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

ARCH I VES 



OP THE 



STATE OF NEW JERSEY. 



FIRST SERIES. 
Vol. XVIII. 



This volume was prepared and edited by authority of the 
State of New Jersey, at the request of the New Jersey His- 
torical Society, and under the direction of the following Com- 
mittee of the Society : 

WILLIAM NELSON, 
GARRET D. W. VROOM, 
FREDERICK W. EICORD, 
WILLIAM S. STRYKER, 

EDMUND D. HALSEY. 



DOCUMENTS 



RELATING TO THE 



COLONIAL HISTORY 



STATE OF NEW JERSEY 



EDITED BY 

FREDERICK W. RICORD. 



VOLUME XVIII. 




JOURNAL or THE GOVERNOR AND COUNCIL. 
VOL. VI. 17691775. 



TRENTON, N. J. : 
THE JOHN L. MURPHY PUBLISHING Co., PRINTERS. 



F 

131 



v.18 



At a Council Held at Burlington on 
Tuesday the 21 st of February 1769 

Present 
His Excellency the Governor 

f Charles Read ^ 

The Hofible< John Smith VEsq" 
I Sam 1 Smith J 

His Excellency laid before the Board a Draught of a 
Charter for Incorporating "The Trustees of the Free 
Schools of the Town of Woodbridge " which had been pre- 
sented to him for his Approbation : 

Which was referred for farther Consideration 

His Excellency also laid before the Board a Letter from 
Charles Clarke Esq r of Trenton requesting Leave to decline 
Qualifying again as one of the Justices of the Peace for the 
County of Hunterdon on Ace* of his Age, representing in the 
said Letter, that he had Served His Majesty in that Capacity 
for forty Six Years past. 

Whereupon His Excellency with the Advice of the Coun- 
cil was pleased to Excuse him His Excellency at the same 
Time was pleased to nominate Benjamin Clarke of Trenton 
to be inserted in the Commission of the Peace for the County 
of Hunterdon in the Room of the said Charles Clark Esq r 
to which the Council Assented. 

His Excellency with the Advice of the Council was 
pleased to Issue the following Warrants, directed to the 
Treasurers of New Jersey or either of them to pay. 

N 348. To Himself or Order for one Quar- s. d. 

ters Salary 300,, 0,, 

1 



2 NEW JERSEY COLONIAL DOCUMENTS. [1769 

349 To Himself or Order for one Quar- 

ters House Rent.. 15,, 0,, 

350 To The Honble Fred k Smyth Esq r 

Ch. Justice, one Q" Salary 37 10 

351 To The Honble Cha 8 Read Esq r 2 d 

Justice One Qua" Salary 12 10 

352 To The Honble Jn Berrien Esq r 3 d 

Justice One Qua" Salary 1 2 10 

353 To Cortland Skinner Esq r Att 7 Gen 1 

One Qua rs Salary 7 10 

354 To Joseph Reed Esq r or Order Clk 

of the Council, One Q" Salary 7 10 

355 To The Honble Sam 1 Smith Esq r one 

of the Trears One Q rs Salary 10 

356 To S. Skinner Esq r One of the Trea- 

surers One Qua" Salary 10,, 0,, 

357 To Jos Warrell Esq r Clerk of the 

Circuits One Qua" Salary 5,, 0,, 

358 To John Carty, Doorkeeper to the 

Council One Qua" Salary 2 10 

At a Council held at Burlington on Friday the 17 th of 

March 1769. 

Present 
His Excellency William Franklin Esq r 

f Charles Read -\ 

The Hofible^ John Smith VEsq" 
I Sam 1 Smith J 

His Excellency laid before the Board a Draught of a 
Charter for incorporating " The Corporation for the Relief 
of the Widows and Children of Clergymen in the Com- 
munion of the Church of England in America " with a Cer- 
tificate thereon endorsed by the Attorney General that he had 
inspected the same and found nothing therein contained 
inconsistent with His Majesty's Honour and Interest. 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 3 

The Council, having made one Alteration in the said 
Draught, advised His Excellency to cause the Seal of this 
Province to be affixed to the said Charter when the same 
should be engrossed agreeable to the said amended Draught. 

His Excellency was pleased to Nominate William Lovett 
Smith to be One of the Justices of the Peace for the County 
of Burlington to which the Council Assented. 

And, with the Advice of the Council, His Excellency was 
pleas'd to sign a Warrant directing the Treasurers or either 
of them to pay 

N 359. unto The Hofible Frederick Smyth 
Esq r or Order Forty pounds proc n 
Money for holding the Courts of 
Oyer & Terminer in the Counties 
of Bergen Essex and Morris ; and 
a Special Court of Oyer & Terminer 
in Bergen since the last Nov r Term.. 40 



At a Council held at Burlington on Thursday the 27 th 
April 1769. 

Present 
His Excellency The Governor 

f Charles Read ^ 

The Honble< John Smyth VEsq" 
I Samuel Smyth J 

His Excellency laid before the Board a Letter from His 
Excellency Sir Henry Moore Bar* Governor of the Province 
of New York, together with an Application to Governor 
Moore from the Managers on the Part of New York 
appointed by an Act of the Legislature of that Province in 
the Controversy before the Commissioners appointed for set- 
tling the Boundary between New Jersey and New York 
requesting the Protection of this Province to Captain Bernard 
Ratzer in making a Survey of the River Delaware in Order 



4 NEW JERSEY COLONIAL DOCUMENTS. [1769 

to enable the said Commissioners to Settle the said Boundary 
Line with the greater Accuracy & Precision. His Excel- 
lency at the Same time informed the Board that he had 
Acquainted M r Parker the President of the Council of Pro- 
prietors of East Jersey with the said Application, Who in- 
formed His Excellency that the Proprietors of East Jersey 
had no Objection to the making the said Survey nor to the 
appointment of the s d Cap* Ratzer for that purpose Where- 
upon The Council advised His Excellency to notify the same 
to the Inhabitants by the following Proclamation. 

By His Excellency WILLIAM FRANKLIN EsQ r Captain 
General, Govern 1 and Commander in Chief in and over his 
Majesty's Province of New Jersey & Territories thereon de- 
pending in America, Chancellor and Vice Admiral in the 
same. 

A Proclamation 

Whereas many Disturbances and Riots have happened 
amongst the Settlers near the Line of Partition between His 
Majesty's Provinces of New Jersey and New York and the 
Peace, good Order and Improvement of that part of the 
Country have been thereby greatly obstructed, His Majesty 
has been graciously pleased to issue his Commission under 
the Great Seal of Great Britain impowering a number of 
Gentlemen of Knowledge and Integrity to fix and adjust a 
Line of Boundary and Partition between those Colonies, 1 
who are in a Short time to proceed on that important Busi- 
ness. And as it has been represented to me as necessary & 
expedient that some accurate Surveys should be made of the 
Courses of the River Delaware, and that Cap fc Bernard 
Ratzer is to be employed for that Purpose, I have thought 
fit by and with the Advice of His Majesty's Council to notify 
the same by Proclamation to the Inhabitants of this Gov- 
ernment, and that those Surveys which shall be made by 
Captain Ratzer are intended for no other Purpose whatsoever 

1 For a statement of the claim of New York against New Jersey in relation to 
boundaries, see N. J. Archives, X., 119. 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 5 

than to enable the said Commissioners to fix and adjust the 
Boundary Line between the said Colonies with the greater 
Accuracy and Precision. 

I do therefore hereby strictly command and enjoin all 
Officers Civil and Military and other the Inhabitants of this 
Colony that they by no Means whatsoever obstruct a Work 
so salutary and of so much Consequence to both Colonies, 
but behave with Kindness and Civility to the said Cap* 
Bernard Ratzer and the Persons employed with him in that 
Service, and give them Aid and Protection if there shall be 
Occasion. Given under my Hand & Seal at Arms at the 
City of Burlington the twenty seventh Day of April in the 
Ninth Year of His Majesty s Reign Anno Dom 1769. 

Signed 

W m FRANKLIN. 

By His Excellency's Command. 

Jos. REED JuN r D. Seer 7 

His Excellency laid before the Board an Application from 
sundry of the Inhabitants of the Township of Maidenhead 
requesting that Edmund Bainbridge jun r and Joseph Philips 
may be put in the Commission of the Peace for the County 
of Hunterdon, which was referred to the consideration of the 
Council at their next meeting. 

His Excellency was pleased to nominate Daniel Ellis Esq r 
as a Judge of the inferiour Court of Common Pleas for the 
County of Burlington, to which the Council Assented. 

At a Council held at Burlington on Saturday May 13 th 
1769. 

Present 
His Excellency The Governor 

David Ogden Esq r John Smith Esq r 
Charles Read Esq r John Ladd Esq r 

Richard Stockton Esq r presented to His Excellency His 
Majesty's Mandamus dated the 12 th of November 1768. 



6 NEW JERSEY COLONIAL DOCUMENTS. [1769 

appointing the Said Richard Stockton Esq r to be one of His 
Majesty's Council for this Province in the Room of The 
Hofible Samuel Woodruffe Esq r dec d Whereupon in Obedience 
to the same His Excellency by & with the Advice of the 
Council, administered the Oaths appointed by Law, and also 
the Oath of a Counsellor, and the said Richard Stockton 1 
Esq r having made and Subscribed the usual Declaration was 
admitted to take his Seat accordingly. 

At a Council held at Burlington on Monday the 15* h May 

1769. 

Present 
His Excellency The Governor 

f David Ogden "| 
I Charles Read 

The Honble <( John Smith j> Esq" 

j Samuel Smith j 
I Frederick Smith } 

The Board resumed the Consideration of the Charter of 
" The Trustees of the Free Schools of the Town of Wood- 
bridge " Which being again Read Paragraph by Paragraph 
and Some Amendments made therein. The Council advised 
His Excellency to Cause the Great Seal to be Affixed thereto. 

At a Council held at Burlington on Monday May the 
22 d 1769. 

Present 
His Excellency The Governor 

c Charles Read ^ 

The Honble^ John Smith VEsq" 
I Sam 1 Smith j 

His Excellency with the Advice of the Council was 
pleased to Sign the following Warrants, directed to the 
Treasurers, to pay. 

Signer of the Declaration of Independence. 



1769] JOURNAL OP GOVERNOR AND COUNCIL. 7 

N 360 To Himself or Order for One Quar- 
ters Salary 300,, 0,, 

361 To the same for one Quarter's House 

Kent 15,, 0,, 

362 To Frederick Smyth Esq r for one 

Quarters Salary 37 10 

363 To Charles Read Esq r The like 12 ,,10,, 

364 To John Berrien Esq r The like 12 10 

365 To Joseph Reed, Clk of the Coun- 

cil, the like 7 ,,10,, 

366 To Cortland Skinner Esq r Atty 

Gen'Thelike 7,,10,, 

367 To Samuel Smith Esq r Treasurer 

The like , 10,, 0,, 

368 To Stephen Skinner Esq r Treasurer 

The like 10,, 0,, 

369 To Joseph Warrell Esq r Clk of the 

Circuits, The like 5,, 0,, 

370 To John Carty, Doorkeeper to the 

Council, the like 2 10 

371 To The Ch. Justice for holding the 

Circuit Courts in the Counties of 
Salem, Cumberland Gloucester & 
Hunterdon 40,, 0,, 

372 To Samuel Smith Esq r for changing 

2776 10 for the Year End- 
ing the 10 th Ins* at 2J p C* And for 
sinking 4501 2 at 1 p C*... 114 8 6J 

At a Council held at Burlington Saturday June 10 th 1769. 

Present 
His Excellency The Governor 

f Charles Read ^ 

The Hofible< John Smith VEsq" 
l Samuel Smith J 



8 NEW JERSEY COLONIAL, DOCUMENTS. [1769 

His Excellency laid before the Board a Letter which he 
had lately received from John Stephens, a Prisoner in the 
Goal of the County of Morris, in which Letter the said 
Stephens mentions that in or about the Month of August 
last he was taken up on Suspicion of having robbed the 
Treasury at Perth Amboy; 1 but that when he came to be 
tried, he was not examined concerning the said Robbery of 
the Treasury, but was convicted of another Crime : And 
that if he had been examined touching some Money he was 
Possessed of, when he was first apprehended he believes 
something might have been found out which His Excellency 
is not aware of " That he is ready to be Examined and to 
" tell where he got those Monies, from whom and in what 
"Manner he received them, and believes that was his 
"Excellency to hear what passed when he received the 
"Monies, he would be apt to find something out" His 
Excellency at the Same Time informed the Board that in 
Consequence of the said Letter he wrote to the Sheriff of 
Morris County who had waited upon him and informed him 
that when the said Stephens was Committed to Prison, he 
was suspected of having been concerned in the Robbery of 
the Treasury, but that a Woman had appeared & prosecuted 
him for robbing her of the Money he was possessed of, of 
which he was convicted by his own Confession, and is still 
confined in Goal for the Fees of the said Prosecution : That 
it is a prevailing Opinion in the County of Morris that he 
is likely to have been concerned in the said Robbery of the 
Treasury, and that the said Prosecutrix is a Person very un- 
likely to have been possessed by honest Means of so much 
Money as She pretended to have been robbed of: And His 
Excellency was pleased to Ask the Advice of the Board as 
to what Measures it would be proper to take on the Occasion 

Whereupon the Board advised His Excellency to cause the 
said Stephens to be brought to this City in Order that he 
may be examined touching the Premises; and M r Justice 
Read being present, issued a Habeas Corpus, ordering the 

1 For an account of the robbery, see N. J. Archives, X., 37. 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 9 

Sheriff of Morris to bring the said John Stephens before 
him at his Chambers in this City on Saturday the 17 th Instant. 



At a Council held at Burlington on Saturday the 17 th of 
June 1769. 

Present 
His Excellency William Franklin Esq r Governor 

The Hofible Cha 8 Read, John Smith & Sam 1 Smith. 

Pursuant to the Habeas Corpus Issued by Order of M r 
Justice Read on the 10 th Ins* the Sheriff of Morris County 
Attended with the Prisoner, John Stephens, who being 
ordered in and examined did not give any Information 
whatever, that could any way tend to discover the Persons 
who robbed the Treasury at Perth Amboy in July last, or 
any of the Circumstances relative to the said Robbery : and 
being fully and particularly interrogated, several Times de- 
clared that he knew Nothing of the said Robbery, and could 
give no farther Information than what was contained in the 
Answers he had already given, Whereupon the said Prisoner 
was remanded. * 

At a Council held at Burlington on Friday the 18 th of 
August 1769. 

Present 
His Excellency William Franklin Esq r Governor 

The Honble John Smith & Samuel Smith Esq rs 

His Excellency communicated to the Gentlemen of the 
Council a Letter he had received from the Agents for man- 
aging the Controversy between this Province and New York 
relative to the Boundary Line, together with an Agreement 
of the Agents on both sides for running a Line from Hudsons 
River to the lower End of Minisink Island in Delaware, and 
an Affidavit of one of the Surveyors that he had been 
obstructed in his Attempt to run the said Line ; in which 



10 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Letter the said Agents request His Excellency to issue a 
Proclamation commanding the Inhabitants of this Province 
to Permit the said Line to be run. His Excellency at the 
same Time shewed the Gentlemen of the Council a Letter 
from M r Stevens and M r Parker two of His Majesty's 
Council for this Province advising him to issue the said 
Proclamation And the Gentlemen of the Council now 
present concurring in the said Advice. 

His Excellency with the Advice aforesaid was pleased to 
issue a Proclamation in the Words following. 

By His Excellency William Franklin Esq r Capt n General 
and Commander in Chief of the Province of New Jersey and 
Territories thereunto belonging in America. Chancellor & 
Vice Admiral in the Same &c. 

A Proclamation 

Whereas many Disturbances & Riots have heretofore hap- 
pened among the Settlers near the Line of Partition between 
his Majesty's Provinces of New Jersey and New York, and 
the Peace Good Order and Improvement of that Part of the 
Country have been thereby greatly obstructed. And whereas 
His Majesty has been graciously pleased to issue his Com- 
mission under the Great Seal of Great Britain impowering a 
Number of Gentlemen of Knowledge and Integrity to fix 
and adjust a Line of Boundary and Partition between the 
said Colonies who have accordingly met and entered on that 
important Business. And Whereas it hath been represented 
to me that it hath been agreed by and between the Agents 
appointed by the Legislature of this Province and those of 
the Province of New York for managing the Controversy 
relative to the boundary Line between the two Provinces 
that, for certain Reasons, a Line should be run from a Place 
on Hudson's River, due West of Yonkers Lower Mill, to the 
lower End of Minisink Island. 

And Whereas it appears to me on Oath that Anthony 
Dennis and James Clinton, the Surveyors appointed to run 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 11 

the said Line were, on Tuesday the 15 th Instant opposed in a 
Riotous Manner in running the said Lines and compelled by 
Threats to desist from the Same, whereby the Execution of 
His Majesty's Said Commission is hindered & delayed and 
the public Peace endangered. 

I do therefore with the Advice and Consent of His 
Majesty's Council, hereby strictly require and enjoin all 
Officers Civil and Military, and other the Inhabitants of this 
Colony, that they by no Means whatever obstruct a Work so 
salutary and of so much Consequence to both Colonies, 
especially to the Inhabitants residing on or near the Lands 
in Controversy, but behave with Kindness and Civility to 
the said Surveyors and the Persons employed with them in 
that Service. And I do likewise Command and direct all 
Officers Civil and Military and other His Majesty's liege 
Subjects in this Province, to aid and assist the Surveyors, 
Chainbearers and others employed in running the said Line, 
and such other Line or Lines as they shall by the said Com- 
missioners or Agents be instructed to run for the Purposes 
aforesaid, and to apprehend and bring to punishm* all and 
every Person and Persons whatsoever who shall presume to 
molest or hinder the said Surveyors or either of them in the Ser- 
vices aforesaid as they will Answer the Contrary at their Peril. 

Given under my Hand and Seal at Arms in the City of 
Burlington the Eighteenth Day of August in the ninth Year 
of His Majesty's Reign Anno Domini 1769. 

By His Excellency's Command 

Jos: REED D: Sec y 

At a Council held at Burlington on Monday the 28 th 
Aug* 1769. 

Present 
His Excellency William Franklin Esq r Governor 

f Charles Read ^ 

The Honble< John Smith VEsq" 
I Samuel Smith J 



12 NEW JERSEY COLONIAL DOCUMENTS. [1769 

His Excellency proposed calling the General Assembly to 
meet in this City, and desired the Advice of the Council as 
to the proper Time of their Meeting. Whereupon the 
Council advised His Excellency to Appoint Tuesday the 
10 th of Oct r next for the Meeting of the Assembly at Bur- 
lington and His Excellency was pleased to Order the Sec- 
retary to Notify the Same to the Members of His Majesty's 
Council and of the House of Representatives. 



At a Council held at Burlington on Tuesday the 17 th 
Oct r 1769. 

Present 
IJis Excellency William Franklin Esq r Governor 



l r Read /M r S: Smith 

His Excellency was pleased to nominate Micajah Willis 
and Amos Pharo to be Justices of the Peace in the County 
of Monmouth to which the Council assented, the said 
Micajah Willis to be of the Quorum. 



At a. Council held at Burlington on Tuesday the 31 st of 
October 1769. 

Present 
His Excellency William Franklin Esq r Governor 

M r Kemble ( M r Ladd 
M r Read j M r Parker 
The Honble -j M r J. Smith \ M r Ch. Justice 

j M r Stevens j M r Stockton 

LM'S. Smith t 

His Excellency laid before the Board a Petition from the 
Judges and Justices of Burlington County setting forth that 
the Time of holding the Court of Common Pleas and Gen- 
eral Quarter Sessions of the Peace in the Said County in the 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 13 

Month of July is inconvenient, and praying that the same 
may be altered to the Second Tuesday in August. The 
Council advised His Excellency to grant the Prayer of the 
said Petition, and to issue an Ordinance for that Purpose. 

His Excellency also laid before the Board a Petition from 
sundry of the Inhabitants of the Township of Piles Grove in 
the County of Salem, which was read, praying, for the 
Reasons therein mentioned that a Division may be made of 
the same and a Patent issue for a part thereof by the Name 
of Pitts Grove, to which the Council assented and advised 
His Excellency to issue the said Patent. 

Also a Petition from Sundry Inhabitants of the Township 
of Hopewell in the County of Hunterdon, of the Baptist Per- 
suasion praying for a Charter of Incorporation by the Name 
of The Baptist Congregation in Hopewell, to which the 
Council assented and advised His Excellency to grant the 
same. 

His Excellency was pleased to nominate Samuel Bard and 
Zachariah Rozell to be Justices of the Peace in the County 
of Burlington to which the Council assented. 

His Excellency also laid before the Board a Letter from 
John Monrow Esq r one of His Majesty's Justices of the Peace 
for the County of Burlington, praying to be discharged from 
the said Office, on Account of his Age. Whereupon the 
Council advised His Excellency to issue a Supersedeas to the 
said John Monrow Esq r 



At a Council held at Burlington on Wednesday Nov r 15 th 
1769. 

Present 
His Excellency William Franklin Esq r Governor 

fM r Kemble "| M r S. Smith 

TK TT ^KI j Mr S den I Mr Parker 
TheHoiibM Lordgtirling ,^ M <Ch. Justice 

[ M r J. Smith j M r Stockton 



14 NEW JERSEY COLONIAL DOCUMENTS. [1769 

His Excellency laid before the Board a Letter from John 
Stevens and James Parker Esq two of the Agents appointed 
on the Part of this Province to Manage the Controversy on 
the Boundary Line between this Colony and the Colony of 
New York, together with a Copy of the Decree of the Com- 
missioners appointed by His Majesty's Letters Patent for 
finally settling and determining the said Boundary Line, 
which were read and are as follows. 

" May it please Your Excellency 

"As Agents appointed by an Act of Legislature of the 
"Province of New Jersey, pass'd in the fourth Year of His 
" present Majesty's Reign, for managing the Controversy on 
" the Boundary Line between this Colony and the Colony of 
" New York, We beg leave to represent to Your Excellency." 

" That in Consequence of said Appointment, Application 
" having been made to His most gracious Majesty for that 
" Purpose, he was pleased to issue his Letters Patent under 
" the Great Seal of Great Britain dated the seventh Day of 
" October in the seventh Year of his Reign, appointing John 
" Temple Esq r and twelve others or any five of them, Com- 
"missioners for ascertaining, Settling adjusting & deter- 
" mining the boundary or partition Line between the two 
"Colonies, from the Station on Hudson's River, to the 
" Station on Delaware River. 

" That agreeable to the Tenor of the said Commission the 
" eighteenth day of July last was fixed for the meeting of the 
" Commissioners therein appointed, who after a long hearing 
" of near Three Months, on the seventh day of October last 
" decreed That A Direct and Straight Line from the Fork of 
"Mahackamack where it forms its junction with the River 
" Delaware being in the Latitude of 41 21' 37" to a cer- 
" tain Rock on the West Side of Hudson's River, being 79 
" Chains and 27 Links to the Southward, on a Meridian from 
" Sneydon's House formerly Corbets, should be the Boundary 
" or Partition Line between the said Colonies of New York 
" and New Jersey." 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 15 

"That altho' this Line takes off from the Province of 
" New Jersey about 150,000 Acres of Land that by the Line 
" settled in the Year 1719 was found, and ever since esteemed 
" to be a part of the Province, and on wch there are many 
" antient Settlements under New Jersey Titles, the Agents of 
" the Province of New York have offered a general appeal 
" from the Decree of the Commissioners to his Majesty and 
" Privy Council, which will be received on the 8 th Day of 
" December next, which Day is appointed by the Commis- 
" sioners for a meeting at Hartford in Connecticut for that 
" Purpose, and in order to take the Steps directed in the 
" Commission for transmitting their Proceedings to His 
" Majesty in Council. 

"As we Conceive this a Matter of great Concern to the 
" general Welfare of the Province, as well as great Numbers 
"of Individuals, who will be particularly affected thereby, 
" We think it our Duty at this time, when the three Branches 
" of the Legislature are met in General Assembly, to lay it 
"before Your Excellency with the several Papers relative 
" thereto, that your Excellency may take such Measures as to 
" you shall seem most fit, to procure us the Advice and other 
" Assistance of the Province in a Matter of such Importance. 
"We are, with great .Respect, Your Excellency's most 
" Obedient and most humble Servants 

"Burlington Nov r 9 th 1769. JOHN STEVENS 

JAMES PARKER 

" His Excellency Governor Franklin 

" The Papers referred to are. 

" State of the Claim of New Jersey, 

" State of the Claim of N w York 

"Argument of New York, Argument of New Jersey, 

" Commissioners Decree which is as follows. 

" At a Meeting of the Commissioners appointed by his 
" most Gracious Majesty's Commission to Settle the Boundary 
"Line between the Colonies of New York and New Jersey, 



16 NEW JERSEY COLONIAL DOCUMENTS. [1769 

" held at the long Room called the Chamber of Commerce in 
"the City of New York on the 7 th Day of October 1769. 
Present CHARLES STEITART Esq r President 
ANDREW ELLIOT Esq r 

SAM 1 HOLLAND Esq 8 CHARLES MORRIS Esq r 
ANDREW OLIVER Esq r JARED INGERSOLL, Esq r 

" The Agents on the Part of both Colonies having offered 
" to the Court, all that they thought necessary or proper in 
" Support of their Respective Claims, and the Court having 
" duly considered the Same do find. 

"That King Charles the Second by his Letters Patent 
" bearing date the twelfth Day of March 1664 did grant and 
f< convey to his Brother the Duke of York all that Tract of 
"Country and Territory now called the Colonies of New 
" York and New Jersey : and that the said Duke of York 
" afterwards by his Deeds of Lease and Release bearing Date 
" the 23 d and 24 th Days of June 1664 did grant and Convey 
" to Lord Berkeley of Stratton and S r George 1 Carteret that 
" part of the aforesaid Tract of Land called New Jersey, the 
" Northern Bounds of which in said Deed are Described to 
" be to the Northward as far as the northermost Branch of 
"the said Bay or River of Delaware which is in 41 40 m of 
" Latitude and crosseth over thence in a Straight Line to 
" Hudson's River in 41 of Latitude. 

< We further find among the many ' Exhibits a certain 
( Dutch Map compiled by Nicholas John Vischer, and pub- 
f lished not long before the aforesaid Grant from the Duke 
'of York, which we have Reason to believe was esteemed 
' the most correct Map of that Country at the Time of the 
( said Grant, on which Map is laid down a Fork or Branch- 
' ing of the River then called Zuidt River or South River 
'now Delaware River in the Latitude of 41 & 40 m which 
1 Branch we cannot doubt was the Branch in the Deed from 
< the Duke of York, called the Northermost Branch of the 
' said River and which in the Deed is said to lie in the Lati- 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 17 

'tude of 41 & 40 m and from a careful Comparison of the 

* Several Parts and Places laid down in the said Map, some 
'of which, more especially towards the Sea Coast, and on 
'Hudson's River, we have Reason to believe were at that 
' Time well known. The Distance from the Said Branch to 
'the Sea Shore on the South and the relative Situation of 
'the Same with regard to other Places, and the Lines of 
' Latitude as they appear to be laid down on the Said Map, 
' at that and other Places in the inland Country. We are of 
' Opinion that the said Branch so laid down on the said Map, 
' is the Fork or Branch formed by the Junction of the Stream 
' or Waters called the Mahackamack with the River called 
' Delaware or Fishkill, and that the same is the Branch in- 
' tended and referred to in the before mentioned Deed from 
'the Duke of York as the northern Station at the River 
' Delaware : which Fork or Branch we find by an Observa- 
' tion taken by the Surveyors appointed by the Court to be 
'in the Latitude of 41 21' & 37 Seconds. 

' We are further of Opinion that the northern Station at 
' Hudsons River, being, by the Words of the said Deed from 
' the Duke of York expressly limited to the Latitude of 41 
' should be fixed in that Latitude ; which Latitude we have 
' caused to be taken in the best manner by the surveys ap- 
' pointed by the Court, and which falls at a Rock on the 
' West Side of Hudson's River, marked by the said Surveyors, 
'being 79 Chains & 27 Links to the Southward, on a 
' Meridian from Sneydon's House formerly Corbets. 

' It is therefore the final Determination of the Court that 
' the Boundary or Partition Line between the said Colonies 
' of New York and New Jersey be a direct and straight Line 
' from the said Fork at the Mouth of the River Mahacka- 
'mack in the Latitude of forty one Degrees twenty one 
' Minutes and thirty seven Seconds to Hudson's River at the 
'said Rock in the Latitude of forty one Degrees as above 

described. Signed 

CHA. STEUART, ANDREW ELLIOT, 
ANDREW OLIVER, JARED INGERSOL. 
2 



18 NEW JERSEY COLONIAL DOCUMENTS. [1769 

1 Samuel Holland and Charles Morris Esq r two of the 
' Members of the Court, not concurring in a part of the fore- 
1 going Determination (Viz*) that Part respecting the Station 
' at Hudsons River, desired to have their Reasons, for su^h 
' their Dissent, entered on the Minutes of our Proceedings, 
' which was allowed and they are as follows. 

" The Northern Boundary of the Province of New Jersey 
" is the Matter submitted to our Consideration, and to ascer- 
" tain the Extremities of the Partition Line upon Hudson's 
" and Delaware Rivers. 

' In doing this we are to proceed upon Principles of Justice 
' and Equity having Respect to the Proofs. This we appre- 
'hend to be the Language and Intent of the Commission, 
' and it is necessary it should be so, because the Country was 
' but little Known at the Time the Grants to the Duke of 
' York were made, and we must of necessity have Recourse 

* to the ancient Maps which were in being at the Time of 
' making those Grants. 

'It is difficult to ascertain with precision what Lands 
' passed to the Duke of York by his Grant, either from the 
' express Words of the Grants or by any Maps of the Country 
' that appear to us to have been then extant ; nor is it prob- 
'able that the Duke or his Grantees were better informed 
' when he conveyed New Jersey to Berkley & Carteret. 

' The best Lights we have in this Matter are the Maps of 
Vischer. 

'The Words relative to the Latitude in the Grant to 

* Berkley and Carteret are words of Description concerning 
' the northermost Branch of Delaware, and we do not find, 
'upon Inquiry, any Branch in the Latitude mentioned a 
' Branch nevertheless seems to be intended. The Branch nigh 
' to that Latitude is that of Mahackamack, and which, from a 
' View of this ancient Map, we are induced to believe was the 
' North Partition Point intended by the Parties, and think in 
'Justice and Equity ought to be so determined, because a 
' Line, from Hudsons River to the Branch at Easton, claimed 
' on the Part of New York, or to that of the Poughpactonk 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 19 

c and Mohawk Branches claimed by New Jersey, would in- 

* volve many of His Majesty's Subjects in absolute Ruin who 
' hold respectively under each Government. 

' It is therefore upon this Principle the Point on Hudson's 
' River we apprehend ought also to be fixed, for as it appears 
' by Vischer's Map, that the Latitude of forty one on Hudsons 
' River, which Map, we apprehend was the Guide and Direc- 
' tion to the Duke in forming his Grants to Berkley & Car- 
' teret, this Map ascertains the Latitude of forty one on the 
' upper Part of the Manhattans Island. 

' If the Country therefore was Vacant we should not hesi- 
' tate in declaring that the Latitude of forty one as laid down 
' in the ancient Maps, would in Equity be the Station on 
' Hudsons River, and more especially because we have had 
' abundant Experience in our own Departments to Observe 

* that the ancient Geographers fixed their Latitude in these 
' Parts of the Continent Several Miles more southerly than 
' are found to be by more modern Observations. 

' In Tenderness therefore to the New Jersey Settlers, we 
' are inclined to a more Northern Station, and in Settling the 
1 Place where, consider that before the contested Territory was 
' planted a Place due West of Frederick Philips' Mills gained 
' the Reputation as the Station Point upon Hudson's River 
' and a Line from this Station, which appears to be anciently 
' fixed by the Governments concerned, will be the least detri- 
' mental to the Settlers, and one more northerly will compre- 
' hend many Farms in a populous Neighbourhood held under 
' New York by ancient Patents, We cannot help being of 
' Opinion that a Line thence to the Mahackamack Branch 
' will be the most just and equitable of any we can fix upon, 
' agreeble to the Design of the Royal Commission, which we 
' imagine will be most conformable to his Majesty's gracious 
' Intentions to his Subjects in both Provinces.' 

Signed 

SAMUEL HOLLAND. 

CHARLES MORRIS. 



20 NEW JERSEY COLONIAL DOCUMENTS. [1769 

On which several Matters His Excellency desired the 
Opinion and Advice of the Council. 



At a Council held at Burlington on Thursday the 16 th 

Nov r 1769. 

Present 

His Excellency William Franklin Esq 1 Governor 

r M r Kemble -\ M r 8. Smith 
j M r Ogden M r Ladd 

3 | Lord Stirling f M* Parker 
I M r J. Smith J M r Stockton 

His Excellency laid before the Board a Bill intituled A 
Supplementary Act to an Act intituled "An Act appointing 
Commissioners for finally Settling and determining the 
Several Rights Titles and Claims to the Common Lands of 
the Township of Bergen and for making Partition thereof 
in just and equitable Proportions among those who shall be 
Adjudged by the said Commissioners to be intituled to the 
same," and desired the opinion of the Council, whether con- 
sistent with his Majesty's Royal Instructions relative to 
private Acts, he can pass the said Supplementary Act with- 
out a suspending Clause. 

The Council having taken the same into Consideration, 
are of opinion That, as all the Petitioners against this 
Supplementary Act, and all the other Parties concerned in 
the Common Lands of Bergen were consenting to and desirous 
of having the Original Act for dividing the Common Lands 
of Bergen passed into a Law, and as the Matters directed to 
be done by this Supplementary Act, are only such as were 
left uncompleat, occasioned by an equal Division of the 
Opinions of the Acting Commission appointed by the Orig- 
inal Act ; and as, on the Principle of the first Reason above 
mentioned, there was no suspending Clause to the former Act, 
and more especially as in this Supplementary Act there is 
Time allowed sufficient to answer the Purposes of a suspend- 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 2L 

ing Clause, His Excellency may, consistent with the Royal 
Instructions, give his Assent to the Supplementary Act now 
before them. 

The Council, having taken into consideration the Papers 
communicated to them Yesterday by his Excellency the 
Governor respecting the Proceedings of the Commissioners 
appointed by His Majesty to settle the Line between this 
Colony and the Colony of New York, are of Opinion that it 
will be for the Advantage of this Colony that the Legislature 
should give all proper Countenance and Assistance to the 
Agents engaged in that Service on Behalf of this Colony, and 
for that Purpose that His Excellency be advised to Add 
Weight to their Application to the Assembly by recommend- 
ing to them the Importance of having the Matter litigated 
before His Majesty in Council on an Equal Footing ; that as 
the Managers in Behalf of New York, have the Weight of 
Provincial Assistance in their Favour, the Parties affected in 
New Jersey without the like Assistance from this Province 
may probably be deprived of having a full and fair Repre- 
sentation of the Matter ; and if, thro' any Defect in support- 
ing the Cause of New Jersey, the line should finally be 
fixed at any Station on Delaware more Southerly than the 
Latitude of 41 40' or on Hudsons River more southerly 
than the Latitude of 41, it will greatly affect the Peace and 
Interest of this Province, and will cut off the Possessions 
and Improvements of great Numbers of Persons who have 
ever been esteemed Inhabitants thereof and have paid Taxes 
and done all other Civil and military Duties in it from the 
year 1719 when the Station on Delaware River was fixed in 
the Latitude of 41 40' by Commissioners and Surveyors 
appointed by Virtue of Acts of Legislature of both Provinces. 



22 NEW JERSEY COLONIAL DOCUMENTS. [1769 



At a Council held at Burlington on Tuesday Nov r 21 8t 

1769. 

Present 

His Excellency The Governor 

( M r Kemble 
TheHoflblJM'Ogden 
(.M'J.Smith 

His Excellency was pleased to Sign the following War- 
rants directing the Trears of this Province or either of them 
to pay for half a Years Salary ending this Day 

N 373 To Himself or Order, as Commander s. d. 

in Chief the Sum of. 600,, 0,, 

374 To the same for House Rent 30 

375 To the Chief Justice < 75,, 0,, 

376 To the Hoflble Charles Read Esq r 

Second Justice 25,, 0,, 

377 To the Hofible John Berrien Esq r 

third Justice 25,, 0,, 

378 To the Hottble Samuel Smith Esq r 

one of the Treasurers 20,, 0,, 

379 To Stephen Skinner Esq r one of the 

Treasurers 20,, 0,, 

380 To the Clerk of the Council 15,, 0,, 

381 To the Attorney General 15,, 0,, 

382 To the Clerk of the Circuits 10 

383 To the Doorkeeper of the Council 5 

At a Council held at Burlington on Wednesday Nov r 22 d 
1769. 

Present 
His Excellency William Franklin Esq r Governor 

{M r Kemble ^ M r J: Smith 
M r Ogden I M r S. Smith 
Lord Stirling f M' Chief Justice 
M r Read J M r Stockton 



1769] 



JOURNAL OF GOVERNOR AND COUNCIL. 



23 



His Excellency was pleased to nominate Joseph Riggs 
jun r and Matthias Williamson to be Judges of the Pleas in 
the County of Essex : Jonathan Sergeant to be a Judge of 
the Pleas in the County of Hunterdon : John Roy, Walter 
J. Livingston and Job Stockton to be Judges of the Pleas in 
the County of Somerset : Howell Powell to be a Judge of 
the Pleas in the County of Cumberland, and Alexander 
MEwen to be a Coroner in the County of Somerset, to all 
which the Council Assented. 

His Excellency was also pleased to nominate the following 
Persons to be Justices of the Peace in the respective Counties 
hereunder mentioned to which the Council assented. 



Sussex County 
Archibald Stewart 
William Norcross 
Isaac Van Campen 
John Barber 
Henry Winter 

Morris County 
David Thompson 

Essex County 
Matthias Williamson Quo 
Jonathan J. Dayton 

Bergen County 
Stephen Baldwin 
Thomas Moore 
Walling Van Winkle 
John Zabrieskie jun r 



Hunterdon County 
Micajah Howe 
Charles Coxe 
Samuel Stout 

Somerset County 
Walter J. Livingston 
Job Stockton 
John Vanderveer 
Guisbert Zutphen 
Richard Cockran 

Burlington County 
Samuel Meredith 
William Bryant 

Middlesex County 
Hezekiah Stites 
Walter I. Livingston 
Philip Stockton 



It appearing to the Board that Henry Alwood Esq. one of 
the Justices of the Peace for the County of Somerset, hath 
basely asperced the character of Lord Stirling, one of His 



24 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Majesty's Council for this Province, and otherwise mis- 
behaved so as to render him unfit to be continued in the 
Office of a Justice of the Peace, the Council advised his 
Excellency to remove him from his said office, 

Whereupon his Excellency was pleased to Order a Super- 
cedeas to Issue to Remove him accordingly. 

His Excellency laid before the Board sundry Letters and 
other Papers relative to the Conduct of Jacob Stern Esq. 
one of the Judges of the inferior Court of Common Pleas in 
the County of Sussex and late Sheriff of the said County, 
whereby it appears that the said Jacob Starn is unfit to be 
continued in the said Office of a Judge; Whereupon the 
Council advised His Excellency to Order a Supercedeas to 
issue to remove the said Jacob Starn from the said Office. 



At a Council held at Burlington on Friday Novemb 1 24 th 
1769. 

Present 
His Excellency William Franklin Esq r Governor 

( M r Kemble ") M r S. Smith 
I M r Ogden j M r Ladd 
The Honble {' Lord Stirling } M r Ch. Justice 
I M r Read j M r Stockton 
L M r J. Smith } 

His Excellency laid before the Board the Petition of Hen- 
drick Fisher Esq r President of the Trustees of Queen's Col- 
lege in this Province praying that an Alteration may be made 
in the Charter granted to the said Trustees. 

The Council having taken the same into Consideration, 
advised His Excellency to grant the Prayer of the said 
Petition, so far as Relates to the Distinction of Residents and 
Non Residents in the said Charter mentioned. 

His Excellency was pleased to inform the Board that he 
had been requested to issue a Proclamation for the due Ob- 
servance of an Act of the General Assembly of this Province 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 25 

relative to the erecting Wears, Pounds & c in the River Dela- 
ware, and desired the Advice of the Council thereupon. 

The Council having taken the same into Consideration, 
advised His Excellency to issue the said Proclamation, and 
His Excellency was pleased to Order the Dep* Secretary to 
prepare a Draught of a Proclam n for that purpose. 

It being represented to His Excellency that the Names of 
some of the Members of His Majesty's Council are not in- 
serted in Some of the County Commissions of the Peace in 
this Province ; and as it may be inconvenient for the Coun- 
sellors to attend in such of the Counties to qualify under the 
said Commissions in which their Names are inserted ; His 
Excellency with the Advice of the Council was pleased to 
Order the D : Secretary to prepare a Special Commission of 
the Peace to constitute the Members of His Majesty's Council 
(except the Chief Justice) Justices of the Peace throughout 
the Province, and that a Writ of Dedimus potestatem be 
issued to the Dep y Secretary to qualify the said Members of 
the Council under the said General Commission as Conserva- 
tors of the Peace only. 

His Excellency laid before the Board the Draught of a 
Charter to incorporate the Trustees of the Baptist Congrega- 
tion in Hopewell which being read and considered, the Coun- 
cil advised His Excellency to approve the Same. 

His Excellency informed the Board that some Doubts had 
arisen respecting the Authority of the Governor to execute 
the Office of Chancellor in this Province, and desired the 
Opinion of the Council thereupon. The Council taking the 
same into Consideration, and conceiving it to be a matter of 
great Importance to the Interests of the Province in general, 
do advise that it be referred to the Consideration of a Com- 
mittee of this Board. 

Whereupon it is Ordered that M r Ogden, M r Read, M r S. 
Smith, the Chief Justice and M r Stockton be a Committee to 
consider the same and make their Report thereupon to this 
Board on or before the fourteenth Day of May next. 



26 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The Council were like wise of Opinion, and accordingly 
advised His Excellency that in the mean Time all Proceed- 
ings on the Equity Side of the Court of Chancery be sus- 
pended, to which His Excellency assented. 



At a Council held at Burlington on Tuesday Nov r 28 th 1769 

Present 
His Excellency William Frankin Esq r Governor. 

rM'Read ^ 
The Hofible^ M* J. Smith i M r Ladd 

IM* S. Smith J M r Ch. Justice 

His Excellency was pleased to sign the following Warrants 
ordering the Treasurers of this Province or either of them to 
pay. 

N 382 To the Hofible Peter Kemble for 46 s d 
Days Attendance as one of His Ma- 
jesty's Council at this Session of the 
General Assembly 13 ,,16,, 

N 383 To the R* Hofible the Earl of Stir- 
ling for 27 Days like Attendance.. 8 2 

384 To the Hofible David Ogden for 22 

Days like Attendance, and for 29 

Days the last Session 15,, 6,, 

385 To James Parker for Printing the 

Laws & Votes of the last Session 
as p the Certificate of the Commis- 
sioners 83,, 1,, 3 

His Excellency was pleased to Nominate John Carty and 
Daniel Hough to be Coroners in the County of Burlington 
to which the Council assented. 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 27 



At a Council held at Burlington on Friday Dec r I 8t 1769. 

. Present 
His Excellency William Franklin Esq r Governor. 

M< Read 

M'J. Smith M'Ladd 

M r S. Smith M r Chief Justice. 

His Excellency was pleased to sign the following Warrant 
Ordering the Treasurers of this Province or either of them 
to pay. 

N 386 To the Hofible Richard Stockton Esq r s d. 
for 54 Days Attendance as one of 
his Majesty's Council 16,, 4,, 



At a Council held at Burlington on Saturday Dec* 2 d 1769. 

Present 
His Excellency William Franklin Esq r Governor 

(M'Read ^ 
The Hofible ^ M r J. Smith VM* Ladd 

lM r S. Smith J M r Chief Justice 

His Excellency -was pleased to communicate to the Council 
a Message he had received from the Assembly in the follow- 
ing Words. 

"The House taking into Consideration the Office and 
Appointment of Coroners in the Several Counties of this 
Colony, after some Time spent therein, 

"Ordered that M r Learning and M r Berrien do wait on 
His Excellency and inform him that the House having taken 
the Office and Appointment of Coroners into consideration, 
are of opinion, that the said office is and ought to be Elective 
by Writ issuing from Time to Time as occasion may require. 



28 NEW JERSEY COLONIAL DOCUMENTS. [1769 

That they are induced to be of this Opinion as well from the 
Common Law as divers Statutes; and that the Coroners 
ought to be of a Sufficient Estate to answer, as it appears to 
this House that the County is accountable and must answer 
for him ; hence the Reasonableness of his being elected by 
the People, and " therefore that this House do request of His 
" Excellency that Writs may issue for the Electing of so 
"many Coroners in the several Counties of this Colony as 
" may be necessary, and so from Time to Time; and that this 
" House hope His Excellency will grant this request not only 
" as they apprehend the Law is so, but also as it has been 
" heretofore and yet is the Practice in some Counties in this 
"Colony." 

And desired the Advice of the Council thereupon. 

The Council taking the same into consideration do advise 
His Excellency to take the Opinion of the Attorney General, 
whether the said Request can be granted consistent with His 
Majesty's Royal Prerogative. 

The Council informed His Excellency that the Assembly 
had sent up a Bill to them to prescribe the Mode of Security 
to be given by^ the Trears of this Colony, which Bill was so 
framed in several Particulars that the Council could not give 
it their Assent, whereby the good purpose of the said Bill 
was likely to be frustrated. Whereupon 

His Excellency laid before the Board a Bond which 
had been tendered to him by Stephen Skinner Esquire the 
Treasurer of the Eastern Division of this Province with two 
Sureties in the Sum of ten Thousand pounds with the follow- 
ing Condition. 

" That if the above bounden Stephen Skinner doth well 
" and truly execute his Office as Treasurer of the Eastern 
"Division of the Colony of New Jersey, and that he his 
"Heirs Executors or Administers doth deliver up all the 
" public Money in his or their Hands, together with all In- 
" struments of Writing belonging to and for the Use of the 
" said Colony to his Successor in Office, when the same shall 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 29 

" be lawfully demanded, and shall from Time to Time render 
" or cause to be rendered a true account of the publick Money 
" committed to his Charge to the Council & House of Rep- 
" resentatives when thereunto by them required, that then the 
" above Obligation shall be void and of no effect, otherwise to 
" remain in full force and Virtue." 

And desired the Opinion of the Council whether he should 
accept the said Bond or not. 

The Council taking the same into Consideration and deem- 
ing the Securities quite Sufficient, advised His Excellency to 
accept the said Bond, and the same being duly executed by 
the said Stephen Skinner, together with Cortland Skinner & 
John L Johnston his Sureties, was delivered to the Deputy 
Secretary to be put on Record and filed in the Secretary's 
office. 

At a Council held at Burlington on Monday Dec r 4 th 1769. 

Present 
His Excellency the Governor 

rM'Read ^ M r Ladd 
1 M r J. Smith VM r Parker 
I M r S. Smith J The Ch. Justice 

His Excellency laid before the Board a Bond, tendered to 
him, by Samuel Smith Esq r Treasurer of the Western Divi- 
sion of this Colony, executed by the said Samuel Smith Esq r 
Joseph Smith, & John Smith to His Majesty His Heirs and 
Successors in the Sum of ten Thousand pounds proclamation 
Money as it passes in West Jersey, with the following condi- 
tion. 

" That if the above bounden Samuel Smith doth well and 
" truly execute his Office as Treasurer of the Western Di- 
" vision of the Colony of New Jersey, and that he, his Heirs, 
" Executors or Administrators doth deliver up all the public 
" Money in his or their Hands together with all Instruments 
" of writing belonging to and for the use of the said Colony 



30 NEW JERSEY COLONIAL DOCUMENTS. [1769 

"to his successor in Office and shall from Time to Time 
" render or cause to be rendered a true Account of the pub 
" lick Money committed to his Charge to the Council and 
" House of Representatives when thereunto by them required, 
" that then the above Obligation to be void and of no Effect, 
" otherwise to remain in full Force and Virtue." 

And desired the Opinion of the Council whether he should 
accept the said Bond or not. 

The Council taking the same into Consideration, and 
deeming the securities quite Sufficient, advised His Excel- 
lency to accept the said Bond; and His Excellency was 
pleased to deliver the same to the Dep 7 Secretary to be put 
on Record and filed in the Secretary's Office. 

His Excellency laid before the Board the Draught of a 
Charter for incorporating "The Minister Church Wardens 
and Vestrymen of Trinity Church in the Town of Wood- 
bridge" which was read and approved, and the Council 
advised His Excellency to cause the Great Seal to be affixed 
to the Said Charter. 

His Excellency laid before the Board the Opinion of the 
Attorney General on the Message from the House of Assembly 
relative to the Appointment of Coroners, communicated to 
this Board on Saturday last, which was read and is as 
follows. 

" I have considered the Authorities cited and divers others, 
"which I have noted, principally from L d Cook 1 & 2 d Hale 
" 53. in which the Election of Coroners for Counties as well 
" from Common Law as from Statute, is so established that I 
" apprehend it cannot be got over. The Usage in the Prov- 
ince has been both by Commission and Writ, and the 
" Former most frequent, nevertheless the last seems most 
" eligible because agreeable to Law, the Words in the Grant 
"of this Colony are only descriptive of the Tenure (in 
"common Soccage not in Capite.) If it be said that the 
" Crown will interfere in Right of its Seigniory, as the Prov- 

*Coke. 



1769] JOURNAL, OF GOVERNOR AND COUNCIL. 31 

" ince is held under the Crown : without entering into any 
" Examination of this Seignory, it must be answered That 
" all the Lands in England are held under the King and the 
" Appointment of Coroners in England would be in the 
" Crown with as much Propriety yet the common Law is 
"otherwise, and the Stat. of Ed. 3 d in the Exception can 
"mean no more than a saving to the Corporations and Fran- 
" chises within the several Counties, at the Same Time that 
" it confirms the choosing Coroners for the County, without 
" which Saving the Statute would affect the Coroners of the 
" Corporations, the Verge, the Admiralty and many Manors. 
" Upon the whole I am of Opinion that the Coroners of the 
" Counties Should be by Writ." 

"CORTLAND SKINNER 

His Excellency with the Advice of the Council, was pleased 
to Send a Message to the Assembly in the following Words 

" Gentlemen, As your Message concerning the Appoint- 
"ment of Coroners respects a Point of Prerogative, and as 
" the Authorities, quoted from Law Books, which accom- 
" panied your Message, do by no means convince me that the 
" King is excluded from appointing those Officers in the Col- 
" onies, I cannot Suffer myself to acquiesce with your Request 
" on that Head without a farther Consideration of the Matter 
" than the Circumstances of this Session will now Admit of. 
" In the mean Time no Inconvenience can arise from the con- 
" tinuance of the antient Usage in this Province (which has 
" been deviated from in a few Instances only) as the Counties 
" cannot, as you Suppose, be answerable for the Coroner, but 
" where he is elected by the Freeholders, and as I shall make 
" no objection to appointing any Person to that Office who 
" may be properly recommended by the principal Freeholders 
" of any of the Counties." 

His Excellency, with the Advice of the Council was 
pleased to send a Message to the House of Assembly in the 
Words following, 



32 NEW JERSEY COLONIAL DOCUMENTS. [1769 

" Gentlemen, 

" The Council and your House not agreeing on the Bill 
"prescribing the Mode of taking Security from the Treas- 
" urers of this Province, I think it necessary to inform you, 
" that the Treasurers have, of their own Accord, entered into 
" Bonds (with such Securities as were deemed Sufficient by 
" me and the Council) to the same Amount and on the like 
"Condition as mentioned in your Bill, which Bonds. I have 
" by the Advice of the Council, received and ordered to be 
" deposited among the Kecords in the Secretary's Office " 



At a Council held at Burlington on Wednesday December 
6 th 1769. 

Present 
His Excellency William Franklin Esq r Governour 

c M r Read ^ M r Ladd 
^M r J. Smith VM r Parker 
lM r S. Smith) M r Ch. Justice 

His Excellency was pleased to Sign the following Warrants 
Ordering the Treasurers of this Province or either of them 
to pay. 

N 387. To the Honb 1 ' Frederick Smyth Esq r a d 
Ch. Justice for 60 Days Attendance 
as One of His Majesty's Council and 
for holding the Circuit Courts in 
the Counties of Sussex, Essex and 
Monmouth since the 21 st of May 
last the Sum of. 48,, 0,, 

N 388 To Jonathan Deare Esq r one of the 
Clerks of the Assembly for copying 
the Laws and Minutes of the Ses- 
sion of Assembly in the Year 1768, 
and entering the Votes in the Jour- 
nal of the House of Assembly 15 18 8 



1769] JOURNAL, OF GOVERNOR AND COUNCIL. 33 

389. To Richard Smith Esq r One of the 
Clerks of the Assembly for 58 Days 
Attendance this Session and for ex- 
tra Services as allowed by the Sup- 
port Bill 49,, 0,, 

390 To the Hofible Charles Read Esq r for 

58 Days Attendance as One of His 

Majesty's Council 17,, 8,, 

391 To the Hofible John Smith Esq r 58 

Days in like Manner 17,, 8,, 

392 To the Hofible John Stevens Esq r 22 

Days in like Manner 6 ,,12,, 

393 To the Hofible Sam 1 Smith Esq r for 

58 Days in like Manner 17,, 8,, 

394 To the Hofible John Ladd Esq r for 

60 Days in like Manner 18,, 0,, 

395 To the Hon ble Ja" Parker Esq r for 40 

Days in like Manner 12,, 0,, 

His Excellency was pleased to Nominate James Hinchman, 
George Vanlear, Samuel Spicer, Isaac Mickle, Samuel Risley 
and Isaac Kay, to be Justices of the Peace in the County of 
Gloucester, to which the Council assented. 

