons  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  thankfully  receive  this  Bounty. 

By  order  of  the  House, 
March  22'!  17<l(».  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  Bitl  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  with  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]         ADMINISTRATION    OF    GOVERNOR    BERNARD.  235 

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  C^ommissaries,  whom  I  had  no 
reason  but  to  apjorove  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  proj^osed  that  if  they  would  add  a  clause  to 
appropriate  all  the  Money  that  had  been  or  should  be 
granted  them  by  Parliament  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  45,0()o  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  will  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  tlie  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  ADMIN ISTRA110N    OF   GOVEKNOR    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  ar]'ival  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  Documents,  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 


1760]         ADMllSriSTRATION    OF   GOVERNOR    BERXARD.  227 

Phillips  Lee  and  Mary  Trumbull  are  Heirs 
at  Law  of  the  said  Henry  the  last  Earl  of 
Stirling 

Shewefh 

That  His  late  Majesty  King  James  the  fu-st  by  Let- 
ters Patent  bearing  date  the  3  day  of  November  1<;21, 
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  -to  Degrees  to  4s  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  William  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  called  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  163<i  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  Stirling. 

That  the  said  William  Earl  of  Stirhng  died  in  the 
year  1640  and  was  succeeded  by  his  grandson  WiUiam, 
who  died  a  few  months  after  him,  and  the  said  last 
named  Eail  was  succeeded  by  his  Uncle  Henry,  who 


228  ADMINISTRA.TIO]Sr    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  English  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  Hemy  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  £7000  Stirling,  but  the 
same  not  being  paid,  he  did  not  convey  his  right  or 
title  to  the  Duke  of  York. 


1760]         ADMINISTRATION    OF    GOVERNOR    T5ERNARD.  22!) 

That  on  the  12"'  of  March  lOOf  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  166i  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  £70<  M)  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  £7<»(»o  to 
give  the  said  Earl  a  Pension  of  £3(»()  per  annum  out  of 
the  Revenues  arising  from  his  Province  of  New  York; 
but  tho:  frequent  application  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  api)rehend,  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  estate-i  uiiler 
Grants  from  His  Majesty  and  his  predecessors,  or  by 


230  ADMINISTEATIOJSr   OF    GOVERNOR   BERNARD.         [1760 

bona  fide  purchases  from  Grantees  under  the  Crown, 
who  have  regularly  paid  their  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  Pef^  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  Pef^  as  in  duty  bound 

shall  ever  Pray  &c 
Stirling 

W"  Phillips  Lee 
[June  1700]  Mary  Trumbull 


Representation  from  the  Lords  of  Trade  to  the  King 
respecting  the  Dispute  iDetween  Robert  Hunter 
Morris  and  Nathaniel  Jones  for  the  Office  of 
Chief  Justice  in  the  province  of  New  Jersey. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  16,  p.  293.] 

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  received  from  him,  rep- 
resented the  Difficulties  he  has  laboured  under,  and  the 


1760]         ADMIN'ISTRATION    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  Ri^ht  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  20"'  of  February  iT^T-s  had  been  appointed  Chief 
Justice  of  New  Jersey,  during  Your  Royal  Pleasfire 
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  dxriiig  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  175?).  And  after  re- 
siding here  considerable  tii.ae,  he,  by  his  Letters  to  us 
dated  the  31*.' of  March  175i,  ''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- 
pair'd  to  New  Jersey,  and  (as  M'  Bernard  informs  us) 
resumed  his  Seat  as  Chief  Justice  in  Novemb^  Term 
1750,  and  in  each  of  the  Tei-ms  in  March,  May  and  Aug- 
ust in  the  Ye.-ir  1757,  at  the  latter  end  of  which  he  re- 
turn'd to  England. 


232  ADMINISTKATIOK    OF    GOVERNOTl  BERNARD.         [1760 

Oil  the  IG"'  of  Febry  175Y,  your  Majesty  having  been 
pleased,  hi  Consequence  of  Our  humble  Representation, 
to  appoint  W."  A3rnsley  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 
MV  Aynesley  here,  nor  set  up  any  Claim  of  prior  Right 
in  the  province. 

Upon  his  Return  to  New  Jersey  however  in  Aug^' 
1T59  (at  which  time  there  was  no  person  on  the  Spot 
appointed  by  your  Majesty)  M""  Morris  signified  to 
Governor  Bernard  his  Intention  to  resume  Ofiice  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  contained  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.,  wbom  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  Lhe 
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]         ADMINISTRATIOiSr   OF   (iOVERNOR   BEllXARD,  2;3;3 

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  Eight  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  publick  Protest  on  Your  Majesty's 
Behalf,  as  appears  by  his  Letter  to  us  of  the  2S''  of 
March  last,  a  Copy  of  which,  together  with  an  Extract 
of  a  preceeding  Lettei-  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  your  Attorney 
Gen!,  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  "  17»;o  |  E^:  Elliot. 


;i3'i  ADMINISTRATION    OF   GOVERNOR   BOONE.  [1760 


Letter  from  Governor  Boone  to  the  Lords  of  Trade — 
informing  them  of  h  is  arrival  in  Neiv  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  ray  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  Burlington:  Nothing  my  Lords  of 
moment,  has  occurr'd  since  my  having  assumed  the 
administration,  but  I  thought  this  Notification  neces- 
sary, of  my  being  now  actually  on  the  Spot  to  Eeceive 
your  Lordships  Commands,  I  have  Honour  to  be  my 
Lords  with  the  utmost  Eespect 

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.  William  A.  Whitehead  in  his 
'■Contributions  to  the  Early  History  of  Perth  Amboy,"  p.  177,  says:  "  Tt  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  Crown— cue  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    UOONK.  235 


Letter  from  R.  H.  Morris  to  Governor  Boone,  setting 
forth  the  state  of  the  dispute  between  him  mid  Mr. 
Jones  for  the  office  of  Chief  Justice. 

[From  P.  R.  O.  B.  T..  New  Jersey,  Vol.  9,  K.  3.1 

Amboy  Aug'.'  10f!>  17()() 

To  His  Excellency  Gov^  Boone 

Sir 

W  Barnard  having  left  the  Province  without  in- 
forming you  of  the  Circnmstances,  under  which  the 
Office  of  Chief  Justice  is  at  present  held;  T  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  Cliief  Justice  of  this  Prov- 
ince, during  good  behaviour;  and  Continued  in  the 
Exercise  of  the  Office  till  174-0,  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  w^rote  to  the  Board  of  Trade, 


1759,  he  did  not  receive  his  Commission  until  about,  tlie  first  of  July,  1760,  and  did 
not  meet  the  Provincial  Assembly  until  the  thirtieth  of  October  following,  nearly  a 
year  after  the  date  of  his  appointment.  In  less  than  six  months  from  that  time, 
April  14th,  1701,  he  was  appointed  Governor  of  South  Carolina,  and  on  the  thirtieth 
of  October  of  the  same  year  was  superseded  by  Govei'nor  Hardy,  who  had  been 
appointed  his  successor.  Governor  Boone  seems  to  have  made  many  warm  friends 
during  his  brief  career  in  New  Jersey,  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  ('arolina  a  little  more  than  two 
years,  when,  having  been  i-emova  1,  he  repairel  to  England,  where  for  several 
years  he  held  the  office  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. 


230  ADMINISTRATION"    OF    GOVERNOR    BOONE.  [1760 

desiring  their  Lordships  "would  give  me  Leave  to  Re- 
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  Resignation,  Saying  the  Offices  were  not  incom- 
patihle,  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  four  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  fco  New  Jersey,  M"'  Ainsley  was 
Dead,  and  tho'  I  had  no  doubt  of  my  Right  to  Resume 
the  Bench,  Yet,  as  M''  Barnard  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,  /  was  quite  at 
Liberty  to  take  any  measures  I  thought  Proper,  And 
that  he  wish'cl  nothing  more  than  to  see  me  established 
upon  the  Bench. 

The  Character  of  M''  Jones  which  came  here  before 
him,  and  the  Absurdity,  to  say  no  worse,  of  his  be- 
haviour, after  his  Arrival,  greatly  alarmed  the  People 
of  all  Ranks;  And  Occasioned  the  strongest  Sollicita- 


1760]  ADMINISTRATION    OF    GOVERNOR    BOONE.  2')7 

tioiip  from  the  most  considerate  men  in  the  Province, 
That  I  would  insist  on  the  Tenure  of  my  Commission, 
and  Resume  the  Bench. 

Your  Excehency  will  b(^  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  he  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  troul)le  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  fall  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''  Barnai-d  with  my  intentions  who, 
in  Presence  of  M''  Ogden  and  W  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  liad  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,  whicli  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  Minutcvs  And  papers  of 
the  Board  of  Trade,  and  to  the  Records  of  this  and  tlie 
Neighbouring]  Provinces  of  New   York   and  Pensil- 


238  ADMINISTRATION    OF    GOVERNOR    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  wiU  find  me  ever 
ready  to  Concurr  in  every  measure  Conducive  to  those 
Salutary  Ends.  I  have  the  Honor  to  be  with  Great 
Eespect  Sir 

Your  Excellency's  Most  Obed*  and 

Most  Humble  Serv! 


To.  H.  E.  Gov!  Boone 


Letter  from   Gove?mor  Boone  to  the  Lords  of  Trade — 
trcmsmittiiuj  the  foregoing  letter  from  R.  H.  Morris. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9.  K.  2.] 

Peeth  Amboy  Sept  3'!  17G0 

My  Lords 

Since  I  had  the  honou]-  of  writing  to  your  Lordships 
the  l;^*^.''  of  July,  nothing  of  the  least  Consequence  has 
happened  in  this  Province. 

The  Papers  which  I  now  take  the  liberty  to  Enclose 


1760]  ADMINISTRATION    OF    GOVERNOR    BOONE.  230 

to  your  Lordshi|:)S,  have  l)een  transmitted  me  by  M'' 
Morris,  w^ho  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  perfect  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  fi'om  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''!''  Servant 

Tho.  Boone. 


Order  from   Secretary  Pitt   to  continue  tlie  use  of  the 
former  Seat  of  New  Jersey. 

[From  Book  AAA  of  Commissions,  in  the  Secretary  of  State's  Ofiioe  Trenton,  N.  J. 

fol.  345. 1 

George  R. 

Our  Will  &  Pleasure  is  and  We  do  hereby  Authorize 
and  Impower  you  to  make  Use  of  the  Pul)lick  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- 


240  ADMINISTKATION    OF    GOVERNOR   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  !^Oth  day  of  October  1760  in  the 
first  year  of  our  Reign. 

By  His  Majestys  Command. 

W.  Pitt. 
Superscribed. 

To  our  trusty  and  Well  beloved  Thomas  Boone  Esq. 
our  Captain  General  &  Governor  in  Cliief  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. 


Lettei'  from  Governor  Boone  to  Secretary  Pitt  in 
regard  to  the  imputed  iltegal  Trade  in  New 
Jersey. 

[From  P.  R.  O.,  America  and  "West  Indies,  Vol.  72.] 

Perth  Amboy  New  Jersey  Oct:  23''  1760 
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    IJOONE.  241 

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  Result  of  my  Enquiries  into  this  Iniquitous  Com- 
merce.    I  have  the  honour  to  be 

Sir  with  the  utmost  Eespect  &  Deference 
your  most  Obedient  &  most 

Humble  Servant 

Tho:  Boone. 


Represottatiiyn  from  the  Lords  of  Trade  to  the  King, 
indosiny  a  draft  of  a  proclamatio)i  for  prodaim 
iug  him  in  the  American,  Plantations. 

[From  P  R.  O.  B.  T.,  Plantatious  General,  Vol.  41,  page  3. J 

To  the  Kings  most  Excell*  Maj? 

3faij  it  2)1  ease  Your  Majesty, 

In  obedience  to  Your  Majesty's  Order  in  Council 
dated  the  27V'  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  filFd  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  Claudaloupe,  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. 
IG 


242  ADMINTSTEATION    OF   GOVERNOR    BOONE.  [1760 

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,  which  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 


Whereas  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  Imj^erial  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    GOVERNOIi    BOONE.  243 

all  Faitli  &  Constant  Obedience  with  all  lieai'ty  and 
humble  Affection,  Beseeching  God,  by  whom  Kings 
and  Queens  do  reign,  to  bless  the  Royal  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 
tvarrants  for  using  the  old  seals  luere  in  prepara- 
tion. 

[From  P.  R.  O.  B.  T.  Plantations  General,  Vol.  11,  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  take 
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  &,  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, 
17G()  October  25>"'  John  Pownall  Secry. 

N.  B.     A  like  Letter  was  sent  to  the  Governors  and 
Commanders  in  Chief  of  Nova  Scotia  N.  Hampshire 


244  ADMINISTRATION    OF    GOVERNOR    BOONE.  [1760 

Massachusets  New  York  Pensylvania  Maryland  Vir- 
ginia N?  Carolina  S?  Carolina  Georgia  &  to  y^  Gov'?  & 
Compf  of  Ehode  Island  Connecticut  and  to  the  Gov- 
ernors of  Barbados  Jamaica  Leew'  Islands  &  Guada- 
loupe  on  the  3 if  inst? 


Representation  from  the  Lords  of  Trade  to  the  King, 
ivith  draft  of  Instructions  to  the  Governors  in 
America  relating  to  the  alterations  in  the  jjrayers 
for  the  Royal  family. 

[From  P.  R.  O.,  B.  T.,  Plantations  General,  Vol.  41,  p.  25.] 

To  the  King's  most  Excell*  Majes*f 

May  it  please  Your  Majesty, 

In  Obedience  to  Your  Majesty's  Order  in  Council  of 
the  29"'  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  Eoyal  Family,  We 
herewith  humbly  lay  before  Your  Majesty  the  Draughts 
of  such  Instructions  as  We  conceive  proper  on  this 
Occasion  for  Your  Majesty's  Eoyal  Approbation. 
All  which  are  most  humbly  submitt? 

Dunk  Halifax. 
Andrew  Stone. 
W:  G:  Hamilton, 
1 760  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]  ADMINISTRATIOlSr   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*:"  of  October  17<)0  in  the  first  Year  of  our  Reign. 
Whereas  We  have  been  pleased  by  Our  Order  in 
Council  of  the  2T'.'  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  Roi/al  Highnesses 
George  Prince  of  Wales,  the  princess  Dowager  of 
Wales,  the  Diihe,  the  Princesses  and  all  the  Royal 
Family.)  there  should  be  inserted,  {Her  Royal  High- 
ness the  Princess  Dowager  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  WaJes,  the  Duke,  the 
Princesses  and  all  the  Royal  Fantily,  there  be  inserted 
Her  Royal  Highness  the  Princess  Dowager  of  Wales 
and  all  the  Roycd  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  Worsliii)  within  the  said  Province, 
and  that  you  take  Care  that  Obedience  be  paid  thereto 
accordingly. 

N.  B.  A  like  Instruction  was  sent  to  the  GoverT  of 
N.  Hampshire  Massachusets  Rhode  Island  Connt^cticut 
New  York  New  Jersey  Pensylvania  Maryland  Virginia 
N?  Carohna  S"  Carolina  Georgia  Bermuda  Bahamas 
Leew?  Islands  Barbados  Jamaica 


246  ADMINISTllATION    OF   GOVERNOE    BOONE.  [1760 


Warrant  to  David  Price  to  impress  vessels  to  trans- 
port  trooj^s  to  New  Jersey. 

[From  New  York  Colonial  MSS.,  Vol.  LXXXIX,  f.  29.] 

By ' 

To  all  whom  these  Presents  shall  come  or  may 
Concerne,  Greeting. 

Whereas  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  shall  be  sufficient  to 
carry  the  Troops  aforesaid  to  Amboy  or  other  parts  of 
New  Jersey,  paying  the  usual  Eates  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  aU  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  fu-st 
day  of  November  1760. 

'  Cadwallader  Golden  was  then  President  of  the  Council.— [B.  Fernow.J 


1760]  ADMINISTRATION   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,  Pa.sre  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  Nev^  Seals  for  His  Majestys  Plantations 
in  America,  according  to  such  directions  as  you  shall 
receive  from  Us,  We  do  hereby  require  you  according- 
ly, in  pi'eparing  the  said  draughts  for  the  several 
Plantations  undermention'd,  to  observe  the  following 
Directions, 

In  all  tlie  said  Draughts  you  are  to  follow  tliis  gen- 
eral Rule,  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, 

-;■:-  *  -K-  -.i  *  -X-  *  -;v  -;<- 

New  Jersey 

The   King's   Arms,  Garter,  Supporters,   Motto  and 

Crown  w^ith  this  inscription  round  the  same,  Sigilluni 

Provinciae  Nostrae  de  Nova  Caesarea  in  America;  and 

in  an  outw^ard  Circle  this  other  Inscription,  Georgius 

terti^is  Dei  Gratia  Magnce   BritannicB,   Francice,   et 

Hiberyiice  Bex,  Fidei  Defensor,  Brunsvici  et  f^unelmrgi 

Dux,   Sacri    Romaui   Imperii   Arch ithesaurar ins  et 

Elector. 

By  Order  of  the  Lords  Comm'f  for 

Trade  &  Pantations 

JoHx\  PowNALL  Secretary 
Whitehall  Deer  2'3  1700 


248  ADMINISTKATION    OF   GOVERNOR   BOOXE.  [17G0 


Letter  from  Governor  Boone  to  the  Lords  of  Trade — 
referring  to  the  amicable  proceedings  of  the  last 
Assembly. 

I  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 
Sup]3orted  for  two  years,  which  has  not  been  done  till 
now  since  the  year  17-19.  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. 


1701]  ADMINISTRATION    OF    GOVERNOK    BOONE.  249 


Letter  from  Governor  Boone  to  the  Secretary  of  the 
Lords  of  Trade  in  retation  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'!"  1761 

[Extract.] 
Sir 

•^  *  ^  -^  I  mean  that  this  should  he  Conveyed  to 
you  by  the  HaUfax  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  tlie  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  lias  been  Polite  Enough 
to  write  me  a  favourable  Answer,  but  at  the  Same 
has  referr'd  it  to  M''  Franklyn  who  is  the  verij  Person 
as  I  am  told,  tliat  cdtePd  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  Cotmtry,"  p.  267. — Ed. 

2  This  extract  from  the  Governor's  letter  was  referred  to  Henry  Potts,  Secretary 
to  the  Post  Master  General  on  April  ',>,  17G1.-  -Ed. 


350  ADMINISTRATION    OF    GOVERNOR   BOONE.  [1761 


Petition  of  Philip  Swartivout  and  others — Northern 
Boundary  Dispute. 

[From  New  York  Colouial  MSS.,  fol.  69.] 

To  the  Honourable  Cadwallader  Colden  Esqr 
president  of  his  majesty's  Councill  &  Com- 
mander in  chief  of  the  province  of  New 
York 

The  Petition  of  Phihp  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  province  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  and  his  family  which  woukl  inevitably 
have  ensued  on  a  Rigorous  Execution  of  the  writ  of 
Possession  in  the  said  Ejectment  and  being  unprovided 
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  wliich 


1761]  ADMINISTRATION    OF   GOVERNOR  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  tliat  your  petitioner  had  the  highest 
reason  to  hope  for  the  undisturbed  possession  of  his 
farm  until  a  final  Settlement  of  the  Controverted 
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,  sundry  pei'sons 
who  call  themselves  Inhabitants  of  New  Jersey  to  wit 
*  '"  *  Randell  Abraham  Johnson  Nathaniel  West- 
fall  and  Nicholas  Emmons  forcibly  seized  your  Peti- 
tioner being  then  on  his  fai-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  with  security  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  ADMINISTRATION"   OF   GOVERNOR   BOONE.  [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. 

CiTV  OP  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    Ivfil         3 
Before  me 

Wm.  Smith. 


This  Indenture  made  this  twelfth  day  of  September 
in  the  Thirty  third  year  of  the  Reign  of  King  George 
the  Second  Anno:  Dom:  1750  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  Swartwout  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  Swartwout  is  to  have  twelve  Skeaple'  sowing 

'  Schepel  is  Dutch  for  bushel.— [W.  N.] 


1761]  ADMIISriSTRATION    OF    GOVERNOR    BOONE.  253 

without  paying  any  rent  &  he  is  to  give  every  fourth 
Sheaf  of  one  half  he  dotli  I'aise  on  the  premisses 
and  every  third  8h_eaf  he  doth  raise  on  tlie  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  or  ; 

RiCH"^  Gardner 
Simon  Westfall 

(Endorsed:) 

To  the  Honourable  C^adwallader  Golden  EsqV  &C* 
&C''  The  Petition  of  Philij)  Swartwout  Complaining  of 
the  service  of  New  Jersey  process  within  this  province 
of  New  York  &  praying  releif.  l>  February  1701  Read 
in  Council 


Letter  from  President  Colden  of  New  York  to  Gov- 
ernor Boone  of  Neiv  Jersey — Northern  Boundary 
Dispute. 

[From  New  York  Colonial  MSS.,  fol.  71.] 

New  York  12"'  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  0"'  Instant  a  Copy  of  wliich  I  herewith 
send  Your  Excellency.  I  am  heartily  sorry  that  the 
civil  Officers  of  New  Jersey  by  a  fresh  Invasion  of  the 


254:  ADMIiflSTKATION    OF   GOVERNOR    BOONE.  [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  whicli  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  Rest  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  1759  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  was 
forcibly  divested  of  the  possesion  of  Lands  which  had 
been  held  under  the  Government  of  this  Province  for 


It61]  ADMINISTRATION    01'    GOVERNOR    BOONE.  255 

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,  w^as  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  AiDprehension.  However,  Sir,  whether  thro' 
the  Neglect  of  our  Officers  or  a  Sense  of  Guilt  which 
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  CV)urt  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, 
whose  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  ADMINISTRATION    OF   GOVERNOR    BOONE.  [1761 

suffer  me  to  overlook  so  notorious  a  Contempt  of  its 
Authority. 

It  is  presumed  and  doubtless  with  great  Eeason  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  proper  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  my  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  greatest  regard' 

S"- 


'  The  last  paragraph  is  in  the  handwriting  of  President  Cadwallader  Colden  him- 
self.-[B.  Fernow.J 


1761]  ADMHSriSTRATION    OF    GOVERNOR    BOONE.  257 


Order  of  Coiincil  dh^ecting  the  Lords  of  Trade  to  pre- 
pare warrants  for  continuing  Christopher  Coates 
and  Joseph  Warrell  in  their  offices  of  Secretary 
and  Attorneij  General  of  New  Jersey. 

[From  P.  R.  O.  B.  T.,  Vol.  9,  K.  ".] 

At  the  Court  at  St  James's  the  1 7''°  day  of 
Maech  1761. 

Present 
The  King's  Most  Excellent  Majesty  in  Council 

Upon  reading  this  day  at  the  Board  a  Representation 
from  the  Loi'ds  Commissioners  for  Trade  and  Planta- 
tions dated  the  11'''  of  this  Instant,  proposing  that 
Christopher  Coates  Esq''  Secretary  of  the  Province  of 
New  Jersey  and  Joseph  Warrell  Esq-  Attorney  General 
of  the  said  Province,  both  of  v^hom  His  late  Majesty  was 
pleased  to  appoint  to  those  offices,  may  be  continued 
in  their  said  offices  by  His  present  Majestys  Royal 
Appointment. — His  Majesty  in  Council  approving 
thereof  is  pleased  to  order,  as  it  is  hereby  Ordered,  that 
the  said  Christopher  Coates  and  Joseph  Warrell  Esql'^ 
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 


17 


258  ADMINISTRATION   OF   GOVERNOR   BOONE.  [1761 


Extract  from  a  letter  from  Rev.  David  Bostwick  to 
Rev.  Joseph  Bellamy — Death  of  Rev.  Samuel 
Davies,  fourth  President  of  the  College  of  New 
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  i,  1761,  at  the  early  age 
of  thirty-six.  Mr.  Bostwick  in  his  letter  to  Mr.  Bel- 
lamy, dated  at  New  York,  March  87,  1761,  says:] 

Mr  Davies  death  has  struck  us  with  astonishment, 
and  spread  a  gloom  over  the  whole  Country.  The 
loss  cannot  be  expressed.  I  believe  there  never  was  a 
College  happier  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'  lOOU,  is 
gone;  a  Second  is  in  the  press.  It  was  the  last  work 
of  a  pubhc  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  apiwoving  of  the  ^proposition  from 
the  Lords  of  Trade  proposing  that  Josiah  Hardy 
be  appointed  Governor  of  Neiv  Jersey. 

[From  P.  R.   O.  B.  T.  New  Jersey,  Vol.  9,  K.  6.] 

*---*  At  the  Court  at  Sf  James's  the  20: 

1  "^  '    i  DAY   OF   MARCH    1761 

Present 

The  King's  most  Excellent  Majesty  in  Council 

Upon  reading  this  day  at  the  Board  a  Representation 
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  ax)pointed  Captain  General  and  Governor 
in  Chief  of  his  Majestys  said  Province  of  New  Jersey 
in  the  room  of  the  said  Thomas  Boone  Esq!'  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  ADMIN^ISTRATION    OF   GOVERNOR    BOONE.  [1761 


Letter  from  Governor  Boone  to  the  Lords  of  Trade  in- 
forming them  as  to  what  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*>  ITGI 
My  Lords 

I  have  the  honour  to  Acquaint  you  that  last  night  I 
passed  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  was  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  declining  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  necessaiy  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  iu  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  our  Acts  passed  since  the  Demise  of  his  late 


1761]  ADMINISTRATION    OF    GOVERNOR    BOOXE.  261 

Majesty,  to  Continue  the  Assembly  for  Six  Months 
upon  such  an  Event,  &  to  render  the  Ordinance  for 
the  EstabHshment  of  Courts  durable,  unless  abolished 
by  proper  Authority.  Your  Lordships  will  I  hope  find 
this  Act  Carefully  drav^n,  you  are  too  well  Acquainted 
with  our  Debt  in  this  Province,  &  the  Manner  of  Rais- 
ing Money  for  the  Kings  Service,  for  me  to  dwell  on 
this  Subject  I  must  beg  your  Lordships  however  to 
Recollect,  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  Booue  to  Secretary  Pitt — reJatiwj 
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  s"'  iTfn 
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, 


362  ADMINISTRATION    OF    GOVERNOR    BOONE.  [1761 

but  their  Eegiment  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  with  them  in  ail  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  Covimission  for  Josiah 
Hardy,  Esq.,  to  be  Governor  of  Neiv  Jersey. 

[From  P.  R.  O..  America  and  West  Indies,  Vol.  103.J 

t^^\     At  the  Court  at  S?'  James's  the  14'':° 
t^J  DAY  OF  April  1761 

Present 

The  King's  most  Excellent  Majesty  in  Council 

Whereas  tlie  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  Esq}'  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]  ADMINISTKATION    OF    GOVERNOR    BOONE.  -^63 

advice  of  His  Privy  Council  to  approve  thereof,  and  to 
order,  as  it  is  liereby  ordered,  that  the  Right  Honour- 
able William  Pitt  Esq!"  one  of  His  Majestys  Principal 
Secretary s  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 
praijing  that  his  brother,  Governor  Boone,  be  al- 
toujed  to  visit  England  before  goi)/g  to  assume  the 
government  of  South  Carolina. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  lO.J 

A.PRIL  1(5"'  ITOJ 

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 


2CA  ADMINISTRATION    OF    GOVERNOR   BOONE.  [1761 

Representatio7i  to  his  Majesty  relating  to  the  dispute 
between  Mr.  Jones  and  Mr.  Morris  for  the  office  of 
Chief  Justice  in  the  Province  of  New  Jersey. 

(From  P.  R.  O.  B.  T  ,  New  Jersey,  Vol.  17,  page  34.] 

To  the  King's  most  Excellent  Majesty. 

May  it  please  your  Majesty, 

Having  in  Our  humble  representation  dated  the  17. 
of  June  last,  laid  before  His  late  Majesty  a  State  of 
the  claim  set  up  by  Robert  Hunter  Morris  EsqV  to 
resume  the  Office  of  chief  Justice  of  the  Province  of 
New  Jersey  (to  which  he  was  formerly  appointed)  in 
opposition  to  the  Right  of  Nathaniel  Jones  Esq-  whom 
His  late  Majesty  was  pleased  to  appoint  to  that  Office 
in  June  1759;  And  having  lately  received  from 
Thomas  Boone  Esq-  Commander  in  Chief  of  that 
Province,  a  Copy  of  a  Memorial  presented  to  him  by 
the  said  M^  Morris,  setting  forth  the  Grounds  on  which 
he  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  Majesty,  being  fully  informed  of 
the  whole  State  of  the  case,  may  be  graciously  pleased 
to  give  such  directions  as  shall  appear  expedient  and 
necessary,  for  bringing  to  a  proper  and  speedy  deter- 
mination, a  Matter,  which  is  productive  of  much  con- 
fusion in  the  Province,  great  Difficulty  to  your 
Majesty's  Governor,  and  great  hardship  to  the  said 
M'  Jones. 

Which  is  most  humbly  submitted 
Sandys  Andrew  Stone 

SoAME  Jenyns  Ed.  Bacon 

John  Yorke 

Whitehall  April  17.  1761 


1761]  ADMINISTllATION    OF   GOVERNOR   BOONE.  265 


Letter  from  Henry  Potts,  Secretari/  to  the  Post  Master 
General,  to  Secretary  PownaJJ,  inclosing  a  letter 
from  Benjamin  FranMin,  Joint  Deputy  Post 
Master  General  in  North  America,  relating  to  the 
Post  Routes  in  New  Jersey. 

[Fi-om  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K,  11.] 

General  Post  Office  Si)*?'  April  1Y61. 

John  Pownall  Esq"" 

Sir, 

Having  laid  your  Letter  of  the  0"'  Instant,  with  the 
Extract  inclosed  from  Thomas  Boone  Esq:  Governor 
of  New  Jersey,  hefore  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  M'.'  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. 

Cravensweet  April  i^;V'  J  761 
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, 


26G  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  Amboy  and  Bur- 
"Hngton  (the  Route  estabhshed  by  Act  of  ParHament) 
"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  othervdse,  &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  wader  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  Interruption 
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    GOA^ERNOR    BOONP:.  2('>7 

that  Province  was  open'd  Travellers  between  Philadel- 
phia &  New  York  began  gradually  to  abandon  the  old 
Eoad,  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  Burlington,  to  be  pass'd  in  travelling  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  Burlington  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  well  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  incumbeied  with  Ice  as  to  be 
impassable  for  many  Hours,  to  the  great  Delay  of  the 
Post  as  well  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  ADMINISTRATION    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'^Buiiington  &  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  Tirade,  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, 


17G1]  ADMINISTRATION    OF    (iOVEKNOK    nOONi:.  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,  thi'o'  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  Inconveaience  from  the 
Posts  continning  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  Racquet,  thro'  the  Posts  Omission  of 
"Burlington  ife  Amboy  in  their  Route."  His  Excel- 
ency  resides  at  Amboy,  &  the  Letters  for  him  which 
arrive  at  New  York  in  the  Racquet,  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,  whei'e  the  Governor's 
Letters  are  left,  aud  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  Racquet  stays  at 
New  York  at  least  2()  days,  and  During  that  time  the 
Post  passes  G  times  thro'  VYoodbridge  to  New  York, 
and  would  carry  forward  any  Letters  the  Governor 
should  lodge  at  Woodbridge  for  tliat  purpose.  And  if 
he  happens  to  l)e  at  Burlington  with  his  Assembly,  the 
Post  passes  equally  often  thro'  Bristol  (within  a  Mile 
&  half  of  him  only  just  cross  a  Ferry)  where  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. 


^70  ADMINISTRATION    OF    GOVERNOR   BOONE.  [1761 

M''  Barnard,  immediate  Predecessor  of  Governor 
Boone  tlio'  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  Burlington  The  Governors  of  New  Jersey 
have  sometimes  liv'd  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 
changed  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  resumed, 
occasion  great  Dissatisfaction  to  the  Governors  of 
Pensilvania,  New  York  &  New  England,  who  as  well 
as  the  Merchants  of  their  great  Trading  Towns  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  upon  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  Josiah  Hardy  to  be  Governor  of  New 

Jersey. 

[From  Book  AAA  of  Commissions,  in  Secretary  of  State's  Office,  Trenton,  fol.  349.1 

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 


1'761J  ADMlXrsTHATION    OF    OOVERNOR    HOOXE.  "iTl 

Whereas  oui'  late  Royal  (xrand  Father  of  Blessed 
Memojy  did  by  his  Letters  Patent  under  the  Great 
Seal  of  Great  Britain  Bearing  date  at  Westminster  the 
Foiirteentli  day  of  Jannary  in  the  Thirty  Third  year  of 
his  Eeigii  Constitute  and  A]i])oint  Thomas  Boone 
Esquire  to  be  Captain  Genei-al  &  (lovernor  in  Chief  in 
and  over  our  proviuce  of  JNova  Ceesarea  or  New  Jersey 
in  Am^^rica  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 Notr  kiioiv  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  And  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 
knowledge  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  Aud  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 
shall  be  made  and  Agreed  upon  by  you  with  the  Ad- 
vice and  Consent  of  our  Council  and  the  Assembly  of 


272  ADMIN ISTEATIOJSr    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 
tliat  given  to  Governor  Boone,  it  is  deemed  unneces- 
sary to  insert  it.     It  closes  as  foUov^s:] 

And  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  Ceesaf^ea  or  New  Jersey  together  with 
all  and  singular  the  Powers  and  Authorities  hereby 
Granted  unto  you  for  and  during  our  Will  &  Pleasure 
In  Wihiess  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. 

(  Great  Seal  |  By  Writ  of  Privy  Seal. 

I  Gt.  Britain,  j  YORKE     &    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,  with  Drafts  of  General  Instimctions,  and 
those  relating  to  Trade,  for  Josiah  Hardy,  Gover- 
nor of  New  Jersey,  May  (>,  1T<51. 

I  From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  17,  p.  30.] 

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- 


1701]  ADMINISTRATION    OF    GOVERNOR    BOONE.  373 

agement  and  regulation  of  Trade  and  Navigation,  for 
Josiah  Hardy  Esq!',  whooni  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  EsqJ  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  Ai'ticle,  for  the  Security  of  the 
Life,  limb  and  property  of  the  Subject;  the  30,  direct- 
ing proofs  to  be  sent  with  prisoners  to  this  Kingdom ; 
&  the  37'!'  for  restraining  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  purj^oses,  to  the  Govei-nor  of  this  and 
18 


274  ADMINISTEATIOISr   OF    GOVERNOR   BOOKE.  [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 


Instructious  to  Our  Trusty  &  Wellbeloved  Josiah 
Hardy  Esq'  Our  Captain  General  and  Governor  in 
chief  in  and  Over  Our  Province  of  Nova  Ca3sarea  or 
New  Jersey  in  America,  Given  at  Our  Court  at  S* 
James's  the  Thii^tyeth  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''  Autill,  James  Hude, 
Andrew  Johnston,  Peter  Kimbold,  Richard  Saltar, 
David  Ogden,  Lewis  Ashfield,  Samuel  Woodruffe  Esq'-' 
Wilham  Alexander  Esq'  claiming  to  be  Earl  of  Stir- 
ling, Charles  Read,  &  John  Smith  Esq"^^" 

*  *  *  -;f  v!-  *  *  *  * 

2i^  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]  ADMINISTRATION    OF   GOVERNOR    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'iini*  whereby  Bills  of  Credit 
may  be  struck  or  issued  in  Hen  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  further  Will  &  Pleasure 
that  you  do  not  give  your  assent  to  or  pass  any  Act 
in  Our  said  Province  of  New  Jersey,  under  your  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  likewise  inserted 
in  such  Act,  declaring  that  the  same  shall  not  take 
effect  until  the  said  Act  shall  have  been  approved  and 
confirmed  by  Us  Our  Heirs  or  Successors. 

*  *  *  -;<-  vr  -s  *  *  * 

27"'  Vou  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  and 
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  generality  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  Manufactures  and  carrying  on  any  Trades 
which  are  hurtfull  and  prejudicial  to  this  Kingdom, 
and  that  you  do  use  your  utmost  endeavors  to  dis- 


276  ADMIJSriSTKATION    OF    GOVERNOR   BOONE.  [1761 

courage  discountenance  &  restrain  any  attempt  which 
may  be  made  to  set  up  such  Manufactures  or  EstabHsh 
any  such  Trade. 

*  -X-  *  *  *  *  -X-  -Sf  * 

[Sections  35,  36  and  37  of  the  instructions  to  Gov- 
ernor Bernard  are  omitted  in  the  instructions  to  Gov- 
ernor Hardy.] 

*  *  -X-  -X-  *  *  *  *  * 

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  pro})er  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, v^ith  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  Rents  to  Us,  Our  Heirs  and  Successors. 


176J]  ADMINISTRATION'   OF   GOVERNOR   BOONE.  377 


Letter  from  Capt.  William  Skinner  to  his  brother, 
Cortlandt  Skinner,  at  Perth  Amhoy — giving  an 
Account  of  the  Assault  and  landing  upon  the  is- 
land, of  Belle  Isle  on  the  Coast  of  France,  by  the 
English  Forces  under  Generals  Hodgson,  Craw- 
ford and  Rufane,  and  Commodore  Keppell. 

[From  the  Whitehead  Manuscripts.] 

Belle  Isle  y^^  24^''  May,  1701. 
Dear  Cortlandt 

I  think  in  my  last  lettei's  to  you,  I  acquainted  you 
that  I  was  going  upon  an  Ex])eclition  to  the  East  Indies, 
but  was  agreeably  Surprised  when  we  Anchored  in 
Belle  Isle  Eoad.  Our  Army  consisted  of  about  !>000 
men,  mariners  inchided  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  4o0  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  om^  landing  good.  Despatches  were 
immediately  sent  home  with  an  account  of  our  bad 
success,  but  before  we  got  an  answer  to  tliat  Express, 
we  made  another  attempt  on  the  2l^'"  of  April  and 
made  good  our  landing  with  the  loss  of  about  ;)00  men, 
and  -100  of  the  Enemy.  Our  principal  attack  was  in- 
tended to  be  made  at  Fort  Andrew  with  the  (Uioice  of 
our  troops,  under  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(M)  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 


378  ADiMINISTRATION    OF    GOVERNOR    BOONE.  [1761 

honor  to  give  me  the  Command  of  the  first  division 
that  landed,  in  which  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  obliged  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  fine  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  tlie  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.  270 


Letter  from  Governor  Boone  to  the  Lords  of  Trade, 
transmittmg  tivo  public  and  two  jwivate  acts  of 
the  New  Jersey  Assembly — had  declined  issuing 
netv  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  S"'  of  April  I  Gave 
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  Iri'eproach- 
able;  I  declined  however  doing  anything  in  these 
matters  till  they  were  on  tlie  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. 


280  ADMINISTRATION    OF   GOVERNOR   BOONE.  [1761 


Commission  of  Josiah  Hardy  to  he  Vice-Admiral  of 
New  Jersey. 

[From  Book  AAA  of  Commissions,  Secretary  of  State's  Oflflce,  Trenton,  fol.  355.] 

George  the  Third  by  the  Grace  of  God  of  Great 
Britam  France  and  Ireland  King  Defender  of  the 
Faith  &c.  To  our  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.  our  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  adjoining  whatsoever  with  power  of 
Taking  and  Receiving  all  and  every  the  Fees  profits 
Advantages  Emoluments  Comodities  and  Appurte- 
nances v/hatsoever  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.  And  v/e  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]  ADMINISTRATION"    OF   GOVERNOR   BOONE.  281 

Waters,  Eivers,  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  jjroceed  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  Jui'isdiction  aforesaid,  together 
with  all  and  singular  their  Incidents,  Emergencies, 
Dependencies  annexed  or  Connexed  Causes  whatsoever 
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  li)^>.  It  con- 
cludes as  follows:] 

•  Given  at  London  in  the  High  Court  of  our  Admiralty 


282  ADMINISTRATIOlSr   OF   GOVERNOR  BOOKE.  [1761 

of  England  aforesaid  under  the  Great  Seal  thereof,  the 
Thhteenth  day  of  June  in  the  year  of  our  Lord  One 
Thousand  Seven  Hundred  &  Sixty  One,  and  of  our 
Reign  the  First. 

%■      '       * 

GoDF.  Lee  Farrant 

-<    Admiralty    )-  -r-.        •    j_ 

j  (  Register. 

(  of  England.   \  ^ 


The  above  Commission  of  Vice  Admiralty  v^as  Pub- 
lished at  Perth  Amboy,  the  2l»th  day  of  October  1761, 
And  at  Burhngton  in  said  Province  the  31st  day  of  the 
same  Month. 


Representation  of  the  Lords  of  Trade  to  the  King  with 
the  names  of  siich  persons  as  were  thought  proper 
to  be  inserted  in  the  Commissions  for  tryiyig 
pirates. 

[From  P.  R.  O.  B.  T.,  Plantations  General,  Vol.  41,  page  73.] 

June  16'"  1Y61 
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  v^hich 
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  eacli  Com- 
mission. 

Commissioners  for  New  York,  New  Jersey,  Penn- 
sylvania &  Connecticut. 


1761]  ADMINISTHATION    OF    GOVERNOR    BOONE.  283 

Robert  Monckton  Esq-  Captain  General  &  Governor 
in  Chief  of  Yonr  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  xldmiralty 
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  C^onnecticut  for  the 
time  being. 

Cadwallader  Colden  Archibald  Kennedy,  Daniel 
Horsmandeu,  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,  dui'ing  their  being  of  Your 
Majesty's  said  Council,  and  the  Llembers  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, 


28-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 
the  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]  ADMINISTKATION    0¥    GOVERNOR    BOONE.  ^85 


Order  in  Council  approving  the  Draft  of  Instructions 
for  Josiah  Hardy,  Governor  of  New  Jersey. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  105.] 

p''*i     At  the  Court  at  87  James's  the  25™ 
\ ""  ^'^  \  June  1761 

Present 

To  THE  Kings  Most  Excellent  Majesty  in 
Council. 

Upon  I'eadiug  at  the  Board  a  Report  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? — "//?  06eJ/e^/ce  to  an  Order  in 
Council  of  the  Ki'"  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  Pai'liament  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  i^(»'."  of  March 
last,  for  Josiah  Hardy  Esq''  whom  Your  Majesty  has 
been  pleased  to  appoint  Cai)tain  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  Aiticle  of  the 
present  Draught  of  General  Instructions  they  have  in- 


286  ADMINISTKATION    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  27V'  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  85V'  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  oTV  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  Loi'ds  of  the  Committee  upon 
mature  Consideration  of  the  said  Draughts  of  Instruc 
tions,  and  of  all  the  aforementioned  Alterations  and 
Additions  are  of  Opinion,  that  the  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  tlie  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  alteied. 


1761]  ADMINISTRATION    OF    GOVERNOR    BOONE.  287 

and  to  oi'der,  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,  compliment Iny  h is  adniinist ration,  etc. 

[From  P.  R.  O.  New  Jersey,  B.  T.  Vol.  2.5.J 

Burlington,  July  7,  1701 

May  it  please  Your  Excel! ency. 

We,  His  Majestys  Dutiful  and  Loyal  Subjects,  tlie 
Representatives  of  New  Jersey,  in  General  Assembly 
Convened  without  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 
Ext  ream  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  Defticiencies;  We 
Entered  into  the  Service  with  the  View  of  giving  our 
best  Assistance,  and  with  hopes  of  future  Secui'ity,  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  ADMINISTRATION    OF   GOVERNOR    BOONE.  [1761 

with    Chearfulness,    and  the  Occasion  Retained  with 
grateful  Adniii-ation, 

If  Common  Report  may  be  Credited,  this  is  hkely  to 
be  the  last  Address  to  your  Excellency;  unsolicited  by 
any  Applications,  It  may,  we  presume,  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  unsuUied,  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. 


Ansiver  of  Governor  Boone  to  the  foregoing  address. 

[From  P.  R.  O.  New  Jersey,  B.  T.  Vol.  25.] 

Burlington  July  7,  1761 

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  discharged 
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    C40VEKN0R    BOONE.  ^89 


Crown  Rules  and  Iiisii-xciious  to  be  observed  by  the 
Receivers  General  of  the  several  coloiues  iu  Amer- 
ica. 

[From  P.  R.  O.  B.  T.  Plantations  General,  No.  15,  Q.  IT.J 

Treasury  CHAMBp]Ry  24"'  July  lTr)l 
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 

8ir  Your  very  humble  Servant 
Sam"-  Martin 
(Enclosure  Indorsed) 

Auditor  Generals  Me moricd praying  the  aune.red  i)i- 
structio  may  be  siyn'd  by  His  Majesty  d-  by  their 
Lordships  and  made  fi.ved  and  standincj  instructions 

Read  17"'  Jnly  1701  referred  to  y'   Board  of  Trade. 

To  The  Right  Hon''!''  The  Lords  Cominission- 
ers  of  his  Majestys  Treasury 

May  it  please  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  ADMIKISTRATIOJSr    OF    GOVERNOR   BOONE.  [1761 

and  improvement  of  his  Majesty s  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  Majesty s  revenues,  those  marked 
No  1,  are  instructions  that  upon  an  application  fi-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]  ADMINISTRATIOK    OF    C40VEEN0R    BOONE.  291 

(No  1)  Orders  rules  &  instructions  which  our 
pleasure  is  shall  be  observed  by  the  Eeceiver 
General  for  the  time  being  of  our  Casual 
Eevenues  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  Revenues  cannot  in  all  cases  be  de- 
scribed by  particular  denominations  yet  we  order  & 
direct  that  all  moneys  revenues  or  effects  under  the 
following  denominations  shall  be  esteemed  &  taken 
as  our  Casual  Revenues  and  received  and  accounted 
for  by  our  Receiver  General  tliereof  for  the  time  being 
&  by  no  other  person  or  persons  whatsoever,  that  is  to 
say,  all  fSnes  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  impoi'tations,  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  ADMINISTRATION    OF    GOVERNOR   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  Revenues  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  Receivers  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  hereby  authorized  &  required  to 
employ  such  Sollicitor  as  shall  be  ai^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 


176  L]  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  liehaviour  of  the  officers  concerned  in  the  man- 
agement of  our  said  Revenue. 

Fifthly  Our  said  Receiver  is  hereby  directed  &  im- 
powered  to  allovv^  and  pay  reasonable  fees  to  any  the 
Officers  who  are  or  shall  be  aiding  &;  assisting,  or  by 
whose  means  any  of  our  said  Casual  Revenues  shall  be 
recovered  and  paid  to  him,  &  the  same  shall  be  allowed 
in  his  account  by  our  Auditor  of  the  Plantations  or 
his  Dej)uty  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  enter'd  in  our  said 
Auditor  or  his  Deputy's  Office,  and  to  be  hung  up  and 
affixed  in  such  pubhck  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  p  Cent 
upon  and  out  of  all  clear  moneys  after  all  costs  and 
charges  deducted,  that  shall  come  and  be  paid  into  the 
hands  of  our  said  Receiver  by  means  of  such  dis- 
coverys,  and  we  do  hereby  direct  that  tlie  same  be 
allowed  by  our  said  Auditor  or  his  Deputy  in  the  said 
Receivers  ticcounts  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  probabihty  of  our  being  advantaged  by  the  dis- 
coverys made  befoi'e  we  are  engaged  in  any  (^x])ence  or 
vexatious  suits  about  the  same. 


394  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  Ee venue  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. 

Eightlily.  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  Michaelmas  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 


1761]  ADMINISTRATION    OF    GOVEUNOK    BOONE.  295 

instructions  be  entered  in  all  Courts  Offices  and 
places  in  our  said  Island  where  or  before  whom  any 
our  Eevenues  hereby  meant  to  be  taken  in  charge  by 
our  said  Receiver  sliall  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.  Criven 
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  Publick  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. 

3f!  You  are  every  six  months  or  oftener  to  call  upon 
the  proper  Officers  of  the  Courts  of  Justice  for  exact 


^96  ADMINISTRATION    OF    GOVERNOR    BOONE.  [1761 

Dockets  of  all  ffines  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  Cold  or  Silver  rated  ac- 
cording to  the  6"'  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. 

(>'!'  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, 

7'.'  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  due, 
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]  ADMIN'ISTllATION    OF    (lOVERNOK    BOONE.  297 

s!!'  Where  no  distress  is  to  be  found,  and  the  Tenant 
in  Arrear  lives  out  of  tlie  Province,  the  Lands  them- 
selves, or  any  other  Effects  within  the  Province,  are 
Hable  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  way  of 
debt. 

91''  Whereas  for  want  of  a  Court  of  Exchequer  in 
North  Carolina,  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  Eft'ects  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,  Amercicunenis, 
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  condennied  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*1'  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]  ADMINTISTRATION    OF    GOVERNOR    BOONE.  299 

13':''  These  Orders,  Rules  and  Instructions,  together 
with  such  other  Instractions  as  may  heretofore  or 
hereafter  be  given  for  the  Service  of  the  Revenue  to 
be  entered  in  All  Courts,  Offices  and  Places  in  tlie  said 
province,  where  or  before  whom  any  of  his  Majest3^'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  Goreruor  Boone  to  the  Lords  of  Trade, 
informing  them  that  an  Act  had  t)een  passed  for 
continui7ig  a  ]jart  of  the  New  Jersey  Regimodi 
a7id  that  he  had  suspended  Mr.  Antill,  one  of  the 
Council. 

[From  P.  R.  O.  B.*T.  New  Jersey,  Vol.  9,  K,  IC] 

P.  Amboy  July  !>8^"  17G1 

Ml/  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  abeent;  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^:'  V'  ITOl!  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  hable:  I  have  great  Reason  to  be 


300  ADMINISTRATION    OF    GOVERNOR    BOONE.  [1761 

Satisfied  both  with  the  Eeadiness  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  1  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  hurtfuU.  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"'  1761. 


Letter  from  Governor  Boone  to  the  Lords  of  Trade — 
giving  a7i  account  of  the  seizure  and  condemnation 
of  a  vessel  and  cargo  engaged  in  illicit  trade. 

[From  P.  R.  O.  B.  T.,  Now  Jersey,  Vol.  9,  K.  17.] 

Perth  Amboy  New  Jersey  Aug'^  30"'  lT<il 

My  Lords 

I  have  deferred  making  your  Lordships  acquainted 
with  my  Proceeding  against  a  vessel  concerned  in  an 
Illegal  trade,  till  the  trial  in  the  Court  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]  ADMINISTllATIOISr    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  j^leasure  to  have  Succeeded  in 
making  so  pubhck  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  innnediately  for  IIan}burgh  with  a  load  of 
Sugar  by  a  certificate  from  this  Port  of  Perth  Amboy, 
her  owner  Ensured  at  New  York  her  retui'u  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  xlttorney  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 


303  ADMINISTRATION"    OF    GOVERNOR   BOONE.  [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^^*'  Servant 

Tho:  Boone. 

P.  S.  I  beg  leave  to  Acquaint  your  Lordships  that 
the  Kings  Third,  for  which  I  have  presumed  to  Solhcit 
your  Lordships  interjDosition  in  my  Behalf,  will  scarce 
Amount  to  above  Six  Hundred  Pounds. 


Representation  from  tlte  Lords  of  Trade  to  the  King, 
witJi  a,  draft  of  Instructions  to  Governors  of  the 
Colonies,  relative  to  the  alteration  in  ttie  prayers 
for  the  Royal  Family. 

[From  P.  R.  O.,  B.  T.,  Plantations  General,  Vol.  41,  p.  132.] 

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 
Listructions  proper  to  be  sent  to  the  Governors  of 
Your  Majesty's  Plantations  in  America  for  an  Altera- 


17G1]  ADMINISTRATION    OF    GOVERNOR    BOONE.  303 

tioii  in  the  Prayers  for  the  Royal  Family,  We  here- 
with hunihly  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'  10:  17<*>1  John  Yorke 


Instruction  to  Oiir  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 17(31  in  the Year  of 

Our  Reign. 

Whereas  we  have  been  pleased  by  Our  Order  in 
Council  of  the  1 1*. '  Day  of  Sept!'  instant,  to  declare  Our 
Pleasui'e,  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 


1  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  ADMiNTSTEATION    OF   GOVERNOR   BOONE.  [1701 

Your  Government  the  same  Form  and  Order  of  Words 
be  used  as  follows  viz?  Our  Gracious  Queen  Charlotte 
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  and  othei* 
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 
— CoiKjratidatioits  on  the  Khufs  iuteucled  marriage. 

I  From  P.  R.  O.  America  and  West  Indie'-  Vol.  73.1 

P.  Amboy  N.  Jersey  Sept  21'.'  17<il. 

Sir 

I  have  this  day  the  Honour  of  Receiving  your  Noti- 
fication of  liis  Majesty's  Resolution  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  Respect 
Sir  Your  most  Obedient 

&  most  Humble  Servant 

Tho:  Boone. 


1701]  ADMINISTRATION    OF    GOVERNOR    BOONE.  305 


Letter  from  Governor  Boone  to  the  Lords  of  Trade, 
inform  imj  fJtem  tliat  he  had  received  leave  of  ab- 
sence before  jy^'oc^'eding  to  South  Carolina  hut 
luoidd  not  avail  himself  of  it  at  present. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9.  K.  19.J 

N.  York  Nov''  i^-t^"  ITC.l 
Original  Oct.  20^?'  from  The  Jerseys 

My  Lords 

I  have  the  honour  to  Acquaint  your  Lordships  that 
though  it  is  tvk^o  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  doubtfull  Situation  of  S°  C*arolina  to 
which  the  King  has  been  most  graciously  pleased  to 
promote  me,  have  Prompted  me  Entirely  to  wave 
making  use  of  his  Majesty s  Permission  to  go  to  Euroi)e 
however  detrimental  this  resolution  may  be  to  my  pri- 
vate affairs:  My  Zeal  for  his  Majesty's  Service  v^ill 
not,  I  hope  be  unacceptable  to  your  Lordships  &  I 
])resume  to  promise  myself  youi*  favourable  Interposi- 
tion, if  hereafter  in  less  troublesome  times  my  health 
or  private  Business  should  render  a  second  appliccitioo 
for  his  Majesty's  Indulgence  Necessary 

I  have  the  Honour  to  be  with  the  gi'eatest  Eespec;t, 
My  Lords 

Your  Lordships  most  Obedient 

&  most  Humble  Servant 

Tho:  Boune. 

The  L'l'  Commissioners  for  Trade  &" 


20 


306  ADMINISTRATION    OF   GOVERNOR    BOONE.  [1761 


Letter  from  Secretary  Pownall  to  James  West,  Secre- 
tary  to  the  Lords  Commissioner'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'  13:  1761 

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  upoii  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  incumbent  upon  them  in  Justice  to  M':  Boone, 
to  give  it  as  their  Opinion,  that  his  relinquishing  his  own 
Share  of  the  foj'feiture,  in  order  to  induce  a  greater 
facility  in  the  Condemnation  of  the  Vessel  and  Cargo, 

1  See  ante,  page  300.— Ed. 


1761]  ADMINISTRATION    Oi''   G0VI:R0R    BONONE.  307 

is  such  an  Example  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  8ir 

Your  most  Obed?  hum^''  Servant 

John  Pownall 


'  Nothing  has  been  discovered  in  the  matter  of  legislation  during  Gov.  Boone's 
brief  authoritj-  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,  17G1,  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  unexisected,  yet  permit  us  to  remark,  that  as  we  asked  nothing 
of  you  unbecoming  his  P.Iajesty's  representative  to  grant,  yon  have  refused  us 
nothing  we  have  asked.  If  it  is  honorable  to  disthiguish  an  administration,  not 
only  unsullied  but  publicly  kind  and  benevolent,  such  an  administration  as  yom-s 
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  ho|  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  tlie  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  ( 'arolina  until  December  3,  entering  upon  his  duties  as  Governor  of 
that  Colony  early  in  January,  1763.  He  left  there  in  May,  17G4,  being  recalled  in 
consequence  of  diiTerences  with  the  Assembly.— i\^.  Y.  Mercury,  June  18th,  1764. 
After  his  return  to  England,  Mr.  Boone  received  an  appointment  as  a  Commis- 
sioner of  the  Customs,  which  he  held  for  several  years.  He  resigned  it  in  Septem  - 
ber,  180.5,  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  Mrs.  Ponnereau 
of  South  Carolina,  who  died  at  his  residence  in  Kent  in  April,  IBia.  The  time  of 
his  own  death  has  not  been  ascertained.  See  Hampton's  Hist.  Aut.,  p.  8;  Gates 
Papers,  N.  Y.  Hist.  S  )C.  L\hra.vy.—Contrihufioiis  to  the  Early  Histri/of  Perth  Am- 
boy, p.  17G. 


308  ADMINISTRATION    OF    GOVERNOR   HARDY.  [1761 


Order  of  the  King  in  Council,  approving  of  a  i-epre- 
sentation  of  the  Lords  of  Trade  relative  to  the 
passing  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  Sf  James's  the   23f  day  of 
November  1761. 

f^-^*,  Present 

\  '    j     The  Kings  most  ExceUent  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  2r.'  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  ll!'  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  Govei'nor,  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] 
River,  and  in  the  Country  adjacent  to  Lake  George  " 

u^my  rp|_^g  Proposition  made  to  the  Lieutenant  Gov- 
ernor by  the  C-ouncil  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  humbi}'  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  and  Injustice  with  which  they  had 
been  treated  with  res])ect  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,  and  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  faithfull  Friends  " 

"  That  their  steady  and  intrepid  Conduct  upon  the 
Expedition  under  General  Amherst  for  the  Eeduction 
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  Biitish  Empire  in 
America,  but  enable  Your  Majesty  to  renew  those 
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. " 


1763]  ADMINISTRATION    OF   GOVERNOR   HARDY.  311 

''  That  under  these  Circumstances  and  in  this  Scitua- 
tion,  the  granting  Lands  hitherto  unsettled,  and  estab- 
Kshing  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  Greorge,  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  who  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 


312  ADMINIStRATION    Ot'   GOVERNOR   HARDY.  [1761 

General,  by  a  ijursuit  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  making  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  su  bmit 
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 
Sollicitor  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  explicit,  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, 


17G1]  ADMINISTRATION    OF    GOVERNOR    HARDY.  313 

under  the  Influence  of  the  Crown,  upon  Points  of  the 
greatest  Importance  to  the  Constitution,  and  the 
Liberty  and  Rights  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  ui)on  them,  as  not  only  rendered  them  less 
liable  to  be  cori'upted,  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  ill  the  American  Colonies,  where,  as  there  is  no 
certain  established  Allowance  that  may  encourage 
Men  of  Learning  and  Ability  to  undertake  such  Offices, 
Your  Majesty s  Governors  are  frequently  obliged  to 
appoint  such  as  ofi'er  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  EstabHshment  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  Suppoi't, 
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 
Policy,  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  Commissioners  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  urges  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  with  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]  ADMINISTKATION    OP    GOVERNOR    HARDY.  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  C-olony  of  New  York  but  in 
all  other  Your  Majestys  Islands  and  Colonies  in 
America;  And  therefore  that  Your  Majesty  may  be 
graciously  iileased  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  Pul)lick  Service,  Prevented  for  the 
future  " 

His  Majesty  taking  the  said  Report  into  Considera- 
tion w^as  pleased  with  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  Com- 
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 


ADMIJSflSTKATION    OF   GOVERNOK   HARDY. 


[1761 


Letter  from  Governor  Hardy,  of  New  Jersey,  to  the 
Lords  of  Trade,  informing  them  of  his  arrival  in 
the  Provifice — asks  to  have  the  suspension  of  Ed- 
ward Antill  confirmed. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  30,] 

Pp]RTH  Amboy  Nov':  23^  1761 

The  R*  hon''.'*'  The   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  C^ity  &  two  days  after  at  Burling- 
ton in  the  usual  form,  on  my  return  from  thence  to 
this  City  I  summoned  a  meeting  of  the  Council  and  by 
their  advice  have  issued  a  new  Commission  of  the 
Peace  &  for  the  C^ourts  of  Pleas  in  each  County;  this 


was  a  brother  of 
Sir  Charles  Hardy 
at  one  time  Gov- 
ernor of  New  York. 
Very  little  informa 
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  Nero  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  way  to  Perth  Amboy,  being  received  on 
his  landing  by  Governor  Boone,  Lord  Stirling,  who  had  been  a  fellow  passenger, 
the  members  of  the  Council,  and  some  of  the  chief  gentlemen  and  magistrates  of 
the  Borough  of  Elizabethtown,  and  the  ti-oops  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 


17GJ]  ADMINISTRATION    OF   GOVERISrOR   HARDY.  317 

i:)roceeding  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  Gentlemen  who  re- 
side in  the  different  Parts  of  the  Province.  I  have  also 
by  advice  of  his  Majesty s  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 
C*ouncil  &  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  Pi'ovince  could  suffer,  I  judged  it  proper 
to  prorogue  them  to  the  ot>*!'  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  whicii  had 
not  entered  into  previous  jorogrammos,  and  proceeding  to  tlie  court  house  and 
proclaimed  the  Governor's  commission.  The  nest  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  Trustees  of  the  College  of  New  Jersey,  September  29, 
\7G->:  "  Gentlemen,  I  heartily  thank  you  for  your  address.  It  will  be  at  all  times  a 
particular  satisfaction  to  me  to  give  you  every  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.— Con*ri6w«/ons  to  the  Early  History  of  Perth 
Amboy,  p.  183.— Ed. 


318  ADMIXISTKATION    OF   GOVEllNOll   HAKDY.  [1761 

ernor  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  nor  assign  any  reason  why  he  does  not, 
I  therefore  hope  your  Lordships  will  ])lease  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 
Vacanc}^ 

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  Tn  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  Eoyal  Mine  or  Mines'  may  be  Discovered  in 


»  "A  twelfth  brancli  of  the  Koyal  revenue,  the  right  to  mines,  has  its  original 
from  the  king's  prerogative  of  coinage,  in  order  to  supply  him  with  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  Blackstone,  viii.,  12.  In  1723  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  SufHcient  to 
carry  Royal  Mines,  the  property  whereof  Still  Remains  in  the  Cro^vu."— iV.  J. 
Archives,  V.,  74.  From  an  early  date,  there  had  been  rimiors  of  silver  and  gold 
mines  in  New  Jersey.  — 76.,  64,  129. — [W.  N.] 


1761]  ADMINISTRATION    OF   GOVERNOR    HARDY.  319 

the  Provinces  of  New  York  Connecticut  or  New  Jersey 
in  America  And  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  Trade  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  Liuiitations  and  reservations  as 
the  Crown  will  be  favourably  Pleased  to  Grant  the 
same  and  also  that  they  the  said  John  Stearndall 
Charles  Scot  Thomas  Cryer  George  Trade  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  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  Cbarles  Scot  Thomas 
Cryer  George  Trade  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  C/harges  &  Expences  whatsoever  as  shall 
accrue  either  in  searching  for  such  Royal  Mine  or 
Mines  or  in  working  the  same  when  Discovei-ed  and 
also  that  they  the  said  John  Stearndal  Charles  Scot 


320  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1761 

Thomas  Ciyer  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  singular  the  Covenants 
conditions  Kestrictions  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  hereunto  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'  Sebastian  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]  ADMINISTRATION    OF    GOVERNOll   HARDY.  331 

his  use  or  in  wliicli  he  is  already  Interested'  should  be 
within  the  Intent  &  meaning  of  the  Preceeding 
Articles. 

Richard  Morris 
John  Crawley 

[Endorsed:]  Co]:)y  Articles  between  Stearndal,  Scot, 
Traile,  Ciyer  &  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  ivith  the  Indians,  and  the  Ten- 
ure of  Cormnissions  granted  to  Judges  and  other 
officers. 

[From  New  York  t'olouial  Documents,  Vol.  VII.,  p.  477.] 

Whitehall  Dec:  2.  1701. 

To  the  King's  most  Excellent  ]\Iajesty 

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  Hornblower 
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.  29.— LW.  N.] 


323  ADMIISriSTKATION    OF   GOVERNOR   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, 
vi^hich  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  Royal 
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  Carolina  and  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  j)ass'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 
Royal  Predecessoi's  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  oi'  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  Courts  of  Judicature  shall 
be  regulated  or  ascertained  in  any  manner  whatever 
And  you  are  to  take  particular  care  in  all  Commissions 
to  be  by  >ou  granted  to  the  said  CUiief  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.' 


'  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  Crown.  The  second  principle  referred  to  in  tliia  docimient— 
the  independence  of  the  judiciarj-— 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  b.y  Parlia- 
ment (MarshalVs  Life  of  Washington,  II.,  73;  Works  of  John  Adams.  III.,  400),  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  3,  1761, 
was  the  enactment  of  a  law  bv  the  New  York  legislature  to  make  the  commissions 
of  judges  hokl  during  good  behavior.  The  Pennsylvania  AssemVily  had  enacted 
such  a  law  in  September,  17.5r»,  which  had  received  the  assent  of  tlie  Lieutenant- 
Governor,  by  advice  of  his  council.— ilfuutfes  Provincial  Council  of  Pcnnsi/lvania, 
Colonial  Records  VIII.,  398-402.  It  was  disallowed  by  the  king  in  Council,  Septem- 
ber 2,  17G0.  on  these  grounds:  1,  Under  the  charter  of  Pennsylvania  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  country  or 


334  ADMraiSTliATION    OF   GOVERNOR   HARDY.  [1761 


Order  in  Council  directing  Instructions  to  he  sub- 
mitted for  the  King's  signature  in  relation  to 
Granting  Lands  and  Judges^  Commissions. 

[From  America  and  West  Indies,  Vol.  105.] 

^^      At  the  Court  at  Sf  James's  the  S^'f 

I  "^ '  i  DAY  OF  December  1761 

» ,_^ * 

Present 
The  King's  Most  Excellent  Majesty  in  Council 

Upo?i  reading  at  the  Board,  a  Eeport  from  the  Lords 
Commiss"  for  Trade  and  Plantations  dated  the  2'i  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 
benegesserint."—Ib.,  543-4,  558.  The  instructions  to  the  royal  Governors  of  New 
York  and  New  Jersey,  from  1686  down  to  1761  contained  this  provi.sion:  "  You  shall 
not  displace  any  of  the  judges  *  =p  *  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  Umitation  of  time  in  y  commissions." 
—N.Y.  CoL  Docs.,  III.,  371,687,  820;  v.,  130,  etc.;  A'.  J.  ^7-c7a'i'fs,  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.— AT.  Y.  Col.  Docs.,Y.,  949.  A  remarkable  instance 
of  the  recognition  of  this  principle  is  the  case  of  Chief -Justice  Robert  Himter  Mor- 
ris, of  New  Jersey,  so  copiously  referred  to  the  correspondence  in  this  volume 
regarding  his  claims  to  that  ofRce.  He  resigned:  liis  resignation  was  not  accepted 
formally,  but  a  successor,  William  Aynsley,  was  appointed,  who  discharged  the 
duties  of  the  office  from  March,  1758,  until  his  death  in  the  July  ensuing,  when 
another  successor  was  appointed.  Then  the  Cliief-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.  335 

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  Right  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,  inas.nuch  as  his  commission  was  durmg  good  behavior.  Writ- 
ing in  1750,  William  Smith,  the  historian  of  New  York,  liimself  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  coiu-t  ''  wei-e  formerly  dm-ing  pleasure,  but  of  late 
quamdiii  se  bene  gesserinty—Smitli's  Hist.  New  York,  Loudon  Ed.,  1776,  p.  320. 
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  during  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  bill,  and  the  Governor  staved  it  off  for  a  time 
with  tlie  objection  that  it  contained  no  provision  for  fixed  salaries,  but  left  the 
judges  depen<lent  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  fm-ther  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,  i)p.  1435-7,  1443-51,-  N.  Y.  Col.  Docs.,  VII.,  463,  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 laws  of  Parliament  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  men  soon  saw  the  importance  of  having 
a  judiciary  with  fixed  terms  and  fixed  salaries.— IForfcs  of  John  Adams,  IV.,  186. 
In  that  remarkable  paper,  "The  American  Claim  of  Rights,"  by  William  Henry 
Drayton,  of  South  Carolina,  dated  August  10, 1774,  one  of  the  grievances  set  forth 


32G  ADMINTSTKATION    OF   GOVERKOR   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  just  and  faithfull  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  rmi  quamdiu  se  benegesserint.'^ — Oibbes"  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:  "  lie  has  made  judges 
dependent  on  his  will  alone,  for  the  tenure  of  their  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  should  "hold  their  offices  during  good 
beliavior,  and  receive  a  fixed  compensation."  Mr.  Paterson  and  Mr.  Hamilton  in 
their  plans  suggested  a  like  provision  and  it  was  incorporated  in  the  Constitution 
unanuuously. — Journal  of  the  Federal  Convention,  69,  125,  131,  137,  188.— [W.  N.] 


1761]  ADMINISTRATION    OF    GOVERNOR    HARDY.  837 

ernors  of  Our  several  Colonys  upon  tliis  head,  the  said 
Indians  have  made  and  do  still  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- 
reptiti(  »usly  obtained  of  the  said  Indians,  And  v^hereas 
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  all  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  Govl",  President  of  the  Council 

or  C'Ommander  in  Chief  of  Our  said of '  do 

upon  any  pretence  whatsoever,  upon  pain  of  Our 
higliest  displeasure  and  of  being  forthwith  i-emoved 
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  tlie  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 
requiring  all  Persons  whatever  who  may  either  will- 

'  Colony  or  Province  of .—Ed. 


328  ADMINISTRATION    OF    GOVERNOR   HARDY.  [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  Authority,  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  shall  have  receiv'd  Our  further 
Directions  therein.  And  it  is  Our  further  Will  & 
Pleasure,  that  you  do  forthvv^ith  cause  these  Our  In- 
structions to  you,  to  be  made  publick,  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    GOVERNOR    HARDY.  329 

within  the  same,  to  the  end  that  Our  Royal  Will  and 
Pleasure  in  the  Premises  may  he  known,  and  that  the 
Indians  may  be  apprised  of  Our  Determined  Resolu- 
tion to  su]^port  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. 

Whereas  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  im])ovvered  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  I'itli,  1701.— Ed, 


.^30  ADMINISTRATION   OF   GOVEENOR  HARDY.  [1761 

Chief  Officers  of  Justice  should  hold  their  Offices  dur- 
ing good  Behavioui'.  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  American  Planta- 
tions. 

[From  New  York  Colonial  Documents,  Vol.  VIT,  p.  482.] 

Whitehall  Dec^  12.  1701. 

[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 


17C)1]  ADMINtSTUATlON    OF   fiOVERNOU    HARDY.  331 

Maj*'  considering  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  Eegular 
Regiments,  by  Recruits  to  be  furnished  from  the  Prov- 
inces in  N"  America;  and  the  King  is  ])ersuaded  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 
in  New  Jerseu  in  April,  1701. 

[From  P.  R.   O.  B.  T.  New  Jersey,  Vol.  17,  p.  133.] 

Whitehall  Dec  22;  1701 
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. 


332  ADMINISTRATION    OF    GOVERNOE   HARDY.  [1761 

As  this  Act  is  of  a  New  &  extraordinary  nature  and 
materially  aifects  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  litte  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; 

P>  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    GOVEKNOH    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  Removing  during  the  said  Six  Months 
the  Judges  or  other  Officers  of  the  Courts  of  Justice 
in  this  Colony,  or  suspending  any  C^ommission  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,  w^hich  is  expressly  contrary  to  the  Tenor  of  the 
said  Act  of  Parliament  of  the  first  of  Queen  Ann. 

The  Second  of  these  Acts  is  Intituled  A7i  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  susjiending  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  a])prehend,  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  qualifica- 


334  ADMINISTRATION    OF   GOVERN  OH    HARDY.  [17G1 

tion,  essential  to  the  Legal  &  Constitutional  Validity 
of  the  Act  itself. 

Independent  however  of  this  Objection,  there  are 
others  v^hich  have  occurred  to  Us,  in  respect  to  the 
particular  Provisions  of  the  Act,  which  it  is  Our  duty 
humbly  to  submit  to  your  Majesty. 

The  Object  of  this  Act  is  to  discharge  the  Debts  of 
Francis  Goelet  (the  Person  named  in  the  Title)  by 
vesting  his  Estate  and  Effects  in  the  hands  of  Trus- 
tees, to  be  named  by  the  Consent  of  his  Creditors  and 
therefore  both  reason  &  Justice  require,  that  such  of 
His  Creditors  as  may  reside  here  in  England,  or  in  any 
other  of  the  Colonys,  or  elsewhere,  should  have  due 
*        *        *        notice  of  this  Act 

The  necessity  &  propriety  of  this  is  indeed  admitted 
in  the  second  Section  of  the  Act  itself  ;  But  as  it  is  left 
intirely  to  the  discretion  of  the  Trustees,  to  give  No- 
tice to  the  Foreign  Creditors,  in  such  manner  as  they 
shall  think  proper,  and  no  Penalty  is  inflicted,  in  case 
they  do  not  give  notice,  We  humbly  apprehend  this 
Provision  is  altogether  nugatory  and  ineffectual,  and 
this  is  not  the  only  instance,  in  which  this  Act  ap- 
pears to  us  to  be  defective  and  improper,  for  it  Enacts, 
that  if  Francis  Goelet  shall  appear  to  have  secreted 
any  part  of  his  Estate  &  Effects,  he  shall  not  be  en- 
titled to  the  benefit  of  the  Act,  which  is  in  Our  Opinion 
a  Punishment  much  too  light  and  trivial,  for  an  Of- 
fence which  the  Wisdom  of  the  Legislature  here,  has 
in  all  Cases  of  this  Kind  enacted  to  be  felony. 

Upon  the  whole  We  humbly  beg  leave  to  propose, 
that  both  the  Acts  aforementioned,  may  receive  Your 
Majesty's  Royal  Disapprobation.' 

All  Which  is  most  humbly  submitted. 

Sandys  Soame  Jenyns 

Edmond  Thomas    Ed.  Bacon 

'  The  acts  were  repealed  January  14, 17Ca.    See  Analytical  Index,  p.  SG5.— Ed. 


1763]  ADMINISTEATION    OF    GOVEliNOli    IIAUDY.  335 


Order  in  Coancil  for  removing  Edward  Antill  from 
his  seat  in  the  Coiuicil  of  New  Jersey,  and  for 
appointing  John  Stevens  a  Councillor  in  his  room. 

[From  P.  R.  O..  America  and  West  Indies,  Vol.  150.] 

*-^*     At  the  Court  at  Sf  Jameses  the  2? 
I  '^' ""  i  DAY  OF  January  1762 

Present 

The    Kings    Most    Excellent   Majesty    in 
Council. 

Whereas  there  was  this  clay  read  at  the  Board  a 
Representation  from  the  Lords  Commissioners  for 
Trade  and  Plantations  dated  the  22^1  of  last  Month, 
Setting  forth,  That  Edward  AntiU  Esq^  One  of  His 
Majestys  Council  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 
jn'opose  that  the  Suspension  of  the  said  Edward  Antill 
may  be  confirmed,  and  that  John  Stevens  Esq'-'  who 


1  John  Stevens  was  born  at  Perth  Amboy,  N.  J. .  about  1715-17,  being  the  son  of  John 
Stevens,  who  had  emigrated  in  1G90  from  J.Iid<l!esex  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  hi.s  brother  Campbell,  cirried  on  a  mercantile 
business,  principally  with  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  dm'ing  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'  AntilF— 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,  17.52,  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  Couneil,  and  was  chosen  to  represent  Hunterdon  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 
the  Episcopal  churches  of  America.  His  latter  days  were  spent  with  his  son.  Col- 
onel John  Stevens,  at  Hoboken,  where  he  died  in  May,  1793,  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,  EUzabeth,  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, 1884,  pp.  14,5-150.— [W.  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 
ju.stly  indignant  at  that  travesty  on  justice.— iV.  Y.  Col.  Docts.,  HI.,  315.  In  1G83  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..  153.  In  1688  he  bou.ght  a  tract 
of  eighty  acres  on  Staten  Island,  which  he  sold  in  1691. — lb.,  143,343;  Calendar  Land 
Papers,  43.  In  1686,  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  trad*?  with  the  West  In<lies  he  appears 
to  have  occasionally  (as  in  1699  and  170J)  picked  up  an  Indian  woman  or  boy,  to  sell 
into  slavery,  for  which  he  sometimes  got  into  trouble.— Cai.  N.  Y.  Hist.   MSS.,  II. , 


1702]  ADMIKISTRATION    OF   GOVERNOR   HARDY.  337 

a  Member  of  His  Majestys  said  Council  in  the  Province 
of  New  Jersey  in  the  room  of  the  said  Edward  Antill 
And  the  Eight  Honourable  the  Earl  of  Egremont  One 
of  His  Majestys  Principal  Secretarys  of  State  is  to 
cause  the  usual  Warrant  to  be  prepared  for  His  Maj- 
estys Royal  Signature  accordingly. 

W.  Blaik. 


Letter  from  {Captain?)  George  Otter  to  Lewis  John- 
ston of  Perth  Amho?/,  inquiring  about  the  oivner- 
shijJ  of  the  island  ''on  the  right-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  Manuscripts. 1 

London  G"'  January  17G2 
Sir 

I  must  now  beg  leave  to  trouble  you  with  great 
Secret  Business  of  my  own  and  shall  be  very  nuK'h 
obliged  to  you  for  your  two  Letters  by  the  two  first 
ships  either  from  Philadelphia  or  New  York.     When 


268,  279.  Siding  with  his  friends  Brockholls  and  Bayard,  in  the  Revolution  of  1088, 
he  was  obliged  to  flee  from  the  c-ity  to  escape  arrest  at  the  hand.s  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,  172.5,  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  hi.s  interest  in  a  certain  proprietyship 
formerly  purchased  of  David  Toshack,  "  Laird  of  Minnevarre."  (This  individual's 
identity  puzzled  the  late  Mr.  Whitehead  not  a  little.— Ea.st  Jersey  under  the  Frojwi- 
etors,  1st  ed.,p.  127:  2d  ed..  170.  He  isalso  spokenof  asMoneybaird,  or  Monyweard, 
"  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    GOVERNOE   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  likewise  its  distance  from  Burlington  and 
the  same  from  Bristol.  There  is  a  House  and  Barns 
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.— iV^  Y.  Wills., 
Lib.  10,  F.  314. 

the  son  of  the  New  York, 
merchant,  was  born  in  1609 
or  1700,  and  perhaps  came 
into  the  possession  of  the 
"  Laird  of  Minnevarre's  "  broad  acres  at  Raritan  landhig  in  Midtllesex  coimty, 
where  he  spent  most  of  his  hfe.  Mr.  Whitehead  refers  to  him  as  ^'an  oddity," 
and  relates  an  incident  to  the  effect  that  he  once  regretted  to  Ids  wife  that  the 
women  of  the  day  spent  so  much  time  in  idleness  or  profitless  pursuits,  instead  of 
"abiding  in  the  fields  with  their  maidens,"  gathering  flax  or  grain.  The  next 
morning  on  coming  down  to  breakfast  Mr.  Antill  found  the  house  deserted,  and  no 
signs  of  the  matutinal  repast.  His  wife  had  taken  him  at  his  word,  and  was  out 
in  the  fields  witli  her  handmaidens,  pulling  ^ns..— Whitehead's  Perth  Amboy,227. 
This  is  only  an  instance  of  the  serious,  earnest  view  Mr.  Antill  took  of  life.  In  17.54 
he  gave  £1,800  towards  founding  Columbia  College,  in  the  interest  of  the  Episcojml 
Church.— if/st  of  Neiv  York  during  the  Revolution,  by  Thomas  Jones,  I.,  10.  He 
was  one  of  the  warmest  friends  of  Christ  Church,  at  New  Brunswick,  and  in  175!) 
was  one  of  the  trustees  of  a  lottery  for  the  benefit  of  that  church.— 76.,  323.  When 
the  Rev.  Robert  McKean,  missionary  at  New  Brunswick,  removed  in  1763  to  Perth 
Amboy,he  reported  to  the  Society(in  England)for  Propagating  the  Gospel  in  Foreign 
Parts,  that  "  the  Hon  Edward  Antill,  Esq.,  a  man  of  most  exemplary  life,  and 
singular  piety,  has  imdertaken  to  read  prayers  and  a  sermon  every  two  Smidays  at 
Brunswick,  and  every  other  two  at  Piscataqua,  till  the  ai-rival  of  a  missionary," 
and  the  Society  voted  him  their  thanks  "for  his  pious  labors." — Record  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  :;i7, 


1762]  ADMIKISTEATION    OF   GOVERNOR   HARDY.  339 

me — I  was  going  to  petition  for  ten  thousand  acres  of 
land  Island  St  John,  but  was  too  late.  Am  told  a 
number  of  Gents  have  got  Forty  thousand  aci'es  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  Lewis  Morris,  who  not  unnaturally 
recommended  him  m  1740  for  a  seat  in  the  Council.  "  He  is  a  man  of  jrood  Estate 
&  Sence,  and  if  admitted  to  that  board,  I  hope  and  believe  will  prove  anusefull  and 
deserving  member  of  it. "  He  was  appointed  May  29,  1741,  to  make  a  quorum  of 
the  Council,  and  the  appointment  was  confli-med  in  1745.— i\r.  J.  Archives,  VI.,  110, 
233,  237;  Papers  of  Lewis  Morris,  33,  37,  123,  219,  220,  sas.  He  was  reappointed  in 
1740,  as  a  member  of  Govei-nor  Belcher's  Council.— ^7'c/iirt>s,  VII.,  6.  "Mr.  Antill 
died  August  15,  1770,  in  the  71st  year  of  his  age,  and  was  buried  near  the  southeast 
corner  of  t'hrist  Cluu'ch,  New  Brunswick.  There  is  a  large  and  handsome  marble 
font  in  the  chm-ch,  ou  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  fatlier,  the  Hon.  Edward  Antill,  as  a  votive 
offering,  in  consequence  of  deliverenee  from  imminent  danger."— ivecoj-(/o/  Christ 
Church,  26.  Mr.  Antill  left  three  sons- -Edward,  John  and  Lewis.  The  latter  two, 
with  Margaret  Antill  and  others,  had  a  sm-vey  of  20,000  acres  returned  to  tliem  in 
1770  by  New  York,  of  lauds  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,  pei'liaps  to  avoid  confiscation.— Co L  Land  Papers,  504-5,  068-9.  Lewis  is 
said  to  have  served  in  the  American  army  during  the  Revolution,  and  lost  his  life 
at  Brandywine. —iJecorrf  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—Otiderdonk^s  Suffolk  Co.,  219. 

Edward  had  been  in  Canada  ten  years  wlien  the  Revolution  began,  and  being  in 
Quebec  iu  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  f.eneral  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,  1770,  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 


310  ADMINISTRATION    OF   GOVERNOR   BOONE.  [1762 


Commission  of  Richard  Saltar  as  Third  Justice  of  the 
Suiireme  Coiirt  of  Neiv  Jersey. 

[From  Book  AAA  of  Commissions,  Secretary  of  State's  Office,  Trenton,  fol.  303.] 

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  Reposing 
Especial  Trust  and  Confidence  in  your  Integrity  Learn- 
ing and  Abihty  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  Neiv  Jersey,  Giving 
and  hereby  Granting  unto  you  the  said  Richard  Saltar 
full  Powder  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  his  expenses. — Forceps  American  Archives,  4th  series,  IV.,  189, 
669;  VI.,  .591,  1106;  5th  series,  I.,  654;  III.,  843,  1507,  1597,  1604,  1618.  John  Antill 
joined  tlie  British,  and  became  a  Major  in  the  New  Jersey  Volunteers.  On  one  oc- 
casion Edward  was  taken  prisoner,  and  was  confined  on  a  prison  ship.  Happily 
for  liim,  John  was  sent  to  examine  the  prisoners,  and  the  first  person  he  saw  was 
his  ovsTi  brother,  whose  release  he  soon  affected.— 76.,  36.  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  1796. — Sabine's  Loyalists 
II.,  472;  Eager' s  Oranqe  County,  346.  He  married  (1772)  Margaret,  daughter  of 
Alexander  Colden,  son  of  Lieutenant-Governor  Cadwallader  Colden,  and  after  her 
death  married  her  sister  Jane.— Pager'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-iu-la^v,  quoted  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  uiissionary."— Whitehead's  Perth  Amboy, 

227.    Mr.  McKean  died  in  1767,  and  in  1772  (March  1)  she  was  married  again  to 

McNeil.    Mrs.  AntiU  was  still  living  at  this  time.— CaJ.  N.  Y.  Hist.  MSS.,  II.,  805.— 
[W.  N.] 


1762]  ADMINISTRATION    OF    GOVERNOR    HARDY.  341 

as  may  be  Agreeable  to  the  Rules  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  Josiah  Hardy  Esq.  our  Cap- 
tain General  and  Governor  in  Chief  in  and  over  our 
Province  of  Nova  Ceesarea  or  Netv  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.  ITOI. 

[Endorsed:]  Be  It  Remembered  that  on  the  Sixteenth 
Day  of  December  1761,  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.' 

*'  ^  •35- 

i    Great  Seal   \ 

■I     Province     V  READ, 

)  of 

I  New  Jersey  1 

*.  * 


'  Richard  Saltar  was  the  son  of  Richard  Saltar,  who  in  16SV  was  already  a  promi- 
nent and  influential  personaj^e  in  Monmouth  County,  and  in  1700  and  17'01  was  con- 
spicuously active  in  supporting  the  popular  claims  for  the  supremacy  of  the  NicoUs 
patent  as  against  the  title  of  the  Proprietors.— PF/itfe/ieacrs  East  Jersey,  350,  351  _ 
Richard  Saltar,  second,  was  bom  about  1(J'J9.  In  1746  he  was  designated  as  one  of 
those  who  should  give  orders  for  firing  the  beacon  lights  on  the  Navesink  High- 


342  ADMIN^IStllATION   OF   GOVERNOR   HAEDY.  [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  hai'd 
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  v^as  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  wliich  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  Letvis  Morris,  220),  and  in  1748  i'erdinand  John  Paris  pressed  liim  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." — N.  J.  Archives,  YU,  1G9,  176,  260.  In  1753 
Judge  Charles  Read  recommended  him  for  Chief -Justice,  to  succeed  Robert  Hunter 
Morris,  who  contemplated  resigning.— JV.  J.  Archives,  VIII,  Part  I,  p.  187.  In  ten- 
dering his  resignation  some  monthis  later  (March  29,  1754),  Judge  Morris  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.  Anah/iical  Index,  304;  Provin- 
cial Courts  of  New  Jersey,  by  Richard  S.  Field,  ISIO,  p.  150.  jHdge  Morris'  resigna- 
tion was  not  accepted,  but  Mr.  Saltar  was  commissioned  (May  2,  1754)  an  Associate 
Judge  of  the  Supreme  Court,  as  the  records  show,  to  succeed  Charles  Read, 


17G2]  ADMINISTRATION    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 
Memorialist,  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  Recovery  of  his  lost  business  in  the  Law, 
through  his  long  absence  abroad,  which  before  afforded 
him  a  Com])etent  Maintenance,  nor  has  your  Mem  or 
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 
pi'emises  and  your  Memorialists  perseverance,  and 
Fidelity,  in  his  Majestys  Service,  And  tliat  your  Lord- 
ship will  he  pleased  to  Recommend  him  to  liis  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. — iV.  J.  Analytical  Index,  300.  In  issuing  new  commissions  to  tlie  Courts 
in  1701,  Governor  Hardy  re-commissioned  Judge  Saltar.  Mr.  Saltar  "  resided  for  a 
while  at  Trenton;  also  for  a  wliile  at  Allentown.  Ho  built  a  large,  substantial  house 
at  Black  Point,  west  of  the  Navesink  river,  near  the  place  now  called  Seabright. 
He  married,  June  '^i,  17:il,  Hannah,  daughter  of  Elisha  Lawrence  and  Lucy  Stout, 
his  wife."~r/ie  Saltar  Family,  by  J.  E.  Stillwell,  M.  I).,  188;3,  p.  3.  He  died  in  1703, 
while  still  a  member  of  the  Council.— A^.  J.  Analytical  Index,  371.— [W.  N.] 


344  ADMIKISTRATION   OF   GOVERNOR  HARDY.  [1762 

Remonstrance  of  the  Judges  to  the  Earl  of 
Hahfax 

Janry  2^'  1761. 

To  the  Right  Hon^^^  the  Earl  of  Hahfax  &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  was,  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  afforded  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  Gentleman;  and  whatever  favour  you  bestow  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 


1762]  ADMINISTRATION    OF   GOVERNOR    HARDY.  345 


Letter  from  Governor  Hardy  to  the  Lords  of  Trade- 
had  re-a^ypointed  Mr.  Morris  Chief  Justice  and 
Messrs.  Nevill  and  Saltar  second  and  third  Judges 
— and  referring  to  a  Bill  hefo7^e  the  Assembly  for 
laying  o  duty  on  imported  Negroes. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  22.] 

Perth  Amboy  Jan^  20^''  1702 

The   R*  Hon''''"  The   Lords   Commissioners  for 
Trade  &  Plantations 

My  Lords 

By  the  last  Packet  I  received  under  a  blank  cover 
his  Majestys  Instructions  bearing  date  the  29^''  day  of 
September,  directing  the  alteration  in  the  morning  & 
Evening  Prayers  in  which  the  Royal  Family  are  prayed 
for;  I  have  accordingly  caused  a  proclamation  to  be 
issued  throughout  tlie  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  Nov!'  and 
not  having  much  business  before  them  I  dismiss'd 
them  the  12"'  of  last  month,  after  having  assented  to 
the  Bill  for  the  Support  of  Government,  which  they 
have  voted  to  continue  till  the  21'.'  day  of  May  1708. 
Copy  of  which  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,  thoy  dropt  it;  but 
at  the  same  time  they  represented  to  me  the  incon- 


346  ADMINISTRATION    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 
&  Pensylvania  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  Lordships,  as  they  look  upon 
it  as  a  great  hardship,  I  could  therefore  wish  Your 
Lordships  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  be  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  i-enew'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  had  come  to  a 
resolution  not  to  make  any  provision  lor  the  Judges 


'  In  1754,  John  Woolinan,  of  Burlington  county,  published  "Some  Considerations 
on  the  Keeping  of  Negroes,"  in  which  he  strongly  insisted  that  slaveholdhig  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  Philadelphia  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,  1791,  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,  GOl.  The  New  Jersey  Legislature  enacted  a  sim- 
ilar law  in  1789,  imposing  a  duty  of  £15  on  every  imported  slave  sold  in  the  Province. 
—Allinson^s  Laws,  315.— [W.  N.] 


17^2]  ADMINISTRATION"    OF    GOVERNOR    HARDY.  347 

in  the  bill  for  Support  of  Government  if  they  accepted 
Com  missions  during  pleasure;  I  therefore  hope  I  shall 
have  his  Majesty's  &  Your  Lordships  approbation  for 
what  I  have  done.  1  Mkewise  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  tlie 
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  Your  most  Obedient 

Humble  Servant 

JoHiAH  Hardy 


Letter  from  Oovern.or  Hdrdyto  the  Earl  of  Egremont, 
relating  to  the  Duty  on  Imported  Negroes  and 
Commissions  of  Governnierit  Officers. 

(From  P.  R.  C,  America  and  West.  Indies,  Vol.  \Ti,  [100. 1). 

Perth  Amboy  22'!  Jan?'  17G2. 

R^  Hon'^f^  Earl  of  Egremont 

My  Lord. 

By  the  last  Packet  I  received  two  letters  from  M' 
Pitt  dated  the  1 1"'  and  2s"'  Sept'."  with  the  joyf nil  news 
of  his  Maj(^stys  happy  mai-riage,  and  coi'onation  which 
I  immediately  communicated  to  the  General  Assembly 
of  this  Province  wdio  were  then  sitting.     I  likewise 


348  ADMINISTRATION    OF   GOVERNOR    HARDY.  [1762 

had  the  honor  of  Your  Lordships  letter  of  the  9"'  Octo- 
ber acquainting  me  that  his  Majesty  had  been  pleased 
to  appoint  you  to  be  secretary  of  state  for  the  Southern 
Department  I  sincerely  congi'atulate  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 
Lordship  the  Hardship  they  think  themselves  under, 
as  the  Provinces  on  each  Side  have  laid  such  a  duty 
which  which  occasions  great  Numbers  of  Negro'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  Province. 
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  qualif y'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 


1763]  ADMINISTRATION    0¥   GOVERNOR   HARDY.  349 

manner  and  to  the  same  Gentlemen  who  have  dis- 
charged these  Offices  with  great  reputation  and  integ- 
rity. I  would  willingly  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  publick  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  good  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   Tatent  bearing  date  at 
Westminster  the  day  of  1701,  Josiah 

Hardy  Esq'-'  was  appointed  to  be  Captain  General  & 
Governor  in  Chief  of  Nova  Cajsarea  or  New  Jersey, 
and  was  thereby  required  to  do  and  execute  all  things 
ill  due  manner  that  belong  unto  his  said  Command 
and  the  trust  reposed  in  him,  according  to  the  sevei-al 


350  ADMINISTRATION    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  equity  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 
Tej'miner,  Justices  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  oO"'  day  of  June  ITCU, 
whicli  said  Instructions  are  referred  to  in,  and  were 
delivered  with  the  above  recited  Letters  Patent,  it  is 
directed,  that  all  Commissions  to  be  granted  by  him 
the  said  J  osiah  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  Rohert  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.  Powi/att,  Secretary  of  the  Lords  of 
Trade,  to  Sir  Matttiew  Lamb,  desiriu<j  tiim  to 
prepare  a  draft  of  a  Bill  for  tlte  pnuistmieiit  of 
murder  committed  witJiiu  tJie  Admiralty  Jurisdic- 
tion ill  the  Plantations. 

[From  P.  R.  O.  B.  T.,  Plautations  General,  Vol.  11,  Page  179.] 

Whitehall  March  IT"'  1702 

To  Sir  Mathew  Lamb  Bar- 

Sir 

His  Majesty  having  been  pleased  by  his  Order  in 
Council  of  the  11'''  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,  prei)are,  in  order  to  be  laid 
before  Parliament,  a  Bill  for  the  Tryal  and  Punish- 
ment of  Persons  guilty  of  Murther  within  the  Admir- 

'  See  Attorney  General's  Answer,  January  18th,  1763.— Ed. 


352  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1762 

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  uj)  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  their  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,  m  His  Majesty's  Colonies 
and  Plantations  in  America,  of  Persons 
guilty  of  Murder  within  the  Limits  of  the 
Admirals  Jurisdiction. 

Whej'eas  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  before 
the  Admiral  or  his  Lieutenant  or  his  Comissary  hath 
been  altogether  disused,  And  Whereas  since  the  pass- 
ing the  said  Act,  Persons  committing  Murders  on  the 
Seas  or  in  any  Haven  Creek  or  Place  where  the  Ad- 
miral has  Jurisdiction  in  His  Majesty's  Colonies  and 
Plantations  in  America,  cannot  l)e  brought  to  condign 
Punishment  without  great  Trouble  Charge  and  Incon- 


17G2]  ADMINISTIIATION    OF    GOVERNOR   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  1702  all  Murders  which  shall  be  conmiitted 
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  where  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 
pul)lick  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  tJu^ee  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 


354  ADMINISTRATION    OF    GOVERNOR   HARDY.  [1762 

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  Com'ission 
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  Reign  of  King  Henry  the  Eighth  might  or  could 
have,  use,  exercise  or  enjoy  in  cases  of  the  like  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 
Pei-son  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  28*."  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. 


1762] 


ADMINISTRATION    OF    GOVEKNOK    HAEDY.  355 


Commission    of  John  Brainerd,    as    Surperintendcnt 
and  Guard iau  of  the  Indians  at  Brotlierton. 

[From  Book  AAA  of  Coinmissions,  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  Cliancellor  and  Vice  Admiral  in 
the  same  &c.  To  the  Eeverend  Mr.  John  Brainard,' 


1  John  Brainerd  was  the  son  of  the  Hon.  Hezekiah  Brainerd,  Jr.,  of  (Old)  Haddam, 
Conn.,  where  he  was  born  Februaiy  28,  1730,  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  estabhshed  a  new  mission  among  the  Indians  of 
New  Jersey  at  a  i>lace  he  significantly  called  Bethel— ahout  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  May,  1748,  and 
was  then  foi-mally  commissioned  as  missionary  to  the  Indians,  by  the  Society  in 
Scotland  for  Propagating  (Christian  Knowledge,  his  brother  David  having  died 
October  9th.  1747.  He  remained  in  this  charge  until  the  fall  of  1755,  when  he  was 
obliged  to  relinquish  the  work,  and  removed  to  Newark,  where  he  remained  most 
of  the  time  until  the  spring  of  1759,  having  charge  of  tlie  First  Presbyterian  Church 
in  that  tomi,  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  1708  took  up  his  residence  at  Mount  Holly,  preaching  to  the  whites.  In  1775  he 
returned  to  Brotherton,  but  in  1777  removed  to  Deerfleld,  Cumberland  ('ounty, 
giving  the  Indians  every  alternate  Sabbath,  and  preaching  the  rest  of  the  time  to 
the  wliites  in  the  southern  part  of  the  State.  He  was  a  Trustee  of  Piineeton  Col- 
lege 1754-81.  He  died  in  March,  1781,  and  liis  remains  repose  beneath  a  white 
marble  slab  in  the  floor  of  the  Deerfleld  Church.  He  left  one  daughter,  tlie  wife  of 
Major  John  Ross,  of  Revolutionary  fame;  she  died  in  1792,  leaving  three  children, 
only  one  of  whom  left  descendants.— Li/e  of  John  Brainerd,  by  the  Rev.  Thomas 
Brainerd  (1805),  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  written  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  Himter  Jlorris,  which  discouraged  the  Indians,  who  in  the  coirrse  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  C^orrespondents  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   GOVERNOE   HARDY.  [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,  Richard  Saltar,  Charles  Read,  WiUiam  Fos- 
ter, and  Jacob  Spicer  Esqr.  or  any  three  of  them  with 
the  Approbation  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  w^ho  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  rec^uisite  £300,  but  it  was  never  forthcoming,  perhaps  because  of 
another  movement  in  the  same  direction.— Lj/e  of  John  Brainerd,  154-8,  269-386, 
293-6,  4.55.  Under  date  of  April  16th,  1T57,  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  by  the  Association  and  set  apart  for  the  use  of  the 
native  Indians  of  New  Jersey,  forever,  free  of  rent.  Although  about  £175  was  sub- 
scriljed  for  the  piu-pose,  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  Fasten,  August  9,  1758,  the 
Indians  asked  that  a  tract  of  laud  be  purchased  of  Benjamin  Springer,  in  Evesham 
Township,  Burlington  County,  to  be  set  apart  for  tlieir  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,  cue  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  Bi-ainerd  in  1756.)  The 
Commissioners  were  authorized  to  erect  dwellings,  mills,  schoolhouses,  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  schooUiouse,  a  grist  mill,  a  black- 
smith's shop  and  a  small  trading  store;  but  the  Quaker  influence  in  the  Assembly 


17G2J  ADMINISTRATION    OF   GO\n']RNOR    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 
Connty  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  0.  of  Deeds  page  304  may  more  fully  and  at 
large  Appear.  A)id  Wliereas  a  Considerable  Number 
of  Indians  Sensible  of  the  Provident  Care  of  this  Gov- 


defeated  the  project. — Life  of  Brainenl,  318.  It  is  probable  that  the  hostility  to 
the  ineasure  was  on  account  of  the  undesirable  character  of  the  Indians.)  The 
settlement  was  called  Edge  lillock,  Indian  Mills,  or  Brotherton.  The  last  name  has 
unfortunately  disappeared  from  the  map.  It  is  thought  that  this  was  the  first 
Indian  Reservation  established  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  1763  they  appealed  to  the  Legislatm'e  for  aid,  but  vainly,  and  in  1796  that 
body  appointed  other  Commissioners  to  take  charge  of  them,  and  to  lease  out  their 
lands  for  their  benefit.  In  1801  the  Indians  wei-e  invited  by  some  of  their  kindred 
near  Oneida  Lake,  New  York,  to  settle  among  them.  They  accepted  the  invitation, 
and  at  their  request  the  Legislatin-e  directed  the  tract  to  be  divided  and  sold,  for 
their  benefit,  which  was  done,  the  money  going  to  defray  the  exj^euses  of  the 
removal  of  the  Indians  to  New  York,  and  to  put  something  into  the  treasury  of 
their  hostn.—Fr'tomentarn  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,  Bm-Iington  ( 'ounty,  covering 
what  is  now  the  village  of  Indian  Mills,  on  Bread  and  Cheese  Run."— /ii'st.  Burling- 
ton and  Mercer  Counties,  1883,  p.  415,  which  also  gives  a  map  of  tlie  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  purchased  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."— ^HmsoH's  Latvs,  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  Legislatm-e  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^;,  at  the  November  term,  1807,  affirmed  the  validity  of  tlie  assessment,  holding 
that  the  exemption  clause  was  not  an  irrej^ealable  contract,  and  that  it  was  merely 
for  the  benefit  of  the  Indians  during  tlieir  use  and  occupancy  of  the  land.  (1  Pen- 
nington, 301.)    This  judgment  was  affirmed  by  the  Court  of  Errors,  but  being 


358  ADMINISTRATION   OF   GOVERNOR   HARDY.  [1763 

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  w^ell  for  the  Service  of  tlie  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  Know  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  Called  Brotherton,  Sub- 
ject, Nevertheless  to  such  Orders  and  Regulations  as 
shaU  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^  Yus  Exccllency's  Command, 

*^"Z.*  Chas.  Read.  Secry. 


carried  to  the  Supreme  Com-t  of  tlie  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  court  in  the  land,  the  ijroperty  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  certioraz'ied  to  the  Supreme  Coiu-t, 
which  at  the  November  terra,  1879,  affirmed  the  validity  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,  i-aised  a  conclusive  pre- 
sumption that  by  some  convention  with  the  State  the  right  to  exemption  was  sur- 
rendered."—13  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  liim  to  prosecute  his  laborious  and  self-sacrificing  task,  he  may 
have  thought  it  unworthy  of  notice.— [W.  N.] 


1762]  ADMINISTRATION   OF   GOVERNOR   HARDY.  o50 

Commissions  for  Surrogates  in  the  Western  and  East- 
ern Divisions  of  New  Jersey. 

[From  Book  AAA  of  Commissious.  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  Allinson,  & 
Gabriel  Blond,  of  the  City  of  Burhngton,  John  Ladd  of 
the  County  of  Gloucester,  George  Trenchard  of  the 
County  of  Salem,  Maskell  Ewing  of  the  County  of  Cum- 
berland, Henry  Young  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  Alhnson,  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  tlie  Province  of  Nevi^  Jersey  aforesaid,  Giving  and 
hereby  Granting  unto  you  and  each  of  you  the  said 
Charles  Read,  Samuel  Allinson,  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  during  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  AmlDoy  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.  Regr. 

[Prerogative  Seal  of  New  Jersey.] 


360  ADMINISTRATION    OF    GOVEENOR   HARDY.  [17G2 

A  Commission  was  Granted  by  His  Excellency 
JosiAH  Hardy  Esqr.  Governor  of  the  Province  of  New 
Jersey  &c.  to  Charles  Read  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  Reign  Annoq.  Dom. 
1762  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 
tvhich  had  been  submitted  to  the  Council,  ashing 
for  the  removal  of  Governor  Hardy. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  172,  (190).] 

Whitehall,  March  27'''  17C.2 

Robert  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  M'"  Hardy  Gov!"  of  New  Jersey 
may  be  removed  from  his  Gov^  and  to  desire  you  will 
communicate  it  to  Lord  Egremont. 
I  am  with  groat  truth  &  respect  Sir 

Your  most  Obed'  and  most  humble  Serv* 

J  Pownall. 


1702]  ADMINISTRATION    OF   GOVERNOR   HARDY.  301 

Copy  of  Representation  from  the  B:  of  Trade  to 
the  King-  in  Council,  for  remo\ing'  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 
Rohert  Hunter  Morris  Esq'.'  to  be  Chief  Justice  and 
also  Commissions  to  two  other  Gentlemen  to  be  second 
and  third  Judges  of  the  supreme  Court  of  Justice  in 
that  Province,  during  their  good  hehaviour,  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  humble  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'^''  in  the  present  state 
of  those  Plantations  such  a  Constitution  would  have 
to  lessen  their  just  and  proper  dej^endance  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  all  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  nn})re- 
cedented  an  Act  of  disobedience  of  your  Majesty's 


363  ADMIJSriSTKATION    OF   GOVERNOR   HARDY.  [1763 

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  effoi'ts  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  example  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    GOVERNOK    HARDY.  3G3 


Letter  from  Governor  Hardy  to  the  Secretary  of  State 
on  tJie  declaration  of  war  against  S2)ain. 

[From  America  and  West  Indies  Vol :  172  (190).] 

Perth  Amboy  2i»"'  A])iil  1  s(;2. 

The  R'  hon'^.''^  the  Earl  of  Egremont 
My  Lords, 

I  have  the  lionor  of  yonr  Lordships  letter  of  the  7"' 
January  hy  the  Enteiprize  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  Pi-ovince;  and  I  liave  taken 
such  steps  as  I  hope  will  effectually  prevent  the 
Enemy  receiving  any  Supplys  of  pi'ovisions,  ammun- 
ition, or  Stores  f lom  hence. 

In  my  letter  of  tlie  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  compleat  and  will  in  a  veiy  few  days  be  ready 
for  Service  I  have  now  the  j)leasure  to  acquaint  your 
Lordship,  that  on  my  Second  Application  to  the  Assem- 
bly they  with  great  cheerfulness  and  unanimity  agreed 
to  grant  the  necessary  encoui'agement  for  raising  the 
Quota  demanded  of  them  ])y  His  Majesty's  (leneral 
for  recruiting  the  Regular  Foi'ces,  I  sliall  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  tlie  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  Tour  Lordsliips 

most  Obedient  &  most  Humble  Servant 

JosiAH  Hardy 


.^64  ADMINISTEATION    OF   GOVEENOR   HARDY.  [1762 


Letter  from  Governor  Hardy  to  Secretary  Poiunall — 
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  W  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  I  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  the  Judges  having  determined  to  ac- 
cept their  Commissions  in  such  manner  as  His  Maj- 
esty shall  tliink  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  Lordships  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  this  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- 


1763]  ADMINISTRATION    OF    GOVERNOR    HARDY.  oG5 

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 
Elizahethtown  {Capt.  El ias  Dayton) — Gov.  Hardy 
had  informed  him  that  upivar^ds  of  twenty  men 
luere  ready  at  Elizabethtoiun  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  ho  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  Eeceive  you  and  them,  &  Desire 
you  will  immediately  Embark  &  pi'oceed  to  the  North 
River,  where  you  will  find  a  Sloop  ready  to  Receive 
you;  And  you  will,  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  s^''  day  of  July  1 702. 

Jeff.  Amherst. 

By  His  Excellency's  Command. 

AKTiiUii  Maik 


366  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1763 


Letter  from  Governor  Hardy  to  the  Lor^ds  of  Trade 
announcing  the  death  of  Andrew  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,  27.] 

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  well  as  private  capacity,  as  it  would 
be  a  very  great  inconvenience  to  the  Province  to  keep 
vacant  the  post  of  Treasurer  I  have  appointed  M' 
Steplien  Skinner  to  that  employment  during  His  Maj- 
estys pleasure,  which  I  hope  your  I^ordships  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  Abdities  and  known 
loyalty  to  his  Majesty.  I  am  sorry  it  is  not  at  present 
in  my  power  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  quaUf y'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]  ADMINISTRATION    OF    GOVERNOE   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  Commissious,  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  Belchier. 

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  Com|)anys  of  C^adets  of  about 
70  Men  in  a  Company  is  the  only  defence  we  have  to 
trust  to,  we  have  no  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  Your  Lordships  by  the  Launceston  Man  of 
War  the  is"'  of  last  montli  and  by  that  opportunity  I 
sent  Copys  of  all  the  Bills  past  by  the  Assembly  with 
Coi\ys  of  their  Proceedings  since  I  came  to  the  Admin- 
istration, and  I  will  as  soon  as  possible  send  Co})ys  of 
the  Journals  of  the  Council. 

I  am  with  the  greatest  respect  My  Lords 
Your  Lordshi|)s  most  Obedient 

and  most  Humble  Servant 

JosiAH  Hardy 


368  ADMINISTEATION    OF   GOVERNOR   HARDY.  [1762 


Lettar  of  the  Earl  of  Egremont  to  the  Lords  of  Trade, 
annomicirKj  his  Majesty's  appointment  of  William 
Franklin,  to  he  Governor  of  New  Jersey. 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  9,  K.  23.] 

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  Caesarea,  or 
New  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 

Egremont 


Commission  of   William  Frauklin,    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  Frank- 


'  Tlie  draft  of  tlie  ."Commission  in  usual  form  was  submitted  to  the  Kinp:  August 
35  th.— Ed. 


1763] 


ADMINISTRATION    OF'  GOVERNOR    ITARDY, 


30  9 


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, 
Noir  Knoiv  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,  And  further 
Know  you  that  We  Reposing  Especial  Trust  and  C-on- 
fidence  in  the  Prudence  Courage  and  Loyalty  of  you 


son  of  Dr.  Benjamin 
Franklin,  and  the  last 
Royal  Governor  of 
New  Jersey,was  bom 
in  Pennsylvania  in 
the  year  1731.  He 
did  not  And  a  home 
under  the  paternal 
roof  until  he  was 
about  a  year  old, 
from  which  time  he  was  tenderly  and  carefully  niu-tured  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  wliich  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  comitry  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  accomplishments  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  Faii-fax,  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  landmg  in  Philadelphia,  and  thence  pro, 

24 


370  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1763 

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 cfe  Appoint  you  the  said  William  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  Reunite  into 
one  Province  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  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  Apj)ointed  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  goverament  (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  CouncH.'" —White- 
heacVs  Early  History  of  Perth  Amboy,  p.  188.  His  first  place  of  residence  was  at 
Burlington,  where  he  remained  until  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  accomplish  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  firmness  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  tranquility,  the  other  inevitably  conducting  you  to  anarchy, 
misery  and  all  the  horrors  of  civil  war."    Up  to  this  time  the  intercourse  between 


1763]  ADMINISTRATION    OF   GOVERNOR    HARDY.  371 

now  are  in  force  or  hereafter  shall  be  made  and  agreed 
upon  by  yon  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  William  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  tlie  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  Stirling,  one  of  the  members  of  the  Council, 
accepted  a  military  commission  under  the  Provincial  Congress  in  September  follow- 
ing,  and  was  promptly  suspended  by  the  Governor.  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  four  years  in  that  city,  he  sailed  for  England  in 
August,  1783.  The  personal  estate  which  he  was  obhged  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  him  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  ijermitted  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. 


372  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1762 

Letters  to  be  made  Patent  Witness  Ourself  at  West- 
minster the  Ninth  day  of  September  in  the  Second 
year  of  our  Reign. 

By  Writ  of  Privy  Seal. 


YORKE   &    YORKE. 


This  Commission  was  pubhshed  at  Perth  Amboy  on 
the  25"'  of  February  1T03,  and  at  Burlington  a  few 
days  afterwards. 


Commission  of   William  Franklin  as  Vice-Admiral, 
etc.,  of  New  Jersey. 

From  Book  AAA  of  Commissions,  in  Secretary  of  State's  Office,  at  Trenton,  f  ol.  375 .] 

George  the  Third  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland  King  Defender  of  the  Faith, 
To  our  Beloved  William  Fraisklin  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]  ADMIIiriSTRATION   OF   GOVERNOR  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  I^ower  and  Authority  in  and  throughout 
our  Proviyice  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,  Eivers, 
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  Commenced  be- 
tween Merchant  or  between  Owners  and  Proprietors 
of  Shi]:>s  and  other  Vessells,  or  others  whomsoever 
vv'ith  such  Owners  and  proprietors  of  Ships  and  all 
other  Vessells  and  Merchants  Whatsoever  Employed 
or  used  within  the  Maritime  Jurisdiction  of  our  Vice 
Admiraltv  of  our  said  Province  of  Nora  Ceesarea  or 
New  Jersey  and  Territories  depending  on  the  same  or 
between  any  other  Powers  wliomsoever  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  ADMIKISTRATION   OF    GOVERNOR   HARDY.  [1762 

&  Connexed  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  \  GoDF.  Lee  Farrant.  Registrar 

)       of  the        ( 

■<    Admiralty    v 

(  Gt.  Britain    ]  READ. 


Letter  from  the  Earl  of  Eyreniont  to  Governor  Hardy 
— inforniiiiy  him  of  his  removal  from  the  Gover- 
norsliip  of  Neiv  Jersey. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  77.] 

Whitehall  Sept:''  11*1'  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    KARDY.  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  &C'!' 
Egremont 


Bej^resenfat ion  from  the  Lords  of  Trade  to  the  King 
inclosimj  a  Draft  of  Instructions  for  the  Gover- 
nors of  the  several  Colonies  and  Plantations  m 
America  for  an  Alteration  in  the  Prayers  for  the 
Royal  Family. 

[From  P.  R.  O.  B.  T.,  Plantations  General,  Vol.  11,  paKe  193.] 

Whitehall  Sep*  27"'  17G2 

To  the  Kings  most  Excell-  Majesty 

May  it  2^1  ease  your  Majesty 

In  obedience  to  your  Majesty's  order  in  Council  of 
the  IT'l'  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  l)efore  your  Majesty  Draughts  of  such  In- 
structions as  We  conceive  })roper  on  tliis  occasion  for 
your  Majesty's  Poyal  Signature. 

Which  is  most  buml)ly  submitted 

Sandys 


376  ADMIJSriSTltATION    OF    GOVERNOR   HARDY.  [17G2 

Instructions  to  Our  Trusty  and  Wellbeloved 
Arthur  Dobbs  Esquire  Our  Cai)tain  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. 

WJiereas  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  v^here  the  Royal 
Family  is  appointed  to  be  particularly  pray'd  for,  the 
following  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 
Government  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  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, 

^  Similar  Instructions  to  all  the  other  Governors.— Ed. 


17G2]  ADMINISTRATION    OF    GOVEKNOli    HARDY.  377 


Letter  from  Josiah  Hardy,  Governor  of  Neiv  Jersey, 
to  Mr.  Pownall,  iv forming  the  Lords  of  Trade  of 
the  appointment  of  Mr.  White  to  be  Jadye  of  the 
Admiralty,  in  the  room  of  Mr.  Lewis  Morris,  de- 
ceased, etc. 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  9,  K.  38.] 

Peeth  Amboy  9'^  Oct!'  1762 

Mr  Pownall 

Sir 

I  received  the  favor  of  your  letter  of  the  11"'  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  acknowledged  the  receipt  of  your  let- 
ter before  but  I  had  not  timely  notice  of  the  sailing  of 
the  Packet;  I  am  now  just  returned  from  meeting  the 
General  Assembly  at  Burhngtoii;  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  finished  time  enough  I  therefore  hope 
my  Lords  Commissioners  will  not  impute  this  to 
any  neglect  in  me. 


378  ADMINTSTEATIOK    OF   GOVERNOR   HARDY.  [17G2 

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  Admiralty  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. 


1  Lewis  Morris  was  the  eldest  son  of  Governor  Lewis  Morris,  of  New  Jersey,  and 
was  born  at  liis  father's  country  resilience,  Tinton,  Monmouth  Country,  New 
Jersey,  September  33,  1Q9S.— Morris  Family  Bible,  quoted  in  N.  Y.  Gen.  and  Biog. 
Record,  January,  1876,  pp.  16,  17.  In  1783,  at  the  early  age  of  twenty -four,  he  was 
appointed  a  member  of  the  Council  of  New  York,  which  dignity  he  held  until  1739, 
when  he  was  suspended  for  words  dropped  ia  a  dispute  relating  to  the  Governor's 
drafts  upon  the  revenue.— ffisi.  New  York  City,  by  Mrs.  Martha  J.  Lamb,  New  York , 
1877, 1.,  536;  Journal  Leg.  Council  JSf.  Y.,  479-585.  In  1733  he  was  elected  to  the 
Assembly,  where  he  remained  until  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  measm-es  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  inoffensive  sarcasm, 
and  possessed  great  suavity  of  manner,  with  genuine  humor.  As  a  politician  he 
was  wary,  self-reliant,  equal  to  anj'  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  re,garded  as  pedantic.  He  had  great  gifts  in  repartee,  and  was  singu- 
larly entertaining  in  society.  He  was  a  handsome  man." — Mrs.  Lamb's  Hist.  N. 
Y..  I.,  575-6.  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." — Hist,  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  his  death  the  jurisdiction  was  divided 
as  suggested  by  Governor  Hardy  in  the  above  dispatch. — Smith's  New  York,  Albany 
Ed.,  1814,  p.  383;  Jones,  L,  140;  N.  Y.  Col.  Docts.,  VIII.,  4.55.  Judge  Morris  died  July 
3,1763,  at  Morrisania,  New  York,  having  inherited  that  princely  estate  from  his 
father,  and  there  he  was  interred. —if isf.  Westchester  County,  by  Thomas  Bolton, 
Jr.,  New  York,  1818,  U.,  3S4,  311;  Papers  of  Lewis  Morris,  336-9;  N.  Y.  Gen.  and 
Biog.  Rec,  January,  1876,  p.  18.    He  was  the  father  of  Lewis  Morris,  a  signer  of  the 


1762]  ADMINISTKATION    OF    GOVERNOR   HARDY.  379 


Letter  from  Governor  Hardy  to  the  Earl  of  Egreuiout 
acknoiuledging  the  letter  of  his  removal  from  Office. 

[From  P.  R.  0.,  America  aucl  West  Indies,  Vol.  172  (190).] 

Perth  Amboy  3'  Dec'  17G2 
Et  hon^'^  the  Earl  of  Egremont 
My  Lord. 

I  have  received  your  Lordships  letter  of  the  ll'f  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  what  the 


Declaration  of  Independence  and  General  in  the  American  army  dm-ing  the  Revolu- 
tion; of  Staats  Long  Morris,  who  joined  the  British,  and  rose  to  the  ranlc  of  General 
in  that  service;  of  Governeur  Morris,  the  American  Minister  to  France  in  1789,  and 
of  other  children.— 76. 

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  officeholders, 
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.  VV.  Woodhull,  will  be  found  in  the 
Proceedings  of  the  New  Jersey  Historical  Society,  for  May,  lti83. 

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.'"— Smith's  Ncio  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  tluring  pleasure,  anl  with  whom,  we  are 
told,  the  most  mischievous  of  all  customs  has  become  established,  that  of  taking 
commissions  on  all  condemnations;  so  that  he  is  under  a  pecuniary  temptation 
always  against  the  subject."— TF077vS  of  John  Adams,  III.,  466.  By  an  Act  of  4 
George  II.,  e'ap.  XV.,  Sec.  41,  it  was  enacted  that  the  jurisdiction  of  the  Admiralty 
Courts  in  the  Amei-ican  Colonies  and  plantations  should  extend  to  all  forfeitures  or 
penalties  relating  to  trade  or  revenue.— /6.,  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  trustetl  when  none  of  the 
common  law  com-ts  are,  have  all  their  connnissions  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.,  by  James  Otis,  Esq., 
Boston,  1764,  p.  53.-[W.  N.] 


380  ADMINISTRATION    OF    GOVERNOR   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  afflrm  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. 


Ansiver  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.] 

-X-  -X-  •Jf  *  *  *  *  7f  * 

To  1.  Qn.  I  am  of  opinion,  that  the  appointment  of 
Judges  of  the  Supreme  Court,  during  good  behaviour, 
instead  of  AniAwg 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  are 
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 


17G3]  ADMINISTRATION"    OF    GOVERNOR   HARDY.  :!81 

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  puli- 
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 
camiot  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 7>/t/7//;?(/,  that  they  may  be 
removed  from  their  offices  l)y  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 
Royal  Governments  in  America. 

Jan.  18.  1703. 

C.  YoiiKE. 


382  ADMINISTRATION    OF   GOVERNOR   HARDY.  [1763 

Letter  from  John  Pownall,  Secretary  of  the  Lords  of 
Trade,  to  Attorney- Geyieral  Yorke — relative  to  tJie 
holding  of  lands  in  America  by  Aliens. 

[From  P.  R.  O.  B.  T.  Plantations  General,  Vol.  41,  p.  208.] 

April  27':"  17C.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  tJie  Lords  of  Trade — 
inclosing  acts  and  j^uhlic  papers,  with  observa- 
tions tliereo)i. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  30.] 

Peeth  Amboy  2'^  May  1 763 

Right    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 


17G3]        ADMINISTRATION    OF   GOVERNOR   FRANKLIN.  383 

entitiiled  an  Act  for  laying  a  duty  on  Negroes  and 
Mulatto  Slaves  Imported  into  this  Province,  which  I 
w^ould  not  give  my  assent  to  vi^ithout  a  suspending 
Clause  not  to  take  effect  untill  His  Majesty's  Pleasure 
shall  be  known,  it  may  be  proper  likewise  to  inform 
Your  Lordsliips  that  the  reason  for  laying  a  higher 
duty  in  tbe  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  Youi'  Lordships  a  transcrii)t  of  the 
proceedings  of  the  ( -ouncil  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  Lordshi])S  most  Obedient  Humble  Servant 

JosiAiJ  Haedy 


Leffer  from  Governor  Fnmldin  to  the  Lords  of  Trade, 
acguainting  them  witJi  Ju's  arrival  in  New  Jersey^ 
acknowledying  their  letter  of  the  i)fh  of  MarcJ/, 
respecting  the  correspondence  to  he  carried  on 
with  the  Board,  and  notifying  theinof  three  vacan- 
cies in  the  Council  of  that  province. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  0,  K.  31.] 

Burlington,  New  Jersey,  May  !<»'.''  1703 

Mji  Lords, 

I  am  honoured  with  your  Lordshi})S  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  l^rovince, 


384  ADMINISTRATION   OF   GOVERNOR   FRANKLIN.        [17G3 

the    Contents  whereof    I    shall    not   fail  strictly   to 
observe. 

During  the  short  time  of  my  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  Eanks  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  25*.''  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  u])on  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  thought  necessary  to  be  rectify'd  when  the  Affairs 
of  the  Colonies  come  under  the  Consideration  of  the 
King's  Ministers,  which  probably  will  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  shaU  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  distress'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  in  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  furnish  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  instructed  to  meet  the  Assembly 
alternately  at  Amboy  &  Burlington,  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  Opinion  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  K), 
or  12,<)00£  Currency)  in  Paper  BiUs  of  Credit,  to  be 
sunk  by  a  Tax  the  first  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- 
35 


386  ADMIJSriSTRATION    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  Reasons,  and  as  there  is  an 
absolute  Necessity  that  His  Majesty's  Governors  in 
this  Province,  should,  in  order  to  preserve  the  Respect 
due  to  their  Stations,  be  somewhat  more  decently 
lodged  &  accommodated  than  they  are  at  present,  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  favoured  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  diffus'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,O0U  Persons  procur'd  to  settle 
there  from  the  Northern  Colonies  in  less  tlian  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 


17G3]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  387 

ill  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,  w^iich  requir'd 
a  Meeting  of  Council,  I  should  always  have  a  sufficient 
number  at  hand,  without  bringing  those  fi-om  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  always  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  Membei-  of  the  Council,  &  I  do  therefore 
recommend  him  to  Your  Lordships  for  that  Purpose. 
M'  Ladd  is  a  Gent",  of  Fortune  dk  unblemished  Char- 
acter, was  formerly  in  the  Assembly  wiiere  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  ADMINISTRATION    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  Eespect  My  Lords, 
Your  Lordships  most  obedient  humble  Servant 

W^  Franklin 


Letter  from  Governor  Franklin  inclosing  minutes  of 
Council  and  six  acts  i^assed  in  that  province. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  33.] 

Perth  Amboy,  June  27"'  1763 

The    Right    Hon*'?®  Lords   Commissioners  for 
Trade  and  Plantations. 

My  Lords, 

I  had  the  Honour  of  writing  to  your  Lordships  on 
the  10"'  of  last  Month,  acquainting  you  with  my 
Arrival  here,  &  acknowledging  the  Receipt  of  your 
Letter  of  the  9"'  of  March  with  the  Papers  inclos'd.  I 
also  desired  your  Lordshij^'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,  excejjt  that 
I  have  prevaiFd  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  fixiitlessly 
attempted  by  other  Governors,  it  was  more  than  I  had 
Eeason  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  Bills  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  tlie  Payment 
of  the  New  Jersey  Regiment  for  the  Month  of  Novem- 
ber 17G2,  your  Lordrhips  will  I  imagine  think  just  & 
necessary,  as  they  w^ore  detain'd  in  the  Service  during 
that  Month,  and  the  Provision  which  had  been  made 
for  them  before  was  only  to  the  Beginning  of  the 
Month.  This  Act  is  also  conformable  to  all  the  Acts 
of  that  Nature  passVl  during  the  War. 

3.  The  ;r.'  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  shall  appoint,  is  conformable 


390  ADMI^-ISTEATION    OF   GOVER]!fOR   FRANKLIN".        [1763 

to  the  repeated  Recommendations  of  your  Board  to 
former  Governors,  &  what  they  frequently  in  vain  at- 
tempted to  obtain  of  their  Assemblies.  As  New  York 
has  also  passed  an  Act  of  a  similar  Nature,  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 ConiQiissioners  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  the  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  Wentworth,  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,  veiy  probably  happen  that 
out  of  so  small  a  Number  as  Seven  a  Meeting  of  Five 


1763]        ADMIJSriSTRATION    OF    GOVERNOR    FRANKLIN.  391 

Ccinnot  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. 

6.  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  Respect,  My  Lords, 

Your  Lordships  most  obedient,  & 
most  humble  Servant 
Wm.  Franklin 


Letter  from  Governor  FrankUn,  to  the  Lords  of  Trade 
liifonniiKj  them  tJtat  he  witl  appoint  a  Dai/  of 
Thard<;sgiuiu<i,  that  the  Lidians  liad  re-commenced 
hostilities  in  the  back  country,  and  measures  for 
jjrotection  ayainst  the?n  had  been  taken. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  33.] 

Perth  Amboy  July  Ii>,  17G3 

Right  Hon"'"  Lords  of  Trade  &  Plantations. 

Mij  Lords, 

I  had  this  Day  the  Honour  of  receiving  your  Lord- 
sliips  two  Letters  of  the  29"'  of  April,  directing  the 
Mode  of  corresponding  with  your  Board,  and  signify- 


393  ADMIXISTKAIION   OF    GOVERNOE   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  v^hereof  I  shall  duely  perform, 

I  wrote  to  your  Lordships  the  27"'  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  their  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  featful  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 

W^  Franklin 


1763]        ADMINISTRATION    OF    fiOV^ERNOR    FRANKLIN.  393 


Letter  from  Governor  Fnn/kt/'n  to  the  Earl  of  E(jre- 
morit — He  will  appoint  the  Day  of  TJiaulc>i(jivin<j — 
Fresh  hostilities  commenced  by  tJie  Indians — is 
taking  measures  for  the  defence  of  the  mhabitants 
on  the  Northern  frontier. 

[From  America  aud  West  Indies,  Vol.  173  (190).] 

Perth  Amboy  July  10.  1763 

My  Lord, 

I  this  Morning  had  the  Honour  of  receiving  your 
your  Lordships  Letter  of  the  2(;"'  of  March,  inclosing 
the  King's  Proclamation  of  the  Peace,  which  I  shall, 
agreeable  to  w^hat  your  Lordship  has  signified  to  me, 
cause  to  be  published  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  alarmVl  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  removed  to  far  to  afi;ord 
them  any  Support. 

I  have  the  Honour  to  be,  with  the  utmost  Respect, 
My  Lord,  Your  Lordship's  most  obedient 
&  most  humble  Servant 

W'.'  Franklin. 


394  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1?63 


Order  in  Conncil  approving  of  Samuel  Smith  and 
John  Ladd,  Esqs.,  to  be  of  the  Council  in  Neiv 
Jersey. 

[From  P.  R.  C,  America  and  West  Indies,  Vol.  105.] 

*— ^*     At  the  Court  at  S^  James's  the  317 
l/'^'J  DAY  OF  August  1763. 

Present 

The  Kings  most  Excellent  Majesty  in  Council. 

Upon  Reading  this  day  at  the  Board,  a  Eepresenta- 
tioii  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  Majestys  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  Bramliam, 
Yorkshire,  England,  who  came  to  Burlinj^ton,  New  Jersey,  in  1G94.  Richard  was  a 
naember  of  the  A.ssembly  for  many  years.  In  1747  he  was  appointed  a  member  of 
the  Comicil,  and  died  while  attending  one  of  the  sessions  of  that  body,  at  Perth 
Amboy,  in  November,  1751.  The  subject  of  this  note  was  born  "  13th  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.— T/ie  Burlington  Smilhs,  a  Family  History,  by  R. 
Morris  Smith,  Philadelpliia,  1877,  10,  100-3,  209;  N.  J.  Archives,  YII.,  6.  He  was 
Treasurer  of  the  Western  Division  of  New  Jersey,  as  early  as  17.'51,  and  perhaps 
before  that,  resigning  in  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  Ashfleld,  who  had  been  named  for  the  place  instead 
of  Mr.  Smith.— iV.  J.  Archives,  VH.,  580,  G08;  VIII.,  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]        ADMINISTRATION   OF   GOVERNOE   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"  deceased;  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  the  purpose,  returning  when  the  task  was  completed. — Hist. 
Pennsylvania,  hy  Robert  Proud,  Philadelphia,  1T97,  Vol.  1,4;  Proc.  N.  J.  Hist. 
Soc,  September,  1849,  102;  History  of  Printing,  by  Isaiah  Thomas,  Worcester, 
Mass.,  1810,  Vol.  II.,  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  Kirkljride,  who  bore  him  Joseph,  Abigail,  Sarah,  Richard.  The 
last-named  was  the  father  of  Samuel  J.  Smith,  the  "  Bard  of  Hickory  Grove."— 
Smiths  of  Burlinqton,  209-10;  Miscellaneous  Writings  of  the  late  Samuel  J.  Smith, 
Philadelphia  and  Boston,  18-30,  9-10.  Samuel  Smith,  the  historian,  died  at  Burhng- 
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  witli  ability,  integrity 
and  miblemished  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  tlieir  times,  which  proves  them  to  have  been  conspicuous 
persons.  They  were  prominent  in  the  political  and  religious  matters  that  sur- 
rovmded  them,  and  the  subjects  of  much  hard  talk,  for  which  some  of  their 
defamers  appear  in  no  very  enviable  position."— i^/c^^  Settlers  of  Newton  Township, 
Old  Gloucester  County,  by  the  Hon.  John  Clement,  Camden,  1877,  14S.  The  father 
was  a  practical  surveyor,  and  assisted  in  laymg  out  the  city  of  Philadelphia  for 
William  Peun,  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."--7ft.,  143-5.— [W.  N.] 


396  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1763 


Letter  from  the  Lords  of  Trade  to  Governor  Franklin, 
informing  him  that  no  ohjections  will  be  made  to 
a  bill  for  issuing  certain  sums  ofj)ciper  money  for 
jyroviding  a  house  for  the  Governor . 

[From  P.  R.   O.  B.  T.  New  Jersey,  Vol.  17,  p.  180.] 

Whitehall  Oct.  21,  1703 
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  Governo]',  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  Terms  and  under  the  regulations  pre- 
scribed in  the  Act  of  Parliament  for  restraining  such 
paper  Bills  in  the  four  New  England  Colony s,  vi^hich 
We  think  a  proper  example  for,  and  wish  was  extended 
to  all  His  Majesty's  Colonies. 

M^  Smith  and  M'  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. 


ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  397 


Letter  from  Mr.  Secretary  Pownall  to  Sir  Ftefcher 
Norton,  Solicitor  General,  desiring  his  opinio]/ 
tvhether  aliens  not  naturalized  can  acquire  prop- 
erty or  lands  in  America,  either  by  pmrcliase, 
girint  or  leave  of  the  Crown. 

[From  P.  R.  0.,  B.  T.,  Plantations  General,  Vol.  41,  p.  309.] 

Nov.   S.   1703 

To  Sir  Fletcher  Norton,  His  Majesty's  Sollicitor 

General 
Sir, 

I  am  directed  by  the  Lords  Comraissioners  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  in 
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  vv^hich 
must  be  decided  upon  on  Thursday  morning  that  I 
now  propose  this  Question  to  you,  their  Loi  dships  hope 
to  be  favoured  with  your  answei'  l)efore  that  time,  or 
that  you  will  be  pleased  to  signify,  that  you  cannot 
make  the  I'eturn  so  soon  as  desired. 

I  am  with  great  respect  Sir  &c 

John  Pownali. 


398  ADMINISTRATION   OF   GOVERNOR    FRANKLIN.        [1763 


Letter  from  William  Franklin,  Esq.,  Governor  of 
Neiu  Jersey,  to  the  Lords  of  Trade,  containing  an 
account  of  his  proceedings  with  the  Assembly  with 
respect  to  the  means  of  repelling  the  hostilities  of 
the  Indians. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  34.] 

Burlington,  Dec'  5.  1TG3 
My  Lords, 

I  have  this  moment  the  Honour  of  receiving  your 
Lordships  several  Letters  of  the  i28*.''  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  which  is  to  pass  by  here  in  less  than  Half  an 
Hour  will  be  the  only  one  that  can  reach  her,  I  have 
little  moi-e  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 VI  on  a  Requisition  from  Sir  Jeff.  Amherst 
to  furnish  ooo  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  Seii- 
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  2<  »0  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  will  comply  with  their  Share  of  the 
Requisition.      And,   indeed,    unless    the  Colonies  do 


1703]        ADMINISTKATION    OF    GOVERNOR   FRANKLIN.  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  ditfer  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  inclin'd  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  Mature  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  Vf  ar :  And,  of 
consequence,  they  may  be  expected  to  renew  their 
Hostilities  upon  every  conv'^enient  Opportunity. 

What  Sir  Jeffrey  Amherst's  Eeasons  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  liequisition.  General 
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  al)ly  to  get  together  a 
considerable  Body  of  Forces  for  an  Early  Spring  Cam- 
paign. 


400  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [17G4 

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  Opjiortunity  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  Eespect, 
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  Lord^.'  of  the  following  Dates,  viz.  May 
10,  June  27,  July  1!),  &  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  Gover7ior  Franklin  to  the  Lords  of  Trade 
relative  to  an  act  for  raising  levies  for  the  defence 
of  the  province,  and  to  other  acts  lately  passed 
there. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  30.] 