His Excellency with the Advice of the Council was pleased 
to Order a new Commission of the Peace for the County of 
Gloucester, and that the Names of the above mentioned Gen- 
tlemen be inserted therein 

His Excellency with the Advice of the Council was pleased 
to issue the following Proclamation 

By his Excellency 

William Franklin, Esq. Captain General, Governor and 
Commander in Chief in and over the Province of New Jersey, 
and Territories thereon depending in America, Chancellor 
and Vice Admiral of the same &c 

3 



34 NEW JERSEY COLONIAL DOCUMENTS. [1769 

A Proclamation 

Whereas in and by an Act of the General Assembly of 
this Province, passed in the fifth year of his present Majesty's 
Reign, entituled "An Act to regulate the Method of taking 
" Fish in the River Delaware, and to prevent Obstructions 
" in the Navigation thereof, and for other Purposes therein 
" mentioned," it is, amongst other things, enacted, that any 
Person or Persons whatsoever, from and after the Publica- 
tion thereof, shall erect, build, Set up, repair or maintain, or 
be aiding, assisting or abetting in erecting, building, Setting 
up, repairing or maintaining, any Wear, Rack, Basket, Fish- 
ing Dam, Pound, or other device whatsoever, for taking of 
Fish within the said River, or that shall fix or fasten any 
Net or Nets across, or in the said River, or any part thereof, 
by which the Fish may be obstructed in going up the said 
River, or Shall take, destroy, or Spoil any Spawn, Fry or 
Brood of Fish, or any kind of Fish whatsoever in any such 
Wear, Rack, Basket, Fishing Dam, Pound, or other Device ~ 
aforesaid, every such Person or Persons so offending, contrary 
to the true Intent and meaning of the said Act, being legally 
convicted thereof, Shall forfeit and pay the Sum of Twenty 
Pounds, Proclamation Money, for every such Offence (one 
moiety to be paid to the Informer or Prosecutor, the other 
moiety to the Overseers of the Highways of the Township 
or City where such Offender shall reside) or Suffer Six 
months Imprisonment, without Bail or Main prize, and 
every such Wear, Rack, Basket, Fishing Dam, Pound Net 
or other Device, fastened across, or in the said River, are, by 
the said Act, declared public Nusances. 

And whereas for the more Speedy Removal of such Wears, 
Racks, Baskets, Fishing Dams, Pounds and other Devices, 
as are, or shall be erected in the said River, it is, in and by 
the said Act further enacted, " That any one Justice of the 
Peace, in any of the Counties adjoining to the said River, 
shall issue his Warrant to the Overseers of the Highways of 
the Township next adjacent to the Wear, Rack, Fishing 



1769] JOURNAL OF GOVERNOR AND COUNCIL. 35 

Dam, Pound, or other Device, so erected, requiring the said 
Overseers respectively, forthwith to cause the same to be 
removed, and the said Overseers are, by the said Act, impow- 
ered and required to Summon so many of the Inhabi- 
tants of their respective Townships as shall be Sufficient for 
that Purpose, giving them Three Days Notice, and to make 
Return of such their Proceedings to the next Court of Gen- 
eral Quarter Sessions of the Peace to be holden for their 
respective Counties, and that if any Overseer of the High- 
ways, to whom such Warrant shall be directed, shall refuse 
or neglect to perform the Duty by the said Act enjoined and 
required, he shall, on Conviction, forfeit and pay the Sum of 
Ten pounds, for the Use of the Highways in the Township 
where he shall reside ; and that if any inhabitant, so Sum- 
moned as aforesaid, shall neglect or refuse to attend in Person, 
or Send an able Person in his Stead, to assist in the throwing 
down, removing and destroying such Wear, Rack, Fishing 
Dam, Basket, Pound, or other Device, so erected as aforesaid, 
in such Manner as the said Overseer shall direct, he shall 
forfeit and pay the Sum of Ten Shillings. And to prevent 
any Delay that may happen through Default of any of the 
said Justices, Overseers or other Persons, it is farther enacted, 
" That it shall be lawful for any Person or Persons whatsoever 
to break, throw down, remove and destroy all or any Wears, 
Fishing Dams, Rack, Basket, Pound or other Device or 
Devices, erected or to be erected, or laid in the said River, for 
catching the Fish, or obstructing the Navigation as aforesaid, 
and that any Person convicted of assaulting, hindering or 
obstructing any Person or Persons in pulling down, breaking, 
removing or destroying, any of the said Devices or Obstruc- 
tions in the said River, Shall, for every such Offence, forfeit 
and Pay the Sum of Five Pounds. 

And for the more effectual detecting and punishing 
Offenders against the said Act, it is therein farther enacted and 
declared, " That the Constables of each respective Township, 
adjoining to any Part of the said River, Shall, and they are 
thereby required and enjoined, under the Penalty of Five 



36 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Pounds, carefully and diligently to inspect and view, once 
at least, in every 14 Days, from the first Day of March, to 
the first Day of December, in every Year, such Parts of the 
said River as shall be adjoining to their respective Townships, 
and having Knowledge of any Offences against the said Act, 
forthwith to give Information thereof to some Justice of the 
Peace, and of the Name or Names of the Offenders, and the 
said Justice is thereby required to issue his Warrant, directed 
to the Constables, to apprehend the said Offender or Offenders, 
in Order that he or they may be tried for the said Offence." 

And it is farther enacted and declared, in and by the said 
Act, "That from and after the first Day of March 1767. 
it shall not be lawful for any Pefson or Persons whatsoever, 
to fish in the said River, with any Seine or Net, the Meshes 
whereof shall be found to be less than two Inches and a Half, 
when extended, under the Penalty of Five Pounds?' 

In order therefore that the good Intentions of the said Act, 
may be fulfilled, and that no Person whatsoever may plead 
Ignorance of the Same, I have thought fit, by and with the 
Advice and Consent of His Majesty's Council, to issue this 
Proclamation, hereby commanding and Strictly requiring all 
Justices of the Peace, Constables, Overseers of the Highways, 
and all other Persons, whatsoever, to whom the Execution of 
the said Act is intrusted, to be careful and vigilant in the 
Duties therein required of them, as they will answer the con- 
trary at their Peril. 

Given under my Hand and Seal at Arms, in the City of 
Burlington, this Fifth Day of December in the Tenth Year 
of His Majesty's Reign Annoque Domini One Thousand 
Seven Hundred and Sixty nine. 

WILLIAM FRANKLIN 

By his Excellency's Command 

CHARLES PETTIT, D, Secretary. 

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

CHA PETTIT D Clerk 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 37 

A Journal of the Proceedings of His 
Majesty's Council for the Province of 



I~L s 1 " ^ ersev a * a Session of the General 

Assembly of the said Province began and 
held at Burlington on Wednesday October 
11 th 1769. 



Pursuant to several Prorogations the House met 

Present 

c John Smith ^ 

The Hoflble< Samuel Smith t Esquires 
UohnLadd J 

His Excellency came into Council and having by the 
Deputy Secretary informed the House of Representatives 
that he was ready to receive the presentation of their Speaker 
the House 1 attended and presented Cortland Skinner Esquire 
as their Speaker, which his Excellency was pleased to approve 
after which the Speaker requested that the House might be 
continued in their usual Priviledges, of which his Excellency 
gave them assurances. 

Then his Excellency was pleased to make the following 
Speech to both Houses. 

Gentlemen of the Council and Gentlemen of the House of 
Representatives. "As no immediate Business of a publick 
nature made it necessary to give an earlier commencement to 
the present Session I postponed the pleasure of meeting you 

1 The members of the Twenty -first Assembly were as follows : Perth AmboyCort- 
land Skinner, John L. Johnson ; Middlesex John Wetherill, Reune Runyon ; Mon- 
mouth Robert Hartshorne, Edward Taylor ; Essex John Ogden, Stephen Crane ; 
Somerset Hendrick Fisher, John Berrien ; Bergen Theunis Dey, John Demarest ; 
City of Burlington Abraham Hew lings, Joseph Smith ; County of Burlington Henry 
Paxson, Joseph Bullock ; Gloucester Robert Friend Price, John Hinchman ; Salem 
Ebenezer Miller, Isaac Sharp ; Cape MayA&ron Learning, Nicholas Stillwell ; Hun- 
terdon John Hart, Samuel Tucker. Of the foregoing, Isaac Sharp died, and Grant 
Gibbons was chosen to fill bis place ; Nicholas Stillwell also died and was succeeded 
by Jonathan Hand. 



38 NEW JERSEY COLONIAL DOCUMENTS. [1769 

in general Assembly till a Season that was likely to be most 
agreeable, as well as most convenient to your private affairs. 

At the last Session a Bill passed both the Council and 
Assembly for making current One hundred thousand pounds 
in Bills of Credit, which was so framed that I was under a 
necessity of refusing it my Assent being however of Opinion 
that the Emitting of such a sum of paper Money upon Loan 
might be of great publick Utility, and unwilling that there 
should be any unnecessary delay, in a matter of such Import- 
ance I strongly represented the Expediency of passing an Act 
for the purpose, and transmitted a Draught of the Bill to the 
Secretary of State for the American Department, in order to 
obtain the Kings pleasure thereupon. The Directions I have 
since received from his Majesty shall be communicated to you, 
by which you will find that in Case the Actual necessity of 
Emitting Bills of Credit upon Loan to the Amount of One 
hundred thousand pounds can be made to appear, and pro- 
vided effectual Care be taken that such Bills shall not be 
deemed a legal Tender in payment of Money, there is the 
greatest probability that an Act of this nature under proper 
limitations will meet with his Majestys most gracious appro- 
bation. 1 

Having received Advice from the Honourable S r William 
Johnson Baronet, his Majesty's Superintendant for Indian 
Affairs, that a Treaty was to be held with the Six Nations, 
by his Majestys Order for settling a Boundary Line between 
them and the British Northern Colonies, and it being the 
Opinion of the Council for the Reasons set forth in their 
Minutes, that my presence at the Treaty would be likely to 
Answer very good purposes to the Province : I accordingly 
attended the Conferrence at Fort Stanwix, accompanied by 
M r Chief Justice, who at my request willingly undertook 
the Service." 2 

"An account of the Transactions there so far as they 
particularly relate to New Jersey, will be laid before you and 

1 See N. J. Archives, X., 60, 99, 103. 
8 See N. J. Archives, X., 54, 55, 95. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 39 

I hope will prove Satisfactory The six Nations at the Grand 
Meeting besides having finally agreed on a general Boundary 
between them and the Northern Colonies have publickly 
acknowledged the repeated instances of our Justice in bring- 
ing the Murderers of Indians to Condign Punishment 
declared that they have no Claim or Demand on this Prov- 
ince, whatever, and in the most Solemn manner conferred on 
the Government of New Jersey the distinguishing name of 
Sagorighwiyogstha or the great Arbiter or doer of Justice 
a name which at the same time that it reflects high Honour 
on the province may prove a singular Advantage to the 
Inhabitants on our Frontiers should a misunderstanding 
arise between the Indians and any of the neighbouring 
Colonies. 

It gives me great concern to mention to you the Robbery 
of the Treasury of the Eastern Division and the more so as 
it is not in my power tho' so long a time has since Elapsed 
to inform you who were the perpetrators of that atrocious 
Villiany, or what has become of the Moneys every step how- 
ever has been taken on the part of Government which had 
any chance of producing a discovery, as I believe you will do 
the Justice to Acknowledge when you have perused the papers 
relative to that Transaction If any expedient can be suggested 
which may have a Tendency to secure the Province from the 
like disaster, in future, it will not fail of meeting my most 
hearty Concurrence. 

Gentlemen of the House of Representatives. The Act for 
the Support of Government being expired, and the money 
granted for the furnishing the Kings Troops here with neces- 
sarys being expended, I must earnestly recommend it to you 
to grant a farther supply for their purposes. As there are 
strong Reasons for expecting that the late Duty Act which 
has given such general dissatisfaction to his Majestys subjects 
in the Colonies will be repealed in the ensuing Session of 
Parliament, I cannot but flatter myself that the Representa- 
tives of the good People of this Province will conduct them- 



40 NEW JERSEY COLONIAL DOCUMENTS. [1769 

selves with such Wisdom and Prudence at this Critical time 
as to avoid every matter which may in the smallest degree tend 
to widen or continue the unhappy differences subsisting be- 
tween the two Countries, and that they will by every means 
in their Power manifest a sincere disposition to promote the 
Re-Establishment of that Mutual Confidence and Affection so 
Essential to the Glory and Safety of the whole British 
Empire. 

Gentlemen of the Council, and Gentlemen of the House of 

Representatives. 

The Many Advantages derived to this province from the 
Harmony which has for some years passed prevailed among 
the several Branches of the Legislature, give me the greatest 
reason to expect a Continuance of it during the present Ses- 
sion. You may always rest assured that I shall cheerfully 
co-operate with you in whatever may be for his Majesty s ser- 
vice or the Publick Welfare. 

Council Chamber October 11 th 1769. 

W m FRANKLIN. 

The House Continued till Thursday October 12 th 1769. 



The House Met 

Present 

f Charles Read ^ 
j John Smith 

The Hoiible <( Samuel Smith }> Esquires 
j John Ladd 
(^ Richard Stockton J 

A Petition was presented to the House from William Bay- 
ard Esq 1 setting forth that a Suit was now pending in the 
Supreme Court of this province respecting certain Lands in 
the County of Bergen included in the patent of Secaucus in 

l See Bayard's petition, N. J. Archives, X., 168. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 41 

which the Petitioner is Defendant, and being informed that 
some persons interested therein intend to apply to the Legis- 
lature of this Colony to pass a Law to effect a Division of 
said Lands, it is thereby prayed that no Bill of that nature 
may pass this House, for the reasons therein mentioned. 

Ordered, that the same be read 

The House Continued till Saturday October 14 th 1769. 

The House Met 

Present. 
f Peter Kemble. ^ 

mi. TT ,1 1 ! John Smith. ! ^ 
The Honble <?. V Esquires 

Samuel Smith. 

I Fred : Smyth. J 

His Excellencys Speech to both Houses being read. It is 
ordered that M r John Smith, M r Ladd, and M r Stockton, or 
any two of them do prepare a Draught of an Address to his 
Excellency from this House, in Answer thereto, and make 
report thereof 

The House Continued till Monday October 16 th 1769. 

The House met. 

Present. 

( Peter Kemble ^ 

The Honble < John Smith \ Esquires 
I Samuel Smith ) 

The House Continued till Tuesday October 17 th 1769. 



The House met 

Present 

f Peter Kemble ^ 

The Honble < John Smith > Esquires 
I Samuel Smith ) 



42 NEW JERSEY COLONIAL DOCUMENTS. [1769 

M r Fisher and M r Johnston from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act to prohibit the setting Nets, Seins, and other Devices 
in the Rivers Eariton and South River &c which was read 
the first time and ordered a Second Reading. 

The House Continued till 3 o'clock P. M. 



The House met 

Present; 
C Peter Kemble ^ 



The Honble { ^TT "T" \ Esquires 
I John Smith 



I Charles Read 
John Smith 
Samuel Smith J 



His Excellency came into Council, and having by the 
Clerk of the Council informed the House of Assembly that 
he was in the Council Chamber and ready to receive their 
Address. The Speaker with the House of Assembly attended 
and delivered their Address in the following words. 

To his Excellency William Franklin Esquire Captain 
General, Governor and Commander in Chief in and over the 
Colony of New Jersey and Territories thereon depending in 
America, Chancellor and Vice Admiral in the same &c. 

The Humble Address of the Representatives of the said 
Colony in General Assembly convened 

May it please your Excellency - 

We his Majesty s dutifull and Loyall Subjects the Repre- 
sentatives of the Colony of New Jersey in General Assembly 
met, beg leave to return your Excellency our hearty thanks 
for your favourable Speech. 

As no material Inconvenience to the Colony seems to have 
attended the delay, We thank your Excellency for postpon- 
ing calling the Assembly to a time convenient to our private 
affairs. 

The pains your Excellency has taken in so strongly repre- 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 43 

senting to his Majesty's Ministers the great publick utility 
you apprehended would attend the immediately issuing a Sum 
of Money in Bills of Credit on Loan, merits our warmest 
Acknowledgements and convinces us of your good Inten- 
tions respecting a Measure so generally desired by the good 
people of this Colony. The Terms proposed by his Majesty s 
Ministers appear to be particularly hard, we shall however 
give the matter our most Serious Consideration, and if any 
Expedient can be devised by which a Loan Office Bill may 
be obtained, so as to answer the desired purposes of a Cur- 
rency without inconveniences that will over Ballance the 
Good that can be expected we shall most heartily embrace it. 

The settling a Boundary Line between the Indian and 
the British Northern Colonies was undoubtedly an Object 
worthy of his Majesty's Attention, and if is very satisfactory 
to this House that your Excellency with M r Chief Justice 
attended the Conference at Fort Stanwix, which has given 
the Indians an opportunity of Testifying their sense of the 
Justice of this Colony towards them, by 'complimenting your 
Excellency with the name of Sagorighwiyogstha, or the great 
Arbiter or doer of Justice. 

The Robbery of the Publick Treasury at Atnboy is a 
matter of Importance to this province, and it gives us great 
Concern that tho so long a time hath elapsed no discovery is 
yet made of the atrocious perpetrators of that Villiany, sat- 
isfied however of the Early care of Government, and of your 
Excellency's particular Endeavors in that respect, We shall 
proceed to examine the papers relating thereto, laid before us 
by your Excellency, together with every other particular that 
may come to our Knowledge and with all possible attention 
and in faithfull discharge of the Trust reposed in us, do what 
shall appear to us consistent with the strictest Impartiality 
and publick Justice not doubting your Excellencys readiness 
to Comply with any Expedient that may be suggested, which 
may have a Tendency to secure the Colony from the like dis- 
aster in future. 

As the Representatives of the People of this Colony have 



44 NEW JERSEY COLONIAL DOCUMENTS. [1769 

always cheerfully supported this his Majestys Government, 
we shall not be wanting on our parts to make a suitable pro- 
vision for that purpose, and shall pay all due regard to the 
other parts of your Excellencys Speech. 

Your Excellencys Declaration that there are the strongest 
reasons to expect the late Duty Acts will be repealed in the 
Ensuing Session of Parliament affords great pleasure to us. 
We hope no Transaction of this House will in the least tend 
to Widen or Continue the unhappy differences subsisting 
between Great Britain and the Cqlonies and sincerely wish 
a Re-Establishment of that Mutual Confidence and Affection 
so essential to the Glory and safety of the whole British 
Empire, and shall not fail to promote such a disposition with 
respect to this Colony by all means consistent with our Duty 
to our Constituents', and a due regard to all our just rights 
and privileges 

Seeing the happy Effects we are convinced of the many 
advantages derived from a perfect Harmony subsisting be- 
tween the different Branches of the Legislature in transacting 
the Publick Business ; nothing on our parts shall be wanting 
to promote so good a purpose, and we hope our Conduct on 
all occasions will demonstrate a disposition most chearfully 
to co-operate with your Excellency in whatever may conduce 
to the general welfare. 

House of Assembly 1 Signed by order of the House 
Oct 17 th 1769. / CORTLAND SKINNER Speaker. 

To which his Excellency was pleased to return the follow- 
ing answer. 

Gentlemen, I heartily thank you for this Address. The 
Acknowledgements and satisfaction you have expressed, and 
the Assurances you have given, respecting the several Mat- 
ters mentioned in my Speech afford me particular pleasure as 
they indicate a disposition the most likely to be productive 
of Advantage to your Country. 

The House Continued till Wednesday October 18 th 1769. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 45 

The House met 

Present. 

f Peter Kemble ^ 
j Charles Read 

The Hofible { John Smith }> Esquires 

j Samuel Smith 
(^ Richard Stockton. J 

M r John Smith from the Committee appointed to prepare 
a Draught of an Address to his Excellency reported that 
they had prepared the Draught of an Address accordingly, 
which he delivered in and the same being read was approved 
of by the House. 

Ordered that the same be Engrossed. 

The Engrossed Address to his Excellency being read. 
Ordered that the Speaker do sign the same. Ordered that 
M r Samuel Smith and M r Stockton do wait on the Governor 
and acquaint him that they have agreed on an Address to his 
Excellency, and desire to know when his Excellency will be 
pleased to receive the same. 

The Bill Entituled an Act to prohibit the setting Nets 
Seins and other Devices in the Rivers Rariton & South 
River &c was read a second time and ordered a third reading. 

M r Samuel Smith and M r Stockton returned and reported 
that they had Obeyed the above Order, and that his Excel- 
lency was pleased to say he would let the House Know when 
he would be ready to receive their Address. 

A Message from the Assembly in the words following. 
" Ordered that M r Fisher, M r Wetherill, M r Miller, M r 
" Hart, M r Hartshorne, and M r Price, or any three of them 
" be a Committee to join a Committee of the Council, to 
" settle the Eastern and Western Treasurers Accounts, and 
" burn the Cancelled Money in the Hands of the Western 
" Treasurer, and make report to the House. And that M r 
" Johnston and M r Hewlings, do inform the Council thereof, 
" and desire the Council to appoint a Committee for that pur- 
" pose, together with the time and Place of Meeting." 



46 NEW JERSEY COLONIAL DOCUMENTS. [1769 

His Excellency having signified to the Council that he was 
ready to receive their Address the House waited upon his 
Excellency and delivered their Address in the following 
words. 

To his Excellency William Franklin Esquire Captain 
General Governor and Commander in Chief in and over the 
province of New Jersey and Territories thereon depending in 
America, Chancellor and Vice Admiral in the same &c 

The Humble Address of his Majestys Council of the said 
Province. 

May it please your Excellency. 

The Attention which your Excellency has shown to the 
true Interest of this Province in the several Important 
instances mentioned in your Speech at the opening of this 
Session, claims our warmest Acknowledgements. 

Your Knowledge of the many Inconveniencies which the 
People under your Government are subjected to by the want 
of an Emission of Paper Currency, both as a Medium of 
Commerce, and to assist them to pay for, and improve their 
Lands having enabled you to become an Advocate for their 
obtaining such Relief, as may be in some Measure adequate 
to their necessities. We hope the Continuance of your Kind 
and just representations to our most gracious Sovereign will 
speedily be crowned with such Success as we are Convinced 
must be extremely agreeable to the province. 

We are well pleased that your attendance at the Treaty at 
Fort Stanwix has been so Evidently productive of the 
desired Effects, and that the Indians are perfectly satisfied of 
the Justice and Honour of this Government in all Publick 
Transactions with them, and that all those who have had any 
Connection with this province as well as in any other nation 
are thoroughly convinced that no Indians whatever can have 
any future Claim upon us : which must eventually contribute 
greatly to the Peace of the Province in General, and to the 
particular security of our Frontier Inhabitants in all future 
times. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 47 

The Ardour with which your Excellency hath pursued 
every step which seemed likely to produce a discovery of the 
perpetrators of the villianous Robbery, committed on the 
Eastern Treasury hath given us great pleasure, and We 
assure you we shall most heartily continue to assist your 
Excellency with our utmost Endeavors to effect this import- 
ant purpose, and join in every reasonable proposal for the 
further Security of the Publick Money. 

Your Excellencys recommendation of Harmony to the 
several Branches of the Legislature and to avoid every thing 
which might tend to widen the unhappy differences subsist- 
ing between Great Britain and her Colonies shall on our part 
be carefully attended to, and We return you our hearty 
thanks for your assurances of chearfully co-operating in 
every measure proposed for his Majesty's Service or the Pub- 
lick welfare. 

Council Chamber ) Signed by order of the House 
October 18 th 1769. / PETER KEMBLE Speaker 

To which his Excellency was pleased to return the follow- 
ing Answer. 

Gentlemen. 

Be pleased to accept my best thanks for this Address. I 
receive with great Satisfaction your approbation of my Con- 
duct, and have the firmest reliance upon the assurances you 
give me. 

The House Continued till Thursday October 19 th 1769. 

The House met. 

Present 

f Peter Kemble ^| 
j Charles Read 

The Honble <{ John Smith }> Esquires 

| Samuel Smith j 
L Richard Stockton. J 



48 



NEW JERSEY COLONIAL DOCUMENTS. 



[1769 



The Bill Entituled an Act to prohibit the Setting Nets, 
Seins, and other Devices in the Rivers Rariton and South 
River to obstruct the Fish going up in the proper Seasons of 
the year, and to preserve the Fry and young Brood of Fish 
from being destroyed in the said Rivers having been read a 
third time 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Read do acquaint the House of Assem- 
bly therewith. 

The House Continued till Friday the 20 th October 1769. 

The House met. 



The Hofible 



Present 

Peter Kemble Samuel Smith 
Charles Read James Parker 
John Smith Richard Stockton 



Esq r 



The House Continued till Saturday 21 st October 1769 



The Hofible 



The House met. 

Present. 
Peter Kemble 
Charles Read 
John Smith 
Samuel Smith 
James Parker 
Richard Stockton 



Esquires 



M r Pearson and M r Smith from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act for laying a Duty on the purchasers of Slaves im- 
ported into this Colony. 

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



1769] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



49 



" Ordered, that M r Paxson, and M r Smith do inform the 
" Council that Aaron Learning Esq is added to the Commit- 
" tee of this House, for settling the Treasurers Accounts " 

The Bill Entituled an Act for laying a Duty on the pur- 
chasers of Slaves imported into this Colony was read the 
first time and ordered a Second Reading. 

M r Read reported that he had obeyed the Order of the 
House of the 19 th instant. 

The House Continued till Monday 23 d October 1769. 

The House met 



Present. 
Peter Kemble 
Charles Read 
John Smith 
John Stevens 
Samuel Smith 
James Parker 



The Honble 



> Esquires. 



The Bill Entituled An Act for laying a Duty on the pur- 
chasers of Slaves imported into this Colony was read a 
Second time and committed to the Members of this House or 
any three of them. 

The House Continued till Tuesday 24 th October 1769. 



The Honble 



The House met 

Present. 
Peter Kemble. 

Charles Read Samuel Smith 
John Smith John Ladd 

John Stevens Richard Stockton 



Egq" 



Ordered, that M r Stevens, M r Ladd, and M r Stockton or 
any two of them be a Committee to join a Committee of the 
House of Assembly to Settle the Eastern and Western Treas- 

4 



50 NEW JERSEY COLONIAL DOCUMENTS. [1769 

urers Accounts and burn the cancelled Money in the Hands 
of the Western Treasurer, and that the said Committee meet 
for that purpose at the House of M r Treasurer Smith to 
morrow morning at 9 o'Clock, and that M r John Smith do 
acquaint the House of Assembly therewith. 

M r Day and M r Demarest presented for the concurrence of 
this House a Bill Entituled an Act to Amend An Act 
appointing Commissioners for finally settling and determin- 
ing the several Rights, Titles and Claims to the Common 
Lands of the Township of Bergen &c, with sundry Petitions 
and Vouchers ; which were read the first time and ordered a 
Second reading. 

M r Stockton from the Committee to whom was referred 
the Bill Entituled an Act for laying a Duty on the pur- 
chasers of Slaves imported into this Colony, reported that the 
Committee had gone through the same and made several 
Amendments, which he was ready to report when the House 
would be pleased to receive the same. 

Ordered that the said report be made immediately. M r 
Stockton read the said Amendments in his place and deliv- 
ered them in at the Table, and the same being read a Second 
time, were agreed to by the House and ordered to be En- 
grossed. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present. 
Peter Itemble 

f Charles Read Samuel Smith "j 
The Hoilble I John Smith John Ladd I Esq" 

I John Stevens Richard Stockton ) 

M r John Smith reported that he had Obeyed the Order of 
the House of this Morning. 

The Engrossed Amendments to the Bill Entituled An Act 



1769] JOUBNAL OF THE PKOVINCIAL COUNCIL. 51 

for laying a Duty on the purchasers of Slaves Imported into 
this Colony being read and Compared 

Ordered that the Speaker do sign the same. 

The Bill Entituled An Act for laying a Duty on the pur- 
chasers of Slaves imported into this Colony, having been 
read a third time, with the Amendments thereto annexed 

On the Question 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do carry the same Bill and 
Amendments to the House of Assembly, and desire their 
^Concurrence to the said Amendments. 

The House Continued till Wednesday 25 th October 1769 



The House met Present 

{Peter Kemble Samuel Smith ^ 

CharteRead John Ladd l fi 

John Smith James Parker 

John Stevens Richard Stockton J 

The House Continued till Thursday 26 th October 1769 

The House met 

Present 

{Peter Kemble Samuel Smith ^ 
Charles Read John Ladd I E 

John Smith James Parker 
John Stevens Richard Stockton J 

M r Stockton reported that he had obeyed the Order of the 
House of the 24 th Instant 

The House Continued till 3 o'clock P. M. 



52 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The House met 

Present 
Peter Kemble 
r Charles Kead John Ladd ^ 

TU TT ui J J nn Smith James Parker 
The Honble S T , OA -d j a ^ r Esq rs 

John Stevens Fred : Smyth 

I Samuel Smith Bich d Stockton J 
The House Continued till Friday 27 th October 1769 

The House met 

Present 

Peter Kemble 

r Charles Read John Ladd 

rni TT ui J J nn Smith James Parker , , 
The Honble < T , Ot -~ , > Esq r 

John Stevens Fred : Smyth 

v. Samuel Smith Eich d Stockton 
The House Continued till 3 o'Clock P. M. 



Present 
Peter Kemble 
C Charles Read John Ladd ^ 

mi TT LI J John Smith James Parker 
The Honble S T , ^ -, } Esq rs 

John Stevens Fred : Smyth 

I Samuel Smith Rich d Stockton J 

A Petition from Mary Pinhorne relative to the Common 
Lands belonging to the Island of Secaucus in the County of 
Bergen praying that Commissioners may be appointed for 
the subdivision of said Commons was read the first time and 
Ordered a second reading. 

The Bill Entituled an Act to Amend an Act Entituled An 
Act appointing Commissioners for finally settling and deter- 
mining the several, Rights, Titles &c of the Common Lands- 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 53 

of the Township of Bergen and making Partition thereof 
<fe c wa s read the Second time Ordered that the same be 
committed to the members of this House or any three of 
them. 

The House Continued till Saturday 28 th October 1769 



The House met 

Present 
Peter Kemble 
r Charles Head John Ladd 



The Hoflble ^ n mith , am f J> Esq" 

I John Stevens Fred: Smyth 

I Samuel Smith Rich* Stockton J 
The House Continued till Monday 30 th October 1769 

The House met 

Present 

c Peter Kemble Samuel Smith ^ 
The Hoflble-| Charles Read James Parker VEsq" 

I John Smith Fred: Smith. J 

A Petition from Michael Henderson praying for certain 
Reasons therein mentioned that he might be admitted to the 
Benefit of an Insolvent Act, which was read the first time 
ordered a Second reading. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

f Peter Kemble Samuel Smith ^ 
The Honble< Charles Read James Parker VEsq" 

I John Smith Fred: Smyth. J 

The House resumed the Consideration of the Amendments 
to the Bill Entituled An Act for laying a Duty on the pur- 



54 NEW JERSEY COLONIAL DOCUMENTS. [1769 

chasers of Slaves Imported into this Colony, which being 
read in their Places. 

On the Question 

Resolved, that this House do agree to the first and Second 
Amendment, and also to the first Clause of the third Amend- 
ment, and to the Second, third, and fourth Sections of the 
third Amendment, with the following. Amendments to the 
Amendments of the Council viz* 1" Section 2* Line 5 th 
leave out the words above the age of thirty yir, 2* Section, 
2* Lane 11* instead of the word one insert the word two. 

"Ordered that M r Fisher, and Mr Paxson do cany back 
the said Bill with the Councils Amendments, to the Council 
and Acquaint them that this House hath agreed to the several 
Amendments made by the Council with two Amendments 
made by this House, and desire the Concurrence of the 
Council." 

Which said Amendments having been twice read. 

Resolved that this House do agree to the same, and order 
the said Bill to be Engrossed as Amended. 

M r Hinchman, and M T Sharp from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act to Enable the Owners and Possessors of the Meadows 
and Marshes bounding on Delaware River between the Lands 
of John Mecon, and Allen Congleton, c and also a Bill 
Entituled An Act to Enable sundry of the Owners and 
Possessors of Meadows or Tide Marsh lying on Newton 
Creek to Erect and maintain a Bank, Dam, and other Water 
Works &c, which were read the first time and ordered a 
Second Reading. 

The House Continued till Tuesday 31* October 1769 

The House met 

Present 
Peter Kemble 

f Charles Read Samuel Smith ^ 
The Hofible^ John Smith James Parker vEsq" 

I John Stevens Fred : Smyth ) 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 55 

The Bill Entituled An Act to Enable the Owners and 
Possessors of the Meadows &c on Delaware River in Lower 
Penns Neck to stop out the Tide from overflowing the same ; 
And Also the Bill Entituled An Act to Enable sundry of the 
Owners and possessors of Meadows or Tide Marsh on New- 
ton Creek to Erect and maintain a Bank &c were read a 
Second time, and ordered a third reading ; at the same time 
the Petitions and publick Notices of each of the said Bills 
were read, by which it appears that due Notice has been given 
of the Intention of the Petitioners respecting said Bills. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

{Peter Kemble Samuel Smith 
Charles Read James Parker 
John Smith Fred : Smyth 
John Stevens Rich d Stockton 

The Bill Entituled an act to Enable the Owners of the 
Meadows &c on Delaware River in Lower Penns Neck &c to 
stop out the Tide from overflowing the same, being read the 
third time 

On the Question 

Resolved, that the same do pass 

Ordered that the Speaker do sign the same 

The Bill Entituled an Act to Enable sundry of the Owners 
and Possessors of Meadows and Tide Marsh on Newton 
Creek to Erect and maintain a Bank &c being read the third 
time 

On the Question 

Resolved, that the same do pass. 

Ordered that the Speaker do Sign the Same 

The House Continued till Wednesday November 1 st 1769. 



56 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The House met 

Present 

Peter Kemble Samuel Smith 

The Hofible Charles Read James Parker Esq" 

John Smith Fred : Smyth 

John Stevens Rich d Stockton 

The House Continued till Thursday November 2 d 1769 

The House met 

Present 
Peter Kemble 

{Charles Read John Ladd ^ 

John Smith James Parker l 

John Stevens Fred : Smyth 

Samuel Smith Rich d Stockton J 

The Engrossed Bill Entituled An Act for laying a Duty 
on the purchasers of Slaves imported into this Colony, was 
read and compared, and by Order of the House signed by 
the Speaker. 

Ordered, that M r Parker do carry the same to the House 
of Assembly with the former Bill and Amendments of both 
Houses, and acquaint them that this House have agreed to 
their Amendments of the Amendments of this House, and 
have engrossed, examined and signed the same, in order that 
the same be examined by the House of Assembly* and signed 
by their Speaker. And that M r Parker do acquaint the 
House of Assembly that this House have passed the two 
last mentioned Bills without any Amendments. 

M r Parker reported that he had obeyed the foregoing 
Order of the House. 

M r Hewlings, and M r Bullock from the House of Assem- 
bly presented to this House the Re- engrossed Bill with the 
Councils Amendments together with the Amendments made 
thereto by the House of Representatives, Entituled An Act 
for laying a Duty on the purchasers of Slaves imported into 
this Colony signed by the Speaker of the House of Assembly. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 57 

M r Stevens from the Committee appointed to meet a 
Committee of the House of Assembly to settle the Treasurers 
Accounts, reported that the said Committee had met accord- 
ing to appointment, and had settled and stated the Account 
of Andrew Drummond and Company, And Also the Wes- 
tern Treasurers Accounts, and had burned the Cancelled 
Money in the Western Treasurers Hands, which Accounts 
respectively he was ready to report when the House would 
be pleased to receive the same. 

Ordered, that the said report be made immediately 
Whereupon, M r Stevens read the said Accounts in his place, 
and delivered them in at the Table, and the House having 
read and Considered the same. 

On the Question, approved thereof. 

Ordered, that the said Accounts be entered at length on 
the Journals of this House, and are as follows, viz : 



D r Andrew Drummond & Company of London to the C r 
Province of New Jersey 

On Account of Monies granted by Parliament to the Colonies 

To Cash they reced of By Fees to Clks. & 

the Lords Commiss rs other Charges 

of the Treasury, being on receiving the 

the proportion due to first Sum as ^ 

this Province, out of their Letter 

the first Sum granted Dated August 

by Parliam* to the 23*1760 52 ., 16 6 

Colonies, as ^ their By d d on receiv- 

LetterAug 8t 23 d 1760, 9166,, ,, ing the Second 

To ditto out of the Sec- Sum as ^ Letter 

ond Sum as ^ their dated 10 th April 

Letter dated 10 th 1762 22,,18,,4 

April 1762. 9484,, 2,, 4 By d<> do on receiv- 
'To ditto out of the third ing the third 
Sum as f& their Let- Sum as ^ Letter 
ter dated 14 th August dated August 
1762 8861,,12,, 14^1762 20,,13,,8 



58 



NEW JERSEY COLONIAL DOCUMENTS. 



[176& 



To ditto out of the fourth 
Sum as ^ their Let- 
ter & the ace* dated 
April 14* 1764 12394 ,,11,, 4 

To ditto out of the fifth 
Sum as $ their Let- 
ter & the Acct dated 
Aug'tll. 1764 4567,,16,, 4 



44474,, 2,, 
To a "Bill remitted by 
S. Smith Esq. in pur- 
suance of an Act of 
Assembly 67 ,,16,, 4 



44541 ,,18,, 4 



By d d on receiv- 
ing the fourth 
Sum as $ Letter 
& Ace* dated 14* h 
April 1764 25 ,,15,, 5 

By do d on receiv- 
ing the fifth 
Sum, as $ Acc fc 
dated August 
llth 1764 23 ,,19,, 2 



146,, 3,, 1 

By Bills of Ex- 
change drawn 
by S. Smith Esq 
Western Treas- 
urer 23246,, 7,, O 

By Bills of Ex- 
change d rawn by 
A. Johnston & 
Step n Skinner 
Esq" Eastern 
Treasurers 21081 11 10 



By Interest on the 
Exchequer Tal- 
lies which We 
Credited the 
Province, but 
was afterwards 
Obliged to repay 
See Letter dat^d 
9 th February 
1765. Also Act 
of Assembly 



44474,, 2,,- 



67 ,,16,, 4 



44541 ,,18,, 4 

Errors Excepted Nov r 2 d 

1769 

By Order of the Committees 
JN STEVENS 
AAKON LEAMING 



1769] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



59' 



D r Samuel Smith Esq r Treasurer Parliamentary 
Donation Ace* 



C< 



To Amount of the pro- 
portion drawn for by 
the Western Treasu- 
rer out of the Sum 
allotted New Jersey, 
from the first Parlia- 
mentary Grant 4751 5 11 J 

To ditto out of the Sec- 
ond do 4998,, 8,, 5 

To d out of the third d.. 4619,, 7,, 1 

To d out of the fourth 
do 4482,, 



In 

To d out of the fifth do.. 4395,, 4,, 



The Sum drawn by the 

Western Treasurer... 23246,, 7,, 

To Cash reced of Doctor 
Moore Treasurer of 
Pennsylvania in pur- 
suance of an Act of 
Assembly 1757,, 3,, 



Stirling 25003 ,,10,, 

The above Sum of 
25003 10 Ster- 
ling at the several 
rates of Exchange 
deducting Charges, 
Amount in proclama- 
tion Money as it passes 
in West Jersey 42446 10 4f 



By Cash p* Ste- 
phen Skinner 
Esquire Treasu- 
rer of the East- 
ern Division, 
being the pro- 
portion due on 
Monies received 
from Connecti- 
cut and Penn- 
sylvania 969 ,,16,, 

By a Bill remitted 
And w Drum- 
mond &c for 
Cash they by 
mistake over- 
paid the Prov- 
ince see Act of 
Assembly. 

Sterling...67,.16,,4 

Exchange, 
165 p. ct. 

44,, l,,7j 

Ill 17 llf 

By Ballance re- 
ported in the 
Treasurer's Fa- 
vour June 5 th 
1765 and direct- 
ed to be carried 
to the Account.. 9915 18 9f 

Ballance carried 
to support of 
Government & 
Sinking Fund 
Ace* 31448 ,,17,, 7 

Proc : Money as it 
passes in West 
Jersey 42446 ,,10,, 4| 

Errors Excepted Nov r 2 d 

1769. 

By Order of the Committees 
Js STEVENS 
AARON LEAMING 



60 
D< 



NEW JERSEY COLONIAL DOCUMENTS. 



[1769 



Samuel Smith Esq Treasurer. Support of Governm* 
& Sinking Fund Ace* 



1765. 


By sundry 
Vo u. c h 6 r s 


To Balance Crd* from 


from No 1 


the parliamentary 


to No 163 in- 
clusive, all 


Donation Account.... 31448,, 17 7J 


examined 
allowed 


Aug 8t 24 th To Cash re- 


and Indor- 


ced of James Parker 


sed the 26th 
Octor last. ..8175 16 8 


Esq. on Ace* the 
Province Lotteries. . . 82 


By Current 
Bills of 
Credit can- 


1767. 


celled by 


July 16 th To ditto reced 


the Justices 
as ^ their 


of ditto 35 


Certificate 


Nov 2 d To the sinking 


in May 1766 
and burned 


Fund Tax for the 


by the Com- 
mittees this 


TTT i f"^y-kii*-4-ir\ci -fVv 


day .. . 4678 6 


vv GSicrri vyOuiiLics lor 
this year viz* 


By do can- 
celled by 


Burlington 475,, 10,, 


do as ^ 


Gloucester 306,, 5,, 


their Certi- 


Salem 272 ,,12,, 6 
Cumberland... 140 ,, 


ficate in 
May 1767 
and burn- 


Cape May 65 ,,10,, 


ed by the 


Hunterdon 558 ,,10,, 


Commit- 
tees this 


Jdorr.is & Sus- 


day 7284 3 6 


sex 219 ,,11 ,,11 
2035 19 5 


By do can- 
celed by do 

oo go, thpir 


33601 ,,17,, 01- 


no ^ incir 
Certific ate 
in May 




1768 and 




burned by 




the Com- 




mittees this 




day 5004 8 9 



Ballance carried to 
Support of Gov- 
ernmtAcc 4 8459,, 7,, 



33601 ,,17,, Oi 

Errors Excepted Nov r 2 d 

1769. 

By Order of the Committees 
JOHN STEVENS 
AARON LEAMING 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 61 

D r Samuel Smith Esq Treasurer. Support of C r 

Government Ace* 



1768. 
To Ballance brot from 

Ace* of Support of 

Governm* & sinking 

Fund 8459,, 7,, 7 

Nov r 21 st To Cash reced 

of Daniel Ellis Esq r 

for the Duty upon a 

Negro 9 ,,10,, 

1769. 
Febry To Cash reced of 

Isaac Pearson Esq 

being a Forfeiture on 

the Gaol Act ,,12,, 6 

Jnne 16 th To Cash reced 

of Wilson Hunt in 

part of the Ballance 

due from him to the 

Province. 350,, 

July 
To Cash reced of Joseph 

Borden Esq being the 

Ballance of his Ace* 

as settled by the Com- 
mittee of Assembly 

except articles then 

unsold 106,, 3,, 6 



By sundry Vouch- 
ers from No 164 
to No 200 in- 
clusive all ex- 
am' 1 allowed and 
Indorsed the 
26 th of October 
last 1711,, 4,, 8 

Ballance due to 
.the Province.... 7214, 8,,10| 



8925 ,,13,, 1\ 



8925 ,,13,, 1\ 



Memorandum. The following Arrears as reported in 1765 
appear to be still out standing. 
To Burlington an Old Arrear in the Loan 

Office, as f Report in 1753 18 

Ditto in ditto as ^ ditto 13,, 

Ditto in Cape May in 1738 



8 ,,11 



An Arrear in Burlington as f* Report in 
1758 .. 



32,, 0,, 9 



-62 NEW JERSEY COLONIAL DOCUMENTS. [1769 

D in Salem as ^ d Interest Money in 1752.. 3,, 0,, 6 
An Arrear out standing in Salem Loan 

Office, principal Money which com- 

menced either in 1745, 1746, 1747 ...... 463 4 6 

Deficiency in Hunterdon in the 6000 Tax 

in June 1752 as ^ Report in 1758 ...... 6 

Ditto in Ditto as f Ditto ....................... 1 11 9| 



Errors Excepted Nov r 2 d 1769. 

By Order of the Committees. 

JN STEVENS 
AARON LEAMING. 



D r Samuel Smith Esq Treasurer Sinking Fund Ace* C r 

1768. By Current Bills 



Nov r To the Sinking 








of Credit cancel- 




Fund Tax directed to 








led by the Jus- 




be raised this year 








tices and Free- 




viz* 








holders as ^ 




Burlington 


1562 


14, 


* 8 


their Certificate 




Gloucester 


977,, 


5, 


1* 


in May 1769 and 




Salem 


873,, 


3 


7|- 


burned by the 






442,, 


14, 


7* 


Committees this 




Cape May ..... 


208,, 


17, 




day * 4501 


2 




1772 


3, 


1H 


Ballance 2030 


8,, 1 






1 A 


111 








694,, 


10, 


lit 


6531 


10,, 1 


A 


>/>ro-i 


in 


T 







Errors Excepted Novem- 
ber 2 d 1769 

By Order of the Committees 
JN STEVENS 
AARON LEAKING 

The House Continued till Friday November 3 d 1769. 



1769] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



63 



The House met 

Present 
Peter Kemble 
r Charles Read John Ladd. 



The Honble 



^ 

J ^ n f mifch Jam f ****** I Esq 
| John Stevens Fred : Smyth 

I Samuel Smith Eich d Stockton J 



The House Continued till 3 o'Clock P. M. 

The House met 

Present 
The Honble Peter Kemble Esq Samuel Smith 



R* Honble 



The Honble 



-\ 



W m Earl of Sterling John Ladd. 

Charles Read James Parker } Esq 

John 8mith Fred : Sm ? th 

John Stevens Rich d Stockton J 



The House Continued till Saturday November 4 th 1769. 



The House met. 

Present. 

The Honble Peter Kemble Esq 
R* Honble W m Earl of Stirling 

c Charles Read 
The Honble^ John Smith 
I John Stevens 



Samuel Smith -N 
John Ladd 
James Parker \ 
Fred: Smith 
Rich d Stockton J 



Esq r 



M r Read from the Committee to whom was referred the 
Bill Entituled An Act to Amend An Act Entituled An Act 
appointing Commissioners for finally settling and determining 
the several Rights, Titles and Claims to the Common Lands 
of the Township of Bergen, and for making Partition thereof 
in just and equitable Proportions among those who shall be 
adjudged by the said Commissioners to be Entitled to the 



64 NEW JERSEY COLONIAL DOCUMENTS. [1769 

same," reported that the said Committee had gone through 
the same, and having read the several Petitions for and 
against the said Act, and found that due Notice was given 
previous to the Application for the same, had made several 
Amendments to the said Bill to the Title thereof which he 
was ready to report when the House would be Pleased to 
receive the same. 

Ordered, that the said Report be made immediately 
Whereupon M r Read read the said Amendments in his 
place and delivered them in at the Table, and the same being 
read the Second time, were agreed to by the House and 
Ordered to be Engrossed. 

The House Continued till Monday November 6 th 1769 

The House met 

Present 

The Honble Peter Kemble Esq Samuel Smith -\ 

R* Honble W m Earl of Stirling John Ladd 

f Charles Read James Parker } 

The Honble < John Smith Fred : Smyth 

I John Stevens Rich d Stockton J 

The House Continued till Tuesday November 7 th 1769 
The House Met 



r Peter Kemble ) ^ Samuel Smith -\ 

I David Ogden J John Ladd 

R* Honble <| W m Earl of Stirling James Parker } 

The Honble | Charles Read Fred : Smyth 



John Smith Rich d Stockton 

John Stevens 

The House Continued till Wednesday November 8 th 1769.. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 65 

The House met 

Present 



David Ogden J Samuel Smith 

R* Honble W m Earl of Stirling John Ladd 

{Charles Read James Parker ! -g g 

John Smith Fred : Smyth | 

John Stevens Rich d Stockton J 

The House Continued till 3 o'clock P. M. 

The House met 

Present 

The Honble Peter Kemble Esq. 
R* Honble W m Earl of Stirling Samuel Smith -^ 

f Charles Read John Ladd I -p rs 

The Honble < John Smith James Parker. ( 

I John Stevens Fred: Smyth ' 

The Engrossed Amendments to the Bill Entituled' An Act 
to Amend an Act Entituled An Act appointing Commis- 
sioners for finally settling and determining the several 
Rights, Titles and Claims to the Common Lands of the 
Township of Bergen, and for making Partition thereof &c 
being read and compared 

Ordered, that the Speaker do sign the same. 

The Bill Entituled' An Act to Amend an Act Entituled 
An Act appointing Commissioners for finally settling and 
determining the several Rights, Titles, & Claims to the Com- 
mon Lands of the Township of Bergen, and for making 
Partition thereof &c having been read a third time with the 
Amendments thereto annexed, and the Amendm 8 to the title 
thereof 

On the Question 

Resolved, that the same as Amended do pass. 

5 



66 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Ordered, that the Speaker do sign the same 

Ordered, that M r Head do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concur- 
rence to the said Amendments 

The House Continued till Thursday November 9 th 1769 



The House met 

Present 

Peter Kemble \ - rs Samuel Smith ^ 
The Honble David Ogden J John Ladd 

R* Honble W tt Earl of Stirling James Parker [ ^ f 

c Charles Read 
The Honble < John Smith Fred: Smith 

I John Stevens Rich d Stockton ^ 

M r Read reported that he had Obeyed the Order of the 
House of yesterday 

The House Continued till Friday November 10 th 1769 



The House met 

Present 

The Honble David Ogden Esq Samuel Smith ^ 
R* Honble W m Earl of Stirling John Ladd I Eg 
Charles Read James Parker f 



The Honble s , , .., 

Fred: Smyth J 



M r Learning, M r Fisher, M r Paxson, M r Berrien, M r 
Hinchman and M r Demarest from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act for the support of Government of his Majestys 
Colony of New Jersey which was read the first time and 
ordered a Second Reading. 

The House Continued till Saturday November 11 th 1769 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 67 

The House met 

Present. 

The Honble Peter Kemble Esq. Samuel Smith 
R 4 Honble W m Earl of Stirling John Ladd 



The Honble | 



Charles Read James Parker ( 



John Smith Fred Smith. 

The House Continued till Monday Nov 13 th 1769 

The House met 

Present. 

The Honble Peter Kemble Esq Samuel Smith. ^ 
Jl fc Honble W m Earl of Stirling, John Ladd. I Eg 

The Honble/ Charles Read James Parker ' ( 

I John Smith Fred: Smith J 

M r Ogden and M r Price from the House of Assembly pre- 
sented the Re-Engrossed Bill with the Councils Amendments 
Entituled A Supplementary Act to the Act Entituled A 
Supplementary Act to the Act Entituled An Act appointing 
Commissioners for finally settling & determining the several 
Rights Titles and Claims to the Common Lands of the 
Township of Bergen &c 

They also presented for the Concurrence of this House a 
Bill Entituled An Act for the Encouragement of the making 
Iron, at the Works in the Townships of Evesham and 
Northampton in the County of Burlington which last men- 
tioned Bill was read the first time and ordered a Second 
Reading. 

The Re-ingrossed Bill Entituled a Supplementary Act to 
An Act Entituled An Act appointing Commissioners for 
finally settling and determining the Several Rights, Titles 
and Claims to the Common Lands of the Township of 
Bergen, and for making Partition thereof in just and Equit- 
able Proportions, among those who shall be adjudged by the 



68 NEW JERSEY COLONIAL DOCUMENTS. [176& 

said Commissioners to be Entitled to the same, being read 
Compared with the Amendments of this House. 

Ordered, that the Speaker do sign the same. 

The House Continued till Tuesday November 14 th 1769. 



The House met Present 



David Ogden J John Ladd 

R* Honble W m Earl of Stirling James Parker j> Esq r8 

Th TT Kl / ^^ n Smith Fred : Smyth j 

6 I Samuel Smith Rich* Stockton J 

The Bill Entituled an act for the Support of Government 
of his Majestys Colony of New Jersey &c was read a second 
time and ordered a third Reading. 

The House Continued till Wednesday the 15 th November 
1769. 



The House Met 

Present 

TU TT KI / Peter Kemble \ -r, 
The Honble < >Jt,sq ^ 

I David Ogden J John Ladd 

R* Honble W m Earl of Stirling James Parker ; 

T , w Wp / John Smith Fred : Smyth [ 

I Samuel Smith Rich d Stockton j 

The Bill Entituled an act for the Support of Government 
of his Majestys Colony of New Jersey to commence the 
twenty first day of May One thousand seven hundred and 
sixty nine, and to end the first day of October one thousand 
seven hundred and seventy, and to discharge the Publick 
Debts and Contingent Charges thereof having been read a 
third time 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 69 

Ordered, that M r S. Smith do acquaint the House of 
Assembly therewith. 

M r Smith reported that he had obeyed the Order of the 
House. 

The House Continued till Thursday November 16 th 1769. 



The House met 

Present 

rru TT ui f Peter Kemble 1 -^ rs 
The Honble 4 . V Esq rs ^ 

I David Ogden J John Ladd 

R* Honble W m Earl of Stirling James Parker ! E 

The Honble / John Smifch Fred : Smith I 

' \ Samuel Smith Rich d Stockton J 

M r Fisher, and M r Paxson from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an act to Erect Courts in the several Counties in this Colony 
for the Trial of Causes of ten Pounds & under, which was 
read the first time and ordered a Second reading. 

His Excellency came into Council, and having by the 
Deputy Secretary required the attendance of the House of 
Assembly, they attended accordingly, when his Excellency 
was pleased to give his assent to the following Bills. 

1 st An Act for the Support of Government of his Majesty's 
Colony of New Jersey, to Commence the twenty first day of 
May One thousand seven hundred and sixty nine, and to end 
the first day of October One thousand seven hundred and 
seventy, and to discharge the publick Debts and Contingent 
Charges thereof. 

2 d An Act for Laying a Duty on the purchasers of Slaves 
imported into this Colony. 