Burlington  Jan'7  20,  17G4 

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]        ADMIlSriSTRATION    OF   GOVERNOR   FRANKLIN.  401 

General's  Requisition  of  60( »  Men  at  that  Time,  because 
the  New  York  Assembly  had  before  postpon'd  comply- 
ing with  the  Requisition  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  Royal 
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  Right 
Honourable  the  Earl  of  Halifax,  and  shall  in  pursu- 
ance thereof  summon  the  Assembly,  and  once  more 
press  upon  them  the  complying  with  the  Requisition 
of  His  Majesty's  General.  All  that  could  be  obtained 
of  them  at  the  last  Session,  was,  to  grant  1o,(h»0£  Cur- 
rency for  the  Support  of  the  Militia  I  had  march 'd  for 
the  Protection  of  the  Frontiers,  and  to  raise  20(J  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  Siun  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 
(')*.''  of  December  sent  herewith.  I  had,  moreover, 
Letters  from  Sir  Jeffery  Amherst  and  General  Gage, 
urging  from  some  Intelligence  they  had  received,  &c. 
the  Necessity  there  was  of  something  b(^ing  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  shall  transmit  to  your  Lordships  by  tlio 
20 


402  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1764 

first  convenient  Opportunity.  None  of  them  are  of  a 
new  or  an  extraordinary  Nature,  unless  it  be  the  ^'Act 
to  set  aside  the  Partition  of  Lands  in  the  County  of 
Hu7iterdon,  lately  made  by  Virtue  of  a  Writ  of  Par- 
tition, hetiveen  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  Respect,  My  Lords,  Your 
Lordships  most  obedient,  &  most 

humble  Servant. 

W?  Franklin 


Letter  from  Governor  Franklin,  to  tlie  Lords  of  Trade, 
in  answer  to  tJieir  Lordships'*  letters,  relative  to 
the  transmission  of  public  papers — tlie  revenue — 
and  issuing  a  sum  of  money  in  paper  bills  on 
loan,  for  defmying  tJie  charge  of  erectitig public 
buildings. 

[From  P.  R.  0.,  B.  T.,  New  Jersey,  Vol.  !),  K.  39.] 

Burlington,  Feb'^  8,  1764 
To  the  Lords  of  Trade 

My  Lords 

Your  Lordships  mention,  in  your  Letter  of  the  7*-' 
of  October,  that  there  has  been  a  Neglect  of  transmitt- 
ing the  Papers  and  Accounts  required  by  His  Majesty's 
Instructions  to  his  Governors  in  America.     As  to  my- 


1764]        ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  403 

self,  I  have  regularly  sent  over  the  Acts  which  were 
passed,  and  the  Mmutes  of  Council  and  Assemhly  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 
ill  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  shall  readily  transmit  them,  upon  receiving 
your  Lordships  Directions. 

As  this  Province  has  scarce  any  fon^ign  Trade,  the 
Inhabitants  being  chiefly  Husbandmen,  who  sell  tlieir 
Produce  at  New  York  and  Philadelphia,  and  there  pro- 
vide themselves  with  all  the  European  and  Vv^est  Indian 
Commodities  they  have  occasion  for,  the  Revenue  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 
Revenue  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  liave  had  that  Effect,  if 
they  had  been  exacted:  But  the  Custom  House  Officeis 
(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  Pailia.neiit. 


404  ADMINISTIiATION    OF   GOVERNOR   FRANKLIN.        [1764 

Whether  they  afterwards  remitted  this  Composition 
Money  to  England,  or  render'd  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  Murmui'ings  among  the  Merchants,  and 
others,  in  North  America,  on  account  of  the  Stop  put 
to  that  Trade;  and  I  suppose  your  Lordships  will 
shortly  have  an  Application  made  to  you  for  Redress. 
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  PubUc 
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 
tins  is  thought  too  short  a  Term  to  induce  a  sufficient 
Number  to  become  Borrowers.  I  have  the  Honour  to 
be,  with  the  greatest  Respect, 

My  Lords,  Your  Lordships,  most  obedient, 

and  most  humble  Servant 
W*!  Franklin 


17G4]        ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  405 


Representation  to  His  Majesty  concerning  the  revival^ 
of  the  bounties  upon  lienip,  tlie  paper  currency  in 
American  Colonies,  and  the  duties  upon  heaver 
skins;  also  upon  the  application  of  the  New  Eng- 
land merchants  relative  to  the  duty  upon  whale 
fins. 

[From  P.  R.  O.  B.  T.,  Plantations  General,  Vol.  41,  Page  343.] 

Whitehall,  Febry  0"'  1764 
To  the  King's  most  Excel?  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  Yonr  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  publick  credit  in  some  of  the 
Colonies,  and  setting  forth  the  x\dvantages  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  Bills  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 ISTRAnOK    OF   GOVEENOR   FEANKLIN.        [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  Your  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  Memorialists  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]        ADMINISTRATION    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  Records  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  Will'?  Phipp's  Expedition  against 
Canada,  borrowed  money,  in  a  method  of  ivliich  ive 
are  7iot  particularly  apprized,  upon  such  security  and 
under  such  terms  and  conditions,  that  the  notes  or 
Bills  given  for  the  same  carried  with  them  such  a  de- 
gree of  credit,  that  they  passed  m  deahngs  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  possibility  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  BiUs  of  Credit,  by  directing  that  they 
should  pass  and  be  received  in  all  publick  Payments  at 


408  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1764 

the  advance  and  after  the  rate  of  five  per  Cent  w^hich 
additional  advantages  the  General  Court  was  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  effect  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  ])ounds  for  one  hundred  pounds 
sterling  till  the  year  17u5  ;  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 
1711 ;  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  all  payments  till  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  1711  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'  u])on  different  principles  and  under  different  regu- 
lations; and  this  j^ractice  had  so  pernicious  an  opera- 
tion, not  only  within  the  Colonies  themselves,  hut  also 
upon  their  commerce  and  dealings  with  this  Kingdom, 
that  the  House  of  Commons  thought  proper  in  the 
years  ll'VJ  &  1740  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,  u})on  full 
consideration  thereof,  They  unanimously  resolved, 
That  the  creating  i)aper  Bills  oi  Credit  and  declaring 
them  to  l)e  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  i)arts;  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  susi)ending  their  Execution  untill  the 
Crown's  pleasure  could  be  Known,  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 
paj^er  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   Tredecessors  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  parliament  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  applied;  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  every  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'J'  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 


17G4]        ADMIKISTIIATIOK    OF    GOVEKNOK    FRANKLIN.  411 

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  publick  Credit  under 
the  effect  of  this  law,  that  larger  supplies  w^ere  raised 
and  with  more  satisfaction  and  faciUty  than  was  ever 
Known  before. 

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  in 
a  Country  which  has  any  foreign  Trade,  the  equiva- 
lent must  be  of  a  material  which  is  universal  &  of  in- 
trinsic value,  which  paper  Bills  of  Credit,  created  in 
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  in 
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  possil)ly  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- 
blies making  new  and  large  emissions  of  paper  Bills. — 
For  these  Bills  have  but  one  property  in  common  with 
real  money,  which  is  that  the  kirger  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  Ijo  tlie  attendants 
upon  this  piactice. 


412  ADMINISTRATION    OF    GOVERNOK   FRANKLIN.        [1764 

And  as  nothing  can  be  consonant  with  true  policy 
that  is  absurd  and  unjust,  that  consideration  would  be 
sufficient  to  shew,  that  this  strange  and  deceitfull  sys- 
tem is  impolitic;  but  when  added  to  this,  we  consider, 
that  such  a  paper  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  ])resume  the  art  of  man  can- 
not contrive  any  measure  more  ruinous  &  destructive 
to  the  unhappy  country,  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'''  of  His  late  Majesty,  of  issuing  paper  Bills  of  Credit 
ui)on  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  Gi'eat  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 


17C4]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  413 

traiy,  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  tlian  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  I'eal  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  i^ractice; 
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  Amei'ican  Colo- 
nies, by  the  ])rovision,  eft'ect  or  operation  of  which, 
any  ])aper  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,  shall  be  null  and  void  to  all  intents 
and  purposes;  as  also  all  Acts,  Votes  or  Resolutions, 
by  wrhich  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  ]wst- 
poned,  or  anyways  altered  or  changed;  or  by  which 


414  ADMlNISTRATIOiq-    OF   GOVEKNOR   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  Eesolution, 
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  Ijaws  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  estabUshed,  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  Farts  of  America,  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  very  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  Hemp  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  production  of  other  Articles,  more 


416  ADMINISTRATION    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  18.  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  this  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  tlie  quality  of  the  American  Hemp,  it  no  lon- 
ger, we  presume,  I'emains  a  doubt,  that  it  is  as  good 
as  that  imported  from  Russia;  and  as  a  proof  of  this, 
we  humbly  b(^g  leave  to  subjoin  a  Copy  of  a  report 
(No.  (),)  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  Mannfactnre,  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  we  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 
f  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  Ip  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, 
whicli  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  circnmstances,  whicli  has  operated  in  some 
degree  to  alleviate  the  charge  of  the  Freight  of  Hemp 
fi-oni  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. 
27 


418  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1764 

All  these  Circumstances  however,  which  do  now 
operate  in  favour  of  the  Russia  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  Russia  Trade ; 
and  as  most,  if  not  all  the  Colonies,  where  this  Com- 
modity either  is  or  may  be  produced,  do  likewise  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  i^roduced. 

There  is  another  circumstance  arising  from  a  consid- 
eration of  this  matter,  which  we  humbly  conceive  to 
be  of  the  greatest  importance,  and  which  appears  to 
us  greatly  to  favour  a  reasonable  encouragement  to 
the  importation  of  this  material,  which  is,  that  it  is 
already  manufactured  in  the  Colonies,  not  only  into 


17()4]        ADMINISTRATION   OF   GOVERNOR   FRANKLIN.  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  i-aw  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  Amei'ican  Hemp  to  nearly  the  same  level  with  the 
Hemp  from  Eussia,  We  are  humbly  of  opinion,  that 
Hem])  imported  from  Your  Majesty's  Colonies,  under 
projDer  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  f  Ton. 

For  the  second  seven  years  six  pounds  '^'  Ton. 

For  the  third  seven  years  four  pounds  ^1^  Ton. 

The  third  proi)Osition,  upon  which  we  shall  humbly 
beg  leave  to  submit  our  sentiments  to  Your  M;ijesty, 
aiises  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  presented  to  Us  by  the  makers  and  venders 
of  Hats  in  Your  Majesty's  Cities  of  London  and  ¥/est- 
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  import- 
ation Seven  pence  i,  ;^ ;  and  there  is  a  drawback  of  four 
pence  20  lii  of  the  said  duty  upon  exportation. 

The  makers  and  venders  of  Hats  allege,  that  these 
Kegulations  operate  by  Means  of  the  Drawback  upon 


430  ADMINISTRATIOlSr    OF    GOVERNOR   FRANKLIN.        [1764 

Exportation  to  supply  the  French  and  other  Foreign- 
ers with  this  Material  of  Manufacture,  at  a  chea})er  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  u])on  Beaver  Skins  &  Beaver 
Wool. 

As  the  Memorialists,  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  1735  to  Xmas  1T3S  ; 

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.  8.  9.  10.)  it  will  appear  to  your  Majesty 
that  there  is  a  very  great  Dnninution  in  the  Exporta- 
tion of  Hats  to  Portugal  in  the  last  period,  more  par- 
ticularly in  the  last  Year  of  it,  when  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 


17C4]       ADMINISTRATION    OF    GOVERNOR    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  Fab  rick  ;  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  policy  to  be  thrown  into  the 
other  Scale,  if  it  can  be  done  without  prejudice  to  the 
Trade  in  general ;  But  it  is  alleged  by  the  Hudsons 
Bay  Company  and  other  Importers  and  Exporters  of 
Beaver  Skins,  by  whom  we  have  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,  will,  in 
its  Consequences,  affect  their  Trade  in  this  Commod- 
ity, by  not  only  encouraging  and  encreasing  the  illicit 
Exportation  of  it  from  the  Colonies  directly  to  foreign 
Markets,  but  will  also  encourage  the  Manufactui'e  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 
Eelief  to  the  Manufacturers  of  Hats,  which  their  Case 
appears  to  require,  witiiout  incurring  the  Risque  of 
Smuggling,  or  a  Deviation  in  the  Colonies  from  their 
true  Interest,  will  be  to  take  off  tlie  Duty  now  paid 


422  ADMIlSriSTRATION    OF    GOVERNOE   I'RANKLIN.        [1764 

upon  the  Importation  of  Beaver  Skins,  which  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  i^ound  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  p*"  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]        ADMIKISTEATION    OF   GOVERNOR    FRANKLIN.  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,  v^ll  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  u]ion  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  ADMINISTRATION    OF   GOVERNOR   ERANKLINT.        [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  fiehef ,  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:  Rice 

Ed.  Eliot  Orwell 

Bamber  Gascoyne. 


Commission  of  Charles  Read  as  Chief  Justice  of  New 

Jersey. 

[From  Book  AAA  of  Commissions,  Secretary  of  State's  Office,  Trenton,  fol.  389.] 

George  the  third  by  the  Grace  of  God  of  Britain 
France  &  Ireland  King  Defender  of  the  Faith  &c. 
To  our  Ti-usty  &  well  beloved  Charles  Read  Esq. 
Greeting  we  reposing  especial  Trust  &  Confidence  in 
your  Integrity  impartiality,  prudence  and  Ability  liave 
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  Neiv  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 


17G4]        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  from  time  to  time  to  make 
such  Rules  and  (3rders  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  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  Ch^eat  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  Neiv  Jersey  in  America  with  all  and  sing- 
ular the  Rights,  Priveledges,  Advantages,  Emolu- 
ments, Salarys,  profits,  fees,  and  perquisites  to  the 
said  Ofiice  &  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  Testinioiiy  whereof  we  have  caused 
these  Our  Letters  to  be  made  Patent  and  tlie  Seal  of 
our  said  Province  to  be  hereunto  Affixed  W'/hiess  Our 
trusty  and  well  beloved  William  Franklin  Esq.  our 
Captain  General  and  Governor  in  Chief  in  and  over 
Our  Province  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 


42G  ADMINlSTEATiON   OF   GOVEKNOR   FRAIfKLlN.        [1764 

Amboy  in  our  Province  aforesaid  the  twentieth  day  of 
February  in  the  Fourth  year  of  our  Eeign  and  in  the 
year  of  our  Lord  One  thousand  seven  hundred  &  Sixty 
Four. 


Wm.  Franklin. 


Endorsed : 

Memorandum  that  on  the  21st  day  of  February  1764 
the  within  named  Charles  Read  Esq.  took  the  Oaths 
and  made  and  Subscribed  the  Declaration  appointed  by 
Law  and  an  Oath  of  the  due  performance  of  the  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  207. 


Letter  from  Governor  Franklin  to  the  Lords  of  Trade 
informing  them  of  the  death  of  Chief  Justice 
Robert  Hunter  Morris,  and  of  the  appointment  of 
Charles  Read,  Esq.,  to  succeed  him;  also  recom- 
mending Richard  Stockton,  Esq.,  to  supply  the 
tmcancij  in  the  Council. 

[From  p.  R.  O.,  B.  T.,  New  Jersey,  Vol.  9,  K.  40.] 

Burlington,  New  Jersey  Feb'^  28,  1704 

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 


17G4]        ADMINISTKATION    OF    GOVERNOR   FRANKLIN.  427 

the  27^"  of  last  Month,'  I  did,  with  the  unanimous 
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,  with  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 
Pr'ovince.  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 
cler}i;yman  of  the  parish.  On  the  evening  of  the  27th  of  January,  1754,  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  six  couples, 
and  then,  without  a  word,  or  a  groan,  or  a  sigh,  fell  dead  upon  the  floor.  "  Unhappy 
New  Jersey  has  lost  her  be.st  ornament,"  continues  Mr.  Smith;  "Franklin  has  put 
Charles  Read  in  his  place  upon  the  bench,  and  filled  up  Read's  with  one  John 
BeiTlan,  a  babbling  County  Surveyor,  not  fit  to  be  a  deputy  to  any  sheriff  in  Eng- 
land." In  1778  VVilham  Smith,  who  had  for  a  long  time  wavered,  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  ADMIlsriSTRATION    OF   GOVERNOR   FRAKKLIN.       [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  Franklin  to  the  Lords  of  Trade 
relative  to  raising  levies ;  also  to  some  acts  j^cissed 
by  the  Assembl(/,  and  to  Mr.  Ashfield'S  claim  to 
precedence  in  the  Council,  his  mandamus  being 
of  a  prior  date  to  that  of  Mr.  Ogden. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K  41.] 

Burlington  March  G,  17G4 

Right  Honourable  the  Lords  of  Trade  &  Plan- 
tations. 
My  Lords 

Agreable  to  what  I  wrote  to  your  Lordships  on  the 
SO*^**  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,  till  a  Majority  of  the  Eastern 
Colonies   should   comply  with  what   was  required  of 


1764]        ADMINISTRxVTION    OF    GOVERNOR    FRANKLIN.  420 

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 
new  one,  limiting  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  SCO  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  favour  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- 
ating 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  Yeav  following. 

Being  informed  that  your  Lordships  had  objected  to 


430  ADMINISTRATION   OF   GOVERNOU   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  liable  to  that 
Objection.  We  knew  not  here  but  that  his  Eight  to 
that  Title  was  settled  and  allowed. 

The  other  Acts  passed  at  the  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,  Esqf  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  first  named  in  all  the 
Governor's  Instructions  who  have  been  since  appointed, 
he  hopes  he  shall  not  lose  the  Rank  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  bo,  with  the  greatest  Respect, 
My  Lords,  Your  Lordships  most  obedient, 

and  most  humble  Servant 
Wm.  Franklin 


1764]        ADMINISTRATION   OF    GOVERNOE    FRANKLIN.  431 


Letter  from  Governor  Franklin  to  the  Earl  of  Halifax 
— relative  to  raising  troops,  and  enclosing  a  copy 
of  General  Gage^s  Letter  of  March  2,  1764. 

[From  P.  R.  0.,  America  and  West  Indies,  Vol.  i72  (190).] 

Burlington,  March  (>,  1704 

Right  Hon'^'^  the  Earl  of  Halifax. 

My  Lord, 

I  did  myself  the  Honour  of  widting  to  your  Lord- 
ship on  the  12"'  of  January,  acknowledging  the  receipt 
of  your  Lordship's  Letter  of  the  10"'  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  soo  Men,  which  is 
half  the  Eequisition  made  of  them,  we  shall  imme- 
diately raise  a  Battanion  of  3o(),  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  proi)ortion.  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,  tiU  they  can  be  acquainted  with 


432  ADMIJSriSTRATION    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'."  Ulmb.  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 Colden  will  have  sent  you  tlie  Certificate  required 
by  the  Act,  of  the  Numbers  raised  by  this  Province  ; 


1764]        ADMINISTRATION    OF   GOVEKNOK    FRANKLIN.  433 

which  will  come  more  properly  from  Him  than  frome 
me  ;  so  that  I  shall  not  trouble  you  with  a  Duplicate. 

There  is  the  greatest  Reason  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  hve  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  tlie  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  shown,  througliout  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  Company s  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 

Tho^  Gage 


Ldierfrovi  Governor  Franklin  to  the  Lords  of  Trade, 
trausmitting  public  papers  and  iuforining  theru  of 
a  report  that  the  Six  Nations  of  Indians  are  lik-ely 
to  render  aid  that  will  end  the  Indian,  ivarfor  this 
suniiuer. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K  44.1 

Burlington,  April  2s,  17(14 
To  the  Lords  of  Trade 

My  Lords. 

I  had  the  Honour  of  writing  to  your  Lordshi])s  the 
G^"  of  last  Month,  acquainting  you  with  the  Transac- 


434  ADMINISTRATION    OF   GOVERNOR    FRANKLIN.        [1764 

lions  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  akeady  sent  the  Gen- 
eral four  Companies  of  chosen  Men  well  equipped  for 
the  Service.  There  is  one  Company  besides  now 
stationed  on  our  Frontier,  but  liable  to  the  Orders  of 
the  General. 

If  we  may  depend  on  the  Reports  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.  266-83.  Also  the 
Ordinance  of  17;«,  lb.,  27o-9;  and  the  Ordinance  of  1735,  lb.,  387-91.— [W.  N.J 


1764]        ADMINTISTEATION    OF    GOVERNOR   FRANKLIN.  435 

within  our  Province  of  New  Jersey,  and  to  all  others 
whom  it  doth  or  may  Concern,  Greeting,  Whekeas  it 
has  been  Represented  unto  Our  Trusty  and  well  be- 
loved William  Franklin  Esq.  our  Captain  General  and 
Governoi'  in  Chief  in  and  over  Our  Province  of  Nova 
Ceesarea  or  New  Jersey  and  Territories  thereon  de- 
pending in  America  Chancellor  and  Vice  i^dmiral  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  Remedy  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  CV^urt  shall  sit  and  continue  to  be 
held  on  and  from  Each  of  the  said  days  on  which  it  is 
to  begin,  daily  and  Every  dayuntill  the  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  holden  from  the 


436  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1764 

Tuesday  (the  commencemeni;  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  Autliorize  and  Inipower  the  said  Supreme  Court 
to  have  Cognizance  of  and  to  hear  try  and  determine 
all  Pleas  Civil  Criuiinal  &  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  part  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  shaU  be  kept  by  the  Secre- 


1704:]        ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  437 

tary  xA.ppoiiited  by  his  Majesty  under  the  Great  Seal  of 
Great  Britain,  or  his  Sufficient  Deputy  at  Perth  Am- 
boy  in  the  Eastern  Division,  and  Burhngton  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  Burlington  shall 
take  Cognizance  of  such  Writs  &  Process  accordingly, 
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.  Aud  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  &  'Resi")ective 
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  Juroi's  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  be  held  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  sevei-al  Countys  of 
our  said  Province  for  the  trial  of  such  Causes  aforesaid 


438  ADMlNISTEATtON    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  Respective  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  ahuays,  and  it  is  hereby  further  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  our  said  trusty  and  Well 
beloved  William  Franklin  Esqr.  our  Captain  General 
&  Governor  in  Chief  in  and  over  our  said  Province  of 


1764]        ADMI^TISTRATIOiNf    Oh'   GOVERNOR    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  Reign  Annoq. 
Domini  One  thousand  Seven  hundred  and  Sixty  four. 

i   Locus  Sigil-    j 

^o'lTS^es-  r  Read. 

area. 


Letter  from  Secretary  Halifax  to  Governor  Franklin, 
e.vpressimj  the  King's  satisfaction  ivith  his  zeal  in 
protecting  the  frontier  settlements  of  Neiu  Jersey. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  190.] 

ST  James's  12"'  May  17<;4 

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  witli 
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  ADMINISXKATION    OF    GOVEKNOR   FRAKIvLIX.        [1?G4 


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  iit  the  several  offices  of 
Govemiment  there. 

[From  P.  R.  O.  B.  T.  Plantations  General,  Vol.  41,  Page  403.] 

White  Hall  May  28,  1704 

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  21''.^  In- 
stant, we  have  prepared,  and  herewith  beg  Leave  to 
lay  before  your  Lordsliipy,  the  draught  oi'  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  established  in  each  Govern- 
ment; to  which  we  have  added  a  Clause,  agreeable  to 
your  Lordships  directions,  requiiing  the  said  Gover- 
nors to  transmit  to  us  exact  Copies  oi"  Tables  of  all 
such  Fees. 

We  are.  My  Lords,  your  Lordships 

most  obedient  &  most  humljle  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  public  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  Keason  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  ihegal  Practices  do  not  only  dis- 
honor our  Service,  but  do  also  operate  to  the  prejudice 
of  the  public  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  all  Fees  legahy 
established  within  the  ^LSf  under  your  Government, 
to  be  affixed  up  in  every  public  office  within  your  said 
(ttO Vermont,  and  also  to  pabhsh  a  proclamation  in  our 
Name,  under  the  Seal  of  our  said  "'uuIiX,  setting  forth  tlie 
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  jiublic  Officers  whatever,  in  their  respect- 
ive Stations,  not  to  demand  or  receive  any  other  Pees 
for  public  Business  transacted  in  their  offices,  than 
what  have  been  establish VI  by  proper  Authority,  ujjou 
pain  of  being  removed  from  their  said  Ofhces,  and 
prosecuted  with  the  utmost  Severity  of  the  Law.  And 
it  is  our  further  Will  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  all  Fees  allowed  to,  or 
taken  by  each  officer  respectively  within  the  ^'[^^"llt 
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  arts  taken 
without  any  sacli  Authority. 


442  ADMIISriSTEATION    OF    GOVEENOR   FRANKLIN.        [1764 


Bepjxsentation  of  the  Lords  of  Trade  to  His  Majesty, 
proposing  Frederick  Smyth  and  James  Parker^ 
Esqs.,  Councillors  in  the  7^oom  of  Robert  Hunter 
Morris  and  Richard  Scdtar,  Esqs.,  deceased. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol  17,  p.  183.] 

Whitehall  July  31  1764 

To  the  King's  most  Excell-  Majesty. 

May  it  please  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  propose  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 


Eepresentafum  of  the  Lords  of  Trade  to  His  Majesty, 
proposhi(j  file  repeal  of  cui  act,  passed  in  Septem- 
ber, 17G2,  for  renderiyuj  void  the  lottery  lately 
made  try  Peter  Gordon,  etc. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  17,  p.  183.  | 

White  Hall  July  5.  1Y04 
To  the  King's  most  Excellent  Majesty. 

May  it  pdease  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  relieve  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  Reme- 
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  ADMIJ^ISTKATIOI^   OF   GOVERNOR   FRANKLIN.        [1764 

he  is  of  opininion  for  these  reasons,  that  this  Act 
should  not  be  confirmed.  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, 
a])proving  his  coiLduct,  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  upo7i  the  importation  of 
Negroes — Mr.  Ogden  and  Mr.  Ashfleld. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  17,  p.  185.] 

White  Hall,  July  lo,  ITtM. 
To  William  Franklin  Esq'"  Governor  of  New 

Jersey. 

Sir, 

As  most  of  the  Letters  which  we  have  lately  received 
from  You,  and  vv^hich  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  Rum, 
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- 


1764]        ADMINISTRATIOlSr    OF   GOVERNOR    FRANKLIN.  445 

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  in  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  establish  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 


'  The  Proprietaries  had  generally  maintained  an  agent  at  London,  to  look  after 
their  interests  before  the  Lords  of  Trade  and  tlie  Parliament,  iu  the  selection  of 
Governors  and  the  regulations  concerning  revenue,  etc.  Ferdinand  John  Paris 
acted  as  such  for  thirty  years  or  more,  prior  to  1759.— iV.  J.  Archives,  VI.,  424-5, 
7iote.  In  1731  the  Assembly  concluded  to  appoint  an  agent  to  attend  to  the  inter - 
est.s  of  the  people.  Mr.  Paris  was  a  candidate,  but  Richard  Partridge,  a  Quaker,  of 
fair  business  habits  but  little  force  of  character,  was  selected,  and  held  the  position 
for  thirty  years.  Governor  Morris  was  suspicious  that  he  was  more  on  the  alert 
for  tlie  concerns  of  the  Assembly  and  tlie  people  than  for  the  interests  of  the  Gov- 
ernor and  Council— Papers  of  Lcvu's  Morris,  46,  ^'20;  N.  J.  Archives,  V.,  293,  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.— Hatfield's  Elizabeth-Town,!i77;  Morris  Papers,  A&,  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— Pe)i?i.  Col.  Records,  IX.,  17.  .50.  As  the  interests  of  the  Colonies 
and  of  the  mother  country  were  now  becoming  so  diverse,  the  British  Ministry  dis- 
liked to  have  any  interference  in  London  with  their  administiation  of  American 
affairs.  In  Massuchusetts,  the  Governor  refused  to  pay  the  agents  appointed  by 
the  Assembly  to  represent  the  people  at  the  court  of  Great  Biitain,  assuming  that 
the  popular  branch  had  no  right  to  be  thus  represented  by  its  ovra  agent.— IForfcs 
of  John  Adams,  IV.,  70.— [W.  N.] 


446  ADMIKISTEATION    OF   GOVERNOR   FRANKLIN.        [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 
1762  &  1763,  we  have  been  under  the  necessity  of  i)ro- 
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 
pubHc  Services  is  of  very  doubtfuU  policy,  and  is  a 
measure  seldom  adopted  except  in  Cases  of  pubHc 

'  Jambs  Parker,  son  of  John  Parker,  of  Perth  Amboy,  was  born  1725.  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  Blayor  of  Perth  Amboy.-  Whitheead^s  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  tli&  sake  of  peace  removed  to 
Hunterdon  County.  Refusing  upon  summons  of  the  Committee  of  Safety  to  take 
tlie  oath  of  abjuration  and  allegiance,  he  was,  August  20,  1777,  ordered  to  be  con 
fined  as  "  a  person  dLsaflfected  to  the  State,"'  but  the  next  day  was  released  on  giv- 
ing security  to  "  remain  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  ill  liealth  he  was  not  actually  confined  in  jail,  but  in  "  a  private  room 
nearest  the  Court  House,"  and  on  the  last  day  of  the  year  was  permitted  to  go  home, 
on  -p&vo\e.— Minutes  of  Provincial  Congress,  etc.,  1775-6,  56,  57,  58,  103,  323;  Minutes 
of  Council  of  Safety,  1777,  98, 116, 1 17, 121, 123, 140, 161-2-3-4, 173, 182.  Nothwithstand- 
ing  liis  neutrality  during  tlie  war,  he  stood  so  well  with  his  neighbors  that  he  w,as 
warmly  m-ged  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.— Whitehead'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  Pohcy  of 
imposing  a  reasonable  duty  upon  the  importation  of 
Negi'oes,  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  hi  Case  of  re- 
exportation, it  appears  to  us  to  be  contrary  in  both 
these  respects  to  the  2()*."  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.  0.,  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    GOVERlSrOR    FRANKLIN.        [1764 


Circnlar  letter  from  tJw  Earl  of  Halifax  to  the  Gov- 
ernors in  North  America,  informing  them  that  the 
Honse  of  Commons  had  resolved  to  charye  certain, 
stamp  dnties  in  the  colonies  and  plantations. 

[From  New  York  Colonial  Documents,  Vol.  VIT,  p.  616.] 

St  James's  1],  August.  1T64 
Sir 

The  house  of  Commons  havhig  in  the  last  Session  of 
Pai'liaraent,  come  to  a  resolution  by  which  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,  Convej^ances,  Securities  of  Land 
or  money  within  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  0(j<leu  to  Coiirtlandf  Skinner,  en- 
closimj  a  copy  of  resolntions  received  from  the 
Committee  of  Correspondence  cf  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  Skiuner  Papers  among  Manuscripts  of  W.  A.  Whitehead,  Vol.  I,  No.  57.] 

Eliz.  Town  24  August  17C4 
C.  Skinner,  Esq/ 

Sir 

The  enclosed  is  a  copy  of  what  I  Rec''  from  the  Gen'" 
appointed  as  a  Committee  by  the  House  of  Represent- 
atives of  the  Colony  of  the  Massachusets  Bay,  wluch  I 
now  send  for  your  Perusal  &  advice  ;  the  affair  is 
Serious  &  Greatly  Concerns  all  the  Colonies  to  unite 
&  Exert  tlieraselves  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  ( Jhurch  in  Perth  Amboy.  He  was  edncated  for  the  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  mai-ried  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  until  the  Revolution  put  an  end  to  the  authority 
whence  it  was  derived.  In  17G1  he  was  elected  to  the  Provincial  As.sembly  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  course  had  been  displeasing  to  his  constituents  from  that  cause.  All 

29 


450  AbMINISTRATtON    OF   GOVEUNOR   FRANKLIN.       [1764 

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 
together  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  suiTounded,  consisted  in  his  being  foimd  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  the  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,  who,  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  15tli,  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  government  to  discliarge  important  trusts;  and  two  diaries  kept  by  her,  one 
for  each  country,  have  been  printed  for  private  distribution  since  her  death.  They 
each  consist  of  two  volumes  octavo,  and  are  very  interesting.  Lady  Nugent  died 
in  1831.  She  left  two  sons  and  two  daughters.— Or/ymaZ  Letters  in  the  I'ossession 
of  the  FAitor  ;  CUmtribntinns  to  the  !'JitrU/  Tlistory  of  Perth  Amhoy. — En. 


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  &  believe  me  to  be 

D  S'  Yours  Sincerely 

David  Ogden.' 


Letter  fro7)i  Joseph  Sackett,  Jr.,  to  Cortlayidt  Skinner 
in  relation  to  the  title  to  the  common  lands  belong- 
ing to  the  Island  of  Sekakus,  in  Bergen  County, 
in  the  possession  of  Edivairl  Earle. 

[From  Skinner  Papers  among  Manuscripts  of  W.  A.  Wliiteliead,  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  tlie  time 
to  be  in  Readiness.  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  tlie  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  37th  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 
C!ongress  for  the  "  faithful  and  judicious  discharge  of  the  trust  reposed  in  them." — 
Annl.  Index  to  Col.  Doctx.  of  N.  J. 


452  ADMiKI^TRATiON    OF   GOVERNOR   FRANKLIN.        [1764 

terms,  but  (as  they  say)  limits  it  to  Sekakus'  itself  by 
referring  to  Carterets  Grant  in  1607.  But  Earle  took 
possession  by  Virtue  of  the  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  1GG7  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  Rights  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 

1  For  a  history  of  the  Patent  of  Secaucus,  see  '"  History  of  the  Land  Titles  in 
Hudson  County,  N.  J.,"  by  Charles  H.  Winfield,  New  York,  1873,  130-1,  300,  304. 
The  Secaucus  Commons  were  divided  by  Commissioners  appointed  by  the  Legisla 
ture  for  the  purpose,  by  act  of  August  20,  1764.  Their  field-book  is  given  by  Mr. 
Winfield  in  the  work  quoted,  291-309.  See  also  the  entries,  2}ost,  under  dates  of 
October  2,  10,  13,  1764.— [W.  N.] 


1704]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  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  Reason  hereafter  to  accuse  ourselves  of 
neglect. 

I  am  Sir  your  Most  Obed* 
Jos.  Sackett,  Jun. 


Letter  from  Governor  Franklin  to  the  Earl  of  Halifax 
e.rprestsimj  his  thaitks  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 :  172  (100).] 

Burlington  Sept'  21,  1704 

The  Right  Honourable  Earl  of  Halifax 

Mf/  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  luy 


454  ADMINISTRATION    OF   GOVERNOR    FRANKLIN.        [17G4 

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  1  ttl"  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,  wdth  the  utmost  Respect. 
My  Lord,  Your  Lordship's  most  obedient 
&  most  humble  Servant    . 

W?  Franklin 


Opi7iion  of  Wm.  Samuel  Johnsoyi  as  to  the  oivnersliip 
of  the  common  lands  set  off  to  the  island  Sekakus, 
in  Bergen  County,  then  in  the  possession  of  Ed- 
ward Earle. 

[From  Skinuer  Papers  among  tlie  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,  or  as  the  said  Magistrates  shou'*'  have 
done. 

Quest'.  Did  tlie  Right  of  Common  belonging  to 
Sikakus  pass  to  Earle  by  the  Grant  in  Kmo  from  Bay- 
ard and  the  Execu""'  of  Veiiet,  or  not  ?  Shall  the  Instru- 
ment afterwards  by  the  same  grantors  executed  in  1076 
from  its  reference  to  Carteret's  of  3«)*'^  of  OctV  1607  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    GOVERNOU   FRANKLIN.  455 

longing  to  Sikakus  to  be  aparted,  to  the  heirs  of  Bayard 
&  Veiiet,  the  original  Patentees,  or  to  their  assignees, 
the  s'^  Earl  his  heirs  or  Assignees  ? 

Answ''  The  freeholders  of  Bergen  being  incorporated 
by  Gov'"  Carteret's  Charter  in  KJOS,  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  ai)prehend 
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  use  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  Granters,  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  Allotments  &  Estates 
whoever  therefore  now  owns  a  freehold  in  Bergen  tho 


45G  AD3IINISTRATI0N    OF   GOVERNOR   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  Eight  to  have  a  portion  of  those  Lands  Divided  to 
him  according  to  his  freehold  allotment  and  Estate, 
the  present  Proprietor  of  Sikakns,  I  conceive  there- 
fore is  intitled  to  the  proportion  of  Commons  which 
must  be  aparted  to  that  Freehold,  and  it  ought  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  a^^purtenant 
thereto,  I  am  further  of  opinion  (on  that  Supposition) 
that  the  S''  Eight  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  Eight  and  Interest  as  the  S''  Island 
hath  been  Possessed  by  the  S''  Executors  and  the 
afores''  Bayard,  which  woi'ds  are  Sufficiently  Compre- 
hensive to  include  such  Eight  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 
Eight  whatever  it  was.  Nor  ought  the  S''  words  I 
conceive  to  be  Understood  as  meaning  only  the 
Meadows  Creeks  &c  (as  some  may  perhaps  at  first 
View  imagine)  because  the  Meadow  thereunto  belong- 
ing and  all  the  appurtenances  of  Sikakus  in  their  f uU 
extent  according  to  the  Patents  from  GoV  Stuyvesant 
and  Gov  Carteret  are  mentioned  before  in  the  Same 
Grant,  the  antecedent  particular  descrijition  of  Sikakus 
therefore  including  the  Meadows  Creeks  &c.  The  S*^ 
latter  general  Words,  transferring  a  farther  Eight  & 
Interest  may  not  be  Construed  to  relate  thereto  but 
can  be  answered  only  by  the  Eights  Privileges  and 


1764]        ADMINISTRATION    OF   GOVERNOR    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  1673  Eaiie  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  pa,id  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  proi)riety  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  li'!  1764. 


458  ADMINISTliATION    OF   GOVERNOR   FRANKLIN.        [17G4 


Letter  from,  Ooveraor  Frankliii,  to  the  Lords  of  Trade, 
in  answer  to  their  Lordship's  Letter  of  the  ISth  of 
Jidy  last,  relatwe  to  the  Assetnbly,  the  agent,  and 
two  acts  passed  in  that  Province. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  55.1 

Burlington,  New  Jersey,  Oct'  4,  17G4. 

Right    Honourable    the   Lords  of  Trade  and 
Plantations 

Mij  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    GOVERNOR    FRANKLIN.  459 

to  disapprove,  as  being  contrary  to  the  2<ith  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  all  the  Officers  in  the  Goverument  Remarks 
on  the  Plan  for  regulating  the  Indian  Trade — And  the 
Custom  House  Accounts. 


Letter  from  Governor  Franklin  to  the  L^ords  of  Trade, 
relating  to  a  comjilaint  made  by  Captain  Kennedy 
against  an  act  making  partition  of  the  common 
lands  of  Bergen  and  enclosures. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  56.] 

Burlington  Oct-'  1(>,  17G4, 

Right   Honourable  the   Lords  for  Trade  and 

Plantations. 
My  L^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  Si.  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.  Kennedy\s  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  son  of  a  prominent  citizen  of  New  York— Archi- 
bald Kennedy,  a  lawyer,  Receiver-General  of  tlie  Province,  1732-54;  member  of  the 
Council,  1739;  Pi-esident  of  that  body  in  1757;  Collector  of  New  York  in  1758,  etc.— 
N.  Y.  Hist.  MSS.,  II.,  475,  5.39,  616,  678,  etc.  In  1734  he  acquired  three  hundred  and 
eighty-three  acres  of  land  at  Bergen,  being  part  of  what  was  formerly  called  the 
West  India  Company's  farm.  Dying  June  14,  1763,  he  left  two-thirds  of  the  farm 
to  his  sou,  Archibald,  and  one-third  to  his  daughter,  Catharine,  who,  in  1765,  sold 
her  interest  to  her  brother.  Tlie  property  was  in  litigation  until  1804,  when  a  com- 
promise was  eSected.—WinfiekVs  Land  Titles  of  Hudson  County,  134;  Winfield's 
Hist.  Hudson  County,  303-14.  The  younger  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.  Bj'  her  he  acquired  large 
estates  in  New  Jersey  and  New  York.  In  1769  he  mamed  Anne,  daughter  of  John 
Watts,  of  New  York,  who  was  also  very  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  houses  in  the  city. 
For  this  he  was  superceded.— iV^.  Y.  Col.  Docts.,  VII.,  793,  831.  Being  suspected  of 
sympathy  with  the  British  cause  he  was  arrested  on  the  order  of  the  Comicil  of 
Safety  in  1778,  and  ordered  to  remove  to  Sussex,  but  was  subsequently  permitted  to 
resume  his  residence  at  Petersboi'ough.  In  1793  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  mpst  noted  in  that  city  for  its  historic  associa- 
tions.—IFm/ieWs  Hudson  County,  312-13;  Mrs.  Lamb's  Hist.  N.  Y.,  655,  671;  Old 
New  York,  by  Dr.  J.  W.  Francis,  1858,  15:  N.  Y.  Col.  Docts.,  VH.,  823.  The  Bergen 
common  lands  was  divided  by  commissioners  appointed  by  the  Legislature  in  1765. 
Their  field-book  forms  the  basis  of  Mr.  Winfleld's  admirable  "  Land  Titles  of  Hud- 
son county."— [W.  N.] 


17(34]        ADMINISTRATION    OF   GOVERNOR   FRANKLIN.  4(JL 

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  truely  a  pri- 
vate Act  &  therefore  insisted  upon  having  a  Suspend- 
i7ig  Clause  added  to  it,  &  should  have  done  the  same 
by  the  Bergen  Act,  if  it  had  not  been  represented  to 
me  as  totally  different.  I  have  tlie  Honour  to  be, 
with  great  Eespect, 

My  Lords  Your  Lordships 

most  obedient  &  most  humble  Servant 

W"  Franklin 


Letter  to  the  Right  Hon^''^  the  Earl  of  Halifax, 

from  Governor  Franklin — relative  to  Uapt. 

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  fincdly  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  iutitled  to  tlie  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  unjust,  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 


462  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  hurtfull  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  have  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. 


176-4]        ADMIKISTRATION    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  Jndge 
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"?  C.  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,  Esqi:  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  17(34 

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 Proi)ortions  among  those  who  shall  be  adjudged  by 
the  said  Commissioners  to  be  entitled  to  the  same." 

1'*  That  a  large  Number  of  the  Owners  and  Claimers 
of  the  Commons  of  Bergen  petitioned  tlie  Asseml)ly  to 
pass  the  above  mentioned  Act,  in  May  ITr.P). 

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  tlie  ticvt 
"Sitting  of  Assembly,  provided  Publick  Notice  of  the 
"  Application,  &  this  Order,  he  published  in  one  of  the 
' '  Neio  York  Gazettes  at  least  Six  Weeks  before  the 


464  ADMINISTRATION    OF   GOVEENOR   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  sevei^al  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  T*?*  of  December  it  passed  the 
Council,  &,  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  t,hereof  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  Continent,  without  a  sus- 
^ pending  Clause :  That  all  that  had  been  thought 
'  necessary  in  such  Cases,  was,  the  complying  witli  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 


1764J        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  4G5 

"  Thafbjj  reason  of  the  ^wesent  uncUvided  State  of  the 
"  Coinmo}ts,  great  and  unnecessary  Waste  is  dayly 
"  committed  by  destroying  the  Timber  growing  on  the 
"  same,  by  which  means  if  not  j^r evented  by  a  speedy 
"  Partition  of  the  said  Commons,  they  ivill  be  rendered 
'^  of  little  Value  and  the  Township)  of  Bergen  be  re- 
"  duced  to  great  Distress,  for  want  of  Timber  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- 
^'  vat e  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. 

T.  That  the  Commissioners  are  Gentlemen  of  Abil- 
ity &  unblemished  Rei)utation  ;  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  disinterested,  and  are  upon  Oath  for 
the  due  Execution  of  their  Trust. 

8.  That  neither  Governor,  Councilor  Assembly  were 
any  way  interested  in  the  affair,  or  had  any  othei"  mo- 
30 


466  ADMINISTRATION"   OF   GOVERNOR   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  Eights. 

9.  That  it  was  provided  in  the  Act,  that  the  Com- 
sioners  previous  to  any  Partition  of  the  said  Common 
Lands,  should  give  at  least  fow^  Weeks  public  Notice 
in  the  New  York  News  Papers  ;  and  after  they  had 
made  a  General  Partition,  they  were  obliged  to  give 
Twelve  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  passiiig  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  hkewise 
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 


1764]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  4G7 

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  ai-e  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  wdienever 
that  happens  it  will  be  impossible  to  find  Commission 
ers  whose  Integrity  and  disinterestedness,  &  abilities 
for  that  employment  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  publick,  as  well  as  to  Individuals,  the  Owners  of 
the  Common  have  the  fullest  Reliance  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".'  1YG4 

Si7^ 

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 

poratioii  of  Bergen  for  the  division  of  their  Common 
Lands,  which  otherwise  would  have  been  in  a  few 
years  totally  destroy'd  by  wicked  Persons  having  no 
Eight  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  which  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  UngratefuU,  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  Freeholders  of 
Bergen,  as  well  as  in  support  of  my  own  Riglit,  One 
of  the  Acting  Persons  in  procuring  the  Law  and  know- 
ing tlie  (mly  Motive  Your  Excellency  could  have  in 


1764]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  -109 

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  L()cation  of 
the  Common  Lands  but  Ca})'  Kennedy,  who  it  seems 
holds  an  Estate  in  that  Corporation  under  some  par- 
ticular Circumstances,  which  the  Cleutlemen  Commis- 
sioners have  not  thought  Intituled  to  a  share  of  tlie 
Common  Lands,  and  therefore  liave  Exclud(Ml  liim, 
This  it  seems  has  given  great  Umbrage  to  that  (lentle 
man  which  I  am  extremely  sorry  for,  in  so  much  that 
he  has  publickly  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 
Certam  Knowledge  lie  was  as  Anxious  as  any  one  of 
the  Parties  that  it  shoidd pass,  and  when  done  that  it 
should  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  Clentle- 
inan  for  whom  I  have  a  very  great  Regard,  and  Inti- 
macy with,  (therefore  mean  this  only  among  Ourselves) 
nor  do  I  believe  he  would  Attehii)t  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  ADJirNTSTRATION    OF    GOVERNOE    FRANKLIN.        [1764 

N°  3. 

A  Letter  to  Gov?"  Franklin  from  John  Berrien 
Esq!"  Third  Judge  of  the  Supream  Court  of 
New  Jersey,  &  one  of  the  Commissioners 
for  the  Division  of  Bergen. 

Rocky  Hill  Sep*  14*-^  1764 
>S'.'- 

I  returned  the  Evening  before  last  from  Bergen, 
where  the  Commissioners  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  there  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  bim  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  tliat  Law  Repealed, 
which  I  conceive  to  be  very  uuyeneroiis  m\(\.  preposter- 
ous in  him,  as  I  have  been  Credibly  informed  that  he 
was  very  anxious  as  ivell  as  aiding  and  Assisting  to 
have  it  done.  W  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]        ADMINISTRATION    OP    GOVERNOR   FRANKLIN.  471 

to  acquaint  Your  Excellency,  I  am  informed  that  Cap- 
Kennedy  says  Lord  Halifax  M''  Greenville  M'-  Hunter 
and  S'-  Charles  Hardy  are  his  particular  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  Expose  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  Comphments  and  much  Due 
Regard  Your  Excellencys 

Most  Obedient  and  very  Humble  Serv^ 

John  Berrien 
To  His  Excellency  William  Frankhn  Esq-' 

A  Letter  to  Govr  Franklin,  from  W""  Bayard 

Esq^ 

New  York  October  V^  1764 
Sir 

I  am  now  to  acknowledge  the  Receipt  of  Your  Ex- 
cellencys favour  the  11)"'  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  sliow  me  the 
Letter  he  had  wrote  to  Lord  Halifax  on  the  Subject, 
In  which  I  can  with  great  pleasure  inform  yon,  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  tbe  same  as  being  unprecedented. 
And  further  I  asked  him,  if  he  was  not  Co)Lvinced  that 
you  could  have  had  no  indention  in  passiwj  that  Law, 
hut  in  doing  a  Fublick  Good  to  the  Petitioners,  to 


473  ADMINISTRATION    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  Common  Justice  to 
you,  he  should  inform  his  Lordship  in  his  next  Letter, 
that  he  had  no  Complaint  against  your  Excellency  on 
that  Account,  on  which  we  parted  ;  so  that  your  Ex- 
cellency may  ivrite  this  as  Coming  from  Cap-  Kennedy, 
thro'  me,  if  you  think  Necessary,  of  which  there 
should  be  no  delay  as  Cap^  Kennedy's  papers  went  f? 
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  Woukl  give  me  greater  Con- 
cern than  that  that  should  be  the  Case,  well  knowing 
your  only  motive  was  that  of  the  publich  Good,  ivhich 
Tendency  it  Certainly  will  have.     I  am.  Sir, 

Your  Excell''^  Most  Ob^  Hble  Serv* 

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  Wilham  Franklin,  Esq' 

N  5. 

Deposition  of  W"'  Bayard  Escf.  Ijefoj-e  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,  pei'sonally  appeared  before  me  John 
Cruger  Esq'  Mayor  of  the  said  City,  and  being  duly 
sworn  upon  the  Holy  Evangelists  of  Almighty  God, 
saith,  Tliat  being  one  of  the  principal  Proprietors  of  a 
Township  in  New  Jersey  commonly  called  Bergen,  and 


1764]        ADMINISTRATION    OF   GOVERNOR   FRANKLIN.  473 

interested  in  an  undivided  share  of  the  great  Common 
Lands  of  that  Township  laying  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  Proprietoi's.  That  he  is  well  assured  that  Law 
was  earnestly  desired  hy  the  Proprietors  in  General, 
and  actually  petitioned  for  in  the  General  Assembly. 

That  the  Commissioners  appointed  by  it,  ai-e  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 — 
Tliat  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  Conniions 
was  due  to  it— And  further  the  Deponent  saith  not. 

W;  Bayard 

Sworn  the  S!i'  day  of  Oct'  1T(')4  before  me 

John  Ckuger 


474  ADMINISTRATION   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  Reasons 
would  be  unintelligible  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  W  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  Avas 
in  y*"  Possession,  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    GOVERNOR   FRANKLIN.  475 

connected,  disinterested,  free  of  every  possible  Byas 
from  private  Views — If  they  were  wrong  Hnmanum 
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  loant  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  conceiii'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  Ofllce,  Trenton,  fol.  394.] 

George  the  Third  by  the  Grace  of  God  of  Great  Brit- 
ain France  and  Ireland  King  Defender  of  the  Faith 
&c.  To  our  Trusty  and  well  beloved  Frederick  Smyth 
Esquire  Greeting  We  Peposing  especial  Trust  and 
Confidence  in  Your  Integrity  impartiality  Prudence 


'  Judfje  Smyth  was  probably  of  the  Smyth  family  of  Perth  Amboy,  several  of 
whom — notably  John  and  Lawrence — occupied  various  positions  of  prominence  in 
the  Province  from  an  early  date. — WhiteheacVs  Perth  Amboi/,  passim.  The  Judge 
himself  occupied  from  17(J6  to  1771  the  Proprietaries'  "'  government  house"  at  Perth 
Amboy,  where  now  stands  what  was  formerly  the  "  Brighton  house,"  at  present  a 
home  for  retired  Presbyterian  clergymen.— 76.,  260.  He  was  a  vestrjnnan  of  St. 
Peter's  ( 'luu-ch  in  that  town  in  1774.— 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  attaching  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  currenc3',  equivalent  to  but  £120  sterling.  (See  j)ost,  under  dates 
of  November  12,  17G4,  and  April  12,  1767.)  The  young  (_!hief -Justice  does  not  appear 
to  have  made  much  impression  m  the  administration  of  the  duties  of  his  high  and 


476  ADMINISTEATION    OF    GOVERNOR    FRANKLIN.        [1704 

and  Ability  Have  Assigned  Constituted  and  appointed 
And  we  do  by  these  presents  Assign  Constitute  and 
appoint  you  the  said  Frederick  Smytli  to  be  onr  Cliief 
Justice  of  and  in  Our  Province  of  Nova  Ceesarea  or 
Netu  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 
Repugnant  to  the  Laws  and  Statutes  or  that  part  of 
our  Kingdom  of  Great  Britain  Called  Englaud,  and 
according  to  such  Laws  and  Statutes  of  our  said  King- 


responsible  office,  and  evilently  was  anxious  to  be  on  {?ood  terms  witli  tlie  attor- 
neys wlio  practised  in  liis  court.  VVliile  firm  and  consistent  in  liis  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  l'J-20, 
1765.)  Nevertheless,  the  Chief-Justice  naturally  deprecated  any  resort  to  violent 
measures,  and  when  the  zealous  patriots  of  Cumberland  county,  on  the  night  of 
November  22,  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 
tium.— History  of  the  First  Setllement  of  Salem,  in  West  Jersey,  by  Robert  G. 
Johnson,  Philadelphia,  1839,  123-5;  Hist.  Cumberland  County,  by  L.  Q.  C.  Elmer, 
Brldgeton,  18U9,  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  iieo]ile 
to  beware  of  the  "real  tyranny"  at  their  doors,  as  more  to  be  dreaded  than  the 
^^  imaqinary  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  Governoi- 
Franklin  at  Fort  Stanwix,  when  the  western  frontier  was  adjusted  with  the  In- 
dians.—iV.  Y.  Col.  Docs.,  VIII.,  113,  137.  In  1773  he  sat  vnth  the  commissioners  at 
Newport,  R.  I.,  to  investigate  the  burning  of  the  British  schooner  Gaspee,  by  a 
party  of  Rhode  Island  Whigs.— jffisi.  American  Revolution,  by  William  Gordon, 


1764]        ADMINISTRATIOK    OP   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  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  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  like  Cases  in  our  Courts  of 
Kings  Bench,  Common  Pleas,  and  Exchequer  in  our 
Kingdom  of  Great  Britain.  To  have,  /ioM 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  To(/e^//t^/- with  all  and 
singular  the  Rights  Profits  priviledges  and  Emolu- 
ments unto  the  said  j^lace  belonging  in  as  full  and 
Ample  Manner  as  any  other  Persons  hath  formerly 
held  or  of  Right  ought  to  have  lield  and  Enjoyed  the 
same  In  Testimonij  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  C-ap- 
tain  General  and  Governor  in  Chief  in  and  over  our 
said  pi'ovince  of  New  Jersey  and  Territories  thereon 
depending  in  America  Chancellor  &  Vice  Admiral  in 
the  same  &c.  at  our  City  of  Bnrhngt(^n  in  our  Prov- 


D.  D.,  New  York,  1789,  I.,  ai8-19;  Historical  Notes,  etc.,  ))y  William  Giimtli,  iiur- 
lington,  1836,  261.  Havirif?  been  appointed  a  mcniljer  of  the  Council  at  the  same 
time  that  he  receivcil  his  coramis.sion  of  Chief-Justice,  in  1764,  he  attended  the  ses- 
sions of  that  body  until  November,  1775.— 3li)tutcs.  "His  reputation  as  a  judge 
was  highly  respectable."— Prov/wciai  Courts  in  Nvw  Jersey,  by  Richard  S.  Field, 
New  York,  1849,  181.  "  In  1776,  when  the  Whigs  assumed  the  direction  of  the  gov- 
ernment, he  retired  to  I'hiladelphia.  In  1779,  Ik;  was  informed,  by  direction  of 
Lord  George  Germain,  that  it  was  impossible?  for  tin;  Ministry  to  compensate  Loy- 
alists to  the  extent  of  tlieir  losses,  but  yet,  that  an  allowance  of  MM  would  l)e  con- 
tinued to  him.  He  died  at  Philadelphia,  in  1815,  aged  eighty-three."— -S«6m(^'« 
Loyalists.  11.,  319  20.— |  VV.  N.  | 


47S  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1764 

ince  aforesaid  the  seventeenth  day  of  October  in  the 
fourth  Year  of  our  Eeign,  Annoque  Domini  One  thou- 
sand seven  hundred  and  Sixty  Four. 

1  Gi-eat  Seal    j 

I  of  the       f 

<  Province     V 

)  of           1 

I  New  Jersey  1 

*,___  * 

[Endorsed.]  Be  it  remembered  that  on  the  Gth  day 
of  November  1Y64  the  within  named  Frederick  Smyth 
Esq.  took  the  oaths  and  made  and  subscribed  the  Dec- 
laration appointed  by  Act  of  Parhanient  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,  comjplained  of  b//  Captain  Kennedy. 

[From  p.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  57.] 

Burlington,  New  Jersey,  Oct"^  13,  1TG4 

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  estabhshing  Fees,  which  was  con- 
firmed by  the  Crown  on  the  23''  of  November  1749  it 
is  expressly  provided,  that  ' '  no  Bill  be  called  a  private 
^^  Bill  which  concerns  a  County,  Town,  or  Precinct." 
As  the  Act  in  question  concerns  the  whole  Township 


n04]        ADMINISTRATIOX    OF   GOVERNOR    FRANKLIN.  479 

of  Bergen,  it  cannot,  consistent  with  the  Law  above- 
mentioned,  or  indeed  with  any  Propriety,  be  consid- 
ered as  a  private  Act. 

The  Parh anient  of  England  passed  a  Law  a  few 
Years  ago  for  dividing  the  Lands  belonging  to  the 
London  Company,  in  New  Jei'sey  &  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  & 
Improvement. 

I  am,  with  the  greatest  Pespect, 

My  Lords,  Your  Lordsliips  most  obedient, 

&  most  humble  Servant. 

W  Franklin 


Letter  from  Governor  FrankJiu  to  Secretary  of  State 
the  Earl  of  Halifax,  inclosing  the  Attorney  Gen- 
eraVs  list  of  the  instntviei/ts,  etc.,  made  n,se  of  in 
New  Jersey,  and  the  Secretary's  Observations 
thereupon. 

[From  P.  R.  0.,  America  and  West  Indies,  Vol.  173  (190^] 

BuRiJNGTON  New  Jersey,  Oct'  2S,  1T(')4 
The  Right  Honourable  the  Earl  of  Halifax 

My  Lord 

I  take  the  first  O])portunity  of  transmitting  to  your 
Lordshi}),  the  Attorney  Gonorars  List  of  the  Instiu- 
ments,  &c  made  use  of  in  this  Province,  togetlier  with 


480  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1764 

the  Secretary'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  Respect, 
My  Lord,  Your  Lordship's 

most  obedient  &  most  humble  Servant 

W?  Franklin 


List  of  Instruments,  &g  made  use  of  in  the 
Province  of  New  Jersey,  drawn  up  by 
His  Majesty's  Attorney  General  of  said 
Province. 

Oct.  27,  17<;4 

In  the  Preroijative  Office. — 

Probate  of  Wills,  Letters  of  Administration,  Quietus, 
Marriage  Licences,  &  Bond  thereupon.  Exemplifica- 
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  <Sc  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   GOVEENOK   FRANKLIN.  481 

Court  of  Chancer^y — 

Bills  and  Answers,  and  all  the  usual  Pi'ocess,  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  Reconnnendation  from  the 
Judges.— All  the  Proceedings  in  this  Court,  except 
the  Declar:  are  on  Parchment. 

In  the  Inferior  Court. 

We  use  a  Capais  AP  &  Pluries,  Bail,  C^ommon  & 
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  Stnall  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 

Bi  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,  &  after  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  C^ourt. 

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. 

Instrmnents  of  Conveyancing  &  Securitys  for  Lands 
&  Money,  Wills,  Powers  of  Attorney,  Deeds  hidented 
&  PoU,  Leases,  Releases,  Bonds,  Bills,  Mortgages  of 
Lands,  BiUs  of  Sale  &  Grants  of  Cliattels,  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  would  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. 


17(54]        ADMINISTRATION    OF   GOVERNOR   FRANKLIK.  483 

The  Fees  of  the  Custom  House  are  always  collected 
with  Difficulty  from  the  Small  Craft,  &  caunot  bear 
any  Charge. 

BiUs  of  Lading  are  omitted,  of  which  great  Quantities 
are  used  in  the  Colonies. 


Letter  from  Jaines  Parker  to  Governor  Fraiilclin,  ac- 
kuowledgmg  the  receipt  of  His  Majesty's  Manda- 
mus to  be  one  of  the  Council  of  New  Jersey. 

[From  the  Skinuei-  Papers  amone:  Maiiascripts  of  W.  A.  Wliitehead,  Vol.  1,  No.  58.] 

P.  Amboy  October  [1704] 

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  Even- 
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  faithfuU  dischai'ge 
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  Pakker. 


484  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1764 


Letter  from  Governor  Franldin  to  the  Secretary  of 
State,  the  Earl  of  Halifax,  in  relation  to  illicit 
trade  in  New  Jersey. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  173  (190).] 

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  which  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  sell  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  Respect, 
My  Lords,  Your  Loixlships  most 

obedient,  &  most  liumble  Servant 
W."  Franklin 


17G4]        ADMIKISTKATION^    OF    GOVERNOR    FRANKLIN".  485 


Letter  from  Governor  Franklin  to  the  Secretary  of 
State,  Earl  of  Halifax — relative  to  ineasures  pro- 
posed hy  the  Postmaster-General  for  improving 
Correspondence  between  the  several  Colonies. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  17'J  [190).) 

Burlington,  Nov''  s,  ITO-i 
Right  Honble  Earl  of  Halifax 

My  Lord 

I  had  the  Honour  of  receiving  your  Lordship's  Lettei' 
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  Genei'al  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 


48G  ADMIN"ISTRATION    OP    GOVERKOR   FRANKLIN.        [17G4 

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  Eespect, 

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.  173  (190).l 

Burlington,  Nov"^  12,  1704 
The  Right  Honorable  the  Earl  of  Halifax. 

My  Lord 

I  have  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;  tliough  I  have 
procured  Fifty  Pounds  p'  Annum  to  be  added  to  it 


1764]        ADMINISTRATION    OF    GOVEPvNOR    FKANKLIN.  487 

since  my  Administration.     I  shall  do  all  in  my  power 
to  have  it  still  furthei'  augmented,  and  am  not  without 
Hopes  that  I  shall  be  able  to  succeed  in  my  Endeavors 
for  tliat  Purpose. 
I  have  the  Honour  to  be,  with  the  utmost  Respect, 
My  Lord,  Your  Lordsliips  most  obedient 

*Sz  most  humble  Servant 
W  Franklin. 


Letter  from  John  Poumal  to  Governor  Franklin,  en- 
dosing  an  order  for  repealimj  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.  1T<;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  repealing  an  Act  passed  in  the 
Province  under  Your  Government  in  Sep-  ITO;^  En- 
tituled, 

An  Act  for  rendering  void  the  Lottery  lately  made 
by  Peter  Gordon  foi"  the  sale  of  certain  Lands  lying  in 
the  County  of  Middlesex,  and  to  relieve  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  ADMINISTIIATION    OF    GOVERNOE   FRANKLIN.        [1765 


Letter  from  Governor  Franklin  to  Secretary  of  State, 
the  Earl  of  Halifax,  enclosing  a  petition  from  the 
principal  possessors  of  the  islands  i7i  tJie  River 
Delaivare,  praying  to  be  annexed  to  tlie  Province 
of  Neiv  Jersey,  and  his  remarks  upon  tJie  same. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  172  (190).] 

Burlington,  New  Jersey,  Feb"/  21  17G5 
Right  Honble  E.  of  Halifax 

My  Lord 

I  have  the  Honour  to  transmit  to  your  Lordship,  a 
Petition  to  His  Majesty  in  Council,  which  was  delivered 
to  nie  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  not  with  stand 
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  desirous   to   receive 


1705]        ADMINISTRATION    OF    GOVEUNOH   FRANKLIN.  489 

Grants  of  Confirmation  from  the  Crown,  and,  on  that 
Condition,  they  are  wilhng  to  have  their  Lands  suh- 
jected  to  any  Quit  Rent  which  shall  be  thought 
reasonable. 

I  doubt  not  but  that  they  might  be  easily  brouglit  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  sufticient  for  the  Civil 
Establishment  of  this  Province. 

Now  as  the  Crown  has  no  Revenues  arising  in  this 
Government,  out  of  which  the  Salaries  of  its  Officers 
can  be  paid,  and  as  they  are  rendered  dependant  on  the 
Assembly  for  their  Suljsistence;  I  submit  it  to  your 
Lordship's  Consideration  whether  it  may  not  bo  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  Statioji. — The  Salaries  both  of 
Governor  and  Chief  Justice  have,  'tis  true,  been  aug- 
mented since  my  Arrival,  but  they  still  bear  no  Pro- 
portion to  the  encreased  Expense  of  Living  in  America. 

It  was  the  Purpose  of  M'  Chief  Justice  Smyth  and 
myself  to  have  presented  a  Memoi'ial  to  your  Lordshi]), 
praying  your  Intercession  with  his  Majesty  to  .have  us 
rendered  more  independent  of  the  Assembly,  by  grant- 


490  ADMINISTRATION    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  Governments  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 

W^  Franklin 


Letter  from  Governor  Franklin  to  the  Lords  of  Trade, 
informing  them  that  the  Assembly  had  (/ranted 
bounties  for  raising  hemp,  and  for  the  culture  of 
silk ;  also  containing  remarks  on  an  Act  lately 
passed  there,  for  regulating  the  j)ractice  of  the 
Laiv. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  0,  K.  58.] 

Burlington,  New  Jersey,  8^"  Aug'*  1705 

To  the  Lords  of  Trade.- 

My  Lords 

I  have  the  Honour  to  transmit  to  your  Lordships 
the  Minutes  of  Council,  and  the  Acts  passed  at  the 
late  Sessions  of  the  General  Assembly  of  this  Province. 


1T65]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  401 

The  Sessions  prov'd  a  very  amicable  one,  &  no  less 
than  ;15  Acts  were  passM,  the  most  ever  known  to  have 
been  passed  at  any  one  Time  within  this  Colony. — I 
prevailed  on  the  Asseml)ly  to  grant  some  Bounties  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  Roads,  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  Diminisli  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  theii*  Profession,  to  the  great 
Injury  of  many  of  the  Inhabitants,  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  C-onfirmation) 
have  to  urge  in  its  Favour. 

Nothing  extraordinary  has  occur'd  since  my  last 
Letter  to  your  Lordships.  The  ntniost  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  liumble  servant 

W"  Franklin 


493  ADMINISTRATION"    OF   GOVERNOR   FRANKLIN.        [1705 


Letter  from  Secretary  Conway  to  Governor  Franklin, 
relative  to  the  petition  from  the  2wincipal  possess- 
ors of  the  islands  in  the  River  Delatvare. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  190.] 

S^  James's,  Sept":  14"'  ITHS. 

Governor  Fanklin. 

Sir, 

Yours  of  the  2P.'  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  aiu  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  deserving  of  such  Marks  of 
Favoui'  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 

Rt.  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 
Respects  &  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  establishing  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    GOVERNOE   FRAKKLIN.        [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  Seiwant 

W?  Franklin 


Letter  from  Gov-  Franklin  to  Gen'  Gage. 

Burlington  Sept'  14,  17G5 
Sir 

The  Person  appointed  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- 


I 


1765]       ADMINISTRATION    OF    GOVERNOR    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  wiU  be  their  Opinion  that  the 
Stamps  shouki  be  plac'd  in  the  Barracks  in  this  City, 
under  a  Guard,  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 
()()  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  IG.  17«J5 

His  Excellency  Gov^  Franklin 

Sir 

I  have  the  Honour  of  your  Letter  of  the  14V'  Instant, 
and  take  the  earliest  Opportunity  of  informing  you, 
that  you  may  depend  upon  the  Aid  of  the  Military 
that  you  demand,  &  seem  to  tliink  necessary  for  the 
Preservation  of  good  Order  in  the  Province  of  New 
Jersey. 

The  Troops  are  at  present  a  good  deal  dispersed,  but 


496  ADMINISTRATION    OF   GOVEENOK   FRANKLIN.        [1795 

I  shall  give  Orders  for  their  being  immediately  assem- 
bled, and  One  hundred  Men,  with  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  2(»,  1764. 

To  S.  White,  Es(i'- 
Sir, 

Yours  of  the  s*^  Instant  came  opj^ortunely  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, 
thi'ough  you,  the  General  Court  of  the  Massachusetts, 
That  though  they  are  not  without  a  just  Sensibility 
respecting  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.  407 

Letter  from  William  Coxe,  Esqy  (appointed  Dis- 
tributor of  Stamps  for  New  Jersey)  to  Gov- 
ernor Franklin. 

Philadelphia  Se])t'  '',   1765. 

To  His  Excellency  Gov':  Franklin. 

Sir, 

I  think  it  incumbent  upon  me  to  acquaiut  your 
Excellency,  that  on  my  Return  from  New-Jersey, 
on  Sunday  last,  I  came  to  a  Resolution  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  i)roper  Person  to  re- 
ceive them,  but  I  think  it  most  probable  my  Letters 
may  arrive  in  England  befoi'e  any  Commission  or 
Stamps  are  sent  away. 

I  am,  Sir,  Your  most  obed'  Servant 

Will:  Coxe 


Gov'"  Franklin's  Answer  to  the  above. 

Burlington,  Septra,  1705 
W^  Coxe  Esq. 

Sir, 

I  received  yours  of  Yesterday,  acquainting  me  with 
your  having  resigned  tbe  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  ADMIXISTKATIOX   OF   GOVERNOR   FRANKLIX.        [17G5 

the  other  Colonies,  but  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  Obedience  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  inipowered  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  prevented  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* 
Vf "  Franklin 


1765]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  499 


Letter  from  Governor  Franklin  to  the  Lords  of  Trade, 
relative  to  the  ferment  among  the  people  of  America 
in  (/eneral,  with  respect  to  the  Stamp  Act. 

[Prom  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  49.] 

Burlington,  New  Jersey  Oct'"  1<>,  1705 
Sir 

I  wrote  to  your  Lordships  the  S*.''  of  August  acquaint- 
ing 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 
I'each  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  StampVl  Papers  for  this  Province,  on  their 
Arrival  in  America,  becomes  my  Duty,  [I J  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  Copy  of  the  Minutes  contahiing  their  Advice  on 
the  Occasion  I  send  herewith.  All  the  Precautions 
therein  recommended  were  directly  taken  ;  and  I  have 


500  ADMINISTRATION    OF    GOVEKNOR    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  Colde7i  to  Secretary  Conway. 

[From  New  York  Colonial  Documents,  Vol.  VII.,  p.  707.] 

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 


1705]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  501 

examined  the  Post  Ridei's  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  inquiry  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  vv^ith  the  greatest  respect  and  submission 
Sir,  Your  most  obedient  and  faithful  Servant 

Cadwalladek  Colden 

R'  Plon'''^^  Henry  S.  Conway  Esq' 


Letter  from  Hon.  H.  S.  Coniray,  Under  Secretary 
of  State,  to  Governor  FrankUn,  commenimg  upon 
the  proceedings  of  the  Colonies,  and  authoriziuf/ 
him,  if  necessary,  to  call  upon  tJie  Coinrnander  of 
the  land  and  naval  forces  for  assistance. 

[From  a  ( 'opy  iu  tlie  Skinner  Papers  among  the  Maiiuscn'iJt  of  W.  A.  Whitehead, 
Volume  I.,  No.  78.] 

St.  James,  21th  October,  17<)5. 
Sir 

It  is  with  the  Greatest  Concern  tliat  his  Majesty 
learns  the  disturl)ances  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  ADMINISTRATION^    OF   GOVERNOR   FRANKLIN.        [1766 

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 
Country,  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  part  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  public 
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  wiU  in  tlie  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  TranquiHty  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  ai:>plication  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  Bi'itish  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  Relief,  But  it  is  not  Suitable  Either  to  tlie  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    GOVEENOR    FRANKLIN'.        [1765 


Representation  from  the  Bishop  of  London  to  the 
Lords  of  Trade  desirifig  their  instructions  to  the 
Governor  of  Neiu  Jersey,  that,  for  the  future, 
marriage  licenses  7nay  he  directed  only  to  a  Prates- 
tayit  minister  of  the  Gospel  there. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K  48.] 

Nov.  12.  1765 
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 
LaMT  the  Licences  for  Marriages  are  directed  to  any 
Protestant  Minister  or  Justice  of  the  Peace,  v^hich 
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  deprived  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^''  1760,  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 
authorized  by  his  Instructions  to  comjDly  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. 


17G5J        ADMINISTKATION    OF   GOVERNOR   FRAXKLIN".  505 


Letter  from  Governor  Franid  in  to  the  Lords  of  Trade, 
transniltthuj  a  copy  of  the  Minides  of  Council — 
The  seditions  spirit  from  the  neighboring  Colonies 
is  beginning  to  appear  in  New  Jersey — .4/  tJie  last 
Supreme  Court  only  o-imimd  matters  were  trans- 
acted— 2Vie  laivyers  Jiare  eyitered  into  an  agree- 
ment not  to  act  under  the  Stamp  Law. 

[From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  9,  K.  51.] 

Burlington,  Nov'.'  13.  ITC)^ 
To  the  Lords  of  Trade 

My  Lords, 

Your  Lordships  Letter  of  the  23'!  of  xA.ugust  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 
iOV'  of  last  Month,  wdth  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  Ministei'S 
relative  to  the  canying  the  same  into  Execution.  But 
as  none  came  l)y  the  last  Pacquet,  which  left  England 
about  the  Middle  of  Septend)er,  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  1  must 
beg  leave  to  refer  your  Lordships,  as  they  contain  a 
true  State  of  the  Difficulties  we  are  under  on  Account 
of  the  Stamp  Act. 

Nothing  in  my  Power  has  been  wanting  to  preserve 


506  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [l765 

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  piT»ducing  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  ill  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 


'  The  lawyers  of  New  Jersey  have  the  credit  of  being  the  first  to  malie  an  effec- 
tive opposition  to  the  Stamp  Act.  At  a  meeting  of  the  leading  members  of  the 
profession,  lield  at  Perth  Amboy  on  the  19th  of  September,  1765,  it  was  imanimous- 
ly  resolved  that  tliey  would  not  make  use  of  the  stamps  for  any  purpose  or  under 
any  circumstances.  On  the  following  day  Chief-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?"  In  reply  they  said:  "That  they 
would  not,  but  rather  suffer  their  private  interests  to  give  way  to  the  public  good, 


l7Go]        AD.MIN^ISTUATION    OF    UOVEIINOR    FRANKLINT.  507 

publick  Officers  think  that  they  shoukl  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  Loiil- 
ships  most  obedient  &  most 

humble  Servant 

W"  Franklin 


Letter  fro  1)1  (i  ore)- nor  Fi'aiikti)i  to  Secretai'u  ('o)i/rwj, 
in  relation  to  ttie  StcDiip  Act,  (oul  tJie  i)-oid)Jes 
tJierefroni  sj))eadiii(j from  tlte  iieifjliboiuiixj  Prov- 
inces into  Nein  Jerseij — Tlte  Minutes  of  IJie  (^on)t- 
cil  atid  Notes  of  t/ie  Ass('nd)t/j  are  se)tt  i)i  ordo'  to 
form  a  true  jndcjitioit  of  tJie  si(natio)i  of  tlte 
Province. 

I  From  P.  R.  O.  America  and  West  Indies,  Vol.  17;)  (190).  | 

BuKLiNGTOX-New  Jersey -Nov'.'  ;!<)"'  17<15 

To  the  Right  Honoral)le  Henry  Seymour  Con- 
way, Esq'"  Secretary  of  State. 

Sir, 

I  did  myself  the  Honour  of  writing  to  you  the  ii;>''  of 
Sept^  last,  when  I  imformcd  you  of  ti-e  Kesignation  of 
the  Person  appointed  Distributor  of  tlic;  Stanii)S  for 
tliis  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  silvery''  Their  reply 
was:  •' Thej' 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  superi)itend  the  distribution  of  stamps,  he  would  be  obliged  to  acet^it 
the  appointment  of  distributor,  in  case  the  Governor  .should  fix  upon  him  for  tliat 
office?"    They  auswered:  "That  the  Governor  was  not  empowei'ed  by  the  act  to 


508  ADMINISTRATION    OF    GOVEKNOR   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 
14"'  of  Septv  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  wovild  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  made  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  held  in  New  Brmiswick,  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  accomits  are  received."  The  "  Sons  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.) 


17Gb]        ADMINISTRATION    OF   GOVERNOR   FRANKLIN.  509 

Minutes  of  Council,  Nov"".  O'"  17()5. 

At  a  Council  held  at  Burlington,  on  Wednesday 
the  6th  Day  of  November,  1765, 

Peesent, 

His  Excellency  William  Franklin,  Esquire, 
Governor. 


The  Hon.  David  Ogden, 
Charles  Read, 
John  Smyth, 


Esquires,  of  His  Maj- 


JoHN  Ladd,  j         esty's  Council 

James  Parker,        j 
Frederick  Smyth,  J 

His  Excellency  laid  before  the  Board  a  Letter  from 
Lord  Stirlinji;  to  him,  dated  at  Baskenridge,  the  od 
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  Burlington,  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.  Your  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,  nor  one  that  required  more  Pru- 
dence ill  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  ADMINISTKATION    OF   GOVERNOR    FRAFKLIN.        [1765 

Council  for  their  Advice.  People  in  general,  in  this 
and  the  two  adjoining  Provhices,  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  w^ithout  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  Golden  into  very  disagreeable  Circumstances. 
Your  Excellency's  Prudence  in  the  Management  of 
this  Alfair,  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]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  51 L 

prevail  on  Captain  Hav^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. 

1  am.  Your  Excellency's  most  obediei^t 

and  most  humble  Servant. 
Stirling. 
Baskenridge,  Nov.  3,  1705. 


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  Boai'd  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,  1T65. 

Sir, 

I  Have  the  Honour  of  Your's  of  tlie  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  tlie  same  Ship  which 
brings  the  Stamp'd  Paper  for  this  Place.— May  it  not 


512  ADMIN-ISTRATION   OF   GOVEKKOR    FRANKLIN.        [1765 

bo  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  Governor  still  per- 
sists he  cannot  conveniently  receive  them  into  the 
Foj-t;  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  hawl  along  side  the  Wharfs,  where  they  remain  for 
the  Winter,  you  will  naturally  conclude,  as  they  are 
all  principally  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,    How^ever,  if  Mr.  Golden  should. 


1765]        ADMINISTRATION    OF    GOVERNOK   FRANKLIN.  513 

on  their  Arrival,  refuse  to  receive  tliein  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;  hut  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  ol)edient  humble  Servant, 

Arch''  Kennedy. 

His  Excellency  Governor  Franklin. 


Sardoine,  Newcastle,  Oct.  y>,  ITHo. 
Si}\ 

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  Minutes 
of  His  Majesty's  Council  on  that  Head;  and  the  same 
Da}^  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  tovv-ards  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  well 
answer  for  the  safety  of  the  Stamps,  as  all  the  Gujis 
will  be  out. 

You,  Sir,  and  the  Gentlemen  of  the  Council,  may 
33 


514  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1765 

rest  assured,  I  will,  at  all  Times,  act  with  Chearfulness 
in  any  Thing  that  relates  to  His  Majesty's  Service. — 
Agreeable  to  your  Desire  of  my  sending  the  earUest 
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,  1765. 
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  Orders,  in  what  manner  to  dis- 
pose of  them.  It  is  probable  they  will  arrive  before 
the  first  of  November,  but  if  they  should  not,  and  you 
cannot  keep  the  Stamps  longer,  I  will  then  endeavour 
to  fall  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    UOVEliNOK    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  ? 

II.  Do  the  Council  know  of  any  Gentleman  in  the 
Province,  of  Fortune  sufficient  to  give  the  Security, 
required  of  Mr.  C-oxe,  by  the  Commissioners  of  the 
Stamp  Duty,  who  would  undertake  to  exercise  the 
Oflfice,  if  the  Governor  would  commissionate  him  for 
the  Purpose  ? 

III.  Do  the  Council  think  any  Person  will  he  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  appointed  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  Mattei-s  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  ADMT]SriSTKA.TIO]Sr    OF    GOVERNOR   FRANKLIN.        [1765 

Mr.  Coxe  was  sent  for,  and  attended  accordingly  ; 
when  the  following  Questions  were  put  to  him,  to 
which  he  made  the  Answers  subjoined,  viz, 

T.  Have  you  received  any  Commission  for  distribut- 
ing of  Stamps  in  New  Jersey  ? 

Answer.  No.  Noi  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  Eesignation  ? 

Answer.  I  do  not  think  myself  empowered  to  exe- 
cute the  Office,  as  I  have  not  received  any  Commis- 
sion or  Instructions. 

V.  On  Supposition  that  you  had  received  such  Com- 
mission or  Instructions,  would  you  undertake  the  Dis- 
tribution of  the  Stamps  ? 

Answer.  No. 

VL  What  is  the  Eeason  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]        ADMINISTRATIOX    OF    GOVERNOR    FRANKLIN.  ol7 

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,  lT<i5. 
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  Resignation,  nor  impowered  to  ap- 
point a  Distributor  of  the  Stamjjs  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. 

4:  and  5.  On  considering  the  Governor's  4th  and  5th 
Queries,  the  Council  esteem  it  a  Matter  of  so  much 
Difficulty  and  Importance  at  this  dangerous  Conjunc- 
ture, that  they  desire  further  Time,  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  ADMINISTRATION    OF   OOVERKOE    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,  he  would  immediately  (if  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  would  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 
Bui-lington. 

A  true  Copy  from  the  Minutes  of  Council 

Charles  Read,  Sec. 


A  Copy  of  his  Excellency's  Letter  to  Captain  Hawker 
in  Pursuance  of  the  foregoing  Minute  of  Council. 

Burlington,  Nov.  9,  17C5. 

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  obhged  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— Tlieir  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 
oui-  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 
dcistined  for  another;  and  that  the  Stamps  might  as 
well  be  given  up  directly  to  the  Populace,  as  to  send 
them  into  New  Jersey,  wliei'e  thei-e  is  no  Place  of 
Defence  whatever.— Perha[)s  Mr.  Coxe,  as  he  has  given 
Bond  to  take  Care  of  tbem,  will,  for  his  own  Sake,  en- 


520  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1705 

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  copy  of  the  representation  from  the 

i  Bishop  of  London  concerning  licenses  for  mar- 
riages in  New  Jersey.^ 

[From  P.  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- 

'  li'or  representation  from  Bishop  of  London,  see  page  504. 


1705]        ADMIXISTIIATION    OF    GOVERNOR   FRAXIvLIN.  521 

istrates  in  New  Jersey  do  or  do  not  perform  those 
Cei-emonies  ;  and  if  they  do  ;  whether  it  is  by  virtne 
of  any  declared  Law,  or  by  usage  only  ;  and  if  tlie 
latter,  whether  such  practice  may  in  your  opinion  be 
altered  in  the  manner  proposed  by  the  Bishop  of  Lon- 
don witliout  Inconvenience  or  Ciomplaint. 
We  are,  Sii',  Your  very  loving  Friends, 

Dartmouth,         Soame  Jenyns, 
John  Roberts,     J.  Dyson, 
W"  Fitzherbert. 


Letter  fr< mi  Gorevnov  FrankJin  fo  Beujauihi  Franldiit, 
in  Loufhyii,  in  rehifinn  to  tlie  success  of  Cot.  Cro- 
glian  in  Jiis  negotiatious  ivilJi  tlie  Ituliuns. 

[From  P.  R.  O.  America  &  West  Indies.  Vol.  '251  (26;)).  | 

Bltrlinoton  Dec"  17.  IT*!;") 

To  Benjamin  Fi^anklin  Esq 

Hon'f  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  Attenii)ts  (some  of  them  very  ex- 
pensive) had  been  before  fruitlessly  made  by  the  Mih- 
tary  to  take  Possession  of  the  Illmois.  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'Callaglian  in  Vol.  VII.,  p.  'JSii. 


522  ADMINISTRATION    OF    GOVERNOR   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,  inhabited  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  which  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  Grovernors  on  the  Continent 

I  doubt  not  but  it  will  likewise  afford  you  great 
Pleasure  to  hear  that  Sf  W'"  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]        ADMINISTKATIONf    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  Establish  uig  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  pi'esent 
we  have  got  them  in  tlie  Temper  to  do  it,  &  it  will  ])e 
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  lioi)e  the 
Ministry  will  give  orders  to  Sir  William  to  i)ush  it  with 
the  utmost  Expedition.  If  it  is  much  longer  delay 'd 
there  will  be  Danger  that  the  ]:)resent  good  Dis}>osition 
of  the  Indians  may  cool,  or  that  they  may  be  per- 
suaded to  act  otherwise  by  the  artfull  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  aU  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  bo 
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.  xA.nd  the  Ch'own  may  not- 
withstanding receive  the  same  Advantages  in  Point  of 
Revenue  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  '10  or  iJ5  years.  And  an 
Exemption  from  Quit  rent  for  that  term  lias  been 
common  in  Several  of  His  Majesty's  Colonies. 


524  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1765 

I  wrote  you  a  few  lines  in  haste  on  this  Subject  by 
Cap:  Budclen;  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  will  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  difficulties  the  Province  of  New 
Jersey  Icdwrs  under  tvith  regard  to  tlie  Stamp  Act. 

[From  P.  R.  O.  B.  T.  New  Jersey,  Vol.  9,  K.  53.  | 

Burlington  Dec!'  is,  1T05 
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  1  enclosed  a  Copy  of  the  Minutes 
of  Council  of  the  (>"'  &  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]        ADMINISTRATION    OF    (iOVERNOR    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  tliat  there  was  great  Reason  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 
tlie  Mob.  The  Person  who  was  appointed  to  bo  Stamp 
Distributor  still  refuses  to  endeavoui-  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  Ogdeii.    See  note  page  451.    He  was  burned  in  effigy  in  several  places  in 
New  Jersey.— iSafcii?te"s  American  Loyalists,  p.  488. 


526  ADMINISTEATION    OF    GOVERNOK   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,  transmitting  copies  of  atl  papers  con- 
taining  iyforination  of  the  riots  in  America 
against  the  Stamp  Act. 

[From  P.  R.  O.  B.  T.  Plantations  General,  Vol.  41,  Page  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  10'.''  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  Conrse  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  Fitzherbert 


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  happened  in  America  in  opposition  to 
the  putting  in  Execution  the  Stamj)  Act, 
since  the  passing  thereof  to  the  |)resent 
time. 

No.  1 
Extract  of  a  Letter  from  Francis  Fauquier  Esq-  Lieu- 
tenant Governor  of  Virginia,  to  the  Lords  Oommis- 
sioners  for  Trade   and   Plantations,   dated  Williams- 
burgh  June  5"'  1765.     ReC'  July  27'."  17(55 

No.  '2. 
Copy  of  the  Resolutions  of  the  House  of  Burgesses 
of  Virginia.     Rec''  d" 

No.  ^) 
Exti-act  of  a  Letter  from  Fnuicis  Bei'Jiaid  Es(i'  (Gov- 
ernor of  Massachusets  Bay,  to  the  Lords  Commissioners 
for  Trade  and  Plantations,  date  I  Boston  July  s'''  17G5. 
Rec?  Septv  20^" 


528  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1766 

No.  4 
Extract  from  the  Journal  of  the  House  of  Eepresen- 
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  WilHam,  August 
15'^  1765.     Rec^'  Octo-:  7*."  1765. 

No.  6 
Copy  of  a  Letter  from  Francis  Bernard  Esq-  Gov- 
ernor of  Massachusets  Bay,  to  the  Lords  Commissioners 
for    Trade    and    Plantations,    dated    Castle   William 
August  22!^  1765.     Rec'^  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. 
Bec^  d. 

No.  8. 
Copy  of  a  Proclamation  issued   by  Govl"  Bernard, 
dated  August  15"'  1765.     Rec^'  d". 

No.  9. 
Copy  of  a  Proclamation  issued  by  Governor  Bernard, 
dated  August  28*?^  1765.     Rec^^  d? 

No.  1(». 
Copy  of  a  Letter  from  Francis  Bernard  Esq-  Governor 
of  Massachusets  Bay,  to  the  Conmiissioners  for  Trade 
and  Plantations;   dated  Castle  William,  August   3P.' 
17()5.     Rec!'  Oct'-'  16^."  1T(;5 

No.  11 
Copy  of  a  Letter  f  I'om  Francis  Bernard  Esq''  Governor 
of  Massachusets  Bay,  to  the  Lords  Conunissioners  for 
Trade  and  Plantations,  dated  Castle  William,  Sept'"  7'-'' 
1765.     Rec?dP 


1766]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  529 

No.  12 
Copy  of  the  Minutes  of  C^ouncil  held  in  the  Council 
Chamber  in  Boston  on  August  27^''  2s^"  and  2i>"'  17<;5. 
Eec^'  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  William  Sep''  7"'  1705. 
Rec:'  d" 

No.  U. 
Co\)y  of  a  Letter  from  Francis  Bernard  Esq''  Governor 
of  Massachusets  Bay,  to  the  Lords  Commissioners  for 
Tiade  and  Plantations,  dated  Boston  Sept/'  2.s"'  17*)5. 

No.  15 
Extracts  from  the  Jouiiial  of  the  House  of  Repre- 
sentatives of  Massachusets  Bay  on  the  25"'  2»')'."  and  27'" 
of  Sept'."  ]  7('.5. 

No.  10. 
Extract   of   a   Letter   from  William   Franklin  Escj- 
Governor  of  New  Jersey,  to  the  Loi'ds  C-ommissioners 
for  Trade  and  Plantations,  dated  Burlington,  Oct-  1<>'.'' 
17(;5.     Red' Nov'.' l:»*" 

No.  17 
C'Opy  of  Minutes  of  the  Council  of  New  Jersey  on 
the  13"'  and  24"'  of  Sept^  1705 

No.    IS. 
Extract  of  a  Letter  from  Benning  Wentworth  Esq"" 
Governor  of  New  Hampshiie  to  the  Lords  Commis- 
sioners for  Tiade  and  Plantations,  dated  October  5'."' 
1705,  Rec'!  Nov"'  lu"' 

No.  11) 
Extract  of  a  Letter  from  Francis  Bernard  Esq'.'  Gov- 
ernor of  Massachusets  Bay,  to  Johii  Pownall  Esq''  Sec- 
34 


I 


530  ADMlNISTRATiOK   OF   GOVEENOR   FRANKLIN.        [l76(] 

retary  to  the  Lords  Commissioners  foi"  Trade  and  Plan- 
tations, dated  Boston,  October  1^'  1765     Eec'l  Ded'  13*1' 

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^  17"'  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  OctT  19*1'  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-'  26*''  1765. 

No.  21 
Copy  of  a  Letter  from  Francis  Bernard  Esq''  Gover- 
nor of  Massachusets  Bay,  to  John  Pownall  Esq'"  Secre- 
tary to  the  Lords  Commissioners  foi-  Trade  and  Planta- 
tions dated  Castle  WilHam,  Nov-  1'.'  1765. 

No.  25 
Copy  of  Minutes  of  the  Council  of  Massachusets 
Bay  October  21>"'  30'.''  3r^  and  Nov'"  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 


I 


17G6]        ADMINTISTRATIOS    OF   GOVERNOR    PRAJSKLIN.  531 

No.  27 
Copy  of  Votes  at  a  Meeting  of  the  Freeholders  and 
other  Inhabitants  of  the  Town  of  Cambridge  October 
14*!'  1705. 

No.  i>s 
Extract   of  a  Letter  from   Francis  Fauquier  Esq', 
Lieutenant  Governor  of  Virginia,  to  the  Lords  Com- 
missioners for  Trade  and  Plantations,  dated  Williams- 
burgh  October  2'\  1705.     Rec'!  Dec"^  16'.'^ 

No.  29 
Extracts  from  the  Journal  of  the  House  of  Burgesses 
in  A^irginia  the  29'^  and  ?.<»*.''  of  May  1705. 

The  original  News  Papers,  which  were  referred  to  in 
Governor  Bernard's  Letters  to  M'  Pownall,  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 
Afuboy,  in  answer  to  a  request  of  several  gentle- 
men of  the  Laiv  to  appoint  a  meeting  of  the  At- 
ioruies  to  consult  in  relation  to  the  resumption  of 
business  under  the  Stamp  Act. 

[From  New  Jersey  Manuscripts,  Vol.  II.,  No.  150,  belonging  to  the  New 
Jersey  Historical  Society.] 

Newark  Jan^  14*''  1700 
Phil.  Kearney  Esq 

D  Sir 

I  this  Day  reC  your  favour  of  the  81*^'  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 


533  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [l'?66 

therein  as  it  always  gives  me  a  Sensible  Pleasure  to 
concur  v^ith  so  great  a  Number  of  my  Profession,  but 
at  Present  must  think  that  those  Reasons  vs^hich  pre- 
vail'd  on  the  Attornies  first  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 
w^as  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  Acc*^ 
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  Ameiican  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,  l^erth  Amboy  I  think  should  be  the  Place 
&  I  believe  was  mentioned  at  Burlington. 


1766]        ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  533 

Above  you  have  ray  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  sujjpl}^  if  5^011  con- 
cur with  nie  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  ;  neitlier  do  I  think  they  will 
soon  proceed  notwithstanding  their  Resolutions. 

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-  Sei'vt 

David  Ogden 


Report  from  the  Lords  of  Trade  to  fJic  House  of  Coiii- 
mo7is,  giving  a  statemeut  of  tlie  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  tvar. 

[From  P.  R.  0.,  B.  T.,  Plantations  General,  Vol.  41,  p.  489.J 

Whitehall  Janry  l^O*'',  17(!() 
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  Establishments  of  the  British 
"Colonies  in  North  America  and  the  West  Indies, 
"with  the  Amount  thereof,  distinguishing  each  Col - 
"  ony  respectively  ;  and  likewise  a  State  of  the  Debts 


534  ADMINISTKATION    OF    GOVERNOK   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  Supply  and 
Support  of  Government,  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]        ADMIlSriSTEATION    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, 
Georgia,  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  returned 
to  the  Commissioners  of  His  Majesty's  Treasury. 

This  Honourable  Bouse  will  further  observe,  that 
the  Amount  of  the  Establishment  of  tlie  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  dift'erent  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  ADMIXISTKATION    OF    GOVEKNOR   FRANKLIN.        [1766 

We  beg  leave  however  to  observe  to  this  Honour- 
able House,  that  it  does  appear,  that  the  greatest  Part, 
if  not  all,  of  the  extraordinary  Expences  incur r'd  dur- 
ing the  late  War  in  in  the  Islands  of  Barbados  and 
Jamaica,  were  defrayed  by  Taxes  raised  within  the 
Year;  and  which  extraordinary  Expences  do,  upon  a 
State  of  the  Amount  of  the  Taxes  raised  in  each  Year 
from  the  Commencement  to  the  Conclusion  of  the  late 
War,  compared  with  the  same  Number  of  Years  dur- 
ing the  Peace  immediately  preceding  that  War,  amount 
in  the  Island  of  Jamaica  to  about  50,o()0£  and  in  the 
Island  of  Barbadoes  to  about  3o,000£,  a  great  Part  of 
which  Expence  was  incurred  in  the  Year  17()1  on 
Account  of  the  Assistance  given  by  that  Island  to  the 
Expedition  then  undertaken  for  the  Eeduction  of  the 
Island  of  Martinique,  and  as  a  Compensation  for  which 
the  Parliament  did  last  year  grant  the  sum  of  £1U,00U. 
All  which  is  humbly  submitted 

SoAME  Jenyns  J.  Dyson. 

Geo:  Rice.  W*?  Fitzherbert. 

Palmerston 


The  attitude  of  the  lAnvi/ers  of  New  Jerseij  toward 
tiie  Stamp  Act. 

[From  the  New  Yurk  Gazette;  or  the  Weekly  Post-Boy.  No.  1^0 i,  Thursday, 
January  30th,  1700.] 

To  THE  Printer  —Sir;  Your  pul)lishing  the  follow- 
ing Piece  in  your  next  Paper,  will  oblige  many  of 
your  Readers,  particularly  yoin-  lumible  Servant, 

A.  B. 

Sir;  The  strange  and  alarming  Lethargy  into  which 
we  have  fallen,  and  still  continue  with  Regard  to  all 
judicial  Proceedings,  must  I  am  sure  give  real  Pain  to 
every  one  who  has  Sense  to  distinguish,  and  a  Heart 


1766]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  537 

to  feel  for  the  Interests  of  his  Country .     *     *    Some 
laudable  Attempts  have  been  made  in  yours  as  well 
as  other  Papers,  to  wake  the  Gentlemen  of  the  Law, 
and  make  them  listen  to  the  Voice  of  the  People;  but 
whether  their  Hour  is  not  yet  come,  or  their  Slumber 
is  of  so  deep  a  Kind,  as  to  require  the  more  animated 
Exertion  of  the  Power  of  that  respectable  Body;  they 
are  still  snoring  over  the  Liberties  and  Properties  of 
their  Fellow-Subjects  in  the   most  supine  Indolence. 
*     *     *     Many  sensible  Arguments  have  been  urged 
on  this  Head,  which  still  remain  unanswered;  and  if 
there  is  any  Alteration  since,  it  has  been  to  add  to 
their  Strength  and  Conviction.     *    *    *     I  would  ask 
those  Gentlemen  what  they  propose,  or  expect  from 
their  present  Conduct  ?    Do  they  think  it  will  tend  to 
procure  a  Repeal  of  the  Act  ?    They  cannot  say  this, 
for  it  appears  most  probable,  that  the  stopping  Busi- 
ness at  all,  will  discover  our  Timidity,  and  induce  the 
Favourers  of  the  Act  to  wait,  and  see  whether  it  will 
not  by  these  Means  inforce  itself     "     *     *    but  surely 
the  continuing  to  do  it  can  l)e  of  no  Use,  even  in  the 
Article  of  Res])ect;   for  the  Question  will  be  decided 
long  before  the  News  of  the  Resumption  of  Business 
can  reach  England,  and  the  doing  it,  or  not  doing  it, 
will  make  no  Difference  when  the  Orders  are  once 
given:— So  that  we  stop  up  the  Channels  of  Justice, 
and  do  ourselves  a  manifest  Mischief  without  there 
being  the  least  Hope  of  advancing  the  Remedy  we  so 
much  desire.— But  perhaps  the  Gentlemen  of  the  Law 
are  afraid  of  the  Forfeitures:— tho'  they  may  not  choose 
to  acknowledge  this  Reason.  —But  do  they  expect  to 
escape  safe  and  unhurt,  amidst  the  general  Shipwreck 
of  their  Country  and  its  Liberties?    Would  they  desire 
so  ignominious  a  Distinction  ?     If  they   do   not,— let 
them  generously  and  nobly  embark  on  the  same  Bot- 
tom with  others,  who  have  ventured  all  the  Pains  and 
Penalties  of  this  terrible  Act,  under  the  Auspices  of 


538  ADMINISTRATION    OF   GOVJiRNOR    FRANKLIN.        [1766 

the  Publick. — But  perhaps  it  may  be  said,  that  this 
Stagnation  is  not  owing  to  them :  That  Judges  and 
other  Officers  of  Government  have  equal  Scruples  on 
this  important  Point. — To  this  I  answer,  that  the  first 
Stage  of  all  Law  Business,  and  even  the  active  Part  of 
it  in  every  Stage,  rests  at  the  Bar,  and  it  is  impossible 
Judges  can  give  Relief  upon  Complaints  never  made, 
or  make  Orders  upon  Subjects  never  brought  before 
them— so  that  at  present  it  clearly  lies  at  the  Door  of 
the  Profession,  and  it  may  justly  be  charged  with  all 
the  fatal  Consequences  that  may  ensue,  if  the  Gentle- 
men of  it,  do  not  take  Care  to  exculpate  themselves, 
and  do  their  Parts  in  their  respective  Spheres. 

For  surely  the  Captain's  Cowardice  in  a  Day  of  Bat- 
tle is  no  Excuse  for  the  Centinel's  sleeping  upon 
Guard;  at  this  Rate  one  Fault  would  be  productive  of 
Ten  Thousand — As  every  Gentleman  of  the  Law  I 
dare  say  at  this  Time  has  a  leisure  Hour,  perhaps 
these  Observations  may  take  a  Part  of  it — To  them  I 
would  offer  an  Argument  drawn  from  no  less  Author- 
ity than  Lord  Coke,  who  lays  it  down  as  an  undeni- 
able Maxim,  Lex  non  cogit  ad  impossibilia — The  Law 
forces  no  one  to  impossibilities.  Now  in  this  Province 
and  several  others,  these  Impossibilia  are  required  of 
us,  and  as  we  have  no  Stamp'd  Papers,  nor  I  hope 
ever  shall  have;  because  we  cannot  do  Impossibilities, 
we  must  do  nothing!  Or  rather  we  are  attempting  an 
Impossibility  of  another  Kind,  which  is  to  live  in  a 
State  of  general  Outlawry,  as  to  civil  Property.  The 
Profession  is  called  a  learned  one,  I  hope  it  will  not 
forfeit  its  Claim  to  this  Title,  by  falling  into  Absurd- 
ities so  glaring — I  shall  not,  Sir,  repeat  those  Argu- 
ments founded  upon  constitutional  Principles,  which 
have  already  been  made  use  of;  but  will  offer  you  one 
Remark  that  seems  obvious  on  this  Head. — Either  the 
Stamp  Act  will  be  repealed  or  inforced— There  can  be 
no  Medium  unless  our  own  Conduct  has  hinted  it  in 


i 


1766]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  539 

England,— if  it  should  be  lepealed,  or  if  we  could  have 
positive  Assurances  of  it,  there  can  be  no  Difficulty; 
and  I  make  no  doubt  we  shall  wonder  at  our  own 
Fears. — Upon  the  other  Hand,  if  it  is  resolved  to  in- 
force  it,  do  we  not  by  our  present  Conduct  concur  in 
the  Resolution  ?  Nay  we  do  more,  we  strengthen  the 
Hands  of  its  Advocates.  We  cannot  continue  long  in 
this  Posture — it  is  determined  never  to  make  Use  of 
Stamps,  what  can,  what  ought  to  be  done  then,  but 
immediately  to  shake  off  this  cowardly  Indolence,  and 
the  sooner  the  better. — The  Gentlemen  of  the  Law 
have  in  most  Ages  laboured  under  the  same  Imputa- 
tion with  Bishops,  that  they  are  the  ready  Tools  of 
arbitrary  Power,  either  meanly  shrinking  at  Danger, 
or  ambitiously  striving  for  Dignity  and  Preferment- 
Let  not  these  Aspersions  ever  reach  America, — rather 
let  it  appear,  that  those  who  live  by  the  Laws,  are  the 
most  forward  is  asserting  them:  They  are  supposed 
to  be  best  acquainted  with  the  Nature  of  Government, 
and  the  English  Constitution,  how  amiable  will  they 
appear  in  the  Eyes  of  their  anxious  Countrymen,  if 
their  Zeal  is  equal  to  their  Knowledge.  I  mentioned 
my  Lord  Coke  a  httle  before,  as  he  is  their  Oracle  in 
the  Mazes  of  the  Law,  so  ought  he  to  be  their  Pattern 
in  the  Cause  of  Liberty. — In  him  the  drudging  Law- 
yer not  only  brightened  into  the  eloquent  Orator,  but 
the  zealous  Patriot. — He  resolutely  opposed  the  undue 
Exertion  of  the  Prerogative  of  the  Crown,— and  could 
he  now  revive  in  the  Person  of  an  American,  I  make 
no  Doubt  he  would  with  the  same  Ardour  oppose  the 
undue  Exertion  of  Parliamentary  Power  over  the  In- 
habitants of  this  Country;  or  at  least  he  would  be 
willing  to  share  the  general  Fate  of  his  Country,  and 
stand  or  fall  witli  tlie  common  Cause. 

I  am,  Sir  Your  very  humble  Servant, 

A.  B. 
New  Jersey,  January  21,  iTOO. 


540  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1766 

[From  the  New  York  Gazette;  or  The  Weekly  Post-Boy,  No.  1207,  Thursday, 
February  20,  1766.] 

To  the  Printer 

N  your  Gazette  of  the  30th  of  January- 


last,  I  took  Notice  of  a  Piece  signed 
A.  B.  and  dated  from  N.  Jersey, 
wherein  the  Author  has  laboured  to 
raise  a  popular  Clamour  against  the  Gentlemen  of  the 
Law,  because  of  their  having  declined  Business,  since 
the  memorable  First  of  November;  and  with  a^ Spirit 
equally  factious  uncharitable  and  absurd,  im])utes  this 
voluntary  Sacrifice  of  their  Interest,  to  the  base  and 
ignoble  ends  of  arbitrary  Power  and  Preferment. 

All  the  lucrative  Professions,  it  must  be  confessed, 
are  indiscriminately  charged  with  lucrative  Motives  ; 
however  individual  Professions  may  be  distinguished 
for  their  Integrity  and  publick  Spirit.  And  therefore 
it  was  with  the  greatest  Pleasure,  that  the  Friends  of 
American  Liberty,  upon  this  Continent,  in  general, 
beheld  the  Lawyers  stand  forth,  as  the  most  determi- 
native Opposers  of  the  late  Acts  of  the  British  Parlia- 
ment, so  justly  esteemed  unconstitutional  and  oppres- 
sive ;  and  to  the  lasting  Honour  of  the  Lawyers  of 
New  Jersey,  in  Particular  (with  whom  our  Author 
seems  especially  to  quarrell)  it  has  been,  and  will  be 
said,  that  they  sat  the  Example.  I  therefore  think  it 
the  Duty  of  every  honest  Man,  as  far  as  it  is  in  his 
Power,  to  endeavour  to  counteract  the  pernicious  Ten- 
dency which  all  such  enflanlmatory  Discourses  must 
necessarily  have  upon  the  Minds  of  the  Ignorant  and 
Inattentive ;  for  this  Purpose,  1  shall  briefly  consider 
whether  the  Gentlemen  of  the  Law,  in  declining  their 
Practice  from  the  First  of  November,  did  not  thereby 
take  the  most  effectual  Measure  in  their  Power,  or  in 
the  Power  of  any  single  Body  of  Men  upon  the  Conti- 
nent, to  prev^ent  the  Execution  of  the  Stamp- Act — • 
whether  such  Step  was  not  equally  calculated  to  injure 


17<'»0J        ADMIJflSTUATION    OF   GOVERXOK   FRANKLIK.  541 

their  private  Estate,  and  prevent  their  Preferment — 
and  whether  the  same  Reasons  which  at  first  induced 
them  to  discontinue  their  Practice,  do  not  yet  subsist  ; 
and  therefore,  in  hke  Manner  ought  to  influence  them. 
To  feel  the  first  Point  in  a  ])roper  Light,  it  will  be  nec- 
essary to  consider  ;  that  u])()n  the  News  of  the  Stamp- 
Acts  being  passed,  these  Colonies,  in  general,  seemed 
to  be  struck  into  a  Kind  of  Panic  ;  and  for  some 
Months  appeared  to  be  wrapped  up  in  the  most  sullen 
Dispair. — Some  of  the  most  learned  and  judicious  de- 
clared, that  the  Act  was  of  such  a  Nature,  and  so 
curiously  fabricated,  as  to  execute  itself — and  not  one 
American  Patriot  ever  fancied,  that  the  Provinces 
would  have  given  such  spirited  and  universal  Oppo- 
sition. 

An  Expectation  of  Submission  continued  almost 
universal,  down  to  the  Eve  of  that  fatal  Day  destined 
for  the  Commencement  of  our  Slavery  :  And  every 
City,  Town,  and  Country  Village,  upon  this  vast  Con- 
tinent, resounded  the  Knell  of  departing  Liberty,  The 
Stamped  Papers  had  found  tlieii*  Way  into  many  of 
our  Cities. 

The  Merchants  could  not  think  of  venturing  their 
Fortunes  in  a  Bottom  not  secured  by  those  detestable 
Passports — Not  a  Person  who  held  an  Office  under  the 
Crown  could  think  of  losing  his  Appointment,  and 
thereby  perhaps  the  only  Means  of  subsisting  himself 
and  Family,  by  opposing  an  Act  framed  under  the 
Direction  of  the  King's  Ministry— not  a  Farmer  who 
could  bear  to  think  of  taking  a  Conveyance  for  Lands, 
without  a  Stamp  ;  where  his  Estate  for  want  thereof, 
was  declared  void  :  Nor  would  he  offer  to  bring  an 
Action  at  Law,  without  the  same  Prerequisite,  lest  his 
Recovery  should  be  illegal ;  in  short,  the  Caution  of 
the  Merchants  ;  the  fear  of  the  publick  Officers  ;  and 
the  Ignorance  of  the  common  People,  had  undoubtedly 
introduced  the  Stamped  Papers  ;  had  not  the  Profes- 


543  ADMINISTRATION    OP    GOVERNOR   FRANKLIN.        [1766 

sors  of  the  Law,  (through  whose  Hands  the  most  of 
them  must  have  passed)  at  that  Instant  stood  forth, 
and  declared  that  they  would  not  receive  them.  The 
Example  of  so  learned  a  Body  of  Men,  on  whose  Judg- 
ment, in  Matters  of  Law  and  Government,  the  People 
so  much  depend,  had  an  extensive  and  universal  In- 
fluence. It  was  naturally  concluded,  if  the  Lawyers 
gave  up  the  Means  of  their  Subsistance,  rather  than 
continue  it,  by  introducing  the  Act  ;  that  it  must  not 
only  be  fraught  with  some  mighty  Ruin  to  their 
Country,  But  that  it  could  not  be  extendable  to  the 
Colonies,  by  the  Constitution.  Wherefore  the  Con- 
sternation of  the  People  began  gradually  to  decrease  ; 
and  Patriotic  Courage  diffused  itself  among  all  Ranks 
and  Orders  of  Men.  And  it  is  well  known,  that  some 
of  the  Lawyers  in  the  several  Provinces  have  been, 
and  still  continue,  the  principal  Writers  on  the  Side  of 
American  Liberty. 

The  second  Point  I  proposed,  is  so  Self-evident,  that 
it  needs  no  Argumentation  to  evince  it;  for  who,  in 
the  Name  of  common  Sense,  can  think,  that  this  Con- 
duct was  owing  to  motives  of  Preferment  ?  There 
cannot  be  found  a  Man  so  absurd  to  think,  let  him  say 
what  he  will,  that  giving  the  most  effectual  Opposition 
to  an  Act  of  Parliament,  the  Offspring  of  the  King's 
Ministry,  was  a  probable  Method  of  procuring  Prefer- 
ment from  the  Crown — A  Suggestion  so  disingenuous 
and  contradictory,  must  be  the  Effect  of  great  Ignor- 
ance, or  greater  ill  Nature. 

The  last  Question  I  proposed,  only  remains  to  be 
considered — and  it  appears  very  clear  to  me,  that  the 
Reasons  which  influenced  the  Discontinuance  of  Busi- 
ness at  first,  still  subsist — the  Motives  which  operated 
upon  the  Gentlemen  of  the  Law  to  discontinue  their 
Practice,  were  as  I  am  informed,  to  prevent  the  Intro- 
duction of  the  Stamp  Act;  and  at  the  same  Time,  to 
preserve  the  publick  Peace.     And  it  is  very  certain, 


1766]      ADMiisriSTiiA'rioN  of  governor  franklin.         543 

that  if  with  their  Refusal  to  take  the  Stamped  Papers, 
they  had  attempted  to  go  on  with  their  Practice  not- 
withstanding; such  Step  would  have  thrown  the  sev- 
eral Provinces  into  the  utmost  Confusion.  For  the 
first  Step  after  making  out  the  Writ,  is  to  apply  to  the 
proper  Officer  for  the  Seal. 

It  is  as  unreasonable  as  cruel  to  expect  that  the  sev- 
eral Officers  would  have  affixed  the  Seal:  Because  the 
natural  Consequence  would  have  been  a  Removal  from 
their  Office.  And  on  the  other  Hand,  it  would  have 
been  exposing  them  to  a  dreadful  Alternative  to  have 
a  Writ  tendered  to  them,  and  they  refuse  to  Seal  it — 
this  would  have  l)rought  on  Mobbing,  pulling  down 
Houses,  and  all  Manner  of  Riot  by  the  People.  The 
most  of  the  Provinces  not  under  Proprietary  Clovern- 
ment,  proceed  in  their  Courts  of  Justice,  nearly  similar 
to  the  Practice  in  England.  Reflect  a  Moment  then, 
what  probably  would  have  been  the  Consequence  of 
offering  one  of  our  Governors  a  Writ  of  Error,  Re- 
plevin or  Dower,  to  be  sealed— no  Man  in  his  Senses 
would  expect,  but  that  the  Want  of  a  Stamp  would 
have  been  an  unsurmountable  Objection  to  his  affixing 
the  Seal :  For  it  is  expresly  directed  that  every  Gover- 
nor before  the  first  of  November  shall  take  a  Solemn 
Oath,  to  do  their  utmost,  that  every  Part  of  the  Act 
be  punctually  and  bona  fide  observed.  The  very  Ten- 
der therefore  of  such  Writ,  would  have  been  an  Insult 
upon  him;  as  his  Refusal  must  inevitably  point  him 
out  as  an  Object  of  popular  Resentment.  This  would 
have  been  nearly  the  Case  of  every  Chief  or  other  Jus- 
tice of  the  Supreme  Courts,  when  a  Writ,  for  their 
Allowance,  was  offered  to  them.  These  I  say  would 
have  been  the  probable,  and  I  doubt  not  the  certain 
Consequences  of  proceeding  from  and  immediately 
after  the  first  of  November — and  I  would  ask  for  any 
good  Reason  why  these  will  not  be  the  Consequences 
of  Proceeding  noiu  f    The  People  are  not  less  opposed 


544  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1766 

to  the  Stamp  Act,  then  they  were  at  the  first  of 
November ;  hut,  thanks  be  to  God  !  They  are  much 
more  universally  and  determinately  Opposed:  Where- 
fore every  Oificer  of  the  several  Courts  in  the  Colonies, 
who  holds  his  Office  by  Patent  or  Grant  from  the 
Crown,  from  the  Governor  down  to  the  Prothonotary, 
will  be  subjected  to  the  same,  nay  to  greater  Inconve- 
niences, noiv  than  a  few  Months  ago:  And  of  Conse- 
quence the  Peace  of  the  Provinces  will  be  more  likely 
to  be  interrupted.  There  is  not  the  least  Shadow  of 
Argument  in  urging  that  the  present  Suspension  of 
Business  is  "strengthening  the  Hands  of  the  Advo- 
cates for  the  Stamp  Act;"  or  that  it  is  an  Admission 
of  its  Extent:  Because  such  Suspension  itself  incurs 
one  of  the  highest  Penalties  mentioned  in  the  Act,  and 
therefore  omitting  to  do  Business  where  Stamps  are 
made  necessary,  equally  oppugns  the  Act,  as  doing 
Business  without  Stamps:  And  the  principal  Reason 
why  the  former  is  more  eligible  than  the  latter,  is  that 
this  will  tend  to  break  the  publick  Peace;  but  that  to 
preserve  it.  I  agree  that  "we  cannot  continue  long 
in  this  Posture  " — and  for  that  very  Reason,  Individ- 
uals ought  cheerfully  to  submit  to  some  temporary 
Inconveniences,  rather  than  run  the  Risque  of  inflam- 
ing the  Minds  of  the  People,  when  happily  there  may 
be  no  Occasion.  A  few  Weeks  will  plainly  point  out 
the  Path  America  is  to  take — if  the  Act  is  repealed  or 
suspended,  one  of  which  appears  very  probable,  all 
will  be  well;  and  the  Lawyers  may  be  suffered  to  get 
Money  again,  without  endangering  the  publick  Peace 
— if  it  is  determined  to  enforce  it  (which  may  God 
Almighty  forbid)  we  shall  then  be  justified  in  the  Eyes 
of  all  Nations  under  Heaven  to  assert  and  maintain  at 
tlie  Risque  of  our  Lives  and  Fortunes  the  indefeesable 
Rights  belonging  to  us  as  Englishman.  In  such  a 
dreadful  Crisis  as  this  would  be,  no  Prothonotary — No 
Judge — No  Chief  Justice — No  Governor  would  liesitate 


1766]        ADMINISTRATION"    OF   GOVERNOR    FRANKLIN.  545 

a  Moment  what  he  must  do;  if  he  was  not  wilhng  to 
risque  his  Commission,  he  must  determine  upon 
Risquing  liis  Life.  Every  pubhck  Office  must  be 
immediately  opened,  in  Defiance  to  the  cursed  Stamp 
Act,  and  its  infernal  Contrivers.  And  I  am  w^ell 
assured,  that  the  Geutlemen  of  the  Law,  who  nobly 
began  the  Cry,  will  not  cease  to  proclaim  the  glorious 
and  constitutional  Liberties  of  Englishmen:  And 
instead  of  giving  up  their  Practice  for  a  few  Months, 
will  be  willing  to  sacrifice  their  Lives  to  their  beloved 
Country,  But  why  need  the  dread  Experiment  be 
made,  till  we  hear  from  the  other  Side  of  the  Water  ? 
The  People  would  be  easy,  in  their  present  Exemp- 
tion from  worrying  Law  Suits,  if  a  few  News  Writers 
would  let  them  alone:  And  to  my  certain  Knowledge, 
a  large  Majority  of  the  Inhabitants  of  the  Colony 
where  I  live,  esteem  tlie  present  Cessation  of  Business 
as  a  Kind  of  Jubilee.  They  are,  by  their  Industry,  en- 
deavouring to  repair  the  Wastes  which  their  former 
Indolence  and  Extravagance  have  made  upon  their 
Estates.  It  is  to  be  hoped,  that  no  Professor  of  the 
Law  has  so  far  departed  from  the  disinterested  Spirit 
shown  by  his  Fraternity,  as  to  solicit  so  bad  a  Cause. 
— No  Demetrius,  whose  Fondness  to  be  always  forging 
silver  Shrines,  will  suffer  him  to  cry  out  ^^  great  is 
Diana,  the  Goddess  of  the  Ephesiaiis ! ''  in  Opposition 
to  his  Brethern  the  Preachers  of  the  True  Faith.— But 
let  the  Author  of  the  Piece,  under  our  Consideration 
be  of  what  Profession  he  will,  he  undoubtedly  designed 
to  inflame  the  Populace:  And  the  better  to  accom- 
pHsh  his  Purpose  with  the  undiscerniug  Multitude,  in 
defiance  of  all  that  Esteem  and  Gratitude  due  from 
their  bleeding  Country,  has  attempted  to  raise  the  Hue 
and  Cry  upon  the  Lawyers.  -From  a  shicere  Love  to 
my  Country,  and  if  possible,  to  ])revent  the  bad  effects 
of  all  such  injurious  Writers,  I  have  offered  these  few 
Hints  to  the  Publick.  And  with  due  Deference  to  the 
35 


546  ADMIKISTKATION    OF   GOVERN  OK   FRANKLIN.        [1766 

Judgment  of  wiser  Men,  I  would  earnestly  recommend 
it  to  the  Colonies  in  general,  to  continue  in  their  pres 
ent  State  till  some  decisive  Intelligence  is  received 
from  the  Parliament. — The  Period  is  just  at  Hand, 
and  a  few  Weeks  will  determine  us. — Call  not  upon 
the  Courts  of  Justice,  in  the  mean  Time,  to  open;  lest 
a  worse  Thing  than  a  triffling  Loss  to  Individuals,  be- 
fall us. — Lest  the  publick  Peace,  which  ought  to  be  spe- 
cially sacred  at  this  Time,  be  broke  in  upon.  -Let  us  not 
contradict  our  publick  Petitions  for  Relief,  by  attempt- 
ing it  with  our  own  Hands,  before  it  is  denied  by  our 
Mother  Country. — We  can  but  do  it  then;  and  then  we 
shall  be  justified  in  the  Opinion  of  the  whole  World. — 
Oh  Liberty  !  Oh  my  Country  !  Vive,  Vale,  Si  quid 
novisti  rectius  istis,  candidus  imperti;  si  non,  his 
idere  Mecum. 
Feb.  10,  1766. 


Determination  of  Neiv  Jersey  Lawyers  to  resume  their 
practice  regardless  of  the  Stamp  Act. — Action  of 
the  Sous  of  Liberty. 

[From  the  New  York  Gazette;  or  The  Weekly  Post-Boy,  No.  1207,  Thursday, 
February  20,  1706.] 

We  have  the  following  advice  from  Woodbridge,  in 
New  Jersey,  That  the  gentlemen  of  the  law  in  that 
province,  had  a  general  meeting  at  New  Brunswick, 
on  the  thirteenth  of  this  instant,  to  hold  a  consultation 
whether  to  proceed  in  the  practice  of  the'  law  as  usual, 
without  stamps;  and  the  Sons  of  Liberty  hearing  of 
said  meeting,  several  hundreds  of  them  from  Wood- 
bridge  and  Piscataway,  assembled  on  the  spot,  in  con- 
sequence of  a  letter  to  that  purpose  from  the  Sons  of 
Liberty  in  the  Western  Division,  and  expected  to  have 
met  with  a  much  greater  number  from  the  vvestern 


1766]        ADMINISTRATION    OF   GOVEliNOR    FRANKLIN.  547 

parts  of  the  province,  but  were  disappointed,  being 
only  met  by  their  deputies,  who  joined  with  them, 
and  dehvered  to  the  said  gentlemen  of  the  law,  the 
following  request. 

To  the  gentlemen  of  the  law,  in  the  province  of  Neiv- 
Jerseij,  now  assembled  at  New  Bnmstvick. 

Gentlemen— We  the  Sons  of  Liberty,  considering 
the  many  inconveniences  our  country  is  labouring 
under,  and  the  ]>resent  stoppage  of  legal  business,  beg 
leave  to  take  this  opportunity  to  inform  you  that  it  is 
our  united  request  that  you  immediately  proceed  to 
business  as  usual,  without  stamps,  and  use  your  influ- 
ence to  open  the  courts  of  justice  as  soon  as  possible, 
which  we  doubt  not  you  are  able  to  effect:  Such  is 
our  confidence  in  you,  gentlemen,  that  we  cannot 
think  you  will  be  backward  to  comply  with  so  reason- 
able a  request  of  your  countrymen. 

Sons  of  I^iberty 

Feb.  13th,  170<; 

Upon  which,  after  deliberation,  they  returned  the 
following  answer. 

It  is  agreed  and  determined,  by  a  majority  of  the 
lawyers  now  met  at  New-Brunswick,  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,  before  the  said  first  day 
of  April,  they  will  in  such  case,  begin  their  practice  as 
usual,  or  sooner  if  earlier  accounts  are  received  from 
the  parliament. 

This  thirteenth  day  February,  A.  D.  17<)('), 

Also  two  of  the  gentlemen  appointed  to  speak  in  the 
name  of  the  whole,  in  a  solemn  manner,  told  the  Sons 
OF  Liberty,  that  if  the  stamp-act  was  not  suspended 
or  repealed,  that  they  would  join  the  Sons  of  Liberty, 


548  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1766 

with  their  hves  and  fortunes,  in  opposition  to  it :  For 
which  they  gave  them  their  thanks,  and  returned 
home  satisfied  ;  with  strong  hopes  that  so  noble  a  res- 
olution will  be  strictly  imitated  by  every  gentlemen  of 
the  profession,  on  the  continent. 


Letter  from  Col.  William  Skinner  to  James  Parker, 
acquainting  hirii  of  the  gi^eat probability  that  the 
Stamp  Act  will  be  rejyealed,  and  of  the  action  of 
Parliament  in  relation  thereto. 

[From  Skinner  Papers  among  Manuscripts  of  W.  A.  Whitehead,  Vol.  I,  No.  83.] 

London  S*''  Feby  176G 
Dear  Sir 

(Extract.) 
*  *  *  I  have  the  pleasure  to  acquaint  you  that 
there  is  the  greatest  probability  of  the  Stamp  Act 
being  repealed,  for  the  reason  there  was  a  motion  made 
in  the  House  of  Commons  yesterday  by  Mr.  Greenvill 
whether  the  Act  should  be  put  in  Execution  or  not; 
Grreat  debate  of  course  arose  from  that  question.  They 
at  last  came  to  a  division  and  it  was  carried  in  favour 
of  the  present  Ministry  225  to  113  that  it  should  not. 
This  every  body  imagines  to  be  a  prelude  to  a  repeal, 
which  has  given  great  Satisfaction  not  only  to  every 
American  in  this  part  of  the  world,  but  to  every  think- 
ing man  that  is  a  well  wisher  to  his  Country.  It  is 
imj)ossible  to  describe  the  tumult  and  disorder  here, 
owing  to  a  total  Stagnation  of  those  Manufactures 
America  took  off  of  our  hands,  which  Kept  thousands 
of  people  from  Starving,  who  have  now  not  a  morsel 
of  bread  to  eat,  and  are  as  rife  for  Rebellion  as  Some 
others  are  thought  to  be.     *    *    * 

Yours  Sincerely 

W?  Skinner. 


1766]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  549 


Circular  letter  from  Mr.  Secretary  Conway  to  the 
Governors  in  North  America,  informing  them 
that  a  Bill  is  brought  in  and  lias  made  some  pro- 
gress in  Parliament  for  the  Repeal  of  the  Stamp 
Act. 

[From  P.  R.  O.  Ameiica  and  West  Indies,  Vol.  251  ^269).] 

St.  James's,  1^'  March  17(^.(;. 
Sir 

I  am  very  sorry  not  to  be  able,  as  yet,  to  give  you 
any  Instruction  for  the  Rule  of  Your  Conduct  in  the 
perplexed  Situation  of  Things  in  the  Colonies;  But 
'I'he  Parliament,  to  whose  Wisdom  His  Majesty  has 
been  pleased  to  refer  those  affairs,  not  having  come  to 
any  ultimate  Decision  thereon,  I  may  not  presume  to 
give  You  any  positive  Direction :  At  the  same  Time, 
It  is,  I  think,  my  Duty  to  inform  You,  That  a  Bill  is 
brought  in,  and  has  made  some  Progress  in  the  House 
of  Commons,  for  the  Repeal  of  the  Stamp  Act;  and 
that  other  Proceedings,  relative  to  the  mutual  Rights 
of  Great  Britain,  and  Her  Colonies,  are  also  in  Con- 
sideration before  Parliament.  As  soon  as  ever  any 
Thing  is  ultimately  determined  by  The  Legislature, 
You  may  depend  upon  the  Speediest  Information  from 
Me,  and  will  not  fail  to  receive  therewith  His  Majesty's 
further  Instructions.  In  the  mean  Time,  the  King 
relies  on  Your  Discretion  to  take  the  properest  Meas- 
ures, that  the  Circumstances  of  the  Times  may  re- 
quire, for  the  Good  of  the  Colony  committed  to  Your 
care.  I  am  &ci' 

H.  S.  Conway. 


550  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [17G6 


Circular  letter  from  Secretary  Conway  to  the  several 
Oovernors  of  North  America^  transmitting  copies 
of  two  Acts  of  Parliament — one  for  securing  the 
dependency  of  the  Colonies  on  the  Mother  Country, 
the  other  for  the  Repeal  of  the  Stamp\Act. 

[Fi-om  P.  R.  C,  America  and  West  Indies,  Vol.  851  (369).] 

St  James's,  31'*  March  1766. 
Sir, 

Herewith  I  have  the  pleasure  of  transmitting  to  you 
Copies  of  two  Acts  of  parhament  just  passed:  the  first 
for  securing  the  Dependency  of  the  Colonies  on  the 
Mother  Country;  the  second,  for  the  Repeal  of  the 
Act  of  last  Session,  granting  certain  Stamp  Duties  in 
America;  And  I  expect  shortly  to  send  You  a  third, 
for  the  Indemnity  of  such  persons,  as  have  received 
the  penalties  imposed  by  the  Act  just  repeaFd,  as  such 
a  Bin  is  now  depending,  &  has  made  a  considerable 
progress  in  the  House  of  Commons. 

The  Moderation,  the  Forbearance,  the  unexampled 
Lenity  &  Tenderness  of  parliament  towards  the  Colo- 
nies, which  we  so  signally  displayed  in  those  Acts,  can- 
not but  dispose  the  province,  committed  to  Your  Care, 
to  that  Return  of  chearful  Obedience  to  the  Laws,  & 
legislative  Authority  of  G.  Britain,  &  to  those  Senti- 
ments of  respectful  Gratitude  to  the  Mother  Country; 
which  are  the  natural,  &,  I  trust,  will  be  the  certain 
Effects  of  so  much  Grace  and  Condescension,  so  re- 
markably manifested  on  the  part  of  His  Majesty  &  of 
the  parliament;  And  the  future  happiness  &  prospertiy 
of  the  Colonies  will  very  much  depend  on  the  Testi- 
monies, the}^  shaU  now  give  of  these  Dispositions. 

For,  as  a  dutiful  &  affectionate  return  to  such  pecu- 
liar proofs  of  Indulgence  &  Affection,  may,  now  at 


1766]       ADMi:S"ISTItATrON    OF    GOVERNOR    FRANKLIN.  551 

this  great  Crisis,  be  a  means  of  fixing  the  mutual  In- 
terests &  IncHnations  of  G.  Britain  &  her  Colonies  on 
the  most  firm  &  soKd  Foundation,  so  it  cannot  but 
appear  visible  that  the  least  Coldness  or  Unthankful- 
ness,  the  least  Murmuring  or  Dissatisfaction,  on  any- 
Ground  whatever,  of  former  heat,  or  too  much  pre- 
vailing prejudice,  may  fatally  endanger  that  Union, 
and  give  the  most  severe  &  affecting  blow  to  the  future 
interests  of  both  Countries. 

You  will  tliink  it  scarce  possible,  I  imagine,  that  the 
paternal  Care  of  his  Majesty  for  his  Colonies,  or  the 
Lenity  &  Indulgence  of  the  Parhament  should  go 
farther  than  I  have  akeady  mentioned:  Yet,  so  fuU  of 
true  magnanimity  are  the  Sentiments  of  both,  &  so 
free  from  the  smallest  Colour  of  Passion  or  prejudice, 
that  they  seem  disposed  not  only  to  forgive,  but  to 
forget  those  most  unjustifiable  Marks  of  an  undutiful 
Disposition,  too  frequent  in  the  late  Transactions  of 
the  Colonies,  &  which,  for  the  honor  of  those  Colonies, 
it  were  to  be  wish'd  had  been  more  discountenanc'd 
and  discourag'd  by  those,  who  had  Knowlege  to  con- 
duct themselves  otherwise. 

A  Revision  of  the  late  America  Trade  Laws  is  going 
to  be  the  immediate  Object  of  Parliament:  Nor  will 
the  late  Transactions  there,  however  provoking,  pre- 
vent, I  dare  say,  the  full  operation  of  that  Kind  & 
indulgent  Disposition  prevailing  both  in  his  Majesty  & 
his  parliani:,  to  give  to  the  Trade  &  Interests  of 
America  every  Relief  which  the  true  State  of  their 
Circumstances  demands  or  admits. 

Nothing  will  tend  more  effectually  to  every  concili- 
ating Purpose,  and  there  is  nothing  therefore  I  have 
it  in  Command  more  earnestly  to  require  of  You,  than 
than  that  you  should  exert  Yourself  in  recommending 
it  strongly  to  the  Assembly,  that  full  &  ample  Com- 
pensation be  made  to  those  wlio,  from  the  Madness  oi 
the  People,  have  suffered  for  their  Deference  to  Acts 


552  ADMUNTIS'TRATIOJSr    OF    GOyEIiNOR   FRAXKLIN,        [1766 

of  the  British  Legislature ;  and  you  will  be  particularly 
attentive,  that  such  persons  be  effectually  secured  from 
an}^  farther  Insult;  And  that,  as  far  as  in  You  lies,  You 
will  take  Care,  by  Your  Example  &  Influence,  that 
they  may  be  treated  with  that  respect  to  their  Persons, 
&  that  Justice  in  regard  to  all  their  Pretensions,  which 
their  Merits  &  their  Sufferings  undoubtedly  claim. 
The  resolutions  of  the  House  of  Commons  which,  by 
his  Matys  Commands  I  transmit  to  you,  to  be  laid 
before  the  Assembly  will  shew  you  the  sense  of  that 
House  on  those  points;  And  I  am  persuaded  it  will,  as 
it  certainly  ought,  be  the  Glory  of  that  Assembly  to 
adopt  &  imitate  those  sentiments  of  the  British  Par- 
liament, founded  on  the  clearest  principles  of  human- 
ity &  Justice.  I  must  mention  one  Circumstance  in 
particular  which  ought  to  recommend  those  unhappy 
People,  whom  the  Outrage  of  the  populace  has  driven 
from  America,  to  the  Affection  of  all  that  Country; 
which  is,  that  Unprovoked  by  the  Injuries  they  had 
suffered  to  a  f orgetfulness  of  what  they  owed  to  Truth 
&  their  Country,  they  gave  their  Testimonies  with 
Knowlege  &  without  passion  or  prejudice;  and  those 
Testimonies  had  I  believe,  great  weight  in  persuading 
the  Repeal  of  the  Stamp  Act. 

Your  Situation  which  has  made  You  a  Witness  of 
the  Distraction  of  that  Country,  will  enable  You  to 
form  the  best  Judgment  of  the  behaviour  which  Your 
Province  ought  to  use  upon  this  Occasion,  &  of  the 
Arguments  which  You  ought  to  employ  to  enforce  the 
Necessity  of  such  a  behaviour  as  is  suitable  to  their 
present  Circumstances 

I  am  &c5' 

H.  S.  Conway. 


1766]        ADMIIsriSTUATION'    OF    GOVERKOK   FKANKLIN'.  553 


Circular  letter  from  the  Dnke  of  Richmond,  Secretary 
of  State,  to  all  the  Governors  in  North  America 
and  West  Indies,  transmitting  copy  of  the  Act  of 
Parliament  to  indenrnify  such  j^ei^sons  as  have  in- 
curred the  penalties  imposed  upon  them  by  the 
Stamp  Act. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  3(59.] 

Whitehall,  12"'  .June  ITOC. 
Sir, 

I  have  the  pleasure  of  transmittmg  to  You  herevv^ith 
inclosed,  a  Printed  Copy  of  an  Act  of  Parliament, 
entitled,  "  An  Act  for  indemnifying  Persons  who  have 
"incurred  certain  Penalties  by  an  Act  of  the  last 
"Session  of  Parhament,  for  granting  certain  Stamp 
"Duties  in  the  British  Colonies  and  Plantations  in 
"America,"  tfec?"  as  also  Copy  of  another  Act,  "for 
"  Opening  and  EstabHshing  certain  Ports  in  the  Islands 
"of  Jamaica  &  Dominica,  for  the  more  free  Importa- 
"tion  &  Exportation  of  certain  Goods  &,  Merchan- 
"  dizes"  &  other  Purposes  therein  set  forth. 

Thus  you  see.  Sir,  that  not  only  the  greatest  Atten- 
tion has  been  shown  to  His  Majesty's  American  Sub- 
jects, by  the  Repeal  of  an  Act  which  they  had  com- 
plained of,  but  those  Grievances  in  Trade  which  seemed 
to  be  the  first  and  chief  Object  of  their  Uneasiness, 
have  been  taken  into  the  most  minute  Consideration, 
&  such  Regulations  have  been  estabhshed,  as  will,  it  is 
hoped,  restore  the  Trade  of  America  not  only  to  its 
former  flourishing  State,  but  be  the  means  of  greatly 
increasing  and  improving  it,  to  the  Conveniency  & 
Advantage  of  All  His  Majesty's  Subjects  in  every 
part  of  His  Dominions. 