3. An Act to Prohibit the setting Nets, Seins, & other 
Devices in the Rivers Rariton and South River to obstruct 
the Fish going up in the Proper Seasons of the Year, and to 
preserve the Fry and young Brood of Fish from being de- 
stroyed in the said Rivers. 



70 NEW JERSEY COLONIAL DOCUMENTS. [176& 

4. A Supplementary Act to an Act Entituled An Act 
appointing Commissioners for finally settling and determin- 
ing the several Rights, Titles, and Claims to the Common 
Lands of the Township of Bergen, and for making Partition- 
thereof in just and Equitable Proportions among those who 
shall be adjudged by the said Commissioners to be Entitled 
to the same. 

5 An Act to enable Sundry of the Owners and Possessors 
of Meadows or Tide Marsh lying on Newton Creek to Erect 
and maintain a Bank, Dam and other Water Works across 
the said Creek in order to Prevent the Tide from overflowing 
the same, and to Keep the former Water Course of said 
Creek open and Clear. 

6 An Act to Enable the Owners and Possessors of the 
Meadows and Marshes bounding on Delaware River between 
the Lands of John Mecom and Allen Congleton in Lower 
Penns Neck, in the County of Salem to stop out the Tide 
from overflowing the same. 

Then the House of Assembly withdrew 

The House Continued till Friday November 17 th 1769. 

The House met 

Present 



f Peter Kemble \ E 
IDavidOgden ( 



The Honble -, _ ., _ , , M 

John Ladd 

R* Honble W m Earl of Stirling James Parker , Eg rfr 
Th H hi / J nn Smith Fred : Smyth 

6 I Samuel Smith Rich d Stockton 

The Bill Entituled An Act for the Encouragement of 
making Iron at the Works in the Townships of Evesham 
and Northampton in the County of Burlington was read a 
Second time and committed to the Members of this House or 
any three of them. 

M r Parker from the Committee to whom was referred the 
Bill Entituled An Act for the Encouragement of the making 



1769] JOURNAL OF THE PROVINCIAL, COUNCIL. 71 

Iron in the Townships of Evesham and Northampton in the 
County of Burlington, reported that the said Committee had 
gone through the same, and made several Amendments 
thereto, and an Amendment to the Title thereof, which he 
was ready to report when the House would be pleased to 
receive the same 

Ordered, That the said report be made immediately 
Whereupon M r Parker read the said Amendments in his 
Place, and delivered them in at the Table, and the same being 
read a Second time were agreed to by the House and ordered 
to be Engrossed. 

The House Continued till 3 o'Clock P: M: 



The House met 

Present 



The Honble {Tumble W T . ' 

I David Ogden J John Ladd ^ 

R* Honble W m Earl of Stirling James Parker I Eg rs 
Tli TT hi /John Smith Fred: Smyth [ 

6 I Samuel Smith Rich* Stockton J 

The Engrossed Amendments to the Bill Entituled An Act 
for the Encouragement of the making Iron &c being read 
and Compared. 

Ordered, that the Speaker do sign the same The Bill 
Entituled An Act for the Encouragement of making Iron in 
the Township of Evesham and Northampton in the County 
of Burlington having been read a third time, with the 
Amendments thereto annexed and the Amendment to the 
Title thereof 

On the Question 

Resolved, that the same as Amended do pass. 

Ordered that the Speaker do sign the same 

Ordered, that M r Parker do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence to the said Amendments 



72 NEW JERSEY COLONIAL DOCUMENTS. [1769 

M r Price and M r Johnston from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act to Constitute and make great Timber Creek in Glou- 
cester County a lawfull Fence, from the Mouth thereof to 
the Fork, of the same, and to Build and maintain a Bridge 
over said Creek, near said Fork, from the Lands late Samuel 
Clements deceased, to the Lands late George Marples deceased 
which was read the first time and ordered a Second reading. 

M r Parker reported that he had obeyed the above Order of 
the House. 

The House Continued till Saturday November 18 th 1769. 



The House met 

Present 

{ ^ K * m , 

I David Ogden J John Ladd 



TheHonble } Esq" 

J 



R* Honble W m Earl of Stirling James Parker E rs 
T , , , / John Smith Fred : Smyth [ 

! I Samuel Smith Rich* Stockton J 

The Bill Entituled an Act to Constitute and make Great 
Timber Creek in Gloucester County a lawful Fence &c was 
read a Second time and ordered a third reading. 

The House Continued till Monday November 20 th 1769. 



The House met 

Present 

TheHonble j ? te f,^ m j >k } Esq" " Smith 
( David Ogden J John Ladd 

R fc Honble W m Earl of Stirling James Parker J- Esq" 

Th FT hi / Cnarles Read Fred : Smyth 

' I John Smith Rich d Stockton J 

The Bill Entituled An Act to Constitute and make Great 
Timber Creek in the County of Gloucester a lawfull Fence 
from the mouth thereof to the Fork of the same and to Build 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 73 

and Maintain a Bridge over said Creek near said Fork, from 
the Lands late Samuel Clements deced to the Lands late 
George Marples deceased was read a third time, and the 
Notices published in the Philadelphia Newspapers by the 
Petitioners for the same being Examined 

On the Question 

Resolved, that the said Bill do pass. 

Ordered that the Speaker do sign the same 

Ordered that M r Ogden do acquaint the House of Assembly 
therewith 

The House Continued till Tuesday November 21 st 1769 



The House met 

Present 

TheHonble / Peter Kemble 1 Esq" Samuel Smith ! 
I David Ogden ) John Ladd 

R* Honble W m Earl of Stirling } Esq 

The Honble 1 Charles Read Fred : Bm ? ih 

[ John Smith Rich d Stockton } 

M r Hartshorne and M r Bullock from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
Entituled an act to Rebuild & maintain the Bridge over 
Croswicks Creek, near Richard Browns Mill &c, and pre- 
sented at the same time the Petitions for the same. 

They also presented in like manner a Bill Entituled an act 
for the preserving of Oysters in the Colony of New Jersey : 
And a Bill Entituled an act for the recovering of Damages 
for Trespasses done by Swine. 

Which several Bills were read the first time & ordered a 
Second Reading. 

M r Berrien and M r Hinchman from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
Entituled an act for maintaining the Banks & Sluices and 
draining the Meadows on Mannington Creek in the County 
of Salem, and Repealing an act Entituled An Act to Enable 



74 NEW JERSEY COLONIAL DOCUMENTS. [1769' 

the Owners of the Meadows and Marshes adjoining to and 
on both sides of Mannington Creek, to stop out the Tide 
from overflowing them, which was read the first time and 
ordered a Second reading. 

They also presented the Bill Re-Engrossed with the 
Amendments of this House Entituled An Act to Grant 
certain Priviledges to the Owners of the Iron Works in the 
Townships of Evesham and Northampton in the County of 
Burlington, and of the Hibernia Iron Works in the Town- 
ship of Pequanack in the County of Morris which being 
read and compared with the said Amendments 

Ordered, that the Speaker do sign the same 

The Bill Entituled An Act for the better preserviDg of 
Oysters in the Colony of New Jersey was read a Second 
time, & committed to the Members of this House or any 
three of them. 

The Bill Entituled An Act for the recovering of Damages 
for Trespasses done by Swine was read a Second time, and 
committed to the Members of this House, or any three of 
them. 

The House Continued till Wednesday November 22 d 1769' 



The House met 

Present 

The Honble/ ^ Kemble ) E 

I David Ogden J Samuel Smith ^ 

R* Honble W m Earl of Stirling John Ladd ! E ri 

The Honble / Ch u arles ^ ^ J^ ) 

\ John Smith Rich d Stockton J 

The Petition of the Minister, Wardens and Vestrymen of 
Saint Marys Church in Burlington was read, shewing that 
An Act passed in the fifth Year of his present Majesty's 
Reign to Enable the Minister &c of the said Church to Sell 
a Tract of Land in Somerset County &c is now become- 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 75~ 

insufficient for the Purposes intended by the said Act, and 
praying that the said Act may be Amended. 

Ordered that M r Stockton do bring in a Bill for that 
purpose. 

M r Ogden Chairman of the Committee upon the Bill 
Entituled An Act for the better preserving of Oysters in the 
Colony of New Jersey, reported the same without Amend- 
ment 

Ordered, that the same be read a third time 

The Bill Entituled An Act for the better preserving of 
Oysters in the Colony of New Jersey, being read a third time 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

M r Ogden from the Committee to whom was referred the 
Bill Entituled An Act for recovering of Damages for Tres- 
passes done by Swine, reported the same without Amendment 

Ordered, that the same be read a third time 

The Bill Entituled An Act for recovering of Damages for 
Trespasses done by Swine being read a third time 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ogden do acquaint the House of Assem- 
bly with the aforesaid Conclusions. 

M r Ogden reported that he had Obeyed the foregoing 
Orders of the House. 

M r Stockton according to Orders brought in a Bill En- 
tituled a Supplementary Act to An Act Entituled An Act to 
Enable the Rev d M r Colin Campbell the present Rector of 
Saint Marys Church in Burlington, with the Church Wardens 
and Vestry Men of said Church or the Major part of them, 
to sell two hundred and six Acres of Land in Somerset 
County, devised to the Ministry of said Church, and to 
Enable Trustees to put the same to Interest untill a Con- 
venient Glebe can be purchased near the said Church, and 



76 NEW JERSEY COLONIAL DOCUMENTS. [1769 

other purposes therein mentioned which was read the first 
time, and ordered a second reading 

The Bill Entituled an Act to Rebuild & maintain the 
Bridge over Crosswicks Creek near Richard Browns Mill, and 
to make the same a County Charge, was read a Second time, 
and it not appearing that any publick Notice hath been given 
of the Bringing in the said Bill 

Ordered, that the same do Lie on the Table 

The Bill Entituled An Act for maintaining the Banks and 
Sluices, and draining the Meadows on Mannington Creek in 
the County of Salem &c was read a Second time and it appear- 
ing that publick Notice had been given of the Petitions for 
the same, it was ordered a third Reading. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

The Honble 1 ^ T K * m * 1 Esq" 

I David Ogden J Samuel Smith 

R' Honble W Earl of Stirling John Ladd ! 

The Honble / Charles Read Fred : Smyth f J 

I John Smith Rich d Stockton J 

The Bill Entituled An Act for maintaining the Banks and 
Sluices, and draining the Meadows on Mannington Creek in 
the County of Salem and repealing an Act Entituled an Act 
to Enable the Owners of the Meadows & Marshes adjoining 
to and on both sides of Mannington Creek to stop out the 
Tide from overflowing them, was read a third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith 

The Bill Entituled a Supplementary Act to an Act En- 
tituled An Act to Enable the Rev d M r Colin Campbell the 



1769] JOURNAL, OF THE PROVINCIAL COUNCIL. 77 

present Rector of 8* Marys Church in Burlington with the 
Church Wardens and Vestry Men of said Church or the 
Major part of them to sell two hundred and six Acres of 
Land &c was read a Second time and agreed to by the House 

Ordered, that the same be Engrossed 

The House Continued till Thursday November 23 d 1769. 



The House met 

Present 
f Peter Kemble 



The Honble -s _ / -I^DU ^ 

I David Ogden J Samuel Smith 

R* Honble W m Earl of Stirling John Ladd ! 

The Honble / Charles Read Fred : Smith I 

' \ John Smith Rich d Stockton J 

M r Johnston and M r Smith from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
an Act for the Relief of Isaac Bonnell Esq High Sheriff of 
Middlesex with respect to Escapes, which was read the first 
time and ordered a Second Reading. 

M r Stockton from the Committee appointed to meet a Com- 
mittee of the House of Assembly to settle the Treasurers 
Accounts, reported that the said Committees had met accord- 
ing to appointment, and had settled and Stated the Accounts 
of the Eastern Treasurer, which he was ready to report when 
the House would be pleased to receive the same, 

Ordered, that the said report be made immediately 

Whereupon M r Stockton read the said Accounts in his 
Place and delivered them in at the Table, and the House 
having read and Considered the same 

On the Question, approved thereof 

Ordered, that the said Accounts be entered at Length in 
the Journals of this House, which are as follows 



78 



NEW JERSEY COLONIAL DOCUMENTS. 



[1769 



D r Stephen Skinner Esq r Treasurer of the Eastern 
Division of New Jersey 



C r 



1766. 

.June 21st To 

the Old Defl- 

ciences out 

standing Mid- 
dlesex as $ 

report in 1760.. 18,, 18 ,,6J 
'To another ar- 

rearage in 

Middlesex as 

* Do 25,, ,, 



To Arrears in 

the Interest as 

$ the same 

report vizt 

Bergen 21 

Essex 72 

.Middlesex 38 ,,12 ,,7 



To Deficiency in Somer- 



set as ^ Ditto. 



1766 

June 21s* By sev- 
eral Old Defi- 
ciences men- 
tioned on the 
Debtors side 
which are fully 
'< 18 5J- explained in 
the report of 
November 1760, 
amounting to.... 117,, 3,, 3J 



132,, 



1,, 5,,- 
177,, 7,, 3J 



1766. 

.June 2l* l,,12,,3i 
which the Loan 
officers of Monmouth 
have Cancelled more 
than their Quota, & 
ought to be repaid 
them by the Treas- 
urer out of the 
42 ,,16,, that yet 
remains to be Sunk 
in Essex, see the Re- 
port December 12 th 
1761. page 50 

To part of the 109,, 
3,, 6 that Essex was 
Deficient in the 40,- 
000, & 20,000 prin- 
cipal Money as ^ 
Report, June 1754 
and December 1761... 



Principal 

1766 

June 21* By the 
Overplus Sunk 
in Monmouth, 
mentioned on 
the D r side of 
this Ace* 1,,12,, 31- 

By Deficiencies in 

Essex men- 
tioned on the D r 
side, and re- 
ported in De- 
cember 12 th 1761 
1,,12,, 3i page 51 42 ,,16,,- 

~u78,, 3* 



42 ,,16,,- 



November 22 d 1769. 

Errors Excepted By 
RICHARD STOCKTON 
AAKON LEAMING 



1769] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



79 



D r Stephen Skinner Esq r Treasurer in Ace* Current 
with the Province of New Jersey 



C r 



1766 

June 7 th to Ballance of 
the Parliamentary 
Donation Account.... 32861 14 10J 

To Cash reced 

from Jno 

Arison 175,, 3,, 3 

To do from 

do 12,, ,,- 

To do from 

do 63,, 2,, 6 

250,, 5,, 9 

24th To Do 
Hendrick 
Fisher Acct 
of Lottery.... 66,, 5,, 

25 To Do of 
Timothy Ed- 
wards 161,, 7,, 2 

1768 

Apr : 18th To 
Do of John 
Arison 58..14,, 

To Do of Ste- 
phen Crane.. 198,, 0,, 

To Do of Cor- 
nelius Hat- 
field Bal- 
lance of his 
Acct 61,, 10,, 2 

'To Do of Mat- 
theas Wil- 
liamson Bal- 
lance of his 

Acct 37,, 2,, 6 

582 ,,18 ,,10 

To Cash reced of the 
County Collectors to 
Compleat the Fund 
for 1767. viz fc 

Middlesex 487 ,,10,, 2 

Monmouth 706 ,,12 ,,11 

Somerset 600 ,,10 ,,11 

.Essex 418,, 15,, 7 

Bergen 354,, 9,, 1 

2567 18 8 

36262 ,,18,, H 

The Committees beg leave 
to recomend to the Council and 
Assembly the Examination of 
the above Article of 6570,, 
9 4 said to be Stolen from the 
Treasury as being improper for 
the Committees determination 



By Ballance of 
Ace* settled by 
the Committees 
of both Houses 
June 26 1766.... 8575 ,,18,, OJ 

By Sundry Vouch- 
ers from N 1 to 
45, inclusive, all 
examined al- 
lowed & In- 
dorsed the 6 th 
day of Novem- 
ber 1769 Acct of 
the War Fund.. 6130 6 4 

By Sundry Vouch- 
ers from N 1 to 
137 inclusive, 
all examined al- 
lowed & In- 
dorsed the 6 th 
day of Novem r 
1769 Acct of 
Government 2670,, 5 ,,11 

By Current Bills 
of Credit can- 
celled by the 
Justices & Free- 
holders of 
Midd x being the 
amount of the 
Sinking Fund 
for 1767 $ Cer- 
tificates 5968,, 9 ,,10 

Ballance due to 
the Province in- 
cluding the Sum 
of 6570 ,9, .4 
Stolen from the 
Treasury the 
21t July 1768, 
& which the 
Treasurer prays 
to be allowed.... 12917 ,,18,, 



36262 .,18,, 

November 22 d 1769 
Errors Excepted By 
RICHARD STOCKTON 
AARON LEAMING 



80 



NEW JERSEY COLONIAL DOCUMENTS. 



[1769 



D r Stephen Skinner Esq r Treasurer Parliamentary 
Donation Ace* 



To Amount of 
the Propor- 
tion allotted 
the Eastern 
Division of 
the Province 
of New Jer- 
sey out of the 
Parliament- 
ary Dona- 
tion, drawn 
for by the 
late Treasu- 
rer being the 
Sum allotted 
New Jersey 
from the first 
Parlia men- 
Grant 4361 ,,17 ,,6 

To do out of 
the Second... 4599,, 19 ,,7 



8961 ,,16,, 1 



These two articles 
were drawn for by 
Andrew Johnston 
Esq and in the Set- 
tlement of his Ace* 
delivered over to 
Stephen Skinner 
Esq present Treas- 
urer. 

To Amount of 

the Propor- 

tion drawn 

for by Ste- 

phen Skin- 

n e r Esq. 

Treasurer 

out of the 

Sum allotted 

New Jersey 

the 3d Par- 

liamy Dona- 

tions ............ 4221 ,,11 ,,3 

To ditto 4th 

ditto ............. 4180,, 6,,9 

To ditto 5. 



8 



By 137 ,,4,, 
Sterling Ace* of 
the Tallies 
charged Ste- 
phen Skinner & 
included in the 
Draught of the 
late Treasurer 
And w Johnston 
Esq and settled 
by Samuel 
Smith Esq. 
Western Treas- 
urer 137,, 4,, 

By Ballance ac- 
counted for by 
Bill drawn by 
And w Johnston 
Esq late Treas- 
urer & Stephen 
Skinner Esq 
Treasurer of the 
Eastern Divi- 
sion p Ace* , 
below ...21081 ,,11 ,,10 



Allotted the East- 
ern Division ^ 
Drummonds 
Account ,21218 ,,15,, 



21218 ,,15,, 9 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 81 

D r Stephen Skinner Esq r Treasurer Parliamentary C r 
Donation Acc fc 



To above Ballance 21081 11 10 

To Cash reced. of the 
Colony of Connecti- 
cut 580 ,,13,, 2 

To ditto of Samuel 
Smith 562,, 4,, 1 

The above Sum of 
22224,,9,,1 Sterl- 
ing, at the Several 
Kates of Exchange, 
at which the Bills 
were Sold, deducting 
Charges amounts in 
Proclamation Money 
as it passes in West 
Jersey to 37221,, 9 10 



By Sundry Debts 
outstanding on 
this Ace* 4359 ,,14,, llf 

By Ballance car- 
ried 'to General 
Account 32861 14 10 J- 

37221,, 9 ,,10 



The Committees beg leave to 
recommend to the Council and 
Assembly an inquiry into the 
State of the Outstanding Debts 
contained in the above article of 
4359 ,,14 ,,11} as the Securi- 
ties for the payment thereof have 
not been laid before the Com- 
mittees. 



November 22 d 1769 
Errors Excepted By 
RICHARD STOCKTON 
AARON LEAMING 



6 



82 NEW JERSEY COLONIAL DOCUMENTS. [1769 

D* Stephen Skinner Esq Treasurer Sinking Fund C r 

Account 

1768 1769 

JNov 21* By Sundry May 10 th To 

Taxes reced from the Sundry Bills of 

Collector to compleat Credit laid be- 

ihe Sinking Fund for . fore the Justices 

1768 viz* and Freeholders 

Tfliddlesex County 1132,, 18 lOf of Middlesex, 

Monmouth 1642 ,,18,, 5J and Cancelled 

Somerset 1395,, IS,, 6 by them, as $ 

Essex..... 973,, 4,, 2 Certificate No 1, 

Bergen 823 ,,14,, 9 now produced 

Q 10 in P art of the 
9 ,,10 Sinking Fund 

for 1768, not yet 

burned 4565 ,,16,, 6 

To Ballance re- 
maining in the 
Treasurers 
Hands not yet 
Cancelled... ..... 1402 ,,13,, 4 

5968,, 9 ,,10 



November 22 d 1769 
Errors Excepted By 
RICHARD STOCKTON 
AARON LEAMING 

The Engrossed Bill Entituled a Supplementary Act to an 
Act Entituled An Act to Enable the Rev d M r Colin Camp- 
bell the present Rector of Saint Marys Church in Burlington 
with the Church Wardens and Vestry Men of said Church 
or the Major part of them to sell two hundred and Six Acres 
of Land in Somerset County devised to the Ministry of said 
Church, to Enable Trustees to put the same to Interest untill 
a Convenient Glebe can be purchased near the said Church 
and other purposes therein mentioned, being read and Com- 
pared 

On the Question 

Resolved, that the same do pass. 



1769] JOURNAL OP THE PROVINCIAL COUNCIL. 83 

Ordered, that the Speaker do Sign the same 
Ordered, that Lord Stirling do carry the said Bill to the 
House of Assembly and desire their Concurrence thereto. 
The House Continued till 3 o'Clock P. M. 



The House met 

Present 



The Honble ble } Esq< 

I David Ogden J Samuel Smith ^j 

R* Honble W m Earl of Stirling John Ladd I Eg ts 

The Honble I Charles Read Fred : Sm F th | 

\ John Smith Rich d Stockton J 

The Bill Entituled An Act for the Relief of Isaac Bon- 
nell Esq High Sheriff of Middlesex, with respect to Escapes, 
was read a Second time, and ordered a third reading 

The Bill Entituled An Act to Erect Courts in the several 
bounties in this Colony for the Trial of Causes of Ten 
Pounds and under was read a Second time, and committed to 
the Members of this House or any three of them. 

Lord Stirling reported that he had obeyed the Order of 
the House of this Morning. 

The House Continued till Friday November 24 th 1769 

The House met 

Present 

WL TT ui f Peter Kemble \ -p. 
The Honble < VEsq" 

I David Ogden J Samuel Smith ^ 

R* Honble W m Earl of Stirling John Ladd I -, re 
w / Charles Read Fred : Smyth f J 

5 I John Smith Rich d Stockton J 

The Bill Entituled An Act for the Relief of Isaac Bonnell 
Esq. High Sheriff of Middlesex with respect to Escapes, was 
read a third time, and 

On the Question 

Resolved, that the same do pass. 



84 NEW JEE8EY COLONIAL DOCUMENTS. [1769' 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ogden do acquaint the House of Assem- 
bly therewith. 

M r Ogden from the Committee to whom was referred the 
Bill Entituled An Act to Erect Courts in the several Counties 
in this Colony for the Trial of Causes of ten Pounds and 
under reported that the said Committee had gone through the 
same and made several Amendments thereto and one 
Amendm* to the Title thereof, which he was ready to report 
when the House would be pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon, M r Ogden Read the said Amendments in his 
Place and delivered them in at the Table, and the same being 
read a Second time were agreed to by the House, and ordered 
to be Engrossed, 

The Engrossed Amendments to the Bill Entituled An Act 
to Erect Courts in the several Counties in this Colony for the 
Trial of Causes of ten pounds and under being read and 
Compared 

Ordered, that the Speaker do sign the same 

The Bill Entituled An Act to Erect Courts in the several 
Counties in this Colony for the Trial of Causes of ten Pounds 
and under being read a third time, and Compared with the 
Amendments thereto annexed, and one Amendment to the 
Title thereof. 

On the Question 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ogden do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments 

M r Ogden reported that he had obeyed the foregoing Orders 
of the House. 

M r Stockton with the leave of the House brought in a 
Bill Entituled an act for the more Effectual discovery and 
punishment of the Crime of Horse Stealing, which was read 
the first time and ordered a Second Reading. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 85 

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

" Ordered, that M r Hewlings and M r Johnston do carry 
to the Council the Bill Entituled a Supplementary Act to an 
act Entituled an act to Enable the Reverend M r Colin Camp- 
bell the present Rector of Saint Marys Church in Burlington, 
with the Church Wardens and Vestry Men of said Church, 
or the Major part of them to sell two hundred " and six acres 
" of Land &c together with the Amendments made thereto 
" by the House of Assembly, and desire the Concurrence of 
" the Council to the said Amendments." 

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

" Ordered, that M r Fisher and M r Ogden do carry back to 
" the Council the Bill Entituled an Act to Erect Courts in 
" the several Counties in this Colony for the Trial of Causes 
" of ten Pounds and under, with the Amendments made by 
" the Council thereto, and acquaint the Council that this 
" House do Concur with the Council in the third and fifth 
" amendment, and disagree to the other Amendments pro- 
" posed, and adhere to the Bill." 

M r Hart and M r Tucker from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act to Maintain and repair the Public Roads in the 
Township of Hanover in the County of Morris by a Tax on 
the Inhabitants of the same, which was read the first time, 
and ordered a Second reading. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

^/^lEsq" Samuel Smith 1 
David Ogden J 

R e Honble W m Earl of Stirling John Ladd } Esq' 

TV, TT KI / Charles Reed Fred r Smith 

The Honble j Richd ^^ J 



86 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The Bill Entituled an act for the more effectual discovery 
and punishment of the Crime of Horse Stealing was read a 
Second time, and ordered to be Engrossed 

The Bill Entituled an act to maintain and repair the 
Publick Roads in the Township of Hanover in the County 
of Morris by a Tax on the Inhabitants of the same, was read 
a second time and ordered a third reading. 

M r Berrien and M r Hartshorne from the House of Assembly 
presented for the Concurrence of this House, a Bill Entituled 
An Act to Naturalize Chistopher Bishop, John Lame, Peter 
Lame, Henry Lishman, Francis Ralph, George Sawrback, 
Thomas Wisler, John Martin Fulkemer, Jacob Akely, 
Frederick Smith, Matthew Marten, John Bohn, Gerhart 
Winter, Peter Brown, Andrew Cougle, Peter Slim, John 
Hartman, Johannes Hofses, Johannes Balthazar Hartf, 
Walter Wob, Christopher Rob, John Cosman, John Marlin, 
and Henry Stricklin, which wa& read the first time and 
ordered a Second reading. 

The House Continued till Saturday November 25 th 1769 



The House met 

Present 

TheHonble/ PeterKemble W 

I David Ogden. J Samuel Smith ^ 

R* Honble W m Earl of Stirling John Ladd I E 

c Charles Read Fred : Smyth f 

3 \ John Smith Rich d Stockton. J 

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

" Ordered, that M r Fisher, M r Wetherill, M r Learning Mr 
"Hinchman, M r Crane, & M r Tucker be a Committee to 
Confer with a Committee of the Council on the Subject 
Matter of his Excellencys Message, concerning the Boundary 
Line between the Colonies of New Jersey and New York. 

" Ordered, that M r Johnston and M r Smith do wait on the 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 87 

Council and request their Concurrence with this Resolution, 
and that they appoint the time and Place of Conferrence. 

The Council taking the same into Consideration Ordered, 
that M r Ogden, Lord Stirling, M r Read M r John Smith and 
M r Samuel Smith be a [committee of the] Council to Confer 
with a Committee of the House of Assembly on the Subject 
of a Boundary Line between this Province and the Province 
of New York. 

Ordered, that M r Read do acquaint the House of Assembly 
therewith, and that the said Conferrence be held immediately 
in the Council Chamber 

M r Read reported that he had obeyed the above Order 

The House Continued till Monday November 27 th 1769 

The House met 

Present 

r Charles Read -\ 
| John Smith 

The Honble { Samuel Smith } Esquires 
I JohnLadd 
L Fred : Smyth - 

The Bill Entituled An Act to maintain and repair the 
publick Roads in the Township of Hanover in the County 
of Morris by a Tax on the Inhabitants of the same, was 
read a third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered that the Speaker do sign the same 

The Bill Entituled An Act to Naturalize Christopher 
Bishop and others was read a Second time, and ordered a 
third Reading. 

The Bill Entituled An Act to Naturalize Christopher 
Bishop John Lame, Peter Lame, Henry Lishman, Francis 
Ralph, George Sawrbeck, Thomas Whisler, John Martin 
Fulkemer, Jacob Akely, Frederick Smith, Matthew Marten, 



88 NEW JERSEY COLONIAL DOCUMENTS. [1769 

John Bohn, Gerhart Winter, Peter Brown, Andrew Cougle, 
Peter Slim, John Hartman, Johannes Hofses, Johannes Bal- 
thazer Hartf, Walter Wob, Christopher Rob, John Cosman, 
John Marlin, and Henry Stricklan, was read a third time 
and it appearing that they are all duly qualified, 

On the question 

Resolved, that the same do pass, 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ladd do acquaint the House of Assembly 
that the Council have passed the two last mentioned Bills. 

M r Fisher, M r Wetherill, M r Paxson and M r Hewlings 
from the House of Assembly presented for the Concurrence 
of this House a Bill Entituled An Act to settle the Quotas 
of the several Counties in this Colony for the Levying of 
Taxes, which was read the first time and ordered a Second 
reading. 

M r Ladd reported that he had obeyed the above order 

The House Continued till Tuesday November 28 th 1769 

The House met 

Present 

C Charles Read ^| 
j John Smith 

The Honble -| Samuel Smith j> Esquires 
j John Ladd 
L Fred Smyth J 

M r Hartshorne, and M r Hinchman from the House of 
Assembly presented for the Concurrence of this House a Bill 
Entituled An Act for the more effectual preservation of Deer 
in this Colony which was read the first time and ordered a 
Second reading. 

M r Fisher and M r Runyan from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act to Repeal part of an Act Entituled An Act to 
Impower the Inhabitants of the Townships of Bridgewater 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 89 

and Bedminster in the County of Somersett, to repair their 
publick Highways by Hire &c And a Bill Entituled An 
Act to repeal An Act Entituled An Act for the repairing and 
Amending the Highways in the South Ward of Perth Amboy 
<fec which said Bills were read the first time and severally 
ordered a Second reading. 

The Council taking into Consideration the Message from 
the House of Assembly of the 24 th instant relative to the 
Amendments of the Council to the Bill Entituled An Act to 
Erect Courts in the several Counties in this Colony for the 
Trial of Causes of ten Pounds and under 

Resolved, that they do recede from their first, Second and 
fourth Amendments and from their Amendment to the Title 
of the said Bill. 

Ordered, that M r John Smith do acquaint the House of 
Assembly therewith, 

The Engrossed Bill Entituled An Act for the more effec- 
tual discovery and Punishment of the Crime of Horse Stealing 
being read and Compared 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r John Smith do carry the said Bill to the 
House of Assembly and request their Concurrence to the 
Same, 

M r John Smith reported that he had Obeyed the above 
Orders of the House. 

The Bill Entituled An Act to settle the Quotas of the 
several Counties &c was read a Second time and ordered a 
third Reading. 

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

" Ordered that M r Dey and M r Tucker do carry to the 
"Council the Bill Re Engrossed with the Amendments 
" agreed upon by the Council and this House Entituled An 
" Act to Erect Courts in the several Counties in this Colony 
" for the Trial of Causes of ten Pounds and under." 



90 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The said Bill Re ingrossed being read and Compared with 
the Amendments made thereto. 

Ordered, that the Speaker do sign the same 

The Bill Entituled An Act to settle the Quotas of the 
several Counties in this Colony for the Levying Taxes, was 
read a third time, and 

On the Question. 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Samuel Smith do acquaint the House of 
Assembly therewith 

M r Samuel Smith reported that he had Obeyed the above 
Order. 

The House Continued till Wednesday November 29 tk 
1769 

The House met 

Present 

c Charles Read John Ladd ^ 
The Honble^ John Smith Fred : Smyth i Esq re 

I Samuel Smith Rich d Stockton J 

The Bill Entituled An Act for the more effectual preserva- 
tion of Deer in this Colony was read a Second time, and 
Committed to the Members of this House, or any three of 
them. 

M r Price and M r Smith from the House of Assembly pre- 
sented for the Concurrence of this House a Bill Entituled 
An Act for the Relief of Insolvent Debtors, which was read 
the first time, and ordered a Second reading. 

M r Samuel Smith from the Committee to whom was 
referred the Bill Entituled An Act for the more effectual 
preservation of Deer in this Colony, reported that the Com- 
mittee had gone through the same, and made several Amend- 
ments thereto, which he was ready to report when the House 
would be pleased to receive the same. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 91 

Ordered, that the said Report be made immediately 

M r Smith read the said Amendments in His Place and 
delivered them in at the Table, and the same being read a 
Second time, and approved of by the House 

The Bill entituled An Act for the more effectual preserva- 
tion of Deer in this Colony, was read a third time with the 
Amendments thereto Annexed, and 

On the Question 

Resolved, that the same as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Smith do carry the said Bill & Amend- 
ments to the House of Assembly and desire their Concur- 
rence to the said Amendments. 

M r Smith reported that he had obeyed the above order 

The Council taking into Consideration the Amend m ts of 
the House of Assembly to the Bill Entituled A Supple- 
mentary Act to An Act Entituled An Act to Enable the 
Reverend M r Colin Campbell the present Rector of St 
Marys Church in Burlington with the Church- Wardens and 
Vestry Men of said Church or the Major part of them to 
sell two hundred and six Acres of Land &e 

Resolved, that this House do disagree to the said Amendm^ 
and adhere to the Bill. 

Ordered, that M r Ladd do carry the said Bill and Amend- 
ments to the House of Assembly and acquaint them of the 
above Resolution. 

M r Ogden and M r Johnston from the House of Assembly 
brought up the Bill Entituled An Act for the more effectual 
discovery and Punishment of the Crime of Horse Stealing, 
passed by the House of Assembly 

The Bill Entituled An Act for the Relief of Insolvent 
Debtors, was read a Second time, and Ordered a third reading 

The House Continued till Thursday November 30 th 1769. 



92 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The House met 

Present 

f Charles Read John Ladd ^ 

The Honble^ John Smith Fred : Smyth V Esquires 

I Samuel Smith Rich d Stockton. J 

The Bill Entituled An Act for the Relief of Insolvent 
Debtors being read a third time 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ladd do acquaint the House of Assembly 
therewith. 

The Bill Entituled An Act to repeal part of an Act 
Entituled An Act to Impower the Inhabitants of the Town- 
ships of Bridgwater and Bedminster in the County of Somer- 
set to repair the Publick Highways by Hire, and to raise 
Money for that Purpose : And the Bill Entituled An Act to 
Repeal An Act Entituled an Act for the repairing and 
Amending the Highways in the South Ward of Perth 
Amboy in the County of Middlesex by a Tax were severally 
read the Second time and Ordered to lie on the Table. 

M r Learning, M r Ogden, M r Taylor, M r Bullock M r Ber- 
rien and M r Runyan from the House of Assembly presented 
for the Concurrence of this House a Bill Entituled An Act 
for striking One hundred thousand Pounds in Bills of Credit, 
which was read the first time and ordered a Second reading. 

M r Hinchman and M r Demarest from the House of 
Assembly presented the Re Engrossed Bill with the Councils 
Amendments Entituled An Act for the more Effectual preser- 
vation of Deer in this Colony which being read and Com- 
pared 

Ordered that the Speaker do sign the same 

M r Smith, and M r Price from the House of Assembly pre- 
sented for the Concurrence of this House a Bill Entituled 
An Act to Vacate the sale of certain Lands in the County of 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 93 

Middlesex, late of Thomas Leonard jun r deceased and for 
other purposes therein mentioned, which was read the first 
time and ordered a Second Reading. 

The House Continued till Friday December I 8t 1769 



The House met 

Present 

c Charles Read John Ladd ^ 
The Honble< John Smith Fred : Smyth >Esq rs 

I Samuel Smith Rich d Stockton. J 

A Message from the House of Assembly by M r Fisher in 
the Words following. 

" Ordered, that M r Hart, M r Johnston and M r Berrien, be 
"a Committee to meet a Committee of the Council to 
" Examine the Accounts of Such Barrack Masters as shall be 
" laid before them " 

Ordered, that M r Ladd, and M r Stockton or either of them 
be a Committee to meet the Committee of the House of 
Assembly to settle the said Barrack Masters Accounts. 

M r Paxson and M p Hewlings from the House of Assembly 
presented for the Concurrence of this [house] A Bill Entituled 
An Act to Prescribe the Mode of Security to be given by 
the Treasurers of this Colony, which was read the first time 
and ordered a Second reading. 

A Message from the House of Assembly in the words fol- 
lowing. 

" Ordered, that M r Paxson and M r Hewlings do carry to 
" the Council the Bill Entituled a Supplementary Act to An 
" Act Entituled An Act to Enable the Reverend M r Colin 
" Campbell the present Rector of S* Marys Church in Bur- 
" lington &c and acquaint them that this House have receded 
" from their Amendments to the said Bill." 

M r Fisher and M r Hart from the House of Assembly pre- 
sented for the Concurrence of this House a Bill Entituled 
An Act for the more speedy recovering of Debts above ten 



94 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Pounds and under fifty Pounds &c and A Bill Entituled An 
Act for the Regulation of Ferriages to be taken at the several 
Ferries &c which Bills were severally read the first time, 
and ordered a Second Reading. 

M r Hewlings and M r Bullock from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
& Supplementary Act to the Act Entituled An Act for Ex- 
plaining and Amending An Act of the General Assembly of 
this Province Entituled An Act for Enabling the Owners of 
the Meadows and Marshes adjoining to and on both sides of 
the Creek that Surrounds the Island of Burlington to stop 
out the Tide from overflowing them, which was read the first 
time and Ordered a Second Reading. 

The Bill Entituled An Act for Striking One hundred 
thousand Pounds in Bills of Credit was read the Second time 
and ordered a third reading. 

The Bill Entituled An Act for Striking One hundred 
thousand Pounds in Bills of Credit, was read a third time 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Stockton do acquaint the House of Assem- 
bly therewith. 

The Bill Entituled An Act to Vacate the Sale of certain 
Lands in the County of Middlesex &c was read a Second 
time, and the Petition and Sundry depositions &c being read, 
the said Bill was ordered a third Reading. 

The Bill Entituled An Act to Vacate the Sale of certain 
Lands in the County of Middlesex late of Thomas Leonard 
jun r deceased, and for other Purposes therein mentioned was 
read the third time 

On the Question 

Resolved that the same do pass 

Ordered that the Speaker do sign the same 

Ordered that M r Stockton do acquaint the House of Assem- 
bly therewith. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 95 

M r Stockton reported that he had obeyed the Orders of the 
House. 

The House Continued till Saturday December 2* 1769 



The House met. 

Present 

{Charles Read John Ladd ^| 
John Smith Fred : Smyth V Esq" 

Samuel Smith Rich d Stockton j 

The Bill Entituled An Act to Prescribe the Mode of Secur- 
ity to be given by the Treasurers of this Colony, was read a 
Second time and sundry Amendments proposed thereto, which 
Amendments having been twice read were agreed to by the 
House, and ordered to be engrossed. 

The said Bill together with the Engrossed Amendments 
being read a third time 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments 

Ordered, that M r Ladd do carry the said Bill & Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

The Bill Entituled a Supplementary Act to an Act Enti- 
tuled An Act to Amend An Act for Enabling the Owners of 
Meadows and Marshes adjoining to & on both sides of the 
Creek that surrounds the Island of Burlington &c was read 
a Second time, and one Amendment made thereto, and the 
said Amendment having been twice read was agreed to by 
the House and ordered to be Engrossed. 

The said Bill with the Engrossed Amendment being read 
a third time 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendment 



96 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Ordered, that M r Ladd do carry the said Bill & Amend- 
ment to the House of Assembly and desire their Concurrence 
to the said Amendment. 

M r Ladd reported that he had obeyed the foregoing Order. 

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

"Ordered, that M r Price and M r Smith do carry back to 
" the Council the Bill Entituled An Act to prescribe the mode 
" of Security to be given by the Treasurers of this Colony 
" with the Amendments made thereto by the Council, and 
" acquaint them that this House disagrees to the said Amend- 
" ments, and adheres to the Bill." 

M r Smith and M r Johnston from the House of Assembly 
presented a Bill Re- Engrossed with the Amendment of this 
House Entituled a Supplementary Act to the Act Entituled 
An Act for Explaining and Amending An Act of the Gen- 
eral Assembly of this Province Entituled An Act for explain- 
ing and Amending An Act of the General Assembly of this 
Province Entituled An Act for Enabling the Owners of the 
Meadows and Marshes adjoining to and on both Sides of the 
Creek that Surrounds the Island of Burlington &c which 
being read and Compared 

Ordered, that the Speaker do sign the same 

The Bill Entituled An Act for the more easy recovering 
Debts above ten Pounds and under fifty Pounds &c was read 
a Second time, and Committed to the Members of this House 
or any three of them. 

The House Continued till 3 o'Clock P. M. 

The House met 

Present 

c Charles Read John Ladd ^ 

The Honble^ John Smith Fred : Smyth VEsq" 

I Samuel Smith Rich d Stockton J 

A Message from the House of Assembly by M r Johnston 
and M' Smith in the Words following. 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 97 

" The House being informed by divers Members that upon 
" the delivery of Bills to the Council for their Concurrence 
" the Council received the same without rising, as heretofore 
" has been usual. 

" Ordered, that M r Learning, M r Fisher, M r Hartshorne, 
" M r Miller, M r Paxson and M r Berrien be a Committee to 
" Confer with a Committee of the Council on this matter : 
" And that M r Johnston and M r Smith do wait on the Coun- 
" cil, and request that they will appoint a Committee to meet 
" the Committee of this House in a free Conferrence on this 
"matter and appoint the time and Place of meeting, and 
" that M r Speaker be desired to assist the said Committee. " 

M r Stockton from the Committee to whom was referred the 
Bill Entituled An Act for the more easy recovering Debts 
above ten Pounds and under fifty Pounds &c reported that 
the Committee had gone through the said Bill and made 
sundry Amendments thereto, which he was ready to report 
when the House would be Pleased to receive the same 

Ordered, that the said report be made immediately 

M r Stockton read the Said Amendments in his Place and 
delivered them in at the Table, And the same being read a 
Second time were agreed to by the House, and ordered to be 
Engrossed. 

The Bill Entituled An Act for the more easy recovering 
Debts above ten Pounds, and under fifty Pounds &c was read 
a third time with the Amendments made thereto and, 

On the Question 

Resolved, that the same as Amended do Pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered that M r John Smith do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence to the said Amendments. 

M r J. Smith reported that he had Obeyed the Order of 
the House. 

The House Continued till Monday December 4 th 1769. 

7 



98 NEW JERSEY COLONIAL DOCUMENTS. [1769 

The House met 

Present 

r Charles Read -\ 
| John Smith 

The Honble \ Samuel Smith \ Esquires 
I John Ladd 
I Fred : Smyth J 

The Bill Entituled An Act for the Regulation of Ferriages 
&c was read a Second time and several Amendments pro- 
posed to the Body of the Bill, and one Amendment to the 
Title of the same. The said Amendmt 8 being twice read, 
were agreed to by the House and ordered to be Engrossed. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

( Charles Read John Ladd 

The Honble I John Smith James Parker 

I Samuel Smith Fred: Smyth 

The Bill Entituled An Act for the Regulation of Fer- 
riages &c was read a third time with the Amendm* 8 made 
thereto by this House, and 

On the Question 

Resolved, that the Same as Amended do Pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Samuel Smith do carry the Bill and 
Amendments to the House of Assembly, and desire their 
Concurrence to the said Amendments. 

A Message from the House of Assembly in the words fol- 
lowing. 

" Ordered, that M r Fisher and M r Tucker do carry to the 
" Council the Bill Entituled An Act for the more speedy 
" recovering Debts above ten Pounds and under fifty Pounds 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 99 

<fec with the Amendments made thereto by the Council, and 
" acquaint the Council that this House disagrees to the third, 
and first part of the eighth and the whole of the twelfth 
Amendments, and in those parts Adhere to the Bill, but 
agree to all the other Amendm*" 

Ordered that M r Chief Justice do acquaint the House of 
Assembly in Answer to their Message of Saturday last, on 
the Ceremonial of the Members of the Council receiving such 
Members of the House of Assembly who may be Charged 
with Bills or Messages necessary to be Communicated to them 
without rising ; That the Council at the same time that they 
assure the House of Representatives they have not the least 
intention to shew any disrespect to them, cannot allow them- 
selves to alter established Customs in carrying on the neces- 
sary intercourse between the two Houses : But as the Coun- 
cil at present Consists of so few Members, that Any Result 
of the Committees upon a Conferrence might not be satisfac- 
tory to the Members of the Council in General, they there- 
fore think it would be more eligible to postpone all farther 
Consideration of this Matter till another Session, by which 
time the Forms which have been and ought to be observed 
on these occasions may be Settled with that decent Propriety 
at all times necessary in Conducting the Important Business 
of the Province 

The House Continued till Tuesday December 5 th 1769 

The House met 

Present 

c Charles Read John Ladd ^ 

The Honble^ John Smith James Parker VEsq" 

I Samuel Smith Fred: Smyth J 

The Chief Justice reported that he had obeyed the Order 
of the House of Yesterday. 

The Council taking into Consideration the Message from 
the House of Assembly of Saturday last relative to the Bill 



100 NEW JERSEY COLONIAL DOCUMENTS. [1769^ 

Entituled An Act to prescribe the Mode of Security to be 
given by the Treasurers of this Colony. 

Resolved, that this House do adhere to the Amendments 
made to the said Bill. 

Ordered, that M r Parker do aquaint the House of Assem- 
bly with the said Resolution. 

M r Parker reported that he had Obeyed the Order of the 
House. 

The Council taking into Consideration the Message from 
the House of Assembly of Saturday last relative to the 
Amendments made by this House to the Bill Entituled An 
Act for the more speedy recovering of Debts above ten 
Pounds and under fifty Pounds &c 

Resolved, that this House do recede from the Amendm* 8 
disagreed to by the House of Assembly. 

Ordered, that M r John Smith do acquaint the House of 
Assembly with the said Resolution. 

M r John Smith reported that he had obeyed the Order of 
the House 

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

" Ordered, that M r Berrien and M r Smith do carry to the 
Council the Bill Re-ingrossed with the Councils Amendments, 
Entituled An Act the more effectually to regulate Ferrymen 
and Ferries within this Colony. 

The said Re-ingrossed Bill being read and Compared 

Ordered, that the Speaker do sign the same 

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

" The House taking into Consideration the Message of the 
Council by which they adhere to their Amendments of the 
Bill Entituled An Act to prescribe the mode of Security to 
be given by the Treasurers of this Colony. 

"Ordered, that M r Learning, M r Fisher, M r Wetherill M r 
Crane, M r Miller, M r Paxson, M r Hinchman, M r Hartshorne 
and M r Price be a Committee to meet a Committee of the 



1769] JOURNAL OF THE PRO VINCI AL COUNCIL. 101 

Council in a free Conferrence on the Subject Matter of the 
said Bill and Amendments made by the Council thereto." 

" Ordered, that M r Hart and M r Johnston do wait on the 
Council with this Order and desire that the Council will 
name a Committee to meet a Committee of the House and 
^appoint the time and Place of meeting." 

The Council taking the Message into Consideration 

" Ordered, that M r John Smith, M r Ladd, M r Parker and 
the Chief Justice be a Committee to meet the Committee of 
the House of Assembly on the said Free Conferrence that the 
same be held immediately in the Council Chamber and that 
M r Read the Speaker of the Council be requested to assist at 
the said Conferrence. 

Ordered, that M r Ladd do acquaint the House of Assembly 
therewith. 

M r Ladd reported that he had Obeyed the foregoing Order. 

The House Continued till Wednesday December 6 th 1769. 

The House met 

Present 

f Charles Read John Ladd ^ 

The Honble< John Smith James Parker VEsq" 

I Samuel Smith Fred Smyth J 

M r Hart and M r Ogden from the House of Assembly 
presented for the Concurrence of this House a Bill Entituled 
An Act appointing Commissioners for supplying the several 
Barracks Erected in the Colony of New Jersey with Furni- 
ture and other necessaries for accomodating the Kings Troops 
in, and Marching thro' the same, for supplying Deficiences 
and for defraying Incidental Charges, which was read the 
first time and Ordered a Second reading. 

M* Crane and M r Tucker from the House of Assembly 
presented the Bill Re-ingrossed with the Amendments agreed 
upon by the Council and House of Representatives Entituled 
An Act for the more speedy recovering Debts above ten 



102 NEW JERSEY COLONIAL DOCUMENTS. [1769' 

Pounds and under fifty Pounds &c which being read and 
Compared 

Ordered, that the Speaker do sign the same 

The Bill Entituled An Act appointing Commissioners for 
supplying the several Barracks &c was read a Second time 
and ordered a third reading. 

The said Bill being read a third time 

On the Question, 

Resolved, that the same do Pass. 

Ordered that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker reported that he had Obeyed the above Order. 

M r Johnson and M r Hartshorne from the House of Assem- 
bly presented for the Concurrence of this House a Bill En- 
tituled An Act to Indemnify the Treasurers of this Colony 
for Advancing certain Sums of Money to the Agents appointed 
by Law to Manage the Controversey touching the settlement 
of the Line between New Jersey and New York, and for 
other Purposes therein mentioned, which was read the first 
time and ordered a Second reading. 

The Bill Entituled An Act to Indemnify the Treasurers, 
being read a Second time was ordered a third reading. 

The House Continued till 3 o'Clock P. M. 



The House met 

Present 

f Charles Read John Ladd ^ 

The HonbW John Smith James Parker V Esq" 

I Samuel Smith Fred : Smyth J 

The Bill Entituled An Act to Indemnify the Treasurers 
of this Colony for advancing certain Sums of Money to the 
Agents appointed by Law to Manage the Controversey touch- 
ing the settlement between New Jersey and New York was 
read a third time, and 



1769] JOURNAL OF THE PROVINCIAL COUNCIL. 103 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Ladd do acquaint that House of Assem- 
bly therewith. 

M r Ogden and M r Paxson from 'the House of Assembly 
waited on this House to Know wether the Council had any 
Business before them to prevent them applying to his Excel- 
lency for a Dismission. 

In Answer to which the Speaker informed them that the 
Council had finished all the Btjsiness before them, and had 
no objection to their making such application. 

His Excellency came into the Council Chamber and hav- 
ing by the Deputy Secretary required the Attendance of the 
House of Assembly, the Speaker with the House attended, 
when his Excellency was Pleased to give his Assent to the 
following Acts Viz* 

7 An Act appointing Commissioners for supplying the 
several Barracks Erected in the Colony of New Jersey with 
Furniture and other necessaries for accomodating the Kings 
Troops in, or marching through the same, for supplying 
Deficiences, and for Defraying incidental Charges. 

8 An Act for Striking One hundred thousand Pounds in 
Bills of Credit. 

9 An Act to settle the Quotas of the several Counties in 
this Colony for the Levying Taxes. 

10 An Act for the Relief of Insolvent Debtors. 

1 1 An Act for the more effectual preservation of Deer in 
this Colony 

12 An Act for the more effectual discovery and Punish- 
ment of the Crime of Horse Stealing. 

13 An Act to Erect Courts in the several Counties in this 
Colony for the Trial of Causes of ten Pounds and under. 

14 A Supplementary Act to An Act Entituled An Act to 
Enable M r Colin Campbell the present Rector of Saint 
Marys Church in Burlington, with the Church Wardens and 



104 NEW JERSEY COLONIAL DOCUMENTS. [1769 

Vestry Men of said Church, or the Major part of them, to 
sell two hundred and Six Acres of Land in Somerset County, 
devised to the Ministry of said Church, and to Enable 
Trustees to put the same to Interest untill a Convenient 
Glebe can be Purchased near the said Church, and other 
Purposes therein mentioned. 

15 .An Act for the better preserving of Oysters in the 
Colony of New Jersey. 

16 An Act for recovering of Damages for Trespasses 
done by Swine. 

17 An Act the more effectually to regulate Ferry Men and 
Ferries within this Colony. 

18 An Act to Indemnify the Treasurers of this Colony 
for advancing certain Sums of Money to the Agents ap- 
pointed by Law to manage the Controversy touching the 
settlement of the Line between New Jersey and New York, 
and for other Purposes therein mentioned. 

19 A Supplementary Act to the Act Entituled An Act for 
Explaining and Amending An Act of the General Assembly 
of this Province Entituled An Act for Enabling the Owners 
of the Meadows and Marshes, adjoining to and on both [sides] 
of the Creek that Surrounds the Island of Burlington to stop 
out the Tide from overflowing the same. 

20 An Act to vacate the Sale of certain Lands in the 
County of Middlesex late of Thomas Leonard jun r deceased 
and for other purposes therein mentioned. 

21 An Act to maintain and repair the Publick Roads in 
the Township of Hanover in the County of Morris, by a 
Tax on the Inhabitants of the same. 

22 An Act to grant certain Priviledges to the Owners of 
the Iron Works in the Townships of Evesham and North- 
ampton in the County of Burlington, And of the Hibernia 
Iron Works in the Township of Pequanack in the County of 
Morris. 

23 An Act to Constitute and make Great Timber Creek 
in Gloucester County a lawfull Fence from the mouth thereof 



1770] JOURNAL 'OF GOVERNOR AND COUNCIL. 105 

to the Fork of the same, and to Build and maintain a Bridge 
over said Creek near said Fork, from the Lands late Samuel 
Clements deceased, to the Lands late George Marples deceased. 

24 An Act for maintaining the Banks and Sluices, and 
draining the Meadows on Mannington Creek in the County 
of Salem, and repealing An Act Entituled An Act to Enable 
the Owners of the Meadows and Marshes adjoining to and 
on both sides of Mannington Creek to stop out the Tide from 
overflowing them. 

25 An Act for the Relief of Isaac Bonnell Esq. High 
Sheriff of Middlesex with respect to escapes 

26 An Act to Naturalize Christopher Bishop & others 
After which his Excellency prorogued the General Assem- 
bly to Tuesday the Second day of January next, then to meet 
at Perth Amboy. 

A true Copy of the Minutes 

CHA PETTIT, D. Clerk 



At a Council held at Burlington on 
Tuesday the 20 th of March 1770. 

Present 

His Excellency William Franklin Esquire Governor in 

Chief &c 



The Right Honble The Earl of Stirling 

{Charles Read 
John Stevens James Parker V Esq" 
Samuel Smith Richard Stockton J 



mu TT i-i i John Smith John Ladd 
The Hofible 



His Excellency laid before the Board a Letter from the 
Attorney General to M r Justice Read, giving Information 
that one Ho well, suspected of being concerned in a Murder 
lately committed in the County of Middlesex, is confined in 



106 NEW JERSEY COLONIAL DOCUMENTS. [1770 

one of His Majestys Gaols in the Colony of Virginia : and 
his Excellency at the same time acquainted the Board that 
there was no Publick provision for defraying the expence of 
sending for the said Prisoner. 

The Council advised his Excellency to send a Message to 
the House of Assembly requesting that they will make Pro- 
vision for defraying such Expence. 

Whereupon his Excellency was pleased to send a Message 
to the House of Assembly in the Words following. 

Gentlemen 

M r Read one of the Justices of the Supreme Court, has 
represented to me that one Ho well, who is accused of having 
lately committed a barbarous Murder in Piscataway within 
this Province, is apprehended and confined in a Gaol in Vir- 
ginia, and that it is necessary to send one or more Persons to 
bring the said Howell to New Jersey in order that he may 
be brought to Justice. There being however no Provision 
whatever made for Contingent Expences in this Government 
no Persons can be got to go upon this Service, unless some 
Assurances are given them they shall be paid for their 
Trouble and Expences on the Occasion. 

I must therefore recommend this matter to your Considera- 
tion, and request you to make Provision accordingly. 

Council Chamber \ W m FRANKLIN 

March 20 th 1770J 



At a Council held at Burlington on Wednesday the 21 st 
of March 1770 

Present 
His Excellency William Franklin Esq. Governor in Chief &c 

The R* Hofible The Earl of Stirling 
r Charles Read 

The Honble J John Smith John Ladd ) 

John Stevens James Parker V Esq rs 

^ Samuel Smith Richard Stockton J 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 107 

His Excellency was pleased to lay before the Board a 
Message he received this Day from the House of Assembly 
in Answer to his Excellencys Message of Yesterday which is 
in the Words following. 

House of Assembly March 21 st 1770 
Ordered. 

That M r Paxson and M r Crane do wait on his Excellency 
and Inform him that this House have taken into Considera- 
tion his Excellencys Message, and will make Provision to 
defray the Expence attending the bringing Daniel Howell 
from Virginia that he may be tried for the late barbarous 
Murder of William Daniels in Piscataway, and request his 
Excellency to direct that the said Howell may be sent for a& 
soon as possible. 

That his Excellency will also be pleased to issue a Procla- 
mation offering a Reward of Twenty five Pounds for the dis- 
covering and bringing to condign punishment the Person or 
Persons that set fire to the Stables and Out Houses of the 
Honourable David Ogden Esq. in January last. 
By Order of the House 

RICH* SMITH Clk 
^ 

The Council Advised his Excellency to issue a Procla- 
mation agreeable to the request in the above Message 

Whereupon his Excellency was pleased to issue a Procla- 
mation in the following words. 

By His Excellency William Franklin Esq. 
Captain General Governor and Commander 
p 1 in Chief in and over the Province of New 
Jersey and Territories thereon depending in 
America. Chancellor and Vice Admiral in 
the same &c 

A Proclamation 

Whereas I have received Information that on the night of 
the ninth day of January last, the Stable and some other out 



108 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Buildings of the Honourable David Ogden Esq. were con- 
sumed by Fire : and that there is great Reason to believe 
they were wilfully set on Fire by some wicked Person or 
Persons unknown. And Whereas the House of Assembly 
of this Province by their Message of this day, have requested 
me to issue a proclamation offering a reward of twenty five 
Pounds for the discovering and bringing to condign Punish- 
ment the Person or Persons guilty of that attrocious and 
alarming Villany. I have therefore thought fit, by and 
with the Advice and Consent of his Majesty s Council, to 
issue this Proclamation hereby requiring and commanding 
all Judges, Justices of the Peace, Sheriffs and other Officers 
to be particularly vigilent in detecting the Perpetrator or 
Perpetrators of so horrid a Crime, and promising the said 
reward of twenty five Pounds to any Person or Persons who 
shall discover the said Offender or Offenders so that he she 
or they be convicted of the said Crime. 

And I do hereby farther promise his Majestys most 
gracious Pardon to any Accomplice who shall discover and 
Prosecute to Conviction any one or more of the said 
Offenders. 

Given under my Hand and Seal at Arms at the City of 
Burlington in the said Province of New Jersey the twenty 
first day of March in the tenth Year of his Majestys Reign 
Anno Domini 1770. 

W m FRANKLIN 
By His Excellencys Command 

CHA PETTIT D. Secret 7 

God save the King 

His Excellency informed the Board that the Committees 
appointed by this Board on the twenty fourth of November 
last to consider whether the Governor is duly Authorized to 
execute the Office of Chancellor of this Province had seve- 
rally transmitted to him their Opinions in writing which 
his Excellency was pleased to lay before the Board, and they 
were read, and are in the words following. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 109 

f M r Stocktons ) 1 st His Excellency the Governor of New 
\ Opinion J Jersey having asked the Advice of his 

Majestys Council of the same province respecting the Power 
of the Governor to hold a Court of Equity, and to sit as the 
Judge thereof. And the Council having referred the Con- 
sideration of the Matter to a Committee of five of their 
Members. As one of the said Committee I report that I am 
humbly of Opinion that the Governor and Commander in 
Chief of this Province, for the time being is duly Authorized 
to hold a Court of Equity, and to sit as the Judge thereof. 

And as the Subject is of very great Importance in itself \ 
and peculiarly interesting to the Province in General, I have 
thought it expedient to Subjoin the Reasons of my Opinion 
In forming of it, I have considered the Subject under these 
two Questions, to wit. 

1 st Whether a Court of Equity does exist in this Province ? 
and 

2 dly Whether the Governor is Judge of it ? 

The Reasons which have Induced Me to believe that a 
Court of Equity does exist in this Province, among others, are 

1 st Because the four Courts of Wesminster Hall, to wit, 
the Chancery, Kings Bench, Common Pleas, & Exchequer 
owe their existence to the Common Law of England ; and 
not to any Statute of Parliament, or Ordinance or Procla- 
mation of the Crown; every Colony therefore migrating 
from the Mother Country to a new discovered 
saik. 411. Country bring with them, as part of the Common 
Law the Jurisdiction of these several Courts, or 
in other words, a Right of having themselves and their 
Property adjudged according to the Ordinary Course of Pro- 
ceedings in these Courts, and all that is wanting in such 
newly discovered Country, is for the King to Commissionate 
Proper Judges ; the Courts being ready erected to his Hand. 
It has therefore been very properly doubted whether any of 
these Courts needed at first, or ought to have been raised in 



110 NEW JERSEY COLONIAL DOCUMENTS. [1770 

the Kings Colonies by Ordinance from the Crown : 
s Hawk 2 ag it i 8 certain, the King cannot by his Prerogative 
ffnsns make the least alteration even in the manner of 

proceedings in these Courts in England 
2 dl7 Because many Writs which have continually issued in 
this Province, and to which the Subject has an indubitable 
right by the Constitution, cannot issue from any other Court 
than a Court of Chancery. 

This Court as to its Ordinary Jurisdiction my Lord Coke 
and other writers call the " Offieina Justitia out of which 

" all Original Writs, and all Commissions, which 
u. inst. so " pass under the Great Seal go forth, which Great 

" Seal is Clavis Regni, and for those Ends this 
" Court is ever open. And by some it is called Offieina Bre- 

vium originalium, and remedialium. Original 
cancel 3 Writs, such as those of Dower, Replevin, Parti- 
tion &c a are called the Kings Writs, because they 
issue out of the Court of Chancery, and are Tested in his 
name, in contradistinction to judicial Writs which are Tested 
in the name of the Chief Justice of the Court from whence 

they issued : And the Kings Writs are to be 
40. granted to the Subject ex debito justitice, and cannot 

ofjust ke denied wherefore as the Kings Subjects of this 
foi. s. Colony have an undoubted right to his Writs, and 

^ In have continually obtained them from the first 

settlement of the Province; and for as much as 
these Writs cannot be issued but from the Ordinary Court of 
Chancery, the Consequence is inevitable, that an Ordinary 
Court of Chancery must exist in this Province, And if an 
Ordinary Court of Chancery exists as an Offieina Brevium 
there can be no reason why the Extraordinary Court of Chan- 
cery, or a Court of Equity should not exist, as the Judge of 
one is always the Judge of the other, and the two Courts of 
Ordinary and Extraordinary Jurisdiction cannot be now dis- 
united, but by Act of Parliament. 

3 dly Because We have adopted in this Colony the Law & 



1770] JOURNAL OF GOVERNOR AND COUNCIL. Ill 

Practice of the other Courts of Westminster Hall, and there- 
fore. We must of necessity have the same relief in Equity 
from the severity of some legal determinations To say the 

Contrary would be to say that there was a right 
L saik without any Remedy, which is against a principle 

of Law, as well as the Common Sense of Mankind. 
This very necessity gave Jurisdiction at first to the Equity 
side of Chancery in England, as is most Evident from the 
Laws and Customs of the Realm in the Antient Times of the 

British, Saxon, and Danish Kings, when the King 
curs cancel himself in Person held a Court similar to the 
Pract. 5. e. Equity side of the Chancery to moderate the 

Summum Jus as it was called and to give Relief 
according to good Conscience, wherefore if the Equity side 
of the Chancery could be supposed not to exist in this Colony, 
We must be driven by the Constitution to conclude as the 
most rational Alternative that the Antient Right to moderate 
the Summum jus was still vested in the Kings person, and 
would attach to his Governor as his Representative here. 

This reasoning is so far from being invalidated that it is 
established by the Practice of some Charter & Proprietary 
Governments, where a Court of Chancery does not exprofesso 
exercise jurisdiction There the Courts of Law have not 
adopted the Rigour of the legal Determination in West- 
minster Hall : but they take upon them to moderate the 
Summum jus themselves : and their Judges do often deter- 
mine directly against the Rules of Law, when they happen 
to thwart a principle of Equity. It is giving us a very strong 
Evidence indeed, of their Idea of the necessity of a Court of 
Equity, when they let its principles supercede their legal 
determination in the first instance without calling for the 
Ordinary Process of the Court. 

The Principle therefore upon which these other Govern- 
ments have gone, is evidently in favour of some kind of 
existence of a Court of Equity : and they have only erred in 
their practice by erecting as many Courts of Equity as they 



112 NEW JERSEY COLONIAL DOCUMENTS. [1770 

have of Law, and by their several Judges of the Courts of 
Law taking upon themselves to be Judges of a Court of 
Equity. If We were with them to deny the distinct Existence 
of a Court of Equity We must then undoubtedly make a 
total alteration in the present Mode of determining in our 
Courts of Law : or else We should run into a greater absur- 
dity than even they have, and exclude Equity altogether. 

What also induces me to believe that a Court of Equity 
does exist in this Colony is 

4 tbly Because such Court has actually excercised Jurisdic- 
tion here from time immemorial, & therefore might exist 
solely from prescription. 

It is evident from an Act of Assembly of 
origconstitu: East j ersey pag8e( j j n t ^ e Year 1698 that a 

of N. Jersey 370. ' J . 

Court of Chancery then exercised Jurisdiction 
in that part of the Province, for the Act recognizes it as then 
in being : and how long before it had exercised Jusisdiction 
We Know not : for aught appearing to the Contrary, such 
Court may have exercised Jurisdiction from the Beginning of 
Government in both East and West Jersey. It is Also 
evident that upon the Surrendry of the Governm* of New 
Jersey by the Proprietors into the Hands of the Crown, the 
first Governor soon after his Arrival in the 
A^no? C Province, together with the Council, conceiv- 

ing that a Court of Chancery ought to exist, 
by Ordinance from the Grown, did pass such Ordinance, and 
that a Court of Chancery has invariably exercised Jurisdic- 
tion throughout the Province to the present times. 

This is sufficient to every legal intent of a prescription for 

prescription at the Common Law is time whereof 

i inst 114 E there is no memory of Man to the Contrary ; and 

fbi a< 23o Lib *' -^ racton 8a 7 s > U 8U8 wcedit memoriam hominum : 
tale enim tempts sufficitpro jure. There is no Man 
living, it is presumed, who can point out a time, since the 
Government of this Colony began, and shew that then no 
Court of Chancery did Exist here. " It might therefore be 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 

inconvenient " as My Lord C. J. Hale, and J. Tuisden said 
in Considering an Objection made to the Authority of the 
Court of Equity of the* Dutchy Chamber of Lancaster " to 
" Examine their Power after so long continuance and Practice. 

" As by the Precedents now Produced it appears 
2 Liv. 24 " to be used without further examination." 2 Liv. 

211 Foster against Fallen It does not Affect the 
prescription of the Court of Equity in this Colony, that it 
has been held in different ways, and by different Judges, if it 
could the four Courts of Westminster Hall cannot exist by 
Prescription, because they have all been continually varying 
in these and other instances before the Reign of William 
the Conquerer, the King as has been said, Moderated the 

Summum jus upon appeals made to him, and there- 
Gin) mst. of f ore i n that period He acted as the only Judge in 
$.' Equity during the time of the Conquerer, and from 

thence till the Reign of King John, the Courts 
now called Chancery, Kings Bench, Common Pleas and 
Exchequer were mixed and all had the same Judges stiled 
Justiciarii, when they sat in the Hall, they were a Court 

Criminal, and when up Stairs a Court of Revenue ; 

Curs Cancel ^ } ple&s they heared i]Q either Courfc> The 

Chief of these Justiciarii was Superior to the 
Chancellor, during this period, and long after ; altho' he is 

now Inferior. The Chancery did not take up the 
4 inst 83. Equity side till about the Reign of Henry 6 th till 

then it was only the Officina Brevium : and since it 
took up the Equity side, this Court has greatly increased in 

its Jurisdiction, and varied in its practice. 
curs can Sequestrations were never practised till my Lord 
i. Haw. 12. Bacons time in the Reign of Queen Elizabeth : 

and before the Reign of Queen Anne Subprena 
preceded the Bill of Complaint. Nevertheless all these altera- 
tions in the nature of the Court, the number & Quality of 
the Judges, and the Mode of Practice have not Affected the 
Prescription and Existence of this Court in England, as it 

8 



114 NEW JERSEY COLONIAL DOCUMENTS. [1770 

is now held, and for the same Reason the Alterations which 
in different Periods have been made in the manner of hold- 
ing a Court of Chancery in this Province cannot destroy or 
Affect the Prescription which, in its behalf may now legally 
be claimed. 

These Reasons have been sufficient to satisfy me upon the 
first Question, that a Court of Equity does exist in this 
Colony 

And as to the 

2 d Whether the Governor and Commander in Chief is the 
Judge? The following Reasons have inclined me to be of 
Opinion that he is. 

1 st Because the King, by the English Constitution was 
Tested with a power to hear appeals from legal adjudications, 
and to Moderate them according to Equity and good Con- 
science, before there was another Court appointed for that 
purpose: and therefore the Governor of a Province, being 
the Chief Magistrate therein, and the immediate Represen- 
tative of his Sovereign, must be invested with the same 
-equitable Jurisdiction The Authorities in Support of this 
Ancient Jurisdiction of the King, have been noted under 
the first Question, and therefore need not be repeated. 

Wherefore upon supposition, that the Equity side of a 
Court of Chancery did not Exist in this Colony; yet it 
would seem that the Governor must notwithstanding be im- 
powerd by the Constitution to Moderate the Summum jus, 
upon Appeals made to him for that purpose ; and so would 
be Judge of a Court of Equity, altho' not Judge of a Court 
of Chancery. 

But a principal reason for the Power of the Governor to 
sit as Judge of the Equity side of the Court of Chancery in 
this Colony is. 

2 dly Because he is the Keeper of the Great Seal of the 
Province. 

It is not of any Importance whether We will call it the 
Great Seal or Piiblick Seal, as these two denominations are 



1770] JOURNAL, OF GOVERNOR AND COUNCIL. 115 

synonimously used by the King in his Commission to the 
Governor, nor need it be Contended whether the Governor 
should be Stiled Chancellor or Keeper, as each of those 
great officers are now by the 5 th of Eliz : invested 
4. inst 87. with the same powers and Authorities, yet I con- 
fess, that the Stile of Keeper of the Great Seal 
seems more proper for the Plantation Governor : because there 
is an Additional Formality in constituting of a Chancellor 
not necessary in that of a Keeper, and which Formality has 
not I believe been generally practised in the case of a Gover- 
nor but undoubtedly may be. The Keeper of the 
i. Har.is. Great Seal of Great Britain is constituted barely 
Chan 180. by * ne Delivery of the Seal : but the Chancellor 
curs, can 21. a ft er receiving the Seal from the King, has an 
Entry made upon the Close Roll in the Court of 
Chancery, on what day & in whose presence the Great Seal 
was delivered. And formerly when the Office of Chancellor & 
Keeper was distinct there [was] yet a greater difference in their 
Creation The Keeper was ever Solely at the Nomination of 
the King but the Chancellor was often Elected 
curs. can. 19. by the Parliament The Chancellor was Sworn at 
his Entrance into Office, the Keeper never was ; 
and in the time of Hen. 2 d the form of the Appointment 
was to hang the Seal about the Neck of the 
Tint. S!' Chancellor Elect. But the Denomination [was] of 
little moment The Grand Inquiry is whether the 
Delivery of the Great Seal of this Colony to the Governor 
does ipso facto constitute him the Judge of the Court of 
Equity. To shew this, let it be Considered that the Great 
or Publick Seal of this Colony is used for the same purposes, 
and has the same Effects here as the Great Seal of Great 
Britain there with it are Sealed all Original Writs, Sum- 
mons of Parliament, Commissions of the Peace, Oyer and 
Terminer, Pardons &c. &c there & with the Great Seal of 
this Province the same Writs, Summons of General Assembly, 
Commissions &c are Sealed here These Writs, Summons's 



116 NEW JERSEY COLONIAL DOCUMENTS. [1770' 

&c there cannot possibly issue but from the Chancery of Great 
Britain, so neither can they here but from the Chancery of this 
Province The Keeper of the Great Seal of Great Britain 
ex Offido, is the Sole Judge of the Court of Chancery there,. 
both on the Law & Equity side ; and for the same reason the 
Keeper of the Great Seal of this Colony must, ex Gffioio be 
Sole Judge of the Court of Chancery here, both on the Law 
& Equity side. If a Court of Chancery exists in this Prov- 
ince, the Keeper of the Great Seal must be the Sole Judge 
of it ; and a Court of Chancery, as Officina Brevium, must 
exist here, or else no Original Writ ever was or ever can be 
regularly issued in this Province. The Power of the Kings 
Governor in the Colonies to Act as Judge of a Court of 
Chancery within his Province never appears to have been 
made a matter of such Doubt as to cause an Application to 
his Majesty or his Judges in England for any directions or 
Opinion therein, And therefore it is not to be expected that 

any express Adjudication upon this point should 1 
2p.wms26i. be found. But the Case of Sir John Tryer and' 

Bernard in 2 Peere Williams 261, is at least a full 
evidence of its being a received Opinion by my Lord Chan- 
cellor in England, that a Plantation Governor was Judge of 
a Court of Chancery within his Province, and that an 
Appeal lay from Decrees in Equity made by him to the King 
in Council only The above Case arose upon a Decree given 
by the Chancellor of England against the Defendant, who,, 
upon inquiry was found to have no Estate in England, where- 
upon a Motion was made for a Sequestration against the 
Defendants Estate in Ireland; In support of the Motion it 
was Alledged that such Process had been Awarded by the 
Chancery in England to the Governor of North Carolina \. 
and therefore might go to Ireland. My Lord Chancellor 
gave his Opinion that a Sequestration might be granted after 
Nulla Bona returned in England ; but said that it should be 
by Order from the Lord Chancellor in England to the Lord 
Chancellor in Ireland to Issue Sequestration and then added 



1770] JOURNAL OP GOVERNOR AND COUNCIL. 117 

"As to the Sequestration mentioned to be directed to the 
" Governor of North Carolina or any other of the Plantations 
"the Court Doubted much whether such a Sequestration 
-"should not be directed by the King in Council, where alone 
" an Appeal lies from the Decrees in the Plantations, for which 
" reason it seemed that, in such case the Plaintiff ought to 
-" make his Application to the King in Council and not to 
" this Court." Here my Lord Chancellor evidently Admits 
that a Sequestration may be directed to the Governor of North 
-Carolina, or any other Plantation Governor, as well as to the 
Lord Chancellor of Ireland ; which amounts to the same 
thing. As expressly saying that a Plantation Governor is 
Judge of a Court of Equity : because no other Judge can 
have anything to do with a Sequestration : He only doubts 
if such Sequestration should not be directed by the King in 
Council to the Governor, as the only Court having Jurisdic- 
tion. 

Several Objections -have been made to the Authority of the 
Governor of this Province, acting as Judge of the Court of 
Equity as 

I 8 * That the Seal of this Colony is called in the Kings 
Instructions a Publick Seal and may be likened to the Seal 
of a Corporation ; and therefore the Delivery of it to the 
'Governor cannot make him Judge of a Court of Equity. 

This Objection will appear to have no Foundation, when 
it is considered that the Constitution & Government of a 
Colony is essentially different from those of a Corporation. 
An Instance or two, among many will be sufficient for this 
Place. The Legislature of this Colony can & often have by 
' their Acts erected Corporations ; which Acts have received 
the Kings Approbation ; but the great Corporation of Lon- 
don or any other aggregate Corporation that ever existed can- 
not Erect another Corporation ; as is evident from 
10Co - 31 - 18id - a number of the best Authorities; and therefore 

-.291. 1. Salk. 92. 

193. the Seal of a Colony cannot have the least resem- 

blance to a Seal of a Corporation. Besides the 



118 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Members of every Corporation in England have, Notwith- 
standing their own Courts, the Priviledge of resorting to the 
Kings Courts of Westminster, and cannot be restrained : but 
in this Colony We cannot apply to the Courts of Westminster 
for the Institution 'or Determination of any Suit arising in 
the Colony, and if We had not Courts of Compleat Jurisdic- 
tion of our own, We should be in a State of Outlawry : a 
Colony therefore in this respect, is very unlike to a Corpora- 
tion, and consequently the Seal of a Corporation to that of a 
Colony. The Counties Palatine of Chester, Lancaster & 
Durham, are not so unlike a Corporation, as a 
2Vt^m m Colony is : and yet their Seals are not likened to 
the Seal of a Corporation, but because the Kings 
Writs do not run there, they have severally Courts of Com- 
pleat Jurisdiction and each of them a Court of Equity. A 

2 d Objection has been made that the Governor of this Col- 
ony by a Royal Instruction is Prohibited from executing by 
himself or Deputy any Judicial Office, and therefore he can- 
not be the Judge of the Court of Equity. 

If this Instruction be of the same import as the 41 st In- 
struction to. Lord Cornbury, formerly Governor of this 
province, it evidently intends only to inhibit the Governor 
from executing any Office which he is enabled by his Com- 
mission & Instruction to grant : such as the Ordinary Judges 
of the Courts of Law, & Justices of the Peace. The Instruc- 
tion after directing that Judges & Justices of the peace must 
be appointed with the Advice of the Council adds " nor shall 
you execute your self or by Deputy any of the 6 d Offices," 
not meaning surely that he should be prohibited from exe- 
cuting any Judicial Office ; because such Interpretation would 
disqualify him from Judging in the Court of Governor and 
Council ; which by the same set of Instructions is constituted 
the Supreme Court of Law in the Province for correcting of 
Errors ; and the Governors presence is absolutely necessary 
to the very being of the Court. The Instruction therefore 
cannot intend any Office that the Governor is not Able with 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 119 

the Advice of the Council to grant : but the Governor can- 
not with the Advice of the Council, grant the Office of the 
Supreme Judge of the Court of Equity : because he himself 
is directed to keep the Seal : and therefore the Instruction 
most clearly cannot intend to prohibit the Governor from 
executing the Office of the Judge of the Court of Equity. 

A 3 d Objection has been started that by another Instruc- 
tion from the Crown, Appeals lie from the Courts in the prov- 
ince to the Governor & Council : and it would be absurd to 
suppose that an Appeal could lie from the Governor to the 
Governor & Council. 

This Instruction can intend nothing more than Appeals in 

Error from the Courts of Law : for several reasons One 

which of itself seems sufficient for this place, is, that an 

Appeal only lies to the King in Council from the 

2. P. wm. 26i. Decrees in the Plantations, as appears from the 

fore cited Case from 2 P W ms 261. A 

4 th Objection has been raised, that the Governor by his 
Commission is impowered with the Consent of the Council, 
to erect any Courts for hearing & determining Causes accord- 
ing to Law and Equity and it appears from the Records of 
this province that a Court of Chancery was first, after the 
Surrendry of the Government, erected here by an Ordinance 
passed by the Governor & Council, wherein the Governor & 
Council were appointed Judges of the s d Court. 

To which it is answered, that this Clause in the Governors 

Commission never intended to give him Power to Create a 

Court of Equity. The King himself has not power to do it, 

for this Court must either exist by prescription or 

4^inst. 87. ^ c j. Q p ar }j amen t . k u t can in no case be raised 

by grant from the Crown. The Governors & 
Councils therefore, in the times of my Lords Cornbury and 
Lovelace, committed Great Error in attempting to Erect, by 
Prerogative, a Court which really did exist by the Common 
Law. Their Ordinance was absurd & a mere nullity : but 
the maxim of utile per inutile non vitiatur is founded upon 



120 NEW JERSEY COLONIAL DOCUMENTS. [1770 

good reason. The legal and Constitutional existence of this 
Court was not Affected by an Attempt to make it an uncon- 
stitutional Court. And of this Opinion was the Council in 
the time of Governor Hunter. They saw the Error of their 
Predecessors and declared that the Governor having the Cus- 
tody of the Seal is by that constituted Chancellor. The Court 
having been supposed thro' mistake, to arise merely upon the 
Ordinance, and improper Judges having in Consequence 
thereof sat in that Court, could not be any reasonable Objec- 
tion to the same Court being held regularly by the proper 
Judges when the mistake was discovered A 

5 th Objection has been made that there is no Person 
appointed to Administer the Oath of Chancellor or Keeper 
to the Governor. 

To this it is answered that the Members of his Majestys 
Council or any three of them are directed in the Governors 
Commission to Administer the State Oaths to him, together 
with the Oath of Office : And an Oath for the equal and 
impartial Administration of Justice^ in all Causes that shall 
oome before him ; which seems very Sufficient to enable them 
to Administer the Oath of any Office with which he may be 
invested. 

vid.Mins And it is evident in fact, that the Oath of 
coun from Chancellor in so many words, has been Adminis- 

TimeofGovr ' 

Hunter to Govrtered to several of the Governors & other Com- 
manders in Chief of this Province; and by the 
same Authority might have been Administered to every one 
of them. So that if the Governor be the Judge of the Court 
of Equity, there is no Doubt but the Council are impowerd 
to Administer the Oath of Office. 

Such are the Reasons of my Opinion upon this important 
point : and I am happy in having been able to satisfy myself 
Nevertheless they are humbly submitted to better Judges. 

Ricn d STOCKTON 
Jan? 27 th 1770. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 121 

As His Excellency Governor Franklin has no special 
Commission from his Majesty, appointing him Chancellor of 
the Province of New Jersey ; or any Authority whatsoever 
given to him by his General Commission as Governor, im- 
powering him Solely to hold any Court for the Adjudication 
of Causes in a Course of Equity. 

I am of Opinion he is not legally Authorized to proceed 
in the Business of the Court, called the Court of Chancery 
in this Province, so far as relates to the making any equit- 
able adjudications upon Causes now depending or hereafter 
to be brought into that Court. 

FRE SMYTH 

Extract of a Letter from the Chief Justice to his Excel- 
lency inclosing the above Opinion. 

Amboy December 24 th 1769. 
Sir, 

Enclosed you have my Opinion on the Subject of your 
Excellencys question proposed to me as one of the Committee 
of the Council. I have given only a plain Answer to the 
question, as I don't remember any particular reasons were 
desired with our opinions ; however as it may be some satis- 
faction to your Excellency, I shall mention some of the 
Reasons & Authorities on which I have founded my opinion. 

A Court of Chancery I think is essentially necessary to 
the Constitutional Government of the Province, one of the 
Rights of the People the most valuable of their Rights, is, 
to have a regular Administration of Justice, a legal establish- 
ment of Courts of Judicature, is also absolutely necessary, 
and as necessary that the Judges to preside in those Courts 
should have legal unquestionable appointments, more espe- 
cially Judges in Courts of Equity, but what other grounds, 
have We for the establishment of a Court of Chancery in 
this province but merely usage & Custom; which I will 
admit ought to have some Weight, but I doubt is not alone 
sufficient ; but that the Governor of the Province ex Officio 



122 NEW JERSEY COLONIAL DOCUMENTS. [1770 

should be invested with the Authority of a Chancellor or a 
Judge in Equity without any other Commission for that 
purpose, I cannot comprehend. As Chief Justice of the 
Province I never thought myself impowered to hold a Court 
of Oyer & Treminer or Gaol Delivery without a special Com- 
mission, tho' in that respect I should be much more in my 
Office than a Captain General in a Court of Equity. If we 
turn our thoughts, upon this occasion to the Mode of appoint- 
ing the Lord Chancellor, or Lord Keeper of the Great Seal 
in England, compared with your circumstances, very little 
similitude will be found. The Lord Chancellor is expressly 
so named by the King. has the Great Seal delivered to him, 
and takes an Oath faithfully to discharge the Duty of his 
Office. The Lord Keeper in like manner is expressly con- 
stituted to that Office, has the great Seal delivered to him, 
and takes an Oath of Office is our Chancellor or Keeper 
so appointed, or Constituted ? no nomination to the Office by 
the King no Oath of Office taken and as to our great Seal, 
the King calls it a Publick Seal of the Province, in nature of 
a Corporation Seal, and tho' sometimes used for the same 
purposes as the Great Seal in England, is very often applied 
to set a face on Transactions utterly unknown to that Seal. 
If however it should be thought that the Delivery of the 
Seal, such as it is, constitutes a Colony Chancellor or Judge 
in a Court of Equity in this Province, I am furnished with 
some few Historical facts, which I think clearly evince the 
Contrary, and which I shall therefore submit to your Excel- 
lencys consideration. 

As the point for our Opinion, as stated in your question 
(if I remember right,) was only as to your Authority as a 
Judge on the Equity side of the Court of Chancery, I do 
Admit that the Lord Keeper has in himself the Chancellors 
power in Law, or as it commonly expressed the Chancellors 
Ordinary Jurisdiction proceeding in a Course of Law, by 
being Keeper of the Great Seal ; but before the statute 5 th 
Eliz : C. 18. he was not generally taken to have the Judicial 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 

Power in Equity, without a particular grant from the Crown 
for that purpose. If therefore it should be admitted that the 
proceedings on the Law side of our Court of Chancery are 
regular in consequence of the Publick Seal of the province 
delivered to the Governor I think however in order to make 
the proceedings Also regular, on the Equity side of that 
Court, some special Commission from the Crown, should be 
obtained, or a Law of the province passed, declaring and 
establishing the Authority of the Governor to Act as Chan- 
cellor in every respect. 

The transactions relative to Sir Nicholas Bacon in England, 
and some proceedings in an American Government will I 
think show the necessity that some such Course should be 
pursued in this province. 

Sir Nicholas Bacon was made Keeper of the Great Seal in 
the first Year of the Reign of Queen Elizabeth, and having 
omitted to take any Special grant from the Queen to hear 
Causes in the Court of Chancery; some Months after hi& 
appointment procured the following Grant, the Language of 
which will best show for what purpose he obtained it. 

" Elizabeth by the Grace of God &c To all and singular 
" our Subjects Greeting. Whereas We of our special Grace 
"have deputed and assigned our Trusty and welbeloved 
"Counsellor Nicholas Bacon Knight to be Keeper of our 
" Great Seal. Know that We by these presents, do give full 
" Power and Authority to the same Nicholas Bacon as well 
" to hear examine and determine, all Causes, Offences, Con- 
" tempts and matter of whatsoever kind or nature they be of, 
" as to do and use himself in every thing and things with 
" our s d Seal in as large, and Ample manner as our Chan- 
" cellor of England might do. And that he shall have the 
"same power and Authority in every behalf touching the 
"Premises as if he were our Chancellor, And further We 
" grant for us our Heirs and Successors, that all Acts and 
" things done or suffered to be done by the said Nicholas at 
" any time since the Committing of the custody of the said 



124 NEW JEB8EY COLONIAL DOCUMENTS. [1770 

"Seal to his Hands, shall be as good and effectual to all 
" intents and purposes, as if he had been Chancellor at the 
" time of doing or suffering of any such Act or thing : or 
" that he his Heirs or Executors shall in no wise be impeached 
" or answerable for any such Act or thing : and that these 
" oar Letters patents shall be to him sufficient Warrant for 
" the same. In Witness whereof &c Witness the Queen at 
" Westminster &c 

This Grant clearly shows that this Lord Keeper did not 
Imagine that he had power by virtue of that Office to deter- 
mine all Causes in Chancery as the Chancellor without a 
particular Grant from the Crown to that purpose and having 
determined some, without such Authority, he did not argue 
as I expect some persons will do in this Country, that such 
Decrees must be good, because the properties of so many of 
the Subjects depended on them, or that it had been the usage 
for the Practitioners of the Law from time to time, to apply 
to him as Lord Keeper for such Decrees, or because certain 
political inconveniences would follow ; but We see that Sir 
Nicholas Bacon applied himself to legal and proper remedies : 
he first procured the Queens Authority to make them good, 
and afterwards the Stat : of the 5 th of the Queen C. 13. was 
made to declare the common Law to be, that the Keeper of 
the great Seal of England of right hath the same Jurisdic- 
tion, execution of Laws and all other Customs as of right 
belongeth to the Office of Lord Chancellor of England for 
the time being. Sir Henry Spelmans observation on that 
Act of Parliament is, that for the Benefit of that most wise 
Counsellor Sir Nicholas Bacon it was declared by this Law 
that the Authority of the Keeper of the Great Seal and of 
the Chancellor was the same (gee Stat. 5 th Eliz : cap. 18.) 

It appears by the Preamble of this Law that before the 
making of it some doubt or question was risen whether the 
like Jurisdiction and Power did belong to the Office of Lord 
Keeper, as to the Office of Lord Chancellor, indeed if the 
Law in this particular had not before this time been taken 



1770] JOURNAL OP GOVERNOR AND COUNCIL. 125 

to be doubtfull, the said Act of Parliament as well as the 
said Grant or Pardon of the Queens to Sir Nicholas Bacon, 
would both of them [have] been useless, and to no purpose. 
And it is observable in another instance which I will mention, 
how very particularly the Authority of Judges in the High 
Court of Chancery have at all times been ascertained, for not- 
withstanding this Act of 5. Eliz : cap. 18. which declares the 
common Law to be, that the Keeper of the Great Seal had 
the same Jurisdiction as the Chancellor, yet it was not appre- 
hended to extend to Commissioners for the Custody of the 
Great Seal. And therefore again for preventing all Doubts 
and questions that might arise whether all or any of the 
Authorities, Jurisdictions and Powers of the Chancellor or 
Keeper might ba exercised by Commissioners, the Stat. 1 st 
Will. & Ma: cap. 21. was passed. Entituled An Act for 
enabling Lords Commissioners for the Custody of the Great 
Seal to Exercise the Office of Lord Chancellor, or Lord 
Keeper of the Great Seal, see Stat. 1 st W & M. C. 21. 

From this last circumstance with respect to the Commis- 
sioners of the Great Seal, I must think the natural infer- 
rence to be drawn is, that if the Commissioners had had all 
the power of the Chancellor by virtue of their Commission 
or Office, what need had there been for this last Act of Par- 
liament? but this Act and that of 5 th Eliz : ca. 18. and the 
special Grant to Sir Nicholas Bacon to exercise the same 
Jurisdiction as the Chancellor, do all plainly show, that as 
there were doubts as to the Authority and extent of the 
Jurisdiction of the L d Keeper, and the Commissioners of the 
Seal, Laws were passed to remove these Doubts, and to estab- 
lish the matter indisputably, and allow Me to add that if the 
L d Keeper was precluded a Jurisdiction in Equity in the 
Court of Chancery in England without a special Grant or 
Commission from the Crown, surely there is as much or more 
reason that the Governor of a Colony should be furnished 
with some such Special Grant or Commission appointing him 



126 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Chancellor or Judge in Equity, with sufficient Authorities to 
discharge the Office of a Chancellor. 

I mentioned above that some Transactions in an American 
Government might afford some light to help us through our 
difficulties in this province. 

By the antient usage and Custom in the Island of Barbados 
the Governor and Council hear and determine all Causes 
in Equity, keeping strictly to the forms of practice observed 
in the Court of Chancery in England. 

In the Year 1655 a Law of the Island passed reciting 
That Whereas for the Speedy and due Administration of 
" Justice, and right to all, it hath anciently been the Custom 
"and common practice within this Island for the Governor 
"and Council to hear and determine all Writs of Error, 
"Petitions of Grievances, and all other equitable matters 
" whatsoever, which have come and been presented before 
" them, that this course of Administering equal right to the 
"people was adjudged by the Representative Body of this 
" Island best and most expedient. It is therefore the desire 
" of the Gentlemen of the Assembly to the Governor and 
" Council that it may be Enacted and ordained, And be it 
" Enacted &c that the said Custom and Usage of hearing and 
"determining all Writs of Error petitions of Equitable 
" Causes and other such like matters by and before the Gover- 
" nor and Council do continue and be in force according to 
" the Antient Custom and practice within this Island. Any 
" Law to the Contrary Notwithstanding. 

As this Law passed in the Island during the usurpation of 
Oliver Cromwell, we cannot expect to find any Confirmation 
of it in England in the usual Course, but the practice in the 
Court of Chancery in the Island Continued upon the footing 
established by the above Law, until the Year 1720, when in 
effect it has a confirmation by the Lords Justices in the 
absence of King George 1 st in the following words viz 1 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 127 

At the Council Chamber White Hall 12 th Oct r 1720. 

Present 

Abp of Canterbury 
Lord Chancellor &c, <fec, &c, &c, &c, &c, 

" Whereas their Excellencies the Lords Justices in Council 
" having proceeded to hear divers Complaints against Robert 
" Lowther Esq. Governor of Barbados in several of which 
" Complaints it appears that the Governor and Council of the 
" said Island, had taken upon them to hear several Matters 
" in a Court of Grievance ; in which they had exceeded the 
" Bounds of their Jurisdiction, they therefore declare that 
" the proper Jurisdiction of the Court held before the Gover- 
"nor and Council in Barbadoes in matters Cognizable in 
" any of the Courts of Common Law in the said Island is 
" only to correct the Errors and grievances arising in the 
proceedings of the said Courts, and not to proceed originally 
in any Causes except upon Petitions in Matters of Equity" 

Such a Law passed in New Jersey with such a Confirma- 
tion would have prevented our present Doubts. 

I also find that some Doubts arose in Barbados as to the 
Authority of the Council to sit and Judge in matters of 
Equity without a distinct Oath more fully to qualify them 
for that purpose, It was therefore Enacted by a Law which 
passed in the Year 1692, That no person shall be admitted 
to sit and Judge in matters of Equity untill he takes the Oath 
thereby prescribed, which the Governor is to Administer to 
the Council ; and take the same of his own Administration. 
I need not trouble your Excellency with any remarks upon 
these proceedings in Barbados, except that I think the Legis- 
lature there have shown their precedence by removing doubts 
in the most effectual manner in their Power. I could pro- 
duce some other Instances from that Colony where doubts 
arose as to some proceedings in their Court of Exchequer, 
which Doubts they removed by a Positive Law, but as those 



128 NEW JERSEY COLONIAL DOCUMENTS. [1770 

matters are not so directly in point as those I have mentioned 
above I shall not take any farther notice of them. 

Upon the whole as the Crown has made such Ample Pro- 
vision for the Administration of Justice in a Court of Error 
or Appeal in this province, It is to be presumed the like pro- 
vision upon application to the Crown would be made for a 
Court of Chancery, As it is Evident that such a Court is 
equally as necessary as a Court of Error or appeal in the 

province. 

I am &c a 

FRE: SMYTH. 

3 d 

Sam Smiths 1 On considering the Question proposed to 
Opinion /the Council by the Governor relating to 
doubts that had arisen respecting the Authority of the Gov- 
ernor to execute the Office of Chancellor, in this Province. 

I am of Opinion, Lord Cornbury's having the public Seal 
delivered to him, and a Commission impowering him with 
advice & consent of Council to constitute & establish all 
Courts of Law & Equity in this Province, justified the 
original establishment of the Court of Chancery here, and 
that the present Governor having the Seal, and being invested 
with the same Authority in his Commission is sufficient for 
him with the Advice & Consent of Council to continue it. 

l Bfc Because I conceive the words alluded to in the Com- 
mission cannot with propriety bear an adequate meaning 
without including such a Power. 

2 d Because by the printed minutes of Council of New 
York it appears that a Commission of the same import was 
so determined by the Lords Com for Trade & Plantations, 
as by their Report, dated Whitehall June 1W 1712 in the 
same printed Minutes may be seen. 

3. Because the words of the said Commission in the same 
manner construed by Lord Cornbury, the first Governor after 
the Surrender of the Government of this Province to the 
Crown, who was doubtless privy if not to the drawing up, 



1770] JOURNAL OP GOVERNOR AND COUNCIL. 129 

yet to the original design of ev'ry part of the Commission 
and Instructions & who with his Council were most likely to 
Know their meaning and intention, and must have Known 
if there had been any room for a doubt, yet they together in 
consequence of those words in the Commission did by Ordi- 
nance establish a Court of Chancery, to be held by the Gover- 
nor & such of the Council, as took the Chancellors Oath. 

4 th Because the Court so established continued till in Gov r 
Hunter's Administration, when (there being nothing in the 
Commission to restrict the establishment of said Court to be 
by Ordinance) He & his Council for reasons given* in the 
Minutes of Council, did without an Ordinance fix it, that the 
Governor alone should be thereafter Chancellor, and on this 
footing, that Court hath since been continued, Succeeding 
Governors (it is presumed) having considered the establish- 
ment so much conformable to the royal Commission, sufficient 
Authority for their acting as Chancellors and the construction 
so put upon the words of the Commission do not appear to 
have been objected to by the Crown, tho' the practice hath 
continued so long here, as well as in many other Colonies, the 
same Power having been in all the Commissions of all the 
Governors of this Province, ever since the Surrender, and the 
Court of Chancery actually Subsisted (and so as to do busi- 
ness in most of them) near Sixty years. 

5. If any doubts shall remain with Governor Franklin 
after having the Council about continuing the Court on the 
footing it hath Stood ever since Governor Hunters Admin- 
istration, I can have no Objection to altering it to any mode 
less exceptionable. If such an alteration can be proposed & 
that it should be thought necessary by the Governor & a 
majority of the Council to go into any new method, or if it 
would be more to the Governors Satisfaction to lay the matter 
before the King or the Attorney and Sollicitor General, I 
should consider that (on a full State of facts) as an effectual 
measure to obviate any doubts, but in that case, whether the 
Governors being directed to keep & use the Seal, His com- 

9 



130 NEW JERSEY COLONIAL DOCUMENTS. [1770 

mission, the sence of the Lords of Trade have formerly 
expressly given upon similar words in a Commission to the 
Governor of New York & the established practice for so 
many Years both here & in other Governments are not a 
Sufficient Warrant for keeping the Court open to such Suitors 
as under that Circumstance, are willing to use it, till such 
opinions can be obtained is humbly Submitted. 

SAM 1 SMITH 

4 th Cha : Reads 1 As His Majestys Council have been 

Opinion / pleased to Appoint me one of their Com- 
mittee to draw up a Report which may be the foundation of 
an Opinion of the Honourable Board to His Excellency on 
the Interesting Question, Whether the Governor of New 
Jersey is empowered to execute the Office of Chancellor in 
the Province or not. 

I could have wished my particular circumstances and health 
had permitted me to have made more minute and accurate 
researches into the Matter, Nevertheless it appears to me, 
that it is immaterial to the Question Whether the four great 
Courts in England are Coeval with the Constitution ; Whether 
any, or what Variations have been made in their Jurisdic- 
tions or Places of sitting, or whether there be any Power in 
the Crown to make such, or what opinion the Board of Trade 
may have been of at any Time on particular Applications 
made to them, Relative to the Chancerys in America. The 
Matter chiefly or solely, I apprehend turns upon the three 
following Points. 

1 st Whether our migrating Ancestors brought with them 
a right to the Excercise of all or any of those Courts and of 
the Common Law and Statutes before we had Legislatures 
among us ? 

2 dly Whether each Colony has its Constitution established 
and delineated by His Majesty's Letters Patent or not ? 

3 dly How far His Majestys Commission or the Instructions 
require the Governor of New Jersey to excercise the Powers 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 131 

of a Chancellor, or do Warrant him in the Use of such 
Power? 

As to the first, British Subjects cannot by Law leave the 
Kingdom to reside abroad without His Majesty's allowance 
so to do, Therefore if they do so, and should in Multitudes 
settle in any Country They may be supposed to have with- 
drawn themselves from the protection of that Government 
they left, and are without Law untill they shall by mutual 
Agreement throw off their Allegiance to their rightfull Sover- 
eign, and by the same Compact establish some kind of 
Government for themselves, and therefore no Part of the 
British Constitution, nor of the Common, or Statute Law, of 
the Kingdom from which they migrated can be with pro- 
priety said to be their Rule or their Inheritance any further 
than as they by their new Regulations may Copy after it. 
If the Soil whereon these Colonists are Settled belongs to the 
Crown, Then Officers may be Legally Constituted by His 
Majesty at any Time for the Government of it, and its mode 
be either Similar or dissimilar to that of Great Britain It 
is known to every one that it is only such Part of the 
Common or Statute Law, as is most agreeable to our selves, 
and to our particular Circumstances which we by our Prac- 
tice Extend, and not the whole. Whereas If the Common 
and Statute Law in force in Great Britain ; on the Colonists 
leaving it, were Inherent in them and inseperable, they could 
not select one Part, and reject another, which every Days 
Practice shows they do. 

As to the Second Point, We find every Colony almost differ- 
ing from the Other in Mode of Government, and also in Essen- 
tials. At Newfoundland, a Power over property or the 
Determination of it, is not left to a Jury; But by His 
Majesty's Commission to his Governor All disputes of this 
kind are to be adjudged of by the Admiral, Vice Admiral 
and Rear Admiral of the Particular Harbours where such 
disputes arise ; And those Admirals are the first, Second and 
third Captains who arrive in the Harbour on the Fishing 



132 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Trade, And doubtless took its rise from Political Views And 
in Order to raise an Emulation among the Traders to be 
Early on their Fishing Season. In Gibralter and other of 
His Majesty's Garrisons abroad, there it not the least Shadow 
of the Great Courts of Westminster appearing. In Barbados 
The Governor & Council are Constituted a Court of Chan- 
cery by Legislative Act in 1650 and in the other Islands and 
at South Carolina we find the Captains General exercising 
the powers of Chancery, some with, and some without the 
Assistance of the Council. Men are in General fond of 
Power, and this may have induced them at first to have taken 
upon them the Excercise of such Powers as lodged, the dis- 
posal of a Great Share of Property in their hands, and the 
People have acquiesced : Or for ought appears, there may be 
such Power Expressly given by His Majesty in the Com- 
missions for those Places. In Virginia we cannot trace any 
Courts similar to the Courts of Westminster, There Supream 
Courts wherein the Governor presides with his Council, may, 
for ought I know have participated of all four, tho' I have 
never heard they proceeded in the Course of Equity till they 
had that power given to Governor & Council by legislative 
Act These Courts must be Erected by His Majesty's Letters 
Patent or by Legislative Acts or cannot Legally exist, as the 
Governor cannot issue a Commission to himself tested by him- 
self Look into the Charter Governments and you will not 
see the Vestigia of a Court of Chancery, except for a few 
Years in Pennsylvania, and that Court was annihilated on 
the first enquiry into the Legality of its Erection and Exist- 
ence. The forms of Government first established on the Settle- 
ment of a Colony as an Inducement for the Kings Subjects 
and others to leave their Mother Country and Connections to 
Adventure on a new World, I look upon to be the Paeta 
Conventa of the Crown, and the Subjects, to be held by the 
Crown sacred inviolate and unalterable unless by Mutual 
Consent, and that the Subject should on his Part be content 
with the Priviledges therein and thereby granted as being 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 133 

the Basis of the Agreement at the Time of undertaking the 
Settlement. It is Universally known that the forms of 
Government in every Colony throughout his Majesty's 
American Dominions differs in some Matters from every other 
Colony, which leads me to conclude that the Kings Letters 
Patent or Commissions form the different Plans of Govern- 
ment. And it is certain that the Proprietary Governments 
must have Great Seals to Authenticate public Acts and to 
affix to the Commissions for their Officers, tho' a Court of 
Chancery does not exist in them which evidently proves that 
they do not suppose the keeping of the Great Seal constitutes 
the Governor Chancellor. 

Therefore as to the third Point, It will become necessary 
to look into the Royal Commission and Instructions to the 
Governors of New Jersey to find what can be discovered 
there, Relative to a Chancery Court, Tho 7 I think it neces- 
sary to Observe here, that I should look upon the Power of 
the Two Seals under which they are Issued to be vastly 
different, And that the Instructions are only Obligatory on 
the Governor, and explanatory of the Mode his Royal Master 
expects he shall pursue in the Execution of his Commission 
And that the Instructions of themselves as being under the 
Sign Manual can give no Authority to Erect or Dissolve 
Courts, or do any Act of Government but as they seem to 
be Incorporated with the Commission by the first Clause of 
it And thereby have the Authority of the Great Seal of 
Great Britain to give the Instructions a Power, Equal to that 
of the Commission in all such Things as rest with the Crown 
by its Prerogative. In the Beginning of the 2 d Clause of 
his Majesty's Commission the Governor is directed to take 
the Oaths ecjoined by Act of Parliament and for the due 
Execution of his Office .as well with regard to the due and 
Impartial Administration of Justice as otherwise. The 
Second Instruction seems to throw some light on the Matter, 
and to direct us to look where the Governor with his Council 
act as a Court of Judicature. As by the second Instruction 



134 NEW JERSEY COLONIAL DOCUMENTS. [177O 

the Governor and Council are to take an Oath for the due 
Administration of Justice, you will in the 50 th Instruction 
find the Governor and Council erected into a Court of Errors 
to receive Appeals from other Courts in the Colony, subject 
to some Restrictions, and the 51 st gives under certain Pro- 
visoes a further Appeal to the King in Council. 

By the 12 th Clause of the Commission and from the 40 th 
to the 45 th Instruction inclusive, the Governor has the Powers 
of the Ordinary given him for certain purposes, And is the 
sole Judge of the Ecclesiastical Court. In the 45 th Instruc- 
tion he is directed to suffer no unnecessary delay in the Courts 
wherein he presides, which must mean only the Court of 
Errors and the Ecclesiastical one. As there is not the most 
distant hint given the Governor either in his Commission or 
Instructions that he is to take upon him to try Causes in 
Equity, I cannot think it a Duty incumbent on him nor even 
Warrantable under the Royal Commission or Instructions to 
proceed in a Course of Equity, Altho' I am of Opinion by 
his having the Custody of the Publick Seal he should keep 
open the Ordinary side of such Court, or in other Words to 
use the Seal to affix to such Remedial or other Writs as are 
or may be necessary to give Power to the Common Law 
Courts to proceed according to their Established Rules, but 
cant be of Opinion that the delivery of the Seal to him Con- 
stitutes him Chancellor. 

The 41 Bfc Instruction can relate only to the dissolution of 
such Courts as are Legally established, not of such who with- 
out Foundation have assumed a Power: And I confess it 
has ever been my Opinion that the Proceedings in a Court of 
Equity in New Jersey have been Coram non judice. The 
Commission to his Excellency the Governor vests him with 
Power to appoint all necessary Officers & Ministers for the 
Administration of Justice, And the 40 th Instruction directs 
the Mode of appointing, and particularly enjoins That he 
shall not by himself or Deputy exercise any of them, that 
is Excepting those to which he is by the Commission or 
Instructions Expressly appointed. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 135 

Altho' I am elearly of Opinion no Court of Equity exists 
in New Jersey, Yet, as it ,is a Matter of Consequence, I 
would advise His Excellency the Governor, to have this 
Matter settled in Great Britain. 

CHAS: READ 

David Ogdens \ To Determine the Question which his 
Opinion /Excellency Gov r Franklin has put to his 
Majesty 's Council of New Jersey Whether in Virtue of his 
appointment by Commission to be Captain General & Gov- 
ernor in Chief; By his Majesty's Instructions to him, By the 
Publick Seal of the Colony being committed (7) to him, or 
otherwise, he is Authorised to hold a Court of Equity as 
Chancellor in New Jersey ? 

It is thought necessary to consider the same under the 
following Heads. 

1" What were the Original Powers & Business of the 
Court of Chancery in England. 

2 d How is a Court of Equity to be Erected, by the Laws 
of England? 

3 d What was the Constitution of New Jersey in its first 
State of a civilized Government (i. e.) while under the Gov- 
ernment of the Proprietors as to the Erecting of Courts in 
the Province, before it was divided into East & West Jersey ? 

4. Whether a Court of Equity was Erected in both or 
either of the Divisions of New Jersey, When, & how was 
the same Established, & who were the Judges of that Court ? 