With  these  Views  have    these    Regulations    been 


554  ADMIN"ISTRATION    OF    OOVERl^OR   FRAN"KLI>^.        [1766 

enacted,  &  from  the  best  Enquiries  into  the  Commerce 
of  America,  it  is  more  than  probable  that  very  Salutary 
Effects  will  answer  the  Intentions. 

Such  manifest  Concern  and  tender  Regard  shewn 
by  His  Majesty,  &  His  Parliament  for  the  true  Happi- 
ness and  Prosperity  of  the  Colonies  and  Plantations 
cannot  fail,  I  am  persuaded,  to  produce,  on  their  Part, 
suitable  Sentiments  of  Duty,  Respect  &  Gratitude  to 
Their  King,  &  of  Love  and  Attachment  to  their  Mother 
Country. 

I  am  &C?' 

Richmond,  &c. 


Additional  Paragraph  to  the  Governors  of 
Places  where  no  Opposition  was  made  to 
The  Stamp  Act. 

Gov'.'' of  Jamaica,  Barbado's,  Grenada,  Bahama  Islands, 
East  Florida,  West  Florida,  Bermuda,  Pensylva 
nia,  Nova  Scotia,  Quebec. 

Tho'  it  does  not  appear  by  any  Advices  hitherto 
received  that  any  of  the  Peoj)le  under  your  Govern- 
ment have  subjected  themselves  to  the  Penalties  men- 
tioned in  the  first  of  these  Acts,  it  was  nevertheless 
thought  expedient  that  I  should  send  you  a  Copy  of  it, 
lest  any  unexpected  Event  should  have  since  made  it 
necessary  *  *  *  *  *  *  at  the  same 
time  I  have  it  in  express  Command  from  the  King  to 
signify  His  highest  Approbation  of  the  Dutiful,  Loyal 
&  Discreet  Conduct  observed  in  Your  Government 
during  the  late  unjustifiable  Transactions  in  other 
Parts  of  America. 


i7<5()]        ADMINISTKATION"    OF    GOVPniNOR   FRAisTKLlN.  555 


Letter  from  Governor  Franhlin  to  Secretary  Convmy, 
transmitting  a  copy  of  Ju's  speech  to  the  Council 
and  Assembly,  congratulating  them  on  the  repeal 
of  the  Stamp  Act;  also  the  addresses  of  those 
bodies  to  His  Majesty. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  172  (190).] 

Perth  Amboy,  June  10^"  ITOG 
Right  Hon'''''  Henry  Seymour  Conway,  Esq. 

Sir 

I  had  the  Honour  of  receiving  your  two  Letters  of 
the  r^  &  3r'  of  March,  with  the  two  Acts  of  Parha- 
ment,  and  the  Resohitions  of  the  House  of  Commons, 
which  were  contained  in  the  last.  I  immediately  sum- 
moned the  Council  &  Assembly  to  meet  at  this  Place, 
when  I  laid  those  Papei-s  before  them,  and  recom- 
mended it  to  them  to  return  their  Thanks  &  Acknowl- 
edgements to  His  Majesty  and  his  Parliament  for  their 
great  Goodness  &  Condescension  in  relieving  this 
Country  from  the  Difficulties  occasioned  by  the  Stamp 
Act.  This  they  have  unanimously  agreed  to  do,  and 
their  Addresses  will,  I  believe,  be  trans njitted  to  their 
Agent  in  England  by  this  Opportunity:  And  I  have 
Reason  to  think  that  you  will  find  them  filled  with  the 
warmest  Expressions  of  Duty  &  Gratitude. 

It  gives  me  great  Pleasure  tliat  I  liave  been  able, 
thro'  all  the  late  Disturbances,  to  preserve  the  Tran- 
quility of  this  Province,  notwithstanding  the  Endeav- 
ours of  some  to  Stimulate  the  Populace  to  such  Acts 
as  have  disgraced  other  Colonies. 

The  Wisdom  of  the  present  Measures  have  already 
had  the  best  Effects  in  America,  &  afford  the  pl(\asing 
prospect  of  an  uninterrupted  Harmony  between  the 
two  Countries. 


556  ADMINISTRATiOIT    OF    GOVERNOR   FRANKLIN.        [176G 

The  Legislature  is  still  sitting,  and,  in  all  Probability 
we  shall  have  an  amicable  Session.  I  send,  herev^ith, 
a  Copy  of  my  Speech  to  the  Council  &  Assembly  on 
this  Occasion,  and  as  soon  as  I  can  obtain  a  Copy  of 
their  Proceedings  I  shall  do  myself  the  Honour  of 
transmitting  it  to  you  likewise. 

I  am  with  the  greatest  Respect,  Sir,  Your 

most  obedient  &  most  humble  Servant 

W^  Franklin 

Since  writing  the  above,  the  Council  &  Assembly 
have  brought  me  their  respective  Addresses  to  His 
Majesty,  which  they  desired  me  to  transmit  to  you, 
with  a  Request  that  you  would  do  them  the  Favour  to 
lay  them  before  His  Majesty;  or  that  you  would  be  so 
condesceuding  as  to  direct  their  Agent  (who  has  Orders 
to  wait  on  you  for  the  Purpose)  as  to  the  Manner  in 
which  they  should  be  presented. — I  accordingly  send 
them  enclosed. 

W  Franklin 


Governor  of  New  Jersey's  Speech  to  the  Coun- 
cil &  Assembly — In  His  Letter  of  the  19*^' 

Gentlemen  of  the  Council,  &  Gentlemen  of  the 
Assembly, 

Altho'  I  was  desirous  to  have  met  you  sooner,  yet  I 
postponed  calling  you  together  till  I  was  enabled  to 
Acquaint  you  with  the  Determination  of  his  Majesty 
&  the  British  parliament  on  the  Act  for  granting  cer- 
tain Stamp  Duties  in  America.  This  delay,  I  imagined, 
tho'  it  made  the  Session  somewhat  later  in  the  Season, 
than  usual,  would  be  more  agreeable  to  you  than  to 
be  put  to  the  Inconvenience  of  Another  meeting  on 
that  particular  account. 

It  gives  me  great  satisfaction  that  I  have  it  now  in 
my  power  to  Communicate  to  you  an  Act  for  the 
repeal  of  that  Statute,  and  to  present  you  with  my 


1756]        ADMIN^ISTRATIOX    OF   rxOVERNOR    FRANKLIX.  n57 

sincere  Congratulations  on  the  happy  Termination  of 
this  most  Important  Affair. 

You  will  see  by  the  Right  Honourable  M''  Secretary 
Conway's  Letter,  that  such  is  the  kind  &  Indulgent 
disposition  prevailing  both  in  His  Majesty  and  his  Par- 
liament, that  they  are  Inclined  not  only  to  Indemnify 
those  persons  who  have  Incurred  the  penalties  of  the 
late  Stamp  Act,  but  to  give  the  Trade  &  Interests  of 
America  Every  Relief  which  the  true  State  of  our  Cir- 
cumstances may  demand  or  Admit. 

I  have  likewise  received  a  C*opy  of  an  Act  for  the 
better  securing  the  dependency  of  the  Colonies  on  the 
Mother  Country.  This  I  shall  order  to  be  laid  before 
you,  together  with  sundry  Resolutions  of  the  Honour- 
able House  of  Commons,  expressing  their  Sentiments 
of  those  late  unwarrantable  Transactions  which,  un- 
happily, were  too  prevalent  throughout  the  Colonies 
of  America. 

It  must,  however,  be  mentioned  to  the  Credit  of  New 
Jersey,  that  no  act  of  Outrage  or  Violence,  no  hurt  to 
person  or  property  has  been  Committed  by  the  Inhab- 
itants of  this  Province.  The  good  Effects  which  have 
resulted  from  such  Conduct,  will  no  doubt  Afford 
them  great  pleasure  in  the  Reflection  ;  And  they  may 
be  Assured,  that  I  have,  from  time  to  time,  done 
them  the  Justice  to  make  their  prudent  Behaviour,  in 
this  respect,  known  to  His  Majestys  Ministers. 

But  I  should  think  myself  greatly  wanting  was  I 
not  to  take  this  opportunity  of  Acknowledging  the 
Services  rendered  the  Crown  &  this  Province  by  Cap- 
tain Hawker,  Commander  of  His  Majesty's  Ship  Sar- 
doine,  who,  upon  my  Request,  with  great  politeness 
&  Readiness,  undertook  the  Care  cSc  protection  of  the 
Stamp'd  Papers  destin(3d  for  New  Jersey.  Nor  should 
I  pass  over,  without  Connnendation,  the  good  Con- 
duct of  you  Gentlemen  of  the  Council  &  General  As- 
sembly, who,  together  with  the  Chief  Justice,  and 
other  Justices  of  the  Supream  Court,  many  of  the 


558  ADAIINISTRATION    OF   GOVERNOR   FRANKLIN.        [1766 

Justices  of  the  Inferior  Courts  and  the  most  eminent 
Gentlemen  of  the  Law,  have  Hkewise,  in  your  and 
their  respective  Stations,  been  greatly  Instrumental  in 
promoting  &  preserving  the  Peace  &  Order  of  the 
Province. 

Happily,  the  Storm  which  for  some  time  past  raged 
so  Violently  as  to  threaten  the  future  welfare  of  Great 
Britain  &  her  Colonies,  is  at  length  Subsided.  The 
Tenderness,  Lenity  &  Condescension — the  Wisdom, 
Justice,  and  Equity,  which  his  Majesty  and  the  Par- 
liament have  manifested  on  this  Signal  Occasion,  can- 
not but  make  deep  Impressions  upon  the  mind  of  every 
Loyal  American  Subject,  and  Excite  the  most  lively 
Keturns  of  Duty  &  Gratitude. 

It  is  Needless,  Gentlemen,  I  am  convinc'd,  for  me 
to  urge  any  Arguments  to  give  you  a  Just  Sense  of 
your  particular  Duty  at  this  great  Crisis  ;  more  espec- 
ially as  you  will  find  it  so  fully  and  ably  pointed  out 
in  the  very  Excellent  Letter  from  His  Majesty's  Secre- 
tary of  State. 

AU  I  shall  add,  therefore,  is  my  hearty  wishes,  that 
there  may  be,  henceforth,  an  Indissoluble  Union  of 
the  Hearts  of  all  the  Kings  Subjects  in  the  Bonds  of 
mutual  Affection,  so  that  there  may  remain  no  other 
Contention  among  them,  but  who  shall  Exceed  the 
other  in  contributing  to  Advance  the  General  Interest, 
happiness  and  Glory  of  the  British  Empire. 

W'.'  Franklin 


The  Council  of  New-Jersey's  Address   to  His 

Majesty 

To  THE  King's  Most  Excellent  Majesty 

Host  Gracious  Sovereign 

With  unfeigned  Assurances  of  Duty  Loyalty  and 
Affection,  and  with  the  highest  Sentiments  of  Gi'ati- 
tude  Esteem  and  Veneration;  Vv^e  your  Majestys  Sub- 
jects the  Members  of  the  Council  of  your  Province  of 


17G6]        ADMINISTRATION    OF   GOVERNOR   FKANKLIN.  559 

New  Jersey,  beg  leave  to  Approach  Your  Throne  with 
our  Tribute  of  Thanks,  and  Grateful  Acknowledgments 
for  the  Happiness  which  necessarily  results  to  the  In- 
habitants of  this  Province,  from  your  Majestys 
Gracious  Condescention  in  assenting  to  the  Repeal  of 
the  late  American  Stamp  Act. 

As  the  Distress  and  Anxiety  which  lately  Depressed 
the  minds  of  your  faithfull  Subjects  in  these  your 
Dominions,  and  excited  the  most  alarming  and  melan- 
choly Apprehensions,  are  now  happily  dissipated — The 
Joy  We  feel  on  this  occasion  is  not  to  be  Equalled,  but 
by  the  Sincerity  of  our  TliankfuUness,  and  Gratitude, 
for  this  Signal  relief  afforded  us,  and  for  the  pleasing 
Prospect  of  such  Extension  of  Commercial  Priviledges 
to  Great  Britain,  and  Her  Colonies,  as  must  lay  the 
Foundation  of  Lasting  Union  between  them,  and  every 
Part  of  your  Majestys  extensive  Empire— The  Colony s 
thus  cherished  and  protected,  will  we  trust  for  ages 
continue,  the  happy  Seats  of  Wealth,  Freedom,  and 
Loyalty ;  Such  marks  of  Royal  favour  and  Attention 
to  the  Welfare  and  Prosperity  of  a  growing  People, 
are  worthy  a  Prince  deservedly  the  Delight  of  His 
Subjects— Worthy  the  Wisdom  &  Dignity  of  a  British 
Senate,  The  Constitutional  Guardians  of  the  Laws, 
The  Liberties,  and  the  Properties  of  the  People. 

Permitt  us  to  Assure  your  Majesty  that  we  Ac- 
knowledge the  Wisdom  Justice  and  Goodness  of  the 
Parliament  of  Great  Britain,  that  their  Dignity  and 
Authority  ought  ever  to  be  Supported,  a  Constitu- 
tional Dependance  maintained,  and  a  ready  Obedience 
paid  by  All  the  Subjects  of  your  Majestys  Extensive 
Dominions;  Convinced  by  the  Present  Motives  of  our 
Joy  &  ThankfuUness,  That  whilst  enlarged  Views 
for  the  Commercial  concerns  of  your  Kingdoms,  and 
Colonies,  shall  prevail  in  your  Majestys  Councils;  The 
British  Parliament  will  b(^  a  Source  of  Laws  adapted 
to  the  Genms  of  the  Inhabitants  of  the  Colonies,  pro- 


560  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1766 

ductive  of  advantage  to  be  v^ished  or  hoped  for,  and 
firmly  Unite  the  most  Grateful!,  and  Obedient  Sub- 
jects, to  the  most  Indulgent  and  Amiable  Sovereign. 
By  Order  of  the  House 

Peter  Kemble  Spe^ 


The  Assembly  of  New-Jersey's  Address  to  His 

Majesty 

To  THE  Kings  Most  Excellent  Majesty. 

May  it  Please  Your  Majesty 

We  Your  Majesty's  Most  dutif uU  and  Loyal  Subjects 
the  Representatives  of  the  Colony  of  New  Jersey  in 
General  Assembly  Met  Humbly  Beg  Leave  to  Approach 
Your  Eoyal  Person,  and  with  the  most  Unfeigned 
Gratitude,  to  thank  Your  Majesty  for  Your  Great 
Condescention  and  Goodness  in  giving  Your  assent  to 
the  Eepeal  of  the  Act  Granting  Certain  Stamp  duties 
in  America. 

It  has  Been  Invariably  the  Principle  of  Your  Royal 
house  to  Govern  Your  People  according  to  the  Consti- 
tution, And  their  Glory  to  Rule  over  a  Nation  of 
Freemen. 

Your  Faithful!  Americans  have  Ever  been  free,  and 
with  tlie  Most  Unbounded  Loyalty  and  Affection  to 
Your  Majesty  and  Respect  and  Veneration  for  tlie 
Parliament  of  their  Mother  Country,  They  were  Most 
Sensibly  affected  when  they  Saw  a  Law  Passed  that 
Endangered  both  their  Liberty  and  Property. 

Their  Struggles  on  this  Occasion  (Untill  their  Case 
Could  be  Laid  before  Your  Majesty  and  the  Parha- 
ment)  however  they  may  appear,  or  are  Represented, 
were  not  those  of  Rebellion  or  Disaffection,  But  those 
of  Freemen,  Attached  to  Your  Majesty's  Person  and 
Government. 

It  is  with  the  Greatest  Satisfaction  that  We  See 


1766]        ADMINISTRATION    OP   GOVERNOR   FRANKLIN.  561 

Your  Majesty,  Your  Present  Worthy  Ministry,  and 
Your  Parliament,  Penetrating  the  True  Cause  of  our 
Uneasiness  and  Kelieving  us  from  the  Burthen  of  an 
Impolitic  Law;  The  Wisdom  and  Justice  of  this 
Measure  will  henceforth,  we  douht  not,  Induce  Your 
American  Subjects  to  Place  the  Greatest  Confidence 
in  Your  Majesty  and  the  British  Parliament,  and  be  a 
sure  means  of  ConciHating  the  Affections  of  the  People 
of  both  Countries. 

Permit  us  most  Gracious  Sovereign  at  the  same 
Time  that  We  Present  our  Sincere  and  Humble  thanks 
to  Your  Majesty  for  the  Repeal  of  this  Law  to  assure 
Your  Majesty  that  as  We  heretofore  Granted  Aids  to 
the  Crown  Suitable  to  our  Circumstances,  so  When- 
ever Requisitions  are  made  for  that  Purpose  in  the 
Antient  and  Accustom'd  manner,  our  duty  to  Your 
Majesty  and  Concern  for  the  Glory  and  Interest  of 
Britain  will  Ever  Induce  us  Chearfully  to  Comply 
therewith  to  the  Utmost  of  our  Abihties;  And  as  no 
danger  Can  Approach  Britain  without  Giving  us  the 
most  Sensible  Alarm,  So  Your  Majesty  may  be  assur'd, 
that  with  filial  duty  we  Shall  Ever  be  Ready  to  afford 
all  the  Assistance  in  our  Power,  and  Stand  or  fall  with 
that  Kingdom  from  which  we  Boast  our  descent,  And 
to  which  we  are  Attached  by  the  Strongest  Ties  of 
duty,  Gratitude,  and  Affection. 

Signed  by  order  of  the  House 

Cortland  Skinner  Speaker. 

House  of  Assembly  June  201''  1T<;<>. 


36 


562  ADMINISTRATION   OF   GOVERNOR   FRANKLIN.        [176(i 


Reply  of  the  Council  to  the  Speech  of  Gov.  Frmiklin, 
at  the  opening  of  the  Session  of  the  Legislature, 
congratulating  him  on  the  repeal  of  the  Stamp  Act. 

[From  Skinner  Papers  among  Manuscripts  of  W.  A.  Whitehead,  Vol.  I,  No.  86. J 

To  His  Excellency  William  Franklin  Esq.  Cap- 
tain General  &  Commander  in  Chief  of  the 
Province  of  New  Jersey. 

May  it  please  Your  Excellency. 

We  His  Majesty's  most  Dutiful!  &  Loyall  Subjects 
the  Council  of  the  Province  of  New  Jersey  beg  leave 
to  return  your  Excellency  our  Thanks  for  your  Speech 
at  the  Opening  of  the  Sessions. 

We  most  Sincerely  Re  Joyce  with  your  Excellency 
on  the  Repeal  of  the  Act  for  Granting  certain  Stamp 
Duties  in  America  ;  an  Event  as  it  so  greatly  conduces 
to  the  Peace  &  Happiness  of  His  Majesty's  American 
Dominions  cannot  but  Excite  in  us  the  Utmost  Grati- 
tude &  Thankfullness  for  this  fresh  Instance  of  His 
Majesty's  Royal  favour  and  of  the  Wisdom  &  Justice 
of  the  British  Parliament. 

An  Indemnification  to  those  Persons  who  have  In- 
curred the  Penalties  of  the  Late  Stamp  Act  must  be 
considered  as  a  farther  mark  of  the  Lenity  &  Indul- 
gence of  Our  Sovereign,  and  every  new  Measure  that 
may  be  Resolved  on  to  Increase  the  Commercial  Inter- 
ests of  Great  Britain  and  her  Colonies  will  further 
Evince  the  Advantages  which  must  ever  Redound  to 
a  people  from  the  advice  of  a  Ministry  who  have  Judg- 
ment to  discern  &  Inclination  to  promote  the  True 
Interest  happiness  &  Prosperity  of  the  Nation. 

It  aif ords  us  great  Satisfaction  that  the  wise  meas- 
ures pursued  by  your  Excellency  during  the  late 
alarming  Period,  were  attended  with  Good  Effects  of 


I 


17fi6]        Al):\riNISTKATION    OF   GOVERNOR   FRANKLIN.  563 

preserving  the  Public  Peace  of  the  Colony,  and  it  Re- 
flects Credit  on  the  Inhabitants  that  their  prudent  and 
orderly  Behaviour  lias  been  obvious  to  your  Excel- 
lency; and  their  thanks  are  due  to  you  for  such 
favourable  Representations  as  you  have  been  pleased 
to  make  of  them  to  His  Majesty's  Ministers. 

Your  Excellency's  Approbation  of  our  Conduct  is  a 
further  Satisfaction  to  us.  Respect  to  the  Authority 
of  Government,  the  Preservation  of  Peace  and  good 
order  in  this  Colony  will  ever  be  objects  of  our  strict 
Attention,  and  it  is  with  Pleasure  we  have  observed  in 
the  Conduct  of  the  Chief  Justice  and  many  Magistrates 
&  others  of  this  Province  that  they  have  been  actuated 
by  the  same  Sentiments. 

The  Tenderness,  Lenity  &  Condescension  of  His 
Majesty,  and  the  Wisdom  &  Justice  of  the  British 
Parliament,  in  removing  the  Danger  that  lately  threat- 
ened the  Colonies,  Cannot  but  Excite  in  all  his 
American  Subjects  the  strongest  Sentiments  of  Loyalty 
and  will  necessarily  Contribute  to  advance  the  General 
Interest  and  Happiness  of  the  British  Empire,  which 
we  shall  ever  strenuously  Endeavour  to  promote. 


Circular  from  the  Lords  of  Trade  to  the  Governors  of 
the  Plantations  in  America,  requiring  from  them 
an  account  of  the  several  manufactures  carried  on 
in  their  respective  Governments. 

[From  New  York  Colonial  Documents,  Vol.  Vn,Tp.  »17.] 

Whitehall  Aug  P'  17G() 
Sir 

In  pursuance  of  an  address  of  the  House  of  Lords  to 
His  Majesty  on  the  27"'  of  March  last,  and  of  His 
Majesty's  Commands  thereupon,  Signified  to  us  by 
His  Grace  the  Duke  ol'  Richmond,  in  a  letter  to  us 


564  ADMIN ISTEATION    OF   GOVERNOR   FRANKLIN.        [1766 

dated  the  11"'  ultimo,  you  are  forthwith  to  prepare, 
and,  as  soon  as  possible  transmit  to  us,  in  order  to  be 
laid  before  the  House  of  Commons  in  the  next  Session, 
a  particular  and  Exact  Account  of  the  Several  Manu- 
factures which  have  been  set  up  and  Carried  on  within 
the  Colony  under  Your  Government  since  the  Year 
173-1:.  And  of  the  public  encouragement  which  have 
been  given  thereto. 

You  are  also  from  time  to  time  Annually  to  transmit 
the  like  Account  of  any  Manufactures  which   shall 
hereafter  be  set  U]),  and  of  tlie  Public  Encouragement 
which  have  been  given  thereto. 
We  are  &c 

Dartmouth.     John  Roberts 
Ed.  Elliot.      W"  Fitzherbert 
Palmerston 


Proclamation  of  Governor  of  New  Yo7^k — relative  to 
the  robbery  of  the  East  Jersey  Treasury. 

[From  N.  Y.  Col.  MSS.,  in  Secretary  of  State's  Office,  Albany,  Vol.  XCV.,  p.  48.J 

3*7T*'  ^^  ^^^^  Excellency  Sir  Henry  Moore  Bar- 
i-  ,_**  onet  Captain  General  and  Governor  in 
Chief,  in  and  over  the  Province  of  New 
York  and  the  Territories  depending  thereon 
in  America,  Chancellor  and  Vice  Admiral 
of  the  same 

A  Proclamation 

Whereas  it  appears  on  Oath  that  in  the  Night  of 
the  twenty  first  day  of  July  last,  the  House  of  Stephen 
Skinner  Esq'  Treasurer  of  the  Eastern  Division  of  the 
Province  of  New  Jersey,  was  broke  open,  and  upwards 
of  Seven  thousand  Pounds,  feloniously  taken  and  car- 


I 


1766]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  565 

ried  away  from  thence,  by  some  Person  or  Persons 
unknown,  part  of  the  said  Money  consistmg  of  Dollars: 
a  small  part  of  Gold;  and  the  Residue  chiefly  of  New 
Bills  of  Credit  of  the  Colony  of  New  Jersey.  And 
Whereas  his  Excellency  the  Governour  of  that  Prov- 
ince, has  requested  that  I  would  give  Directions  to  the 
Civil  Officers  within  this  Government  to  use  their  En- 
deavors to  discover  and  apprehend  the  Perpetrators  of 
the  said  Felony;  and  for  this  purpose  to  examine  all 
Persons  who  from  the  possession  of  an  unusual  Sum  of 
the  Currency  of  the  Colony  of  New  Jersey,  or  other 
Circumstances  may  be  suspected  of  being  Concerned 
therein.  I  liave  therefore  thought  fit  by  and  with  the 
Advice  of  his  Majesties  Council  of  this  Province,  to 
Notify  the  Premises  by  this  Proclamation,  Hereby  also 
strictly  enjoining  and  requiring  all  Magistrates  Jus- 
tices of  the  Peace,  Sherifs  and  other  Officers  within 
the  same,  diligently  to  exert  themselves  in  order  to 
discover  the  Perpetrator  or  Perpetrators  of  the  Bur- 
glary and  Felony  aforesaid  and  if  found,  him  or  them 
to  apprehend  and  Commit  or  Cause  to  be  apprehended 
or  Committed  to  the  next  Jail  there  to  remain  to  be 
dealt  with  according  to  Law. 

Given  under  my  Hand  and  Seal  at  Arms  at  Fort 
George  in  the  City  of  New  York  the  third  day  of 
August  one  thousand  seven  hundred  and  sixty  eight; 
in  the  Eighth  Year  of  the  Reign  of  our  Sovereign  Lord 
George  the  Third  by  the  Grace  of  God  of  Great  Britain, 
France  and  Ireland  King  Defender  of  the  Faith  and  so 
forth. 

By  his  Excellencys  Command     -         ""         "        ""•■ 

H.    MOOKE. 

God  save  the  King 

It  appears  by  Governor  Franklins  Proclamation  of 

the  twenty  sixth  of  July  that  the  Person  who  shall 

discover  and  bring  the  above  Offenders  or  either  of 

them  to  Justice  will  be  entitled  to  Fifty  Pounds  from 


566  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1766 

the  Governour  of  New  Jersey,  and  to  a  farther  Eeward 
of  One  hundred  Pounds  to  be  paid  by  Mr.  Skinner, 
and  that  any  accompHce  making  such  discovery  will 
also  be  entitled  to  his  Majesty's  most  gracious  Pardon. 


Additional  Instruction  to  the  Governors  in  the  Amer- 
ican Plantations,  regidating  their  Correspondence. 

[From  New  York  Colonial  Documents,  Vol.  VII.,  p.  848.] 

Whitehall  Aug.  9.  1Y66. 
Whereas  we  have  thought  fit  by  Order  made  in  our 
Privy  Council  on  the  8*^''  Instant,  to  revoke  and  repeal 
an  Order  made  in  Council  by  his  late  Majesty  our 
royal  Grandfather  on  the  4"'  of  March  1752,  containing 
several  Rules  and  Regulations  relating  to  our  Colonies 
and  Plantations  in  America  and  elsewhere,  particularly 
with  respect  to  the  Correspondence  to  be  carried  on 
between  our  Commissioners  for  Trade  and  Plantations 
and  the  Governors  of  the  said  Colonies  and  Plantations 
respectively.  It  is  therefore  Our  Will  and  Pleasure 
to  revoke  and  annul  and  We  do  hereby  revoke  and 
annul  all  and  every  such  Part  and  Parts  of  our  gen- 
eral Instructions,  and  of  any  additional  Instructions  to 
you,  as  do  direct  and  require  you  to  Correspond  in 
matters  relative  to  your  Government  with  Our  Com- 
missioners for  Trade  and  Plantations  only;  And  it  is 
Our  Will  and  Pleasure  that  in  all  cases  where  you  are 
directed  &  required  to  transmit  any  General  or  partic- 
ular Accounts  of  your  proceedings,  or  of  matters  rela- 
tive to  your  Governments,  you  do,  for  the  future 
transinit  the  same  to  us,  by  one  of  our  principal  Sec- 
retaries of  State,  and  also  transmit  Duplicates  thereof 
to  our  Commissioners  for  Trade  and  Plantations  for 
their  information  except  in  cases  of  a  secret  iiatare. 


1766]        ADiMINISTRATION    OF    GOVERNOR    FRANKLIN.  507 


Letter  from  Governor  Franklin  to  the  Secretary/  of  the 
Lords  of  Trade,  transmitting  votes  of  the  Assem- 
bly ayid  Laws  passed  at  the  last  session. 

[From  P.  R.  O.,  B.  T.,  New  Jersey,  Vol.  9,  K.  59.  | 

Burlington,  New  Jersey,  Sept'"  1<)'"  1T(><5 
John  Pownall  Esq. 

Sir, 

I  receivVI  yours  of  the  l!>^''  of  June,  with  the  several 
Acts  of  Parliament  relating  to  America,  which  passed 
in  the  last  Session. 

Enclosed  are  the  printed  Votes  of  the  Assemhly,  and 
the  Laws  past  at  a  Session  held  at  Amboy  in  June 
last,  which  I  must  desire  you  to  lay  before  the  Lords 
Commiss''*  for  Trade  &  Plantations,  as  they  contain 
all  the  late  Transactions  of  any  Importance  within 
this  Government.  By  the  Indisposition  of  the  princi- 
pal Clerk  in  the  Secretary's  Office,  I  am  prevented 
from  sending  a  Copy  of  the  Minutes  of  Council,  &  cer- 
tified Copies  of  the  Acts  in  the  usual  Manner,  but 
their  Lordships  may  depend  upon  receiving  them  by 
the  next  Packet. 

I  am,  Sir,  Your  most  obedient 

and  hiunble  Servant 

W  Franklin 


5(38  A-UMIJSriSTKATION    OF   GOVEKNOK   FRANKLIN.        [1766 


Letter  from  Goveimor  Franklin  to  the  Duke  of  Rich- 
mond, Secretary  of  State,  acknowledging  receipt 
of  Acts  of  Parlia^nent  relative  to  America,  and 
transmitting  the  last  votes  and  acts  of  the  Assem- 
bly of  New  Jersey. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  172  (190).] 

Burlington,  New  Jersey,  Sept'"  11"',  1T06 

His  Grace  the  Duke  of  Richmond,  &c  Sec'"^  of 

State 
My  Lord, 

I  have  had  the  Honour  of  receiving  Two  Letters  from 
your  Grace,  dated,  June  12'?'  &  July  10"'  with  Sundry 
Acts  relative  to  America,  which  passed  in  the  last 
Session  of  Parliament.  These  Acts  are  such  Proofs  of 
the  Attention  of  His  Majesty  &  the  British  Parliament 
to  the  Welfare  and  Happiness  of  the  King's  American 
Subjects  as  must  necessarily  inspire  them  with  Suitable 
Sentiments  of  Duty  and  Gratitude.  With  my  Dis- 
patches of  the  10'.''  of  June  last,  I  transmitted  to  M"' 
Scretary  Conway,  the  Addresses  of  the  Council  & 
Assembly  of  this  Province,  containing  their  dutiful  & 
grateful  acknowledgments  for  the  Repeal  of  the  Stamp 
Act,  which  I  hope  will  meet  with  His  Majesty's  most 
gracious  Approbation.  I  now  enclose  a  printed  Copy 
of  the  last  Votes  &  Acts  of  Assembly,  and  should  have 
sent  you.r  Grace  a  Copy  of  the  Minutes  of  Council,  by 
this  Opportunity,  but  that  the  Indisposition  of  one  of 
the  principal  Clerks  in  the  Secretary's  Office  has  pre- 
vented By  these  your  Grace  will  be  inform'd  of  every 
Occurrence  of  a  publick  Nature,  in  this  Province, 
which  is  worth  communicating. 

I  am,  with  the  greatest  Respect 
My  Lord,  Your  Grace's  most 

obedient  &  most  humble  Servant 

W^  Franklin 


17()6]        ADMINISTRATION    OF    (JOVEKNOU    FIIANKLIN.  569 


Circular  Letter  from  the  Earl  of  Shelburne  to  all  the 
Governors  in  America,  in  relation  to  complaints 
made  by  the  Superintendents  of  Indian  Affairs, 
concerning  the  murdering  of  Indians  under  Brit- 
ish protection. 

[From  P.  R.  O.  America  ami  West  Indies,  Vol  269.  J 

Whitehall  Sept!"  13"'  HOC* 
Sir 

Advices  having  been  received  from  His  Majesty's 
Superintendents  for  Indian  Affairs,  that  the  most  un- 
provoked violences  and  Murthers  have  been  lately 
committed  on  the  Indians,  under  the  Protection  of 
His  Majesty,  and  whose  Tribes  are  at  present  in  Peace 
and  Amity  with  His  Majesty's  Provinces,  and  that  the 
offenders  have  not  yet  been  discovered  and  brought  to 
Justice,  and  likewise  that  Settlements  have  been  made 
on  the  Back  of  the  Provinces,  without  proper  Author- 
ity and  beyond  the  Limits  prescribed  by  His  Majesty's 
Royal  Proclamation  of  17(i?>,  and  in  some  Places  even 
beyond  the  utmost  Boundaries  of  any  Province  in 
America,  and  that,  in  consequence,  the  Indian  Nations 
do  every  where  discover  the  greatest  Discontents  and 
Resentments  which  may  endanger  the  Peace  of  His 
Majesty's  Provinces,  and  the  safety  of  His  subjects. 

It  is  therefore  His  Majesty's  Commands,  that  you 
apply  yourself  in  the  most  earnest  manner,  to  remedy 
and  prevent  those  Evils,  which  are  as  contrary  to  the 
Rules  of  good  Policy  as  of  Justice  and  Equity. 

The  Violation  of  those  Principles  attended  also  with 
so  many  Dangers  to  the  Provinces,  is  what  cannot  be 
permitted  ;  If  a  due  Obedience  had  been  paid  to  His 
Majesty's  Royal  Proclamation,  and  a  due  attention 
given  to  proper  Restraints  on  the  Conduct  of  the  In- 


570  ADMINTSTEATION   OF   GOVERNOR    FRANKLIN.        [1766 

dian  Traders,  these  Evils  would  have  been  effectually 
avoided. 

His  Majesty's  Commander  in  Chief  has  received  ex- 
press Orders  co-operate  with  the  Civil  Government  for 
the  enforcing  a  due  obedience  to  that  Proclamation  : 
and  His  Majesty  requires  and  expects  every  Measure 
to  be  taken  which  Prudence  can  dictate  for  the  remov- 
ing such  Settlers,  preventing  in  future  any  such  set- 
tlements as  are  contrary  to  the  Intention  of  the 
Proclamation,  and  for  apprehending  such  Offenders, 
whose  daring  Crimes  have  so  direct  a  Tendency  to  in- 
volve the  whole  of  His  Majesty's  Provinces  in  America 
in  an  Indian  War. 

I  am  &c^ 

Shelburne 


Letter  fro7n  Secretary  Shelburne  to  Governor  Frank- 
lin, conveying  the  King^s  approval  of  the  conduct 
of  the  people  of  New  Jersey  as  well  as  that  of  the 
Governor  during  the  late  disturbances. 

[From  P.  R.  O.  America  &  West  Indies,  Vol.  172  (190).] 

Whitehall  Sept'  IS.  1766. 
GoY^  Franklin. 

Sir. 

I  have  laid  before  the  King  your  Letter  of  the  lOV' 
June,  together  with  the  Addresses  therein  inclosed, 
from  the  Council  and  from  the  Assembly  of  New  Jer- 
sey, on  occasion  of  the  Repeal  of  the  late  Stamp  Act, 
which  could  not  fail  of  being  very  agreeable  to  His 
Majesty. 

His  Majesty  is  greatly  pleased  with  the  Dutiful  and 
Prudent  Behaviour  of  His  Loyal  Colony  of  New  Jer- 


1766]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  571 

sey  during  the  late  Disturbances  in  America,  and  I 
have  the  Pleasure  to  acquaint  you,  Sir,  of  His  Majes- 
tys  gracious  Approbation  of  their  Conduct. 

The  ease  and  honor  of  His  Majesty s  Government  in 
America  will  greatly  depend  on  the  Temper  and  Wis- 
dom of  those  who  are  entrusted  with  the  Administra- 
tion there.  A  conduct  regulated  by  just  and  liberal 
Principals,  suffering  no  Encroachment  on  the  one 
hand  on  His  Majesty's  just  and  lawful  Prerogative,  on 
the  other  hand  beholding  with  Pleasure,  the  prudent 
&  decent  Exercise  of  that  Freedom  which  belongs  to 
the  People,  cannot  fail  of  engaging  the  Hearts  of  His 
Majesty's  American  Subjects,  and  of  continuing  in 
New  Jersey  that  dutiful  Disposition  towards  His  Maj- 
esty, and  Confidence  in  Government  which  you  repre- 
sent so  much  to  its  Honor  to  have  prevailed  there 

I  am  &'' 

Shelburne 


Letter  from  lienerij  Wilmot  to  Cortlaiidt  Skinner, 
acknoivledging  the  receipt  of  Assembly's  resolution 
appointing  him  Age}it  of  the  Pi^ovince,  and  an- 
nouncing another  change  in  the  administration. 

[From  the  Skinner  Papers  among  Mamiseripts  of  W.  A.  Wliiteliead,  Vol.  I,  No.  89.) 

Bloomsbury  Square  25"'  Sep-  MQ'd. 
Sir 

I  Received  the  Honour  of  your  letter  of  the  2o"'  June 
with  the  Resolution  of  the  House  of  Representatives 
appointing  me  their  Agent,  and  with  their  Address  to 
his  Majesty.  If  I  had  no  other  reason  than  Lord  Ster- 
ling's request,  I  could  refuse  nothing  his  Lordship 
desired.  But  I  am  very  sensible  of  the  Honour,  the 
House  of    Representatives    have    done    me  in  their 


572  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1766 

Unanimous  appointment,  and  you  in  Particular  in 
Proposinp^  me  to  be  their  agent,  and  I  will  endeavour 
to  serve  the  Province  to  the  utmost  of  my  Power.  Two 
Things  I  must  begg  leave  to  promise  to  you.  The  first 
is  that  any  Instructions  you  shall  be  pleased  to  give 
me,  you  wiU  be  full  in  your  Dii-ections,  and  Consider 
me  as  at  present  in  some  Degree  a  Stranger  to  your 
Colony.  The  Second  is  that  I  am  agent  for  the  four 
Leeward  Islands,  and  if  ever  any  Contest  shall  arise 
wherein  their  Interests  and  yours  come  in  Competition 
(which  probably  wiU  never  happen)  you  must  allow 
me  to  preserve  my  allegience  to  them. 

I  Directly  presented  your  Address  by  L''  Shelburne 
to  his  Majesty  and  it  was  incerted  in  the  Gazette. 

We  have  now  had  another  Change  of  Administra- 
tion. These  frequent  Changes  most  certainly  are  Detri- 
mental to  the  Publick.  I  think  them  so  distructive 
that  I  think  it  wrong  to  change  even  to  a  better 
Administration,  if  it  could  be  had.  I  hope  this  wiU  be 
lasting.  Indeed  I  do  not  see  to  whom  his  Majesty  can 
apply,  if  he  is  Dissatifyed  with  this  Administration. 
Lord  Chatham  is  certainly  in  full  Poss[ess]ion  of  the 
Closet,  at  present.  My  friend  Lord  Camden  is  Chan- 
cellor, and  my  old  master  Lord  Northington  President 
of  the  Councill.  I  am  sorry  Lord  Dartmouth  does  not 
Continue.  I  cannot  but  think  it  has  been  a  great 
advantage  to  the  Colonys  to  have  had  the  first  Lord  of 
Trade  Secretary  of  State  for  the  Colonys.  It  woukl 
have  given  great  Dispatch  and  Lessned  Expence. 
This  was  intended,  and  the  whole  was  Settled,  and 
Lord  Dartmouth  had  Kissed  hands  for  it,  if  the  last 
Administration  had  continued  a  week  longer.  This 
measure  it  seems  was  not  liked  by  Lord  Chatham,  who 
would  not  permitt  it.  Lord  Dartmouth  thought  it  in- 
consistent with  his  Honour,  unless  that  business  was 
Compleated,  to  continue,  and  therefore  his  Lordshi]3 
resigned.     Tlie  Parliament  is  to  meet  the  IP''  Novemb' 


1766J        ADMINISTRATION    OF    GOVERNOR   FRANKLIN.  573 

for  the  Dispatch  of  business.  The  opposition  will  be 
Considerable,  but  there  is  not  the  least  doubt  but  the 
present  Administration  will  stand,  if  they  continue  to 
have  the  full  Support  of  the  Crown,  which  if  for  no 
other  reason  but  the  necessity  of  it,  I  think  they  must 
have. 

You  will  be  so  obliging  as  to  Present  my  proper 
Acknov^dedgements  to  the  House  of  Representatives, 
and  to  believe  me  to  be  with  the  greatest  Honour  and 
and  Eegards, 

Sir,  Your  most  ffaithful  most  oblged 

&  most  obed'  hble  Servt 

Henry  Wilmot 


Circular  Letter  to  all  the  Governors  of  America,  re- 
questiyig  them  to  give  an  exact  estimate  of  the 
annual  charge  of  maiyitaining  the  entire  establish- 
ment of  their  respective  Provinces;  also  the  mode 
of  imposing  quit-rents,  and  of  gr aiding  lands. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  270  (291).l 

Whitehall  Dec-"  11,  l7G7-<!(). 

To  all  the  Governors  on  the  Continent  of 
America. 

I  am  to  signify  to  You  His  Majesty's  Pleasure  that 
You  will  with  as  much  Dispatch  as  may  lie  ti'ansmit 
to  Me  for  His  Maty's  Information  an  exact  Estimate 
of  the  annual  Charge  of  maintaining  &  Supporting 
the  Entire  Establishment  of  His  Majesty's  Colony  of 

distinguishing  the  different  Funds  &  the  different 

Services  to  which  those  Funds  are  appiopriated.     You 
will  be  very  particular  in  specifying  what  Funds  are 


574  ADMINISTKATION    OF    GOVERNOR    FRANKLIN.        [1766 

fixed  &    regular,    from   those  which    are    annually 
granted  or  which  expire  in  a  given  time. 

It  is  also  His  Majesty's  Pleasure  that  You  ti^ansmit 
to  me  at  the  same  time,  a  full  &  clear  account  of  the 
manner  of  imposing  Quit  Eents,  &  of  levying  them  as 
also  the  mode  of  granting  Lands  in  Your  Colony, 
specifying  the  Amount  of  Arrears  of  Quit  Eents,  & 
the  Number  of  Grants  hitherto  made,  &  to  whom,  how 
many  Acres  to  each,  &  at  what  time  the  Grants  have 
been  made. 

I  am  <kc^- 

Shelburne 


Letter  from  Governor  FranMin  to  the  Earl  of  Shel- 
burne, concern  hi (/  the  Mu7'ders  and  Violences  com- 
mitted on  the  Indiafis,  and,  the  New  Jersey  Act 
for  supplying  the  Barracks. 

fFroiii  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  !),  K.  04. 1 

Burlington  December  IG'."  17<)t'. 

Right  Hobo'''*'  the  Earl  of  Shelburne  Secretary 

of  State 

My  Lord 

I  am  honoured  with  your  Lordships  Letters  of  the 
9"'  of  August,  &  two  others  of  the  l^^**  of  September, 
which  I  should  have  acknowledged  by  the  last  Packet, 
but  that  I  was  at  that  time  greatly  indisposed  with  a 
Fever. 

His  Majesty's  Commands  to  direct  my  Dispatches 
henceforward  to  your  Lordship  could  not  but  be  ex- 
tremely agreeable  to  me;  and  I  shall  not  fail  paying- 
strict  Obedience  to  those  Orders  I  may  from  Time  to 
Time  have  the  Honour  to  receive  from  your  Lordship. 


nOO]        ADMINTISTRATIOK    OF   GOVKRXOK    FRANKLIN.  575 

I  communicated  to  the  Council  your  Lordship's  Let- 
ter mentioning  the  gracious  Reception  His  Majesty 
was  pleased  to  give  their  Address,  which  was  greatly 
pleasing  to  them.  The  Assemldy  have  not  met  since 
it  came  to  hand,  hut  when  they  do  I  shall  communi- 
cate it  to  them  likewise,  and  doubt  not  but  it  will 
afford  them  equal  Pleasun\  His  Majesty's  gracious 
Approbation  of  my  Conduct  gives  me  peculiar  Happi- 
ness, as  it  lias  always  been  my  highest  Ambition  and 
constant  Endeavour  to  render  myself  in  some  Degree 
worthy  of  it.  And  I  cannot  but  hold  myself  greatly 
indebted  to  your  Lordship  for  the  very  obliging  Man- 
ner in  which  you  have  been  pleas'd  to  express  yourself 
on  the  Occasion. 

In  answei"  to  your  Lordship's  Letter  of  the  lo'!'  of 
Septembei",  relative  to  the  Violences  &  Murthers  which 
have  lately  been  committed  on  the  Indians  under  the 
Protection  of  His  Majesty,  I  can  assure  you  Lordship 
that  whatever  may  be  the  Case  in  the  other  Colonies, 
nothing  of  the  kind  has  been  suffered  to  pass  with 
Impunity  in  this  Province,  This  I  believe,  His  Majes- 
ty's Commander  in  Chief,  &  the  Superintendant  for 
Indian  Affairs  wiU  do  me  the  Justice  to  acknowledge. 
There  has  been  lately  two  Persons  executed  here  for 
the  Murder  of  two  Indian  Squa's,  belonging  to  a  small 
Tribe  settled  in  the  interior  Parts  of  the  Province,  on 
Lands  given  them  by  the  Publick.  These  Men  were  not 
Inhabitants  of  this  Colony,  but  were  passing  thro'  in 
their  Way  to  JST.  York,  and  ha])pening  to  meet  the  Squa's 
on  the  Road,  they  robb'd  and  murdered  them  in  a 
most  barbarous  Manner,  1  omitted  nothing  in  my 
Power  to  have  the  Villians  ap[)rehended,  &  was  so 
lucky  as  to  have  them  taken  in  a  few  Days  after,  and 
brought  to  Justice,  I  have  likewise  Ix^en  indefatiga- 
ble in  my  Endeavours  to  liave  another  Murderer  ai)i)re- 
hended  who  killed  an  Oneida  Indian  on  the  Frontiei-s 
of  this  Province,  in  which  after  a  great  deal  of  Tiouble 


576  ADMINISTRATION    OF   GOVERNOE   FRANKLIN.        [1766 

&  Management,  I  have  happily  succeeded,  and  I  doubt 
not  but  he  will  likewise  be  brought  to  condign  Punish- 
ment, at  a  Court  of  Oyer  and  Terminer  to  be  held  this 
Day  in  the  County  of  Sussex. — These  are  the  only  two 
Affairs  of  the  kind  which  have  happened  in  this  Prov- 
ince during  my  Administration;  &  I  hope  these  In- 
stances of  Attention  and  Regard  to  the  Indians  will 
prove  an  Advantage  to  the  British  Interest  with 
them,  as  well  as  of  Service  to  those  Colonies  where 
they  have  not  met  with  the  same  Justice.  We  are, 
indeed,  less  interested  in  keeping  up  a  good  Under- 
standing with  the  Indians  than  almost  any  other 
Colony  in  N.  America,  as  they  do  not  pretend  any 
Claim  to  Lands  within  our  Limits,  and  as  we  have  no 
Trade  or  Intercourse  with  them  except  now  &  then  a 
Hunter  of  the  Six  Nations  straggles  down  among  our 
Frontier  Settlements. 

I  send  herewith  Copies  of  the  Minutes  of  Council  & 
Twenty  two  Acts  pass'd  at  the  last  Sessions  of  General 
Assembly.  They  are  chiefly  for  the  draining  and 
Banking  of  Meadows,  repairing  of  Roads,  and  other 
purposes  of  that  kind  ;  but  none  of  them  are  of  a  new 
or  extraordinary  Nature.  I  should  mention  however, 
that  in  the  ''Act  for  supplying  the  several  Barracks' 


'  The  people  of  New  Jersey  having  complained  to  the  Governor  and  to  the  As- 
sembly of  the  evils  and  inconveniences  arising  from  the  billeting  upon  them  of  the 
British  soldiers,  the  Legislatiu-e,  on  April  15, 1758,  appointed  commissioners  to  erect 
suitable  barracks  for  the  accommodation  of  the  troops  at  Bm-lington,  Trenton, 
Perth  Amboy,  New  Brunswick  and  Elizabeth-Town,  at  each  of  which  places  such 
barracks  were  erected,  to  accommodate  three  hundred  men.— NevilVs  ioww,  II., 
183;  Allinson's  Laws,  218.  At  the  close  of  the  French  war  the  furnitiu-e  was  sold 
off,  and  the  barracks  rented.  The  agitation  occasioned  by  the  Stamp  Act  led  to 
frequent  movements  of  troops  through  the  Province  again,  and  in  the  Smnmer  of 
1706  the  Legislature  passed  an  act  "appointing  commissioners  for  supplying  the 
several  barracks  erected  in  the  Colony  with  furniture  and  other  necessaries  for  ac- 
commodating the  King's  troops  in  or  marching  through  this  Colony,"  which  being 
objected  to  by  Governor  Franklin,  as  above,  failed  to  receive  the  Royal  sanction 
and  was  disallowed  May  13,  17^7.— All insoiVs  Latvs,  396.  All  the  barracks  were 
ordered  sold  by  act  of  June  1,  1786,  and  were  disposed  of.  A  full  and  interesting 
account  of  the  movements  which  led  to  the  erection  of  these  barracks  will  be  found 
in  a  paper  read  by  Adjutant-General  William  S.  Stryker,  before  the  New  Jersey 
Historical  Society,  January  30, 1881,  on  "  The  Old  Barracks,  at  Trenton,  New  Jer- 


1766]        ADMINISTRATIOlSr    OF    GOVERNOR    FRANKLIN.  577 

erected  in  this  Colony  tvith  Furniture  &  oilier  Neces- 
saries, for  accomodating  the  Kings  Troops  in,  or  march- 
ing thro''  this  Colony-''  they  have,  instead  of  specifying 
the  several  Articles  required,  to  be  furnished  by  the 
Act  of  Parliament,  impowered  the  Barrack  Masters  to 
Xirovide  "Firewood,  Bedding,  Blankets  &  such  other 
' '  Necessaries  as  have  been  heretofore  usually  fur- 
"  uished  to  the  several  Barracks  within  this  Colony." 
I  did  all  I  could  to  prevail  on  them  to  insert  the  very 
Words  of  the  Act  of  Parliament,  and  to  impower  the 
Barrack  Masters  to  furnish,  at  the  Expence  of  the 
Province,  the  same  Articles  as  were  therein  required. 
But  it  was  to  no  Purpose.  They  said  they  had  always 
furnish'd  every  Thmg  which  was  necessary  ;  that  the 
Officers  &  Soldiers  who  had  been  quartered  here  never 
complain'd,  but  on  the  contrary,  many  of  them  ac 
knowledg'd  they  were  better  accomodated  here  than 
they  had  ever  been  at  Barracks  in  Europe.  They  added 
that  they  look'd  upon  the  Act  of  Parliament  for  Quar- 
tering Soldiers  in  America  to  be  virtually  as  much  an 
Act  for  laying  Taxes  on  the  Inhabitants  as  the  Stamp 
Act ;  and  that  it  was  more  partial,  as  the  Troops  were 
kept  in  a  few  of  the  Colonies,  whereby  others  were 
exempted  from  contributing  any  Thing  towards  the 
Expence.  I  was  therefore  obliged  to  take  the  Act  as 
it  was  tendered,  or  to  let  His  Majestys  Troops  remain 
unprovided  with  Necessaries.  I  have,  however,  the 
Pleasure  of  finding  the  Eegiment  stationed  in  this 
Province  perfectly  satisfied  with  their  Quarters.  No 
Complaints  whatever  have  been  made  to  me,  &  I  be- 
lieve there  are  but  few,  if  any  Articles  of  Consequence 
required  by  the  Act  of  Parhament  but  what  they  are 
furnished  with  here. 


sey."  A  description  of  tlie  barraclcs  at  Perth  Amboy  is  given  by  Mr.  Whitehead  in 
his  history  of  that  place,  250-8.  The  bairacks  at  New  Brunswick  were,  by  act  of 
June  18,  1783,  authorized  to  be  transformed  into  the  jail  and  court-house  for  Mid- 
dlesex county,  at  the  expense  of  the  county.— TFt7sojt.'i'  Laws,  aiC-?.— [W.  N.J 

37 


67S  ADMIJSriSTRATION    OF   GOVERNOR   FRANKLIN.        [1766 

I  must  beg  leave  to  refer  your  Lordship,  tor  further 
Particulars  of  the  Transactions  within  this  Govern- 
ernment,  to  the  Minutes  of  Council  sent  herewith. 
The  printed  Minutes  of  Assembly  were  sent  in  Septem- 
ber. I  have  the  Honour  to  be  with  great  Eespect 
My  Lord,  Your  Lordships 

most  obedient  &  most  humble  Servant 

W  Franklin. 


Letter  from  Governor  Franklin  to  the  Earl  of  Skel- 
hurne,  informing  liim  of  the  Trial  and  Execution 
of  one  Seymour  for  the  murder  of  an  Oneida 
Indian. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  172  (190).] 

Burlington,  N.  Jersey  Dec'"  2o''."  1700 

The  Right  Hon^.^^  the  Earl  of  Shelburn,  Sec'7  of 

State 

My  Lord 

I  have  this  Moment  receiv'd  a  Letter  from  Judge 
Read,  whom  I  sent  into  the  County  of  Sussex,  with  a 
Special  Commiss"  of  Oyer  &  Terminer  to  try  one  Sea- 
mour,  the  Supposed  Murderer'  of  the  Oneida  Indian, 
in  which  he  informs  me,  That  he  procured  Indians  to 


^  In  Benjamin  B.  Edsall's  historical  address  at  the  Sussex  Centenary,  in  1853,  he 
thus  alludes  to  the  matter  referied  to  by  Governor  Franklin:  "  Robert  Seymour 
was  apprehended  upon  a  charge  of  murdering  an  Indian ;  but  by  the  assistance  of 
three  friends  he  broke  jail,  and  fled  to  parts  unknown.  His  three  friends  were  in- 
dicted for  aiding  his  escape,  but  I  have  been  unable  to  find  in  the  Court  minutes 
any  record  of  their  conviction  and  punishment." — Sussex  Centenary,  18.53.  45. — 
[W.  N.J 


176G]        ADMIKTSTRATION"   OF   GOVERNOR   FRANKLIN.  579 

attend  the  Trial,  and  that  Seamour  was  convicted  and 
executed,  a  Detachment  of  the  Mihtia  attending  the 
Execution  to  prevent  a  Rescue. 

I  have  the  Honor  to  be,  with  great  Respect, 
M}^  Lord,  Your  Lordship's,  most 

obedient  &  most  humble  Serv* 

Wf  Franklin 


Accou7it  by  Governor  Franklin  of  the  Standing  Sala- 
ries annually  granted  to  the  Officers  of  the  Gov- 
ernment of  New  Jersey,  which  at  Sixty  per  cent., 
the  Medium  of  Exchange  with  Great  Britain, 
amounts  to  £l,o75  Sterling. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  270  (291).] 

To  the  Governor     ....     £750  —  f^  Annum 

To  the  Chief  Justice  .         .  93  15 

To  the  second  Justice  of  the  Sup"' 

Court 31    5 

To  the  3'^  Justice  of  the  Supreme  Court  31    5 

To  the  Attorney  General       .         .         18  15 

To  one  Treasurer  residing  at  Amboy     25  — 

To  one  Treasurer  residing  at  Burling- 
ton .         .         .         . 

To  the  Clerk  of  the  Council 

To  the  Agent  residing  at  London 

To  the  Clerk  of  the  Circuits 

To  the  Doorkeeper  of  the  Council 

£1075  —  Sterling. 

The  Incidental  Charges  and  daily  Wages  during  the 
Attendance  on  Legislative  Business  are  : 
To  the  Members  of  the  Council,  and  of  the  Assembly 

Three  Shillings  and  nine  Pence  Each  |^  day. 
To  the  Clerk  of  Assembly  five  shillings  |^  day. 


25 

- 

18  15 

62 

10 

12 

10 

*) 

5 

580  ADMINISTRATION    OF   GOVERN  OE   FRANKLIN.        [1766 

To  the  Serjeant  at  Arms  to  the  Council  &  the  Assem- 
bly One  Shilling  and  ten  Pence  1?  Day. 

To  the  Doorkeeper  of  the  Assembly  Two  shillings  ^ 
Day. 

To  the  Governor  for  House  Rent  Thirty  seven  Pounds 
Ten  Shillings  'jif^  Annum. 

The  other  Incidental  Charges  are  such  as  arise  for  the 
Repair  of  Five  Barracks  built  at  the  Expence  of 
the  Colony,  Each  capable  to  contain  300  Men;  And 
the  Allowance  by  Law  to  be  made  to  the  Troops 
from  Time  to  Time  Quartered  in  them,  which  is 
altogether  uncertain. 

Also  an  Allowance  to  the  Chief  Justice,  or  other  Jus- 
tice of  the  Supreme  Court,  of  Six  pounds  five  shil- 
lings Sterling  for  holding  a  Court  of  Oyer  and 
Terminer  when  there  shall  be  Occasion  in  any  of 
the  Countys  of  the  Colony.  And  an  Allowance 
to  the  Agent  for  Petty  Expences  of  about  Thirty 
pounds  Sterling  f^  Annum. 

These  Charges  are  now,  and  have  been  since  my 
Arrival  in  the  Government,  paid  by  a  Surplusage  of 
Money  struck  for  His  Majesty's  Service  during  the  late 
Wai',  which  was  to  be  sunk  by  a  Tax  in  a  Time  limit- 
ed in  those  Acts,  and  the  same  has  hitherto  been  sunk 
with  great  Regularity  under  the  Inspection  of  the 
Legislative  Body. 

Before  the  War  the  Expence  of  Government  was 
paid  by  the  Interest  of  Money  emitted  on  loan  by  His 
Majesty's  Approbation,  and  when  that  Money  was 
called  in  (by  Virtue  of  the  Acts  which  gave  it  a  Cur- 
rency to  a  certain  Time)  the  Support  of  Government 
was  raised  annually  by  Tax,  on  the  real  and  personal 
Estates  of  the  Inhabitants,  which  must  be  very  short- 
ly the  Case  again. 

There  are  no  Duties  on  the  Import  or  Export  of  any 
Commodities  but  such  as  are  laid  and  appropriated  by 
Act  of  Parliament. 


1707]       ADMINISTIIATION    OF   GOVERNOR    FRANKLIN.  581 

The  Collectors  of  His  Majestys  Customs  are  the  only 
Officers  who  have  any  Salary  or  Allowance  from  Great 
Britam. 

All  the  Salaries,  &  Incidental  Charges  of  Govern- 
ment, are  annually  granted  and  appropriated  by  Act 
of  Assembly;  they  are  issued  (except  Assembly  men's 
Wages)  by  Warrant  of  the  Governor  in  Council,  & 
accounted  for  by  the  Treasurers,  to  the  joint  Commit- 
tees of  Council  and  Assembly. 

AU  the  Salaries  allowed  in  this  Government  are 
very  low,  having  been  for  the  most  Part  settled  when 
the  Province  was  in  its  Infancy;  and  as  the  Expence 
of  Living  is  since  greatly  increased  they  are  not  suffi- 
cient, with  the  Fees  and  Perquisites  of  (3ffice  added, 
to  support  the  Officers  in  a  Manner  suitable  to  their 
Stations. 

W^'  Franklin 

Burlington,  New  Jersey  Dec'"  2S,  ITOO 


Letter  from  Jolin  Stevens  to  James  Parker  of  FerfJi 
Ainbojj,  aimoiu/cing  that  a  Commission  for  Set- 
tling the  line  between  New  York  and  New  Jersey 
had  arrived,  and  (jiving  the  names  of  the  Commis- 
sioners. 

[From  New  Jersey  MauuscriiJts,  Vol.  II.,  No.  105,  belonging-  to  (he  New 
Jersey  Historical  Society.  | 

New  YoJiK  Jan^'  2o*"  ITCT 
Sir. 

A  Commission  for  settling  the  Hue  between  This 
Province  and  New  Jersey  came  to  S-  Henry  Moore  by 
the  Packet  that  anived  two  days  ago,  and  as  I  have 
ordered  two  Copies  of  it  one  to  send  to  you  and  the 


582  ADMIN^ISTRATION   OF   GOVERNOR   FRANKLIN.        [1767 

other  for  us  here  I  need  not  mention  any  Particulars 
and  only  give  you  a  list  of  the  Com"".^  We  are  of 
opinion  the  proprietors  or  as  many  of  them  as  can 
get  together  should  meet  and  instruct  the  agents  fee 
Lawyers  &  advise  on  what  steps  to  take.  This  meet- 
ing had  best  be  here  as  we  expect  L'^  Stirhng  here  & 
shall  be  near  Mr  Ogden  &  Our  Lawyers  at  this  place. 
I  think  we  should  fee  M',  Chew  whoes  own  interest 
will  make  him  attentive  &  may  be  very  usef ull.    I  am 

Your  Very  Hum,  Serv* 

Jn°  Stevens 


LIST  OF  COMMISSIONERS. 

John  Temple 

Peter  Randolph 

Charles  Stewart,  Surveyor  General 

Andrew  Elliot. 

Chambers  Russell 

W"\  AUen.  ' 

Samuel  Holland  |  Surveyor  Generals  for  Southern 

W"'  De  Brahm    )  &  Northern  Districts  of  America 

Andrew  Oliver 

Charles  Morris,  One  of  the  Council  of  Nova  Scotia 

Peyton  Randolph. 

Benjamin  Franklin 

Jared  Ingersoll. 

Any  five  of  them  to  make  a  quorum— first  meeting 
to  be  at  N  York  &  then  wlien  &  where  they  think 
proper. 


17(57]        AD.MINISTRATIOX    OF    GOVERNOR    FRANKLIN.  583 


Petition  of  Peter  Hasenclever  &  Company,  of  Loudon, 
to  tlte  Earl  of  Shelburne,  praifing  fJuit  tlieij  ina// 
be  allowed  to  purchase  Lands  at  St.  Maurice,  and 
giving  their  reasons  therefore. 

[From  P.  R.  O.  America  and  West  luilies.  Vol.  i50  (-^70).  | 

London  The  28  Jaiuuuy  1T»')7. 

To  the  Earl  of  Shelburne  one  of  His  Majesty's 

Principal  Secretaries  of  State. 

The  Memorial  of  Peter  Hasenclever'  and  Company 
of  London  Merchants,  in  behalf  of  themselves  &  others, 
Humbly  Sheweth,  That  in  the  Year  ]  768.  they  entered 
into  agreement  to  purchase  in  joint  concern  such  tracts 
of  Land  in  the  Province  of  New  York  or  in  New  Jer- 
sey as  should  be  convenient  for  erecting  Furnaces, 
Forges,  &  other  Buildings,  requisite  for  establishing  a 
Manufactory  for  making  Pig,  &  Bar  Iron  for  supply 
of  the  Mother  Country;  apprehending  that  from  such 
improvements  as  appeared  to  them  to  be  practicable 
in  the  methods  of  carrying  on  that  business  they  should 


'"Peter  Hasenclever,  sometimes  called  Baron  Hasenclever,  was  a  German, 
born  at  Remscheid,  in  the  Rhenish  provinces,  in  1716,  who  had  been  a  partner  in  a 
mercantile  house  at  Cadiz,  Spain.  On  accoimt  of  the  climate,  wliich  was  unfavor- 
able to  his  wife's  health,  he  went  to  London  in  the  year  17(i3.  where  she  had  been 
li^'ing  since  1757.  Tliere  he  formed  a  partuersliip  under  the  firm  name  of  Hasen- 
clever. Seton  &  Crofts,  with  joint  capital  of  i'-,'l,000.  He  soon  induced  a  respectable 
companj-  of  pei-sons— Major-General  Greeme.  Commodore  Forest,  George  Jackson, 
Secretary  of  Admiralty,  and  others— to  agree  to  spend  from  £10.000  to  £10.000  in 
the  production  of  Pig  Iron,  Hemp,  Pot  and  Pearl  Ashes  in  North  America.  The 
agreement  was  made  in  January,  176-1,  and  by  Jime  of  that  year  he  himself  reached 
New  Yov\i."'— Notice  of  Peter  Hasenclever,  by  Henry  A.  Homes,  LL.  D.,  Albany, 
187.5,  1.  Within  a  month  after  his  arrival,  or  on  July  .5,  1764,  he  bought  out  the 
mines,  forges  and  other  property  of  the  old  Ringwood  Company,  located  at 
Wanaque,  Ringwood,  Long  Pond  (Greenwood  Lake)  and  Charlottesliurgh,  in  the 
present  Pompton  and  West  Milford  Townships,  Passaic  County,  New  Jersej",  for 
£5,000.— Earl !/  nistonj  of  Morri.t  Count>j,  by  the  Rev.  J.  F.  Tuttle,  D.D..  New  Jer- 
sey Historical  Proceedings,  May,  1869.  He  and  his  associates  constituted  the 
"American  Company."  but  in  this  country  were  generally  called  the  ■'  London 
Company."  The  local  tradition  is  that  Queen  Charlotte,  wife  of  George  IH.,  and 
several  of  her  ladies  in  waiting,  were  interested  in  the  Company,  and  hence  the 


584  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1767 

bring  American  Barr-Iron  to  such  perfection,  as  ren- 
der it  fit  for  all  uses  as  well  in  the  Eoyal  Navy,  as  for 
private  Trade;  and  thereby  Lessen  the  great  demands 
made  for  this  Article  from  Sweeden,  Spain,  &  Russia, 
and  also  to  import  the  same  at  less  Prices  than  at 
present  paid  for  Iron  from  Sweeden,  from  whence  the 
largest  Quantity  &  best  sorts  are  received. 

That  previous  to  making  these  purchases  your 
Memoriahst  undertook  to  procure,  &  did  actually  ob- 
tain a  considerable  Number  of  Germans  accustomed 
to  work  in  Iron  Factories,  whom  they  sent  at  their  own 
charge  with  their  Wives  &  Families  amounting  to  up- 
wards of  Three  Hundred. 

That  M'.'  Hasenclever  who  is  a  German  by  birth,  & 
skill'd  in  the  process  of  working  Iron  from  the  Mine, 


name  of  the  mining  village.  Charlottesburgh,  which  was  originally  called  bv  the 
Germans  Charlottenburg,  although  it  may  have  been  so  called  by  them  after  the 
town  of  that  name  near  Berlin.  "  Such  was  the  energy  of  this  sanguine  man  that 
he  actually  made  iron  at  a  decayed  iron  works  by  November,  1764,  and  had  pur- 
chased in  New  York  and  New  Jersey  50,000  acres  of  land  for  his  Company.  By  this 
month,  too,  there  arrived  hundreds  of  German  miners,  farmers  and  mechanics, 
with  their  families,  whom  his  agents  had  engaged  in  Germany.  Within  a  year  he 
had  imported  535  such  persons.  In  August,  1765,  he  bought  a  ship  in  New  York, 
which  he  loaded  for  London  with  furs  and  timber,  and  with  iron  and  potash  of  his 
own  manufacture,  and  '  it  was  universally  allowed  by  the  trade  that  his  iron  was 
the  best  drawn  which  had  ever  made  its  appearance  on  the  London  market  from 
America.'  At  the  end  of  the  next  year,  1766,  he  had  in  operation  fom-  furnaces  and 
seven  forges  in  New  Jersey  and  New  York,  and  a  pot  and  pearl  ash  manufactory 
on  the  Mohawk  river,  and  had  built  stores,  workshops  and  dwelling  houses  to  the 
number  of  235,  besides  dams  for  mill-ponds  and  ten  bridges,  with  many  miles  of 
roads.  In  two  years  he  spent  £54,600  on  account  of  the  Company ,  being  £14,000 
more  than  they  had  authorized.  His  operations  were  not  successful,  and  in 
October,  1766,  he  leai-ned  that  Seton,  his  London  partner,  had  banln-upted  their 
firm,  and  although  he  struggled  manfully  against  his  ill-fortimes  he  was  himself 
declared  a  bankrupt  in  1770.  Governor  Franklin  by  official  request  appointed  a 
committee  including  Lord  StirUng,  Col.  John  Schuyler,  and  other.s  to  visit  his  works, 
who  testified  to  the  perfection  of  his  iron  works,  to  the  superior  quality  of  his  iron, 
and  to  the  many  improvements  in  the  methods  of  manufacture  which  he  had  intro- 
duced, some  of  which  were  afterward  adopted  in  England.  His  Utigation  in  Chan- 
cery was  continued  as  late  as  1785.  Returning  to  Germany  he  introduced  the  linen 
manufacture  at  Landshut,  in  Silesia,  carrying  it  on  with  much  better  judgment 
than  his  iron  works  in  America.  He  died  there  in  1792,  much  lamented."— flbwes, 
ut  supra.  The  descendants  of  his  German  workmen  still  form  a  large  element  in 
the  population  of  Pompton  and  West  Milford  Townships,  and  preserve  many  tradi- 
tions of  Hasenclever  and  his  gigantic  operations.  It  is  said  that  not  an  important 
mine  has  been  opened  on  the  Ringwood  tract  within  a  hundred  years  but  shows 
traces  of  having  been  previously  thoroughly  explored  by  Hasenclever. — [W.  N.] 


1767]        ADMINISTRATI(3N-    OF   GOVERNOR   FRANKLIN".  585 

went  over  to  America,  &  by  the  time  of  Arrival  of 
jf  said  number  of  Germans  which  was  in  July  1764, 
had  purchas'd  several  Parcels  of  Lands,  whereon  Fur- 
naces, Forges,  &  other  necessary  Buildings  have  been 
since  erected  at  an  expense  of  not  less  than  Sixty 
Thousand  Pounds  Sterling,  &  from  which  Works  hav- 
ing satisfactorily  evinc'd  tlie  improvements  they  set 
out  upon  in  respect  of  quality  the  Memorialists  doubt 
not  of  being  able  in  a  Year  or  two  at  most  to  import 
Iron  in  great  Quantities  of  as  good  quality,  as  the  best 
sorts  brought  from  Sweeden:  and  as  fit  for  the  pur 
poses  of  making  Steel. 

But  your  Lordships  Memorialists  find  that  notwith- 
standing their  endeavours  to  purchase  Lands  adapted 
to  these  designs  they  cannot  procure  sufficient  extent 
in  convenient  Situations  to  afford  constant  Employ 
for  the  Number  of  People  depending  on  them:  there- 
fore under  thi^s  circumstance  have  caused  enquiry  to 
be  made  for  Lands  in  some  other  of  His  Majesties 
American  Colonies,  whereon  to  make  an  additional 
Settlement,  &  are  advised  that  the  place  most  likely 
to  answer  the  intention  is  S-  Maurice,  about  three 
Leagues  from  the  town  of  Trois  Kivieres  bordering 
upon  the  river  of  that  name  which  river  discharges 
itself  into  the  river  S-  Lawrence. 

Your  Lordship's  Memorialists  have  been  informed 
that  an  Iron  Work  was  formerly  attempted  to  be 
carried  on  at  the  place  for  the  French  King's  account; 
and  that  upon  y'  reduction  of  Montreal,  the  Estab- 
lishment consisting  of  one  Furnace  Two  Forges  Work- 
mens  Houses,  a  Stable,  Sheds  for  Wood  &  the  Like 
(being  then  in  a  State  of  decay)  were  delivered  unto 
the  charge  of  Lieu*  General  Amherst  for  His  Majes- 
ty's Use. 

Your  Memorialists  conceiving  that  this  Situation  is 
suited  for  an  extension  of  their  Plan,  now  become  un- 
avoidable as  well  that  the  People  they  have  sent  out 
may  be    rendred    more    usefuU    Subjects,   also  that 


586  ADMINISTRATION    OF    GOVEENOR   FRANKLIN.        [1767 

yf  Proprietors  may  have  a  more  probable  expectation 
of  reaping  the  Benefits  expected  from  their  Services 
and  conceiving  likewise  that  His  Majesty  out  of  His 
great  desire  of  giving  Protection  to  all  his  Subjects  in 
their  Endeavours  to  advance  the  Trade  of  these  Nations 
will  be  pleased  to  see  your  Memorialists  in  particular, 
deserving  of  that  protection,  on  account  of  the  great 
Sums  they  have  already  disbursd:  the  increase  of  Sub- 
jects procured  through  their  means  and  expence:  and 
the  advantages  that  must  derive  from  a  pursuit  of 
their  project  to  these  Kingdoms:  From  these  several 
reasons. 

Your  MemoriaUsts  Pray  that  Your  Lordship  will  be 
pleased  to  recommend  them  to  His  Majesty  for  a 
Grant  of  the  aforesaid  Establishment  of  Trois  Rivieres 
for  y'  purpose  of  Founding  an  Iron  Factory;  together 
with  the  Buildings  that  may  be  remaining  on  the 
premises,  &  the  right  of  the  rivulet  whereon  the  same 
are  said  to  be  Built,  from  its  Sourse  being  about  Two 
miles  above  the  said  Buildings. 

And  your  Memorialists  will  ever  pray  &? 


Letter  from  Governor  Franklin  to  Secretary  Lord 
Shelhurne  in  relation  to  the  Annual  Charges  in 
the  Province  of  New  Jersey,  as  well  as  to  the  quit- 
rents. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  270  (391).] 

Burlington,  Feb''.^'  21,  17«')7 

To  the  Right  Hon'^^"  the  Earl  of  Shelhurne 

Sec'r  of  State 
My  Lord, 

I  am  just  honoured  with  your  Lordships  Letter  of 
the  11"'  of  December,  requiring  an  Estimate  of  the 
annual  Charges,  and  an  Account  of  the  Quit  Rents, 
&c.  in  this  Colony. 


1767]        ADMINISTRATION    OF   GOVERNOK    FRANKLIN.  587 

On  the  first  Head  T  had  before  receiv'd  a  Letter  from 
the  Secretary  to  the  Treasury,  which  I  answered  on 
the  28^!'  of  December.  I  enclose  your  Lordship  a  Copy 
of  what  I  then  Sent  to  him,  as  it  is  the  best  Account  I 
can  give  of  that  Matter. 

As  to  the  Quif-Reiits,  the  whole  Province  of  New- 
Jersey  was  granted  by  King  Charles  the  Second  to  his 
Brother  James  Duke  of  York,  in  the  Year  166-1:,  under 
a  Quit-Rent  of  Forty  Beaver  Skins  yearly.  The  Dutch 
afterwards  possessed  themselves  of  this  Province,  but 
restor'd  it  at  the  End  of  the  War  by  Treaty;  and  King 
Charles  the  Second  did  again  grant  it  to  the  Duke  of 
York,  by  Letters  Patent  dated  the  29'!'  Day  of  June 
1674.  In  August  1680,  The  Duke  convey'd  one  Half 
of  the  Province  by  the  Name  of  West  New  Jersey  to 
Edward  By  Hinge  and  othei'S,  and  in  March  1682  he 
conveyed  the  other  Half,  or  East  New  Jersey,  to  James 
Earl  of  Perth  William  Penn,  and  others.  The  Present 
Proprietors  of  the  Soil  of  New  Jersey  hold  their  respec- 
tive shares  under  some  of  the  Grantees  of  the  Duke  of 
York,  clear  of  Quit  Bent,  except  the  Forty  Beaver 
Skins  reserved  as  above  in  the  Royal  Letters  Patent, 
and  Twenty  Nobles  reserved  by  the  Duke  of  York. 
Whether  they  have  ever  paid  the  Crown  any  part  of 
this  Rent,  is  what  I  cannot  learn,  but  I  am  Inclined  to 
think  that  the  whole  is  in  arrears.  The  Proprietors  of 
each  Division  manage  their  Affairs  by  a  Council 
chosen  among  themselves,  and  the  Government  has 
no  more  Knowledge  of  their  Transactions  than  it  has 
of  those  of  any  other  private  Persons  in  the  Province. 
I  am,  very  respectfully.  My  Lord, 

Your  Lordship's  most  obedient 

&  most  humble  Servant 

W"'  Franklin 


588  ADMINISTRATION"   OF   GOVEKNOR  FRANKLIN.        [1767 


Order  of  the  Lords  of  the  Committee  of  Council  for 
Plantation  Affairs,  referr^ing  to  the  Board,  for 
their  report,  the  Petition  of  Mr.  Wilmot,  the  Agent 
of  New  Jersey,  to  the  King,  proposing  alterations 
to  he  made  in  the  annexed  List  of  Commissioners 
for  settliyig  the  Boundary  Line  between  the  Prov- 
inces of  New  York  and  Netv  Jersey. 

[From  P.  R.  O.,  B.  T.,  New  Jersey,  Vol.  9,  K.  66.1 

j~^*     At  the  Council  Chamber  Whitehall 

i^'^'l  THE   S''."  DAY  OF    APRIL    1767. 

By  the  Eight   Honourable  the  Lords  of  the 
Committee  of  Council  for  Plantation  Affairs 

His  Majesty  having  been  pleased  to  referr  unto  this 
Committee,  the  humble  petition  of  Henry  Wilmot, 
Agent  for  the  province  of  New  Jersey,  setting  forth, 
amongst  other  things,  that  in  Consequence  of  His 
Majesty's  Order  in  Council,  of  the  19"'  of  December 
1Y61,  a  Draft  of  a  Commission  hath  been  prepared,  by 
his  Majesty's  Attorney  and  Sollicitor  General,  for  ap- 
pointing certain  Persons,  v^hose  names  vv^ere  contained 
in  a  List  annexed  to  the  said  Order,  to  be  Commission- 
ers, finally  to  settle  the  Boundary  Line,  between  the 
provinces  of  New  York  and  New  Jersey,  from  the  Sta- 
tion on  Hudson's  Eiver,  to  the  Station  on  Delaware 
River;  And  humbly  praying  that  Charles  Stewart 
Esquire,  now  Surveyor  General  of  the  Customs,  for 
the  Northern  District  of  North  America,  may  be  Ap- 
pointed a  Commissioner  in  the  Eoom  of  John  Temple 
Esquire  the  late  Surveyor  General  And  that  Mess'' 
Buckley,  Morris,  Guerrish  and  Gorham,  may  be  struck 
out  from  being  Commissioners  in  regard  they  are  In- 


1707]        ADMII^riSTIlATION    OF   GOVERNOR   FRANKLIN.  589 

habitants  of  Nova  Scotia,  which  is  at  so  great  a  Dis- 
tance from  New  Jersey,  that  those  provinces  have  no 
Intercourse  with  each  other,  and  Answers  can  be 
sooner  received  in  New  Jersey  from  England  than 
from  Nova  Scotia — The  Lords  of  the  Committee  in 
obedience  to  his  Majesty's  said  Order  of  Reference, 
this  Day  took  the  said  Petition  into  Consideration, 
and  are  hereby  pleased  to  refer  the  same,  together 
with  the  afore  mentioned  List  of  Council  (Copies 
where  of  are  hereunto  annexed)  to  the  Lords  Commis- 
sioners for  Trade  and  plantations  who  are  to  Consider 
of  the  Alterations  proposed  to  be  made  in  the  s''  List 
and  Report  their  Opinion  thereupon  to  this  Committee. 

W:  Blair. 

To  The  Kings  most  Excellent  Majesty  in  Council 

The  Humble  petition  of  Henry  Wilmot  Agent  for 
the  province  of  New  Jersey  Sheweth  That  Your  Maj- 
esty by  an  Order  in  Council  bearing  Date  the  19"'  Day 
of  December  1704  was  pleased  for  the  i-easons  therein 
Contained,  to  Order,  that  M'.'  Attorney  and  M-  SoUici- 
tor  General,  should  prepare  a  Draft  of  a  Commission 
to  be  passed  under  tlfe  Great  Seal  Appointing  Certain 
persons  whose  Names  are  CV)ntained  in  the  List  thereto 
annexed  to  be  Commissioners  finally  to  Settle  and 
Adjust  the  Boundary  or  Partition  List  between  the 
Provinces  of  New  York  and  New  Jersey  from  the  Sta- 
tion on  Hudson's  River  to  the  Station  on  Delaware 
River,  conformable  to  the  provisions  in  Certain  Laws 
in  the  said  Order  mentioned  and  with  such  powers 
and  Authorities,  as  have  been  Usual  on  like  Occasions, 
And  that  M''  Attorney,  And  M'  Sollicitor  General 
should  lay  the  said  Draft  of  the  said  Commission 
before  Your  Majesty  for  Your  Royal  Approbation 
leaving  a  Blank  for  the  Number  of  Commissioners  to 
make  a  Quorum — 


590  ADMINISTRATION"   OF    GOVERNOR    FRANKLIN.        [1767 

That  Mi"  York  (Your  Majestys  late  Attorney  General) 
and  M'  Delpey  (Your  Majesty's  late  Solicitor  General) 
have  by  their  Report  of  the  IT"'  Day  of  July  1766  Cer- 
tified that  they  had  prepared  a  Draft  of  such  Commis- 
sion and  had  annexed  the  same  to  their  Report  and 
Submitted  the  same  to  Your  Majesty  for  Your  Royal 
Approbation 

That  Your  petitioner  is  Informed  by  his  principals, 
That  Charles  Stewart  Esquire  is  now  Surveyor  General 
of  the  Customs  in  the  Room  of  the  late  John  Temple 
in  the  Commission  mentioned,  And  as  Your  Petitioner 
apprehends  that  M'  Temple  was  appointed  in  respect 
of  his  Offices,  he  Conceives  that  it  will  be  proper  to 
Appoint  M'  Steward  in  his  Room. 

Your  Petitioner  also  begs  leave  to  represent  to  your 
Majesty  that  Richard  Bulkley  Charles  Morris  Joseph 
Guerrish  and  Joseph  Gorham  Esquires  all  of  Nova 
Scotia  are  Appointed  Commissioners,  and  that  Your 
Petitioner  is  Informed  by  his  principals,  that  the  prov- 
ince of  Nova  Scotia  is  a  Great  Distance  f]"om  that  of 
New  Jersey  and  that  the  two  provinces  have  no  Inter- 
course with  each  other,  and  those  of  New  Jersey  can 
receive  Answers  sooner  from  England  than  from  Nova 
Scotia 

That  your  petitioner  is  also  advised  that  it  would 
have  been  more  Agreeable  to  the  Provinces  if  there 
had  been  fewer  Commissioners  Appointed,  And  those 
the  nearest  to  the  places  where  the  said  Line  is  to  be 
run 

Your  petitioner  therefore  Most  humbly  prays  Your 
Majesty  that  the  said  M'  Stewart  may  be  Appointed  a 
Commissioner  in  the  Room  of  M'  Temple  and  that  M' 
Bulkeley  M"^  Morris  M'  Guerrish  and  M'  Gorham  may 
(merely  upon  Account  of  their  Residence  in  Nova 
Scotia)  be  Struck  out  from  being  Commissioners. 

And  your  peti"  shall  ever  pray  &c 


1767]        ADMINISTRATION    OF   GOVERNOR   FRANKLIN.  591 

List  of  Persons  to  be  Appointed  Commissioners  for 
Deciding  the  Controversy  Concerning  the  Boundary  or 
Partition  Line  between  the  Provinces  of  New-York 
and  New  Jersey 

1.  John  Temple  Esq-  Surveyor  General  of  the  Cus- 

toms for  the  Northern  District  of  America. 

2.  Peter  Randolph  Esq  Surveyor  Genei'al  of  the  Cus- 

^toms  for  tlie  Southern  District  of  America. 

4  Andrew  Elliott  Esq  Receiver  General  of  His  Majes- 

ty s  Quit  Rents  in  the  province  of  New  York 

5  Chambers  Russell  Esq  Judge  of  the  Court  of  Vice 

Admiralty  for  the  province  of  Massachusets  Bay 

6  William  Allen  Esq-'  Chief  Justice  of  the  province 

of  Pensylvania 
1  Samuel  Holland,  Esq  Surveyor  General  of  Lands 

for  the  Northern  District  of  America 
8  W™  DeBrahm  Esq'"  Surveyor  General  of  Lands  for 

the  Southern  District  of  America 
9.  Andrew  Oliver  Esq  Secretary  of  the  province  of 

Massachusets  Bay 
\/  Richard  Bulkley   Esq  Secretary  and  one  of  the 

Council  of  the  province  of  Nova.  Scotia 

10  Charles  Morris  Esq  Surveyor  of  Lands  and  one  of 

the  Council  of  the  province  of  Nova  Scotia 

11  Pay  ton  Randolph  Esq  Attorney  General  and  one  of 

the  Council  of  Virginia 
\/  Joseph   Guerrish  Esq  one  of  the  Council  of  the 

province  of  Nova  Scotia 
4/  Joseph  Gorham  Esq'  of  the  province  of  Nova  Scotia 

12  Benjamin  Franklin  Esq'  of  the  province  of  i^ensyl- 

vania 
13.  Jared  Ingersoll  Esq  of  the  Colony  of  Connecticut 

3.  Charles  Stewart  Esq-'  Surveyor  Gen'  of  His  Majes- 

tys  Customs  for  the  district  of  Quebec. 


592  ADMINISTRATION    OF   GOVERNOR    FRANKLIN.        [1767 


Letter  from  Governor  Franklin  to  Secretary  Lord 
Shelburne,  transmitting  an  exact  list  of  the  fees 
taken  in  the  different  offices  of  the  Pi^ovince  of 
New  Jersey. 

[From  P.  R.  O.  America  and  West  Indies,  No.  292.] 

ft 

Burlington  New  Jersey,  April  12.  1Y67. 
The  Right  Hon^l*^  the  E.  of  Shelburne 

My  Lord  *' 

In  pursuance  of  the  Directions  contain'd  in  your 
Lordship's  Letter  of  the  13"'  of  Jan'^  with  which  I  am 
just  honoured,  I  now  transmit  an  exact  List  of  the 
Fees  taken  in  the  different  offices  in  this  Colony. 

M''  Smyth  the  Chief  Justice,  has  desired  me  to 
acquaint  your  Lordship  that  the  Salary,  Fees  and  Per- 
quisites of  his  Office,  do  not  altogether  exceed  Three 
hundred  Pounds  this  Currency,  which  is  about  Sixty 
^'  Cent  worse  than  Sterling.  And  I  can,  with  Truth 
assure  your  Lordship,  that  the  Fees  and  Perquisites 
attending  the  Office  I  have  the  Honour  to  hold  under 
His  Majesty,  are  not  above  that  Sum;  so  that,  with 
the  Salary  added,  there  is  scarcely  a  Maintenance  for 
a  Governor  in  thisProvince,  if  he  lives  suitable  to  his 
Rank  and  Station. 

The  Estimate  of  the  Establishment  of  this  Colony, 
required  by  your  Lordship's  Letter  of  the  11"'  of 
December,  I  have  already  transmitted 

I  have  the  Honor  to  be,  with  the  greatest  Respect, 
My  Lord,  Your  Lordship's,  most 

obedient  &  most  humble  Servant 

W^  Franklin 


17G7]        ADMIlsriSTRATION    OF   GOVERNOR   FRANKLIN.  593 

A  List  of  the  Fees  taken  in  the  several  Offices 
of  the  Colony  of  New  Jersey,  as  the  same 
are  established  by  Act  of  Assembly  passed 
Anno  Dom  1747.  Confirmed  by  His  Majesty 
in  Council  at  S*  Jameses  the  23?  of  Novem- 
ber Anno  1749. 

The  Governors  Fees,  shall  be  as  follows. 

For 
A  Licence  of  Marriage  Hand  &  Seal  &c.  Ten  Shillings 
The  Seal  to  every  Probate  of  a  Will,  or  Letter  of  Ad- 

miaiistration,  nine  Shillings. 
A  Cei'tificate  for  a  Vessels  property,  if  of  the  bnrthen 

of   Twenty  Tons  and  upwards  Ten  Shillings;   if 

under  the  Burthen  of  twenty  Tons  five  Shillings. 
A  Certificate  to  go  beyond  the  Seas,  if  desired  ten 

Shillings 
A  Bill  of  Health  if  required  Twelve  Shillings 
The  Seal  to  a  Patent  for  a  Township  Twenty  Shillings. 
The   Seal   to  a  Confirmation   or  renewing  a   Patent 

Twelve  Shillings. 
Every  Writ  of  Error,  or  other  Original  W^i'it  Three 

Shillings 
The  first  Rule  in  every  Cause  in  Error  eight  Shillings. 
Licencing  every  Attorney  twenty  shillings. 
A  Licence   to   purchase   Lands   of  the   Indians  fifty 

Shillings 


The  Fees  of  the  Justices  of  the  Suprem"e 
Court  shall  be  as  follows  viz* 

For 
All  Causes  to  be  paid  on  the  first  motion  Six  shilhngs. 
The  allowance  of  every  Certiorari,  Habeas  Corpus  or 
other  Writ  where  an  Allowance  is  necessary  throe 
shillings. 
38 


594  ADMINISTRATION   OF   GOVERNOR    FRANKLIN.        [1767 

For 

Taking  every  Affidavit,  one  shilling. 

Every  Supersedeas,  six  shillings. 

Admitting  every  Attorney,  Eighteen  shillings. 

Taking  the  Acknowledgement  of  a  Deed  three 
Shilhngs. 

Taxing  Cost  four  Shillings. 

Signing  the  Judgment  Roll  two  shillings 

Taking  Bail  on  a  Writ  of  Error  or  any  other  Writ 
Three  shilhngs. 

Making  a  Return  of  a  Writ  of  Error,  examining  and 
affixing  a  Transcript  of  the  Record  thereto  and 
delivering  the  same  in  to  the  Governor  and  Coun- 
cil Twenty  shillings. 

Inspecting  the  Process  against  Real  Estates,  and  the 
Record  of  the  Judgment  on  which  the  same  is 
founded  and  certifying  thereon  Six  shillings. 

Every  justification  or  Disallowance  of  Bail  three 
Shillings. 


The  Secretarys  Fees  shall  be  as  follows 

For 

A  Patent  for  a  Township,  Three  Pounds. 

A  Patent  for  a  Confirmation  wherein  no  new  Grants 
are  Contained  Thirty  shillings 

Every  Order  Warrant  or  Certificate  under  the  Gov- 
ernors Hand  and  Seal  counter  signed  by  the  Sec- 
retary Three  Shillings 

!^ntering  Deeds  and  other  Things  on  the  Record,  for 
every  Sheet,  fifteen  Lines  to  a  Sheet  and  six 
Words  to  a  Line  seven  pence. 

Every  Copy  of  the  same  and  all  other  Papers  whatso- 
ever out  of  the  said  Office,  each  Sheet  containing 
as  aforesaid  fourpence  half  penny 

Every  new  Justice  of  the  Peace  shall  pay  towards  the 
Commission  of  the  Peace  six  shillings. 


I 


1767]        ADMINISTRATION    OF    GOVRRNOE    FRANKLIN".  595 

For 
Every  new  Justice  of  the  Pleas  shall  pay  towards  the 

Commission  of  the  Pleas  Six  Shillings. 
A  Commission  of  Oyer  and  Terminer  to  be  paid  by  the 

Person  desiring  the  same  Twenty  Shilhngs. 
A  Commission  for  a  Sheriff  ten  Shilhngs 
A  Commission  for  a  Coroner  five  shillings 
A  Commission  for  a  Clerk  of  the  Peace  and  the  Pleas 

ten  shillings. 
All  other  Civil  Commissions,   each  Commission  five 

shillings. 
A  Commission  for  a  Colonel  of  a  Eegiment  Twelve 

Shillings. 
A  Commission  for  a  Lieutenant  Colonel  Ten  shillings. 
Ditto  for  a  Major  eight  Shillings. 
Ditto  for  a  Captain  of  a  Company,  or  Adjutant,  six 

Shillings. 
Ditto  for  a  Lieutenant  Five  shillings 
Ditto  for  an  Ensign  four  Shillings 
The  EoUs  of  every  Person  Sworn  one  shilling 
Searching  the  Records  the  first  Book  Nine  Pence  every 

other  Book  six  pence. 
Licence  for  an  Attorney  to  practice  Twenty  Shillings. 
Drawing  a  Certificate  to  pass  under  the  Broad  Seal  or 

any  other  Seal,  and  for  engrossing  the  same  per 

Sheet  containing  as  before,  one  Shilling- 
Attending  the  Courts  or  elsewhere,  with  an  Original 

Will  or  Record  for  each  Day,  six  Shillings  per  Day 
Licence  for  a  Boat  or  Feriy  countei'signed  by  the  Sec- 
retary, Six  Shillings. 


That  the  Fees  of  the  Prerogative  Office,  shall 
be  as  follows,  Viz* 

For 
Engrossing  a  Will  and  Probate  to  be  done  in  Parch- 
ment, for  each  Sheet  coiitainmg  fifteen  Lines  and 
six  Words  in  a  Line,  ten  i)ence  "i'V  Sheet. 


59G  ADMIisriSTEATION    OF    GOVERNOR    FRANKLIK.        [1767 

For 

Taking  Depositions  to  a  Will  and  Eecording  the  Will 
each  Sheet  containing  fifteen  Lines  and  Six  W^ords 
to  a  Line  seven  pence  "f.  Sheet. 

Swearing  or  Attesting  the  Witnesses  and  Executors 
for  each  Nine  Pence. 

Drawing  every  Fiat  or  Order  for  Administration,  and 
for  Swearing  or  Attesting  the  Administrators 
three  Shillings. 

Engrossing  the  Letters  of  Administration  each  Sheet 
Containing  fifteen  Lines  and  six  Words  to  a  Line 
ten  pence  per  Sheet. 

Recording  the  same  seven  pence  per  Sheet. 

Drawing  the  Administration  Bond  two  Shillings  and 
sixpence. 

Filing  the  Original  Will  Nine  Pence 

Recording  the  Inventory  per  Sheet,  each  Sheet  con- 
taining fifteen  Lines,  and  Six  Words  to  a  Line 
seven  pence 

Filing  the  Inventory  and  swearing  the  Executor 
eighteen  Pance. 

Every  Quietus  per  Sheet  as  aforesaid  seven  Pence 

Recording  the  same  per  Sheet  as  aforesaid  One  shilUng. 

Auditing  all  the  Accounts  of  Administrators  and  Ex- 
ecutors One  Shilling. 

Drawing  and  Setting  up  Notice  in  Order  to  their  pass- 
ing their  Accounts  one  Shilling. 

Every  Licence  of  Marriage  Nine  Shillings. 

Every  Bond  taken  in  the  Office  two  Shillings  and 
six  pence. 

Entering  a  Caveat  one  Shilling 


And  that  the  Fees  of  the  Clerk  of  the  Supreme 
Court  shall  be  as  follows  viz* 

For 
Every  Bond  to  prosecute  two  Shillings  and  Six  pence 
Making  out  every  Process,  Writ,  or  Capias,  if  lie  does 
it  two  Shillings  and  Sixpence 


1707]         ADMIA"ISTRATIOX    OF    (iOVERNOR    FRAIsKLIN.  507 

For 

Sealing  every  Capias  or  any  other  Writ  one  Shilling. 
Entering  every  Action  Nine  Pence 
A  Copy  of  every  Indictment,  Declaration  Plea  &c  fif- 
teen Lines  to  a  Sheet  an  1  six  Words  to  a  Line 

seven  pence  per  Sheet. 
Every  Copy  of  a  Plea  Replication  or  other  Pleading 

Seven  pence  per  Sheet  as  aforesaid 
Entering  every    Appearance    of  the    Defendant    six 

Pence. 
Entering  every  Verdict  and  Jndgnient  one  Shilling 
Reading  every  Evidence  Sixpence 
Entering  every  Rule  of  Court  Nine  Pence 
Every  Copy  thereof  Sixpence 
Reading  a  Petition  and  entering  Order  thereon  nine 

pence. 
Every  Copy  of  the  Entry  sixpence 
Withdrawing  an  Action  Discontinuance,  or   entering 

a  Noli  Prosequi,  one  Shilling 
Entering  every  Recognizance  taken  in  Court  Eighteen 

pence. 
Searching  the  Records  Nine  pence 
Filing  the  Roll  in  every  Action,  one  Shilling. 
Swearing  every  Jury  and  Constable,  three  Shillings 
Discharging  by  Proclamation  one  Shilling 
Every  Copy  of  a  Writ  in  the  Supreme  Court  per  Sheet, 

one  shilling. 
Filing  every  Writ,  Indictment,  or  other  Paper  Nine 

pence 


And  that  the  Fees  of  Clerk  of  the  Council 

shall  be  as  follows,  Viz- 

For 
Filing  a  Writ  of  Error  one  shilling. 
Entering  every  Action  in  Error  in  the  Council  Book  & 
taking  out  the  Docket  for  the  Governor  Nine  Pence. 


598  ADMIlSriSTRATION    OF   GOVERJSTOR   FRANKLIN.        [1767 

For 
Examining  the  Records  in  Council  one  Shilling. 
Entering  the  Plaintiff  and  Defendants  appearance  nine 

pence 
Every  Rule  made  in  the  Case  and  Copy,  two  Shillings. 
Entering  Judgment  on  the  Minutes  and  Copy  two 

Shillings. 
Entering  every    Noli   prosequi,    Discontinuance  and 

Retraxit-  two  Shillings. 
Filing  the  Errors  and  all  other  Pleadings  each  nine 

pence. 
Filing  all  other  Writs  the  same  Fees  as  on  a  Writ  of 

Error. 
Every  Petition  to  the  Governor  in  Council,  and  order 

four  shillings. 
Reading  every  private  Bill,  first  Time,  second  Time 

and  third  Time,  each  Time  five  shillings. 
Entering  the  Agreement  of  the  Council  to  a  Bill  four 

Shillings. 
Each  Bill  Engrossed  in  Parchment  eighteen  Shillings. 
Affixing  the  Seal  and  Wax  for  each  Bill  six  Shillings. 
Attending  the  Committee  of  Council  on  a  Reference 

on  such  Bills  Ten  Shillings. 


And  that  the  Attorney  Generals  Fees  shall 
be  as  follows,  ViZ; 

For 

All  Criminal  Cases  or  Indictments  found  by  the  Grand 

Jury  if  convicted  Fifteen  shillings. 
All  Capital  Cases  if  convicted  Twent}^  five  Shillings. 
All   Information   preferred  according  to  Law  of  this 

Colony,  if  convicted  fifteen  shillings. 
Every  non  vult  ulterius  prosequi  ten  Shillings 
All  other  Services  in  the  Kings   Cases  to   have  one 

fourth  more  Fees  than  other  Attornies  in  Civil 

Cases  have  for  like  Services. 


1767]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  500 

And  that  the  Sheriffs  Fees  in  all  Courts  shall 
be  as  follows  Viz* 

For 

Serving  a  Writ  or  Capias,  taking  into  Custody  without 
any  pretence  of  Riding  ten  shillings. 

Returning  the  Writ,  Nine  pence. 

Taking  a  Prisoner  into  Custody  by  Order  of  the  Court 
or  a  Justice  of  the  Peace  two  Shillings. 

Discharging  the  same  Nine  pence. 

Serving  a  Venire  Facias  and  Return  Six  Shillings. 

Serving  every  Execution  under  Fifty  Pounds,  six 
shillings,  and  all  above  Fifty  Pounds  three  pence 
per  pound,  the  Poundage  to  be  computed  on  the 
true  and  real  Debt  only.  Executing  all  Writs,  or 
Orders  of  Partition  of  Lands  and  Tenements,  at- 
testing the  Jury  for  any  Matter  or  Thing  to  be 
done  by  him  about  such  Partition,  and  making 
return  thereof  Twenty  shillings.  But  if  the  Busi- 
ness of  the  Partition  exceed  what  the  Jury  can 
perform  in  one  Day,  then  the  Sheriff  for  every 
Day  more  that  he  shall  attend  on  the  Jury  about 
the  said  Partition,  shall  have  ten' shillings  per 
Diem 

Every  Writ  of  possession  and  Return  fifteen  Shillings. 

Every  Sciri  Facias  served  and  Returned  three  shillings, 
if  not  served  one  shilling. 

Victualing  every  Prisoner  six|)ence  per  Day. 

Every  Writ  of  Inquiry  and  Return  fifteen  shillings. 

Taking  every  Bail  Bond  five  shillings  in  the  Supreme 
Court,  and  two  shillings  &  six  Pence  in  the 
Inferior  Courts. 

Travelling  Charges  upon  every  Writ  or  Process  to  be 
executed  above  eight  MiL^s  from  the  Court  House 
of  the  County,  the  Sheriff  shall  be  allowed  for 
every  Mile  above  eight  Miles  two  peuce,  besides 
his  other  Fees  aforesaid,  that  is  two  pence  for  go  - 


600  ADMI]snSTKATIO]Sr    OF   GOVERNOR   FRANKLIN.        [1767 

• 

For 

ing  and  two  pence  for  coming  every  of  the  said 
Miles  to  be  taken  only  where  the  Writs  shall  be 
served,  and  so  always  that  the  whole  Mihage  do 
not  exceed  Fifteen  shillings  in  any  one  Case. 

Attending  a  Jury  of  View  Ten  shillings  per  Day. 

Producing  the  List  of  the  Freeholders,  Thirty  Shillings. 


And   that   the   Justices   Fees  in  or   out  of 
Sessions  shall  be  as  follows. 

For 

Every  Warrant  of  Appearance  one  Shilling. 

Taking  every  Recognizance  Eighteen  pence. 

A  Pass  Ten  Pence. 

A  Mittimus  one  Shilling 

Taking  Examinations  each  Sheet  containing  fifteen 
Lines  and  six  Words  to  a  Line,  oneShilling 

Every  Oath  or  Attestation  four  pence. 

Actions  tryed  in  the  Sessions,  each  Action  three  Shil- 
lings. 


And  that  the  Judges  and  Justices  Fees  in  the 
Court  of  Common  Pleas  shall  be  as  follows.  Viz* 

For 
Acknowledging  every  Deed,  and  endorsing  the  same 

three  shilliugs. 
All  Actions  tryed,  to  the  Bench  Three  Shillings 
Every  Action  which  shall  be  called,  where  there  is  a 

Rule  made,  and  the  Cause  not  tried  eighteen  pence. 
Taking  special  Bail  to    the    Judge    or  other  Justice 

eighteen  pence. 
Settling  and  Allowing  every  Bill  of  Costs  one  shilling. 
Allowance  of  every  Writ  of  Error  one  shilling. 


17G7J        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  601 

And  that  the  Fees  in  A(;tions  of  Five  Pounds 
and  under  shall  be  as  follows  ViZ; 

For 

A  Summons,  Six  pence 

A  Warrant  to  take  into  Custody  one  shilling. 

A  Judgment  Nine  Pence. 

Administring  every  Oath  or  Attestation  four  Pence 

A  Summons  for  Evidence,  six  pence. 

Every  Execution  one  shilling. 

Issuing  the  Venire  Facias  to  summons  a  Jury  one 
shilling. 

Swearing  or  Attesting  the  Jury  eighteen  pence. 

Every  Evidence  subpoenaed  and  attending,  two  shill- 
ings per  Day,  and  so  in  proportion  for  a  longer  or 
Shorter  Time. 

And  that  the  Fees  for  the  Clerk  of  Sessions 
and  Common  Pleas  shall  be  as  follows. 

For 
Every  Bond  to  prosecute,  two  shillings 
Drawing  a  Capias  or  any  other  Writ  if  he  does  it  two 

shillings. 
Sealing  every  Writ  one  Shilling. 
Entering  every  Action  Six  pence. 
Filing  every   Declaration   plea   Rejoinder,    and   other 

Pleadings,  each  sixpence. 
Every  Copy  of  a  Declaration  or  any  other  Pleadings 

for  each  sheet  containing  fifteen  Lines,  and  six 

Words  to  a  Line,  six  pence. 
SeaHng  every  Subpcena,  each  Writ  not  exceeding  four 

Names  one  shilUng. 
Entering  the  Defendants  appearance  Sixpence 
Entering  every  Verdict  Sixpence. 
Entering  the  Plea  Non  Vult  sixpence. 
Entering  every  Judgment  sixpence. 


603  ADMINISTKATION    OF   GOVERNOR   FRANKLIN.        [1767 

For 

Entering  every  Rule  or  Order  of  Court  six  pence 
Eeading  every  Petition  and  entering  order  thereon, 

Nine  pence 
Entering  every  Non  Pros.  Retraxit,   Discontinuance, 

Six  pence. 
Calling  and  Swearing  the  Jury  &  Constable  Eighteen 

pence. 
Every  Evidence  sworn  or  Attested  four  pence. 
Entering  every   Allowance  of   Habeas   Corpus,  Writ 

of  Error  or  other  Writ  Requiring  an  Allowance 

one  shilling. 
Entering  every  Recognizance    taken    in    Court  one 

shilling. 
The  Copy  of  every  Rule  of  Court  sixpence. 
Searching  the  Records  nine  pence. 
Discharging  by  Proclamation  one  shilling. 


And  that  the  fees  of  the  Clerk  of  Assize  or 
other  Person  executing  that  Office,  in  any  of 
the  Counties  shall  be  as  follows. 

For 

Entering  every  Cause  or  Action  nine  pence. 

Filing  the  Nisi  Prius  Roll  one  shilling. 

Piling  the  Distringas  and  Return  Nine  Pence. 

Swearing  the  Jury  and  Constable  three  Shillings 

Swearing  or  Affirming  every  Witness,  Six  pence. 

Reading  every  Evidence  Sixpence. 

Entering  every  Rule  of  Court  nine  Pence 

Every  Copy  thereof  six  pence. 

Entering  every  Verdict  one  shilling. 

Drawing  the  Postea  when  a  general  Verdict  is  found 

five  shillings. 
Returning  the  Postea,  one  shilling. 


1767J        ADMINlSTRATIOlSr    OF    GOVPLRNOR    FRANKLIN.  603 

And  that  the  Witnesses  Fees  shall  be  as  fol- 
lows, Viz. 

For 
Attending  in  the  County,  two  shillings  per  Day  for 

each. 
Attending  from  other  Countys  three  shillings  per  Day 

for  each. 

And  that  the  Surveyors  Fees  shall  be  while 
on  a  View  Ten  Shillings  per  Day. 


And  that  the  Chain  Bearers  Fees,  on  a  View, 
shall  be  five  shillings  each  per  Day,  and  if  a 
Juryman  carries  the  Chain,  then  he  shall  have 
two  shillings  per  Day  more  than  the  fees 
allowed  him  as  a  Juryman  on  the  View. 


And  that  the  Jury's  fees  shall  be  as  follows, 
viz* 

For 
All  Causes  tryed  one  shilling  for  each  Man  that  is 

sworn  or  affirmed  on  the  Jury. 
A  Writ  of  Enquiry  executed  one  shilling  per  Man. 
On  a  Coroners  Inquest  the  same. 
Every  Case  when  summoned  and  the  Cause  not  tryed, 

for  all  that  appears  sixpence  per  Man. 
Each  Juryman  attending  on  a  View  for  himself  and 

Horse  four  shillings,  and  for  finding  himself  and 

Horse  two  shillings  per  Day. 
Jurors   coming  out  of  their  County  and  sworn,  for 

every  Day  of  their  attendance  each  four  shillings. 
For  every   Juror   so   attending    &    not   sworn   three 

shilhngs  per  Day. 


604  ADMINISTRATION    OF   GOVERNOR    FRANKLIN.        [1767 

And  that  the  Constables  Fees  shall  be  as  fol- 
lows Viz* 

lor 

Serving  every  Warrant  or  Summons  Eighteen  pence. 
Serving  every  Execution  eighteen  pence. 
Advertising  and  selling  the  Goods  and  Chattels  one 

shining. 
Summoning  a  Jury  on  a  Tryal  of  small  Causes,  tvsro 

ShiUings  and  Sixpence. 


And  that  the  Cryers  fees  shall  be  as  follows, 
viz* 

For 
Calling  every  Action,  eight  jjence 
Calhng  the  Jury  in  each  Case  eight  pence. 
Calling  every  Evidence  three  pence. 
Every  one  discharged  by  Proclamation  Six  pence. 


And  that  the  Coroners  Fees  shall  be  as  fol- 
lows 

For 
Viewing  a  Dead  Body,  twelve  shillings 
A  Warrant  to  summon  the  Inquest  Two  shillings. 
Swearing  or  attesting  every  Witness  four  Pence. 
Swearing  or  attesting  the  Jury  Two  Shillings. 
Drawing  and  returning  the  Inquisition  Six  Shillings 
Executing  every  Process  Ten  shillings. 
Returning  every  Writ  nine  Pence. 
Serving  every  Venire  and  Return  Six  Shillings 
Taking  every  Bail  Bond  five  shillings  in  the  Supreme 

Court,   and  two  shillings   and   six  pence   in   the 

Inferior  Courts. 
Taking  Examinations  in  Writing  for  every  Sheet  as 

aforesaid  one  Shilling, 


nOT]        ADMlNTSTRATIOiN    OF    GOVERNTOR    FRA.N"KLfX.  (505 

For 
Taking  every  Kecogiiizance  one  Shilling  and  six  pence. 

Provided  that  no  Fees  shall  be  allowed  where  the 
Inquisition  is  taken  on  a  View  of  a  Person  drowned  or 
otherwise  dead  by  misadventure. 

And  that  the  Fees  of  the  Practitioners  of  the 
Law  shall  be  as  follows  Viz. 

For 

A  Retaining  Fee  in  each  Canse,  six  Shillings. 

Making  out  every  Process,  Writ  or  Capias  if  he  does 
it  two  shillings  and  sixpence 

Drawing  every  Declaration  not  exceeding  three  Sheets 
five  shillings. 

Every  Copy  of  a  Declaration  where  necessary  two 
shillings  provided  the  same  l)e  not  above  three 
Sheets. 

Drawing  every  affidavit  one  shilling. 

Copy  of  the  same  when  necessary  six  pence. 

Every  Common  Plea,  Replication,  Rejoinder  one 
Shilling. 

Copy  of  each  when  necessary  Six  pence. 

Every  Term  Fee  after  Service  of  the  first  process  in 
any  Cause,  and  not  before  Six  shillings.  Provided, 
not  above  three  Term  fees  be  allowed  in  Cases  on 
Bond  where  Judgment  is  by  Default  nor  more  in 
any  Cause  unless  when  necessary  Services  are  done 
in  any  Term  after  the  said  three  Terms. 

Drawing  every  special  Plea  Replication,  Rejoinder  or 
other  necessary  pleadings,  for  each  Sheet  as  afore- 
said Ten  pence,  foi-  as  many  Shec'ts  as  are 
necessary. 

Every  Warrant  of  Attorney  nine  pence 

Copy  thereof  sixpence. 

Drawing  every  Breviat,  three  shillings 

Copy  thereof  one  Shilling 


606  ADMINISTEATION   OF   GOVERNOR   FRANKLIN.        [1767 

For 

Drawing  Notice  of  Tryal,  two  ShilKng. 

Copy  and  Service  thereof,  one  shilling  and  sixpence. 

Drawing  Notice  of  Exception  to  the  Bail  two  shillings 

Copy  and  Service  thereof  one  shilling  &  six  pence. 

Drawing  Notice  of  any  Motion,  where  Notice  of  such 
Motion  is  necessary  two  Shillings. 

Copy  and  Service  thereof  one  Shilling  &  sixpence. 

Drawing  up  the  Judgment  and  Entering  the  same  on 
the  Roll  five  Shillings. 

Every  Continuance  of  a  Case  after  Issue,  one  Shilling, 
without  any  Pretence  of  a  Term  fee  for  that 
Service. 

Arguing  a  Demurrer  or  special  Verdict  Fourteen 
Shillings. 

A  Fee  on  every  Trial  Fourteen  Shillings. 

Every  special  Motion,  allowed  to  he  a  motion  in 
Westminster  Hall  Six  shillings;  provided  but  two 
motions  be  allowed  in  a  Judgment  by  Default,  and 
not  more  than  three  in  Causes  tryed  except  in 
Cases  where  Titles  of  Land  are  Concerned  or  such 
motion  appear  to  the  Court  or  Judge  who  shall 
tax  the  Costs  to  be  necessary  in  the  Management 
of  the  said  Cause. 

Service  of  a  Copy  of  every  Rule  of  Court  two  Shillings' 
and  sixpence:  Provided  that  not  more  than  the 
Service  of  one  Rule  be  allowed  in  Cases  of  Judg- 
ment by  Default,  and  not  more  than  three  in 
Causes  tryed,  except  in  Cases  where  Titles  of  Land 
are  concerned,  or  such  Rule  appear  to  the  Court 
or  Judge  who  shall  Tax  the  Costs,  to  be  necessary 
in  the  management  of  the  said  Cause. 

Drawing  every  Bail  piece  and  attending  the  Judge, 
three  Shillings. 

Every  Ticket  for  a  Subpoena  nine  pence. 

Entering  the  Declaration  Plea,  and  other  Pleadings 
on  the  Roll  per  sheet  as  before  Eiglit  pence. 


1707]        ADMINISTRATION    OP    C40VEUN0K   FRANKLIN.  G07 

For 

Writ  or  Declaration  in  special  Cases,  exceeding  three 
sheets  twelve  pence  per  Sheet. 

Drawing  Depositions  of  Witnesses  one  Shilling  per 
Sheet  as  aforesaid  for  so  many  Sheets  as  shall  be 
necessary. 

Copy  thereof  per  Sheet  if  Required  seven  pence. 

Every  Copy  of  a  special  Writ  or  Declaration  exceed- 
ing three  Sheets,  or  every  special  Plea,  Rephcation 
or  other  necessary  Pleading  seven  pence  per  Sheet. 

A  Copy  of  the  Bill  of  Costs  one  Shilling- 
Drawing  every  Common  Rule  in  Ejectment  Six  Shil- 
lings 

Copy  thereof  three  Shillings 

Entering  each  Warrant  on  the  Roll  nine  Pence 

Entering  every  Continuance  Adjournment,  or  other 
necessary  Matter  on  the  Roll  eight  pence  per  Sheet 

Travelling  Charges  to  the  Circuit  twelve  Shillings  per 
Day. 

Drawing  every  Declaration  in  Ejectment  Ten  shillings. 

Retaining  Fee  ten  shillings 

Fee  on  the  Tryal  Twenty  Shillings  for  each  Council, 
provided  no  more  than  two  Council  be  allowed 
such  Fees. 

And  to  the  Speaker  of  the  Assembly  for  the 
Time  being  there  shall  be  paid 
For  every  Private  Bill,  Twenty  Shillings. 


And  that  the  Clerk  of  the  Assembly  Fees  in 
private  Persons  affairs  shall  be  as  follows  A^iZ; 

For 
Reading  an  entering  every  Petition  or  other  Instru- 
ment or  Writing  Eighteen  penct^ 
Reading  every   private    Bill,    first,   second  and   third 
Time,  each  Time  Eighteen  Pence. 


008  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1767 

For 
The  Perusal  of  an  Act,  or  each  Day  Minutes  Eighteen 

pence. 
Entering  every  Order  eighteen  pence. 
A  Copy  thereof  eighteen  pence. 
Entering  a  Report  in  the  Journal  of  the  House  eighteen 

pence 
Engrossing  every  private  Bill  per  Sheet  as  aforesaid 

eight  pence. 
Fees  for  all  private  Bills  to  he  taxed  by  the  Speaker 
Provided  no  Bill  be  called  a  private  Bill,  which  con- 
cerns a  County  Town  or  Precinct 


And  that  the  Fees  for  the  Serjeant  at  Arms 
for  the  Council  and  General  Assembly  shall  be 
as  follows,  Viz*. 

For 

Serving  every  Order  seven  Shillings. 

Taking  every  Person  committed  into  Custody  two 
Shillings  and  Sixpence. 

Travelling  Charges  per  Mile,  three  Pence  for  going 
and  three  pence  for  coming;  every  Days  Attend- 
ance on  any  Person  after  Committment  Two 
shillings. 


And  that   the   Collector  and  Naval  Officers 
Fees  shall  be  as  follows  viz* 

Foreign  Trade. 

For 
Collector  entering   any  Vessell   from   Europe   or  the 

West  Indies  fifteen  shillings. 
Naval  Officer  for  Ditto,  Six  Shillings. 
Collector  Clearing  to  Europe  or  the  West  Indies  fifteen 

Shillings. 


1767]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  G09 

For 

Naval  Officer  for  ditto  Six  shillings. 
Coasting  to  New  England  &c 

Collector  entering  a  Vessell  Ten  Shillings 

Naval  Officer  for  ditto  Three  Shillings. 

Collector  clearing  a  Vessell  ten  Shillings. 

Naval  Officei'  three  Shillings. 

Permit  to  unload  Foreign  Vessels  Eighteen  pence 

Register  ten  Shillings. 

Ditto  for  a  Coaster  seven  shillings  &  sixpence. 

Recording  ditto  two  shillings. 

Endorsement  of  a  Register  Two  Shillings  and  Sixpence. 

A  Cocket  three  shillings. 

Bill  of  Store  five  shillings. 

Bill  of  Health  seven  shillings  &  sixpence 

Bond  for  enumerated  Goods  two  Shillings  &  sixpence. 

Certificate  to  cancell  ditto  one  shilling  and  Six  pence. 

Transives  or  Permits  for  Boats  or  Shallops  to  and  from 
New  York  or  Pensylvania,  for  their  whole  Load 
of  Country  produce  Two  shillings  &  sixpence. 


A  List  of  Fees  taken  in  the  Court  of  Chancery 

of  the  Province  of  New  Jersey  as  the  same 

are  established  by  an  Ordinance  under  the 

Great  Seal  of  the  said  Province,  issued  by 

His  Excellency  Jonathan  Belcher  Esq  late 

Governor  and  Commander  in  Chief  of  the 

said  Province  the  23"^  of  November  Anno 

Domini  1753. 

For 
The  Governors  Fees  as  Keeper  of  the  Great  Seal. 
The  Seal  to  every  common  Writ,  three  Shillings 
Every  Dcjcree  forty  Shillings 

Every  Opinion  or  order  on  a  Petition  or  Motion  Con- 
troverted and  Argued  in  Court  forty  Shillings. 
Every  Common  motion  Ten  Shillings. 
39 


010         admikistration"  op  flovernor  franklin.      [1767 

Masters  Fees. 
For 
Every  Summoiis,  three  Shillings. 
Copies  of  all  Charges  and  discharges  brought  in  before 

the  Master,  Scheduling  Writings  and  other  things, 

for  each  Sheet  containing  fifteen  Lines,  and  Six 

words  to  a  Line  nine  pence. 
Every  Eeport  or  Certificate  to  be  made  in  pursuance 

of  an  Order  made  upon  hearing  the  Cause  Twenty 

Eight  Shillings. 
Every  other  Certificate  or  Eeport  made  upon  Petition 

or  motion  only.  Twelve  Shillings. 
The  Clerk's  Fees  for  writing  every  Eeport  or  Certifi- 
cate one  Shilhng  and  sixpence  per  Sheet. 
Copy  thereof  nine  pence  Pr.  Sheet. 
Every  Afiidavit  Eighteen  pence. 
The  Allowance  of  every  Eecognizance  Affidavit  &c  to 

be  acknowledged  &  taken  in  the  Country   three 

shillings 
An  Examination  Fee,  three  Shillings. 
The  Acknowledgment  of  every  Deed  to  be  Eecorded 

three  Shillings. 
Every  Exhibit,    signed  by  a  Master,   every    Person 

shewn  to,  two  shillings. 
Copies  of  Depositions  nine  pence  per  Sheet. 
The  Caption  of  every  Eecognizance  three  Shillings. 
The  Clerk's  Fees  for  writing  the  Eecognizance  as  the 

order  directs,  three  shillings. 
Every  Exemplification  examined  by  two  Masters  to 

each  of  the  said  Masters  who  shall  Examine  the 

same  for  every  Skin  of  Parchment  two  shillings 

and  sixpence. 
Every  Bill  of  Costs  to  be  taxed  by  a  Master,  for  the 

Plaintiffs  not  putting  in  his  Bill,  or  not  proceeding 

to  Eeply,  or  for  the  Defendants  not  appearing  in 

due  time,  and  all  other  Costs  before  hearing  three 

Shillings. 


17ct]      administration  of  governor  franklin.         <ill 

The  Eegisters  Fees 
For 

Drawing  and  Entering  all  Orders,  per  Sheet  one 
shilling  and  Sixpence. 

All  Orders  not  by  motion,  Petition  or  Hearing  hut 
Consent  of  Parties,  half  to  he  paid  hy  the  Com- 
plainants and  half  by  the  Defendants,  one  Shilling 
and  Six  pence  per  Sheet. 

Filing  every  Report,  Petition  or  other  Paper  one 
Shilling. 

Copies  of  all  Orders  and  Reports  Nine  pence  per  Sheet. 

Filing  and  Registering  every  Affidavit  one  ShilMiig. 

Copying  every  Affidavit  nine  pence  per  Sheet. 

The  Register  or  Deputies  hand  to  every  Copy  of  Affi- 
davit Eighteen  pence. 

Every  Certificate  with  the  Register  or  Deputies  Hand 
to  it  two  Shillings. 

Entering  a  Cause  for  hearing,  Eighteen  pence. 

Making  Notes  of  the  Causes  that  stand  for  hearing  for 
grounding  the  Subpoena  to  hear  Judgments  one 
Shilling. 

Every  Decree,  seven  Shillings. 

Every  Dismission  seven  shillings. 

A  Search  in  the  Books  for  any  Order  or  Decree  for 
every  year  Sixpence. 

Entery  of  All  Attachments  &  Proclamation  for  each 
Person  sixpence. 

All  Rules  of  Court  to  Answer,  Reply,  produce  Wit- 
nesses and  for  Publication  &c  for  each  nine  pence. 

Entry  of  all  Rules  of  the  hke  Nature  by  Consent 
Eighteen  pence  per  Sheet. 

Entry  of  all  Amerciaments  Eighteen  pence. 

Entry  of  all  Appearances  in  Contempt  three  shillings. 

All  Bills  of  Costs  for  want  of  a  Bill  filed  in  Time  nine 
pence. 

Entry  of  all  dismissions  for  want  of  Replication  by  the 
General  Rules  eighteen  Pence. 


612  ADMiNTSfRATlOK    OF    GOVERNOR    FRANKLIN^.        [1767 

For 

All  Copies  of  Attachments,  Proclamations,  Commis- 
sions of  Eebellion,  Eules  &c  for  each  per  Sheet 
nine  pence. 

Entry  of  all  Demurrers  or  Pleas,  eighteen  pence. 

The  Clerks  Fees. 

Every  Attachment  with  a  Proclamation  Eight  shillings. 

Every  Supersedeas  for  the  discharge  of  any  Commis- 
sion or  other  Writ,  Ten  shillings. 

Every  Supersedeas  of  Privilege  pro  Venientibus  et 
Redeuntibus  a  Cancellaria,  Ten  shillings. 

Every  special  Certiorari  and  procedendum,  Corpus 
cum  Causa  or  Habeas  Corpus  five  shillings. 

Every  Bail  upon  every  Writ  of  Corpus  cum  Causa  or 
or  matter  of  Priviledge,  three  shillings. 

All  maimer  of  Procedendos  or  Certioraris  of  Course 
three  shillings. 

All  first  second  and  other  Copies  of  all  Bills  Answers 
or  other  pleadings,  whatsoever,  as  also  of  all  Cer- 
tificates and  Examinations  made  or  to  be  made  or 
taken  by  vertue  of  any  Commission  out  this  Court, 
and  of  the  Interrogatories  therewith  returned,  and 
also  of  all  Declarations  or  pleadings  by  English 
Bill  or  according  to  the  Course  of  the  Common 
Law,  and  for  Copies  of  Records  Rolls  or  Evidences 
brought  to  be  Copied  or  remaining  in  said  Court 
per  Sheet  nine  Pence. 

In  every  Cause,  for  every  Term  the  Cause  is  in 
agitation,  the  Termly  Fee  five  shillings. 

If  there  be  two  Plaintiffs  in  a  Bill  or  more,  they  all 
pay  but  one  Fee  for  one  Term,  but  for  every  three 
Defendants  accounting  the  Husband  &  wife,  but 
for  one  Person,  there  is  the  fee  of  five  shillings. 
But  for  every  Term  afterwards  during  the  Con- 
tinuance of  the  same  there  is  only  the  fee  of  five 
Shillings  a  Term  to  be  paid  for  all  the  Defendants 
in  any  Term  or  Vacation  before  in  the  same  Cause. 


1767]        ADMIXTSTRATIOlSr   OF    GOVERN  OE    FEAKKLIK.  C13 

For 

Engrossing  every  Bill  w^here  an  answer  is  to  be  made 

by  Commission  per  Sheet  nine  pence. 
Every  Commission  of  Rebellion  Twelve  Shillings. 
Every  Commission  to  take  an  Answer  or   Examine 

Witnesses  ten  Shillings. 
Every  special  Commission  upon  order  of  the  Court 

fifteen  shillings. 
Every  Writ  of  Execution  upon  an  Order  Seven  Shil- 
lings. 
Drawing  and  Em-oUing  of  every  Decree  &  Dismission 

per  Sheet  one  Shilling. 
Every  Wiit  of  Execution  upon  a  Decree  per  Sheet 

Nine  pence. 
Drawing  and  Engrossing  every  Injunction  per  Sheet 

one  Shilling  and  Sixpence. 
Every  Subpoena  five  Shillings. 
If  more  than  one  Person,  for  every  Person  more  one 

Shilling. 
Every  Attachment  five  Shillings. 
Filing  every  Bill,   Answer,  Replication,   Rejoiner,  or 

other  Pleadings  one  Shilling  and  six  pence 
Entering  Rule   to   Answer  in   the   Rule  Book,  Copy 

thereof  and  serving  the  same  on  Defendants  Clerk 

five  shillings. 
Every  Writ  ne  exeat  Provinciam  Nine  Shillings 
Every   Certificate   that   pleadings  are  filed,   Costs  of 

Contempt  paid,  or  other  matter  necessary  to  be 

certified  two  Shillings. 
Signing  &  attending  the  Governor  on  Original  AVrits 

of  Error  three  shillings. 

The  Examiners  Fees. 

Examination  of  every  Deponent  six  Shilhngs. 
Certifying  of  any  Deed  or  other  Writing  shewn  to  the 

Deponent  at  his  Examination  Two  Shillings. 
Copies  of  Depositions  per  Sheet  Nine  pence. 


6H  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1767 

For 
The   Exemplification  of  Depositions  per  Sheet  Nine 

pence. 
The  Examination  of  every  Person  abroad  ten  shilhngs. 

The  Councils  Fees. 

A  Retaining  Fee  in  every  Cause,  thirty  Shillings. 

Perusing  and  signing  Bill  answer  Plea  Demurrer  or 
any  other  special  pleadings,  Interrogatories  or 
Exceptions  Twenty  Shillings. 

Every  motion  of  Course,  Ten  Shillings. 

Every  special  Motion  Twenty  Shillings. 

Arguing  every  Plea  Demurrer  &c  three  Pounds. 

Arguing  before  a  Master  upon  Exception  or  any  other 
Matter,  Twenty  Shillings. 

Arguing  before  the  Chancellor  upon  Petition  Twenty 
Shillings. 

Arguing  upon  hearing  every  Cause  four  Pounds. 

Councils  Fee  upon  special  Matters  where  their  Advice 
is  necessary  &  not  here  in  before  provided  for,  to 
be  allowed  at  the  discretion  of  a  Master. 

The  Attorney  General  as  Kings  Council  to  be  allowed 
one  fourth  part  more  than  other  Council  in  mat- 
ters where  in  the  King  is  Concerned. 

The  Sollicitors  Fees. 

Retaining  Fee  in  every  Cause  Twenty  Shillings. 

Drawing  every  Affidavit  of  Service  of  Subpoena  or 
Common  Affidavit  two  shillings  and  six  pence. 

Every  Copy  thereof  one  shilling  and  three  pence. 

Drawing  every  Bill  Answer  Plea  Demurrer,  Interroga- 
tories &c  per  Sheet  Eighteen  pence. 

Every  Copy  thereof  per  Sheet  nine  pence. 

Engrossing  the  same  per  Sheet  nine  pence. 

Sollicitors  Fees  every  three  Months  ten  Shillings. 

Drawing  every  Common  Petition  three  Shillings. 

Copy  thereof  one  Shilling  and  six  pence. 


1767]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  615 

For 
Drawing  every  special  Petition  per  Sheet  one  Sliilling 

and  Sixpence. 
Copy  thereof  per  Sheet  Nine  pence. 
Drawing  every  special  Affidavit  per  Sheet  one  Shilhng 

and  sixpence. 
Copy  thereof  per  sheet  Nine  pence. 
Fee  for  attending  in  getting  Every  Petition  Answered 

ten  Shilhngs. 
Attending   upon    every    hearing    upon    Petition    ten 

ShiUings. 
Attending  the  Court  upon  every  Common  Motion  live 

shillings. 
Upon  every  Special  Motion  whereon  is  an  Argument 

ten  shillings. 
Copy  of  every  Order  per  Sheet  Nine  pence. 
Serving  the  same  three  Shillings. 
Giving  Notice  of  and  attending  Examination  of  every 

Witness,  either  hefore  Examiner  or  Master,  three 

Shillings. 
Drawing  Instructions  to  the  Examiner  or  Master  per 

Sheet  one  Sliilling  and  Sixpence. 
The   Abbreviating  every  Bill,  Answer,  and  all  other 

Proceedings  and  Depositions  per  Sheet  four  pence. 
Drawing  Brief  for  Council  per  Sheet  one  Shilling  and 

Sixpence. 
Copy  thereof  per  Sheet  Nine  j)ence, 
Attending  the  Court  upon  every  hearing,  upon  every 

Argument  or  Demurrer  Twenty  Shillings. 
Attending  the  Register  upon  Drawing  every  Decretal 

Order,  Ten  Shillings. 
Copy  of  every  Order  upon   Lieference  to  a  Master  per 

Sheet  two  shillings  and  Six  pence. 
Serving  the  Master  therewith  three  Shilhngs. 
Attending  the  Mastei-  upon  every  Sununons  ten  Shil- 
lings. 
Drawing  Charge   Discharge  or  other  Matters  before 

the  Master  per  Sheet  one  ShiUing  and  Sixpence. 


616  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [1767 

For 

Attending  the  Master  to  file  the  same  three  Shillings. 

Drawing  every  Bill  of  Cost  to  be  taxed  per  Sheet  one 
Shilling  and  Sixpence. 

Drawing  the  Masters  Report  per  Sheet  one  Shilling 
and  Six  pence. 

Fee  in  attending  for  the  Report  ten  Shillings. 

Drawing  Notice  of  every  Motion  Copy  thereof  and 
Service  five  Shillings. 

Solhcitors  fees  upon  special  Matters  where  Services 
are  necessary  and  not  herein  before  provided  for 
to  be  allowed  at  the  discretion  of  a  Master. 

The  Sollicitor  General  to  have  the  same  as  other  Solhc- 
itors, and  one  fourth  part  more  in  Causes  which 
concern  the  King. 

The  Sheriffs  Fees. 
For  all  Services  done  by  the  Sherriff,  the  same  Fee  as 
for  the  like  Services  in  the  Supreme  Court. 

The  Sergeant  at  Arms  his  Fees. 
Taking  a  Prisoner  into  Custody  Eighteen  Shillings. 
Miliage  for  each  Mile  going  and  Coming  nine  pence. 
Every  Day  a  Prisoner  remains  in  his  Custody,  four 

Shillings. 
The  Return  of  an  Order  One  Shilling. 
Notice  to  the  Ofiicers  of  the  Time  of  the  Courts  sitting, 

for  every  motion  then  made  one  shilling. 
Every  hearing  three  Shillings. 
Serving  every  Summons  to  attend  a  Master  twelve 

pence. 
Every  Person  in  Contempt   before  being  discharged 

of  his  Contempt  shall,  besides  all  other  Fees  pay 

the   Sergeant   at   Arms   Six   Shillings  and  Eight 

pence. 
The  service  of  every  Subpoena  if  served  by  him  fom* 

shillings. 
For  every  Mile  going  and  coming  Six  pence. 


£.    s. 

—   H. 

d. 

9 

2. 

0 

2, 

— 

7. 

(i 

3. 



6. 

— 

1. 

1. 

15. 

— 



5. 

— 

1. 

_ — 

1— 

— 

1707]        ADMIXISTKATIOX    OF    GOVERXOR    FRANKLIK.  C)V7 

A  List  of  Fees  taken   by  the  Council   of  Pro- 
prietors. 

For  every  Warrant  and  Seal  to  Resurvey.     .     - 

Entering  every  Rule  and  Minute 

Allowing  every  Survey.  .... 

Every  Warrant  and  Seal  for  Locating  Lands     . 

Fees  to  the  Council  for  every  hundred  Acres  ni 

the  fifth  Dividend 

Ditto  on  the  fourth  Dividend 

Endorsing  every  Deed  where  all  Warrant  is 
granted      ....... 

Examining  the  Council  Minutes 

Settling  the  Accounts  of  any  Proprietor 

Settling  every  Dispute  w^here  Lands  interfere     . 

Examining  every  Deed,  Caveat,  Draft  or  Sur- 
vey.   

Allowing  every  Deputy  Surveyor 

A  List  of  Fees  taken  in  the  Surveyor  Generals 

Office. 

For  inspecting,  revising  &  Cori-ecting  the  Re 

turns  for  the  first  hundred  Acres        .         .       (> 
for  the  second  ditto  ....  3 

for  the  third  ditto         .... 
for  the  fourth  ditto  &  aU  others       .         .  1.   <> 

If  less  than  80  Acres  and  ahove  5<)  Acres  .         .       3.  6 
If  less  than  50  Acres,  and  all  other  under       .  3.— 

For  drawing  every  Certificate  of  a  Survey  or 
Resurvey  for  each  Sheet  Containing  ninety 

Words —    '^ 

Recording  the  same  per  Sheet        ...  —    T 

For  every  Copy  from  the  Records  per  Sheet.  —    ♦) 

Endorsing  every  Survey  on  the  Warrant  . 
For  searching  each  Book  of  Records      . 

The  foregoing  are  all  the  ffees  Received  hy  the  Offi- 
cers within  the  Colony  of  New  Jersey  and  are  Estab- 


£.    s.    d. 


9,  


1.— 

—      () 


618  ADMINISTKATION    OF    GOVERNOR    FRANKLIN.        [1767 

lished  by  Law  or  Ordonnance  except  those  of  the 
Proprietoi's  Offices  which  were  appointed  by  the 
Council  of  Proprietors  Antecedent  to  the  Law  and 
have  been  taken  by  the  Custom  of  that  Board.  Nor 
are  there  any  other  perquisites  or  Gratuitys  received 
by  the  Officers  in  New  Jersey  for  Sei-vices  done  by 
them  upon  any  pretence  whatever  And  the  ffees  are 
paid  in  Currency  Sixty  Per  Cent  worse  than  Sterhng 
money  of  Great  Britain. 

Cha  Read  D.  Seer'. 