5. Whether his Majesty's Commission appointing a Cap : 
General & Governor in Chief of New Jersey, or his Royal 
Instructions Issued therewith, to the Governor or either of 
them, Do give the Governor a Power to hold a Court of 
Equity, or shew his Royal Intention to be, that the Governor 
should hold or be the Judge of such Court ; Or do they 
shew the Contrary ? 

6. Whether the Publick & great Seal of the Province 
being Committed to the Governor, does vest him with 
sufficient Power to hold a Court of Equity in New Jersey ? 



136 NEW JERSEY COLONIAL DOCUMENTS. [1770 

within a Choice or nomination of him by the Crown for that 
purpose expressed. 

7. When was a Court of Equity first held in New Jersey 
after the Surrender of the Proprietors Government to the 
Crown, How was it established, & who have been the Judges 
thereof since it was Erected under the Kings Government. 

8. Is the Chancellor or other Judge of a Court of Equity 
&c. to take an Oath of that Office before he Acts therein ? 
hath the Governors taken the oath of that Office & who is to 
administer such Oath. 

To the first head What were the Original Powers & 
Business of the Court of Chancery in England, It may be 
answered, that altho' this Point is not fully established, yet 
from several Books & good Authorities it appears, that the 
Court was not Originally Vested with any Judicial Power to 
determine in Equity & was Instituted by King William 1 st 
only as a Colledge of Scribes or Clerks to form the Kings 
Writs, Patents & Commissions & to Register or Inroll them 
in their Office, over whom was the Custos Sigilli, Chancellor 
or Keeper of the great Seal, who was to examine the same, 
and, if allowed, to Seal them with the Kings Seal : From 
whence Remedial Writs were to Issue, returnable in other 
Courts & not that the Chancellor should be a Judge of such 
Cases : And that the Chancellor or Keeper were by Oath 
required to Issue all Remedial Writs, which is said to be the 
Jurisdiction of the Court of Chancery, according to its 
ordinary Power, and did not take Cognizance to determine 

in Causes of Equity before the time of Henry. 4. 

When Feoffments to Uses did first begin. 1. 

Chancery Practiser page 2. printed in 1730. 1. 
Practice in Chancery 2. &.' 3. Camdens Britania 80. Second 
Institute 552. which Cites many other Books. From which 
Cases it is evident, that the Original Power of the Chancellor 
or Keeper of the Great Seal was only to execute the Matters 
above mentioned, & not to Judge or determine in Causes of 
Equity. And that the Exercise of a Judicial Power did 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 137 

not necessarily belong to the Chancellor or Keeper of the 
Great Seal, which is further Considered under the Sixth head. 

2. How is a Court of Equity to be Erected by the Laws of 
England ? By sev 1 Book Cases of the best Authority, it is 
evident, that a Court of Equity cannot be raised by Com- 
mission or Letters Patent from the Crown, but must be by 
Act of Parliament or Prescription. 4. Institute 87. 121. & 
248. Hobart 63. Harrisons Practiser in Chancery 8. 

This has long been & Still is the Common Law of Eng- 
land, that the King cannot Erect a Court of Equity to 
abridge the Eights of the Subject in having their Causes 
tried by Jurors their Peers And that the King cannot exer- 
cise that Power out of England in other parts of his Domin- 
ions, appear from 4 Just : 357. 

2. Where Richard 2 d by his Letters Patent Created Robert 
De Vere, Earl of Lincoln, to be Duke of Ireland, whereby 
among other things he Granted him the Power Constituere 
Cancellar, of appointing a Chancellor which is Marked * & 
in the Margent it is Noted that these thus * Marked cannot 
be Granted by Letters Patent. Another Case, which puts 
this Point in a strong Light is in the same Book page 243. 
Where treating of the Court of Equity held before the Presi- 
dent & Council, in the Dominion & Principality of Wales, 
and the Marches of the same, it is said that " This Court is 
Strengthened & Warranted by the Statute of the 34 th Henry 
8. Chap. 26." with a Reference to a Prescription before it in 
these Words," " Item there shall be & remain a President & 
Council in the same Dominion & Principality of Wales, & the 
Marches of the same, with all Officers, Clerks & Incidents to 
the same in Manner & Form as heretofore hath been Used & 
accustomed : Which President and Council shall have Power 
and Authority to hear & Determine by their Wisdoms and 
Discretions, such Causes and Matters as be or hereafter shall 
be Assigned to them by the Kings Majesty as heretofore 
hath been Accustomed & Used " " They (that is the President 
<fc Council) sit by force^of the Kings Commission and Instruc- 



138 NEW JERSEY COLONIAL DOCUMENTS. [1770 

tions, & Proceed as in a Court of Equity by their Wisdoms 
and Discretions." 

A Dispute did Arise whether four Shires there mentioned 
& Included within the Commission to the President and 
Council, were within the Marches of Wales, or not ? And 
it was determined they were not, for several Reasons there 
assigned, the fifth is as follows "By the Resolution af d of 
these four Judges, concerning Cheshire & Flintshire (which 
were included also within the Commission) that they were 
not within the Marches of Wales, and therefore out of the 
jurisdiction of the President & Council, & so Remain untill 
this Day. For a Commission without an Act of Parliament 
cannot Raise a Court of Equity, as often hath been said 
before" From whence it is evident that altho' the Kings 
Commission Expressly Included certain Shires within it, 
which were not part of the Marches of Wales, mentioned 
in the said Statute of 34. Hen : 8. Those Shires were Deter- 
mined to be out of the Jurisdiction of the President & 
Council for the Reasons there mentioned 3 (to wit) That a 
Commission without An Act of Parliam* cannot raise a Court 
of Equity By the last Reason in the same Page Assigned 
it doth appear that on hearing of Council before all the Jus- 
tices in England & Barons of the Exchequer in the 2 d Year 
of King James, they Resolved with one Voice agreeable to 
the Resolution mentioned in the fifth Reason above set forth, 
And the same being made known to his Majesty, He was 
Graciously pleased that the Lord Presidents Commission 
should be reformed. 

To the third Head it may be Observed that by the Conces- 
sions of Lord Berkley & Sir George Carteret made in 1664 
in Book of Constitutions page 16. Sect. 3. It is declared 
that the General Assembly should have Power by Act, to 
constitute all Courts together with their Limits and Jurisdic- 
tions, the Several Offices & number of Officers belonging to 
each Court. 

It appears by the Lawa passed in New Jersey before the 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 13&' 

Province was divided, that County Courts and the Courts of 
Assize were Established to be held in that Part of the Province 
since East Jersey, And no Act appears in the Book of Con- 
stitutions for the Erecting of a Court of Equity before the 
Division of the Province into East & West Jersey, But if 
such Court was Erecled the Presumption is, that it must 
have been by Act of the Legislature, agreeable to the Conces- 
sions of 1664. more especially as by an Act of the Legislature 
of New Jersey passed in 1682. in Book of Constitutions page 
227. Several Courts that were Erected in the Eastern Divi- 
sion without any Act of the General Assembly, were declared 
Void, as being to the manifest infringement of the Liberties 
& Privileges of the Inhabitants &c. 

To the fourth head it may be Observed that by an Act of 
the general Assembly of East New Jersey in Book of Con- 
stitutions page 232. Passed in 1682/3 being the first Sessions 
of the General Assembly after the 24. Proprietors were vested 
with the Soil & Government of East Jersey, the Court of 
Common Right was Established : whereby it was Enacted 
(( That there shall be within the Province one Court, called 
the Court of Common Right, which said Court shall have 
Power & Jurisdiction, to hear try and Determine " all mat- 
" ters 4. Causes. & Cases, Capital, Criminal or Civil, Causes 
" of Equity & Causes triable at common Law : Which Court 
" shall be the Supreme Court of this Province, Which Court 
" shall Consist of twelve Members, or Six at the least." 

From the above Concessions in 1664, and Acts of the 
Legislature of New Jersey it is Observable that the first and 
Early Constitution of the Province, was, that all the Courts 
therein were to be Established by Acts of the General Assem- 
bly, That a Court of Equity was Erected & to consist of Six 
Judges at least. 

To the fifth it may be Observed, that on Examining the 
Commission & Instructions of Queen Ann to Lord Corn- 
bury, the first Governor appointed by the Crown after the 
Proprietors Surrender of the Government of New Jersey in 



140 NEW JERSEY COLONIAL DOCUMENTS. [1770 

1702. (both which are presumed Similar, to the Commissions 
& Instructions to the Succeeding Governors of New Jersey, 
in the matters under Consideration) There is no mention 
either in the Commission or Instructions of the Captain Gen- 
eral & Governor in Chief, being appointed a Chancellor or 
Authorized to hold a Court of Equity within his Govern- 
ment From whence it may be Concluded, that altho' it 
should be admitted that the Crown has Power to Erect a 
Court of Equity and appoint a Chancellor or Judge thereof, 
which it seems from the above mentioned Authorities under 
the second Head (he cannot do) Yet the Crown has not 
Executed that Power either in his Commission or Instruc- 
tions, And no Authority can be derived from either, to the 
Captain General & Governor in Chief, to hold a Court of 
Equity : But the Royal Intentions seem to Evince the Con- 
trary : which may be Collected from the following Matters 
Contained in the Commission & Instructions By the Comis- 
sion to Lord Cornbury in Book [of] Constitutions pages 647, 
648. The Governor is Required & Commanded to do and 
Execute all things, in due Manner that shall belong unto his 
Command, & the Trust Reposed in him according to the 
several Powers & Directions granted him by the Commission 
& Instructions given with the Commission ; From which it 
may be remarked that the Commission & Instructions are 
Equally Obligatory on the Governor, and where one is not 
clear, and the other is full & explicit, the Latter shall explain 
the Intent of the former & be the Rule of the Governors 
Conduct. 

5. By Instruction 41. to Lord Cornbury, in Book of Con- 
stitutions Page 630. The Governor is expressly directed not 
to displace any of the Judges, Justices, or other Officers 
within the Province, Without &c And that he should not 
execute himself, or by his Deputy any of the said Offices. 

This Instruction seems as full & positive a Prohibition to 
the Goveruor, not to Execute the Office of a Judge, as Words 
can express, and how a Governor of New Jersey having 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 141 

these Instructions given him, can exercise the office of a Sole 
Judge in the Court of Chancery, as Chancellor, or how his 
Majestys Council can Advise him thereto, ought to be fully 
& well Considered as it seems diametrically Opposite to the 
Words & Spirit of the Instruction. 

Lord Cornbury was further Instructed relating to Appeals 
in Book of Constitutions 641. in these Words "Our Will & 
Pleasure is, That Appeals be made in Cases of Error from 
the Courts in our said Province of Nova Csesarea or New 
Jersey unto You & the Council there, And in Your Absence 
from our said Province to our Commander in Chief for the 
time being, & our said Council, in Civil Causes, wherein such 
of our s d Council as shall be at (13) that time Judges of the 
Court from whence such appeal shall be made, to you our 
Governor & Council, or to the Commander in Chief for the 
time being & Council as aforesaid, shall not be admitted to 
vote upon the s d Appeals." And by next Paragraph, Liberty 
is Granted to either Party dissatisfied with the Judgement of 
the Governor & Council as af d to Appeal to his Majesty in 
his Privy Council. 

By this Instruction it is evident that Appeals in Civil 
Causes were to be made in Cases of Error only, from the 
Courts in the Province, to the Governor or Commander in 
Chief & Council here, And from the Judgment of the Gov- 
ernor or Commander in Chief & Council, in such Cases of 
Error to the Crown in his Privy Council. From whence it is 
conceived, the Presumtion will Naturally Arise, that if the 
Crown Intended that the Governor should hold a Court of 
Chancery, in the Province & Sit as Sole Judge thereof, An 
Appeal would also have been allowed from the Governors 
Decree in Chancery as in the Cases of Error, And not left in 
the Power of a Governor (6) alone, finally to determine in 
cases of the greatest Consequence, contrary to the English 
Constitution, & the Rights & Liberties of English Subjects. 
Which is conceived a strong Argument, to prove that the 
Crown did not intend, by the Commission & Instructions, 



142 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Granted the Governors of New Jersey, That they should 
hold a Court of Chancery, and Judicially determine any 
Civil Causes therein. 

It may be farther observed that among the s d Instructions 
to Lord Cornbury, one (to wit) the 45 th in the Book of Con- 
stitutions page 631. is. "You shall not Erect any Court or 
" Office of Judicature not before Erected or Established with- 
" out our Special Order." 

That Lord Cornbury in 1704. & Lord Lovelace his Suc- 
cessor to the Government of New Jersey in 1708. did with 
several of the Council take the Oath as Judges in Chancery, 
appears from the Minutes of the Governor & Council of New 
Jersey ; But how long the Court of Chancery was afterwards 
held in New Jersey by several Judges mearly agreeable to 
the Constitution of East New Jersey before the Surrender of 
the Government to the Crown, or at what Period of time the 
Governor did Assume the Power of holding the Court of 
Chancery, solely to determine in Causes of Equity has not 
fully appeared : But so far as the Elizabeth Town Answer 
printed in 1752. to the Proprietors Bill in Chancery, drawn 
by the Honourable John Kinsey Esq r late Chief Justice of 
Pensylvania, Signed by William Livingston & William 
Smith Jun r two eminent Council at Law in New York, & 
Sworn to by the Defendants will prove the same, It was " In 
or about the year 1718. that the Governor of New Jersey first 
Assumed on himself the Power of Chancellor, or the Power 
solely to hear and Determine Causes before him in Equity. " 
As Appears by Page 4. of s d printed Answer, Where the 
Power of the Governor holding s d Court is Protested against. 

From which several Matters, it may with great Season be 
Inferred, that the Crown did neither by his Commission nor 
Instructions Intend, that his Governor should Excercise the 
Power of a Chancellor & Sole Judge in a Court of Equity : 
Nor did the Kings Governors of New Jersey for several years 
after the Surrender of the Government of the Province to the 
rown, conceive that they were Vested with the Sole Power 
of holding a Court of Equity. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 143 

To the 6 th Head whether the Use & Keeping, the 7. Pub- 
lick & Great Seal of the Province, being Granted by Letters 
Patent of the Governour, does Vest him with Sufficient 
Powers, to hold a Court of Equity in New Jersey, as Chan- 
cellor and Sole Judge thereof? 

The Words in the Commission or Letters Patent are, " Our 
" Will & Pleasure is, that you Shall & may, Use and keep; the 
" publick seal of our Province of Nova Csesarea or New Jersey, 
" for Sealing all things whatsoever, that pass the Great Seal 
" of our Province, under Your Government. 

By this Clause the Using & Keeping of the Seal is Granted 
to the Governor, and also the purpose & Intent, of the Gov- 
ernors having & Using the Same, is fully and Clearly 
declared to be only for Sealing all things whatsoever, that 
pass the Great Seal of the Province. To Construe these 
Words to vest a Judicial Power in the Governor to hold a 
Court of Equity, seems very extraordinary, as nothing favour- 
ing that Construction can be collected from the Words, but 
the Contrary (to wit) to do that which Antiently belonged to 
the Great Seal, which was only to Seal with the Kings Seal, 
Letters Patents, Commissions, the Kings Writs as Writs of 
Error, of Dower & Other Remedial Writs & remarked 
under the first Head before mentioned, Whereby the Commis- 
sion & Instructions to the Governors, may be reconciled to 
the Common Law, & to the many adjudged Cases; that the 
King cannot Erect a Court of Equity. 

The Pretence, That the Crown's Granting to the Governor 
of a Colony the Use of the Public Seal of the Province, for 
Sealing all things whatsoever, that pass the Great Seal in his 
Government, Without naming or constituting him Chancellor 
or Judge of a Court of Equity, does Vest the Governor with 
a Power to hold a Court of Equity; Is conceived Void & 
without any Law, Usage or Book Cases to support the Same, 
The two Cases before mentioned under the Second Head, 
taken from 4. Inst 357 & same Book page 242. The one 
Constituting a Chancellor for Ireland, And the other relating 



144 NEW JERSEY COLONIAL DOCUMENTS. [1770 

to the Court of Equity in the Dominion & Principality of 
Wales, are conceived pertinent to this Point. In the first of 
Which Cases, It was determined, that the King could not out 
of England appoint a Chancellor by Letters Patent ; And in 
the Second, could not by Commission raise a Court of Equity, 
or enlarge the extention of its Jurisdiction, without an Act of 
Parliament. As the King in both these Instances, did, by 
express words in his Letters patent, and Commission Grant 
the Office of Chancellor, and Power of holding a Court of 
Equity which were held Illegal & Void ; It may with greater 
Reason be concluded, That where the King by his Commis- 
sion Constitutes 8. a Captain General & Governor in Chief 
of a Colony, without naming or appointing him Chancellor, 
or Granting him Power to hold a Court of Equity, that such 
Governors holding a Court of Equity, within his Governm* 
must be Illegal, since he has not so much as the Will of the 
Crown to Vest him with the Excercise of the Judicial Powers 
of a Court of Chancery. To Suppose that the Committing 
the publick Seal of the Colony alone to the Captain General 
& Governor in Chief of a Province, is of equal Authenticity 
to vest the Possessor thereof with the like Powers as the 
Lord Chancellor of England has to hold a Court of Chancery 
there, by having the Great Seal of Great Britain delivered 
him, and otherwise Authorised by the Kings Election, his 
Oath & being InrolPd to hold that Office, is a Supposition 
conceived altogether Illfounded and unwarranted by the Laws 
of England. The Seals are different, The Great Seal of Eng- 
land is Clavis Regni, or the Key of the Kingdom extending 
to all the Kings Dominions ; The Seal of a Colony is Lim- 
itted within the Bounds of the Colony, & can't disannull any 
thing under the great Seal, & may with Propriety, be con- 
sidered only as the publick Seal of a Corporation or Body 
Politick, confined within the Limitted Powers Granted under 
the Great Seal of Great Britain. To Suppose that the Crown 
under the Great Seal of Great Britain can establish other 
great Seals of equal Efficacy, with that of Great Britain, is a 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 145 

strange Doctrine, Which would be the Case if the Authority 
of holding a Court of Equity was Vested in the Possessor of a 
Provincial Seal, without any Act of the Legislature, or Com- 
mission appointing him to that Office. It is conceived that 
more is Necessary in England (where a Court of Equity is 
legally Established) to Authorise a Chancellor to hold a 
Court of Equity, than the bare delivery of 
p r fctSrTn S chan.i8. &* g^at Seal by the King. He must be 



i chan. Practiser Elected & Chosen by the King to the Office 

printed in 1730. ~, ,, / i i ,1 /-^ -.1 

page 38. of Chancellor (which is not the Case with 

respect to the Governor of New Jersey) He 

i Harris Prac must ^ ave ^ e Great Seal Delivered him by 

en : 19. i. chan. the King, and an Entry made thereof in the 

Close Ro11 in the Court of Chancery, what 
Day & in whose presence the Seal was deliv- 
ered : Nothing Simillar to such Entry, is done in England 
or New Jersey with Respect, to the Governor of New Jersey 
being Chancellor. He must take the Oath 
prescribed for the Chancellor to take, upon 
the Seals being delivered him (mentioned at 
large in Chan : Prac : 41 & 42 and 4 Institute 88.) and then 
he may Seal Writs &c Which , [Oath ?] or any Chancellors Oath, 
has not been taken by several late Governors. 9. It may here 
be remarked, that altho' it should be admitted that the King has 
Power to Erect a Court of Equity in New Jersey, and that 
the Publick Seal of New Jersey is of Equal Validity in New 
Jersey ; as the Great Seal of England is in England ; Yet as 
no Election of the King appears to Constitute the Governor 
of New Jersey to the Office of Chancellor to hold a Court of 
Equity, As no Entry is made of the Governors appointment 
to that Office, and as the Oath of Chancellor is not directed 
to be taken by the Governor, nor has it been taken by several 
of the late Governors, It may with Reason be presumed, 
that the Governor is not Legally Vested with that Office, 
altho' the Use of the Publick Seal has been Granted him, by 
Commission from the Crown, 

10 



146 NEW JERSEY COLONIAL DOCUMENTS. [1770 

That the delivery of the Seal does not alone Constitute a 

Chancellor or that the Office of Chancellor 

i. Hams : (j oes necessarily belong to the Keeper of the 

Prac. in Chan Page 20 , . . _ , ., .. 

ichan:Prac. Great Seal, is evident from the Authontys 

printed in mo: j n fa Margent, which Shew & Prove, that 
after the Office of Lord Chancellor & Lord 
Keeper were united into one Office, and declared the same ly 
the Statute of 5 th of Eliz : The keeping of the great Seal was 
by Commission Granted to four Lords, without any Judicial 
Power ; And a Commission to hear Causes, to four Judges 
exclusive of the Keepers of the Great Seal ; Which Authori- 
ties seems fully to Support the Doctrine, that the Judicial 
Power of a Court of Equity does not belong to the Keeper of 
the Great Seal in England, unless appointed Lord Chancellor 
or has a Commission for that purpose. 

Wherefore it is Submitted, if the Consequence is not clear, 
that the Governors of New Jersey altho' possessed of the 
publick Seal of the Province by Commission, have not by 
Reason thereof the Power of holding a Court of Equity. 

To the Seventh head It may be Observed, That from the 
Minutes of the Governor & Council in 1704. Soon after the 
Surrender of the Proprietors Government to the Crown, & 
during the Administration of Lord Cornbury Governor of 
New Jersey, a Court of Chancery was Established in this 
Province by Ordinance of the Governor & Council. 

Governor Cornbury took the Oath as Chancellor & Several 
of the Council also sworn as Assistant Judges. 

In 1707. the Court of Chancery was Ordered to be Opened 
and Masters appointed., 

10. In 1708. Lord Lovelace Governor & the Members of 
the Council present Severally took the Oath as Judges in 
Chancery. Lewis Morris, Mompesen & c appointed to draw up 
an Ordinance for Chancery. l 

Col Ingoldsby Succeeded Lord Lovelace & no Entry has 
Appeared during his Administration relating to a Court of 
Chancery. In 1713. during the Administration of Governor 

1 See N. J. Archives, XIII., 435. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 147 

Hunter who Succeeded Col Ingolby, Col Morris Moved that 
there might be a Court of Chancery Opened. The Board 
were of Opinion that the Governor having the Custody of 
the Great Seal by Patent under the Great Seal of England is 
by that Constituted Chancellor & that he may when he 
pleases, Constitute Officers & by Proclamation open the 
Court. 

It does not appear, by the Extracts of the Minutes of 
Council that Governor (19) Hunter did, during his Admin- 
istration hold a Court of Equity in New Jersey, in Com- 
pliance with the above Opinion of his Council. l 

In 1723. Governor Burnet (about three Years after his 
-coming to the Government of New Jersey) held a Court of 
Equity in this Province as Sole Judge thereof, & Continued 
to Excercise the Powers of Chancellor during his Administra- 
tion, which ended in the Latter end of the Year 1727 or 
Beginning of the Year 1728. 

All the Succeeding Governors have held a Court of Equity 
in the Province, Several of them as late as Governor Belcher 
took the Oath of Office as Chancellor ; but the Several Gov- 
ernors since the death of Governor Belcher, have only taken 
the Oaths directed to be taken by their respective Commis- 
sions of Allegiance of Supremacy, to the Government, and 
Relating to Trade &c Together with the Oath for the due 
Execution of the Office & Trust of the Captain General & 
Governor in Chief in & over the Province of Nova Csesaria 
or New Jersey, as well with Regard to the equal & Impartial 
* Administration of Justice in all Causes, that should Come 
before them, as otherwise, Which Oath the Council of New 
Jersey or any three of them have by said Commission Power 
.<& are Required to Administer 

From the above State of the Court of Equity in New 
Jersey and the Proceedings therein from the time of the Sur- 
render of the Government to the Crown to this Day : It may 
be Remarked, that the Court of Chancery has been frequently 
Varying without any Legal Establishm* ; That for about the 

i~See N. J. Archives, IV., 70. 



148 NEW JERSEY COLONIAL DOCUMENTS. [1770 

first ten or twelve Years, it was Erected by Ordinance of the 
Governor & Council & was held by the Governor & Council 
11. as Judges thereof. 

That afterwards in 1713. the Council were of Opinion ; 
that the Governor (who was then Coll. Robert Hunter) having 
the Custody of the Great Seal of the Province, was thereby 
Constituted Chancellor, and had power to hold a Court of 
Chancery. But whether Governor Hunter Acted in pursuance 
of the Opinion of Council or not, does not appear. 

That Governor Burnet in or about the Year 1723. & his 
Successors since have Acted as Chancellors & untill the Year 
1747. took the Oath of a Chancellor, and Since that time the 
Governors have only taken the Oath of Office of the Capt n 
General & Commander in Chief above Set forth, the Illegality 
whereof has been considered under the former Heads & it 
may be presumed, that no weight of Argument can arise 
from the changing State of the Court of Chancery in New 
Jersey, to Support the Continuance of it, to be held by the 
Governor as Chancellor & sole Judge thereof. 

8 th Head. Is the Chancellor or other Judge of the Court of 
Equity to take the proper Oath of that Office before he 
Executes the Judicial Powers of that Court. By the English 
Constitution all Judicial Officers are to take an Oath of their 
Respective Offices, before they execute the same, & as it has 
been before shewn under the Sixth Head that the Lord Chan- 
cellor, is not only enjoined to take an Oath of his Office 
before he executes the s d Office, but the Oath he is to take is 
particularly set forth at large in the Books, there can't be* 
any necessity to add farther under this head. 

The Statute of the 5 th of Eliz : Cap : 18 : which declares 
that the Common Law of the Realm is, & always was & 
ought to be taken, that the Keepers of the Great Seal of 
England for the time being hath the same and like Places, 
Authority & may be thought to Operate against what has 
been herein before Offered, (21) to shew a difference between 
the Powers of Lord Chancellor and Lord Keeper, and be 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 149 

thought an Argument of weight in favour of a Governors 
being a Chancellor as he is the Keeper of the great Seal of 
the Province. 

It may be observed that before the Statute of 5 th of Eliza- 
beth there were two great Seals in England the One given to 
the Lord Chancellor and the other to the Lord Keeper ; But 
as by this Statute they were made one Office in England, So 
there was afterwards but one great Seal, which Continues to 
this Day. But that the Common Law always was, that the 
Keeper of the great Seal of England had the same Power 
with the Lord Chancellor, is Contradicted by almost all the 
Books, treating of the Office of the Lord Chancellor, In 2 d 
12. Practising Attorney Page 5. is said "We may also add 
the Stat: 5: Eliz: Cap: 18. Commonly called Sir Nicholas 
Bacons Act, as Projected by him, That under the modest 
Name of Lord Keeper he might Possess the Power & yet 
Avoid the Envy &c the Title of Lord Chancellor would 
expose him to ; And thereupon by that Statute it is Enacted 
as a most certain truth, tho' in fact a notorious falsity, 

" That the Common Law <fec 

From whence it is conceived that nothing can be offered 
from the Common Law to Support that the Lord Chancellor & 
Lord Keeper were equal in Power and Jurisdiction ; Besides 
it may with great Reason be denied, that this Statute can be 
applicable to a Governor of a Colony, having the publick Seal 
thereof; as the Statute expressly Limited the Powers of a 
Chancellor to the Keeper of the great Seal of England only. 

It is also Observable that the Use & delivery of the great 
Seal alone in England since this Statute does not Authorise 
the Possessors thereof to hear & Determine Causes in Equity, 
without being Elected & appointed to execute the Power of 
the Court of Chancery, which is evident from the Cases 
before cited out of Chancery Practiser Page 39. and Harri- 
sons Practiser in Chan : page 20. Where it appears that after 
the Statute of 5 th Eliz : the Seals were delivered to some 



150 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Lords to Keep, & the Judicial Power of the Court of Chan- 
cery was by Commission Granted to Others, 

Upon the whole it is conceived that the Capt n General and 
Governor in Chief of New Jersey cannot in Virtue of the 
Powers granted him, by his Majesty's Commission & Instruc- 
tion By the Use of the Publick Seal of the Province being 
Granted him, or by the Common Law of England or all or 
any of them hold a Court of Equity in New Jersey as Chan- 
cellor & Sole Judge thereof And it is also Conceived that 
his Power arising from the Use of the great Seal being 
granted him Extends only to the Sealing of Patent Commis- 
sions & And the Usual Remedial Writs to the Courts of 
Law. And that the Erecting of a Court of Equity in New 
Jersey does belong to the Legislature thereof; To whom it 
may be proper to apply for the same as it is a Usefull Court 
on many Occasions ; where Relief can't be had at Common 
Law, All which 13. is Submitted to the Council of New 
Jersey for their Consideration, before they give their Advice 
to his Excellency on the above important Point by their 
Hum ble Serv' 

Febry 7 th 1770. DAVID OGDEN 

Mr. Ogdens 1 In further Support of my Opinion that 
further Opinion f the Crown by delivering the Great Seal to 
any Person or Persons not being Elected or Appointed Lord 
Chancellor or Lord Keeper does not Authorize the Possessor 
or Possessors to Hold a Court of Equity, may be added the 
Statute of The 1. W. & Mary Ch. 21 Bt 23. whereby it is 
Enacted that Commissioners Appointed to Execute the Office 
of Lord Chancellor, may Excercise all Authority, Jurisdiction 
& Execution of Laws, which the Lord Chancellor, or Lord 
Keeper of Right ought to Use and Execute. 

This Statute clearly Evinces that the bare Delivery of the 
Great Seal to any Person or Persons not Elected, or Appointed 
to the Office of Lord Chancellor or Lord Keeper was, in the 
Opinion, of the Legislature of England, Insufficient to 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 151 

Authorize such Person or Persons to Excercise the Powers of 
Lord Chancellor, or Lord Keeper, And therefore Provides 
that Commissioners may be Appointed for that purpose. 

It may be here remarked, that if the bare delivery of the 
Great Seal was Sufficient to Authorize the Possessors with 
the Power of a Lord Chancellor, there could have been no 
Necessity of Such Statute, or of a Commission to Issue to 
Impower the Keepers of the Great Seal to Excercise the Office 
of Lord Chancellor: And this Seems a strong Argument 
against the Governor of a Colony being Impowered To Hold 
a Court of Equity, In Consequence of His having the Pub- 
lick Seal of the Colony ; Unless Expressly Commissioned for 
that Purpose. 

Should Prescription come under the Consideration of His 
Majesty 'a Council, I beg leave briefly to mention the Facts, 
with respect to the Length of Time, that a Court of Equity 
has been held in New Jersey, by the Governor as the Sole 
Judge thereof, and point out some Book Cases relating to 
Prescription. 

From the Minutes of the Governor and Council, before set 
forth, it appears that from and after the Surrender of the 
Government to the Crown, untill in the year 1713. The 
Court of Chancery was Held by the Governor and Council 
as Judges of that Court, and it may be Presumed, from the 
above Matters, that the Governor did not Hold such Court as 
the Sole Judge for some Years thereafter. 

"Coke Littleton 115. a. Cokes Notes on Ascum Proofe al 
" Contraria," Says If there be any Sufficient proof of .Record 
" or Writing, albeit it Exceed the Memory or proper knowl- 
" edge of any Man Living, Yet is it within the Memory of 
"Man; For Memory or knowledge is twofold. First by 
" knowledge by Proof; as by Record, or sufficient matter of 
" Entry. Secondly by His own proper knowledge." This 
is Coke's definition of Prescription. And from Vinir, Title 
Prescription. 272. Section 13, and Notes, It doth appear that 
a Prescription arising, by being Beyond the Memory of Man, 



152 NEW JERSEY COLONIAL DOCUMENTS. [1770 

must be only in such Cases, where no Proof could be made 
to the Contrary, either by testimony, or other Evidence, in 
any Time before, without any Limitation of Time. And by 
Section 16, The Time of the Memory shall be Limited to 60 
years, as a Writ of Right, within the Equity of the Statute 
of 32. H. 8. 

From these cases I conceive it Evident that Prescription 
Cannot be of weight, to support the Right of the Governor 
Judicially to Hold a Court of Chancery in New Jersey, as 
the Time, when the Governor first Set as Sole Judge in Chan- 
cery, does appear in evidence from the Minutes of the Coun- 
cil : and as the same has not been practised for 60 Years 
past, I believe such a Pretence if made in this Case, will be 
the First Instance of that Kind ever Offered in this Colony. 

In the Case of S r John Fryer against Bernard, in 2 d Peer 
William, Page 261 & 262, a Question arose whether a 
Sequestration should Issue from the Court of Chancery in 
England, against the Real and Personal Estate of the Defend- 
ant in Ireland, and it was alledged that such Process had 
been awarded to the Governor of North Carolina. 

As to such Sequestration to be Directed to the Governor of 
North Carolina, or any other of the Plantations, the Court 
doubted much whether such Sequestration should not be 
directed by the King in Council, where alone an Appeal lies 
from the Decrees in the Plantations, And it seemed that 
Application ought to be made to the King in Council, and 
not to this Court, 

This Case doth not, as I conceive, any ways concern the 
Point under the Consideration of the Council ; for the follow- 
ing Reasons. Viz* First, because the Legality of the Court of 
Chancery in North Carolina did not come under the Con- 
sideration of the Lord Chancellor, Nor does it appear from 
this Case ; if a Court of Chancery was Constituted there, how 
it was Erected ; whether by Act of the Legislature, or by the 
King. 

Secondly, Because in the Doubtful Opinion that the Seques- 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 153 

tration should be directed by the King and Council, the 
Chancellor does not name, or even Suppose the Governor a 
Chancellor there ; but strongly Implies that the Decree of the 
Chancery in England was to be Carried into Execution thro' 
the King in Council, by His Governor and Commander in 
Chief as such, and not as Chancellor. 

Notwithstanding the Cases herein before Cited, that the 
King cannot Erect a Court of Equity, it may be thought of 
Weight that the Colonists have a Right, as English men, not 
only to the Laws of their Mother Country, but also to the 
Several Courts held in England should this be admitted, I 
conceive that the Question still remains, whether the Gov- 
ernor has the Right of Holding a Court of Equity, or has 
been legally appointed to that Office ; and tnat the Determina- 
tion of the Point Referred to the Council, will altogether Rest 
on the Matters herein before Stated and Considered. 

As some of the Books treating of the Court of Chancery, 
shew that by the Antient Law of England, the King was 
Vested with a Power to moderate the " Sumum Jus," accord- 
ing to Equity and Justice, and precided himself in His Courts 
for that purpose, and that by Reason of the Multiplicity of 
Petitions or Appeals to him, He Deputed a Chancellor to Act 
in his Stead; 

It may be thought an Argument of some weight that the 
Governor of a Colony, Vested with the Powers of Govern- 
ment, may also have right to Excercise the same Powers, 
with regard to the Court of Chancery, as the Kings by the 
Antient Laws of England had right to Do. 

To which may be answered, that the Power was first Per- 
sonal in the King, and when altered it was Vested in some 
Person Legally, and Expressly Deputed for the Excercise of 
that Power. Wherefore I conceive that the Question before 
the Council will Remain, whether the Governor is Legally 
Deputed, Or Appointed Chancellor ; and that nothing can be 
Collected from the Power of the King to Hold a Court of 
Equity in Person, in Favour of a Governour of a Colony 



154 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Holding such Court: But it must arise from His Express 
Appointment to that Office, if it be admitted that the Crown 
at this Time hath Power to Erect such Court. 

D. OGDEN. 

His Excellency Also laid before the Board such part of his 
Majesty s Instructions to him, as relate to the erecting of 
Courts and appointing the Officers thereof in the said province, 
and two extracts from his Majestys Commission to him under 
the Great Seal of Great Britain appointing him Captain Gen- 
eral and Commander in Chief of the Province of New Jersey, 
which Extracts were read and are in the words following, viz* 

" And We do further by these presents give & grant unto 
"you the said William Franklin full power and Author- 
ity with the Advice and Consent of our Said Council, to 
" Erect, constitute and establish such and 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 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 necessary Powers, Authorities, Fees, and 
" priviledges belonging thereto " 

" And We do hereby Authorize and Impower you to con- 
" stitute and appoint Judges and in Cases requisite, Commis- 
" sioners 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 Execution and performance of Offices and places and for 
" the clearing of Truth in Judicial Causes " 

His Excellency was pleased at the same time to lay before 
the Board a number of Extracts from the Minutes of Council 
of this province relative to the Court of Chancery which are 
as follow viz* 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 155* 

Lord Cornbury Governor 

Sep. 29 th 1704. Ordered that an Ordinance be prepared to 
establish a Court of Chancery in this province, and that an 
Additional Ordinance be prepared to that intent to be ready 
against to morrow morning, and that in it there be a limita- 
tion but of two Council on a side. 

Nov r 20. 1704. The Ordinance for establishing a Court 
of Chancery within this Province read & ordered to be 
engrossed 

Nov r 30. 1704. His Excellency Edward Lord Viscount 
Cornbury Captain General & Governor in Chief took the 
Oath appointed in the Ordinance for the establishing the 
High Court of Chancery as Judge of said Court. 

Andrew Bowne, William Pinhorne, Thomas Kevell Daniel 
Leeds and Roger Mompesson Esq rs took the Oaths appointed 
as Judges of the s d Court of Chancery. 

May 26. 1707. Ordered that the Court of Chancery for 
this Province be Opened to morrow. 

May 28. 1707. The Ordinance for the Chancery read, & 
the Court opened and M r Wheeler & M r Huddy Sworn Mas- 
ters in Chancery, adjourned. 

May 30 th 1707. M r John Pinhorne & M r John Shake- 
nople Sworn Clerks in Chancery. 

Dec r 21. 1708. Lord Lovelace Governor 
The Members of the Council present severally took the 
Oath, of Judges in Chancery of this province and the usual 
Oaths. 

R. Hunter Governor 

Jan 7 1 st 1710. Ordered that L. Morris R. Mompesson r 
Peter Sonmans & T. Gordon Esq do prepare an Ordinance 
for a high Court of Chancery to be held in this province 
see the Councils address in the next page. 

Jan 7 3 d 1710. Lewis Morris Esq. reported from the Com- 
mittee appointed to prepare and draw up an Ordinance for 
establishing a high Court of Chancery in this province that 



156 NEW JERSEY COLONIAL DOCUMENTS. [1770 

they had met and some dissenties arising bout the persons to 
be Commissionated as Judges in Chancery, how or in what 
nature they were to be Commissionated or to Act, he was 
directed to report the same to the Board, and the matter 
having been debated at the Board, Ordered that the Debate 
be adjourned, till another time 

March 17 th 1713. On the Motion of Colonel Morris that 
there might be a Court of Chancery opened The Board are 
of Opinion that the Governor having the Custody of Seal, by 
Patent under the Great Seal of Great Britain, is by that Con- 
stituted Chancellor, and that he may when he pleases for to 
Constitute proper Officers, and by Proclamation declare the 
said Court to be Open. 

Aug. 5 th 1715. Governor Hunter took the Oath of Chan- 
cellor. 

Oct r 28 th 1723. W. Burnet Governor 

See the Opinion of Council as to the Governor & Councils 
establishing Courts &c a with the Kings Instruction on that 
head both as to Law & Equity. 

Nov r 23 d 1723. His Excellency acquainted this Board 
that he had appointed John Wills & James Smith Esq 
Masters in Chancery, and Peter Bard Esq. examiner in 
Chancery. May 1 st 1724. Ordered that the Gentlemen of 
this Board or any five or more of them be a Committee to 
prepare an Ordinance for regulating of the Fees to be taken 
by the Officers in the Chancery of this Province. Mr. 
Johnston reported from the Committee that they had pre- 
pared a Draught of an Ordinance for settling the Fees to be 
taken by the Officers in the Court of Chancery in this 
Province which he was ready to report when this Board 
would receive the same, 

Ordered, that the report be made immediately which was 
accordingly done and agreed to by the Board, and Ordered 
that an Ordinance do issue in pursuance of the said Draft. 

Feb 7 1 st 1727 A Motion made by Ja s Alexander founded 
on a Decree made by Governor Burnett in Chancery. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 15T 

July 4 th 1730 John Montgomerie Esq r Governor 
Ordered that the Gentlemen of the Council or any three of 
them be a Committee to revise the Ordinance of Fees for the 
Court of Chancery, and to moderate the same in such manner 
as they shall judge agreeable to the Circumstances of this 
Province, and to Consider of remedies for any Abuses that 
they may discover to have crept into the practice of this 
Court. 

July 13 th 1730 M r Hugg, Chairman of the Committee to 
whom was referred the revising the Ordinance of Fees for 
the Court of Chancery, and to Moderate the same, and to 
consider of remedies of any abuses that they may discover to 
have crept into that Court, reported they had gone thro' the 
Ordinance for regulating Fees, and made several Amend- 
ments thereto, which was read, and agreed to by this Board.-^ 
Ordered that the said Ordinance be printed. M r Hugg also 
reported that they had gone through the remedying of 
Abuses that they have discovered to have crept into the said 
Court which was read and agreed to by this Board. Ordered 
that the said Remedies be printed. 

W m Cosby Esq r Governor 

May 4 th 1733. His Excellency took the Oath of Chan- 

cellor. 

March 16. 1735/6 John Anderson Esq. President took the 
Oath of Chancellor. 

March 31 st 1736 John Hamilton Esq. President took the 
Oath of Chancellor. 

June 19. 1747 John Reading Esq. President took the 

Oath of Chancellor 

August 10. 1747. Jonathan Belcher Esq. took the Oath of 
Chancellor & Keeper of the Great Seal. 

July 26 th 1750 John Coxe declares tie never would any 
more appear before his Excellency 
Gov r Belcher as Chancellor see also 
Rich' Bordens Oath upon that Occa- 
sion Since which (Governor Belchera 



158 NEW JERSEY COLONIAL DOCUMENTS. [1770 

time) the Governors took an Oath for 
the due and impartial Administration 
of Justice, but not that of Chancellor. 
June 16. 1750. Governor Bernard 
July 4. 1760 Governor Boone 
Octo r 29. 1761 Governor Hardy 
Feb r 28. 1763. Governor Franklin 

All took this Oath, i. e. for the due & impartial Adminis n 
of Justice. 

The Council taking the same into Consideration, and con- 
ceiving that a Matter of so much Importance required Mature 
Deliberation took time to confer thereon till Monday next. 

His Excellency was pleased to lay before the Board Extracts 
from his Majesty s 15 th 36 th 37 th & 43 d Instructions which were 
read and ordered to be inserted in the Minutes in the Words 
following. 

15 th Instruction " You shall not give your Assent to any Law 
for repealing any other Act passed in your 
Government, altho' the same should not 
have received our Royal Approbation, 
unless you take care that there be a Clause 
inserted therein suspending and deferring 
the Execution thereof untill our Pleasure 
be known concerning the same." 

36 th Our Will and Pleasure is, that you or the Commander 
in Chief of, our said Province for the time being, do in all 
^Civil Causes, on Application being made to you, or the Com- 
mander in Chief for the time 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, 
and the Council of our said Province : And you are for that 
purpose to issue a Writ in the manner which has been usually 
accustomed returnable before yourself and the Council of our 
s d Province who are to proceed to hear and determine such 
Appeal, wherein such of our Council as shall be at that time 
Judges of the Court from whence such Appeal shall be so 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 159 

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 Judgment given by them in the 
Causes wherein such Appeals shall be made. Provided Never- 
theless that in all such Appeals the Sum or value appealed for 
do exceed the Sum of three hundred Pounds Sterling, and that 
Security be first duly given by the Appellant to Answer such 
Charges as shall be Awarded, in case the first Sentence be 
Affirmed, and if either Party shall not rest satisfied with the 
Judgement of you or the Commander in Chief for the time 
being, and Council as afs d Our Will and Pleasure is that 
they may then Appeal unto us in our Privy Council, Pro- 
vided the Sum or value so Appealed for unto us exceed Five 
hundred Pounds Sterling, and that such Appeals be made 
within fourteen days after Sentence, and 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 Nevertheless, where the mat- 
ter 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 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, tho' the immediate Sum or value 
Appealed for be of a less value ; and it is our farther Will and 
Pleasure, that in all Cases where, by your Instructions, you 
are to Admit Appeals to us in our privy Council, Execution 
be suspended untill the final determination of such Appeal, 
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 Judgement or Decree, in case, 
upon the Determination of such appeal, such Decree or Judg- 
ment should be reversed, and Restitution awarded to the 
Appellant." 



160 NEW JERSEY COLONIAL DOCUMENTS. [1770 

37 th " You are also to permit Appeals to us in Council in 
all cases of Fines imposed for Misdemeanors, Provided the 
Fines so imposed amount to or exceed the value of two hundred 
Pounds Sterling, the Appellant first giving good Security that 
he will effectually prosecute the same, and Answer the Con- 
demnation ; if the Sentence by which such Fine was imposed 
in our said province of New Jersey shall be confirmed." 

43 d " It is our Will and Pleasure, that you do countenance 
and give all due Encouragement to all our Patent Officers, in 
the Enjoyment of their Legal and accustomed Fees, Rights, 
Privileges, and Emoluments according to the true Intent 
and Meaning of their Patents." 



At a Council held at Burlington on Monday the 26 th of 
March 1770 

Present 
His Excellency William Franklin Esq. Governor in Chief &c 

The R* Honble The Earl of Stirling 

f Charles Read Samuel Smith ^ 

The Honble^ John Smith John Ladd VEsq" 

I John Stevens James Parker J 

His Excellency was pleased to lay before the Board a 
Representation from sundry of the Justices of the Peace in 
the County of Burlington, that Isaac Ivins Esq. one of the 
Justices in the said County, hath made a practice of selling 
strong Liquors by small Measure at the time of holding his 
Courts, and in many other Cases hath acted contrary to the 
Known Laws of this Province ; whereupon the Council 
advised his Excellency to Order the Deputy Secretary to 
give Notice to the said Isaac Ivins to appear before the Gov- 
ernor in Council on the ninth day of May next at Burlington 
to Answer the said Complaint. 

The Council resumed the Consideration of the several mat- 
ters laid before them on the 21 8t instant relative to the Court 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 161 

of Chancery, and having drawn up their Opinions in writing 
they were severally delivered in, and read in the words fol- 
lowing. 

Mr. Parkers \ Your Excellency having requested the 

Opinion /Opinion of your Council in Respect of the 
Court of Chancery of this Province, and the Power of the 
Governor for the time being to Act as Sole Judge of that 
Court. In order to found my Opinion on the matter, I 
think it proper to turn back to the Transactions of your Pre- 
decessors, as Chancellors from the first settlement of the 
Province. 

It appears by the Records, that before the Surrender of the 
Government by the Proprietors to the Crown, there was a 
Court of Chancery in the Province which I make no doubt 
upon the Surrender, was intended to be continued by the 
Powers given by her late Majesty Queen Anne, in her Com- 
mission dated the first of December, in the first Year of her 
Reign, to Lord Viscount Cornbury, the first Governor ap- 
pointed by the Crown, in the following words. " And do 
" further give and grant unto you full Power and Authority 
" with the Advice and Consent of our said Council to erect 
" constitute and establish such and so many Courts of Judica- 
" ture and Publick Justice, within our said Province under 
" your Government as you and they shall think fit and neces- 
"sary, for the hearing and determining all Causes as well 
" Criminal as Civil according to Law and Equity &c. 

Agreeable to which, it appears by the Minutes of Council 
of the 20 th of November 1704 That an Ordinance was made 
for Establishing a Court of Chancery within this Province, 
and his Excellency Lord Viscount Cornbury, and five of his 
Majestys Council, of which Roger Mompesson Esq. Chief 
Justice of the Province was one, were appointed and took the 
Oath as Judges of the said Court. 

That in December 1708 Lord Lovelace being Governor 
The Members of his Majestys Council severally took the 

11 



162 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Oaths of Judges in Chancery. It likewise Appears that 
from the first of January 1710 Kobert Hunter being then 
Governor, the Governor and Council being in doubt about 
the manner of Establishing the Court of Chancery, untill the 
17 th of March 1713. when the Council gave it as their 
Opinion, that " the Governor having the Custody of the Seal 
" by Patent under the Great Seal of Great Britain, was by 
"that Constituted Chancellor, and that he might when he 
"pleased constitute proper Officers, and by Proclamation 
"declare the said Court to be Open." Which Opinion I 
conclude was founded on the following words in his Majestys 
Commission to his Governors. 

" Our Will and Pleasure is that you shall and may use and 
" keep the Publick Seal of our Province of Nova Ccesaria or 
41 New Jersey for Sealing all things whatsoever that pass the 
" Great Seal of our s d Province under your Government." 

5 th August 1715 That Governor Hunter took the Oath of 
Chancellor, from which time he and his Successors Governors 
of the Province have Acted as Sole Judges of the Courts of 
Chancery, but it does not appear that either Governors Ber- 
nard, Boone, or Hardy took the Oath of Office as Chancellor, 
All which shows that the Court of Chancery has from the 
first settlement of the Province been held upon a very uncer- 
tain and precarious footing. 

I conceive the Great Seal was delivered to Viscount Corn- 
bury as Governor, and as no express words in his Commis- 
sion Authorized him to make use of it in a distinct Office, 
that it never was the intent of the Crown that he should by 
his being intrusted with the Seal only, take upon him to Act 
as Chancellor. And as he could not commit it, to the Cus- 
tody of any other Person than his Successor in Government I 
am of Opinion that the Establishing the Court of Chancery 
by Ordinance and appointing him as Principal Judge was 
agreeable to the Intent of the Crown, and the Powers given 
to the Governor & Council by the Words of the Commission 
already recited. -The Chief Justice, the Second Judge of the 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 163 

Supreme Court, and two of the most Eminent Lawyers in 
the Province being likewise of his Majestys Council, having 
given their Opinion to your Excellency on this head, I would 
gladly have been excused from saying anything on a Subject 
which I think more proper for the Consideration of the Gen- 
tlemen of the Law but called upon by your Excellency I 
think myself bound to do it, more especially as there are 
several matters now depending in Chancery, and others pre- 
pared to be delivered in, as soon as you think fit to receive 
them, of the greatest importance, as well to the Province 
.as to Individuals. For which reason I think it adviseable, 
that your Excellency, as soon as conveniently may be, Estab- 
lish a Court of Chancery by an Ordinance as it was done in 
the time of Viscount Cornbury, And that a proper State of 
this matter be drawn up and transmitted as soon as Possible, 
to his Majesty, for his further Instructions therein In Order 
( that the Court in which the determination of the Property of 
so many of his Subjects of this Province depends, may be 
Established on such a footing as to remove all Doubts on 
this Head, and Warrant the Chancellor in his Proceedings. 
Burlington March 26 th 1770. JAMES PARKER 

Mr. Ladds 1 In regard to the Court of Chancery I have 
Opinion / nothing to say further than what has been men- 
tioned by some of the Gentlemen of the Council, but What is 
within the Compass of my own Remembrance. 

In the Administration of Governor Hunter, in the Year 
1714 or 1715 a Land Trial of very great Consequence was 
had in the Supreme Court of this Province held at Burling- 
ton, and a Verdict and Judgement obtained for the Plaintiff; 
.some Principal Lawyer concernd for the Plaintiff as May 
Bickley of New York, and others, after the Trial was over 
were Apprehensive the Defendants would Attempt to remove 
the Causes into Chancery ; and thereupon hurried the Plain- 
tiff from Burlington down to Gloucester, with Writs of Pos- 



164 NEW JERSEY COLONIAL DOCUMENTS. [1770 

session, they came to my Fathers House, and the next morn- 
ing the Sheriff with a number of People went and delivered 
the Plaintiff Possession of the Tracts of Land ; I was present 
at the whole proceedings. 

I likewise well remember several other Suits in that Court 
being brought, and determined, from forty to fifty Years ago,, 
and heared the Circumstances of the several Cases, and much 
Conversation about them from the Parties, as well as the At- 
tornies and Council concerned, with whom I had an intimate 
acquaintance ; But don't recollect ever hearing any of them 
that disputed or questioned the Authority of the Court; 
These several Suits were during the Administration of Gov- 
ernor Hunter, Governor Burnett, Governor Montgomerie, 
Governor Cosby & Governor Morris, all of which I well 
remember. From all which Circumstances and the several 
Transactions had to Institute the Court, I am of Opinion the 
Court exists to the present time, which is humbly submitted 
to his Excellency Governor Franklin. 