Order  in  Council  approvitig  fourteen  Seals  for  the 
several  Colonies  in  America,  and  directing  Secre- 
tai^y  of  State,  Earl  of  Shelburne,  to  transmit  the 
sam,e  to  the  Goveriiors. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  106.] 

r^^'*>     At  the  Court  at  S7  James's  the  13''.'' 
DAY  OF  April  1767 


<    L.    S.     !- 
I  \ 


Present 
The  Kings  Most  Excellent  Majesty  in  Conncil. 

His  Majesty  in  Council  havinpj  this  Day  Approved 
of  fourteen  new  Seals  for  the  following  Islands  And 
provinces  in  America,  (viz!^) — 

Jamaica  New  Hampshire 

Barbadoes  New  Jersey 

Leward  Islands  New  York 

Bahama  Islands  Virginia 

Bermuda  Islands  North  Carolina 

Nova  Scotia  South  Carolina 

Massachusets  Bay  Georgia 

Is  hereby  pleased  to  Order  That  the  Right  Honourable 


17<;7]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  (il9 

the  Earl  of  Shelburne,  one  of  His  Majesty's  Principal 
Secretary's  of  State  do  Cause  Warrants  to  be  prepared 
for  his  Royal  Signature,  for  Transmitting  the  said 
Seals  to  the  Governors  of  the  said  Islands  and  prov- 
vinces,  empowering  them  to  make  use  thereof,  And 
his  Majestys  said  principal  Secretary  of  State  is  hereby 
further  Ordered,  to  Clause  the  said  Warrants  and  New 
Seals,  to  be  transmitted  accordingly  And  to  require 
the  said  Governors  respectively  to  Eeturn  the  Old 
Seals  to  the  Council  Office  at  Whitehall,  in  Order  to 
their  being  Defaced  by  His  Majesty  at  this  Board. 

W.  Blair. 


Report  of  the  Lords  of  Trade  to  tlie  Earl  of  Shelburne, 
of  the  establishmevt  of  the  salaries  of  Governors, 
Judges  and  other  officers  principally  concerned  in 
the  administration  of  Justice  in  the  North  Ameri- 
can Colonies. 

[From  P.  R.  O.  B.  T.  Plantations  General,  N.,  No.  41,  pp.  117  and  160.] 

April  K),  lTr>r. 

To  the  Earl  of  Shelburne,  One  of  His  Majesty's 

principal  Secretaries  of  State. 

My  Lord. 

In  Obedience  to  His  Majestys  Commands  signified  to 
Us  in  Your  I^oi'dship's  Letter  of  the  9V'  instant,  we 
herewith  inclose  to  Your  Lordship  a  Report  of  the 
Civil  Establishment  of  the  Governors.  Judges  &  other 
Officers  principally  concei'ned  in  the  Administration  of 
Justice  in  the  several  Colonies  of  North  America,  as 
far  as  can  be  collected  from  the  Materials  in  this 
Office.     AYe  are 

My  Lords  Your  Lordship's  most  obedient 
and  most  humble  Servants 

Clare  Thomas  Robinson 

SoAME  Jenyns    W"  Fitzherbert, 


620  ADMINISTEATION    OF    GOVERNOR   FRANKLIN.        [1767 

Report  of  the  Board  of  Trade  of  the  EstabUshment 
of  the  Salaries  of  Governors,  Judges  &  other  Officers 
principally  concerned  in  the  Administration  of  Justice 
in  His  Majesty's  Colonies  in  North  America,  as  far  as 

can  be  collected  from  the  Materials  in  that  Department. 

*         ^-         *         *         *         *        *        -jf        •«■ 

Nev^  Jersey. 

The  Establishment  in  New  Jersey  consists  of  a  Gov- 
ernor, Lieutenant  Governor,  Chief  Justice,  two  Asso- 
ciate Judges  and  an  Attorney  General. 

The  Governor,  Lieutenant  Governor,  Chief  Justice 
&  Attorney  General  are  appointed  from  Home,  the 
Associate  Judges  are  appointed  by  the  Governor. 

All  these  Officers  are  intirely  dependent  upon  the 
Assembly  for  their  Support,  and  their  Salaries  which 
are  voted  from  Year  to  Year  and  are  sometimes  more 
sometimes  less  as  the  Assembly  thinks  proper,  and  are 
given  to  the  Officer  by  Name,  and  not  to  the  Office. 

By  the  last  Act  for  the  Support  of  Government  from 
May  l7fJ()  to  May  ITOT,  the  Salaries  are  as  follow, 

Ourrency 

To  the  Governor        ....  £1200 

Chief  Justice 15U 

Associate  Judges,  each      ...  50 

Attorney  General          ....  30 


Letter  from  the  Board  of  Admiralty  to  Secretary  Lord 
Slielbunie,  transniittimj  an  Account  of  the  Estab- 
lishment of  the  Admiralty  Courts  in  the  several 
Colonies  in  America. 

[From  P.  R.  O.,  America  and  West  Indies,  Vol.  '353  (270V  J 

Admiralty  Office:  30"'  April  17(i7 

R*  Honble  Earl  of  Shelbnriie. 

My  Lord 

In  obedience  to  the  Kings  commands  signified  to  us 
by  your  letter  of  the  28'''  instant,  We  herewith  trans- 


1707]        ADMIXISTHATION^    OF   GOVERNOR    FRANKLIN.  G21 

niit  to  you,  for  his  Majesty's  information,  an  account 
of  the  estabhshment  of  the  Admiralty  Courts  in  the 
several  Colonies  of  North  America  ;  but  with  respect 
to  the  salaries  of  the  officers  belonging  to  those  courts. 
We  beg  leave  to  acquaint  your  Lordship  that  no  sal- 
aries are  allowed  them,  excepting  eight  hundred 
pounds  a  year  to  D'  Si)ry,  Judge  of  the  Vice  i\dmiralty 
Court  of  all  America      Vv^e  are  My  Lord 

Your  Lordships  most  Inunble  Servants 

E"?  Hawke 

J    BULLER 

Peircy  Brett 


Account  of  the  Establishni*  of  Admiralty  Courts 

in  Noi'th  America 
In  the  Lords  of  the  Adm*^^  of  the  30**^  April  l7r.7 

Adm'ty  Office  P»<'"'  April  iTtJT 

Account  of  the  Establishment  of  the  Admiralty 
Courts  in  his  Majesty's  several  C'olomes  in  North 
America. 

Officers'  Names  Employments,  and  at  \ihat  place. 

Earl  of  Northumberland  Vice  Ad  in!  j 

Di-  W"  Spry  Judge  I  Of  all  America 

Hon'ble  Sp'  Perceval  Register      | 

Chas  Howard  Marshal      J 

Lord  Cha'  Montague  Vice  A  dm!  j 

Egerton  Leigh  Esq'  Judge  ;  Of  Sth  Carolina 

W"  Di-ayton  Esq''  Advocate 

James  Grant  J'  Vice  Adm'  of  East  Florida 

W'!'  Franklin  Esq'"  Vice  Adm!  of  New  Jersey 

Sir  Henry  Moore  B!  Vice  Adm'  i 

R'!  Morris  Esq"'  Judge  -  Of  New  ^'ork 

Rich''  NichoUs  Register      ' 

Lord  Will'"  Campbell  Vice  Adm!  ] 

John  Colher  Esq":  Judge  1  Qf  ^T^^y,^  Scotia 

Cha'  Morris  Register      | 

James  Monk  Marshal     J 


I 


fJ23 


ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1767 


Officers  Names 

Willni.  Tryon  Esq' 
WiU'"  Faris  Esq' 
Rob-  Jones  Esq'' 
Jam?  Murray  Esq' 
John  Eliot  Esq'' 
Alex?"  Duncan  Esq! 
Sir  Jeffrey  Amherst 
Jn*?  Randolph  Esq'' 
Fra^  Barnard  Esq- 


Employments,  and  at  what  place. 

Vice  Adm}  \ 

Judge         >•  Of  Nth  Carolina 

Advocate    ) 

Vice  Adml  of  Quebec 

^-^  I  Of  west  Florida 

Vice  Adm! )  ^^  ^^.     .   . 
Judge         [  ^^  ^^^g^"^^ 
Vice  Adml  of  the  I 


former  only 

Massachu 

John  Went  worth  Esq- 

Vice  Adm!  of  the 

sets  Bay 

latter  only 

and  New 

Chambers  Russell  Esq'- 

Judge 

Hamp- 

And^ Belcher 

Register 

shire 

Cha^  Paxton 

Marshal 

Jam*  Wright  Esq'-' 

Vice  Adm!  of  Georgia 

Mich?  Gill  Esql- 

Judge  of  the  V.  Adm'ty  at  S 

John  Andrews  Esq'. 

Thos  Hopkinson  Esq^ 
Wiir  Peters 


Johns  Newfoundland 

Judge    at    Rhode    Island    & 

Providence 

Vice  Adm!  '. 

]■  Or  Pensylvama 


Judge 


) 


Letter  from  Mr.  Secretar//  Poivnall  to  Mr.  Wihiwt, 
on  the  Subject  of  changes  in  the  list  of  Coniniis- 
sioners  for  settling  the  houndarij  between  New 
York  mid  New  Jersey. 

I  From  P.  R.  O.  B.  T.,  New  Jersey,  Vol.  17,  p.  195.) 

Whitehall  May  28;'  17()7. 

To  Henry  ¥/ilniot  Esq'- 
Sir, 

The  Lords  Commissioners  for  Trade  and  Plantations 
having  appointed  Tuesday  next  the  26".'  Ins*  for  Taking 
into  Consideration  Your  Petition. to  His  Majesty;  pro- 


1767]        ADMIXISTKATION    OF    (iOVEimOR    FRANKLI.V.  623 

posing  altei-ations  to  be  made  in  the  List  of  Commis- 
sioners for  settling  the  Boundary  Line  between  that 
Province  and  the  Province  of  New  York,  I  am  direct- 
ed by  your  Lordships  to  desire  your  attention  at  their 
Board  on  that  Day  at  eleven  O'Clock  in  the  forenoon. 
I  am,  Sir,  Your  most  obedient  and  humble  Servant 

J.   PoWNALL. 


Representatio)!  from  fJte  Lords  of  Trade  approrimj 
the  altera t ions  proposed  for  Neiv  Jersey  in  tJie  fist 
of  Conniiissioners  for  scftliiuj  the  bonitdar//  fine 
betireeu  tfiof  Frorii/ce  and  Neii^  Yoj^k. 

IFrom  P.  R.  O.  B.  T.  New  Jersey,  Vol.  17,  p.  ]!)(3.| 

VVihtp:hall  June  ;*/'  1T<h. 

To  the  E*  Hon'ble  the  Lords  of  the  Committee 
of  His  Majesty's  most  Hon'ble  Privy  Coun- 
cil for  Plantation  Alfiairs. 

My  Lords 

Pursuant  to  Your  Lordsliii)S  Order  of  the  2-'  of  April 
last  we  have  taken  into  our  consideration  the  humble 
Petition  of  Hen:  Wilmot  Esql  appointed  by  the  Assem- 
bly of  New  Jersey  to  SoUicit  the  Affairs  of  that  Colony, 
praying,  for  reasons  therein  contained,  that  certain 
persons  recommended  by  this  Board  to  be  Commis- 
sioners for  the  purpose  gt  finally  settling  the  Bound- 
ary Line  between  the  Provinces  of  New  York  and 
New  Jersey  may  be  omitted  in  the  List  annexed  to 
Our  Representation  to  His  Majesty  dated  July  20*''  1 7H4 
and  we  having  upon  this  occasion  been  attended  by 
the  Petitioner  and  also  by  M!"  Charles  acting  as  Agent 
for  the  Affairs  of  New  York,  we  beg  leave  herewith 


G34  ADMINISTRATION    OF    GOVERNOE    FRANKLIN.        [1767 

to  lay  before  your  Lordships  a  List  of  the  Names  of 
such  Commissioners,  as,  upon  Consideration  of  what 
is  setforth  in  M^  Wihiiots  Petition,  appears  to  Us  to  be 
proper,  and  to  which  both  Parties  have  agreed. 
We  are,  My  Lords, 

Your  Lordships  most  obedient  and 

most  humble  Servants, 
Claee  Soame  Jenyns 

John  Roberts.        W^^  Fitzherbert. 
Tho*?  Robinson. 


List  of  Persons  to  be  appointed  Commis- 
sioners for  Deciding  the  Controvercy  concern- 
ing the  Boundary  or  Partition  Line  between 
the  Provinces  of  New  York  and  New  Jersey. 

John  Temple  Esq[  Surveyor  General  of  the  Customs 
for  the  Northern  District  of  America. 

Peter  Randolph  Esq!'  Surveyor  General  of  the  Cus- 
toms for  the  Southern  District  of  America. 

Charles  Stewart  EsqT  Surveyor  General  of  His  Maj- 
esty's Customs  for  the  District  of  Quebec. 

Andrew  Elliott  Esq!"  Receiver  General  of  His  Maj- 
esty's Quit  Rents  in  the  Province  of  New  York. 

Chambers  Russel  Esq!"  Judge  of  the  Court  of  Vice 
Admiralty  for  the  province  of  Massachusets  Bay 

William  Allen  Esq!"  Chief  Justice  of  the  Province  of 
Pennsylvania 

Samuel  Holland  Esq!"  Surveyor  General  of  Lands  for 
the  northern  District  of  America. 

William  De  Brahm  Esq-  Surveyor  General  of  Lands 
for  the  Southern  District  of  America. 

Andrew  Oliver  Esq!'  Secretary  of  the  Province  of 
Massachusets  Bay. 

Charles  Morris  Esq!  Surveyor  of  Lands  and  one  of 
the  Council  of  the  Province  of  Nova  Scotia. 


1767]        ADMINISTRATION    OP    GOVERNOR   FRANKLIN.  025 

Payton  Randolph  Esq!"  Attorney  General  and  one  of 
the  Council  of  Virginia. 

Benjamin  Franklin  Esq!'  of  the  Province  of  Penn- 
sylvania 

Jare'd  Ingersoll  Esq!'  of  the  Colony  of  Connecticut. 


Letter  from  Governor  Franklin  to  Benjamin  Frmikl  in. 

Ll<'rom  "  Letters  to  Benjamin  Franklin,  from  his  Family  and  Friends,  1751-1790,'" 
New  York,  C.  Benjamin  Richardson,  1859,  pp.  32-5.] 

Burl'n,  June  10,  ITOT. 

Hon\l  Father  : 

I  have  before  me  your  two  favours,  of  March  1!)  and 
April  11,  which  came  by  the  Packet. 

Your  remarks  on  the  report  of  the  Board  of  Trade  have 
been  printed,  and  never  anything  met  with  more  gen- 
eral approbation.  Even  the  Prop'y  party  are  warm  in 
its  praises.  Alexander  Houston,  I  am  told,  has  ac- 
knowledged that  he  did  not  believe  that  all  the  writers 
on  his  side  of  the  question  put  together  could  produce 
anything  equal  to  it.  Our  friend  Samuel  Smith,'  of 
this  town,  says  that  he  thinks  all  the  provinces  in 
North  America  ought  to  join  to  make  it  worth  your 
while  to  reside  in  England  as  long  [as]  you  Hve.  The 
people  of  this  province  are  much  pleased  vv^ith  your 
having  mentioued  New  Jersey  as  one  of  the  Colonies 
which  have  guarded  against  the  excess  in  paper  cur- 
rency. They  have  no  tidings  of  any  thing's  being- 
done  by  their  own  agent  in  this  or  any  other  American 
affair,  and  the  Assembly  having  some  resentment  for 
their  being  surprised  into  the  appointment  of  him,  will 
probably  remove  him  at  this  sessions;  but  whom  they 
will  appoint  in  his  stead,  I  cannot  guess. 

'  The  historian  of  New  Jersey. 
10 


626  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1767 

The  clamour  in  England  against  the  Colonies  has 
alarmed  the  people  here  in  general.  The  New  York 
Assembly,  I'm  told,  have  voted  £3,000  for  supplying 
the  King's  troops  with  necessaries,  which  is  to  be  put 
into  the  hands  of  persons  who  are  to  provide  the  same 
articles  as  are  required  by  Act  of  Parliament,  without 
taking  any  more  notice  of  that  Act  than  if  it  had  never 
existed.  Our  Assembly,  which  is  now  sitting,  will  I  be- 
lieve, act  nearly  on  the  same  plan.  They  had,  indeed, 
provided  in  the  last  Act  all  the  necessaries  mentioned 
in  the  Act  of  Parliament  except  cider,  or  rum  in  lieu 
thereof;  but  they  at  the  same  time  provided  some 
other  things  which  were  not  required  by  that  Act,  and 
the  officers  and  soldiers  quartered  in  this  province  have 
acknowledged  themselves  well  satisfied.  There  are 
several  letters  from  England  which  mention  Gov. 
Moore's  impudent  letter's  being  read  in  the  House  of 
Lords,  and  I  hear  'tis  likely  to  occasion  some  uneasi- 
ness between  him  and  the  people  at  New  York.  I 
wish,  however,  that  the  Assembly  there  had  done  at 
their  last  sitting  what  they  have  now  done,  as  it  would 
have  saved  their  friends  in  the  ministry  a  great  deal 
of  trouble;  and  they  might,  too,  have  done  it  very 
consistently,  if,  as  you  say,  they  had  considered  the 
Act  in  the  light  of  a  requisition.  As  to  the  Boston 
Assembly,  there  seems  to  be  no  hopes  of  any  temper- 
ate proceedings  from  that  quarter,  unless  Governor 
Barnard  was  removed  or  Otis  was  to  die. 

You  may  depend  that  your  Mahogany  Press'  will  not 
be  used,  and  I  fancy  they  have  avoided  meddling  with 
the  letter,"  but  I  shall  inquire.  When  Mr.  Parker'' 
comes  this  way  I  will  get  him  to  fix  a  value  on  that 
and  the  old  press. 

I  am  much  obliged  to  you  for  procuring  the  CoUec- 


'  Evidently  a  printing  press  is  referred  to. 

-  The  type.  ■'  James  Parker,  the  printer. 


17G7]        An.MIXISTIlATION    OF    GOVERNOR    FRANKLIX.  027 

toiship  for  my  friend  KoUock.  I  have  wrote  him  that 
it  was  obtained  by  a  friend  of  mine  to  whom  I  had 
applied  in  his  behalf:  and  have  taken  pains  to  incul- 
cate among  our  friends  your  aversion  to  engage  in 
such  applications  while  you  continue  Agent.  The 
reasons  you  urge  for  its  not  being  known  that  you 
had  any  hand  in  the  affair  are  undoubtedly  of  great 
weight,  and  I  have  contrived  it  so  that  it  is  generally 
suspected  that  I  obtained  it  through  Mr.  Cooper,  with 
whom  many  here  have  heard  that  I  was  acquainted  in 
England.  The  David  Hall  you  mention  is  a  Member 
of  the  Assembly  for  Sussex,  and  had  the  Propy  inter- 
est to  procure  the  office.  As  the  Proprietor  has  failed 
in  his  ap]3lication,  I  suppose  the  party  would,  if  they 
thought  his  w^ant  of  success  was  owing  to  you,  make 
such  another  outcry  as  they  did  when  they  were  dis- 
appointed in  getting  the  Collectorship  of  New  Castle 
for  one  Morris,  in  whose  behalf  they  had  greatly  inter- 
ested themselves.  Morris's  friends  and  the  Proprietor 
wrote  over  that  you  had  got  the  office  for  Walker  (I 
think  his  name  is),  and  that  they  were  so  informed  at 
the  Treasury.  This  was  generally  believed  to  be  truth, 
and  you  were  much  abused  for  using  your  interest  for 
a  drunken  fellow  and  a  stranger  wdien  you  might  have 
got  it  for  some  man  of  character  on  this  side  of  the 
water,  or  let  the  Proprietor  have  procured  it  for  some 
such;  that  your  not  doing  this  was  making  a  wanton 
use  of  your  interest,  merely  with  a  view^  of  thwarting 
the  Proprietor,  &c.,  &c.  But  when  the  man  arrived 
and  heard  these  reports,  he  declared  that  he  was  not 
even  known  to  you,  and,  I  have  [heard],  told  many 
that  he  owed  his  place  to  Mr.  Trecothic,  as  you  wrote 
me.  But  the  Propr'y  party,  notwithstanding,  perse- 
vere in  declaring  that  you  got  it  for  him,  and  that  they 
have  letters  which  mention  it.  I  suppose  the  Proprie- 
tor had  heard  of  the  application  you  made  for  that 
office  in  behalf  of  some  friend,  and  concluded,  when 
the  appointment  was  made,  that  Walker  was  the  man^ 


628  ADMiNISTEATION   OF   (JOVERKOR   FRANKLINS        [1767 

As  to  the  fees  which  you  have  paid,  or  may  pay,  on 
account  of  Mr.  KoUock's  commission,  I  will  be  answer- 
able to  you  for  them,  and  should  be  glad  you'd  acquaint 
me  what  they  are. 

Governor  Went  worth  visited  me  on  his  journey 
home,  and  lay  a  night  at  my  house.  I  next  morning 
accompanied  him  as  far  as  Trenton  Falls,  where  we 
spent  the  day  a-fishing,  and  supped  together.  I  think 
him  a  very  sensible,  easy,  agreeable  gentleman. 
(The  conclusion  of  this  letter  is  lost.) 


Report  of  the  Attorney  and  Solicitor -General  to  the 
Lords  of  Trade,  in  relation  to  ''An  Act  for  the  pre- 
serving of  all  Such  Ships  and  Goods  thereof  which 
shall  happen  to  he  forced  on  Shore  or  Stranded 
upon  the  Coasts  of  this  Kingdom ,  or  a7iy  other  of 
her  Majesty's  dominions.'^ 

[From  Pennsylvania  Archives,  Vol.  4, 174.] 

June  25^''  1767. 
To  the  Right  Honourable  the  Lords  Commis- 
niissioners  of  Trade  and  Plantations. 

May  it  please  Your  Lordships. 

In  obedience  to  your  Lordships  Commands,  Signified 
to  us  by  Mr.  Pownall's  Letter  of  the  12"'  day  of  this 
Instant,  June,  that  we  would  take  into  our  Considera- 
tion an  Act  of  Parliament  passed  in  the  12"'  of  Queen 
Anne,  Stat.  2.  Cap.  18.  intitled  "An  Act  for  the  pre- 
serving all  such  Ships  and  Goods  thereof,  which  shall 
happen  to  be  forced  on  shore  or  stranded  upon  the 
Coasts  of  this  Kingdom,  or  any  other  of  her  Majesty's 
dominions;  also  one  other  Act  of  Parliament,  passed 
the  4"'  Geo.  1'*  Cap.  12  intitled  "An  Act  for  preserv- 
ing all  such  Ships  and  Goods  thereof,  which  shall  hap- 
pen to  be  forced  on  Shore  or  stranded  upon  the  Coasts 


1707]        ADMINISTRATION    OF   GOVERNOR    FRANKLIN.  629 

of  this  Kingdom,  or  any  other  of  His  Majesty's  domin- 
ions, and  for  inflicting  the  Punishment  of  Death  on 
such  as  shall  wilfully  burn  or  destroy  sliips "  ;  and 
that  we  would  give  our  opinion  whether  tlie  said  Acts 
do  Extend  to,  and  are  in  force  in,  His  Majesty's  Colo- 
nies and  Plantations  in  America. 

We  have  taken  the  same  into  our  Consideration, 
and  are  of  Opinion  tliat  as  the  Title  of  the  x\ct  of  the 
12"'  Anne,  Stat.  2,  C.  IS,  expressly  imports  to  be  an 
Act  for  pi'eserving  Sliips  and  Goods  forced  on  Shore 
or  stranded  upon  the  Coasts  of  this  Kingdom  "or  any 
other  of  Her  Majesty's  dominions,"  and  the  Enacting 
part  has  words  Extending  to  Her  Majesty's  dominions 
in  General;  the  said  Act  of  the  12"'  Anne,  Extends  to 
and  is  in  force  in  His  Majesty's  Colonies  and  Planta- 
tions in  America,  notwithstanding  the  special  Promul- 
gation of  the  Law  and  some  other  provisions  in  it  are 
Applicable  only  to  this  Kingdom. 

We  are  likewise  of  Opinion  that  so  much  of  the  Act 
of  4  Geo.  I,  Chap.  12,  as  declares  the  12"'  Anne  to  be 
perpetual,  Extends  to  America. 

But  the  ?)''  clause  of  that  Act,  which  introduces  a 
new  Crime,  by  a  provision  altogether  independent  of 
the  former  part  of  the  Act,  and  made  to  render  an  Act 
of  the  P'  Anne  more  Effectual,  we  are  inclined  to  think 
does  not  Extend  to  His  Majesty's  Colonies  and  Planta- 
tions in  America;  that  Clause  being  Expressed  in  Gen- 
eral Terms,  without  any  reference  to  the  Colonies. 
And  the  II  Geo.  1,  C.  29,  S.  7,  which  directs  the  mode 
of  the  prosecution  of  these  offences,  when  Committed 
within  the  Body  of  any  County  of  this  Realm  or  upon 
the  High  Seas,  making  no  mention  of  the  manner  of 
Trial,  if  such  offences  should  be  Committed  in  any  of 
His  Majesty's  Plantations  or  CV)lonie3  in  America. 

All  which  is  sul)mitted  to  your  Lordships  Considera- 
tion. 

Wm.  De  (Jkey 

E.    WlLLES. 


630  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1767 


Order  in  Council  approving  the  draft  of  the  Commis- 
sion to  settle  the  Boundary  between  the  Provinces 
of  Neiv  York  and  New  Jersey. 

[Fi-om  P.  R.  O.,  America  and  West  Indies,  Vol.  106.] 

*-'*     ^T  THE  Court  at  S^  James  the  26"'.'' 

■    L  S    V 

tj_j  Day  of  June  U67. 

Present 

The  Kings  most  Excellent  Majesty  in  Council. 

Whereas  there  was  this  Day  read  at  the  Board,  a 
Report  from  the  Right  Honourable,  the  Lords  of  the 
Committee  of  Council  for  Plantation  Affairs,  dated  the 
12'."  of  this  Instant,  upon  considering  the  Draught  of 
Commission,  prepared  by  his  Majestys  Attorney  and 
Sollicitor  General,  for  appointing  Commissioners  finally 
to  settle  and  adjust  the  Boundary  or  partition  Line, 
between  the  provinces  of  New  York  and  New  Jersey, 
from  the  Station  on  Hudsons  River,  to  the  Station  on 
Delaware  River,  and  their  Lordships  liaving  offei'ed  it 
as  their  Opinion,  that  the  said  Draught  of  a  Commis- 
sion was  proper  for  his  Majestys  Approbation.  His 
Majesty  was  thereupon  pleased  with  the  advice  of  his 
Pi'ivy  Council  (to  approve  of  the  said  Draught  of  a 
Commission  (which  is  hereunto  annexed)  and  to  Order 
as  it  is  hereby  Ordered,  that  the  Right  Honourable  the 
Earl  of  Shelburne  one  of  His  Majestys  principal  Secre- 
tarys  of  State  do  cause  a  Warrant  to  be  prepared  for 
his  Majestys  Royal  Signature  in  order  to  pass  the  said 
Commission  under  the  Great  Seal  of  Great  Britain. 

Robert  Walpole 


George  the  Third  by  the  Grace  of  God  of  Great 
Britain  France  and  Ireland    King  Defender  of  the 


1767]        ADMINISTRATION-    OF   GOVKRXOR    FRAXKLIN.  W]l 

Faith  &c  To  our  Trusty  and  well  beloved  John  Temple 
Esq.'  Surveyor  General  of  the  Customs  for  the  North- 
ern District  of  America  Peter  Randolph  Esquire  Sur- 
veyor General  of  the  Customs  for  the  Southern  District 
of  America,  Charles  Stewart  Esquire  Surveyor  General 
of  the  Customs  for  the  District  of  Quebec  Andrew 
Elliot  Esquire  Receiver  General  of  our  Quit  Rents  in 
the  Province  of  New  York  Chambers  Russell  Esquire 
Judge  of  the  Court  of  Vice  Admiralty  for  the  Province 
of  the  Massachusets  Bay.  William  Allen  Esquire 
Chief  Justice  of  the  Province  of  Pensylvania  Samuel 
Holland  Esquire  Surv^eyor  General  of  Lands  for  the 
Northern  District  of  America  William  De  Brahm 
Esquire  Surveyor  General  of  Lands  for  the  Southern 
District  of  America  Andrew  Oliver  Esq-"  Secretary  of 
the  Province  of  the  Massachusets  Bay,  Charles  Morris 
Esquire  Surveyor  of  Lands  and  one  of  the  Council  of 
the  Province  of  Nova  Scotia,  Payton  Randolph  Esquire 
Attorney  General  and  one  of  the  Council  of  Virginia, 
Benjamin  Franklin  Esquire  of  the  Provence  of  Pensil- 
vania,  and  Jared  Ingersoll  Esquire  of  tlie  Colony  of 
Connecticut  Greeting 

Whereas  the  Boundary  or  Partition  Line  between 
our  Colonies  of  New  York  and  Nova  C^esaria  or  New 
Jersey  from  the  Station  on  Hudsons  River  to  the 
Station  on  Delaware  River  hath  not  hitherto  been 
duly  ascertained  from  which  unsettled  State  (3f  the 
Boundaries  of  our  said  two  Colonies  not  only  the  Ex- 
tent of  their  respective  Jurisdictions  remains  uncer- 
tain and  the  Due  and  Regular  administraiion  of 
Government  in  both  Colonies  is  by  that  means  greatly 
Imy)eaded  but  also  frequent  and  Dangerous  Riots  have 
been  occasioned  and  are  still  likely  to  arise  as  well 
Concerning  the  Extent  of  the  respective  Jurisdiction 
as  the  property  of  the  soil  to  the  Great  Disturbance  of 
the  Publick  Peace  and  the  Manifest  discouragement 
of  Our  Good  Subjects  in  the  Settlement  and  Improve- 


632  ADilllSriSTRATION"    OF    GOVERN"OH    FRAN^KLIN".        [1767 

merit  of  that  part  of  Our  Dominion  And  Whereas 
our  said  Colonies  of  New  York  and  New  Jersey  have 
by  acts  passed  in  their  respective  General  Assemblies 
concurred  in  Submitting  the  property  of  Lands  in  both 
Colonies  to  such  a  Method  of  Decision  as  to  us  by  our 
Eoyal  Commission  or  otherwise  should  seem  meet  in 
which  Acts  they  have  made  provision  for  defraying 
the  Expence  which  may  attend  the  Execution  of  this 
Salutary  Measure  and  have  also  appointed  agents 
therein  named  in  behalf  of  each  Colon}"  to  manage  the 
said  Controversy  of  which  Acts  of  Assembly  laid  before 
us  in  our  Council  we  have  been  graciously  pleased  to 
Declare  our  Royal  Approbation. 

Know  Ye  therefore  that  We  reposing  Special  Trust 
and  confidence  in  your  Knowledge  Ability  and  Integ- 
rity, have  nominated  Authorized  and  appointed  and 
Do  by  these  presents  Nominate  authorize  and  appoint 
you  the  said  John  Temple,  Peter  Randolph,  Charles 
Stewart  Andrew  Elliot  Chambers  RusseU  William 
Allen,  Samuel  Holland,  Wilham  DeBrahai  Andrew 
Oliver  Charles  Morris  Payton  Randolph  Benjamin 
Franklin  and  Jared  lugersoU  or  any  five  or  more  of 
you  to  be  our  Commissioners  for  ascertaining  setthng 
adjusting  and  Determining  the  Boundary  aforesaid 
between  our  said  two  Colonys  of  New  York  and  New 
Jersey  in  such  manner  as  from  sufficient  Evidence 
produced  to  you  shall  appear  Just  and  Equitable.  Our 
Will  and  Pleasure  therefore  is,  that  after  Notice  shall 
be  given  to  you  and  each  of  you  or  left  at  your  respec- 
tive places  of  Abode  by  any  two  of  the  agents  named 
on  the  part  of  the  Colon}"  of  New  York  and  any  two 
of  the  Agents  named  on  tlie  part  of  New  Jersey  joint- 
ly (not  separately)  for  ^Managing  the  said  controversy 
of  this  our  Royal  Commission  to  you  directed  and  of 
the  Day  by  the  said  Agents  jointly  assigned  and  ap- 
pointed for  holding  the  fii-st  Meeting  at  our  City  of 
New  York  within  our  said  Colony  being  most  Con- 


1767]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  033 

venieutly  situated  for  that  purpose  at  least  one  Cal- 
endar Month  before  the  Day  to  be  by  them  so  appoint- 
ed for  the  said  first  meeting  you  do  repair  to  our  said 
city  on  the  Day  so  appointed  and  there  hold  Your  first 
meeting  from  which  Day  and  any  future  Days  of  ad- 
journment you  may  adjourn  to  such  time  and  times 
Place  and  })laces  as  may  be  most  Convenient  to  you 
for  the  furtherance  of  the  Business  committed  to  your 
Care  hereby  directing  that  of  the  Commissioners  pres- 
ent at  any  Meeting  he  who  is  first  named  in  the  list  of 
Commissioners  shall  preside  at  such  meeting  and  shall 
Issue  out  the  necessary  Summons  for  such  Witnesses 
as  either  party  shall  require  and  in  case  five  of  you 
shall  not  be  present  on  the  Day  of  your  first  Meeting 
or  on  any  other  Day  of  adjournment  then  such  as 
shall  be  present  or  a  Majority  of  them  shall  and  may 
adjourn  the  further  Execution  of  this  Commission  in 
manner  aforesaid  And  We  do  direct  that  at  the  first 
meeting  at  which  five  of  you  shall  be  present  you  do 
make  choice  of  one  or  more  Clerk  or  Clerks  to  enter 
Your  Minutes  and  proceedings,  and  also  make  choice 
of  one  or  more  Skilful  persons  as  Surveyors  to  make 
and  prepare  Drauglits  and  plans  of  the  Country  or 
Boundaries  as  from  time  to  time  there  shall  be  occa- 
sion and  to  Discover  survey  and  mark  out  such  River 
or  Rivers  Branch  or  Branches  thereof  Latitudes  Lines 
or  Stations  as  You  shall  think  Necessary,  and  that  you 
do  Administer  to  such  Clerks  Surveyors  and  other  per- 
sons as  you  shall  employ  an  oath,  or  (if  they  be  of  the 
people  called  Quakers)  an  affirmation  for  the  due  and 
faithful  Execution  of  tlieir  Trusts  which  oath  or  affirm- 
ation the  Commissioners  presiding  at  your  respective 
meetings  are  hereby  impowered  to  administer 

And  our  further  Will  and  Pleasure  is,  that  in  case 
either  of  our  said  Colonies  shall  neglect  to  send  to  you 
our  said  Commissioners  at  Your  first  or  second  Meet- 
ing where  five  of  you  sliall  be  present  a  plain  and  full 


634  ADMINISTRATION    OF    GOVERNOR    FRANKLIN.        [1767 

state  in  writing  Signed  by  two  or  more  of  the  Agents 
named  on  each  side  as  aforesaid  of  the  Demand  or 
Pretensions  of  our  said  Colonies  respectively,  Describ- 
ing where  and  in  what  place  the  Boundaries  in  Ques- 
tion do  begin  or  Terminate  whether  that  Termination 
be  by  a  Line  or  Lines  Latitude  or  Longitude  by  Rivers 
or  other  Waters  by  Branch  or  Branches  of  Rivers  and 
Waters  by  Hills  or  Mountains  or  by  any  other  Mark 
or  Marks  whatsoever  and  to  what  other  Station  or 
Stations  the  said  Boundaries  ought  to  run  and  in  what 
manner  and  how  far  the  same  ought  to  run  and  Ex- 
tend (to  the  End  that  Copies  thereof  may  be  mutually 
Exchanged  in  order  to  prevent  any  unnecessary  Delay 
and  that  each  party  may  come  fully  prepared)  and  in 
case  either  of  our  said  Colonies  shall  neglect  to  send  to 
you  our  said  Commissioners  at  your  first  or  secood 
Meeting  where  five  of  you  shall  be  present  the  Names 
and  places  of  abode  of  two  of  the  said  Agents  of  each 
side  residing  in  their  respective  Colonies  on  either  of 
whom  or  at  whose  place  of  abode  any  Notice  Summons 
or  Final  Judgment  of  you  our  said  Commissioners  may 
be  served  or  left,  that  then  in  each  or  either  of  these 
cases  you  our  said  Commissioners  or  any  five  of  you 
do  proceed  Exparte  in  the  execution  of  this  our  Com- 
mission. 

And  We  do  further  Direct  and  command  that  no 
Witness  or  Witnesses  be  admitted  to  give  Evidence 
but  such  as  shall  be  Sworn  or  being  of  the  people 
called  Quakers  shall  take  a  Solemn  Affirmation  befoi'e 
you  in  open  Court  which  oath  or  affirmation.  You  or 
any  five  or  more  of  you  are  hereby  Impowered  to  ad  • 
minister,  and  that  all  Interrogatories  and  Questions 
which  shall  be  put  to  such  AVitnesses  before  you  shall 
be  set  down  in  Writing  and  that  the  whole  of  what 
such  Witnesses  shall  depose  also  be  set  down  in  writ- 
ing by  the  said  Clerk  or  Clerks  in  the  presence  of  you 
and  of  the  respective  Witnesses,  and  that  the  same  be 


1707]        ADMINISTRATION    OF    GOVERNOR    FRANKLIN.  635 

read  over  to  and  sig:iied  by  the  respective  AVitnesses — 
And  that  you  shall  appoint  such  time  as  you  shall  find 
reasonable,    within  which  time  all  the  Witnesses  on 
each  side  shall  be  produced  to  be  Examined     And  We 
do  further  oi'der  and  Direct  that  Entries  be  made  of 
all  Charters  Grants  Deeds  plans  and  other  Written 
Proofs  received  by  you  as  Evidence,  and  also  of  all 
your  proceedings  and  Resolutions  and  that  such  plans 
Maps  or   Draughts  of   such   Boundaries   as   shall   be 
agreed  upon  by  you  with  a  full  description  thereof  be 
annexed  to   Your  Determination      And   our  further 
Will  and  Pleasure  is  that  when  you  shall  have  made 
Your  final  Determination  and  signed  the  same  copies 
thereof  shall  be  forthwith  sent  to  the  two  Agents  of 
each  of  our  said  respective  Colonies  whose  Names  and 
places  of  abode  have  been  certified  unto  you  as  before 
mentioned  together  with  notice  of  another  meeting  to 
be  held  by  you  at  the  distance  of  two  Months  or  at 
such  further  reasonable  time  not  exceeding  three  Cal- 
endar Months  as  you  shall  appoint  at  which  future 
meeting  the  said  Colonies  or  either  of  them  who  shall 
think  themselves   aggrieved    may   by   two    of    their 
Agents  as  aforesaid  enter  their  appeal  to  us  in  our 
privy  Council  with  a  Declaration  what  parts  of  the 
Determination  made  by  you  they  respectively  abide  by 
or  appeal  from.     But  if  either  of  our  said  colonies  shall 
not  enter  their  respective  Appeals  against  such  Deter- 
mination at  such  last  meeting.  Our  Will  is  that  then 
no  appeal  shall  be  afterwards  received  or  admitted. 
And  in  case  neither  of  our  said  Colonies  shall  then 
enter  any  Appeal  the  Determination  of  you  (be  con- 
firmed by  us  in  Council)  shall  be  final  and  Conclusive 
to  both  our  said  Colonies,     And  further  our  Will  is 
that  each  of  our  said  Colonies  be  permitted  to  take  at 
their  own  respective  Expence  Copies  of  the  whole  or 
any  part  of  your  proceedings  to  be  attested  by  five  or 
more  of  you  our  Commissioners,  And  that  you  do  re- 


636  ADMINISTRATION    OF    GOVERNOR   FRANKLIN.        [1767 

turn  this  our  Commission  together  with  all  your  pro- 
ceedings thereto  annexed  attested  by  five  or  more  of 
you  to  us  ill  Council.  And  Lastly  our  WiU  is  that  the 
Charge  of  this  Commission  and  of  Carrying  it  into 
Execution  and  of  You  our  Commissioners  Your  Clerks 
Surveyors  and  Officers  be  born  and  paid  in  equal 
Moieties  by  each  of  our  said  Colonies  as  in  the  afore- 
mentioned Acts  of  their  respective  G-eneral  Assemblies 
is  Stipulated  to  be  done  and  performed  In  Witness 
whereof  We  have  caused  these  our  Letters  to  be  made 
patent 


Letter  from  Secretary  Shelhurne  to  Governor  Frank- 
lin, conveying  the  King''s  displeasure  with  the  As- 
sembly of  New  Jersey  for  avoiding  complete  obed- 
ience to  an  Act  of  Parliament  in  regard  to  pun- 
ishing midiny  and  desertion. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  172  (190).] 

Whitehall  18'?  July  1767. 
Gov!'  Fj'anklin, 

Sir,  I  have  had  the  honour  to  lay  before  the  King 
your  Letters  of  the  18*''  DecV  1766,  from  which  it  ap- 
pears  that  the  Assembly  of  New  Jersey  have  avoided 
a  complete  Obedience  to  an  Act  of  the  British  Parlia- 
ment for  rendering  more  effectual  in  America,  an  ilct 
for  punishing  Mutiny  and  Desertion 

The  singular  Decency  and  good  Order  of  that  Prov- 
ince amidst  the  Disturbances  occasioned  by  the  late 
Act.  imposing  Stamp  Duties  in  America,  has  made 
this  Instance  of  Disobedience  the  more  to  be  regretted, 
whilst  it  has  probably  had  the  Effect  of  delaying  any 
Marks  of  Parliamentary  Displeasure  in  the  reasonable 
Expectation  that  the  same  just  Spirit  of  Constitutional 


1767]        ADMINISTEATIOX    OP   GOVERNOR   FRANKLIN.  0:57 

Acquiescence   would   soon   induce  that   Assembly  to 
return  to  a  proper  Sence  of  its  Duty. 

I  have  in  Command  from  His  Majesty  to  acquaint 
you  of  tlie  displeasure  he  has  unavoidably  conceiv'd  at 
the  ini]3roper  Conduct,  in  a  Province,  of  whose  Be- 
haviour he  had  formed  so  favourable  an  Opinion,  and 
that  He  expects  and  requires  that  the  Assembly  of 
New  Jersey  will  render  ;in  exact  and  complete  Obedi- 
ence to  th-e  Mutiny  Act.  You  will  therefore,  Sir,  in 
His  Majesty's  Name  require  of  the  Assembly  that  they 
will  make  those  Provisions  for  the  Supply  of  the  Kings 
Troops,  which,  by  that  Act  they  are  directed  to  do;  & 
I  cannot  entertain  a  Doubt  but  that  that  Assembly 
will,  upon  due  Consideration  discover  a  just  and  pro])er 
Sense  of  their  Duty  to  His  Majesty:  and  of  their  Obe- 
dience to  Parliament,  who  cannot  ultimately  suffer  its 
Legislative  Power  over  any  Part  of  His  Majestys'  Sub- 
jects to  be  questioned  or  disobeyed. 

I  am  &c 

Shb:lburne. 


Draft  of  an  instruction  to  the  Governots  in  North 
America,  fojbiddiu(/  any  aIier(dion  in  the  nvmlx^r 
of  tlie  Assemhty. 

[From  Kew  York  Colrmial  Uucuments,  Vol.  VII.,  p.  !)4tJ.] 

St  James  24,  Jidy  IT'iT. 

To  Our  trusty  and  Wellbeloved  |  naming  the 
Governors  of  the  Several  Colonies  and 
Plantations] 

Whereas  Lav/s  have  at  several  times  been  passed  in 
many  of  Our  Colonies  and  Plantations  in  Am<n'ica,  by 
which  certain   Parishes  and  Districts  have  been  Em- 


638  ADMINISTRATION   OF    GOVERNOE   FRANKLIN.        [1767 

powered  and  Authorized  to  send  Representatives  to 
the  General  Assembhes  of  the  respective  Colonies  in 
which  the  said  Parishes  and  Districts  lie,  and  Sundry 
other  Regulations  have  been  introduced  by  those  Laws 
relative  to  the  said  Assemblies;  It  is  our  Will  and 
Pleasure,  and  We  do  hereby  require  and  Command 
that  you  do  not  upon  any  pretence  whatever  give  your 

assent  to  any  Law  or  Laws  to  be  passed  in  our ' 

under  your  Government,  by  which  the  number  of  the 
Assembly  shall  be  enlarged  or  diminished  the  duration 
of  it  ascertained,  the  qualification  of  the  Electors,  or 
the  Elected,  fixed  or  altered  or  by  which  any  Regula 
tions  shall  be  established  with  respect  thereto,  incon- 
sistent with  Our  Instructions  to  you  Our  Governor,  as 
prejudicial  to  that  Right  or  Authority  which  you  desire 
from  us  by  virtue  of  Our  Royal  Commission  and 
Instructions. 


Order  in  Council,  apiyroving  the  draft  of  an  additional 
instruction  for  the  Governor  of  New  Jersey,  re- 
quiring him  not  to  give  his  assent  to  any  laiv  touch- 
ing the  number,  duration,  etc.,  of  the  Assembly. 

[From  P.  R.  O.  America  and  West  Indies,  Vol.  lOG.J 

^^      At  the  Court  at  SL  James's,  the  2fi™ 

^  L.  S. 


iJ  _}  Day  of  August  1767. 

Present, 

The  King's  most  Excellent  Majesty  in  Council. 

Whereas  there  was  this  day  read  at  the  Board  a 
Report  from  the  Lords  Commissioners  for  Trade  and 
Plantations  dated  the  24"'  of  last  Month  together  with 

1  Colony,  Province,  Island. 


1707]        ADMIKrSTRATION    OF    (lOVERNOR    FRANKLIX.  030 

a  Draught  of  an  additional  Instruction  prepared  by 
them  in  pursuance  of  His  Majesty's  Order  in  Council 
of  the  2()"'  of  June  last  for  the  Governor  of  South 
Carolina  requiring  him  not  to  give  his  Assent  to  any 
Law  or  Laws  to  be  passed  in  the  said  province  by 
which  the  Kum'oer  of  the  Assembly  shall  be  enlarged 
or  Diminished,  the  Duration  of  it  ascertained  the 
Qualifications  of  the  Electors  or  the  Elected  fixed  or 
altered  or  by  which  any  Eegulations  shall  be  estab- 
lished with  respect  thereto  inconsistent  with  his  Maj- 
esty's Instructions  to  the  said  Governor,  as  prejudicial 
to  that  Right  or  Authority  which  the  said  Governor 
derives  from  His  Majesty  in  virtue  of  his  Royal  Com- 
mission and  Instructions  And  Whereas  there  was 
also  read  at  the  Board  Draughts  of  a  like  circular 
Additional  Instruction  to  the  Governors  of  the  follow- 
ing provinces  and  Islands  in  America,  they  not  having 
as  yet  received  such  an  Instruction  Viz!^  Nova  Scotia, 
New  Hampshire,  New  York,  New  Jersey,  Virginia, 
West  Florida,  Jamaica,  Grenada,  Bermudas,  Leeward 
Islands  Barbadoes,  and  the  Bahama  Islands, —  His  Maj- 
esty taking  the  said  Report  and  Draughts  of  Addi- 
tional Instructions  into  C'onsideration  was  pleased 
with  the  Advice  of  his  Privy  Council  to  approve  of  the 
said  Draughts  of  Additional  Instructions  (which  are 
hereunto  annexed)  and  to  order  as  it  is  hereby  ordered, 
that  the  Right  Honourable  the  Earl  of  Shelburne,  one 
of  His  Majesty's  Principal  Secretarys  of  State  do  cause 
the  same  to  be  prepared  for   His    Majesty's   Royal 

Signature — 

W.  Blaik. 


040  ADMINISTRATION    OF   GOVERNOR   FRANKLIN.        [176? 

Letter  from  Governor  Franklin  to  Secretary  Shel- 
hurne,  acknowledging  receipt  of  the  Act  for  grant- 
ing certain  duties  in  the  British  Colonies,  and  the 
7iew  Seal  of  New  Jersey. 

[Fi-om  P.  R.  0.,  America  and  West  Indies,  Vol.  173  (190).] 

Burlington,  New  Jersey,  Oct'.'  6.  17C7 

The  R^  Hon"^  Earl  of  Shelburne 

My  Lord 

Your  Lordship's  Letter  of  the  11'?'  of  July,  enclosmg 
a  Copy  of  the  Act  for  granting  certain  Duties  in  the 
British  Colonies,  &c.  came  duely  to  Hand,  as  did  also 
the  New  Seal  for  the  Colony  of  New-Jersey  with  His 
Majesty's  Warrant  for  using  the  same,  I  herewith  re- 
turn the  old  One,  agreeable  to  His  Majesty's  Commands 
and  am,  with  the  greatest  Respect, 

My  Lord,  Your  Lordships  most  obedient 

&  most  humble  Servant 

W!*  Franklin 


Letter  from  Governor  Franklin  to  Benjamin  Franklin, 
in  relation,  to  Rumors  of  an  attempt  to  have  the 
Governor  Removed. 

[From  "  Letters  to  Benjamin  Franlilin,''  pp.  38-10.] 

Burlington,  Oct.  23^  1767,  Friday 
Hon\l  Father: 

*  *  *  I  send  you  enclosed  a  copy  of  a  letter  Mrs. 
Franklin  received  last  night  from  Parson  Brown'  of 
Newark,  in  which  he  gives  some  dark  hints  of  an  at- 
tempt to  have  me  removed.  But  I  have  not  the  least 
suspicion  of  what  he  alludes  to,  as  no  Gov'r  ever  stood 

1  The  Rev.  Isaac  Brown,  Rector  of  Trinity  Episcopal  Church  at  Newark,  1745-76 
an  ardent  Loyalist,  who  was  compelled  by  the  "  rebels  "  to  flee  to  New  York  in  the 
winter  of  1776-7,  and  at  the  close  of  the  war  to  Nova  Scotia,  where  he  died  1787.— 
The  Days  of  Old,  a  Centennial  Discourse,  delivered  in  Trinity  Church,  Newark,  N. 
J.,  February  H'i,  184C,  by  the  author,  H.  Henderson,  A.  M.,  Rector;  New  York,  1846, 
18-36. 


1767]         ADMINISTRATION    OF    GOVERNOll    FRAXKLIN.  (!41 

better  with  the  peoi)le  in  general  than  I  do  at  ])i'esent. 
Some,  indeed,  suspect  that  there  is  a  scheme  to  get 
Lieut.  Col.  Skinner,  who  la  [a  few  words  lost'  1  War- 
ren, to  apply  for  the  Government,  which  they  say  he 
would  stand  a  good  chance  of  obtaining  through  the 
interest  of  Col.  Fitzroy',  his  brother-in-law,  and  the 
Duke  of  Grafton.  But  I  confess  I  see  no  reason  for 
such  suspicions.  I  am  at  present  on  a  very  friendly 
footing  with  Gortlandt  Skinner;  and  though  he  might 
wish  his  brother  to  be  Governor  liei'e,  yet  I  hardly 
think  h(3  would  be  guilty  of  any  underhand  means  to 
have  me  removed  from  this  Government,  unless  I  was 
to  have  another  in  excliange.  And  I  much  question 
whether  Col.  Skinner,  now  he  is  married  to  so  great  a 
fortune  and  has  a  good  chance  of  rising  in  the  army, 
would  wish  to  have  the  Government.  Mr.  Brown 
lives  near,  and  is  intimate  with  Capt.  Arch'd  Kennedy, 
who,  without  the  least  cause  in  the  world,  has  taken, 
I'm  told,  an  uncommon  prejudice  against  me.  Per- 
haps he  may  have  thrown  out  some  hints  which  may 
have  alarmed  Mr.  Brown,  and  induced  him,  out  of  re 
gard  to  me,  to  write  my  wife  on  the  occasion.  At 
present  it  is  all  a  mystery  to  me;  but  lest  any  such 
matter  as  he  apprehends  might  be  in  agitation,  I 
thought  it  prudent  to  send  you  a  copy  of  his  letter. 

I  am,  hon'd  sir,  your  ever  dutiful  son 

Wm.  Franklin. 


'  The  missing  words  were  probably  "'  lately  married  Susan  Warren,  Daughter  of 
Admiral  Sir  Peter  Warren."  She  was  the  Admiral's  youngest  daughter  by  his  wife 
Susanna,  eldest  daugliter  of  Stephen  DeLancey  and  Ann  Van  Cortlandt  (b.  Feb,  13. 
1676),  daughter  of  Col.  Stephen  Van  Cortlandt  and  Gertrude  Schuyler.  Lieut. -Col. 
William  Skinner  was  the  third  son  of  the  Rev.  William  Skinner,  of  Perth  Amboy, 
and  Elizabeth  Van  Cortlandt  (born  May  ^t,  1691),  daughter  of  Col.  Stephen  Van 
Cortlandt.  He  served  in  the  Fi'ench  War  in  175.5-6,  being  capturt^d  in  the  latter  year; 
he  attracted  the  favorable  notice  of  King  George  II.  in  London,  in  17,57,  and  was 
commissioned  a  Lieutenant  in  the  liritisli  army,  rising  to  the  rank  of  Captain  in  17.59, 
and  Major  in  1761,  and  Lieutenant-Colonel  in  1763,  and  subsequently  (Jolonel.  He 
died  in  England  about  l77S.—  yV hltehcad'tf  Perth  Amboy,  101,  11^-119;  N.  Y.  Gen. 
and  Biocj.  Rec,  Oct.,  1871,  71-3. 

2  Col.  Fitzroy  married  a  sister  of  Col.  Skinner's  wife ;  he  was  a  brother  of  the  Duke 
of  Grafton.     See  letter  of  Col-  S..  on  page  15  of  this  volume.— |W.  N.J 

41 


642         adMixistration  of  governor  franklin.      [1707 


Letter  from  Gove  riior  Franklin  to  Secretary  Shelbtirne 
relative  to  the  inequality  of  the  expense  of  quar- 
tering troops  in  the  Colonies,  and  suggesting  a 
plan  to  obviate  it. 

[From  P.  R.  O.  America  &  West  Indies,  Vol.  190.] 

Burlington  New-Jersey  Oct'  22,  1707 
K*  Hon'^.'^  E.  of  Shelburne. 

My  Lord, 

I  am  honoured  with  your  Lordship's  Letter  of  the 
18"'  of  July,  signifying  His  Majesty's  Displeasure  at 
the  Assembly  of  this  Province,  for  having  avoided  a 
comjilete  Obedience  to  the  Act  of  the  British  Parlia- 
ment for  rendering  more  effectual  in  America,  An  Act 
for  punishing  Mutiny  &  Desertion, 

By  this  Time  j^our  Lordship  has  probably  receiv'd 
my  Letter  of  the  22'!  of  August,  in  which  I  acquainted 
your  Lordshij)  with  the  Assembly's  having,  by  an  Act 
passed  in  June  last,  made  Provision  for  Supplying  the 
King's  Forces,  quartered  in  this  Colony,  with  all  the 
Necessaries  required  by  Act  of  Parliament.  From  that 
time  to  the  present,  the  Regiment  now  station'd  here 
have  accordingly  been  regularly  supplied,  by  the  Bar- 
rack Masters,  with  every  Article  of  their  Allowance, 
and  I  have  not  received  the  least  Com})laint  from  the 
Officers  or  Soldiers  on  any  Account  w^hatever.  So 
that  I  doubt  not,  when  this  Matter  is  made  Known  to 
His  Majesty,  that  His  Royal  Displeasure  will  be  re- 
moved,  and  that  He  will  be  graciously  pleased  to  enter- 
tain the  same  favorable  Sentiments  of  the  Assembly 
of  this  Province  as  before. 

I  hope  it  will  not  be  thought  too  presuming,  if,  on 
this  Occasion,  I  should  take  the  Liberty  to  suggest  to 


1767]         ADMINISTRATION    01-    OOVEKXOK,    FRANKLIN.  fi4o 

your  LordshiiJ,  That  as  it  is  the  Inoquahty  of  the  Ex- 
pence,  more  than  the  Expence  itself,  which  occasions 
Dissatisfaction  to  the  Colonies  on  which  the  King's 
Troops  are  quarter'd.  Whether  it  would  not  be  proper, 
in  order  to  obviate  this  Objection,  to  appropriate  some 
of  the  Monies  aiiising  from  the  lievenues  of  the  C^rown 
in  America  to  the  Defraying  of  those  Expences  for  the 
future.  Their  being  paid  out  of  the  Quit  Rents,  and 
Duties  on  various  Commodities  consum'd  in  the  several 
C*olonies,  will  make  the  Burden  nearly  equal  to  the 
Inhabitants  of  each;  which  seems  but  reasonable,  as 
all  must  be  benefitted  by  the  Protection  which  the 
King's  Forces  in  America  afford.  This  Appropriation 
will  besides  have  a  Tendency  to  make  the  new  Duties 
the  less  disagreeable;  especially  in  the  Middle  Colonies, 
who  are  chiefly  burden'd  with  the  Expences  above 
mention'd.  It  is,  indeed,  sometimes  urg'd,  That  the 
Colonies  who  have  Troops  quarter'd  on  them,  are  bene- 
fitted by  the  Money  they  spend,  as  nmch,  if  not  more, 
than  they  are  hurt  by  the  Expence  of  furnishing  them 
vv^ith  Necessaries:  But  this  is  denied  by  the  People  in 
general,  who  alledge,  that  what  with  the  frequent 
Quarrels  and  Riots  occasioned  by  tlie  common  Soldiers, 
their  Plunderings,  and  sometimes  refusing  to  pay  their 
Debts,  the  Ballance  is  greatly  in  Disfavor  of  the  In- 
habitants among  whom  they  are  quartered,  if  They 
are  to  be  at  that  Expence  solely. 

I  have  the  Honoi'  to  be,  with  great  Respect,  My 
Lord,  Your  Lordship's  most 

obedient  &  most  humble  Servant 

Wf  Franklin 

P.  S.  I  am  just  informed  that  my  Dispatches  of 
Aug'*.'  L^2.  did  not  reach  New  Yoik  till  after  the  Packet 
had  sail'd  for  England. 


INDE 


A. 


Abercrombie;  General,  118. 

Admiralty:  Board  of,  Letter  from  to  Lord 
Shelburiie  sending:  an  account  of  the 
Establishment  of  the  Admiralty 
Courts.  630. 

Admiralty  Courts:  Establishment  of,  6-31. 

Ainsley:  (Aynsley,)  William,  Chief -Jus- 
tice, death  of  announced  by  Governor 
Bernard,  124.  173.— Referred  to,  177, 
314,  216.  317,  333,  334. 

Albertis:  John,  Ensign  in  the  New  Jei-sey 
Regiment,  187. 

Alexander:  Elizabeth,  330. 

Alexander:  James,  336,  342. 

Alexander:  William  (Lord  JStirling),  1.51.  — 
Petition  of  to  the  King  praying  pay- 
ment of  purchase  money  foi-  Long 
Island,  granted  to  his  ancestors,  336. 
— Member  of  Council,  374. — Named  as 
one  of  the  ( 'ommissioners  for  trying 
Pirates,  383  —Referred  to,  316,  430.— 
Letter  from,  to  Governor  Franklin, 
relative  to  the  Stamp  Act,  509. 

Allen:  William,  .583.  591,  634,  631. 

Allinson:  Samuel,  Surrogate,  359. 

Amherst:  Sir  Jeffrey,  Ma.ior  General,  Kil, 
170,  17'8,  331,  388,' 310,  337,  339.— Letter 
from  to  Captain  Elias  Dayton,  rela- 
tive to  ti'ooi^s  at  EHzabethtown,  305. 
—Referred  to,  393,  393,  398,  399,  033. 

Antlerson:  Alexander,  Lieutenant  in  the 
New  Jersey  Regiment,  185. 


Anderson:  James,  Lieutenant  in  the  New 
Jersey  Regiment,  185,  186. 

Andrews:  John,  623. 

Andross:  Governor,  330. 

Anson:  Lord,  16, 

Antle:  Dr.  Lewis,  339. 

Antill:  Edward,  Member  of  Council,  274. 
— Named  as  one  of  the  Co7mnissioners 
for  trying  Pirates,  383.- Suspended  as 
a  Member  of  the  Coimcil,  299.— Re- 
moved from  the  Council,  335.— Sketch 
of,  338. 

Antill:  John,  339,  .340. 

Antill:  Lewis,  339. 

Antill:  Margaret,  339. 

x\rmstrong:  John.  117. 

Ashfleld :  Lewis  JI orris.  Member  of  Coun- 
cil, 371.— Named  as  one  of  the  Com- 
missioners for  trjiug  Pirates,  383.— 
Referred  to,  394.— Claim  of  prece- 
dence over  Mr.  Ogden,  438.— Prece- 
dence granted  to  Mr.  Ogden,  44'!. 

Assembly  of  New  Jersej':  Deputation 
from  to  Governor  Bernard,  139. — An- 
swer to  a  speech  of  Governor  Ber- 
nard, 103.— Amicable  proceedings  of 
announced  by  Governor  Boone.  348. 
-Two  acts  of,  disapproved,  331. — 
Minutes  of,  relative  to  the  Stamp  Act, 
509.— Address  of,  to  his  Majesty  on 
the  repeal  of  the  Stamp  Act,  .500. — 
Fees  of  the  officers,  607,  008. 

Attorney  General:  Salary  of,  630. 


B. 


Banks:  .Josiah,  Ensign  in  the  New.lersey 
RegimeTit,  185,  187. 

Banyar:  George,  Deputy  Secretary  of 
New  York,  Letter  to,  from  Daniel 
Everett,  Sheriff  of  Orange  Countv, 
183. 

Barbaric:  John,  366. 

Barracks  for  the  King's  Troops,  57'6. 

Barrington:  Lord,  8,  9,  14,  Hi,  17. 

Barton:  Joseiih,  Lieutenant  in  the  New 
Jersey  Regiment,  185. 

Bayard:  William,  451,  4.53,  453,  4.56,  463.— 
Letter  from,  to  Governor  Franklin, 
relative  to  Captain  Kennedy's  (/oni- 
plaint.  467.— Referred  to.  470.— Letter 
to,  from  Governor  Franklin,  relative 
to  Captain  Keimedy's  Complaint,  471. 
— Deposition  of,  in  the  same  matter, 
472. 

Beatty:  Rev.  Charles,  6. 


Beatty:  Colonel  Erkuries,  7. 

Beatty:  (ieneral  John,  6. 

Be-aver  Skins:  Duties  upon,  405. 

Bedford:  Jonas,  Lieutenant  in  the  New 
Jersey  Regiment,  185. 

Belcher:  Andrew,  633. 

Belcher:  Jonathan,  7,  21,  119.  151. 

Bellamy:  Rev.  Joseph,  358. 

Bernard:  Francis.  7.— Proposed  hj  the 
Lords  of  Trade  to  be  Governor  of  New 
Jersey.  31. -Sketch  of.  21.— Draft  of 
Commission  of,  23. — Draft  of  General 
Iiisu-UL-tions  for,  40.— Orders  and  In- 
stfuctions  I'clatingto  Trade  and  Navi- 
gation, 77.- Letter  from,  to  the  Lords 
of  Trade,  announcing  liis  arrival  in 
his  Government,  116.— Letter  from, 
to  the  Lords  of  Trade,  respecting  the 
Indian  inva.sion.  139.  — Ijetler  from, 
to  the  Lords  of  Trade,  giving  an  ac- 


646 


INDEX. 


couat  uf  the  deatli  of  Chief- Justice 
Ainsley,  121.— Message  to  the  Mini- 
sink  Indians,  135.— Letter  from,  to 
the  Lords  of  Trade,  respecting  vacan- 
cies in  tlie  (!ouncil  and  Indian  affairs, 
135.— Letter  from,  to  the  Lords  of 
Tr.'ide,  inclosing  a  copy  of  a  Message 
to  the  Assembly,  J39. --Letter  from, 
to  the  Lords  of  Trade,  respecting  the 
manner  of  tlie  Assembly's  passing 
Bills  of  Credit,  131.— Letter  from,  to 
the  Lords  of  Trade,  in  regard  to  spec- 
ial power  from  His  IMajesty  to  raise 
money,  137.— Letter  from,  to  Lords 
of  Trade,  in  relation  to  a  conference 
with  the  Indians,  139.— Letter  to,  from 
Secretary  Pitt,  urging  the  invasion 
of  Canada,  149.— Letter  to,  from  the 
Lords  of  Trade,  in  answer  to  com- 
munication from  him.  1.52.— Instruc- 
tions to,  relative  to  passing  paper 
Bills  of  Ci-edit,  156.— Speech  of,  to  the 
Legislature,  159.— Address  to  the  Leg- 
islature, 163. — Letter  from,  to  Secre- 
tary Pitt,  relating  to  the  unanimity 
and  dispatch  of  the  Assembly  in  car- 
rying out  the  King's  commands,  106. 
— Letter  from,  to  the  Lords  of  Trade, 
upon  the  Money  Bills  passed  for  ex- 
traordinary purposes,  170.— Letter 
from,  to  the  Lords  of  Trade,  inform- 
ing them  that  the  New  Jersey  Regi- 
ment had  arrived  at  Albany,  and  that 
he  had  laid  out  a  town  for  the  Indians 
in  Burlington  (Jounty,  174.— Letter 
from,  to  the  Lords  of  Trade,  con- 
cerning the  pretentions  of  R.  H.  Mor- 
ris to  the  office  of  Chief -Justice,  176. 
—Letter  to,  from  the  Lords  of  Trade, 
inclosing  proclamation  for  Thanks- 
giving, 183.  —Letter  to,  from  the  Lords 
of  Trade,  announcing  his  appoint- 
ment as  Governor  of  Massachusetts 
Bay.  1S8.— Letter  to,  from  the  Lords 
of  Trade,  on  the  pi-etentions  of  Rob- 
ert H.  Morris  to  the  office  of  Chief- 
Justice,  191.— Referred  to,  193 —Let- 
ter to,  from  Mr.  Morris,  inclosing  the 
patent  appointing  him  to  the  ofHce 
of  Chief-.lustice,  303. — Letter  from, 
to  the  Lords  of  Trade,  expressing 
gratitude  at  being  appointed  Gover- 
nor of  Massachusetts  Bay,  209.— Let- 
ter from,  to  the  Lords  of  Trade,  in 
relation  to  the  claims  of  Mr.  Morris 
to  the  office  of  Chief -Justice,  313.— 
Referred  to,  217.  218.— Letter  from,  to 
Secretary  Pitt,  inclosing  his  address 
to  the  Legislature,  with  the  answer 
of  the  Assembly,  319.— Letter  to  the 
Lords  of  Trade  on  the  bill  for  raising 
Troops,  334.— Referred  to  330,  332,  336, 
237,  239,  S48,  270,  343,  387,  537-530,  632, 
636. 

Bernard:  Fran.,  Captain  in  the  New  Jer- 
.sey  Regiment,  186. 

Berrien:  John,  427,  463. — Letter  from,  to 
Governor  Franklin,  relative  to  Cap- 
tain Kennedy's  Complaint,  470. 

Besborough:  Lord,  349. 

Biddle:  William,  4. 

Bills  of  Credit:  see  Paper  Currency. 

Bisho])  of  London:  Representation  of,  to 
the  Lords  of  Trade,  relative  to  Mar- 
riage License-:,  504.  .530. 

Bland :  Gabriel,  Surrogate,  359. 

Bonnel:  Abraham,  Lieutenant  in  New 
Jersey  Regiment,  185. 


Bonnel:  Jacob.  Ensign  in  the  New  Jersey 
Regiment,  187. 

Boone:  Thomas,  appointment  as  Gover- 
nor of  New  Jersey,  approved  bv  His 
Majesty,  188,  189.— Draft  of  Cornmis- 
sion  of  ,190.— Draft  of  Instructions  for, 
193,  194. —  Commission  as  Vice-Ad- 
miral.  195.— Letter  from,  to  the  Lords 
of  Trade,  acknowledging  tlie  honor 
conferred  upon  him,  305.— Referred 
to,  311. — Letter  from,  to  the  Lords  of 
Trade,  announcing  his  departure  for 
New  Jer.sey,  318.— Referred  to,  226.— 
Letter  from,  to  the  Lords  of  Trade, 
announcing  his  arrival  in  New  Jer- 
sey, 234.— Sketch  of,  234.— T,etter  to, 
from  R.  H.  Morris,  stating  his  dispute 
with  Mr.  Jones.  235. — Letter  from,  to 
the  Lords  of  Trade,  transmitting  BIr. 
Morris'  letter,  338.— Letter  from,  to 
Secretary  Pitt,  in  regard  to  imputed 
illegal  trade  in  New  Jersey,  340. — 
Letter  from,  to  the  Lords  of  Trade, 
referring  to  the  amicable  proceedings 
of  the  last  Assembly,  348. —Letter 
from,  to  Secretary  of  the  Lords  of 
Trade,  in  relation  "to  defective  Postal 
Arrangements  in  the  Province,  249. — 
Letter  to,  from  Governor  C'olden, 
relative  to  Northern  Boundary  dis- 
pute, 2.53.— Letter  from,  to  the  Lords 
of  Trade,  relative  to  raising  an  addi- 
tional number  of  tro  ps,  260. — Letter 
from,  to  Secretary  Pitt,  in  relation  to 
raising  troops,  36i.— Referred  to,  364, 
265,  369.  370.— Letter  from,  to  the 
Lords  of  Trade,  transmitting  papers, 
379.— Address  to,  by  the  House  of 
Representatives,  287.— Answer  of,  to 
Address  of  the  House,  388.— Letter 
from,  to  the  Lords  of  Trade,  relative 
to  the  New  Jersey  Regiment,  299.— 
Jjetter  from,  to  the  Lords  of  Trade, 
relative  to  the  seizure  of  a  vessel 
engaged  in  ilhcit  trade.  300. — Letter 
from,  to  the  Secretary  of  State,  with 
congratulations,  on  the  King's  in- 
tended marriage,  304  —Letter  from, 
to  the  Lords  of  Trade,  relative  to  his 
leave  of  absence,  305. 

Boone:  Charles,  Letter  to  the  Lords  of 
Trade,  praying  that  his  brother,  Gov- 
ernor Boone,  be  allowed  to  visit  Eng- 
land, 263. 

Bostwick:  Rev.  David,  extract  from  a 
letter  from,  to  Rev,  Joseph  Bellamy, 
on  the  death  Rev.  Samuel  Davies,  2,58. 

Boundary  Dispute :  Order  for  the  arrest 
of  Sussex  County  men,  17'8. — Petition 
of  Philip  Swartwout,  350,  253.— Act 
submitting  tlie  decision,  389.— Com- 
missioners for  running  the  bounda- 
ries, 447,  581,  588,  624,  630. 

Bounties:  Revival  of,  upon  Hemp,  405. 

Bounties  on  Raising  Hemp  and  Silk,  490. 

Bradstreet:  Oaptaih,  365. 

Brahm,  De:  Wilham,  582,  591,  634,  631. 

Brainerd:  Hezekiah,  3.55. 

Brainerd:  Jolm,  175.— Commission  of,  as 
Superintendent  of  the  Indians  at 
Brothei-ton,  355.— Sketch  of,  355. 

Brotherton:  Note  on,  175.  -Referred  to, 

Browm:  Rev.  Isaac,  610. 
Brown:  Philip,  5. 
Buckley:  Richard,  591. 
Budden:  Captain,  534. 


INDEX. 


047 


c. 


Campbell:  John.  335. 

Campbell:  Lord  William,  (i^!. 

Carr:  Sir  Robert,  329. 

Carteret:  Governor,  456. 

Chambers:  John,  178.— One  of  the  Com- 
missioners to  try  Pirates,  383. 

Cholmondele.y:  Robert,  Letter  to  the 
Lords  ( Commissioners  of  his  Majesty's 
Treasury,  submittinf?  Orders  and  In- 
structions for  the  Receiver-General, 
289. 

Clarke:  George,  named  as  one  of  the 
Commissioners  for  trying  Pirates,  283. 

Clarke:  James,  180,  181. 

Coates:  Christopher,  257. 

Coe:  Daniel.  Ensign  in  the  New  Jersey 
Regiment,  187. 

Colden:  Cadwallader,  24o.— Petition  of 
Philip  Swartwout  to,  in  relation  to 
the  Northern  Boundary,  250. —Letter 
from,  to  Governor  Boone,  relative  to 
Northern  Boundary  Dispute,  253.— 
Named  as  one  of  the  Commissioners 
for  trying  Pirates,  283.  Referred  to, 
308.  325.  432.--Letter  from,  to  Secre 
tarv  Conwav.  relative  to  the  Stamp 
Act,  500.— Referred  to,  510.— Letter 
from,  to  Governor  Franklin,  relative 
to  the  Stamped  Papers,  .511. 

Cole:  Cornelius.  180,  181. 

Collier:  John,  621. 

Conttrack:  Abraham,  117. 

Conway  :  Secretary,  Letter  from,  to 
Governor  Franklin,  relative  to  the 
petition  from  the  possessors  of  the 
Islands  in  the  River  Delaware'.  492.- 
Letter  to,  from  Lieutenant  Governor 
Colden,  relative  to  the  Stamp  Act. 
500. — Letter  from,  to  Governor  Frank- 
lin, authorizing  him  to  call  out  the 
land  and  naval  forces,  501. — Circular 
Letter  fi'om.  announcing  the  progress 
in  Parliament  for  the  repeal  of  the 
Stami>  Act,  549.— Circular  Letter  from 
transmitting  Acts  of  Parliament  for 
securing  the  dependency  of  the  Colo- 
nies on  the  mother  country,  an  1  for 
the  repeal  of  the  Stamp  Act,  550. — 
Letter  to,  from  (Jovernor  Franklin, 
transmitting  a  copy  of  his  speech  to 
the  Council  and  Assembl.y  on  tlie 
repeal  of  the  Stamp  Act,  555. 

Cooper:  Mr.,  027. 


Corbin:  Richard,  3.10. -One  of  the  Com 
missioners  to  settl'  the  i;onn<lary 
Line,  447. 

Cornwallis:  General,  8,  14,  16. 

Corj'ell:  George,  Lieutenant  in  the  New 
Jerse.y  Regiment,  1S5.  187. 

Council  of  New  Jersey:  Address  of,  to 
Lieutenant  Governor  Pownall,  4.— 
Vacancies  in,  126,  383 — Minutes  of, 
509. — Address  of,  to  his  Majesty  on 
the  repeal  of  the  Stamp  Act,  558. — 
Reply  of  to  the  congratulatory  speech 
of  Governor  Franklin,  .562.— Fees  of 
the  Clerk  of.  597. 

Courts:  Governor's  power  to  establish, 
28,  29,  .55.— Minutes  of  the  Supreme 
Court  on  the  claim  of  Mr.  Morris,  214. 
—Court  of  Chancery,  297.— Tenure  of 
the  Commission  of  Judges,  321,  324, 
329.  349.— Surrogate.  359.  -Ordinance 
for  holding  the  Supreme  Court,  434. 
—Instruments  used  in  the  various 
Courts,  38f).— Remarks  of  Governor 
Franklin  on  an  Act  regulating  the 
ju-actice  of  the  Law.  490.— The  Courts 
and  the  Stamp  Act,  505,  531,  536,  540, 
.546.— Fees  of  the  Justices  of  the 
Supreme  Court.  593.— Fees  of  the  Pre- 
rogative Court,  .595.  —Fees  of  the  Clerk 
of  the  Supreme  Court,  .596.— Fees  of 
the  Attorney-General,  .598.— Sheriff's 
Fees,  .599.— Fees  in  the  Court  of  Com- 
mon Pleas,  600,  601.— Fees  of  the  Clerk 
of  Assize, 602. —Witnesses'.  Surveyors' 
and  Jur.y  Fees,  603.— Constaliles". 
( "ryers'  and  Coroners'  Fees,  604.— 
Lawyers'  Fees.(305.  —Fees  in  the  Court 
of  Chancer.v,  609  to  616.— Admiralty 
Courts,  establismeiit  of,  621. 

Cox:  William,  Ensign  in  the  New  Jerse.y 
Regiment,  187. 

CJoxe:  William,  Letter  to  Gov.  Franklin, 
497.— Ref ei  red  to,  .511,  515,  516,  517, 
.519. 

Crane:  Phhiehas,  Ensign  in  the  New- 
Jersey  Regiment,  187. 

Crawford:  General,  277.  278. 

Crawley:  John,  321. 

Crogha'n:  Colonel.  Deputy  Agent  for 
Indian  Affairs,  .521. 

Cryer:  Thomas,  :^1S. 

Cuttebacli:  William,  178,  179. 

Cuykendall:  Solomon,  180,  181. 


D. 


Davis:  Deborah,  2.51. 

Davies:  Rev.  Samuel,  President  of  the 
( 'ollege  of  New  Jerse.y,  death  of,  8.58. 

Dayton:  Elias,  Ensign  in  the  New  Jersey 
Regiment,  185,  186,  187. -Letter  to, 
from  Sir  Jeffrey  Amhei-st,  relative  to 
troops  at  Elizai)ethtown.  365. 

DeLancey:  James.  Lit^utenant-Governor 
of  New  York.  17S,  2.50.  SA.  2.55. 

Delancy:  Oliver,  named  as  one  of  tlie 
Commissioners  for  trying  Pirates,  283. 

De  Lancev:  Stephen.  641. 

DeGrey:  William.  (i-.'9. 

Dennis:  Jacob.  Surrogate,  3(ii). 

Denny:    William,  Letter  to,  from  John 


Reading.llO.— Note  on,  110.— Referred 
to,  120,  141. 

Doane:  Jonathan,  Surrogate,  360. 

Donaldson:  VVilham,  186,  4<;3.— Sketch  of 
tlie  reasons  why  Captain  Kemiedy's 
claim  to  a  share  of  the  Bergen  Com- 
mons was  not  admitted.  474. 

Dongan:  Governor,  331). 

Doud:  Aaron,  Surrogate,  359. 

Douglass:  William,  Captain  in  the  New 
Jersey  R.-giment,  1H4,  186. 

Drayton:  William,  021. 

Drummond:  Andrew.  445. 

Duncan:  Alexander,  622. 

Durrell:  Philip,  110. 


648 


INDEX. 


E. 


Earle:  Edward,  451,  454. 

Egremonfc:  Earle  of,  325.— Letter  from, 
to  the  Governor.s  of  North  Ameriea, 
relative  to  Militai-y  Affair.s,  330.— Re- 
ferred to,  337.— Letter  to,  from  Gov- 
ernor Hardy,  relative  to  Duty  on  im- 
ported Negroes,  347. — Letter  to,  from 
Governor  Hardy,  relative  to  the  war 
with  Spain,  363.— Letter  from,  to  the 
Lords  of  Trade.  announcinK  the  ap- 
pointment of  William  Franklin  as 
Governor  of  New  Jersey,  368. — Letter 
from,  to  Governor  Hardy,  informing 
him  of  his  removal  from  the  Gov- 


ernorsliip,  374. — Letter  to,  from  Gov- 
ernor Hardy.  379.— Letter  to,  from 
Governor  Franklin,  relative  to  Indian 
hostilities,  393. 

Eliot:  John,  622. 

Elliot:  Andrew,  582,  591,  624,  631. 

Ellis :  Joseph,  Captain  in  the  New  Jersey 
Regiment,  184. 

Emmons:  Nicholas,  251, 

Everett:  Daniel,  Sheriff  of  Orange  Comi- 
ty. Letter  from,  to  George  Banyar. 
Deputy  Secretary  of  the  Provincs  of 
New  York,  182. 

Ewiug,  Maskell,  Surrogate,  359. 


Falkner:  William,  Lieutenant  in  the  New 
Jersey  Regiment,  187. 

Faris:  William,  622. 

Fauquier:  Francis,  Lieutenant  Governor 
of  Virginia.  531. 

Fees  taken  in  the  different  offices  of  the 
Province  of  New  Jersey,  593. 

Field:  (Fell)  John,  339. 

Fell:  John,  446. 

Fitzroy:  Mr.,  15.  16,  17,  641. 

Forbes:  General,  120. 

Forrest:  Captain  James,  326. 

Forrester:  Major,  228. 

Foster:  WilUam,  356,  357. 

Franklin:  Benjamin,  249.— Letter  to  H. 
Potts,  Secretary  to  the  Postmaster- 
General,  relating  to  the  Post  Routes 
in  New  Jersey,  265.— Referred  to,  369, 
371. — Letter  to,  from  Governor  Frank- 
lin, relative  to  the  negotiations  of 
Colonel  Croghan  with  the  Indians, 
521.— -One  of  the  Commissioners  to 
settle  the  Boundary  Line  between 
New  York  and  New  Jersey,  582,  591 . 
— Member  of  tlie  Court  of  Admiralty, 
621. — Letterto,  from  Governor  Frank- 
lin, 625. — Commissioner  to  settle  the 
Boundary,  631. — Letter  to,  from  Gov- 
ernor Franklin,  relative  to  rumors  of 
an  attempt  to  remove  the  Governor, 
640. 

Franklin:  William,  appointed  Governor 
of  New  Jersey.  368.— Commission  of, 
as  Governor,  3(38. — Sketch  of,  369.— 
Commission  of  Vice  Admiral,  372.— 
Letter  from,  to  the  Lords  of  Trade, 
announcing  his  arrival  in  New  Jersey, 
and  notifying  them  of  three  vacan- 
cies in  the  Council,  3S3.— Letter  to 
the  Lords  of  Trade,  inclosing  Minutes 
of  Council  and  six  acts  passed  by  the 
Assembly.  388. — Letter  from,  to  the 
Lords  of  Trade,  informing  them  that 
the  Indians  had  re-commenced  hos- 
tilities, 391.— Letter  from,  to  the  Earl 
of  Egremont,  relative  to  the  Indian 
hostilities,  and  th^  measures  taken 
for  defence,  393.— Letter  to,  from  the 
the  Lords  of  Trade,  relative  to  the 
issuing  of  certain  sums  of  paper 
money,  396.—  Letter  from,  to  the 
Lords  of  Trade,  relative  to  repelling 
the  hostilities  of  the  Indians,  398.— 
Letter  from,  to  the  Lords  of  Trade, 
relative  to  an  act  for  raising  troops 
for  the  defence  of  the  Province,  400. 


—Letter  from,  to  the  Lords  of  Trade , 
relative  to  the  transmission  of  public 
papers,  the  revenue,  and  money  for 
public  buildings,  402.— Letter  from, 
to  the  Lords  of  Trade,  informing 
them  of  the  death  of  Robert  H.  Mor- 
ris, and  the  appointment  of  Charles 
Read  to  succeed  him;  also  recom- 
mending Richard  Stockton  to  be  a 
member  of  the  Council,  42G.— Letter 
from,  to  the  Lords  of  Trade,  relative 
to  raising  levies ;  also  to  some  acts  of 
the  Assembly,  and  to  Mr.  Ashfleld's 
claim  of  precedence  over  Mr.  Ogden, 
428.— Letter  from,  to  the  Earl  of  Hali- 
fax, relative  to  raising  troops,  and 
inclosing  letter  of  General  Gage,  431. 
— Lettei'  to  the  Lords  of  Trade,  an- 
nouncing that  the  Six  Nations  of  In- 
dians, are  likely  to  render  aid  that 
will  end  the  Indian  war  for  the  sum- 
mer, 433.  -Complimentary  letter  to, 
from  Lord  Halifax,  439.— Letter  to, 
from  the  Lords  of  Trade,  relative  to 
James  Parker  and  Frederick  Smyth; 
also  to  the  dispute  between  Mr.  Ogden 
and  Sir.  Ashfield,  and  to  the  importa- 
tion of  Negroes,  444.— Commissioner 
to  run  the  boundary  line  between 
New  Jersey  and  New  York,  447.— Let- 
ter from,  to  the  Earl  of  Halifax,  ex- 
pressing thanks  for  his  letter,  453. 
— Letter  to  the  Lords  of  Trade,  in 
reply  to  theirs  of  July  13,  1764,  458.— 
Letter  from,  to  the  Lords  of  Trade, 
relative  to  the  complaint  of  Captain 
Kennedy,  concerning  the  partition 
of  common  lands  in  Bergen  County, 
459.— Letter  to  the  Earl  of  Halifax, 
relative  to  the  same,  461.— Letter  to, 
from  \\'illiam  Bayard,  relative  to  the 
same,  467. —Letter  fropi,  to  William 
Bayard,  relative  to  the  same,  471. — 
Referred  to,  475,  476. — Letter  from, 
to  the  Lords  of  Trade,  relative  to  the 
act  for  the  partition  of  Bergen,  578. — 
Letter  from,  to  the  Earl  of  Halifax, 
inclosing  the  Attorney-General's  list 
of  the  instruments,  etc.,  made  use  of 
in  New  Jersey,  470. — Letter  from,  to 
the  Earl  of  Halifax,  announcing  the 
appointment  of  Frederick  Smyth  to 
be  Chief-Justice,  486.— Letter  to,  from 
John  Pownall,  relative  to  Peter  Gor- 
don's lottery,  487. — Letter  from,  to 
the  Earl  of  Halifax,  relative  to  the 


INDEX. 


649 


Islands  in  the  Delaware  River,  488.— 
Letter  from,  to  the  Lords  of  Trade, 
relative  to  bounties  tor  raising  Hemp 
and  Silk,  490.— Letter  to,  from  Secre- 
tary Conway,  relative  to  the  Islands 
in  the  River  Delaware,  492.  -Letter 
from,  to  Secretary  Conway,  relative 
to  the  Stamp  Act,  inclosing  letters 
from  William  Coxe,  General  Gage 
and  others,  492. — Letter  from,  to  Wil 
liam  Coxe,  497.— Letter  from,  to  the 
Lords  of  Trade,  with  respect  to  the 
Stamp  Act,  499.— Letter  to.  from  Sec- 
retary Conway,  authorizing  liim  to 
call  out  the  land  and  naval  forces,  501 . 
— Letter  from,  to  the  Lords  of  Trade, 
relative  to  the  troubles  caused  by  the 
Stamp  Act,  50.".— Letter  from,  to  Sec- 
retary Conway,  relative  to  the  Stamp 
Act,  inclosing  Minutes  of  the  Assem- 
bly, 507.— Letter  to,  from  Lieutenant- 
Governor  Colden,  relative  to  the 
Stamped  Papers  New  .Jersey,  511. — 
Letter  to,  from  Ai'chibald  Kennedy, 
relative  to  the  same,  OlS.— Letter  to, 
from  James  Hawker,  relative  to  the 
same,  513.— Letters  from,  to  Captain 
Hawker,  514, 519.— Lettef  to,  from  the 
Lords  of  Trade,  concerning  licenses 
for  marriage,  5-.;0. — Letter  from,  to 
Benjamin  Franklin,  relative  to  the 
success  of  Colonel  ('roghan  with 
the  Indians,  521.— Letter  from,  to  the 
Lords  of  Trade,  relative  to  the  Stamp 
Act.  .524. — Referred  to.  529. — Letter 
from,  to  Secretary  Conway,  trans- 
mitting  his  speech    io   the   Council 


and  Assembly,  on  the  repeal  of  the 
Stamp  Act,  555,— Reply  of  the  Coun- 
cil to  his  speech,  .562.— Letter  from, 
to  John  Pownall,  transmitting  votes 
and  laws  of  the  Assembly,  567.— Let- 
ter from,  to  the  Duke  of  Richmond, 
acknowledging  receipt  of  acts  of 
Parliament,  etc.,  5G8  —Letter  from,  to 
the  Earl  of  Shelbiu-ne,  concerning  the 
munU^rs  and  violences  committed  on 
the  Indians,  .574.— Letter  from,  to  the 
Earl  of  Shelburne,  relative  to  the 
trial  of  one  Seymour  tor  murdering 
an  Oneida  Indian,  578.— Account  by  of 
the  Standing  Salaries  to  the  Officers 
of  Goverimient,  .579.— Letter  from,  to 
Lord  Slielburne,  relative  to  the  An- 
nual Charges  in  the  Province  of  New 
Jersey,  .586.— Letter  from,  to  the 
same,"  transnutting  a  list  of  the  fees 
taken  in  the  dilfereiit  offices  of  New 
Jersey,  .592.  -Admiralty  Court,  621. — 
Letter  to,  from  Secretary  Shelbui'ue, 
expressing  the  King's  displeasure 
with  the  Assembly  for  not  obeying 
an  act  of  Parliauient,  in  regard  to 
punishing  mutiny  and  desertion,  636. 
—  Letter  of  acknowledgment  from, 
to  Secretai-y  Shelljurne,  040,- Letter 
from,  to  Beii.iamin  Fi-anklin,  in  rela- 
tion to  rumors  of  attempt  to  remove 
the  Governor,  610.- Letter  from,  to 
Secretary  Shelburne,  relative  to  quar- 
tering troops  in  the  Colonies.  612. 

Franklin:  William  Temple,  -i'ti. 

Franklin:  Mrs.,  CtO. 


G. 


Gage:  Gen.  Thomas,  431.— Letter  from 
to  Gov.  Franklin,  relative  to  military 
affairs,  432.  —  Letter  to  from  Gov. 
Franklin,  relative  to  the  Stamj)  Act, 
494. — Answer  thereto,  495. 

Gardner:  Captain,  122,  123. 

Gates:  Horatio,  427. 

Germain :  Lord  George,  477. 

Gill:  Michael.  622. 

Gilman:  Freeman,  Ensign  in  the  N.  J. 
Regiinent,  187. 

Goelet:  Francis,  .334. 

Gomar:  Peter,  179. 

Gordon:  Peter,  Lottery  made  by,  314, 
458.— (jrder  to  repeal  the  act  render- 
ing his  Lottery  void,  487. 

Gorham:  Joseph,  .591. 

Governors  of  Colonies:  Circular  Letter 
to  inclosing  Proclamation  of  thaidcs- 
giving,  18:1— Circular  letter,  in  rela- 
tion to  old  seal,  243.— Instruction  to 
relative  to  prayers  for  the  Royal 
family,  244,  302.— Instructions  to  as  to 
settlements  on  the  borders  likely  to 
interfere  with  the  Indians,  and  the 
tenure  of  Commissions  granted  to 
the  Judges  ar.d  other  officers.  321, 
326,  329.— Circidar  letter  to  relative  to 
recruits,  330.— Instructions  to  in  re- 
gard to  prayers  for  the  Royal  family, 


375.  —  Instructions  relative  to  fees 
taken  by  several  officers  of  govern- 
ment, 440.— Circular  letter  to  relative 
to  the  Stamp  Act,  .549.— Circuhir  let- 
ter to,  transmitting  act  of  Parliament 
repealing  the  Stamp  Act,  550.— Circu- 
lar letter  to,  transmitting  act  to  in- 
demnify such  as  had  incurred  the 
penalties  of  the  Stamp  Act,  ,5.53.— 
Circular  to,  requiring  accounts  of 
manufactm-es,  503.- Instructions  to, 
regulating  correspondence,  566.— Cir- 
cular in  regard  to  complaints  made 
by  the  Superintendent  of  Indian  .'Af- 
fairs, 5(!9.— Circular  to,  reqiK'stiiig  es- 
timates of  the  annual  charge  of  main- 
tainmg  the  establishment  of  their  re- 
spective provinces,  .573.— Instruction 
to,  forbidding  any  alteration  in  the 
number  of  the  Assembly,  637,  638. 

Grafton:  Duke  of,  9,  15.  -Letter  to  from 
the  liOrds  of  Trade,  transmitting 
papers,  containing  information  con- 
cerning riots  in  America  in  conse- 
cjuence  of  the  Stamp  Act,  526. -Re- 
ferred to,  641. 

Grant,  Jr.:  James,  621. 

Griffin:  Thomas.  Ensign  in  the  N.  J. 
Regiment.  185,  187. 

Guerrish:  Joseph,  591. 


H. 


Hackett:  John.  7. 

Halifax:  Lord,  210,  3M,  431.— Letter  frotn 
to  Gov.  Franklin,  complimenting  his 
zeal  in  protecting  the  frontiers   of 


New  Jersey.  439.— Circular  letter  from 
informing  the  Governors  of  America 
that  the  House  of  Coiumons  had  re- 
solved to  charge  certain  stamp  duties 


650 


INDEX. 


in  the  ( 'olonies,  448.  ^Letter  of  thanks 
to,  from  Gov.  Frankhn,  4.53. — Com- 
plaint made  to  by  Ciaptain  Kennedy, 
concerning  partition  of  lands  in  Ber- 
gen County.  459. —  Letter  to  from 
Gov.  Franklin,  relative  to  C'aptain 
Kennedy's  complaint,  4(51 . — Referred 
to,  471. — Letter  to  from  Gov.  Frank- 
lin, inclosing  a  list  of  the  instru- 
ments, etc.,  made  use  of  in  New  Jer- 
sey, 479.  —Letter  to  from  Gov.  Frank- 
lin, relative  to  the  appointment  of 
Frederick  Smyth  as  Chief -Justice. 
486. — Letter  to  from  Gov.  Franklin, 
respecting  the  islands  in  the  Dela- 
ware. 488. 

Hall:  David,  697. 

Hall:  Reuben,  Ensign  in  the  N.  J.  Regi- 
ment, 185. 

Hamilton :  John,  7.  342. 

Hammel:  Bryan,  180,181. 

Hardy:  Josiah,  appointed  Governor  of 
New  Jersey,  359. — Commission  as 
Governor  approved  by  the  King  in 
Council,  262. — Commission  of,  370.— 
Drafts  of  General  Instructions,  and 
those  relating  to  Trade,  273,  374.— 
Commission  to  be  Vice-Admiral,  280. 
—Named  as  one  of  the  Commissioners 
for  trying  Pirates,  283— Draft  of  In- 
structions approved  by  the  King  in 
Coimcil,  285.— Letter  to  the  Lords  of 
Trade  announcing  his  airival  in  the 
Province,  316.— Sketch  of,  316.— Let- 
ter from,  to  the  Lords  of  Trade,  an- 
nouncing his  re-appointment  of  Mr. 
Morris  Chief-Justice,  and  Messrs. 
Nevill  and  Saltar,  Second  and  Third 
Judges;  also  referring  to  Bill  for 
laving  a  duty  on  imijorted  Negi'oes, 
345.— Letter  "to  the  Eai-1  of  Egre- 
mont,  relative  to  the  duty  on  im- 
ported Negroes,  347.— The  validity  of 
his  appointment  of  Judges  during 
good  behaviour  referred  to  the  Attor- 
ney-General, M9. — Commission  from, 
to  John  Brainerd,  355. — Removal  of. 
asked  for  by  the  Lords  of  Trade.  361. 
— Letter  from,  to  Secretary  of  State 
on  the  declaration  of  war  against 
Spain,  363. — Letter  from,  to  Secretary 
Pownall,  relative  to  Mr.  Morris,  and 
the  death  of  Andrew  Johnston,  364.— 
Referred  to,  365.— Letter  from,  to  the 
Lords  of  Trade  announcing  the  deatli 
of  Andrew  Johnston  and  recommend- 
ing Stephen  Skinner  as  Treasurer  of 
New  Jersey,  366.— Informed  of  his  re- 
moval from  office,  374.  —Letter  from, 
to  the  Lords  of  Trade,  announcing 
the  appointment  of  Mr.  White  to  be 
Judge  of  Admiralty  in  place  of  Mr. 


Lewis  Morris,  deceased,  377. — Letter 
from,  to  Earl  of  Egremont,  acknowl- 
edging receipt  of  the  notice  of  his 
removal  from  office,  379. — Answer  to 
queries  concerning  the  validity  of  his 
appointments,  380. — Letter  from,  to 
the  Lord.s  of  Trade,  inclosing  Acts 
and  public  papers,  383. — Referred  to, 
;iS6,  459. 

Harford:  Lord,  9,  15. 

Harker:  Samuel.  Captain  in  the  New 
Jersey  Regiment,  184. 

Hasenclever:  Peter,  Petition  to  the  Earl 
of  Shelburne  to  be  allowed  to  pur- 
chase lands  at  St.  Maiu-ice,  583.— 
Sketch  of,  583. 

Hawker:  James,  Letter  from,  to  Gov- 
ernor Franklin,  relative  to  the  Stamps 
for  New  Jersey,  513. — Answer  from 
Governor  Fraiiklin,  514.— Letter  to, 
from  Governor  Franklin,  519. 

Hawke :  Admiral,  210. 

Hazen:  Colonel,  339. 

Hemp:  Bounties  upon,  405. 

Henderson:  Michael,  Ensign  in  the  New 
Jersey  Regiment,  187. 

Hillsborough:  Earl  of,  342. 

Hodgson:  Geneial,  277. 

Holland:  Samuel,  .582,  ,591,  634,  631. 

Hollingshead:  Mr.,  338. 

Hooper:  Robert,  Recommended  by  Gov- 
ernor Bernard  as  a  lit  person  to  be 
appointed  a  Member  of  the  Council, 
137. 

Hooper:  Robert  Lettice,  215,  231,  339. 

Hopkinson :  Thomas,  622. 

Hornblower:  Josiah,  321. 

Horsmanden:  Daniel,  178.— Named  as 
one  of  the  Commissioners  for  trying 
Pirates,  283. 

House  of  Representatives  of  New  Jersey: 
Address  to,  by  Governor  Barnard, 
220.— Address  of,  to  Governor  Ber- 
nard, 222.— Address  of,  to  Governor 
Boone,  287.— Answer  to,  of  Governor 
Boone,  288. 

Houston:  Alexander,  635. 

Howard :  Charles,  621 . 

Hubbell:  Nathaniel,  Jr.,  Lieutenant  in 
the  New  Jersey  Regiment,  185. 

Hudd,  Jr.:  James,  Surrogate,  360. 

Hude:  James,  23.— Member  of  Council, 
274.— Named  as  one  of  the  Commis- 
sioners for  trying  Pirates.  283.— Death 
of,  386  -Referred  to,  394. 

Hughes:  John,  .516,  518. 

Hunt:  Enoch,  Ensign  in  the  New  Jersey 
Regiment,  187. 

Hunt:  Samuel,  Major  of  the  New  Jersey 
Regiment.  184,  186. 

Hutchinson:  Thomas,  390. 


Indians:  Invasion  of,  120.— Message  to 
from  Gov.  Bernard,  135.— Deputation 
of  to  the  Governor,  128. — Gov.  Ber- 
nard's conference  with,  139. — Co-0|ie- 
ration  of,  172.— Town  laid  out  for, 
174,  236. -Interference  with,  321,  ;^26. 


back  country,  391 .— Repelling  the 
same,  398.— Six  Nations  of.  4.33.— Col. 
Croghan's  negotiations  with.  .521. — 
( 'omplaints  concerning  the  murder- 
ing of,  569,  574.— Murder  of  an  Oneida. 
578. 


—  Re-commenced  hostilities   in    the  I  Ingersoll:  Jared,  5S3,  635,  631. 


INDEX. 


651 


Johnson:  Abraham,  251. 

Johnson:  Sir  William,  172.  178.— Named 

as  one  of  the  Commissioners  for  ti'j- 

ing  pirates,  883.-  Referred  to,  .522. 
Jolinson:  \Vm.  Samuel,  Opinion  of  as  to 

the  ownership  o  f  the  common  lands 

set  off  to  the  Island  Sekakus.  154. 
Johnson:   Thomas,  Ensign  in  the  N.  J. 

Regiment.  185. 
Johnston:  Andrew,  Named  as  one  of  the 

Commissioners   for    trying    pirates, 

283.--Referred  to,  3,50.  3;57.-Death  of, 

3S4,  386,  394. 
Johnston:    John,   Colonel  of  the    N.  J. 

Regiment,  181,  180, 187. 
Johnston:  Lewis.  Reconmiended b.y  Gov. 

Bernard  as  a  fit  person  to  be   ap- 


Douited  a  member  of  tlie  Council, 
127. — Letter  to  from  Captain  George 
Otter,  :537. 

Johnstone:  Dr.  John,  185. 

Jones:  Nathaniel,  Recommended  by  the 
Lords  of  Trade  to  be  Chief -Jusl  ice, 
173.— Referred  to,  177,  210,  212,  214, 
216.— Statement  of  his  dispute  with 
Mr.  Jlorris,  235,  230.— Referred,  218.— 
Representation  to  the  King  concern- 
ing, 204.- -Memorial  in  regard  to  his 
difficulties  in  New  Jersey,  342.— Re- 
monstrance of  the  Judges  in  behalf 
of,  344. 

Jones:  Robert.  622. 

Judges'  Commissions,  321,  320,  :540. 

dud.ges:  Salaries  of,  020. 


Kearney:  Philip.  16,  449.— Letter  to  from 
David  Ogden,  relative  to  a  meeting 
of  the  attoruies  in  regard  to  the 
Stamp  Act.  531. 

Kemble:  Mr..  .511. 

Kenned.y:  Archibald,  Complaint  of  con- 
cerning partition  of  lands  in  Bergen 
County,  4.59.— Sketch  of,  460.— Letter 
of  Gov.  Franklin  relative  to  his  com- 
plaint, 461.— State  of  facts  concern- 
ing his  complaint.463.— Letter  of  Wm. 
Bayard  relative  to,  467'. — Letter  from 
Jolui  Berrien  relative  to.  470.  —Depo- 


sition of  Wm.  Bayard  in  the  same 
matter,  472  — Reasons  why  his  claim 
was  not  admitted,  474.— Letter  from 
to  Gov.  Franklin,  relative  to  Stamp 
Act.  512.— Referred  to.  64!. 

Kembold:  Peter,  Member  of  Council,  274. 
— Named  as  one  of  the  Commission- 
ers for  trying  pirates,  283. 

Keyipell :  Commodore,  277. 

Kinsay:  Mr.,  338. 

Kirkbi-ide:  Joseph,  395. 

Kollock:  Shepherd,  627,  628. 

Kuyper:  Justice,  470. 


Ladd:  John.  Recommended  bjMxOveruor 
Bi  rnard  as  a  fit  person  to  be  ap- 
pointed a  member  of  tiie  Council, 
127.— Surro.gaTe,  359.— Recommended 
by  Gov.  h  ranklin  as  a  member  of  the 
Council,  387,  388.— Appointed  member 
of  the  Council,  :^94.—  Sketch  of,  30.".- 
Referred  to,  390,  509. 

Lamb:  Sir  Matthew,  351,  I4;i 

Lawrence:  Elisha,  34'i. 

Lawrance:  Robert,  13. 

Lawyers  of  New  Jersey:  Entered  into  an 
agreement  not  to  act  under  the  Stamp 
Law.  50.5.- Proposed  meeting  of.  .531. 
—Attitude  of,  towards  the  Stamp 
Act,  536.  540.— Determination  of.  to 
resume  practice  regardless  of  tlie 
Stamp  Act,  546.^  Address  to,  by  the 
Sons  of  Liberiy,  547. 

Learning:  Aaron.  120. 

Lee:  William  Philips,  226. 

Legislature  of  New  Jers(>y:  Speecli  of 
Governor  Bernard  before,  159, — Ad- 
dress of  Governor  Bernard  to,  163. 

Leigh:  Egerton,  621. 

Leisler, :  Jacob.  ','37. 

Lennox:  Lord,  15. 

Leonard:  Joseph.  Captain  in  the  New 
Jer.sey  Regiment.  184. 

Leonard:"  Samuel,  Surrogate,  360. 

Leonard:  Thomas.  Resigns  his  seat  in 
the  Coimcil.  127.— Referred  to,  151, 
1.52.— Note  on,  1.52. 

Livin.gston:  Chancellor,  336. 

Longfleld :  Thomas,  Lieuten.anl  in  the 
New  Jersey  Regiment,  187. 


Loudon:  Lord,  !7. 

Luse:  Zephaniah,  Lieutenant  in  the  New 
Jersey  Regiment,  185,  ISti. 

Lords  of  Trade:  Letters  to.  1, 110, 120,  124, 
120,  131,  137,  130,  174,  170,  205,  200.  212, 
218,  224,  234,  2:;!8,  248,  240,  2(i0,  203,  279, 
200,  ;«0,  305,  310,  315,  377.  382,  3K3,  388, 
391,  .308,  400,  42 1,  433,  444,  4.58.  450,  478, 
490,  4!)0,  504,  505,  524.  -  Letters  from, 
112,  152,  183.  18.S,  101.  247,  321,  308,  520, 
526.  -Representation  from,  proposing 
Francis  Bernard  to  be  Governor  of 
New  .Jersey,  approved  of  l)y  His  Ma.i- 
esty,  21.— Report  of.  respecting  a  bill 
for  issuing  t;80,0(i0  in  paper  Bills  of 
Credit.  34.— Representation  from,  to 
tlie  King,  with  ilraft  of  Instrucrlions 
for  Governor  Hernard,  :is.— Report 
ut)on  the  second  remonstrance  of 
Richard  Partridge,  respecting  a  bill 
authorizing  the  issue  of  .€80,0(X)  in 
Bills  of  Credit.  113. -Representation 
from,  to  the  ICing.  relative  to  a  law 
for  issuing  liills  of  Credit,  without  a 
suspending  cl;iuse.  117.^  Report  of 
the  Privy  Council,  with  draft  of  In- 
structions to  (iovernor  Bernard,  1.50. 
Representation  of,  to  the  King,  pro- 
(josiiig  Nathaniel  Jones  to  be  Chief- 
Justice,  173.— Kei)resentation.  pro- 
j)o.sin,ir  Tliomar,  Boone  as  Governor 
of  New  Jersey,  approved  by  His  Maj- 
esty, 180.— Representation  from,  to 
the  King,  with  draft  of  Commission 
for  Thomas  Boone,  190.-  Representa- 
tion from,  to  the  King,  with  draft  of 


652 


INDEX. 


Instructions  for  Thomas  Boone,  193. 
Representation  of,  to  the  King,  re- 
specting the  dispute  between  R.  H. 
Morris  and  Nathaniel  Jones,  for  the 
ofllce  of  Chief-Justice,  330.-  Repre- 
sentation from,  to  the  King,  inclosing 
a  draft  of  a  proclamation  for  pro- 
claiming him  in  the  American  Colo- 
nies, 241. — Circular  letter  from,  to  the 
Governors  of  America,  anjiouncing 
that  warrants  for  using  the  old  seals 
were  in  preparation,  243. — Represen- 
tations from,  to  the  King,  with  draft 
of  instructions  to  the  Governors  in 
America,  relating  to  the  alterations 
in  the  prayers  for  the  Royal  Family. 
244.— Directed  by  oi'der  of  Council  to 
prepare  warrants  for  continuing 
Christopher  Coates  and  Joseph  War- 
rell  in  their  ofiSces  of  Secretary  and 
Attorney-General  of  New  Jersey,  257. 
—Proposition  of,  that  Josiah  Hardy 
be  appointed  Govenior  of  New  Jer- 
sey, approved  by  the  King  in  Coun- 
cil, 259. — Representation  to  His  Maj- 
esty, relating  to  the  dispute  between 
Mr.  Jones  and  Mr.  Morris,  for  the 
office  of  Chief-Justice.  264.— Repre- 
sentations of,  to  His  Majesty,  with 
drafts  of  general  instructions,  and 
those  of  trade,  for  Governor  Hardy, 
272.— Representation  of,  to  the  King, 
naming  persons  thought  proper  to 
be  placed  on  the  Commission  for 
trying  Pirates,  282. — Representation 
from,  to  the  King,  mth  draft  of  in- 
structions, relative  to  the  prayers  for 
the  Ro3'al  Family,  302.— Communica- 
tion from,  relative  to  interference 
with  the  Indians,  and  the  tenm'e  of 
Commissions  to  Judges  and   other 


officers,  321. --Representation  of,  rec- 
ommending the  disapproval  of  two 
acts  passed  by  the  Assembly,  331.— 
Representation  to  His  Majesty,  ask- 
ing for  the  removal  of  Governor 
Hardy,  301. — Representation  from,  to 
the  King,  relative  to  alteration  in  the 
prayers  for  the  Royal  Family,  375, 
376.— Representation  from,  to  the 
King,  relative  to  the  boimties  upon 
Hemp;  to  the  paper  currency,  and 
to  the  duties  upon  Beaver  Skins  and 
upon  Whale  Fins,  405. — Report  from, 
to  the  Lords  of  the  Privy  Council, 
with  draft  of  instructions,  relative  to 
fees  taken  in  the  sevei'al  offices  of 
the  American  Plantations,  440. — Rep- 
resentation of,  to  the  King,  propos- 
ing Frederick  Smyth  and  James  Par- 
ker as  members  of  the  Comieil  of 
New  Jersey,  442.— Representation  of, 
to  the  King,  proposing  the  repeal  of 
an  act  for  rendering  void  the  lottery 
made  by  Peter  Gordon,  443.— Report 
from,  to  the  House  of  (Commons, 
giving  a  statement  of  the  Annual 
Expence  of  the  several  establish- 
ments of  the  Colonies,  533. — Circular 
letter  of,  to  the  Governors  in  America, 
requiring  an  account  of  the  several 
manufactures,  in  their  respective 
Governments,  563. — Report  fi'om,  to 
the  Earl  of  Shelbm-ne,  of  the  salaries 
of  Governors,  Judges  and  other  prin- 
cipal officers,  619. —  Representation 
from,  approving  alterations  in  list  of 
Commissioners  for  settling  the  boun- 
dary line,  023. — Report  to,  from  the 
Attorney  and  Solicitor-General,  rela- 
tive to  the  act  for  preserving  ships 
forced  on  shore  or  stranded,  628. 


M. 


Blajor:  Mr.,  Engraver  of  Seals,  Direc- 
tions to,  for  engraving  new  ones  for 
the  Colonies,  247. 

Manufactures:  Suppressing  those  preju- 
dicial to  Commerce,  273.— Disadvan- 
tages to,  in  England.  420.— Circular 
Letter  requiring  an  account  of  the 
several  manufactures  carried  on  in 
the  Colonies,  563.—  Hasenclever  & 
Company,  manufacturers  of  pig  and 
bar  iron,  583. 

Mari'iage  Licenses,  504. 

Martin:  Josiah,  named  as  one  of  the 
Commissioners  for  trying  Pirates,  383. 

Maxwell:  William,  Ensign  in  the  New 
Jerse.y  Regiment,  185^  186,  187. 

McDonald:  William,  Captain  in  the  New 
Jersey  Regiment,  185,  186. 

McEvers:  John.  179. 

McKean:  Rev.  Robert,  338,  :340. 

Military  Affairs :  Warrant  for  settling  the 
rank  of  Provincial  Officers  in  North 
America.  19. — Estimate  for  raising, 
paying  and  clothing  a  Regiment  of 
1,000  men,  143.— Preparations  for  the 
invasion  of  Canada  urged,  149. — Rais- 
ing a  Regiment  of  1,000  men,  167,  108. 
— New  Jersey  Regiment  ai-rived  at 
Albany,  174.— Officers  of  the  New 
Jersey  Regiment  in  the  French  War, 
184.— Letter  from  Governor  Bernard 


on  the  Bill  for  raising  Troops,  224.— 
Warrant  to  David  Price  to  impress 
vessels  to  transport  troops  to  New 
Jersey,  246.— Raising  an  additional 
number  of  troops,  260,  261. — Continu- 
ing a  part  of  the  New  Jersey  Regi- 
ment, 299.— Letter  from  the  Earl  of 
Egremont,  concerning.  330. — Troops 
at  Elizabethtown,  365. — Acts  relating 
to,  389,  400.— Raising  levies,  428,  431, 
4:32.— Land  and  naval  fo)-ces  to  be 
called  out  to  suppress  disturbances 
caused  by  the  Stamp  Act,  501.— In- 
equalities of  the  expense  of  quarter- 
ing troops  in  the  Colonies,  642. 

Miller:  Ephraim,  Lieutenant  in  the  New 
Jersey  Regiment,  185. 

Mills:  William,  4. 

Mines  in  New  Jersey:  Association  to 
work,  318. 

Minnevarre:  Laird  of,  337,  338. 

Mokawk  River:  Patents  for  lands  upon, 
308. 

Monk:  James,  621. 

Monckton:  Robert,  named  as  one  of  the 
Commissioners  for  trying  Pirates, 
283.— Referred  to,  390,  400. 

Montague:  Lord  Charles,  021. 

Moore:  Sir  Henry,  Governor  of  New 
York,  511.— Pi-oclamation  of,  relative 
to  the  robbery  of  the  East  Jersey 


INDEX. 


fi58 


Treasury,  r)04.-  ttourt  of  Admiralty, 
621.     Referred  to,  tUG. 

Morris:  Ciiarles,  58a,  591,  621,  624,  631. 

Morris:  Lewis,  216,  2:^1,  SS9,  :W2.  —  De- 
ceased, 3? T.— Sketch  ol,  378. 

Morris:  Richard,  o21,  021. 

Morris:  Robert  Hunter,  7.— Pretensions 
of,  totlie  office  of  C'liief-Justice,  17(1, 
191.— Patent  appointing  hini  Chief - 
Justice,  207.— Claim  to  the  office  of 
Chief -Justice.  20!).-  Proceedings  of 
the  Supreme  Court  in  relation  to 
his  claim,  212.— Minutes  of  the  Su- 
preme Court  in  relation  to,  214.— 
— Letter  from,  to  Governor  Boone, 
stating  his  dispute  with  Mr.  Jones, 


2.3.->,  2:38.- Referred  to,  248.  -Repre- 
sentation to  the  King,  concerning, 
2W.— Member  of  Comicii,  274.— One 
of  the  Commissioners  for  trying 
Pirates,  283.— Referred  to,  :«4,  ;J42 
343.— Re-appointed  Chief-Justice  by 
Governor  Hardy,  345.-  Referred  to, 
361,  862. — Recommended  by  (Tovernor 
Hardy  for  Chief-Justice,  3f)4.— Re- 
ferred to,  371. — Death  of,  announced, 
426.  —  Circumstances  attending  his 
death.  427.— Referred  to,  430,  442,  445. 

Blin-der  withm  the  limits  of  the  Admiral's 
jurisdiction:  Bill  for  trial  of,  352. 

Murray:  James,  622. 


N. 


Negroes:    Duty  on  the  importation  of, 

345,  347,  383.  444,  4.58. 
New  Castle:  Duke  of.  15. 
Newcomb:  Silas,  185,  186. 
Nevill:  Samuel,  21.  217,  34.5,  427. 


Nicholl:  Colonel  Richard,  229,  621. 
Northumberland:  Earl  of,  C21. 
Norton:  Fletcher,  Solicitor-General,  .397. 
Nugent:  Sir  George,  4.50. 


O. 


Ogden :  Amos,  186. 

Ogden:  David,  217,  237,  274.— Named  as 
one  of  the  Commissioners  for  trying 
Pirates,  283. ^Precedence  in  the  Coun- 
cil over  Mr.  Ashfield,  428.— Precedence 
granted  to  him,  444  —Note  on,  451.— 
Referred  to,  509.— Letter  from,  to 
Philip  Kearney,  relative  to  a  meeting 
of  the  Attornies  in  regard  to  tlie 
Stamp  Act,  531. 

Ogden:  Lewis,  Surrogate,  .300. 

Ogden:  Robert,  Sm-rogate,  360.-Letter 
from,  to  Cortlandt  Skinner,  advising 


that  the  Colonies  unite  to  keep  off 
the  threatened  blow  of  imposing 
taxes,  duties,  etc.,  449. — Note  on,  451. 
—Letter  to  the  Speaker  of  the  JMassa- 
ehusetts  Assembly.  496.— Referred  to, 
518.— Note,  .525. 

Ogden:  Uzal,  Surrogate,  3C0. 

Oliver:  Andrew,  :i'M.—  One  of  the  Com- 
missioners to  settle  the  Bomidary 
i.ine.  447,  582.  591,  024,  G31. 

Otter:  George,  Letter  from,  to  Lewis 
Johnston,  relative  to  an  Island  be- 
tween Burlington  and  Bristol,  3:37. 


P. 


Paper  Currency,  11.  34,  107,  113,  131,  137, 
143,  147,  156,  170,  396,  405,  459. 

Paris:  Ferdinand  John,  342,  445. 

Parker:  James,  Recommended  to  be  a 
Member  of  the  Coimcil  by  Governor 
Hardy.  366.- Recommended  for  llie 
same  office  by  Governor  Franklin. 
427. — Proposed  to  the  KJng  by  the 
Board  of  Trade,  1.12.— Referred  to,  444. 
—Sketch  of,  446.— Letter  from,  to 
Governor  Franklin,  acknowledging 
the  receipt  of  the  King's  Mandamus 
to  be  one  of  the  Council,  483.— Letter 
to,  from  Colonel  William  Skinner  in 
regard  to  the  Stamp  Act,  .548. — Letter 
to,  from  John  Stevens,  giving  names 
of  Commissioners  lor  settling  Boun- 
dary Line,  581.— Note,  626. 

Parker:  Colonel  John,  Return  of  Stores 
at  Schenectady,  10.-  Note  on,  10.— 
Letter  from,  to  Lewis  Johnson,  on 
the  cooperation  of  the  Indians,  172. 
—Referred  to.  184. 

Partridge:  Richard,  9.  -Petition  of,  11, 
12.— Referred  to,  17.— Memorial  re- 
specting a  Bill  for  emitting  £89,000 
in  Bills  of  Credit,  107.  Rcpoit  of 
Lords  of  Trade  on  his  remonstrance 
respecting  Bill  for  authorizing  an 
issue  of  £89,000  in  Bills  of  Credit,  113. 
—Referred  to,  415. 


Partridge:  William,  44.5. 

Paxton:  (!harles,  622. 

Penn:  William,  Referred  to,  395. 

Percival:  Hon.,  Spr.,  621. 

Peters:  Wilham,  622. 

Pew:  William,  Jr.,  Lieutenant  in  the  New 
Jersey  Regiment,  185,  187. 

Pinhorn:  Mr.,  4.52. 

Pitt:  William,  9,  17,  112.— Letter  from,  to 
Governor  Bernard,  urging  prepara- 
tion for  the  invasion  of  Canada,  149. 
—  Referred  to,  161.— Leltor  to,  from 
Govtn-nor  Bernard,  166.--Ref erred  to, 
170,  211.— Letter  to,  from  Governor 
Bernani,  inclosing  his  address  to  the 
Legislature.  219.— Referred  to,  221, 
223.— Order  from,  relative  to  the  Seal 
of  New  Jersey,  S39.— Letter  to.  from 
Governor  Boone  in  regard  to  illegal 
trade  in  New  Jersey.  240.— Letter  to, 
fi'om  Governor  Boone,  relative  to 
raising  troops,  261.- Referred  to,  263, 
278. 

Ponnereau:  Mrs.,  307. 

Pownall :  John,  2.-  Letter  from,  to  James 
West,  Secretary  of  the  Lords  of 
Treasury,  :i0(i.— Letter  from,  to  Sir 
Matthew  Lamb,  desiring  him  to  draft 
a  Bill  for  punisluuent  cf  nuu'der,  3.51. 
—Letter  inclosing  rejjresentation  of 
the  Lords  of  Trade,  asking  for  the 


654 


INDEX. 


removal  of  Governor  Hardy,  3G0.— 
Letter  to  Attorney-Ueneral  York, 
relative  to  the  holding  of  lands  in 
America  by  aliens,  3Sd.— Letter  from, 
to  Sir  Fletcher  Norton,  Solicitor- 
General,  relative  to  aUens  acquir- 
ing lands  in  America,  o97. — Letter 
to  Governor  Franklin,  inclosing  order 
to  repeal  the  act  rendering  void  the 
Lottery  made  by  Peter  Gordon,  487.— 
Referred  to,  529,  530  —Letter  to,  from 
Governor  Franklin,  transmitting 
votes  and  laws,  567. — Letter  from,  to 
Henry  Wilmot— Boimdary  Question, 
622. 
Pownall:  Thomas,  Letter  from,  to  the 
Lords  of  Trade  1. — Letter  from,  to 
John  Reading,  on  leaving  the  Govern- 
ment in  his  hands,  2. — Note  on,  2. — 
Address  of  Council  to,  4.— Answer  to. 


0.— Address  of  the  Corporation  of 
Perth  Am  boy  to,  tj. — Letter  from,  to 
President  ReacUng,  ill. — Referred  to, 
226. 

Post  Offices,  249,  265. 

Potts:  Henry,  Secretary  to  the  Post- 
master General,  inclosing  letters  of 
Benjamin  Franklin,  relating  to  Post 
Route.s  in  New  .Jersey,  265. 

Pratt:  Benjamin,  Named  as  one  of  the 
Commissioners  for  trying  pirates,  28;i 

Prayers  for  the  Royal  Family,  Instruc- 
tions concerning,  302.  375. 

Price:  David,  Authoiized  to  impress  ves- 
sels to  transport  troops  to  New  Jer- 
sey, 3-46. 

Price:  Joseph,  License  as  Brancii  pilot, 
17. 

Provincial  Officers:  Warrant  settling  the 
rank  of,  19. 


R. 


RandaU:  Mr.,  251. 

Randolph:  Edmund,  326. 

Randolph:  John,  622. 

Randolph:  Paytou,  One  of  the  Commis- 
sioners selected  to  settle  the  boun- 
dary line,  390,  447,  582,  591.  625,  531. 

Randolph:  Peter,  One  of  the  Commis- 
sioners selected  to  settle  the  boun- 
dary line,  390,  447,  .582,  591,  624,  631. 

Read:  Charles,  Recommended  to  the 
Lords  of  Trade  as  a  fit  person  to  be 
appointed  member  of  the  Comicil, 
127.— One  of  a  committee  to  wait  on 
the  Governor,  139.  —  Ajapointed  a 
member  of  the  Council,  151, 153.— Re- 
ferred to,  217,  237.— Member  of  Coun- 
cil, 274. — Named  as  one  of  the  Com- 
missioners for  trying  pirates,  283. — 
Referred  to.  342,  356,  357.— Appointed 
Surrogate.  359.— Referred  to,  -387.— 
Commission  of  as  Chief-Justice,  424. 
— Notification  thereof  to  the  Lords  of 
Trade.  426.— Referred  to,  427,  509. 

Reading:  Elizabeth,  3. 

Reading:  John,  Senior,  Note  on,  3. 

Reading:  John,  President  of  the  Coimcil. 


Letter  to,  from  Lieut.-Gov.  Pownall, 
2. — Note  on,  5. — Referred  to,  7. — Let- 
ter from  to  Wm.  Denny,  I10.--Letter 
to,  from  Gov.  Pownall,  111. — Resigns 
his  seat  in  the  ( 'oimcil,  127.— Referred 
to,  151,  1.52,  153,  184.; 

Receivers  General:  Crown  Rules  and  In- 
structions for,  289, 

Richmond :  Duke  of.  Circular  letter  from 
transmitting  act  of  Parliament  to  in- 
demnify those  who  had  incurred  jjen- 
alties  imposed  upon  them  by  the 
Stamp  Act,  553.— Letter  of  acknowl- 
edgment to  from  Gov.  Franklin,  568. 

Rilev:  John,  Captain  m  the  New  Jersey 
Regiment.  184,  186. 

Royal  Mines  in  New  Jersey:  Articles  of 
Association  to  work,  318. 

Rufane:  General,  277. 

Ruggles:  Mr.,  451. 

Russell:  Chambers,  One  of  the  Commis- 
sioners selected  to  settle  the  boundary 
line,  582,  591,  622,  624,  631. 

Ryerson:  Mary.  5. 

Ryerson :  Josej  h,  5. 


S. 


Sackett:  Joseph,  Jr.,  Letter  from  to 
Cortlandt  Skinner,  relative  to  the 
title  to  common  lands  on  the  Island 
of  Sekakus,  451. 

Salaries  granted  to  officers  of  govern- 
ment, 579. 

Salmon:  John.  Captain  in  the  New  Jer- 
sey Regiment,  184,  185. 

Saltar:  Richard,  Member  of  Council,  27 J. 
—Commission  as  Third  Justice  of  the 
Supreme  Court,  340,  343,  3-15. —  Re- 
ferred to,  356,  357.— Death  announced, 
.386.— Referred  to,  442. 

Scot:  Charles,  318. 

Scott:  John  Morin,  179. 

Schuyler:  Peter,  9, 11. 14.— Recommended 
by  Gov.  Bernard  as  a  fit  person  to  be 
appointed  a  member  of  the  (.'ouncil, 
127.— Referred  to,  184,  185,  186. 

Seal  of  New  Jersey,  239,  343,  247,  040. 

Seals  for  the  .several  Colonies,  618. 

Sekakus  [Secaucus],  451. — Note  on,  453. 


Severns:  Theophilus,  Surrogate,  359. 

Seymour:  Robert,  578. 

Shaw  :  Thomas,  Lieutenant-Colonel  of 
the  New  Jersey  Regiment,  184,  185. 

Shelburne:  Earl  of.  Circular  letter  from, 
in  relation  to  complaints  concerning 
the  murdering  of  Indians,  569.— Let- 
ter from,  to  Governor  Franklin,  con- 
veying the  King's  approval  of  the 
conduct  of  the  people  of  New  Jersey 
during  the  late  disturbances,  570. — 
C;ircular  letter  to  the  Governors  in 
America,  requesting  an  estimate  of 
the  annual  charge  ot'  maintaining  the 
estabhshment  of  their  respective 
provinces,  573.— Letter  to,  from  Gov- 
ernor Franklin,  concerning  the  mur- 
ders and  violences  committed  on  the 
Indians,  574.— Letter  to,  from  Gover- 
nor Franklin,  relative  to  the  mui'tler 
of  an  Oneitla  Indian,  578.— Petition  to, 
from  Peter  Hasenclever.  583.— Letter 


INDKX. 


to,  from  Governor  Franklin,  i-elative 
to  the  annual  charges  iu  the  Prov- 
ince of  New  Jersey,  .586.— Letter  to, 
from  Governor  FrankUn,  transmit- 
ting a  list  of  the  fees  taken  in  the 
different  oiifices  of  New  Jer.sey,  r>'.)2. — 
Directed  to  transmit  seals  to  the  sev- 
eral Colonies,  618.— Letter  from,  to 
Governor  Franklin,  conveying  the 
King's  displeasure  with  the  Assem- 
bly of  New  Jersey,  fj.j6.  — Letter  of 
acknowledgment  to,  from  Governor 
Franklin,  640.— Letter  to,  from  the 
same,  relative  to  quartering  trooi)s  in 
the  Colonies.  64;;. 

Sherwood:  John,  145. 

Ships  forced  on  shore  or  stranded,  Report 
on  the  act  concernmg.  629. 

Shute:  William,  Ensign  in  the  New  Jer- 
sey Regiment,  187. 

Skinner:  Cortlandt,  317. — Letter  to.  from 
Robert  Ogden,  relative  to  taxes  and 
duties.  441).— Sketch  of,  44!).— Letter 
to,  from  Joseph  Sackett,  relative  to 
the  Island  of  Sekakus,  l.^l.  —  Letter 
to.  from  Henry  Wilmot.  573.— Refer- 
red to,  641. 

Skinner:  John.  16. 

Skinner:  Rev.  William,  Letters  to,  from 
his  son,  William  Skinner,  8,  14  -  Re- 
ferred to,  449,  641. 

Skinner:  William,  Letters  from,  to  liis 
father,  8,  14. — Letter  from,  to  Cort- 
landt Skinner,  giving  an  accovmt  of 
ihe  assault  and  landing  upon  the 
Island  of  Belle  Isle,  on  the  coast  of 
France,  277.— Letter  from,  to  James 
Parker,  announcing  the  action  of  Par- 
liament in  regard  to  the  Stamp  Act, 
.548.- Referred  to.  641. 

Skinner:  Stephen,  recommended  as  suc- 
cessor to  Andrew  Jolinston,  as  Treas- 
urer of  East  .Jersey,  366,  .576. 

Smith:  John,  rei;ommended  by  Gover- 
nor Bei'nard  as  a  fit  person  to  be  ap- 
pointed a  memlier  of  Covmcd,  127. — 
App(jinted  a  member  of  Council,  151, 
153. — Referred  to,  271.— Named  as  one 
of  the  Commissioners  for  trying  pi- 
rates, 288.— Referred  to,  387. 

Smith:  Richard,  356,  394. 

Smith:  Samuel,  387,  :d88.— Appointed  a 
member  of  Council,  .394.— Sketch  of, 
.394.— Referred  to,  396,  625. 

Smitli:  William,  151. — Named  as  one  of 
the  Commissioners  for  trying  i)irates, 
283. -Referred  to,  325,  427. 

Smoke :  Petrus,  Sheriff  of  Sussex  County, 
179,  180. 


Smyth:  Andrew,  SmTogaLe.  ."(JO. 

Smyth  :  Frederick,  Proposed  by  the 
Board  of  Trade  to  the  King,  as  a 
member  of  the  Coiuieil  of  New  Jer- 
sey, 442. — Recommended  to  the  King 
to  be  made  Chief- Justice  of  New  Jer- 
sey, 444. — Couimissidn  of  as  Chief- 
Justice,  475.- Sketch  of,  475,  486.— 
Referred  to,  509. 

Smyth:  John,  Surrogate,  300.— Recom- 
mended to  be  a  member  of  Council, 
360.— Referred  to,  509. 

Sobisco:  John  fZabriskie  probably].  Sur- 
rogate, 300. 

Solomons  jSalmonJ:  Lieutenant,  185. 

Sons  of  Liberty:  Address  to  the  Gentle- 
men of  the  Law  of  New  Jersey,  .547. 

Spam:  Declaration  of  war  against,  303. 

Spicer:  Jacob,  129,  356,  357. 

Springer:  Benjamin,  356. 

Spry:  Dr.  William,  621. 

Stakes :  Doctor,  9. 

Stamp  Act:  .325,  3:16.— Re.solution  of  the 
House  of  Commons,  concerning,  448. 
—  Letters  from  Governor  Franklin 
and  others,  relative  to,  492,  494,  495, 
497,  499,  500,  501,  ,505,  509,  511,  .512,  513, 
514,  ,517,  519,  .521,  .524,  526,  527,  .531,  536, 
540,  546,  &48,  .549,  5,50,  .553,  554,  555,  556, 
557.  558,  562. 

Steanidall:  John,  318,  .321. 

Stephani:  .Johan  Sebastian,  318. 

Stevens:  John,  Recommended  by  Gov. 
Bernard  as  a  ht  person  to  be  ap- 
pointed a  member  of  the  Council, 
127. — Appointed,  335. — Sketch  of,  335. 
—Referred  to,  3.57,  511 — Letter  from 
to  James  Parker,  giving  the  names  of 
the  Commissioners  for  settling  the 
bcundarv  line.  581. 

Stewart;  Charles,  .582,  591,  024,  631. 

Stirling:  Lord-  See  William  Alexander. 

Stockton:  Richard,  Recommended  to  be 
a  member  of  the  Council,  426. 

Stout:  Jonathan,  Ensign  in  the  New  .Jer- 
se.v  Regiment,  187. 

Stout:  Lucy.  343. 

Stu.^Tre.sant :  Governor,  450. 

Supreme  Court  of  New  Jersey:  Minutes 
of  on  the  claim  of  Mr.  Morris  to  the 
office  of  Chief -justice,  214.  (See  also 
Courts.) 

Smrogates:  Commissions  for,  3.59. 

Swartwout:  Philip,  178  to  181.— Petition 
of  to  Cadwalladcr  Colden,  in  relation 
to  the  disputed  bounds  between  New 
York  and  New  Jerse.y,  2,50.  2.53. 


T. 


Temple:  John.  .583,  .591,  624,  931. 
Tenbrook:    John,   Captain    in    the  New 

Jersev  Regiment,  184. 186. 
Terwilliger:  Mattliew,  180,  181. 
Toshack:  David,  337. 
Traile:  George,  318. 


Trenchard:  George.  Suri'ogate,  3,59. 

Triiir.bull:  Mary.  22(i. 

Tryoii:  William,  622. 

Tudcyscung,  King  of  the  Wyoiiiina-  In 

d'ians,  121,  12.5. 
Turnout:  John,  179. 


Vanaken:  A>)raham.  l.«0.  181. 
Vanaken:  Jacob,  180,  181. 
Van  Cortlandt:  Anne,  Oil. 
Van  Cortlandt:  Elizabeth,  041. 
Van  Cortlandt:  Stephen.  641. 


Vandike:  .James,  Lieutenant  in  the  New 

Jersey  Regiment,  185. 
Vannatta:  (Van  Etten)  Anthony,  2.52. 
Vantuyl:  Walter,  Lieutenant  in  the  New 

Jersey  Regiment,  187. 


656 


INDEX. 


W. 


Walpole:  Robert,  630. 

Walton:  William,  178.— Named  as  one  of 

Commissioners  for  tr jang  Hrates,  2S3. 
Warrell:  Joseph,  ^57. 
Warren:  Sir  Peter,  641 . 
Warren:  Susan,  641. 
Washington:  General,  339. 
Watson;  John,  17. 
Watrs:  John,  178.— Named  as  one  of  the 

Commissioners  for  trying  Pirates,  28:3. 

—Referred  to,  460. 
Wentworth:  Benning,  Governor  of  New 

Hampshire,  529,  628. 
Wentworth:  John,  622. 
Wentworth:  Mark,  390. 
West:  James,  Secretary  of  the  Lords  of 

the  Treasury,  306. 
Westbrook:  Abraham,  180,  181. 
Westbrook:  Anthony,  178. 
Westfall:  Cornehns,"l79,  180,  254. 
Westfall:  Jacob.  180,  181,  251,  254. 
Westfall:  Jurion,  180,  181. 
Westfall:  Nathaniel,  251. 
Westfall:  Simon.  180,  181,  251. 
Westfall:  Uryon,  117. 
Wetherell:  Mr.,  129. 


White:  Anthony,  Surrogate,  360.— Ap 
pointed  Judge  of  the  Admiralty,  377. 
—Sketch  of,  379. 

White:  Anthony  Walton,  379. 

Whale  Fins:  Duties  upon,  405. 

Willes:  E.,  G29. 

Wilmot:  Henry,  List  of  New  Jersey  Com- 
missioners named  by,  for  running 
the  Boundary  Line  between  that 
Province  and  New  York,  447.— Letter 
from,  to  Cortlandt  Skinner,  relative 
to  his  appointment  as  Agent  for  New 
Jersey.  571.— Petition  of,  to  alter  the 
list  of  Commissioners  for  running  the 
Boundary  Line,  589.— Letter  from,  to 
Secretaiy  Pownall,  622. 

Winds:  William,  Captain  in  the  New 
Jersey  Regiment,  184,  185. 

Winepress:  Captain,  365. 

Woodruffe:  Samuel,  Member  of  Council, 
274.— Named  as  one  of  the  Commis- 
sioners for  trying  Pirates,  283. — Re- 
ferred to,  511. 

Woolman:  John,  346. 

Wooster:  General,  339. 

Wright:  James,  622. 


Yorke:  Charles,  Attorney-General;  An- 
swer of.  to  queries  as  to  the  validity 
of  Governor  Hardy's  appointments. 
380.— Letter  to,  from  John  Pownall, 


relative  to  the  holding  of  lands  in 
America  by  aliens,  382. 
Young:  Henry.  Surrogate.  359. 


Z. 

Zabriskie:  See  Sobrisco. 


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