March 26 th 1770. JOHN LADD 

Mr. Stevens's 1 His Excellency Governor Franklin in the 
Opinion / Month of November last informed the Coun- 
cil that some doubts had arisen respecting the Authority of 
the Governor to Execute the Office of Chancellor in this 
Province, at which time a Committee of the Council was 
appointed to examine on what establishment said Court has 
hitherto been held. As I am not of that Committee and wa& 
not present at their Appointment I have had no Opportunity 
of making the necessary inquiries on a Subject of so import- 
ant a Nature, but as his Excellency has now requested my 
Opinion I can at this time only say that from the Arguments 
and State of Facts now laid before the Governor and Council 
in writing by the Gentlemen of the Committee, who seem to 
have taken a good deal of Pains on the Subject, and from the 
other Matters laid before the Council by his Excellency, That 
I am of Opinion that a Court of Chancery in this Province 
is requisite, and that it ought to be Kept open, but that at 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 165 

this time & ever since the Year 1713. the Court has not been 
held on a proper establishment, as no Ordinance for erecting 
said Court or qualification to several of the Chancellors ap- 
pears. I therefore with submission Advise that the Governor 
and Council do form an Ordinance for the Establishment of 
the Court of Chancery, to Consist of his Excellency the Gov- 
ernor with such of the Council or others as shall be thought 
proper and fitting for the Trust, and that they all take the 
necessary Qualifications for the due discharge of their Duty ; 
and that every Step may be taken to give Authority & Per- 
manance to the Court ; I would propose that a full State of 
the Court of Chancery, as to the manner in which it has been 
from time to time held, be made out and transmitted to our 
most Gracious Sovereign, for his further Instructions to the 
^Governor with regard to his Will and Pleasure therein. 
Burlington March 26 th 1770. JN STEVENS 

Jn Smith's 1 May it Please the Governor As it hath been 
Opinion I desired that each Member of Council should 
deliver in writing his Opinion respecting the existence of a 
Court of Chancery in this Province, and upon the Questions, 
whether the Governor is constituted Chancellor thereof, or 
that it is in the Power of the Governor and Council by Ordi- 
nance to appoint one or more Persons to execute the Office. 
I have attentively beared and considered all the Arguments 
which have been advanced upon the Subject, and do report it 
as my Judgement that the Governor is appointed Sole Chan- 
cellor by these words in his Commission "And our further 
" Will and Pleasure is that you shall and may use and Keep 
" the publick Seal of our Province of Nova Caesarea or New 
" Jersey for the Sealing all things whatsoever that pass the 
" Great Seal of our said Province, under your Government." 
As the Offices of Lord Keeper and Lord Chancellor, were 
long before this in England united into one, and the Appoint- 
ment of the Officer was by delivery of the Great Seal, It 
seems reasonable to suppose that our Great Seal being Kept 
in the Province, the delivery of it was intended to be done by 



166 NEW JERSEY COLONIAL DOCUMENTS. [1770 

the above expressions, and though more apt ones might be 
now devised, it must be remembered those were first used 
near seventy Years ago, Why Lord Cornbury and his Coun- 
cil chose to constitute a Court and Officers by Ordinance, 
seems at this distance of time, attended with difficulties to 
explain ; I conjecture one reason to have been the residence 
of the Governor being chiefly at New York, and that it was 
therefore thought necessary to have some of the Judges in the 
Province for, the more easy recourse of Suitors. It appears 
however clear that in the Year 1713 the Governor and Coun- 
cil were of Opinion that the Governor was Sole Chancellor 
by being made Keeper of the Great Seal, and that Opinion 
and frequent practice thereupon seems to have been adopted 
for about half a Century. Upon this Principle strengthened 
by long usage, I cannot but think it quite safe, for the Gov- 
ernor to Proceed in doing the Business of Chancery in the 
usual manner But if his Doubts continue I should think it 
adviseable to have a full and clear state of the Case presented 
to the Attorney General and Solicitor in England for their 
Judgement, or if he should not be willing to Keep the Office 
open without, or a Majority of the Council should be of 
Opinion that he can or ought not, then I think a new Ordi- 
nance ought to be prepared and Issue for naming the Officers 
and appointing regular Terms for holding the Courts, in such 
manner as may be agreed upon. I have not chose to enter 
into the first mentioned Consideration, whether a Court of 
Chancery does exist in the Province, because it seems to be 
agreed on all hands, that it either actually does, or that there 
are full Powers in the Governor and Council to Erect it, and 
in either case, the remedies and Priviledges of such an indis- 
pensable part of our Constitution, may be continued and 
maintained. 
Burlington 3 d mo 26 th 1770. JOHN SMITH. 

P. 8. If it should be concluded upon to issue an Ordinance, 
The Statute of I 8t Wm and Mary Cap. 21. will furnish some 
hints for divers usefull matters not in the Old one. 



1770] JOURNAL, OF GOVERNOR AND COUNCIL. 167 

Lord Stirlings 1 After considering the several Opinions 
Opinion /of the Gentlemen of the Committee and 
the other matters laid before the Council by his Excellency 
the Governor on this Occasion, I think it appears that from 
the time of this Province first becoming an English Colony 
in 1664 to this day a Court of Equity in some Shape or 
other has always existed in it. 

That during the first State of the Colony, under the 
Proprietory Government, the Administration of Equity was 
by several Judges or Commissioners appointed by the Pro- 
prietors in virtue of Powers to them from the Crown thro' 
the Duke of York. 

That immediately after the Surrender of the Government 
by the Proprietors into the Hands of the Crown in 1702. 
Her Majesty Queen Anne appointed the Viscount Cornbury 
Governor of this Province, and by her Commission under 
the Great Seal of England impowered him with the Advice 
and Consent of his Council to Erect Courts of Law and 
Equity, and to Commissionate and appoint the Judges thereof. 

That in pursuance of such power and Authority the Vis- 
count Cornbury by and with the Advice of his Council, did 
by Ordinance under the Great or public Seal of the Province, 
appoint himself and several of the Members of his Council 
Judges of the Court of Equity, or Chancery, and by the 
same Ordinance did appoint Masters, Clerks and other officers 
of the Court of Chancery, and did Also therein impower the 
said Court to settle the Fees of the said Court, and its several 
Officers, untill otherwise settled by Law. 

That the Court thus Constituted by Ordinance did Act, 
and continued to Act as a Court of Chancery during the 
Administrations of Lord Cornbury and Lord Lovelace. 

That on Governor Hunters first meeting his Council in 
New Jersey in 1710 a Committee of the Council was ordered 
to prepare an Ordinance for the Court of Chancery, and two 
days after M r Lewis Morris from the Committee reported, 
" that some difficulties arising about the Persons to be Com- 



168 NEW JERSEY COLONIAL DOCUMENTS. [1770 

" missionated Judges in Chancery, and about the manner of 
" their being Commissionated, the Committee had directed 
" him to report the same," the matter having been debated at 
the Board " Ordered that the Debate be adjourned till another 
time," and thus the Matter rested untill the Year 1713, 
When Governor Hunter on the Opinion of his Council, 
" that by having custody of the Great or publick Seal of the 
" Province he was of Course Chancellor," assumed (without 
any Commission or appointment by and with the Consent of 
his Council) to be Chancellor or Sole Judge of the Court of 
Equity of this Province. 

That not any one Governor or any other Person or Persons 
have since the Year 1713, been appointed Chancellor or 
Judge of the Court of Equity of this Province agreeable to 
the Directions in the Royal Commission and Instructions or 
otherwise. 

That most of the Governors of this Province since the 
Year 1713. have Acted as Chancellors, upon no other Au- 
thority than the Opinion of Governor Hunter's Council, and 
that I think in direct Contradiction to the Royal Commission 
and Instructions 

That tho' most of the Governors of this Province have 
Acted as Chancellors, and that not more than half of them 
Appear to have taken any Oath for the due Performance of 
that Office. 

That the Common Law of England is so interwoven with, 
and qualified by the Chancery, that the one is become neces- 
sary to the existence of the other. 

That as the Common Law of England is in general adopted 
and used in this Province, a Court of Chancery in it is 
become absolutely necessary. 

Wherefore I am of Opinion -that his Excellency Governor 
Franklin having never been appointed Chancellor or Judge 
of the Court of Equity of this Province agreeable to the 
directions in the Royal Commission and Instructions, nor 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 169 

having ever qualified as Judge of that Court cannot be jus- 
tified in Acting as Chancellor of this Province. 

That the Governor by and with the Advice and Consent 
of his Majesty s Council of this Province hath by virtue of 
the Koyal Commission and Instructions full Power and 
Authority to appoint and Commissionate any person or 
persons they may think Proper to be the Judge or Judges 
of the Court of Equity of this Province, and from time to 
time as occasion from Death or otherwise may require to 
appoint and Commissionate others in their Place. 

That a Court of Chancery is become so very necessary in 
this Province that any long delay of the appointment of the 
Judges thereof will be dangerous, if not ruinous to the Prop- 
erties of many of its Inhabitants. 

That one or more proper Persons be by Ordinance in 
Council immediately appointed Judge or Judges of the 
Court of Equity of this Province. 

However if from the long practice in this Province of the 
Governor acting as Chancellor, any Doubt should arise of 
the Propriety of thus appointing Judges of the Court of 
Equity, I would advise that Application be made to our 
most gracious Sovereign for his further Instruction to the 
Governor with regard to his Will and Pleasure herein. 

Burlington March 26 th 1770. STIRLING. 

It appearing that a Majority of the Members of this 
Board are of Opinion that the Judge or Judges of the Court 
of Chancery be appointed by Ordinance : The Council after 
mature Deliberation advised that his Excellency Governor 
Franklin be, by Ordinance appointed the Chancellor or 
Judge of the Court of Equity of this Province, and that the 
Attorney General be desired to prepare a Draught of an 
Ordinance for the better establishing the high Court of 
Chancery of this province, and for appointing his Excellency 
Governor Franklin the Chancellor or Judge thereof. 



170 NEW JERSEY COLONIAL DOCUMENTS. [1770 

At a Council held at Burlington on Tuesday the 27 th of 

March 1770. 1 

Present 

His Excellency William Franklin Esq Governor in Chief &c 

The R* Honble The Earl of Stirling 

f Charles Read Samuel Smith ^ 

The Honble < John Smith John Ladd VEsq 

I John Stevens James Parker) 

Cortland Skinner Esq. laid before the Board a Letter 
under the Hand of Henry Wilmot Esq. late Agent for this 
Colony at the Court of Great Britain, dated Bloomsbury 
Square 20 th Septem* 1769 directed to the said Cortland 
Skinner Esq. in which is a Paragraph in the following words. 

"Sir, 

" I received your Obliging Letter of the 25 th of Novem r 
" and according to your desire I have transmitted you my 
" Account. I did not know it was necessary for me to send 

1 The General Assembly, which had been in session since March 14th, was on the 
above-given date prorogued. While the journal of the Council, as an advisory 
board, during that time, has been preserved, its journal as a branch of the General 
Assembly cannot be found. During the eleventh day in which the body was in 
session the following bills were enacted, viz. : 

1. An An to revive and amend An Act Entitled An Act for better settling and 
regulating the Militia of this Colony of New Jersey, for the repelling Invasions and 
Suppressing Insurrection and Rebellion. 

2. An Act for preventing dangerous tumults and riotous Assemblies, and for the 
more speady and effectual punishing the Rioters. 

3. An Act to revive and continue the Process and Proceedings lately depending 
in the Inferior Court of Common Pleas and Court of General Quarter Sessions of the 
Peace for the County of Monmouth. 

4. An Act to provide more effectual Remedy against Excessive Costs in the 
Recovery of Debts under Fifty Pounds in this Colony, and for other Purposes 
therein mentioned. 

5. An Act for defraying incidental charges. 

6. An Act to explain and amend An Act of the General Assembly passed in the 
Tenth Year of his Majestys Reign, Entitled An Act for the Relief of Insolvent 
Debtors, and for other Purposes therein mentioned. 

7. An Act to revive An Act Entitled An Act to prevent Waste from being com- 
mitted upon the Common Land allotted to the Patent of Secaucus in the Corpora- 
tion of Bergen. . 

8. An Act to Enable the Owners and Possessors of certain Meadows and Marshes 
bounding on Delaware River and Salem Creek, in Lower Penn's Neck, in the County 
of Salem, to stop out the Tide from overflowing the same. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 171> 

" my Order to any Body to receive what is due, I thought 
" it had been remitted to me here, and I had endorsed the 
" Bills for it. > You are very obliging in offering to receive 
" this Money for me, and I shall take it as a favour if you 
" will, and do hereby impower you to receive the same, and 
" as fully and effectually to give a receipt for the same, as I 
" myself could do if personally present." 

His Excellency laid before the Board a Petition from John 
Fox, and another from John Throckmorton both of Amwell 
in the County of Hunterdon, complaining of sundry Instances 
of Misbehaviour in Lewis Chamberlain Esq. one of the 
Justices of the Peace in the said County, and praying relief 
from sundry Oppressions they have suffered from the Judge- 
ments of the said Lewis Chamberlain 

Whereupon his Excellency with the Advice of the Council 
was pleased to Order the Deputy Secretary to give Notice 
to the said Lewis Chamberlain to appear before the Governor 
in Council on Wednesday the 9 th of May next to Answer the 
said Complaints. 

His Excellency also laid before the Board a Petition from 
Uriah Carl a Prisoner in the Gaol of the County of Mon- 
mouth, praying that his Excellency will be pleased to remit 
the Imprisonment *he is ordered to suffer by a late Sentence 
of the Court of Oyer and Terminer in that County. Where- 
upon the Council advised his Excellency to grant the Prayer 
of the said Petition, on Condition that the Petitioner bind 
out his Daughter to her Grand mother or to such Person or 
Persons as any two of the Judges of the s d County of Mon- 
mouth shall approve, and on Condition likewise that he shall 
immediately depart the Province, and not return to it again. 

His Excellency also laid before the Board a Petition from 
John Dodd and David Dodd two of the Persons concerned 
in the late Riot in the County of Essex, acknowledging their 
Contrition for the said Offence and praying that they may 
be released from the Imprisonment they now are under by 
Sentence of the Court. Whereupon the Council Advised hi& 



172 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Excellency to issue a Pardon for releasing the s d John Dodd 
and David Dodd 1 from their Imprisonment, and his Excel- 
lency was Pleased to order a Pardon to be made out accord- 
ingly, and delivered to the Attorney General to be presented 
in open Court at the next Sessions in the County of Essex. 

His Excellency was pleased to nominate the following 
Persons to be Justices of the Peace in the several Counties 
undermentioned, Viz* Samuel Ogden to be a Justice of the 
Peace in the County of Morris. 

John Hartshorne to be a Justice of the Peace in the County 
of Monmouth. 

Thomas Terrill to be a Justice of the Peace in the County 
of Somerset. 

Martin Kyerson and John Gregg to be Justices of the 
Peace in the County of Hunterdon 

John Combs to be a Justice of the Peace in the County of 
Middlesex 

Joseph Savage to be a Justice of the Peace in the County 
of Cape May. 

His Excellency was also pleased to nominate Micajah How 
Esq. to be a Judge of the Pleas in the County of Hunterdon. 

To all which the Council Assented 

The Council being informed by some of the Members 
present, that Josiah Holmes, one of the Justices of the Peace 
in the County of Monmouth hath aided, and given Coun- 
tenance to the late riotous proceedings in the County of Mon- 
mouth, and greatly misbehaved himself in his said Office 
advised his Excellency to remove the said Josiah Holmes 
from his said Office of a Justice of the Peace, And his 
Excellency was Pleased to order that a Supercedeas be issued 
directed to the said Josiah Holmes. 

His Excellency was pleased with the Advice of the Coun- 
cil, to sign the following Warrants. 

1 See N. J. Archives, X., 187. 



1770] JOURNAL OF GOVERNOR AND COUNCIL,. 173 

N 396 To himself or order for one Quarters 
Salary as Commander in Chief end- 
ing 21 st of February last SCO,, 0,, 

397 To himself or order for one Quarters 

House Rent 15,, 0,, 

398 To the Chief Justice for one Quarters 

Salary 37 ,,10,, 

399 To M r Justice Read for one Quarters 

Salary 12 ,,10,, 

400 To M r Justice Berrien for one Quar- 

ters Salary 12 ,,10,, 

401 To the Clerk of the Council for one 

Quarters Salary 7 ,,10,, 

402 To the Attorney General for one Quar- 

ters Salary 7,, 10,, 

403 To the Western Treasurer for one 

Quarters Salary 10 

404 To the Eastern Treasurer for one 

Quarters Salary 10,, 

405 To the Clerk of the Circuits for one 

Quarters Salary 5,, 

406 To the Door Keeper of the Council 

for one Quarters Salary 2 10 

407 To Richard Smith Esq. one of the 

Clerks of the Assembly for enter- 
ing the Minutes in their Journal, 
and Copying the same and the Laws 
of the last Session for the Printer.. 34 9 

408 To the Deputy Secretary for Copying 

the Laws of the two last Sessions 

to send to England 16 19 4 

409 To the Chief Justice for holding a 

Special Court of Oyer and Terminer 
in the County of Essex, and a like 
Court in the County of Monmouth 
in February last 20,, 



174 NEW JERSEY COLONIAL DOCUMENTS. [1770 

410 To James Parker Esq. his Majestys 

Printer to this Province for print- 
ing the Laws and Votes of the 
Sessions of General Assembly in 
1769 194,, 1,, 9 

411 To David Overton Door Keeper to 

the House of Assembly for 58 days 
attendance at the Session in 1769, 
and 14 days attendance at this 
Session 12 12 

412 To Kichard Smith Esq. for 14 days 

attendance as Clerk of the Assem- 
bly at this Session, and for Extra 
Services as allowed by an Act for 
defraying incidental Charges 12 

413 To Cortland Skinner Esq. for three 

Years Salary to Henry Wilmot Esq. 
Agent for this Colony at the Court 
of Great Britain allowed by several 
Acts of Assembly 300,, 0,, 

.392 To the Honble John Stevens Esq. (in 
lieu of a Warrant of the 6* of 
Decem r last suggested to have been 
lost) 6,,12,,- 

395 To the Honble James Parker Esq. (in 
lieu of a Warrant dated the 6 th of 
December last suggested to have 
been lost) 12,, 0,, 

414 To the R* Honble the Earl of Stir- 

ling for twenty days Attendance 
as one of his Majestys Council at 
this Session 6,, 0,, 

415 To the Honble Charles Read Esq. for 

sixteen days attendance 4 1 6 

416 To the Honble John Smith Esq. for 

fourteen days attendance 4 4 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 175 

417 To the Hofible John Stevens Esq. for 

fifteen days attendance 4 10 ,, 

418 To the Hofible Samuel Smith Esq. 

for fourteen day s attendance 4,, 4,, 

419 To the Hofible John Ladd Esq. for 

sixteen days attendance 4 16 

420 To the Hofible James Parker Esq. for 

eighteen days attendance 5 8 

421 To the Hofible Richard Stockton Esq. 

for nine days attendance 2 14 

The Attorney General having prepared the Draught of an 
Ordinance, Agreeable to the Order of Yesterday, the same 
was laid before the Board, which being read was after some 
Amendments made therein, approved and ordered to be 
engrossed. 



At a Council held at Burlington on Wednesday the 28 th 
of March 1770. 

Present 
His Excellency William Franklin Esq. Governor in Chief &c 

The R* Hofible The Earl of Stirling 

c Charles Read Samuel Smith ^ 

The Hofible < John Smith John Ladd VEsq" 

I John Stevens James Parker J 

The engrossed Ordinance for the better establishing the 
High Court of Chancery of this Province, and for appoint- 
ing his Excellency Governor Franklin Chancellor or Judge 
thereof being read and compared, was unanimously consented 
to and passed. And his Excellency the Governor was 
humbly requested to order the Great Seal to be Affixed there- 
to, and that the same be duly published and recorded, which 
<his Excellency promised should be done accordingly. 

Then the Oath appointed by the said Ordinance to be 



176 NEW JERSEY COLONIAL DOCUMENTS. [1770 

taken by the Chancellor was Administered to his Excellency 
by one of the Members of the Council in Presence of the 
Council. 



At a Councill held at Burlington on Wednesday the 9 th 

of May 1770. 

Present 

His Excellency William Franklin Esq Governor 



f 



David Ogden Samuel Smith -\ 
Charles Read James Parker 

The Honble < John Smith The -Chief Justice [ Es( l r 

Richard Stockton J 



The Board taking into Consideration the Complaints of 
John Fox, & John Throckmorton exhibited on the twenty 
seventh day of March last against Lewis Chamberlain Esq r 
one of the Justices of the Peace in the County of Hunterdon, 
and the Parties being called in and fully heared, the Board 
were unanimously of Opinion that the said Complaints were 
by no means supported, and that it did not appear that the 
said Justice had acted in anywise inconsistent with his Duty 
as a Magistrate in the matters complained of 

The Board likewise taking into Consideration the Com- 
plaint of several of the Justices of the County of Burlington 
against Isaac Ivins Esq one of the Justices of the Peace in 
the said County His Excellency laid before the Board a 
Letter from the said Isaac Ivins requesting a dismission from 
his said Office, whereupon the Council advised his Excellency 
to order a Supercedeas to issue to the said Isaac Ivins. 

His Excellency laid before the Board a Complaint in 
writing exhibited by John Corwine against the said Lewis 
Chamberlain Esq r which Complaint is now filed, and the 
parties being called in and heared, the Board were of Opinion 
that the Facts charged in the said Complaint were not sup- 
ported in such manner as to Merit any censure on the Con- 
duct of the said Justice. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 177 

The Council Advised his Excellency to issue a Commission 
of Oyer and Terminer for holding a Court in the County of 
Monmouth on the 28 th Instant directed to the same Gentle- 
men as Judges who were inserted in the last Commission for 
that County, together with Walter Livingston Esq. 

His Excellency was pleased te Sign the followinglWarrants 
To the Treasurers of New Jersey to pay. * 

N 422 To the Hofible the Chief Justice for 
holding the Court of Oyer and 
Terminer, and General Gaol De- 
livery in the Counties of Gloucester, 
Salem, and Cumberland in April 
last : and a Court of Oyer and 
Terminer and General Gaol De- 
livery in the County of Cape May 
the 4 th Instant 40,, ,, 

N 423 To Thomas Wetherill for seventy two 
days attendance as Serjeant at Arms 
the two last Sessions of General 
Assembly 10,, 16,, 

His Excellency was pleased to nominate John Lake junior 
to be a Coroner in the County of Burlington to which the 
Council assented. 



At a Council held at Burlington on Friday the 12 th day 

of May 1770 

Present 
His Excellency the Governor 

( David Ogden James Parker ^ 

The Honble^ Charles Read The Chief Justice VEsq" 

I Samuel Smith Richard Stockton) 

His Excellency was pleased to nominate the following 
Persons to be Justices of the peace. 

Trevor Newland to be a Justice of the peace in the County 

12* 



178 NEW JERSEY COLONIAL DOCUMENTS. [1770 

of Monmouth. Abram Cottnam Esq r Absalom Bainbridge, 
and Henry Cook, to be Justices of the Peace in the County 
of Hunterdon, and Garret Thibou Justice of the Peace in the 
County of Bergen. 

His Excellency was also pleased to nominate Lewis Cham- 
berlain Esq r to be a Judge of the Pleas in the County of 
Huulerdon, and Joseph Skelton Esq r a Judge of the Pleas 
in the County of Middlesex. 

To all which the Council assented. 

His Excellency laid before the Board a Petition from 
sundry of the Inhabitants of the Township of Mansfield in 
the County of Burlington praying that a patent may be 
granted for the same, and a Draught of the patent being read 
and approved of, the Board advise his Excellency to affix the 
Seal thereto. 

M r Parker presented to the Board an application in writ- 
ing praying the Governor would be pleased to issue his pro- 
clamation to the Officers and Magistrates of this Province, 
requiring them to aid and Assist the Agents Surveyors and 
others appointed to settle the Boundary Line between this 
Province and the Province of New York. 

Whereupon His Excellency with the Advice of the Council 
^ras pleased to issue the following proclamation. 

By His Excellency William Franklin Esq. 

[Seal at Captain General, Governor and Commander in 

Arms] Chief in and over the province of New Jersey, 

and Territories thereon depending in America 

Chancellor and Vice Admiral in the same & c 

A Proclamation 

Whereas it hath been represented to Me by the Agents on 
the part of New Jersey for managing the Controversey rela- 
tive to the Boundary Line between this Province, and the 
province of New York ; that the Agents for the two prov- 
inces have mutually agreed to run the Line from the Latti- 
tude of forty one Degrees on Hudson's River, to the Mouth 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 179 

of Mahackamack on Delaware River, according to the Decree 
of the Court of Commissioners appointed by his Majesty for 
that purpose, in order to promote the final Establishment 
thereof; and by confirming the Bona Fide purchasers, who 
are settlers in their possessions on each side of the said Line, 
quiet the Minds of the People, and Secure the peace and 
Tranquility of that part of the Province, for which purpose 
they have appointed Surveyors to begin to run the said Line 
on the Twenty first day of this Instant May, under the 
Inspection of William Wickham and John De Noyellis Esq" 
on the part of New York, and John Stevens, Walter Ruther- 
ford and James Parker Esq or any two of them on the 
,part of New Jersey 

I do therefore with the Advice and Consent of His 
Majesty s Council hereby strictly command and enjoin all 
officers Civil and Military, and other the Inhabitants of this 
Province, that they by no means obstruct a Work so Salutary, 
and of so much Consequence to the Peace of both Colonies, 
especially to the inhabitants residing on or near the said Line : 
but to be aiding and assisting to the said Agents, Surveyors 
and others employed in running the said Line, and such other 
matters as the said Agents by mutual Agreement shall direct 
to be done for the purposes aforesaid. 

And I do hereby strictly charge and command all Officers, 
Civil and Military, and other his Majesty's Liege Subjects of 
this province to apprehend and bring to punishment all and 
every Person and Persons whatsoever who shall presume to 
Molest or hinder the said Agents, Surveyors and others, or 
either of them in the Services aforesaid, as they will answer 
the Contrary at their Peril. / 

Given under my Hand and Seal at Arms at the City of 
Burlington the twelfth day of May in the tenth year of his 
Majestys Reign Anno Domni 1770 

W m FRANKLIN 

By His Excellency Command 
CHA S PETTIT, D Secretary. 

God save the King 



180 NEW JERSEY COLONIAL DOCUMENTS. [1770 

At a Council held at Burlington on Saturday the 9 th of 
June 1770. 

Present 
His Excellency the Governor 

c Charles Read ^ 

The Sonble \ John Smith I Esq rs 
I Samuel Smith j 

His Excellency was pleased to nominate Ebenezer Foster 
to be a Justice of the peace in the County of Middlesex, and 
Augustine Hied to be a Justice of the Peace for the County 
of Morris. To which the Council assented. 

His Excellency was pleased to sign the following Warrants 

N 424 To himself or Order one Quarters 
Salary as Commander in Chief of 
this province, ending the 21 st of 
May last 300,, ,, 

425 To himself or Order one Quarters 

House Kent 15,, 

426 To the Chief Justice one Quarters 

Salary 37 ,,10,, 

427 To M r Justice Keed one ditto 12,,10,, 

428 To M r Justice Berrien one d 12 10 

429 To the Clerk of the Council one d.... 7 10 

430 To Attorney General one d. . 7 10 

431 To the Western Treasurer one d 10 

432 To the Eastern Treasurer one Quarters 

Salary 10,, ,, 

433 To the Clerk of the Circuits one d... 5 

434 To the Door keeper of the Council 

one d 2,, 10,, 

435 To the Deputy Secretary for copying 

the Laws of last Sessions to go to 

England 1 18 4 



1770] JOURNAL OF GOVEBNOB AND COUNCIL. 181 

436 To Richard Smith Esq r one of the 

Clerks of the House of Assembly 
for entering the Minutes of last 
Sessions in a Journal, Copying the 
same for the Printer, and Copying 
the Laws for the Printer 6 1 8 

437 To the Hofible Samuel Smith Esq 

one of the Treasurers of this Prov- 
ince for exchanging the ragged & 
Torn Bills of Credit amounting to 
5398 9 at 6d ^ 134 19 
and for sinking 5653. 4. 9. 
atlp'Cent 56 10 8 



191,, 9,, 



At a Council held at Burlington on Tuesday the 21 Bt of 
August 1770 

Present 
His Excellency William Franklin Esq. Governor 



f Charles Read 
The Hofible^ John Smith 
I Samuel S 



Jead ^| 

ith VEsq rs 

Jmith J 



His Excellency was pleased to sign the following Warrants 
'to the Treasurers, ordering them, or either of them, to pay 

N 438 To Himself or Order for one Quar- 
ters Salary as Commander in Chief 
of this Province ending this day... 300 

439 To Himself or Order One Q rs House 

Rent 15,,-,,- 

440 To the Chief Justice One Q" Salary... 37 10 

441 To M r Justice Read d 12 10 

442 To M r Justice Berrien d 12 ,,10,, 

443 To the Clerk of the Council d... 7 10 

444 To the Attorney General d. 7 10 

445 To the Western Treasure d 10 



182 NEW JERSEY COLONIAL DOCUMENTS. [1770 

446 To the Eastern Treasurer d 10 

447 To the Clerk of the Circuits d 5 

448 To the Door Keeper of the Council d 2 10 

His Excellency was pleased to lay before the Board His 
Majestys disallowance of two Acts of the General Assembly 
of this Province passed in the ninth Year of His Majestys 
Reign, together with the Report of the Board of Trade to 
His Majesty respecting the said Acts which disallowance is 
in the words following 

[Privy Seal] At the Court at S* James's the sixth day of 
June 1770. 

Present 
The Kings most Excellent Majesty 

Lord President Earl of Bristol 

Duke of Queensbury Viscount Weymouth 

Duke of Ancaster Viscount Barrington 
Earl of Rochford 

Whereas by Commission under the Great Seal of Great 
Britain the Governor, Council and Assembly of His Majestys 
Province of New Jersey are Authorized and Impowered to 
make constitute and ordain Laws Statutes, and Ordinances 
for the publick Peace welfare and good Government of the 
said Province ; which Laws Statutes and Ordinances are to 
be as near as conveniently may be, agreeable to the Laws and 
Statutes of this Kingdom and are to be transmitted for His 
Majestys Royal Approbation or disallowance 

And whereas in pursuance of the said powers, an Act was 
passed in the said province, in the year 1769 and transmitted 
intituled as follows Viz* "A Supplementary Act to an Act 
" intituled an Act appointing Commissioners for finally set- 
" tling & determining the several Rights, Titles and Claims 
st to the Common Lands of the Township of Bergen, and for 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 

" making Partition thereof in just and equitable proportions, 
"among those who shall be adjudged by the said Commis- 
" sioners to be entitled to the same." 

Which Act together with a Representation from the Lords 
Commissioners for Trade and Plantations, thereupon having 
been referred to the Consideration of a Committee of the 
Lords of his Majesty 's most Honourable Privy Council, 
The Lords of the Committee did this day report to His 
Majesty as their Opinion that the said Act ought to be dis- 
allowed. His Majesty taking the same into Consideration 
was pleased with the Advice of his privy Council to declare 
his disallowance of the said Act, and pursuant to his Majesty's 
Royal pleasure thereupon expressed, the said Act is hereby 
disallowed, declared Void and of none Effect ; Whereof the 
Governor or Commander in Chief of His Majestys said 
Province of New Jersey for the time being and all others 
whom it may concern, are to take notice and Govern them- 
selves accordingly. 

STEPH: COTHELL 

[Privy Seal.] At the Court at 8* James's the 6 th day of 
June 1770. 

Present 
The Kings most Excellent Majesty 

Lord President Earl of Bristol 

Duke of Queensbury Viscount Weymouth 

Duke of Ancaster Viscount Barrington 
Earl of Rochford 

Whereas by Commission under the Great Seal of Great 
Britain the Governor, Council, and Assembly of His Majestys 
Province of New Jersey, are Authorized and Impowered to 
make, constitute, and ordain Laws, Statutes, and Ordinances 
for the publick peace, welfare and good Government of the 
said Province, which Laws Statutes and Ordinances are to be. 



184 NEW JERSEY COLONIAL DOCUMENTS. [1770 

as near as conveniently may be agreeable to the Laws and 
Statutes of this Kingdom, and are to be transmitted for his 
Majesty's Royal Approbation, or disallowance. And whereas 
in pursuance of the said powers, An Act was passed in the 
s d Province in the year 1769 and transmitted, intituled as 
follows, Viz* 

"An Act for striking One hundred thousand pounds in 
"Bills of Credit" 

Which Act together with a Representation from the Lords 
Commissioners for Trade and Plantations, thereupon having 
been referred to the Consideration of a Committee of the 
Lords of His Majestys most Honourable Privy Council The 
said Lords of the Committee did this day report to His 
Majesty as their Opinion, that the said Act ought to be dis- 
allowed. His Majesty taking the same into Consideration, 
was pleased, with the Advice of His Privy Council, to declare 
his disallowance of the said Act, and pursuant to his Majesty's 
Royal Pleasure thereupon expressed the said Act is hereby 
disallowed, declared Void and of none Effect, Whereof the 
Governor or Commander in Chief of His Majestys said 
Province of New Jersey for the time being, and all others 
whom it may concern, are to take Notice and Govern them- 
selves accordingly. 

STEPH COTHELL. 

His Excellency was pleased to ask the Advice of the 
Council as to the time of calling the General Assembly, and 
the Council Advised his Excellency to appoint the Meeting 
of the General Assembly on Wednesday the 26 th day of 
September next, at Perth Amboy. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 185 

At a Council held at Perth Amboy on Friday the 28 th of 
September 1770 

Present 
His Excellency William Franklin Esq. Governor & c 



R'Hofible f e Earl of 'Stirling 

TheHonbleU ' , 

v James Parker 



Stephen Skinner Esq r came into Council and presented to 
his Excellency the Governor, His Majesty's Mandamus under 
the privy Seal, which was read, and is in the following words 

[L. 8.] 
George R. 

Trusty and well beloved, We Greet you well, We being 
well satisfied of the Loyalty, Integrity and Ability of our 
Trusty and welbeloved Stephen Skinner Esq r have thought 
fit hereby to signify our Will and Pleasure to you, that forth- 
with upon Receipt hereof, you Swear and admit him the 
said Stephen Skinner to be of our Council, in our Province 
of New Jersey, in America, in the room of Lewis [Morris] 
Ashfield Esquire deceased, And for so doing this shall be your 
Warrant, And so We bid you farewell. Given at our Court 
at S* James's the sixteenth day of December 1769 in the 
tenth Year of our Reign 

By His Majesty's Command 

HlLLSBOROUGH 

Superscribed thus. 

To our Trusty and Welbeloved William Franklin Esq. our 
Captain General and Governor in Chief in and over our 
Province of Nova Csesarea or New Jersey in America, and 
in his Absence to the President of our Council, or to the 
Commander in Chief of our said Province for the time being. 

Whereupon the said Stephen Skinner Esq. took the Oath 
.and made and subscribed the Declaration according to Law 



186 NEW JERSEY COLONIAL DOCUMENTS. [1770 

and also the oath of a Privy Counsellor, and was admitted 
to his Seat accordingly 



At a Council held at Perth Amboy on Monday October 

the 8 th 1770. 

Present 

His Excellency the Governor 

The Honble f Peter Kemble The Chief Justice 

R* Honble I Earl of Stirling Stephen Skinner 

Cortland Skinner Esq. the Speaker of the House of Assem- 
bly having been taken ill during this Session of General 
Assembly M r Fisher and M r Wetherill from the House of 
Representatives waited on his Excellency, and requested leave 
to proceed to the Choice of a New Speaker, to which his 
Excellency was pleased to Assent. 

M r Berrien and M r Smith from the House of Represen- 
tatives waited on his Excellency and informed him that the 
House had chosen Stephen Crane Esq for their Speaker, and 
desired to know when his Excellency would be pleased to 
receive their presentation of him. Whereupon his Excel- 
lency was pleased to say he would receive the House imme- 
diately in the Council Chamber 

The House of Representatives attended in the Council 
Chamber, and presented Stephen Crane Esq r as their Speaker 
of whom his Excellency was pleased to approve. 

At a Council held at Perth Amboy on Wednesday October 
the 17 th 1770 

Present 
His Excellency the Governor 

r Peter Kemble 

The Honble J David Ogden James Parker ^ 

R* Honble 1 Earl of Stirling The Chief Justice I Esq" 

The Honble L John Stephens Stephen Skinner ) 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 187 

His Excellency was pleased to sign the following Warrant 

N 449 To the Honble Frederick Smith Esq ro 
for holding the Courts of Oyer and 
Terminer in the Counties of Hun- 
terdon and Monmouth in May, in 
Somerset in June, and in Bergen in 
September last 40,, ,, 

His Excellency informed the Board that the Clerk of the 
Crown pursuant to a Warrant from the late Speaker of the 
House of Assembly had applied to him to order the Great 
Seal to be affixed to a Writ, for the Election of a Member to 
serve in the General Assembly of this Province for the 
County of Essex in the Room of John Ogden Esq r who hath 
resigned with the leave of the House and his Excellency 
doubting the Legality of such Resignation, desired the Opinion 
of the Council whether it would be proper to order the said 
Writ to be Sealed or not. 

The Council taking the same into Consideration desired 
time to confer thereon, and Examine Precedents. 

His Excellency was pleased to lay before the Board sundry 
Complaints and Affidavits relative to the Conduct of Elisha 
Bassett Esq r one of the Justices of the Peace in the County 
of Salem : whereupon the Council advised his Excellency to 
order the D Secretary to notify the said Elisha Bassett of the 
said Complaint, and require him to attend his Excellency in 
Council at Burlington on the 21 st day of November next, to 
answer the said Complaint 

His Excellency was pleased to nominate the following 
Persons to be Justices of the Peace, Viz* 

Thomas Brown (of the Quorum) Daniel Smith, John 
Jacobus Van Boskirk, and Abraham Montaine, for the 
County of Bergen. David Miller for the County of Essex. 
And Constant King for the County of Morris. 

His Excellency was also pleased to nominate John Benson 
and Abraham Jacobus Ackerman, to be Coroners in the 



188 NEW JERSEY COLONIAL DOCUMENTS. [1770 

County of Bergen. And Joseph Olden to be a Coroner in 
the County of Middlesex. To all which nominations the 
Council Assented. 



At a Council held at Perth Amboy on Friday the 26 th of 
October 1770. 

Present 
His Excellency the Governor 

The Honble Peter Kemble 

R* Honble Earl of Stirling James Parker 

The Honble John Stevens The Chief Justice 

His Excellency was pleased to nominate Abraham Van 
Campen, and William Annis to be Justices of the Peace, and 
M r Robert M c Murtrie to be a Judge of the Pleas for the 
County of Sussex, to which the Council assented. 

The Board having resumed the Consideration of the Matter 
referred to them by his Excellency on the seventeenth Instant, 
relative to the Sealing a Writ for the Election of a Member 
to serve in the General Assembly in the Room of John 
Ogden Esq r who hath resigned, were unanimously of Opinion 
that the voluntary Resignation of a Member of the Assembly 
without any Legal Cause, or disability to continue his attend- 
ance in the House being assigned may be introductive of 
great inconvenience to the Province, and so far as appears to 
them at present is a proceeding totally unsupported by any 
precedent from the Usage of Parliam* The Council there- 
fore advised his Excellency to defer the Sealing or Issuing a 
Writ for the Election of a Member for the County of Essex 
in the Room of the said John Ogden Esq r till farther Light 
can be obtained on the Subject of the present Doubt. 



1770] JOURNAL OF GOVERNOR AND COUNCIL. 



At a Council held at Perth Amboy on Saturday October 
27 th 1770. 

Present 
His Excellency The Governor 

The Hofible Peter Kemble 
R* Honble Earl of Stirling 
John Stevens 



The Honble 

The Chief Justice 

His Excellency was pleased to sign the following Warrants. 

N 450 To the Hofible Peter Kemble Esq for 
twenty days attendance as one of 
His Majesty's Council at this Session 7 1 6 

451 To the Honble David Ogden Esq. for 

twenty one days attendance as one 

of the Council at the same Sessions 6 6 

452 To the E,' Hofible William Earl of 

Stirling for thirty three days attend- 
ance as one of the Council at the 
same Sessions ........................... 9 18 

453 To the Hon ble John Stevens Esq for 

nineteen days Attendance, as one of 

the Council at the same Sessions.... 5 14 

454 To the Hofible James Parker Esq for 

eighteen days Attendance as one of 

the Council at the same Sessions.... 5 8 

455 To the Hofible Frederick Smith Esq. 

for thirty three days attendance, as 
one of the Council at the same 
Sessions ................................. 9 18 ^ 

456 To the Hofible Stephen Skinner Esq r 

for thirty three days attendance as 
one of the Council at the same 
Sessions .................................. 9 18 



190 NEW JERSEY COLONIAL DOCUMENTS. [1770 

457 To the Hofible Stephen Skinner Esq. 

one of the Treasurers of this Prov- 
ince for sinking 13543 16 8, at 
1 ^ Cent, as *$ Certificate now pro- 
duced in Council 135,, 8,, 9 

458 To Henry Richards, Doorkeeper to 

the House of Assembly, thirty two 
days Attendance this Sessions at 
3/6 f Diem 5,,12,, - 

459 To Andrew Robinson for thirty two 

days Attendance as Serjeant at Arms 
to the House of Assembly at 3/ ^ 
Diem 4 16 

460 To Jonathan Deare Esq for thirty 

two days Attendance as Clerk of 
the Assembly at this Session and for 
pen, Ink, & paper & as allowed ^ 
Support Bill 26,, ,, 

461 To Margaret Hews Widow of Rich d 

Hews late Doorkeeper to the House 
of Assembly, One Year and three 
quarters Salary to the 7 th of Feb- 
ruary 1770 17 10 

462 To Edward Haswell Doorkeeper to 

the Council half years Salary, from 
the 7 th February to the 7 th of 
August 5,, ,, 

463 To Isaac Bonnell Esq Barrak Master 

of New Jersey 300,, 

A true Copy of the Minutes of the privy Council of New 
Jersey from the 9 th day of May 1770 to the 27 th of October 
1770. 

CHA" PETTIT D. Clk 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 191 

A Journal of the Votes and proceedings of the 

Council of New Jersey at a Session of the General 

[L. S.] Assembly of the said Province begun and held at 

Perth Amboy on Wednesday the 26 th day of 

September 1770. 

The heavy Rains and Stormy Weather on Tuesday last 
having prevented some of the Members of this House from 
setting out from home on that day, and some other Members 
being detained at home by Sickness, the House did not meet 
on the day to which the General Assembly of this Province 
stood Prorogued by his Excellency's Proclamation. 



Thursday September 27 th 1770 The House met 

Present 

The R* Hoflble The Earl of Stirling 
The Hofible/^e Chief Justice 
I James Parker Esq. 

The House continued till tomorrow 



Friday September 28 th The House met. 

Present 
The R* Honble The Earl of Stirling 

( The Chief Justice 
The Hofible^ James Parker \ Eg ts 
I Stephen Skinner / 

His Excellency came into the Council Chamber, and hav- 
ing by the Deputy Secretary commanded the Attendance of 
the House of Assembly, the Speaker with the House Attended, 
and his Excellency was pleased to make the following Speech 
to both Houses. 



192 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Gentlemen of the Council, and Gentlemen of the General 



Since the last Session I have received his Majesty's Royal 
disallowance of the Act for striking one hundred thousand 
Pounds in Bills of Credit. The Grounds of this disallowance 
will be explained to you by the report of the Board of Trade 
upon that Law, 1 If on Consideration you should be of 
Opinion that a new Act may be so framed as to obviate those 
Objections, and yet Answer the Salutary Purposes intended 
by the other, you may be assured it will give me Pleasure to 
be able to afford it my Concurrence, and that I shall use all 
the Endeavours to obtain his Majesty's Confirmation of it 
which may be in my Power. 

Gentlemen of the General Assembly. 

I have only to request, at present, that you would make 
due provision for the Support of Government, and for the 
Supply of his Majesty's Troops Stationed in this Province. 

Gentlemen of the Council and Gentlemen of the General 

Assembly. 

The Experience I have had of your good dispositions renders 
it unnecessary to recommend to you a preservation of that 
Harmony and good understanding which is so beneficial to 
the Publick. I have therefore only to wish that our mutual 
Endeavours to promote his Majesty's Service and the wellfare 
of his Subjects in this Province may be attended with Success 
equal to our Intentions. 

Council Chamber 1 WM FKANKLIN 

Sep r 28 th 1770 ) 

After which the Speaker with the House of Assembly 
withdrew. 

The House continued till tomorrow 

a See N. J. Archives, X., 106. 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 193 

Saturday September 29 th The House met 

Present 
The R fc Honble The Earl of Stirling 

f The Chief Justice 
The Honble^ James Parker 1 Eg 
I Stephen Skinner J 

The House continued till Monday 

Monday October the first, The House met 

Present. 
The R* Honble The Earl of Stirling 

The Honble/ The Chief ^ ustice 

I Stephen Skinner Esq. 

The House continued till to Morrow 

Tuesday October 2 d The House met 



Present 

The R* Honble The Earl of Stirling 
/ 
I 



The Honble The Chief Justice 



Stephen Skinner Esq. 
The House continued till to Morrow. 

Wednesday October 3 d The House met. 

Present 
The R* Honble The Earl of Stirling 

The Honble / ** Justic * 

I Stephen Skinner Esq. 

The House continued till to Morrow 

13 



194 NEW JERSEY COLONIAL DOCUMENTS. [1770 



Thursday October 4 th The House met. 

Present 

The Honble Peter Kemble Esq. 
E* Honble The Earl of Sterling 
^e Chief Justice 
Stephen Skinner Esq. 



The Honble/ 
I 



The House continued till to Morrow 



Friday October 5 th The House met 

Present 

Honble Peter Kimble Esq. The Chief Justice 
R^Honble The Earl of Sterling Stephen Skinner Esq. 

The House continued till to morrow 



Saturday October 6 th The House met 

Present 

The Honble Peter Kemble 
R* Honble The Earl of Stirling 

rpu TT ui / The Chief Justice 
The Honble < _, . _,. . _ 

I Stephen Skinner Esq. 

The House continued till Monday 



Monday October 8 th The House met 

Present 

The Honble Peter Kemble Esq. 
K* Honble The Earl of Sterling 
The Chief Justice 
Stephen Skinner Esq r 



The Honble j 



The House continued till to Morrow 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 195 

Tuesday October 9 th The House met 

Present 

The Honble Peter Kemble Esq 

Honble David Ogden The Chief Justice 

R* Honble The Earl of Stirling Stephen Skinner Esq. 

A Message from the House of Assembly by M r Tucker, 
and M r Price in the words following. 

" Ordered that M r Hewlings, M r Hart, M r Bullock, M r 
" Hinchman, & M r Demarest, or any three of them, be a 
" Committee to join a Committee of the Council to adjust the 
" Barrack Masters Accounts, and that M r Tucker and M r 
" Price do inform the Council thereof, and desire the Council 
" to appoint a Committee for that purpose together with the 
" time and place of Meeting " 

The Council taking the same into Consideration Ordered, 

That M r Ogden, M r Stevens, and M r Skinner or any two 
of them be a Committee to meet a Committee of the House 
of Assembly to settle and adjust the Barrack Masters Accounts, 
and that the said Committees meet at Wrights Tavern this 
afternoon at five o'Clock. 

Ordered, 

That M r Skinner do acquaint the House of Assembly 
therewith. 

M r Skinner reported that he had obeyed the above Order 

The House continued till to Morrow 



Wednesday October the 10 th The House Met 

Present 

Honble Peter Kemble Esq r 
Honble David Ogden The Chief Justice 

* Honble The Earl of Stirling Stephen Skinner Esq r 



196 NEW JERSEY COLONIAL DOCUMENTS. [177ft 

M r Price and M r Dey from the House of Assembly pre- 
sented for the Concurrence of this House a Bill entituled 
"An Act to Enable Persons who are his Majesty's Liege Sub- 
jects either by Birth or Naturalization to inherit and hold 
" Keal Estate, notwithstanding the purchase, grant, or devise, 
" were made before Naturalization within this Colony " and 
" Also a Bill intituled "An Act continuing An Act intituled 
" An Act for preventing Frauds by Mortgages, which shall 
" be made and executed after the first day of January One 
" thousand seven hundred and sixty six." 

Which Bills were severally read the first time, and ordered 
a Second Reading. 

The House continued till to Morrow 



Thursday October 11 th The House met. 

Present 

{Peter Kemble Esq 
David Ogden The Chief Justice 1 Eg 

John Stevens Stephen Skinner / 

The Bill intituled An Act to enable Persons who are his 
Majesty's Liege Subjects either by Birth or Naturalization &c 
was read the Second time and ordered a third reading. 

The Bill intituled An Act continuing An Act intituled An 
Act for preventing Frauds by Mortgages & was read the 
Second time and Ordered a third reading. 

The House continued till to Morrow 



Friday October 12 th The House met. 

Present 

c Peter Kemble Esq 

The Hofible^ David Ogden The Chief Justice 1 EC r 

I John Stevens Stephen Skinner / 



1770] JOURNAL OF THE PKOVINCIAL COUNCIL. 197 

M r Paxson and M r Taylor from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act to regulate the Pasturing the Lands Meadows & 
Island in Common lying on, and adjoining to a certain Beach 
known by the name of Barnagat, or long Beach, and for 
other purposes therein mentioned, Which was read the first 
time and ordered a Second reading. 

The House continued till 3 o'clock P. M. 



Three o'Clock P. M. The House met. 

Present 

f Peter Kemble 

The Hoiible| David Ogden The Chief Justice 1 E 

I John Stevens Stephen Skinner j 

The Bill intituled An Act to regulate the Pasturing the 
lands Meadows and Islands in Common lying on and adjoin- 
ing to a certain Beach &c was read the Second time and 
ordered a third reading. 

The House continued till to Morrow 



Saturday October 13 th The House met 

Present 

c Peter Kemble 

The HonbhJ David Ogden The Chief Justice ) Eg rfl 

I John Stevens Stephen Skinner / 

M r Hinchman and M r Price from the House of Assembly 
presented for the Concurrence of this House, a Bill intituled 
An Act to prevent Swine running at large in the Town of 
Haddonfield in the County of Gloucester, which was read the 
first time and ordered a Second reading. 

The Petition of Thomas Redman and twenty other Persons 
praying that the said Bill may be passed into a law was read. 

The House continued till Monday 



198 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Monday October 15 fcb The House met 

Present 
The 



David Ogden / The Chief Justice V Esq rs 

R< Honble The Earl of Stirling Stephen Skinner ) 

M* Bullock and M r Hinchman from the House of Assem- 
bly presented for the Concurrence of this House, a Bill 
intituled An Act to vacate a certain Bond or Obligation given 
and executed by Samuel Rogers late of the County of Mon- 
mouth dec d to Richard Stevens and Robert Lawrence, which 
was read the first time and ordered a Second reading. 

The House continued till to Morrow 



Tuesday October 16 th The House met 

Present 

The Hofible / Peter Kemble John Ste vens ^ 

I David Ogden The Chief Justice V Esq r 
R* Honble Earl of Stirling Stephen Skinner j 

The House continued till to Morrow 



Wednesday October 17 th The House met 

Present 
Peter Kemble 

The Honble c David Ogden James Parker ^ 

R* Honble \ Earl of Stirling The Chief Justice \ Esq r " 
The Honble I John Stevens Stephen Skinner j 

The Bill intituled An Act to vacate a certain Bond or 
Obligation given and executed by Samuel Rogers & c was 
read the Second time, and committed to the Members of this 
House or any three of them. 

The House continued till to morrow 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 199 

Thursday October 18 th The House met. 

Present 
Peter Kemble 

The Honble f David Ogden James Parker ^ 

R* Honble < Earl of Stirling The Chief Justice V Esq" 
The Honble I John Stevens Stephen Skinner J 

The Bill intituled an Act to prevent Swine running at 
Large in the Town of Haddonfield & was read the Second 
time and ordered a third reading. 

The Bill intituled an Act continuing an Act intituled An 
Act for preventing Frauds by Mortgages which shall be made 
and executed after the first day of January One thousand 
seven hundred and sixty- six, was read the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

The House continued till 3 o'Clock P. M. 



Three o'Clock P. M. The House Met. 

Present 
Peter Kemble 

The Honble Y David Ogden James Parker ^ 

R* Honble 1 Earl of Stirling The Chief Justice VEsq" 
The Honble I John Stevens Stephen Skinner J 

His Excellency came into the Council Chamber, and hav- 
ing by the Deputy Secretary signified to the House of Assem- 
bly that he was ready to receive the address of the House, the 
Speaker with the House attended, and delivered the following 
Address. 

To His Excellency William Franklin Esq r Captain General, 
Governor and Commander in Chief in and over the Colony 



200 NEW JERSEY COLONIAL DOCUMENTS. [1770 

of Nova Csesaria or New Jersey, and Territories thereon 
depending in America, Chancellor and Vice Admiral in the 
same &c a 

The Humble Address of the Representatives of said Colony 
in General Assembly convened. 

May it Please your Excellency. 

We his Majesty's dutifull and Loyal Subjects the Repre- 
sentatives of New Jersey in General Assembly convened 
cannot but be sensibly affected with what your Excellency 
has been pleased to declare respecting the Fate of the Paper 
Money Bill sent home for his Majesty's Approbation; the 
assurances given your Excellency by the Ministry of their 
Willingness to indulge this Colony with a Loan Office Bill 
under certain restrictions, was what induced us to wave very 
essential Considerations in the framing of this Bill, because 
as it was not our Intention to interfere with the Act of Par- 
liament, so we carefully avoided everything We apprehended 
might be construed to militate against it, but from the Reason 
given in the Report of the Board of Trade to the King 
against this law communicated by your Excellency We are 
discouraged at present from attempting another Bill, as We 
cannot see how it can be so framed as to obviate the Objec- 
tion, and yet Answer the purposes of a Currency. We how- 
ever thank your Excellency for your readiness to use all y* 
endeavours in your Power to obtain his Majesty s Assent, if a 
Bill could be so framed, and yet answer the good Purposes 
intended. 

We have under Consideration, and shall pay all due atten- 
tion to the several matters recommended by your Excellency, 
and hope for a continuance of that Harmony and good Under- 
standing in transacting y e Business of this Session which We 
have heretofore experienced to be productive of great Advan- 
tages to the Colony. 

STEPHEN CRANE Speaker. . 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 201 

M r Tucker and M r Hewlings from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
a Supplementary Act to an Act intituled An Act for the 
better enabling of Creditors to recover their just Debts from 
Persons who abscond themselves, and 

A Bill intituled An Act to naturalize Frederick Outgelt 
Leonard Nymaster, Peter Lupp, John Bower, Lawrence 
Eykienier, George Obert, Peter Obert, and John Irich. 

Which Bills were severally read the first time and ordered 
a second reading. 

The House continued till to Morrow 



Friday October 19 th The House met 

Present 
Peter Kemble 

The Honble c David Ogden James Parker ^ 

E* Honble < Earl of Stirling The Chief Justice V Esq" 
The Honble I John Stevens Stephen Skinner ) 

The Bill intituled a Supplementary Act to an Act intituled 
An Act for better enabling of Creditors to recover their just 
Debts from Persons who abscond themselves, was read the 
Second time and committed to the Gentlemen of the Council 
or any three of them. The Bill intituled An Act to Natural- 
ize Frederick Outgelt and others, was read the second time, 
and ordered a third reading. The Bill intituled An Act to 
prevent Swine running at large in the Town of Haddonfield 
in the County of Gloucester was read the third time, and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly that the Council have passed the said Bill, and also the 
Bill intituled An Act continuing An Act intituled An Act 



202 NEW JERSEY COLONIAL DOCUMENTS. [1770 

for preventing Frauds by Mortgages & without any Amend- 
ments. 

M r Skinner reported that he had Obeyed the above Order 
of the House. 

The Bill intituled An Act to regulate the Pasturing the 
Lands, Meadows and Islands in Common lying on, and 
adjoining to a certain Beach known by the name of Barnegat 
or long Beach, and for other purposes therein mentioned, was 
read the third time, and 

On the Question, 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker from the Committee to whom was referred the 
Bill intituled An Act to enable Persons who are his Majesty's 
Liege Subjects either by Birth or Naturalization to Inherit 
and hold Real Estates &c a reported that the said Committee 
had made one Amendment to the said Bill, which he was 
ready to report when the House would be pleased to receive 
the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Amendment in his 
place and delivered it in at the Table. 

The said Amendment being read the second time was 
agreed to by the House, and ordered to be Engrossed 

The Engrossed Amendment to the Bill intituled An Act to 
Enable Persons who are his Majesty's Liege Subjects &c to 
hold Real Estate & being read and compared, Ordered that 
the Speaker do sign the same The Bill intituled an Act to 
enable Persons who are his Majestys Liege Subjects, either 
by Birth or Naturalization to inherit Real Estates & was 
read the third time, with the Amendment in its place, and 

On the Question, 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the same 



1770] JOURNAL OP THE PROVINCIAL COUNCIL. 203 

Ordered, that M r Parker do carry the said Bill and Amend- 
ment to the House of Assembly and desire their Concurrence 
to the said Amendment 

M r Parker reported that he had Obeyed the two foregoing 
Orders of the House 

The House continued till to Morrow 



Saturday October 20 th The House met 

Present 
Peter Kemble 

The Honble c David Ogden James Parker ^ 

R< Honble < Earl of Stirling The Chief Justice VEsq 
The Honble I John Stevens Stephen Skinner J 

M r Berrien and M r Hinchman from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
intituled An Act to raise a Fund for defraying Damages done 
by Dogs in the Counties of Somerset, Hunterdon, Burlington 
and Gloucester, which was read the first time and Ordered a 
second Reading. 

M r Fisher, M r Wetherill, M r Paxson, M r Miller and M r 
Hart presented for the Concurrence of this House a Bill 
intituled An Act for the Support of Government of his 
Majestys Colony of New Jersey, to commence the first day of 
October One thousand seven hundred and seventy and to end 
the first day of October One thousand seven hundred and 
seventy-one, and to discharge the publick Debts and contin- 
gent Charges thereof which was read the first time and 
ordered a Second reading. 

M r Dey and M r Taylor Brought up from the House of 
Assembly the Bill intituled An Act to Enable Persons who 
are his Majesty's Liege Subjects either by Birth or Naturaliza- 
tion to inherit Real Estates & reingrossed with the Amend- 
ment made by the Council thereto, the House of Assembly 
having agreed to the said Amendment. 

Which Re-ingrossed Bill being read and Compared 



204 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Ordered, that the Speaker do sign the same 

A Message from the House of Assembly by M r Dey, and 
M r Taylor in the Words following. 

"Ordered, that M r Fisher, M r Wetherill, M r Berrien M r 
" Hart, M r Hartshorne, M r Price, M r Demarest and M r Tucker 
"or any three of them be a Committee, to join a Committee 
" of the Council to settle the Eastern Treasurers Accounts, 
" and burn the Cancelled Money in his Hands, and make 
" report to the House, And that M r Dey and M r Taylor do 
" inform the Council thereof, and desire the Council to appoint 
" a Committee for that purpose together with the time and 
" place of Meeting " 

The Council taking the same into Consideration 

Ordered, that M r Ogden, Lord Stirling and M r Stevens or 
any two of them be a Committee to join the Committee of 
the House of Assembly to settle the Eastern Treasurers 
Accounts, and burn the Cancelled Money in his Hands and 
make report thereof to the House, that the said Committees 
Meet for that purpose on Monday Morning at nine o'Clock 
in the Council Chamber, And that M r Parker do acquant the 
House of Assembly therewith. 

The House Continued till Monday 

Monday October 22 d The House met 

Present 

The Honble c Peter Kemble James Parker *j 

R* Honble I Earl of Stirling The Chief Justice VEsq" 

The Honble I John Stevens Stephen Skinner ) 

The House continued till to Morrow 

Tuesday October 23 d The House Met 

Present 

The Honble c Peter Kemble James Parker \ 

E, 4 Honble ^ Earl of Stirling The Chief Justice I Esq' 8 

The Honble I John Stevens Stephen Skinner J 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 205 

The Bill intituled An Act to raise a Fund for defraying 
Damages done by Dogs & was read the Second time, and 
ordered a third reading. 

The Bill intituled An Act for the. Support of Government 
& e was read the Second time and ordered a third Reading. 

The Bill intituled An Act to naturalize Frederick Outgelt 
and others, was read the third time, and 

On the Question, 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker reported that the had obeyed the foregoing 
Order of the House. 

The Bill intituled an Act to raise a Fund to defray the 
Damages done by Dogs, in the Counties of Somerset, Hun- 
terdon, Burlington and Gloucester, was read the third time, and 

On the Question 

Resolved that the same do pass. 

Ordered, that the Speaker do sign the same 

M r Parker from the Committee to whom was referred the 
Bill intituled A Supplementary Act to An Act intituled An 
Act for the better enabling Creditors to recover their just 
Debts from Persons who abscond themselves, reported that 
the said Committee had gone through the said Bill and made 
sundry Amendments thereto, which he was ready to report 
when the House would be pleased to receive the same. 

Ordered that the said Report be made immediately 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table, and the same being 
again read, were agreed to by the House and Ordered to be 
Engrossed. 

The Engrossed Amendments to the Bill intituled a Supple- 
mentary Act to An Act intituled An Act for the better 
enabling Creditors to recover their just Debts & was read the 
third time with the Amendments in their Places and, 



206 NEW JERSEY COLONIAL DOCUMENTS. [1770 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Parker do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

Ordered, Also, that M r Parker acquaint the House of 
Assembly that the Council have passed the Bill intituled An 
Act to raise a Fund to Defray the Damages done by Dogs & p 
without any Amendment. 

The House continued till to Morrow 



Wednesday October 24 th The House met 

Present 

The Honble c Peter Kemble James Parker ^ 

R* Honble < Earl of Stirling The Chief Justice VEsq" 

The Honble I John Stevens Stephen Skinner J 

M r Tucker and M r Price from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act for the more equitable clearing out, amending and 
repairing the Publick Roads & in the Counties of Hunterdon 
& c and 

A Bill intituled a Supplementary Act to An Act intituled 
An Act to settle the Quotas in the several Counties in this 
Colony for the levying of Taxes. 

Which Bills were severally read the first time and Ordered 
a Second Reading. 

M r Parker reported that he had obeyed the Order of the 
House of yesterday. 

The Bill intituled an Act for the Support of Government 
of His Majesty's Colony of New Jersey & was read the third 
time, and, On the Question 

Resolved, that the same do pass. 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 207 

Ordered, that the Speaker do sign the same 

Ordered, that Lord Stirling do acquaint the House of 
Assembly therewith. 

The Bill intituled An Act for the more equitable clearing 
out, Amending and repairing the Publick Roads and High- 
ways in the Counties of Hunterdon, Sussex, Morris and 
Somerset, was read the Second time, and ordered to lie on the 
Table. 

The Bill intituled A Supplementary Act, to An Act intitu- 
led An Act to settle the Quotas & was read the Second time 
and committed to the Members of this House or any three of 
them. 

Lord Stirling reported that he had obeyed the Order of 
the House. 

M r Stevens from the Committee appointed to meet a Com- 
mittee of the House of Assembly to settle the Eastern Treas- 
urers Accounts, reported that the said Committees had met 
according to appointment and had settled and stated the 
Eastern Treasurer's Accounts, and burned the Cancelled 
Money, which was in the said Treasurer's Hands, which 
Accounts he was ready to report when the House would be 
pleased to receive the same. 

Ordered, that the said Keport be made immediately 

Whereupon M r Stevens read the said Accounts in his place 
and delivered them in at the Table, 

And the same being again read and Considered 

On the Question, 

The House approved thereof. 

Ordered, that the said Accounts be entered at length on the 
Journals of this House, which are as follow. 



208 



NEW JERSEY COLONIAL DOCUMENTS. 



[1770 



D r Stephen Skinner, Treasurer in Ace* Current with 
the Province of New Jersey. 



To Ballance of Ace* 
settled by the 
Committee 22 d 
November 1769. 
including t h e 
Sum of 6570,, 
9 4 Stolen from 
the Treasury the 
21 st July 1768 12917 18 



By Amount of Sun- 
dry Vouchers 
produced indor- 
sed and allowed 
on Ace* of Sup- 
port of Govern- 
ment and War 
Fund 2845,, 8,, 

Ballance due to the 
Province 10,072,, 9 



12,917 ,,18,, 0* 



Perth Amboy October 22 d 1770 

By Orders of the Committees 

JN STEVENS 
JOHN BERRIEN 

N. B. The Treasurer besides the above Ballance has in his 
Hands, Bonds, and Mortgages, to the Amount of 4,359 
14 llf which are Outstanding Debts on Account of the 
Parliamentary Donation. 



D r Stephen Skinner E?q r Treasurer Sinking 

Fund Account 



1769 

Nov r 22. To Bills of 

Credit cancelled 

by the Justices & 

Freeholders of 

Middlesex, being 

the Amo't of sink- 

ing Fund for 1767, 

as $ Certificates, 

& Credited in 

Account then 

settled ............... 5968,, 9 



10 



1770 

Octo r 22. By Sun- 
dry Bills of Credit 
cancelled by the 
Justices & Free- 
holders of Mid- 
dlesex as ^ their 
Certificate this 
day produced, 
being the amount 
of the Sinking 
Fund for the 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 



209 



To Cash reced from 
County Collectors 
being Amount of 
sinking Fund for 
1768 

To the Amount of 
the Tax for the 
Eastern Division 
to compleat sink- 
ing Fund for 1769 



5968,, 9 ,,10 



5968 




Year 1767 and 
1768, and burned 
this day by the 
Committees 11,936 19 8 

By Sundry Bills of 
Credit cancelled 
by the Justices & 
Freeholders of 
Middlesex, as $ 
their Certificate 
produced, being 
in part of the 
Sinking Fund 
Tax for 1769, and 
now Burned 1606 17 

By a Tax outstand- 
ing for which the 
Treasurer is ac- 
countable viz* 

In Middlesex 419,, 5,,7 

InMonmouth 297,,10,,4 

716 ,,15 ,,11 

By Ballance remain- 
ing in the Treas- 
urers Hands not 
Cancelled 3644 ,,16 ,,11 



17,905,, 9,, 6 17,905,, 9,, 6 

October 22 d 1770. Errors Excepted 

JN STEVENS 
JOHN BEKBIEN 
The House continued till to morrow 



Thursday October 25 th The House met 

Present 

The Honble c Peter Kemble James Parker \ 

K,' Honble < Earl of Stirling- The Chief Justice VEsq" 

The Honble I John Stevens Stephen Skinner J 

The Chief Justice from the Committee to whom was 
referred the Bill intituled A Supplementary Act to An Act 
intituled An Act to settle the Quotas in the several Counties 

14 



210 NEW JERSEY COLONIAL DOCUMENTS. [1770 

in this Colony for the Levying of Taxes reported that the 
said Committee had gone through the same and made several 
Amendments thereto, which he was ready to report when the 
House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon the Chief Justice read the said Amendments 
in his Place, and delivered them in at the Table, and the 
same being again read, were agreed to by the House and 
Ordered to be engrossed. The Engrossed Amendments to 
the Bill intituled A Supplementary Act to An Act intituled 
An Act to settle the Quotas & were read and compared. 

The Bill intituled a Supplementary Act to An Act intituled 
An Act to settle the Quotas in the several Counties in this 
Colony for the Levying of Taxes being read the third time 
with the Amendments in their places. 

On the Question, 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

M r Hart and M r Tucker from the House of Assembly 
presented for the Concurrence of this House, a Bill intituled 
An Act for the Relief of Thomas Tindall and James Clark 
the Younger, and for other purposes therein mentioned, which 
was read the first time, and ordered a Second reading. 

The same Gentlemen also presented the Re-ingrossed Bill 
intituled a Supplementary Act to an Act intituled an Act for 
enabling Creditors to recover their just Debts & and informed 
the Council that the House of Assembly have agreed to the 
Amendments thereto made by the Council. 

The House Continued till to Morrow 

Friday October 26 th The House met 

Present 

The Honble c Peter Kemble James Parker ^ 

R* Honble \ Earl of Stirling The Chief Justice VEsq" 

The Honble I John Stevens Stephen Skinner J 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 211 

M r Hartshorne and M r Demarest from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
intituled a Supplementary Act to an Act intituled An Act 
subjecting Real Estates in the Province of New Jersey, to 
the payment of Debts, and directing the Sheriff in his pro- 
ceedings thereon, which was read the first time, and ordered 
a Second reading. 

The Re-engrossed Bill intituled a Supplementary Act to 
an Act intituled An Act for the better enabling of Creditors 
to recover their just Debts from Persons who abscond them- 
selves, with the Amendments made by this House was read 
and Compared. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do carry the Bill intituled A 
Supplementary Act to an Act intituled [An Act] to settle the 
Quotas &c with the Amendments thereto made, to the House 
of Assembly, and desire their concurrence to the said Amend- 
ments 

M r Fisher and M r Runyan from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act for making a farther Provision of five hundred 
Pounds for furnishing his Majestys Troops stationed in this 
Colony with necessaries, and also for defraying Incidental 
Charges, and for other purposes therein mentioned. 

Which was read the first time, and ordered a Second 
reading. 

A Message from the House of Assembly by M r Hart and 
M r Johnston in the Words following. 

"Ordered, that M r Hart and M r Johnston do carry the 
"Bill reingrossed with the Councils Amendments intituled a 
" Supplementary Act to An Act Intituled An Act to settle 
" the Quotas in the several Counties in this Colony for the 
"levying of Taxes, and to inform the Council that this 
" House agrees to their Amendm ts 

The Re-engrossed Bill with the Amendments of this 
House being read and compared 



212 NEW JERSEY COLONIAL DOCUMENTS. [1770 

Ordered, that the Speaker do sign the same 

The Bill intituled An Act for the relief of Thomas Tin- 
dall and James Clark the younger, and for other purposes 
therein mentioned, was read the Second time 

Ordered, that the said Bill do lie on the Table 

M r Tucker, and M r Dey from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act for Establishing the Boundary or Partition line 
between the Colonies of New York and New Jersey, and for 
confirming the Titles and Possessions of certain lands 
adjacent to or near the said line, which was read the first 
time, and ordered a Second reading. 

The House continued till to Morrow 



Saturday October 27 th The House met 

Present 

The Honble ( Peter Kemble James Parker ^ 

?' Honble \ Earl of Stirling The Chief Justice VEsq rB 

The Honble I John Stevens Stephen Skinner J 

The Bill intituled An Act for establishing the Boundary 
or Partition line between the Colonies of New York and 
New Jersey & was read the Second time, and Committed to 
the Members of this House or any three of them. 

M r Stevens from the Committee to whom was referred the 
Bill intituled An Act for establishing the Boundary or parti- 
tion Line between the Colonies of New York and New 
Jersey & c reported that the said Committee had gone thro' 
the said Bill and made some Amendments thereto which he 
was ready to report when the House would be pleased to 
receive the same. 

Ordered, that the said Eeport be made immediately. 

Whereupon M r Stevens read the said Amendments in his 
place and delivered them in at the Table And the same being 
again read were agreed to by the House, and ordered to be 
engrossed. 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 213 

The engrossed Amendments to the Bill intituled An Act 
for establishing the Boundary or partition line between the 
Colonies of New York and New Jersey & were read and 
compared. 

The Bill intituled An Act for establishing the Boundary or 
Partition Line between the Colonies of New York and New 
Jersey & was read the third time, with the Amendments in 
their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered that the Speaker do sign the said Bill and Amend- 
ments 

Ordered, that M r Stevens do carry the said Bill and Amend- 
ments to the House of Assembly, and desire their Concurrence 
to the said Amendments. 

M r Stevens reported that he had obeyed the Order of the 
House. 

The Bill intituled An Act for making a further Provision 
of five hundred Pounds for furnishing his Majestys Troops 
Stationed in this Colony & c was read the Second time, and 
ordered a third reading. 

The Bill intituled a Supplementary Act to An Act intituled 
An Act subjecting Real Estates in the Province of New 
Jersey to the payment of Debts, and directing the Sheriff in 
his proceedings thereon, was read the Second time 

A Message from the House of Assembly by M r Fisher 
and M r Tucker in the words following. 

" Ordered that M r Fisher and M r Tucker do carry back 
" the Bill intituled An Act for establishing the Boundary or 
" Partition line between the Colonies of New York and New 
" Jersey &c to the Council, and inform them that the House 
" agrees to the first and Second Amendments made by the 
i( Council, and reject the third " 

The Council taking the same into Consideration 

Resolved, that they do recede from the said third Amendm* 

Ordered, that M r Stevens do acquaint the House of Assem- 
bly therewith 



214 NEW JERSEY COLONIAL DOCUMENTS. [1770 

M r Berrien and M r Dey from the House of Assembly 
brought up the re-ingrossed Bill intituled An Act for estab- 
lishing the Boundary or Partition Line Between the Colonies 
of New York and New Jersey, and for confirming the Titles 
and Possessions of certain lands adjacent to or near the said 
Line, with the Amendments agreed to by the Council and 
House of Assembly which was read and compared, 

Ordered, that the Speaker do sign the same 

The Bill intituled An Act for making a farther Provision 
of five hundred Pounds for furnishing his Majesty's Troops 
stationed in this Colony with necessaries, and also for defray- 
ing Incidental Charges, and for other purposes therein men- 
tioned, was read the third time, and On the Question 

Resolved, that the same do pass. 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith 

M r Skinner reported that he had obeyed the Order of the 
House. 

M r Fisher and M r Wetherill from the House of Assembly 
waited on this House to know whether the Council had any 
farther Business before them to prevent their applying to his 
Excellency for dismission. 

The Speaker informed them that the Council had no farther 
Business before them and had no Objection to the House of 
Assembly applying to his Excellency for a dismission 

His Excellency came into y e Council Chamber, and having 
by the Deputy Secretary commanded the Attendance of the 
House of Assembly, the Speaker with the House Attended, 
when his Excellency was pleased to give his Assent to the 
following Bills. 

1 An Act for the Support of Government of His Majesty's 
Colony of New Jersey, to commence the first day of October 
One thousand seven hundred and seventy, and to end the 
first day of October One thousand seven hundred and seventy- 
one, and to discharge the publick Debts and Contingent 
Charges thereof. 



1770] JOURNAL OF THE PROVINCIAL COUNCIL. 215 

2 An Act for making a further Provision of five hundred 
Pounds for furnishing his Majestys Troops stationed in this 
Colony with necessaries, and also for defraying incidental 
Charges, and for other purposes therein mentioned. 

3 An Act for establishing the Boundary or Partition Line 
between the Colonies of New York, and New Jersey and for 
confirming the Titles and Possessions of certain Lands adjacent 
to or near the said Line. 

4 A Supplementary Act to An Act intituled An Act to 
settle the Quotas in the several Counties in this Colony for 
the levying of Taxes. 

5 An Act continuing An Act entituled an Act for prevent- 
ing Frauds by Mortgages, which shall be made and executed 
after the first day of January, One thousand seven hundred 
and sixty- six. 

6 A Supplementary Act to an Act Intituled An Act for 
the better enabling of Creditors to recover their just Debts 
from Persons who abscond themselves. 

7 An Act to raise a Fund for defraying Damages done by 
Dogs, in the Counties of Somerset, Hunterdon, Burlington 
and Gloucester. 

8 An Act to regulate the Pasturing the Lands Meadows 
and Islands in common lying on and adjoining a certain 
Beach known by the name of Barnegat or Long Beach, and 
for other purposes therein mentioned 

9 An Act to prevent Swine running at large in the Town 
of Haddonfield in the County of Gloucester 

10 An Act to Enable Persons who are his Majestys Liege 
Subjects, either by Birth or naturalization, to inherit and hold 
Real Estates notwithstanding the purchase Grant or Devise, 
were made before Naturalization within this Colony. 

11 An Act to naturalize Frederick Outgelt, Leonard 
Nymaster, Peter Lupp, John Bower, Lawrence Eykeinier, 
George Obert, Peter Obert and John Irick. 

After which His Excellency prorogued the General Assem- 



216 NEW JERSEY COLONIAL DOCUMENTS. [1771 

bly to Wednesday the fifth day of December next, then to 

meet at Burlington 

A true Copy 

CHA" PETTIT D Clk 



A Journal of the Votes and Proceedings of 

His Majesty's Council of New Jersey, at a Session 

[L. S.] of the General Assembly of the said Province, 

begun and holden at the City of Burlington on 

the 20 th day of November 1771 

Wednesday November the 20 th 1771. The House Met 

Present 

David Ogden Esq John Stevens Esq 

Charles Read Esq Samuel Smith Esq 

The House Continued till to morrow 



Thursday November 21 st The House met 

Present 

David Ogden Esq Samuel Smith Esq 

Charles Read Esq Daniel Coxe Esq 1 

John Stevens Esq John Lawrence Esq 1 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary commanded the Attendance of the 
House of Assembly, the Speaker with the House Attended, 
and his Excellency was Pleased to make a Speech to both 
Houses in the words following. 

1 Mr Coxe was appointed a member of the Council in the room of John Ladd, 
deceased ; and Mr Lawrence in the room of John Smith, deceased. This was their 
first appearance in the Council, as will hereafter appear in the Journal of Governor 
and Council under date of November 21st, 1771. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 217 

Gentlemen of the Council, and Gentlemen of the General 
Assembly. 

This being the Season Judged most convenient for your 
Attendance on publick Business, I have called you together 
that you might have an Opportunity of transacting such 
Matters as may appear to be necessary or Advantageous to the 
Province. 

I shall order to be laid before you His Majesty's Royal 
Disallowance of two Acts of Assembly, which I lately 
received. One intituled "An Act to Erect Courts in the 
several Counties in this Colony for the Trial of Causes of 
Ten Pounds and under," 1 

The other "An Act to explain and Amend An Act for the 
Relief of Insolvent Debtors " &c 2 

Gentlemen of the General Assembly. 

The Act for the Support of Government, having expired 
on the first of October, I must recommend that Matter to 
your immediate Attention. Such other Business as I have 
to lay before you shall be Communicated by Message. 

Gentlemen of the Council, and Gentlemen of the General 
Assembly. 

Nothing can be more Conducive to the Interest and wel- 
fare of the Province than a perfect Harmony between the 
several Branches of the Legislature. 

You may be assured of my Determination to promote every 
thing which may be likely to have that Tendency and I 
flatter myself with the Hopes of finding you equally actuated 
by the same good Disposition. 

Council Chamber i W m FRANKLIN. 

November 21 Bt 1771 J 

After which the Speaker with the House of Assembly 
withdrew. 

The House continued till to morrow 



1 Enacted December 6th, 1769. 
Enacted March 27th, 1770. 



218 NEW JERSEY COLONIAL DOCUMENTS. [1771 



Friday November 22 d The House met 

Present 

David Ogden Esq Samuel Smith Esq 

Charles Read Esq Daniel Coxe Esq 

John Stevens Esq John Lawrence Esq. 

The House continued till to morrow 



Saturday November 23 d The House met 

Present 

David Ogden Esq. Samuel Smith Esq. 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Skinner and M r Hartshorne from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
intituled "An Act to repeal An Act passed in the tenth Year 
of His Majesty's Reign intituled An Act for the Relief of 
Insolvent Debtors" 

Which was read the first time and ordered a Second reading 

The House continued till Monday 



Monday November 25 th The House met 

Present 

David Ogden Esq James Parker Esq 

Charles Read Esq Samuel Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary informed the House of Assembly 
that he was ready to receive their Address, the Speaker with 
the House Attended and presented the following Address viz* 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 219 

To His Excellency William Franklin Esquire Captain 
General, Governor, and Commander in Chief in and over 
His Majesty's Colony of Nova Csesarea or New Jersey, and 
Territories thereon depending in America, Chancellor and 
Vice Admiral of the same &c a 

The Humble address of the Representatives of the said 
Colony in General Assembly Convened. 

May it please your Excellency 

We His Majesty's Dutiful and Loyal Subjects the Repre- 
sentatives of the Colony of New Jersey in General Assembly 
met, beg leave to return your Excellency our Thanks for 
calling us together at this Season, the most desired by us to 
transact the publick Business of the Colony. 

The Repeal of the Acts your Excellency has laid before 
us, particularly that "for Erecting Courts in the Several 
Counties of this Colony for the Trial of Causes of Ten 
Pounds and under," gives us very Sensible regret. This 
Law was calculated for the easy recovery of Small Debts for 
little Cost, and in .the Execution of it in our Opinion during 
the Short Time it has been permitted to be in force has 
answered the Ends proposed, and proved Beneficial to the 
People We Represent, We cannot therefore but Wish that 
His Majesty's Ministers had advised an Allowance rather 
than a Repeal of it 

As an Honourable Support of Government is necessary for 
the welfare of the Colony, it shall be an Object of our 
immediate Attention : And satisfied that nothing can be 
more conducive to the Interests of the People than Harmony 
between the several Branches of the Legislature, your Excel- 
lency may be assured, that, as We heartily concur with you in 
Sentiment, We shall endeavour to take every method which 
may be likely to have that Tendency, and evince to your Excel- 
lency that we are equally actuated by the same good Dis- 
position. B Qrder of th 



House of Assembly \ STEPHEN CRANE Speaker 

November 25 th 1771 J 



220 NEW JERSEY COLONIAL DOCUMENTS. [1771 

After which the Speaker with the House of Assembly 
withdrew. 

The Petition of John Budd praying to be heard in Opposi- 
tion to a Bill now before the House for Repealing the Insol- 
vent Act, was read, and ordered a Second reading. 

The House continued till to morrow 



Tuesday November 26 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

Charles Read Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The House continued till to morrow 



Wednesday November 27 th The House met 

Present 

David Ogden Esq James Parker Esq 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 

M r Berrien and M r Hewlings from the House of Assem- 
bly delivered a Message in the following words 

"House of Assembly November 26th 1771. 

"Ordered, 

That M r Learning, M r Fisher, M r Wetherill, M r Miller, 
" M r Hart, M r Hartshorne, and M r Price, or any three of 
" them be a Committee to join a Committee of the Council to 
"settle the Eastern and Western Treasurers Account and 
" burn the Cancelled Money in the Hands of the Western 
" Treasurer, and make Report thereof to the House, 

"And that M r Berrien and M r Hewlings do inform the 



1771] JOURNAL OF THE PROVINCIAL. COUNCIL. 221 

" Council thereof and desire them to appoint a Committee 
" for that purpose together with the time and place of meet- 
"ing." 

Ordered, that M r Stevens, M r Stockton and M r Coxe, or 
any two of them be a Committee to join a Committee of the 
House of Assembly to settle the Eastern and Western Treas- 
urers Accounts and burn the Cancelled Money in the Hands 
of the Western Treasurer and make Report thereof to the 
House and that the said Committees do meet at five o'Clock 
this afternoon at the Houso of Samuel Smith Esq. in Bur- 
lington. 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith. 

M r Skinner reported that he had obeyed the Order of the 
House. 

M r Runyan and M r Dey from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the Regulation of the Rates to oe demanded & 
received at the Ferries on the North and South sides of Rari- 
ton River within the Corporation of Perth Amboy." 

Which was read the first time and ordered a second read- 
ing. 

The House continued till to morrow 



Thursday November 28 th The House met 

Present 

David Ogden Esq. James Parker Esq 

Charles Read Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

M r Price and M r Bullock from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
" An Act to Impower the Inhabitants of the Township of 



222 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Deptford in the County of Gloucester to repair their publick 
Highways by hire, and raise Money for that purpose." 

Which was read the first time and ordered a Second reading. 

The Bill intituled "An Act to Repeal An Act passed in the 
tenth Year of His Majesty's Reign intituled An Act for the 
Relief of Insolvent Debtors " was read the second time and On 
the Question, wether the same shall be read a third time? 
Resolved, in the Negative 

Ordered that the said Bill do lie on the Table. 

The Bill intituled "An Act for the Regulation of the Rates 
to be demanded and received at the Ferries on the North and 
South sides of Rariton River within the Corporation of Perth 
Amboy" was read the Second time, and ordered a third 
reading. 

The House continued till to morrow 



Friday November 29 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

Charles Read Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

M r Stevens from the Committee appointed to meet a Com- 
mittee of the House of Assembly to settle the Eastern and 
Western Treasurers Accounts, and burn the Cancelled Money 
in the Hands of the Western Treasurer, reported that the 
said Committees had met according to appointment, that they 
had settled and stated the accounts of the Western Treasurer 
and burned the Cancelled Money in the Hands of the West- 
ern Treasurer, which Accounts he was ready to report when 
ever the House would be pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Stevens read the said Accounts in his Place 
and delivered them in at the Table 



1771] 



JOURNAL OF THE PROVINCIAL COUNCIL. 



223 



And the House having read and Considered the same 
On the Question 

Resolved, that the House do approve thereof. 
Ordered, that the said accounts be entered at Length on the 
Journals of this House which Accounts are as follow. 



D r Samual Smith Esq. Treasurer Sinking Fund Account C 1 



1769 

Nov. 2 To Ballance 
reported to the 
Council and As- 
sembly to this day 2030,, 8,, 1 
To the Sinking 
Fund Tax direc- 
ted to be raised 
this Year viz fc 

Burlington 1562 ,,14,, 7| 

Gloucester 977,, 5,, 1J 

Salem 873,, 3,, 7| 

Cumberland 442 14 7 J 

Cape May 208 ,,17,, 2J 

Hunterdon 1772,, 3,,11 

Morris & Sussex 694 10 11 



6531 ,,10,, 1 

1770 

Nov r To the Sink- 
ing Fund Tax 
directed to be 
raised this Year 
viz fc 

Burlington 1339 11 , 

Gloucester 953, ,18, 

Salem 849 ,,10, 

Cumberland... 481 ,,13, 

Cape May 208 ,,13, 

Hunterdon 1704 16 , 

c 741, ,12, 

6279,. 13,, 



14841 ,,11,, 2 



1770 

May 9 th By Current 
Bills of Credit 
Cancelled by the 
Justices & Free- 
holders as ^ their 
Certificate in May 

1770 & burned by 
the Committees 
this 29 th day of 

November 1771... 5653 4 9 
1771 

May 8^ By Current 
Bills of Credit 
Cancelled by the 
Justices & Free- 
hold" as ^ their 
Certificate in May 

1771 & burned 
by the Com- 
mittees the 29 th 

day of Nov r 1771 7004 8 9 
Ballance 2183 ,,17,, 8 

14841 ,,11,, 2 



Errors Excepted November 29 th 1771 

By Order of the Committees 

JV STEVENS 
AAEON LEAMING 



224 



NEW JERSEY COLONIAL DOCUMENTS. 



[1771 



D r Samuel Smith Esq. Treasurer Support of Government C r 



1769 
Nov r 2 d To Ballance 

reported to the 

Council and As- 
sembly this day.... 7214,, 8,, 10| 
13^ To Cash received 

of Daniel Smith 

Executor of Daniel 

Smith deced on 

Account of Money 

drawn for by 

William Cook & 

Daniel Smith on 

behalf of the Prov- 
ince 39 ,,15,, OJ 

29 To Cash of James 

Parker Esquire on 

Account of the 

Province Lotteries 28 10 

7282 ,,13,, 11 J 



1771 

By Sundry from No 
1 to No 205 in- 
clusive all exam- 
ined allowed and 
endorsed the 27 th 
of November 1771. .6454,, 2,, 

By Ballance due to 
the Province in- 
cluding the West- 
ern Moiety of One 
thousand Pounds 
which the Treas- 
urers are directed 
by Act of Assem- 
bly of 31"* of 
George the Second 
to retain in their 
Hands for the use 
of the Committee 
of Correspondence. 828 ,,11,, 



7282 13 Hi 

Memorandum of Articles minuted here to preserve the 
Memory of them untill payment is made by the parties from 
whom they are due. 

The following Arrears as reported in 1765 appear to be 
still outstanding. 

In Burlington County an Old Arrear in the 

Loan Office as f Eeport in 1753 18 8 11 

D ... in D ... as ^ D 13,, 7,, 2f 

D in Cape May in 1738..... 4., 7 



32,, 0,, 
An Arrear in Burlington as ^ Report in 1758 1 13 

D in Salem Interest Money in 1 752 3 

An Arrear outstanding in Salem Loan Office 
Principal Money which Commenced either 
in 1745. 1746. or 1747... ...463 4 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 225 

Deficiency in Hunterdon in 6,000 Tax in 

June 1752 as ^ Report in 1758 6,, 0,, 

D in D as f D 1 11 9J 

Errors Excepted November 29 th 1771 

By Order of the Committees 

JN STEVENS 
AARON LEAMING 

The Committees of the Council and Assembly proceeded 
to examine when the two Deficiences in Salem mentioned in 
the Report of this Session Commenced, and find that the 
Deficiency of 3 6 was Interest Money and had its rise 
in 1752 As by the Report in 1753 page 408 of the Assembly 
Books. 

And that by the Report in 1747 Lib. D. 446 it appears 
that Salem was Deficient on one or both Emissions of Prin- 
cipal that ought to have been sunk 1081 6 6 

And by the Report in 1753 they were Deficient 1371 

17 including the said 1081 6 6 See Lib. E 410. By 
the Report in 1758 that Deficiency was reduced to 743 

18 6 see Lib. F 329. 

By the Report November 21 st 1760 it appears the said 
Deficiency was reduced to 463 4 6 see vol. F 421 at 
which it now remains. 

By which it appears that the same Originated in one of the 
Years 1745, 1746, or 1747, and its uncertain whether on the 
20,000, or 40,000, Emissions, those Funds being blended 
together ; And as its said, the Commissioners were the same 
its immaterial 

JOHN STEVENS 
AARON LEAKING 

The Bill intituled "An Act to Impower the Inhabitants of 
the Township of Deptford in the County of Gloucester to 
repair their publick Highways by Hire and raise Money for 

15 



226 NEW JERSEY COLONIAL DOCUMENTS. [1771 

that purpose " was read the Second time and Committed to 
the Members of this House or any three of them 

The Bill intituled "An Act for the Regulation of the Rates 
to be demanded and received at the Ferries on the North and 
South sides of Rariton River within the Corporation of Perth 
Amboy " was read the third time and On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do acquaint the House of Assembly 
therewith 

The House continued till to morrow 



Saturday November 30 th The House met 

Present 

David Ogden Esq James Parker Esq 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 

M r Dey and M r Hand from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act to Continue and Amend An Act intituled An Act 
for better settling and regulating the Militia " &c 

Also a Bill intituled "An Act to Enable Creditors more 
easily to recover their Debts from joint Partners within the 
Colony of New Jersey" 

Which Bills were severally read the first time, amd ordered 
a second reading. 

M r Coxe reported that he had obeyed the Order of the 
House of Yesterday. 

The House continued till Monday 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 227 



Monday December 2 d The House met 

Present 

Charles Read Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. 

The House continued till to morrow 



Tuesday December 3 d The House met 

Present 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 

James Parker Esq 

M r Read from the Committee to whom was referred the 
Bill intituled "An Act to Impower the Inhabitants of the 
Township of Deptford in the County of Gloucester to repair 
their publick Highways by Hire and raise Money for that 
purpose " reported that the said Committee had gone through 
the said Bill, and that he was ready to report the same when 
the House would be pleased to hear the said Report 

Ordered, that the said Report be made immediately 

Whereupon M r Read reported that the said Committee had 
gone through the said Bill without making any Amendment 
thereto. 

The Bill intituled "An Act to Impower the Inhabitants of 
the Township of Deptford in the County of Gloucester to 
repair their publick Highways by Hire and raise Money for 
that Purpose " was read the third time, and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 



228 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

M r Lawrence reported that he had obeyed the Order of the 
House. 

The Bill intituled "An Act to Continue and Amend An 
Act intituled An Act for better settling and regulating the 
Militia of this Colony of New Jersey for the Repelling 
Invasions and suppressing Insurrections and Rebellions" wa& 
read the Second time and ordered a third reading. 

The Bill intituled "An Act to enable Creditors more easily 
to recover their Debts from joint Partners within the Colony 
of New Jersey " was read the Second time and ordered a, 
third reading. 

M r Taylor and M r Demarest from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"A Supplementary Act to the act intituled An Act for pre- 
venting the Waste of Timber " &c which was read the first 
time and Ordered a Second reading. 

M r Hartshorne and M r Hinchman from the House of 
Assembly presented for the Concurrence of this House a Bill 
intituled "An Act for the preservation of Deer and other 
Game, and to Prevent Trespassing with guns " which was 
read the first time and Ordered a Second reading. 

The House continued till to morrow 



Wednesday December 4 th The House met 

Present 

Charles Read Esq. RichardJStockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Bill intituled a "Supplementary Act to the Act 
intituled An Act for preventing the Waste of Timber " &c 
was read the second time and Committed to the Members of 
this House or any three of them. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 229 

The Bill intituled "An Act for the preservation of Deer 
and other Game, and to prevent Trespassing with guns " was 
read the second time and Committed to the Members of this 
House or any three of them. 

The Bill intituled An Act to Continue and Amend An 
Act intituled An Act for better settling and regulating the 
Militia of this Colony of New Jersey for the repelling inva- 
sions and suppressing Insurrections and Rebellions " was read 
the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith 

M r Parker reported that he had Obeyed the Order of the 
House. 

The Bill intituled "An Act to enable Creditors the more 
easily to recover their Debts from joint Partners within the 
Colony of New Jersey " was read the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith. 

A Message from the House of Assembly by M r Tucker 
and M r Price. 

"House of Assembly December 3 d 1771. 

"Ordered, 

That M r Hewlings, M r Hart, M r Bullock, M r Hinchman 
and M r Demarest or any three of them be a Committee to 
join a Committee of the Council to adjust the late Barrack 
Masters Accounts, and also the publick Lottery Accounts, 
And that M r Tucker and M r Price do inform the Council 
thereof, and desire the Council to appoint a Committee for 
that purpose together with the time and Place of Meeting." 



230 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Ordered, 

That M r Parker, M r Coxe and M r Lawrence, or any two 
of them be a Committee to join the Committee of the House 
of Assembly to adjust the late Barrack Masters Accounts, 
and the publick Lottery Accounts, and that the said Com- 
mittees do meet for that purpose at the House of John Shaw 
in Burlington at nine o'Clock to morrow morning Ordered, 
that M r Coxe do acquaint the House of Assembly therewith. 

M r Coxe reported that he had obeyed the foregoing Order 
of the House 

The House continued till to morrow 



Thursday December 5 th The House met 

Present 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 
James Parker Esq John Lawrence Esq 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act for the preservation of Deer and other 
Game " &c reported that the said Committee had gone through 
the same and made Several Amendments thereto which he 
was ready to report when the House would be pleased to 
receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table. 

And the same being again read were agreed to by the 
House and ordered to be Engrossed 

The Engrossed Amendments to the Bill intituled An Act 
for the Preservation of Deer &c were read and compared. 

.The Bill intituled "An Act for the preservation of Deer 
and other Game, and to prevent Trespassing with Guns" 
was read the third time with the Amendments in their Places, 
and 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 231 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Lawrence do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence to the said Amendments. 

M r Price and M r Hartshorne from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to enable the Owners & Possessors of the Meadows 
lying on the Southerly Branch of Newton Creek commonly 
called the Fork Creek in the County of Gloucester to repair 
and maintain a Bank, Dam and Water Works heretofore 
Erected and made across the said Southerly Branch of Newton 
Creek, and to keep the Water Course of said Creek open and 
Clear." Which was read the first time and ordered a Second 
reading. 

M r Lawrence reported that he had obeyed the Order of 
the House 

The House continued till to morrow 



Friday December 6 th The House met 

Present 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 

James Parker Esq John Lawrence Esq 

The Bill intituled "An Act to enable the Owners and 
Possessors of the Meadows lying on the Southerly Branch of 
Newton Creek commonly called the Fork Creek in the 
County of Gloucester to repair and maintain a Bank " <fec 
was read the Second time and Committed to the Members of 
this House or any three of them 

M r Skinner from the Committee to whom was referred the 



232 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Bill intituled "An Act to Enable the Owners & Possessors of 
Meadows lying on the Southerly Branch of Newton Creek 
commonly called the Fork Creek in the County of Gloucester 
to repair and maintain a Bank " &c, reported that the said 
Committee had gone through the said Bill and made several 
Amendments thereto, which he was ready to report when the 
House would be pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Skinner read the said Amendments in his 
Place and delivered them in at the Table 

And the said Amendments being again read were agreed to 
by the House and ordered to be engrossed 

The Engrossed Amendments to the Bill intituled An Act 
to Enable the Owners and Possessors of the Meadows lying 
on the Southerly Branch of Newton Creek " &c were read 
and Compared 

The Bill intituled "An Act to enable the Owners and 
Possessors of the Meadows lying on the Southerly Branch of 
Newton Creek commonly called the Fork Creek in the 
County of Gloucester to repair and maintain a Bank Dam 
and Water Works heretofore Erected and made across the 
said Southerly Branch of Newton Creek^ and to keep the 
Water Course of the said Creek open and Clear," was read 
the third time, with the Amendments in their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do Sign the said Bill and Amend- 
ments. 

Ordered, that M r Skinner do carry the said Bill and 
Amendments to the House of Assembly and desire the Con- 
currence to the said Amendments. 

M r Lawrence by Order of the House brought in the 
Draught of a Bill intituled "An Act to revive and continue 
two Acts therein mentioned," which was read the first time 
and ordered a second reading. 

M r Skinner reported that he had Obeyed the Order of the 
House. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 233 

The Bill intituled "Act to revive and continue two Acts 
therein mentioned " was read a second time and ordered to be 
engrossed. 

The Engrossed Bill intituled "An Act to revive and con- 
tinue two Acts therein mentioned " was read and compared, 
and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do carry the said Bill to the 
House of Assembly for their Concurrence 

M r Smith and M r from the House of Assembly 

presented for the Concurrence of this House a Bill intituled 
"An Act for the Relief of John Budd of Salem," Which 
was read the first time and ordered a second reading 

The House continued till to morrow 



Saturday December 7 th The House met 

Present 

Charles Read Esq Richard Stockton Esq 

John Stevens Esq Stephen Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq 

James Parker Esq John Lawrence Esq 

M r Hewlings and M r Smith from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to enable sundry of the Owners and Possessors of 
Meadows and Tide Marsh lying on English's Creek in the 
County of Burlington to Erect and maintain a Bank Dam 
and other Water Works across the said Creek, in order to 
prevent the Tide from overflowing the same, and to keep the 
former Water Course of the said Creek open and clear, and 
to make the said Dam (when erected) a publick Landing." 
Which was read the first time and ordered a second reading 

The House continued till Monday 



234 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Monday December 9 th The House met 

Present 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

James Parker Esq. 

M r Tucker and M r Hartshorne from the House of Assem- 
bly brought up the Bill re-ingrossed with the Councils 
Amendments intituled "An Act for the preservation of Deer 
and other Game, and to prevent Trespassing with Guns." 

Also the Bill re-ingrossed with the Councils Amendm ts 
intituled "An Act to enable the Owners and Possessors of the 
Meadows lying on the Southerly Branch of Newton Creek, 
commonly called the Fork Creek in the County of Gloucester, 
to repair and maintain a Bank Dam and Water Works here- 
tofore Erected and made -across the said Southerly Branch of 
Newton Creek and to keep the Water Course of the said 
Creek open and Clear " Which said Bills were Severally read 
and Compared. 

Ordered, that the Speaker do sign the said two Bills 

M r Tucker and M r Hartshorne from the House of Assem- 
bly presented for the Concurrence of this House a Bill inti- 
tuled "An Act for the Relief of Insolvent Debtors." 

Which was read the first time and ordered a Second reading 

M r Smith by Order of the House brought in a Bill intituled 
"An Act declaring the River Delaware a common Highway 
and for improving the Navigation thereof" Which was read 
the first time and ordered a second reading. 

M r Lawrence by Order of the House brought in a Bill 
intituled "An Act to extend the Jurisdiction of the several 
Counties in this Colony which are divided by Rivers Creeks 
and Bays" Which was read the first time and ordered a 
Second reading. 

The House continued till to morrow 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 235 



Tuesday December 10 th The House met 

Present 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

James Parker Esq. 

The Bill intituled "An Act for the Relief of John Budd 
of Salem " was read a Second time. 

Ordered, that the Proofs set forth in the Petition of the 
said John Budd be laid before the House. 

The House continued till to morrow 



Wednesday December 11 th The House met 

Present 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

M r Price and M r Smith from the House of Assembly 
brought back to this House the Bill intituled "An Act to 
revive and continue two Acts therein mentioned together with 
an Amendment made thereto by the House of Assembly, 
and desired the Concurrence of this House to the said Amend- 
ment, Which Amendment was read the first time and Ordered 
a Second reading. 

The House taking into Consideration the Necessity of 
having an Agent for this Colony in Great Britain. 

Resolved, that Doctor Benjamin Franklin be and he is 
hereby appointed Agent for transacting the affairs of this 
Colony in Great Britain. 

The Proofs set forth in the Petition of John Budd relative 
to the Bill intituled "An Act for the Relief of John Budd 



236 NEW JERSEY COLONIAL DOCUMENTS. [1771 

of Salem " being laid before the House An Amendment was 
proposed to the said Bill, which Amendment was read the 
first time and ordered a Second reading 

The said Amendment being<*ead a Second time was agreed 
to by the House. 

Ordered, that the said Amendment be engrossed 

The Engrossed Amendment to the Bill intituled "An Act 
for the Relief of John Budd of Salem " was read and com- 
pared. 

The Bill intituled "An Act for the Relief of John Budd 
of Salem " was read the third time with the Amendment in 
its place, and 

On the Question 

Resolved, that the same as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendment 

Ordered, that M r Parker do carry the said Bill and Amend- 
ment to the House of Assembly and desire their Concurrence 
to the said Amendment. 

The Amendment to the Bill intituled "An Act to revive 
and continue two Acts therein mentioned" was read the 
Second time and agreed to by the House. 

Ordered that the said Bill be re-ingrossed 

The House continued till to morrow 

Thursday December 12 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq. 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

M r Parker with the leave of the House brought in the 
Draught of a Bill intituled "A Supplementary Act to the 
Act intituled An Act for appointing Commissioners to View 
the Ground, and report to the next Sessions of General Assem- 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 237 

bly of the practicability of laying out straight Roads through 
certain parts of the Province of New Jersey, and for estab- 
lishing a Fund to defray the Expence of the same," Which 
was read the first time and ordered a second reading. 

M r Hart and M r Hinchman from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"A Supplementary Act to the Act intituled An Act to enable 
the Owners of the Meadows and Marshes belonging to the 
Town of Salem to keep out the Tide from overflowing the 
same," Which was read the first time and ordered a second 
reading. 

The Bill intituled "A Supplementary Act to the Act 
intituled An Act for appointing Commissioners to view the 
ground and report to the next Session of General Assembly 
of the practicability of laying out Straight Eoads " &c was 
read the second time and ordered to be engrossed. 

The Bill intituled "An Act to extend the Jurisdiction of 
the several Counties in this Colony which are divided by 
Rivers Creeks and Bays," was read the second time and 
ordered to be engrossed. 

The Engrossed Bill intituled "A Supplementary Act to the 
Act intituled An Act for appointing Commissioners to View 
the ground and report to the next Session of General Assem- 
bly of the practicability of layiag out straight Roads through 
certain parts of the Province of New Jersey, and for estab- 
lishing a Fund to defray the expence of the same, was read 
the third time and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do <jarry the said Bill to the 
House of Assembly for their Concurrence 

M r Lawrence reported that he had obeyed the Order of the 
House. 

The Engrossed Bill intituled "An Act to extend the Jur- 



238 NEW JERSEY COLONIAL DOCUMENTS. [1771 

isdiction of the several Counties in this Colony which are 
divided by Rivers, Creeks and Bays " was read the third time, 
and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do carry the said Bill to the House 
of Assembly for their Concurrence. 

The Bill intituled "An Act for the Relief of Insolvent 
Debtors " was read the second time, and committed to the 
members of the Council or any three of them. 

M r Coxe reported that he had obeyed the Order of the 
House. 

The House continued till to morrow 



Friday December 13 th The House met 

Present 

Charles Read Esq. Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

A Petition from Thomas Atkinson and twenty six others 
setting forth the good Character snd distressed circumstances 
of Martin Ryerson, and praying that the said Martin Ryerson 
may be relieved by an act of the Legislature, was read. 

M r Tucker and M r Price from the House of Assembly 
brought up the Bill re-ingrossed with the Amendments of the 
Council intituled "An Act for the Relief of John Budd of 
Salem " which was read and compared. 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to enable sundry of the Owners 
and Possessors of Meadows and Tide Marsh lying on English's 
Creek in the County of Burlington to Erect and maintain a 
Bank Dam and other Water Works across the said Creek " 
&c, was read the Second time and ordered a third reading. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL; 239 

M r Tucker and M r Price from the House of Assembly pre- 
sented for the Concurrence of this House, three Bills intituled 
as follows viz* 

"An Act declaring the River Delaware a common highway 
and for improving the Navigation in the said River." 

"An Act to enable the Owners and Possessors of the 
Meadows and Marshes lying on both sides of Assiscunk 
Creek in the County of Burlington to stop out the Tide from 
overflowing the same," and 

"An Act to impower and require the Justices and Free- 
holders of the Counties of Hunterdon and Sussex to raise 
the Sum of fifty Pounds on each County to be applied 
towards Erecting a Bridge across Musconetcong Creek near 
Robert Johnsons Mills." 

Which three Bills were severally read the first time and 
ordered a second reading. 

The Bill reingrossed with the Amendments made thereto 
by the House of Assembly intituled "An Act to revive and 
continue two Acts therein mentioned " being read & compared 

Ordered, that the Speaker do sign the same 

Ordered that M r Parker do carry the said re-ingrossed Bill 
to the House of Assembly. 

The Bill reingrossed with the Amendments of the Council 
made thereto intituled "An Act for the Relief of John Budd 
of Salem," having been read and compared 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act declaring the River Delaware 
a common Highway, and for improving the Navigation in 
the said River," was r.ead the second time and ordered a third 
reading. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of the Meadows and Marshes lying on both sides 
of Assiscunk Creek in the County of Burlington to stop out 
the Tide from overflowing the same " was read the second 
time and committed to the Members of this House or any 
three of them. 



240 NEW JERSEY COLONIAL DOCUMENTS. [1771 

The Bill intituled "An Act to impower and require the 
Justices and Freeholders of the Counties of Hunterdon and 
Sussex to raise the sum of fifty Pounds on each County to 
be applied towards the Erecting a Bridge across Musconetcong 
Creek near Robert Johnstons Mills" was read the second 
time, and committed to the Members of the Council or any 
three of them. 

The Bill intituled "A Supplementary Act to the Act 
intituled An Act to Enable the Owners of the Meadows and 
Marshes belonging to the Town of Salem " &c, was read the 
Second time and ordered a third reading 

The House continued till to morrow 



Saturday December 14 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

The Bill intituled "A Supplementary Act to the Act 
intituled An Act to Enable the Owners of the Meadows and 
Marshes belong 8 to the Town of Salem to keep out the Tide 
from overflowing the same " was read the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act to Enable Sundry of the 
Owners and Possessors of Meadows and Tide Marsh lying 
on English's Creek in the County of Burlington, to Erect 
and maintain a Bank Dam and other Water Works across 
the said Creek in order to prevent the Tide from overflowing 
the same, and to keep the former Water Course of the said 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 241 

Creek open & clear and to make the said Dam (when erected) 
a Publick Landing " was read the third time, and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to im power and require the Justices 
and Freeholders of the Counties of Hunterdon and Sussex to 
raise the sum of fifty Pounds in each County," &c, reported 
that the said Committee had gone through the same & made 
several Amendments thereto, which he was ready to report 
when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table. And the same 
being again read were agreed to by the House and ordered to 
be engrossed. 

The engrossed Amendments being read and compared 

The Bill intituled "An Act to impower and require the 
Justices and Freeholders of the Counties of Hunterdon and 
Sussex to raise the Sum of Fifty Pounds on each County to 
be applied towards Erecting a Bridge across Musconetcong 
Creek near Robert Johnsons Mills " was read the third time 
with the Amendments in their Places, and 

On the Question 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Lawrence do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence to the said Amendments. 

M r Lawrence reported that he had Obeyed the foregoing 
Orders of the House. 

M r Hinchman and M r Hart from the House of Assembly 

16 



242 NEW JERSEY COLONIAL DOCUMENTS. [1771 

brought back the Bill re-ingrossed with the Amendments of 
the House of Assembly thereto made signed by the Speaker 
of that House, intituled "An Act to revive and continue two 
Acts therein mentioned." 

M r Hinchman and M r Tucker from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
intituled "An Act for the more effectual maintaining and 
Keeping above the flow of the Tide that part of the Road or 
Highway between the Toll Bridge on Newton Creek, and 
the fast Land of Kesiah Tonkin " which was read the first 
time and ordered a second reading. 

M r Hart & M r Taylor from the House of Assembly brought 
back the Bill passed by that House and signed by their 
Speaker, intituled "An Act to extend the Jurisdiction of the 
several Counties " &c. 

M r Price and M r Hartshorne from the House of Assembly 
brought back from thence the Bill intituled "An Act to 
impower and require the Justices and Freeholders of the 
Counties of Hunterdon and Sussex " &c with the Amend- 
ments made thereto by the Council, and acquainted the 
House, that the House of Assembly do disagree to the said 
Amendments and adhere to the Bill. 

The House continued till Monday 

Monday December 16 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

The Bill intituled "An Act declaring the River Delaware 
a common Highway, and for improving the Navigation of 
the said River " was read the third time, and 

On the Question 

Resolved, that the same do pass 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 2.43 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith. 

The Bill intituled "An Act for the more effectual main- 
taining and keeping above the Flow of the Tide that part of 
the Road or Causeway between the Toll Bridge on Newton 
Creek, and the fast Land of Kesiah Tonkin " was read the 
second time and ordered a third reading. 

The Council having taken into Consideration the Message 
from the House of Assembly of Saturday last, relative to the 
amendments made by this House to the Bill intituled "An 
Act to impower and require the Justices and Freeholders of 
the Counties of Hunterdon and Sussex to raise the Sum of 
Fifty Pounds on each County to be applied towards the 
Erecting a Bridge across Musconetcong Creek near Robert 
Johnsons Mills." 

Resolved unanimously that this House do adhere to the 
said Amendments 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith. 

The Petition of Samuel Allinson Esq setting forth sundry 
Objections against the Bill intituled "An Act to Enable the 
Owners and Possessors of Meadows and Marshes on Assis- 
conk Creek to stop out the Tide " &c and praying that the 
said Bill may not pass into a Law, was read. 

Ordered, that Notice be given to Samuel Allinson Esquire, 
William Hewlings Esq. Mess Arent Schuyler and William 
White, that the Committee to whom the said Bill is referred 
will proceed thereon at three o'clock this Afternoon in the 
Council Chamber. 

M r Fisher and M r Tucker from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to impower certain Persons therein named to raise a 
Sum of Money by Subscription, or by Taxation to rebuild 
and Keep in repair the Bridge over Rariton River near Bound 
Brook known by the name of Queens Bridge." 



244 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Which was read the first time, and ordered a second reading 

M r Learning M r Wetherill, M r Miller and M r Paxson from 
the House of Assembly presented for the Concurrence of thi& 
House a Bill intituled "An Act for the Support of Govern- 
ment of His Majesty's Colony of New Jersey to Commence 
the first day of October One thousand seven hundred and 
seventy one, and to end the first day of October one thousand 
seven hundred and seventy two, and to discharge the publick 
Debts and Contingent Charges thereof," Which was read the 
first time and ordered a second reading. 

M r Runyman and M r Taylor from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to rebuild and hereafter to repair and Amend the 
Bridge over Stony Brook near Worth's Mills," Which was 
read the first time and ordered a Second Reading. 

The Bill intituled "An Act to impower certain Persons 
therein named to raise a Sum of Money by Subscription or 
by Taxation to rebuild and Keep in repair the Bridge over 
Rariton River near Bound Brook," &c, was read the second 
time and ordered a third reading. 

M r Skinner reported that he had obeyed the two orders of 
the House of this morning. 

The House continued till to morrow 



Tuesday December 17 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

M r Skinner and M r Hart from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 
Act for the Relief of Thomas Tindall and James Clark the 
Younger, and for other purposes therein mentioned." 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 245 

Which was read the first time and ordered a second reading. 

M r Hart and M r Hinchman from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Justices and Freeholders of the 
County of Hunterdon to raise the Sum of fifty Pounds, and 
the Justices and Freeholders of the County of Sussex to 
raise the like Sum of Fifty Pounds to be applied towards 
oompleating a Bridge across Musconetcong Creek near Robert 
Johnsons Mills," Which was read the first time and ordered 
a second reading. 

The Bill intituled "An Act for the Support of Government " 
<fec was read the second time and ordered a third reading. 

M r Skinner from the Committee to whom was referred the 
Bill intituled "An Act for the Relief of Insolvent Debtors" 
reported that the said Committee had gone through the said 
Bill, and made several Amendments thereto, which he was 
ready to report when the House would be Pleased to receive 
the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Skinner read the said Amendments in his 
Place, and delivered them in at the Table. 

And the said Amendments being again read were agreed 
to by the House and ordered to be engrossed 

The House continued till to morrow 



Wednesday December 18 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

James Parker Esq. 

The Bill intituled "An Act for the Support of Govern- 
ment of His Majesty's Colony of New Jersey to Commence 
the first day of October One thousand seven hundred and 



246 NEW JERSEY COLONIAL DOCUMENTS. [1771 

seventy one, And to end the first day of October One thousand 
seven hundred and seventy two, and to discharge the publick 
Debts and Contingent Charges thereof," was read the third 
time, and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Price and M r Hand from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act to enforce the payment of several Old Arrears due 
to the Treasury of New Jersey," which was read the first 
time and ordered a second reading. 

The Engrossed Amendments to the Bill intituled "An Act 
for the Relief of Insolvent Debtors " being read and com- 
pared. 

The said Bill was read the third time with the Amend- 
ments in their Places, and 

On the Question, 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Skinner do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence to the said Amendments. 

The Bill intituled "An Act to Enable and Direct the 
Justices and Freeholders of the County of Hunterdon to 
raise the Sum of Fifty Pounds " &c was read the second time 
and ordered a third reading 

The Bill intituled "An Act for the Relief of Thomas 
Tindal and James Clark " &c, was read the second time, and 
ordered a third reading. 

The Bill intituled "An Act to Rebuild and hereafter to 
repair and Amend the Bridges over Stony Brook near Worth's 
Mill," was read the Second time and ordered a third reading. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 247 

The Bill intituled "An Act for the more effectual main- 
taining and keeping above the flow of the Tide that part of 
the Koad or Causeway between the Toll Bridge over Newton 
Creek and the Fast Land of Kesiah Tonkin," was read the 
third time, and 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to impower certain Persons 
therein named to raise a Sum of Money by Subscription or 
by Taxation to rebuild and keep in repair the Bridge over 
Rariton River near Bound Brook known by the name of 
Queens Bridge/' was read the third time, and 

On the Question, 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

M r Parker reported that he had Obeyed the Order of the 
House of this morning. 

The Bill intituled "An Act to rebuild and hereafter to 
repair and Amend the Bridge over Stony Brook near Worths 
Mill," was read the third time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do Sign the Same 

The Bill intituled "An Act to enable and direct the Justices 
and Freeholders of the County of Hunterdon to raise the 
Sum of fifty Pounds; And the Justices and Freeholders of 
the County of Sussex to raise the like Sum of Fifty Pounds 
to be applied towards compleating a Bridge across Musconet- 
cong Creek near Robert Johnsons Mill" was read the third 
time, and On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the Same 

The Bill intituled "An Act for the Relief of Thomas 
Tindall and James Clark the Younger, and for other pur- 
poses therein mentioned," was read the third time, and 



248 NEW JERSEY COLONIAL DOCUMENTS. [1771 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do Sign the Same 
, Ordered, that M r Coxe do acquaint the House of Assem- 
bly that the Council have passed the five last mentioned Bills 
without any Amendment 

M r Learning and M r Paxson from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to grant further allowance to the several Sheriffs of 
this Colony for the Subsistance of Prisoners " &c, which was 
read the first time and ordered a second reading. 

M r Coxe reported that he had obeyed the Order of the 
House. 

The Bill intituled "An Act to enforce the payment of 
several old Arrears due to the Treasury of New Jersey " was 
read the Second time and ordered a third reading. 

A Message from the House of Assembly by M r Hart and 
M r Hinchman in the following words. 

" Ordered, that M r Hart and M r Hinchman do carry back 
" to the Council the Bill intituled "An Act for the relief of 
" Insolvent Debtors " with the Amendments, and inform them 
" that this House agree to all the Amendments except the 2 d 
"5 th 11 th 41 st 42 d & 43 rd and as touching these Amendm ts 
" that the House desire a free Conferrence with the Council 
" thereupon and that M r Wetherill, M r Fisher, M r Berrien, 
" M r Skinner, M r Learning, M r Hartshorne, M r Tucker, and 
" M r Paxson are appointed a Committee on the part of this 
" House to Confer with a Committee of the Council, and desire 
" that they will appoint a Committee of their House and the 
" time and place of Conferrence." 

The Council having taken the said Message into Considera- 
tion. 

Ordered, that M r Stevens, M r Parker, M r Skinner and M r 
Coxe be a Committee to meet a Committee of the House of 
Assembly in a free Conferrence on the Amendm* 8 made by 
this House to the Bill intituled "An Act for the Relief of 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 249 

Insolvent Debtors," and that the said Committees do meet at 
the House of John Shaw in Burlington at seven o'clock this 
Evening for that purpose. 

Ordered that M r Lawrence do acquaint the House of Assem- 
bly therewith 

The House continued till to morrow 



Thursday December 19 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Egq John Lawrence Esq 

James Parker Esq 

M r Stevens from the Committee appointed >to meet a Com- 
mittee of the House of Assembly in a free Conferrence on 
the Amendments to the Bill intituled "An Act for the Relief 
of Insolvent Debtors," reported that the said Committees had 
met according to Order, and had agreed upon several Amend- 
ments to be made to the said Bill which he was ready to 
report when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Stevens read the said Amendments in his 
Place and delivered them in at the Table. 

And the same being again read were agreed to by the House 
and ordered to be engrossed. 

The Engrossed Amendments agreed upon by the said Com- 
mittees to the Amendments made by this House to the Bill 
intituled "An Act for the Relief of Insolvent Debtors " was 
read and Compared 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do carry the Bill intituled "An 
Act for the Relief of Insolvent Debtors to the House of 
Assembly, together with the Amendments to the said Bill 



250 NEW JEKSEY COLONIAL DOCUMENTS. [1771 

proposed by the Committees of both Houses in a free Con- 
ferrence and agreed to by this House. 

M r Skinner reported that he had obeyed the Order of the 
House. 

M r Tucker and M r Price from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Proprietors and Possessors of the 
Meadows lying on Pinch Ditch, Black Brook and part of 
Whiponong 1 River in the County of Morris, to clear, deepen,, 
and dig Ditches for the more effectual draining the said 
Meadows and Swamps, and for other purposes therein men- 
tioned," which was read the first time and ordered a second 
reading. 

The Bill intituled "An Act to enforce the Payment of 
several old Arrears due to the Treasury of New Jersey " wa& 
read the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act to grant a further allowance to 
the sheriffs of this Colony for the Subsistence of Prisoners " 
&c, was read the second time and ordered a third reading. 

The House continued till to morrow 



Friday December 20 th The House met 

Present 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

1 Whippany. 



1771] JOURNAL OF THE PROVINCIAL COUNCIL. 251 

The Bill intituled "An Act to Enable the Proprietors and 
Possessors of the Meadows lying on Pinch Ditch " &c, was 
read the Second time and ordered a third reading. 

The Bill intituled "An Act to grant a further allowance to 
the several Sheriffs of this Colony for the Subsistance of 
Prisoners/ 7 &c, was read the third time, and 

On the Question. 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act to enable the Proprietors and 
Possessors of the Meadows and Swamps lying on Pinch 
Ditch, Black Brook, and part of Whiponong River in the 
County of Morris, to clear, deepen, and dig Ditches for the 
more effectual draining the said Meadows and Swamps, and 
for other Purposes therein mentioned," was read the third 
time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, M r Lawrence do acquaint the House of Assem- 
bly therewith. 

M r Lawrence reported that he had obeyed the Orders of 
the House 

M r Skinner and M r Price from the House of Assembly 
brought up the Bill reingrossed with the Amendments agreed 
upon by both Houses, intituled "An Act for the Relief of 
Insolvent Debtors," which was read and compared 

Ordered, that the Speaker do sign the same 

M r Skinner and M r Price from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the Speedy recovering of Debts from six Pounds 
to ten Pounds in the Inferior Courts of Common Pleas of 
this Colony for small Fees," Which was read the first time 
and ordered a second reading. 



252 NEW JERSEY COLONIAL DOCUMENTS. [1771 

M r * Berrien and M r Smith from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for defraying Incidental Charges," which was read 
the first time and ordered a second reading. 

A Message from the House of Assembly by M r Tucker & 
M r Dey in the words following. 

" M rs Hannah DeCow Daughter in Law of Isaac DeCow 
"Esq. deceased one of the Signers of the Bills of Credit 
"dated March 25 th 1737, by Abraham Hewlings and Henry 
"Paxson Esq rs laid before this House a Bundle of Bills, 
"some of them dated March 25 th 1737, and signed by Isaac 
DeCow only." 

" Ordered, that M r Learning, M r Fisher, M r Paxson and 
" M r Price be a Committee to join a Committee of the Council 
" to Inspect and Count the same, and inquire into the Cir- 
" cumstances thereof, and the uses they were printed for, and 
" if they find Cause, to burn the same and report their pro- 
" ceedings thereon to the House. That M r Tucker and M r 
"Dey do inform the Council thereof and desire them to 
" appoint a Committee for that purpose, and the time and 
" place of meeting." 

The House having taken the same into Consideration 

Ordered, that M r Stevens and M r Parker be a Committee 
to join a Committee of the House of Assembly to inspect 
and Count certain Bills of Credit laid before the House of 
Assembly by M r Hewlings and M r Paxson, and inquire into 
the Circumstances thereof, and the uses they were printed for, 
and if they find Cause to burn the same, and report their 
proceedings thereon to the House. 

Ordered, that the said Committees do meet for the Pur- 
poses aforesaid at the House of John Shaw in Burlington at 
Seven o'clock this Evening. 

Ordered, that M r Skinner do acquaint the House of Assem- 
bly therewith 

M r Skinner reported that he had Obeyed the Order of the 
House 

The House continued till to morrow 



1771] JOUKNAL OF THE PROVINCIAL COUNCIL. 253 

Saturday December 21 8fc The House met 

Present 

Charles Read Esq Samuel Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 

James Parker Esq 

M r Stevens from the Committee appointed to meet a Com- 
mittee of the House of Assembly to inspect & Count certain 
Bills of Credit laid before the House of Assembly by M r 
Hewlings and M r Paxson, and to inquire into the Circum- 
stances thereof, and the Uses they were printed for, and if 
they find Cause, to burn the same, and report their proceed- 
ings thereon to the House, reported that the said Committees 
had met according to Order, and had burned a certain Quantity 
of Bills of Credit which he was ready to report when the 
House would be Pleased to receive the same. 

Ordered, that the said report be made immediately. 

Whereupon, M r Stevens read a written Report of the ^ame 
in his place, and delivered it in at the Table. And the same 
being again read, was approved of fey the House, and ordered 
to be entered on the Minutes as follows. 

The Committees of the Council and Assembly appointed 
to Inspect the Bills of Credit laid before the House of Assem- 
bly by M ra Hannah DeCow proceeded to examine the said 
Bills and find them all dated March 25 th 1737, some of them 
being signed by Isaac DeCow Esq only, and the residue not 
signed Upon inspecting the last 40,000 Act do find there 
was ordered to be printed 10,000 for exchanging ragged and 
torn Bills ; and by the 32 d Section thereof one half part was 
to be lodged in the Hands of one of the Signers in the 
Western Division (not being Treasurer) by him to be signed 
occasionally ; of which the Committees have good reason to 
believe the aforesaid Bills are part ; And therefore the Com- 



254 NEW JERSEY COLONIAL DOCUMENTS. [1771 

mittees caused them to be burned according to Law, their 
Account being as follows. 









1 d 




3,, 


88 d 


30/each 


132,,-,,- 


208 d 


16/ 


156,,-,,- 


214 d 


12/ 


128,, 8,,- 


219 d 


6/ 


65 ,,14,,- 


230 d 


3/ 


34 ,,10,,- 


334 d 


1/6 


25,, 1,,- 


354 d 


I/ 


17 14- 



568,, 7,, 
December 20 th 1771. 

By Order of the Committees 

JN STEVENS 
AAEON LEAMING 

The Bill intituled "An Act for defraying Incidental 
Charges" was read the second time and ordered a third 
reading. 

The Bill intituled "An Act for defraying Incidental 
Charges " was read the third time, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

M r Lawrence reported that he had obeyed the Order of the 
House. 

The Bill intituled "An Act for the Speedy recovering of 
Debts from six Pounds to ten Pounds in the Inferior Courts 
of Common Pleas " &c, was read the second time and ordered 
a third reading. 

The Bill intituled "An Act for the Speedy recovering of 
Debts from six Pounds to ten Pounds in the Courts of 



1771] JOURNAL, OF THE PROVINCIAL COUNCIL. 255 

Oommon Pleas of this Colony for small Fees " was read the 
third time, and 

On the Question, 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do acquaint the House of Assem- 
bly therewith. 

M r Coxe reported that he had Obeyed the Order of the 
House. 

M r Berrien and M r Smith from the House of Assembly 
informed the Speaker that the House of Assembly had no 
further Business before them, and desired to know wether 
the Council had any objection to their applying to his Excel- 
lency fon a dismission. 

To which the Speaker Answered that the Council had no 
Objection to their applying for a dismission. 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary Ordered the House of Assembly to 
attend, the Speaker with the House attended and his Excel- 
lency was pleased to give his Assent to the following Bills, 
Enacting the same and ordering them to be Enrolled, viz* 

1 An Act for the Support of Government of His Majesty's 
Colony of New Jersey, to Commence the first day of October 
one thousand seven hundred and seventy one, And to end the 
first day of October one thousand seven hundred and seventy 
two, and to discharge the publick Debts and Contingent 
Charges thereof 

2 An Act to Continue and Amend An Act intituled An 
Act for better settling and regulating the Militia of this 
Colony of New Jersey for the repelling Invasions, and Sup- 
pressing Insurrections and Rebellions. 

3 An Act for defraying Incidental Charges. 

4 An Act for the Speedy recovering of Debts from six 
Pounds to ten Pounds in the Inferior Courts of Common 
Pleas of this Colony for small Fees. 

5 An Act to enforce the Payment of old Arrears due to the 
Treasury of New Jersey. 



256 NEW JERSEY COLONIAL DOCUMENTS. [1771 

6 An Act for the preservation of Deer and other Game r 
and to prevent Trespassing with Guns. 

7 An Act declaring the River Delaware a Common High- 
way, and for Improving the Navigation in the said River. 

8 An Act to revive and continue two Acts therein men- 
tioned. 

9 An Act to Enable Creditors more easily to recover their 
Debts from Joint Partners within the Colony of New Jersey. 

10 An Act to grant further allowance to the several Sheriffs 
of this Colony for the Subsistance of Prisoners confined for 
Felony and other Crimes. 

1 1 A Supplementary Act to the Act intituled An Act for 
preventing the Waste of Timber, Pine and Cedar Trees and 
Poles within this Province of New Jersey, and to lay a Duty 
upon Pipe and Hogshead Staves exported out of the same to 
any of the Neighbouring Colonies. 

12. An Aet to enable and direct the Justices and Free- 
holders of the County of Hunterdon to raise the Sum of 
Fifty Pounds, and the Justices and Freeholders of the County 
of Sussex, to raise the like Sum of Fifty Pounds to be applied 
towards Compleating a Bridge across Musconetcong Creek 
near Robert Johnsons Mills. 

13 An Act to Rebuild and hereafter to repair and Amend 
the Bridge over Stony Brook near Worth's Mill. 

14 An Act to extend the Jurisdiction of the several 
Counties in this Colony which are divided by Rivers Creeks 
and Bays. 

15 An Act for the Relief of Insolvent Debtors 

16 An Act for the Regulation of the Rates to be demanded 
and received at the Ferries on the North and South Sides of 
Rariton River within the Corporation of Perth Amboy. 

17 An Act to Impower the Inhabitants of the Township 
of Deptford in the County of Gloucester to repair their 
publick Highways by Hire, and raise Money for that pur- 
pose. 

18 An Act to Enable the Owners and Possessors of the 



1771] JOURNAL, OF THE PROVINCIAL COUNCIL. 257 

Meadows lying on the Southerly Branch of Newton Creek 
commonly called the Fork Creek in the County of Gloucester 
to repair and maintain a Bank, Dam and Water Works here- 
tofore Erected and made across the said Southerly Branch of 
Newton Creek, and to keep the Water Course of the said 
Creek open and Clear. 

19 An Act to Enable the Proprietors and Possessors of the 
Meadows and Swamps lying on Pinch Ditch, Black Brook, 
and part of Whiponong River in the County of Morris, to 
clear, deepen, and dig Ditches for the more effectual draining 
the said Meadows and Swamps, and for other purposes there- 
in mentioned 

20 An Act for the more effectual maintaining and keeping 
above the Flow of the Tide that part of the Road or Cause- 
way between the Toll Bridge over Newton Creek and the 
Fast Land of Keziah Tonkin. 

21 A Supplementary Act to the Act intituled An Act to 
Enable the Owners of the Meadows and Marshes belonging 
to the Town of Salem, to keep out the Tide from overflowing 
the same 

22 An Act to Enable Sundry of the Owners and Possessors 
of Meadows and Tide Marsh lying on English's Creek in the 
County of Burlington, to Erect and maintain a Bank Dam 
and other Water Works across the said Creek in Order to 
prevent the Tide from overflowing the same, and to keep the 
former Water Course of said Creek open and Clear, and to 
make the said Dam (when Erected) a Publick Landing. 

23 An Act for the Relief of Thomas Tindall and James 
Clark the Younger, and for other purposes therein mentioned. 

24 An Act for the Relief of John Budd of Salem. 

25 An Act to Impower certain Persons therein named to 
raise a Sum of Money by Subscription or by Taxation to 
rebuild and keep in repair the Bridge over Rariton River 
near bound Brook, known by the Name of Queens Bridge. 

After which His Excellency was pleased to make a Speech 

17 



258 NEW JERSEY COLONIAL DOCUMENTS. [1771 

to the House of Assembly, And then prorogued them to the 
eighth day of January next, then to meet at Perth Amboy. 

A true Copy 

CHA PETTIT D Clk 



[L. S.] At a Council held at Burlington on the 20 th 
Day of October 1771. 

Present 
His Excellency the Governor 

Samuel Smith Esq. 
James Parker Esq. 
Stephen Skinner Esq. 

His Excellency was pleased to inform the Board that he 
thought it necessary to call a Meeting of the General Assem- 
bly, and to ask the Advice of the Council what Time it 
would be proper to appoint for the said Meeting Whereupon 
the Council advised His Excellency to appoint Wednesday 
the 20 th of November next for the said Meeting at Burling- 
ton, and His Excellency was thereupon pleased to Order 
Notice to be given to the Members of His Majesty's Council 
and of the General Assembly accordingly. 

At a Council held at Burlington on Thursday the 21 st of 
November 1771. 

Present 
His Excellency the Governor. 

David Ogden Esq. 
Charles Eead Esq. 
John Stevens Esq. 
Samuel Smith Esq. 

His Excellency being informed that Daniel Coxe and John 
Lawrence Esq were waiting at the Door, His Excellency 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 259 

was pleased to Order that they should be admitted, when the 
said Daniel Coxe presented to His Excellency His Majesty's 
Mandamus under the Royal Sign Manual dated the fourth 
day of May last, expressing His Majesty's Royal Pleasure 
that the said Daniel Coxe should be forthwith sworn and 
admitted to be of His Majesty's Council for the Province of 
New Jersey in the Room of John Ladd Esq. deceased. 

And the said John Lawrence in like manner presented to 
His Excellency His Majesty's Mandamus under the Royal 
Sign Manual dated the nineteenth day of July last, express- 
ing His Majesty's Royal Pleasure that the said John Law- 
rence should be forthwith Sworn and admitted to be of His 
Majesty's Council for the Province of New Jersey in the 
room of John Smith Esq. deceased, Which Mandamus's were 
severally read in the Words following Viz* 

George R. 

Mandamus to Trusty and well beloved We greet 

Admit Dan Coxe Esq. you well, We being well satisfied of 
the Loyalty Integrity and Ability of our Trusty and wel- 
beloved Daniel Coxe Esquire have thought fit hereby to 
signify Our Will and Pleasure to you, that forthwith upon 
receipt hereof you Swear and admit him the said Daniel Coxe 
to be of our Council in our Province of New Jersey in 
America in the Room of John Ladd Esq. deceased ; And for 
so doing this shall be your Warrant : And so We bid you 
farewell. Given at our Court at S* James's the fourth day 
of May 1771, in the Eleventh Year of our Reign. 
By His Majesty's Command 

HlLLSBOROUGH. 

Superscribed, 

To our Trusty and welbeloved William Franklin Esq. 
Our Captain General and Governor in Chief in and over our 
Province of Nova Csesarea, or New Jersey in America, And 
in his Absence to the President of our Council, or the Com- 
mander in Chief of our said Province for the time being. 



260 NEW JERSEY COLONIAL DOCUMENTS. [1771 

George R. 

Mandamus to Admit Trusty and welbeloved We greet 
Jn Lawrence Esq r you well, We being well satisfied of 
the Loyalty Integrity and Ability of our Trusty and well- 
beloved John Lawrence Esq. have thought fit hereby to 
signify Our Will and Pleasure to you, that forthwith upon 
receipt hereof, you swear and admit him the said John Law- 
rence to be of our Council in our Province of New Jersey in 
America in the room of John Smith Esq. deceased and for so 
doing this shall be your Warrant, And so We bid you fare- 
well. Given at our Court at 8* James's the nineteenth day 
of July 1771, in the Eleventh Year of our Reign 
By His Majesty's Command 

HlLLSBOBOUGH 

Superscribed 

To our Trusty and welbeloved William Franklin Esq. 
Our Captain General and Governor in Chief in and over our 
Province of Nova Csesarea or New Jersey in America and 
in his Absence to the President of our Council, or the Com- 
mander in Chief of our said Province for the time being. 

Whereupon the said Daniel Coxe and the said John Law- 
rence took the usual Oaths to Government, and made and 
subscribed the Declaration according to Law, and severally 
took the Oath of a Counsellor, and the said Daniel Coxe and 
John Lawrence were admitted to take their Seats at the 
Board. 

His Excellency was pleased to communicate to the Board 
His Majesty's Royal disallowance of two Acts of Assembly 
of this Province, One of which Acts was in November 1769 
intituled "An Act to Erect Courts in the several Counties in 
"this Colony for the Trial of Causes of Ten pounds and 
" under." 1 The other passed in March 1770, intituled "An 
" Act to explain and Amend An Act for the Relief of Insol- 
" vent Debtors." 2 The Disallowance of which said two Acts 



i See ante p. 217. 
3 Ibid. 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 261 

was signified to His Excellency by Copies of two several 
Minutes of His Majesty's most Honourable Privy Council, 
dated the seventh day of June last transmitted to His Excel- 
lency by the Earl of Hillsborough his Majesty's Principal 
Secretary of State for American Affairs, in the following 
words. 

At the Court at S* James's the 7 th day of June 1771. 

Present 
The Kings Most Excellent Majesty. 

Lord Chancellor, Lord Chamberlain, Viscount Falmouth, 

Lord President, Earl of Rochford, Lord North, 

Lord Privy Seal, Earl of Bristol, Hans Stanley Esq. 

Duke of Ancaster, Earl of Pomfret, Rich* Rigby Esq. 

Duke of Queensberry, Earl of Hillsborough, Geo : Onslow Esq. 

Whereas by Commission under the Great Seal of Great 
Britain the Governor Council and Assembly of His Majesty's 
Colony of New Jersey are Authorized and Impowered to 
make constitute and Ordain Laws Statutes and Ordinances 
for the Publick peace, welfare and good Government of the 
said Colony, which Laws Statutes and Ordinances are to be 
as near as conveniently may be agreeable to the Laws and 
Statutes of this Kingdom, and are to be transmitted to His 
Majesty for his Royal Approbation or disallowance; And 
whereas in pursuance of the said Powers An Act was passed 
in the said Colony in November 1769, intituled as follows 
(Viz') 

"An Act to Erect Courts in the several Counties in this 
Colony for the Trial of Causes of ten pounds and under " 

Which Act together with a Representation of the Lords 
Commissioners for Trade and Plantations thereupon having 
been referred to the Consideration of a Committee of the 
Lords of His Majesty's most Honourable Privy Council for 
Plantation Affairs, the said Lords of the Committee did this 
Day report as their Opinion to His Majesty, that the said Act 



262 NEW JERSEY COLONIAL DOCUMENTS. [1771 

ought to be disallowed ; His Majesty s taking the same into 
Consideration, was pleased with the Advice of His Privy 
Counsel to declare his disallowance of the said Act; And 
pursuant to His Majesty's Royal Pleasure thereupon expressed, 
the said Act is hereby disallowed declared void, and of none 
Effect. Whereof the Governor or Commander in Chief of 
His Majesty's said Colony of New Jersey for the time being 
and all others whom it may concern, are to take Notice and 
Govern themselves accordingly. 

STEPH: COTTRELL 



At the Court at S* James's the 7 th day of June 1771 . 

Present 
The Kings most Excellent Majesty 

Lord Chancellor Lord Chamberlain Viscount Falmouth 

Lord President Earl of Eochford Lord North, 

Lord Privy Seal Earl of Bristol Hans Stanley Esq. 

Duke of Ancaster Earl of Pomfret Kich d Eigby Esq. 

Duke of Queensberry Earl of Hillsborough George Onslow Esq. 

Whereas by Commission under the Great Seal of Great 
Britain the Governor Council and Assembly of His Majesty's 
Province of New Jersey are Authorized and Impowered to 
make constitute and Ordain Laws Statutes and Ordinances 
for the Publick Peace Welfare and good Government of the 
said Province, which Laws Statutes and Ordinances are to be 
as near as conveniently may be, agreeable to the Laws and 
Statutes of this Kingdom, and are to be transmitted to His 
Majesty for His JRoyal Approbation or disallowance ; And 
whereas in pursuance of the said Powers, An Act was passed 
in the said Province in March 1770 and transmitted, intituled 
as follows Viz* 

"An Act to explain and Amend An Act of the General 
" Assembly passed in the tenth Year of His Majesty's Reign, 
" intituled An Act for the Relief of Insolvent Debtors, and 
" for other purposes therein mentioned " 



1771] JOURNAL OP GOVERNOR AND COUNCIL. 263 

Which Act together with a Representation of the Lords 
Commissioners for Trade and Plantations thereupon, having 
been referred to the Consideration of a Committee of the 
Lords of His Majesty s most Honourable Privy Council for 
Plantation Affairs, the said Lords of the Committee did this 
Day Report as their Opinion to His Majesty that the said 
Act ought to be disallowed ; His Majesty taking the same 
into Consideration was pleased with the Advice of His Privy 
Council to declare his disallowance of the said Act; And 
pursuant to His Majesty's Royal Pleasure thereupon expressed 
the said Act is hereby disallowed, declared Void, and of none 
Effect. 

Whereof the Governor or Commander in Chief of His 
Majestys said Province of New Jersey for the time being, 
and all others are to take Notice and Govern themselves 
accordingly. 

STEPH COTTRELL 

His Excellency was also Pleased to acquaint the Board 
that upon the Receipt of the said Copies of the Minutes of 
the Privy Council, he had thought proper to issue a Pro- 
clamation to Notify the Repeal of the said two Acts in the 
Words follow. 

By His Excellency 

William Franklin Esq. Captain General Governor and 
Commander in Chief in and over the Province of New Jersey 
and Territories thereon depending in America Chancellor and 
Vice Admiral of the same &c a 

A Proclamation 

Whereas His Majesty by two several Orders in Council at 
S* James's bearing date the seventh day of June last, hath 
been pleased with the Advice of his Privy Council, to declare 
his disallowance of two Acts of the Legislature of this Prov- 
ince, one of which said Acts was passed in November 1769, 
and is intituled "An Act to erect Courts in the several Coun- 



264 NEW JERSEY COLONIAL DOCUMENTS. [1771 

" ties in this Colony for the Trial of Causes of Ten pounds 
" and under." 

The other is an Act passed in March 1770 intituled "An 
" Act to explain and Amend An Act of the General Assembly 
" passed in the tenth Year of His Majesty's Reign, intituled 
" An Act for the Relief of Insolvent Debtors and for other 
" purposes therein mentioned." 

And pursuant to His Majesty's Royal Pleasure thereupon 
expressed the said Acts are thereby disallowed declared void 
and of none Effect. 

I have therefore thought fit to publish His Majesty's Royal 
disallowance and Repeal of the said two Acts by Proclama- 
tion, to the End that all his Majesty's Subjects whom it may 
concern may take Notice thereof and govern themselves 
accordingly. 

Given under my Hand and Seal at Arms at the City of 
Burlington the thirteenth day of September in the Eleventh 
Year of the Reign of our Sovereign Lord King George the 
Third, Anno Domini 1771. 

WM FBANKLIN 

By his Excellency's Command 

CHA PETTIT D Seer 7 

God save the King. 
Of which the Council approved. 



At a Council held at Burlington on Monday the 25 th of 
November 1771. 

Present 
His Excellency the Governor 

David Ogden Esq. Samuel Smith Esq 

Charles Read Esq James Parker Esq 

John Stevens Esq Stephen Skinner Esq. 

Daniel Coxe Esq. 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 265 

His Excellency was pleased to lay before the Board a Letter 
from Samuel Toby Esq. one of the Justices of the Peace for 
the County of Burlington requesting to be dismissed from the 
said office, Whereupon His Excellency with the Advice of 
the Council was pleased to Order that a Supersedeas do issue 
to the said Samuel Toby. 

His Excellency was pleased to lay before the Board a Peti- 
tion from the Congregation at Reformed River at Egghar- 
bour in the County of Gloucester, praying that Samuel Syrs 
may be appointed a Justice of the Peace in the County of 
Gloucester ; Also a Petition from sundry Inhabitants of the 
Township of Amwell in the County of Hunterdon, praying 
that Joseph Reading may be appointed a Justice of the Peace 
in the said County; both which Petitions were read and 
referred for farther Consideration to the next Meeting of the 
Board. 

His Excellency was pleased to lay before the Board the 
Complaint of James M c Bride against Joseph Kitchell Esq. 
one of the Justices of the Peace for the County of Morris. 



At a Council held at Burlington on Tuesday the 26 th of 
November 1771. 

Present 
His Excellency the Governor. 

David Ogden Esq Richard Stockton Esq 

John Stevens Esq Samuel Skinner Esq 

Samuel Smith Esq Daniel Coxe Esq. 
James Parker Esq. 



Sundry Complainants ^ 



v 



John Rockhill Esq 
one of the Justices of 
the Peace for the 
County of Hunterdon. ^ 



On Complaints made to the Gov- 
ernor against the said John Rock- 
hill which now came on to be heard 
before the Governor in Council. 



266 NEW JERSEY COLONIAL DOCUMENTS. [1771 

John Bassett, Robert Graham, Josephs Sever ally Sworn and 
Stout, John Crawford, Samuel John- > Examined 
son Esq. and Kobert Farnsworth. J 

The Parties Complainant having been fully heard, and the 
said John Rockhill Esq r having been heard in his Defence ; 
and the Council having deliberated thereon: It is the 
Opinion of the Board, that altho 7 the Conduct of the said 
John Rockhill does not appear to have been such as to Merit 
his being displaced from his Office of Justice of the Peace, 
Yet that he has Nevertheless acted Contrary to his Duty in 
having made it a custom to take a fee of nine pence not war- 
ranted by Law for entering a Judgment after the parties had 
agreed the Matter in dispute when no Judgment could be 
necessary. 

Ordered that a Copy of the foregoing Minute be delivered 
to the said John Rockhill Esq. 

M r Stevens having on the 27 th of March 1770 obtained a 
Warrant on the Treasury for Six pounds twelve Shillings, 
in Lieu of a Warrant of the same Tenor, dated the 6 th Day 
of December 1769, N 392, which was suggested to have 
been Lost, M r Stevens now informed the Board that he had 
found the last mentioned Warrant, and having received the 
Money on the former Warrant, the said Warrant dated the 
6 th of December 1769 was now delivered up to the Board, 
and the same was cancelled and burned. 



At a Council held at Burlington on Friday the 29 th of 
November 1771. 

Present 
His Excellency The Governor 

David Ogden Esq r Richard Stockton Esq r 

John Stevens Esq r Stephen Skinner Esq r 

Samuel Smith Esq r Daniel Coxe Esq r 
James Parker Esq r 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 267 

His Excellency was pleased to lay before the Board the 
Draught of a Message to the House of Assembly, relative to 
the Petition of the Indians, praying leave to Lease out their 
Lands at Brotherton ; And the Draught of a Message to the 
House of Assembly relative to the Issuing a Writ for the 
Election of a Member for the County of Essex, in the Koom 
of John Ogden Esq ; And to ask the Advice of the Council 
whether it would be proper to send the said Messages to the 
House of Assembly or not 

Whereupon the Council advised His Excellency to send 
the said Messages to the House of Assembly. 



At a Council held at Burlington on Tuesday the 3 d of 
December 1771. 

Present 
His Excellency The Governor 

Charles Read Esq Stephen Skinner Esq 

John Stevens Egq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 
James Parker Esq 

Silas Parvin having at Sundry times exhibited Complaints 
against Jonathan Holmes, Howell Powell, Jonathan Ayars, 
Ephraim Seely, and Samuel Fithian Esq rs Justices of the 
Peace in the County of Cumberland, and this Day having 
been appointed for the hearing of the said Complaints, the 
said Silas Parvin attended, and Ephraim Seely, Samuel Fithian 
and Jonathan Ayars Esq r also attended in behalf of them- 
selves and the other Justices complained against, And the 
said Silas Parvin, being called upon to Support his Accusa- 
tions against the said Justices, acknowledged that he could 
not prove the Charges so fully as he expected, and desired 
Leave to withdraw his Complaints, But the said Justices 
requested, as they had been traduced by the said Parvin, and 
had been at Some Pains to procure Affidavits to prove to the 



268 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Board the ill TreatmeDt they had received from him, that 
some of the Affidavits might be read and the said Parvin 
thereupon requested that some of the Affidavits on his part 
might be also read. 

Ordered that the said Affidavits be referred to the Gentle- 
men of the Council or any three of them and that they be 
read before the said Committee in the Council Chamber to 
morrow morning. 

At a Council held at Burlington on Wednesday the 4 th of 
December 1771. 

Present 
His Excellency The Governor 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 
James Parker Esq 

M r Read from the Committee to whom was referred the 
Complaints of Silas Parvin against Ephriam Seely Esq and 
others His Majesty's Justices of the Peace of the County of 
Cumberland complained of, reported that the said Committee 
had spent a Considerable time in hearing both Parties, and 
from the Evidence before them were unanimously of Opinion 
that Silas Parvin the Complainant had not been able to prove 
the least misbehaviour in the Magistrates, and did acknowl- 
edge before the Committee that he was unable to support his 
Charge and asked their Pardon for the Trouble he had put 
them to, and his Behaviour toward them. 

And the Committee are further of Opinion from the Proofs 
that the Complaints of the said Silas Parvin are frivolous, 
and vexatious, that he has at several times insulted the Bench 
of Justices sitting in their Court of Judicature, and also as 
single Magistrates ; that the Court of Cumberland acted with 
a becoming Spirit in vindicating the Dignity of their Com- 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 269 

miss and by no means exceed the Authority lodged in them 
by the Laws of the Country in Committing the said Silas 
Parvin on his Refusal to find sureties for his good Behaviour : 
And that nothing has appeared in the Conduct of Said 
Magistrates either oppressive or Contrary to Law. 

Which Report being read was approved of by the Board. 



At a Council held at Burlington on Friday December 6 th 
1771. 

Present 
His Excellency The Governor. 

Charles Read Esq r Richard Stockton Esq r 

John Stevens Esq r Stephen Skinner Esq r 

Samuel Smith Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

His Excellency was pleased to lay before the Board the 
Petition of the Presbyterian Clergy in Communion with the 
present Established Church of Scotland, residing in the 
Province of New Jersey ; praying for a Charter to Incor- 
porate into a Body Corporate and Politick with perpetual 
Succession such fit and prudent Persons as to His Majesty 
shall seem fit, by the Name of The New Jersey Society for 
the better Support and Education of the Widows and Chil- 
dren of deceased Presbyterian Ministers, in Communion with 
the present Established Church of Scotland, together with a 
Draught of a Patent for that Purpose, which were severally 
read, and the said Patent referred to the Consideration of the 
Attorney General. 

His Excellency was pleased to lay before the Board a 
Petition from the Court of Quarter Sessions in the County 
of Gloucester, setting forth that the time appointed for hold- 
ing the Spring and Fall Terms are found to be inconvenient, 
and praying for an Ordinance to alter the said Terms to the 
first Tuesday in October, and the Third Tuesday in March 



270 NEW JERSEY COLONIAL DOCUMENTS. [1771 

Yearly. Whereupon the Council advised His Excellency to 
issue an Ordinance agreeably to the Prayer of the said Peti- 
tion. 

His Excellency was also Pleased to lay before the Board a 
Representation, together with the Attorney General's Opinion 
respecting a Murder lately committed on the River Passaick 
and to ask the Opinion of the Council what steps it would be 
proper to take thereon. Whereupon the Council informed 
his Excellency that a Law was now under Consideration 
which would remove the Difficulty therein mentioned. 



At a Council held at Burlington on Tuesday December the 
17 th 1771. 

Present 
His Excellency The Governor. 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq. 
James Parker Esq 

William Ouke ^ 

v Vln Error 

Ezekiel Forman j 

M r Skinner of Council for the Pltiff in Error moved for 
the Argument on the Errors assigned on this Cause now to 
come on, but M r Reed of Council with the Defendant having 
suggested to the Court that there had not been due Notice 
given of the said Motion, and that he was not ready for the 
Argument. 

Ordered that the said Errors be Argued on Monday next 
if the Council shall be then sitting, but if the General Assem- 
bly shall be prorogued before Monday next, then that the 
said Argument do come on as soon thereafter as there shall be 
a General Meeting of the Council. 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 271 

At a Council held at Burlington on Friday the 20th of 
December 1771. 

Present 
His Excellency The Governor 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Coxe Esq 

Samuel Smith Esq John Lawrence Esq 
James Parker Esq 

His Excellency was pleased to Nominate Jonathan Learn- 
ing and Elijah Hughes to be Justices of the Peace in the 
County of Cape May to which the Council Assented. And 
His Excellency with the Advice of Council was pleased to 
Order that a New Commission of the Peace be made out for 
the said County of Cape May. 

His Excellency was pleased to Nominate Theophilus Elmer 
and David Bowen, to be Coroners in the County of Cum- 
berland, to which the Council assented. 

The Resolves of the Council and House of Assembly of 
the 11 th Instant appointing Doctor Benjamin Franklin Agent 
for this Colony, being laid before the Board, His Excellency 
with the Advice of the Council was pleased to give his Con- 
currence to the said Resolves. 



At a Council held at Burlington on Saturday the 21 st of 
December 1771. 

Present 
His Excellency The Governor 

Charles Read Esq Stephen Skinner Esq 

John Stevens Esq Daniel Cox Esq 

Samuel Smith Esq John Lawrence Esq 
James Parker Esq 



272 NEW JERSEY COLONIAL, DOCUMENTS. [1771 

His Excellency was pleased to Sign the following Warrants 
Ordering the Treasurers or either of them to pay. 

N 533 To the Honourable John Berrien Esq. 
for holding the Circuit Courts in 
the Counties of Bergen, Morris and 
Essex in June last 30,, 0,, 

534 To the Honourable Charles Eead Esq 

for holding the Circuit Courts in 
the Counties of Somerset and Mon- 
mouth in October last 20,, 0,, 

535 To His Excellency the Governor for 

one Quarters Salary to 21 st of 

November last 300 ,,^0,, 

536 To His Excellency the Governor for 

one Quarters House Rent to the 

21 8fc of November last 15,, 0,, 

537 To the Hofible Frederick Smith Esq r 

for his Salary as Chief Justice from 
the 21 st of August to the 1 st of 
October last 16 13 4 

538 To the Hofible Charles Read Esq r for 

his Salary as Second Judge of the 
Supream Court from the 21 8t of 
August to the 1 st of October last at 
50f ann 5 11 1 

539 To the same for his Salary from the 

1 st of October last to the 21 flfc of 

Nov r at the rate of 75 ^ annum.. 10 8 4 

540 To the Honble John Berrien Esq 

third Justice of the Supreme Court 
for one Quarters Salary to the 21 st 
of November last 12 10 

541 To Samuel Smith Esq. one of tie 

Treasurers, for one Quarters Salary 

as above 10,, 0,, 



1771] JOURNAL OF GOVERNOR AND COUNCIL. 273 

542 To Stephen Skinner Esq one of the 

Treasurers for One Quarters Salary 

as above 10,, 0,, 

543 To Cortland Skinner Esq. Attorney 

General for One Quarters Salary as 

above 7 10 

544 To Charles Pettit Esq r Deputy Clerk 

of the Council for one Quarters 

Salary as above 7 10 

545 To Charles Pettit for the use of Joseph 

Warrell Esq r Clerk of the Circuits, 

for one Quarters Salary as above... 5 

546 To John Cart? Door Keeper to the 

Council for One Quarters Salary as 

above 2 ,,10,, 

547 To Charles Pettit for the use of David 

Og'den Esq. for nineteen days At- 
tendance as one of His Majesty's 
Council in April and May last, and 
twenty Days at this Session of Gen- 
eral Assembly 11 14,, 

548 To Charles Read Esq. for 34 days at- 

tendance as above at this Session... 10 4 

549 To John Stevens Esq for 37 days at- 

tendance as above at this Session.... 11 2 

550 To Samuel Smith Esq for 32 days 

attendance as above at this Session.. 9 12 

551 To James Parker Esq for five days 

attendance as above in May last and 

34 days attendance at this Session... 11 14 

552 To Richard Stockton Esq. for 16 days 

Attendance as above at this Session. 4 16 

553 To Stephen Skinner Esq for 36 days 

Attendance as above at this Session. 10 16 

554 To Daniel Coxe Esq for 34 days at- 

:tt 
18 



tendance as above at this Session... 10 4 



274 NEW JERSEY COLONIAL DOCUMENTS. [1771 

555 To John Lawrence Esq for 32 Days 

attendance as above at this Session.. 9 12 

556 To Richard Smith Esq Clerk of the 

House of Assembly for 32 Days 
attendance this Session and for 
Extraordinary Services 38,, 9 10 

557 To David Overton Door Keeper to 

the House of Assembly for 18 Days 
Attendance in April and May last 
& 32 Days attendance at this Session 
at 3/6 f day 8 15 

558 To Charles Pettit Esq for Extra- 

ordinary Services as allowed ^ Sup- 
port Bill 25,, 0,, 

559 To the same for Expense of Expresses 

as allowed in the Support Bill 52 

560 To Thomas Polgreen Howlings for five 

Weeks hire of a Room for the Coun- 
cil, and for House Rent Fire Wood 
& for the use of the House of 
Assembly during this Session 17,, 

561 To Edward Hasswell for one Years 

Salary as Doorkeeper or Serjeant at 
Arms to the Council to the 21 8t of 
November last 10,, 0,, 

A true Copy of the Minutes of the Privy Council of New 
Jersey from the 20 th of October 1771 to the 21 st of December 
1771 inclusive 

CHA" PETTIT D Clk 



1772] JOUKNAL OF GOVERNOR AND COUNCIL. 275 

[L. S.] At a Council held at Burlington on Friday 
February 21 st 1772. 

Present 
His Excellency The Governor 

Charles Read Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

His Excellency was pleased to Nominate Samuel Black- 
wood of Deptford and Thomas Clark of Greenwich in the 
County of Gloucester to be Justices of the Peace in the said 
County. 

Henry Freeman of Woodbridge to be a Justice of the 
Peace in the County of Middlesex 

Joseph Reading of Amwell be be a Justice of the Peace in 
the County of Hunterdon, and 

f* Richard Cochran and Robert Stockton Esquires to be 
Judges of the Pleas in the County of Somerset, to which 
Several Nominations the Counsel assented 

It appearing to the Board that George Brown Esq. one of 
the Justices of the Peace in the County of Middlesex has 
greatly misbehaved himself and is unworthy to be continued 
in the Commission of the Peace, His Excellency with the 
Advice of the Council was pleased to order that a Supercedeas 
do issue to the said George Brown. 

A Complaint being exhibited against Thomas Walker 
Esquire one of the Justices of the Peace in the County of 
Middlesex for Marrying Persons without License or Publi- 
cation according to Law, His Excellency was pleased to 
Order the Deputy Secretary to write to the said Thomas 
Walker and give him information of the said Complaint that 
he may have an Opportunity to answer it. 

His Excellency was pleased to lay before the Board a 
Petition from the Overseers of the Poor of the Township of 



276 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Am well and a Representation from the Bench of Justices in 
the County of Hunterdon, relative to a Noli Prosequi lately 
entered by the Attorney General by His Excellency's Order 
in the Court of Quarter Sessions in the County of Hunter- 
don in an Action the King against Thomas Herber. And it 
appearing to the Board that His Excellency had issued the 
said Order on the Recommendation of one of His Majesty's 
Council and the Attorney General, and on good Cause being 
Suggested, the Board was of Opinion that the same was prop- 
erly issued by His Excellency ; and that the said Order can- 
not now be revoked, the Noli prosequi having been entered 
in the said Court of Quarter Sessions at the last Term. 

His Excellency was pleased to lay before the Board the 
Report of the Attorney General relative to the Draught of a 
Charter referred to him by this Board on the 6 th of December 
last, for incorporating " The New Jersey Society for the better 
"Support and Education of the Widows and Children of 
"deceased Presbyterian Ministers in Communion with the 
" present established Church of Scotland," which Report is 
in the words following Viz* 

" May it Please your Excellency 

" I have with great Attention considered the Draught of a 
"Charter for raising a Fund to Support the Widows and 
" Children of Presbyterian Ministers, and humbly report to 
" your Excellency that several points have occurred to me, 
" which I conceive are of too much Importance to be decided, 
" but by the highest Authority. 

" Not to dwell on the Objections which may arise from the 
" Extension to this Province of the Several Acts of Unifor- 
" mity passed before this became an English Colony, and the 
" Consideration how far they may militate against the Estab- 
" lishment aimed at by this Charter, I cannot but remind 
"your Excellency of the Statute of the 5 Anne Cap. 5. 
" (made preparatory to and declared to be a Fundamental of 
" the Union between the Kingdoms of England and Scotland) 
" intituled An Act for Securing the Church of England as by 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 277 

"Law Established. It is among other things thereby 
"Enacted that the Queen's Successors at their Coronation 
" should take an Oath to maintain and preserve inviolably the 
" said SETTLEMENT of the Church of England and the Doc- 
" trine Discipline and Government thereof as by LAW Estab- 
" lished within the Kingdoms of England and Ireland the 
41 Dominion of Wales, the Town of Berwick upon Tweed AND 
" THE TERRITORIES THEREUNTO BELONGING. This Act is 
" recited at large in the Act of Union, as also An Act of the 
" Scotch Parliament for the Preservation of the Church of 
" Scotland in that Kingdom only. 

" It appears also to me a Matter of no Small Concern, how 
" far the Measure may be expedient. But whether a Grant 
" of this Charter is inconsistent with his Majesty's Coronation 
"Oath as tending towards an Establishment repugnant to 
" the Provisions of the said Act of Queen Anne or whether 
" in sound Policy the Priviledges and Immunities Petitioned 
" for ought to be granted by this Government should it be 
" legal so to do, are Questions, which I conceive are improper 
" for me either to determine or pass unnoticed, and the more 
" so because I understand that in a Eeport lately made to his 
" Majesty by the Lords Committee of Council for Plantation 
" Affairs, founded on a Report of the Lords Commissioners 
" of Trade and Plantations respecting a Petition for an incor- 
" poration of the Presbyterian Ministers Elders and Deacons 
" and Trustees in New York referred to the Lords of Trade, 
"by His Majesty for their Consideration and Report, it 
" appears that the Question how far that Establishment could 
" be created by His Majesty consistent with his Coronation 
"Oath, was before the said Lords Commissioners and that 
" they reported to the Lords of the Committee that they con- 
" ceived this Question to be of too great importance for them 
" to decide upon, but that upon the fullest Consideration they 
" were of Opinion that independent of the Objection arising 
" out of this Question it was not expedient upon Principles 
"of a general Policy to comply with the Prayer of that 



278 NEW JERSEY COLONIAL DOCUMENTS. [1772 

" Petition, or to grant them any other Priviledges than they 
" are Milled to by the Laws of Toleration, in which Senti- 
" ments the Lords of the Committee of Council agreed, and 
" reported to His Majesty that the said Petition ought to be 
" dismissed, and His Majesty taking the same into Considera- 
" tion was Pleased with the Advice of His Privy Council to 
" approve thereof and to dismiss the said Petition. 

" Upon the whole as a Report in favour of the proposed 
" Charter, presupposes a Conviction on my part of the Legal- 
" ity and Propriety of it, and which under all the Circum- 
" stances I cannot presume to Affirm, I thought it my Duty 
" to Offer these Suggestions to your Excellency's Considera- 
" tion. conceiving it needless untill I receive your Excellency's 
" further Commands to enter into a Discussion of the Draught 
" referred to me, which is liable in itself to many Objections. 
"lam 

" Your Excellency's most obedient 

" humble Servant 
25 th 1772 " CORTL* SKINNER " 



The Council having taken the said Report into Considera- 
tion and deliberated thereon, are of Opinion That if the said 
Charter shall be so drawn as to be unexceptionable in Point 
of Form, and shall be confined solely to the purposes of the 
Charitable Institution therein mentioned, and the said Cor- 
poration made accountable to this Board for the Moneys they 
shall receive and pay by virtue of the said Charter, then and 
in such Case His Excellency may with propriety order the 
Great Seal to be Affixed to the said Charter, without referring 
the same to the Consideration of His Majesty's Ministers as 
advised by the Attorney General, it appearing to the Council 
that the Reference made to the Board of Trade from the 
Governor of New York, relative to a Charter for a Presby- 
terian Congregation in that Province, is by no means similar 
to the Case now in Question. 

His Excellency was pleased to inform the Board that at 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 279 

the close of the late Session of General Assembly the House 
of Representatives had requested that they might be dissolved, 
and to ask the Advice of the Council whether it would be 
proper to comply with the said Request or not ? The Coun- 
cil taking the same into Consideration advised his Excellency 
to dissolve the present General Assembly. Whereupon His 
Excellency was Pleased to issue a Proclamation for that pur- 
pose in the words following Viz* 

By His Excellency William Franklin Esquire 

Captain General, Governor and Commander in 

[ L. S.] Chief, in and over the Province of New Jersey 

and Territories thereon depending in America 

Chancellor and Vice Admiral in the same &c a 

A Proclamation 

Whereas His Majesty hath been graciously pleased to give 
His Royal Assent to an Act of the Legislature of this Prov- 
ince, passed at Perth Amboy in the eighth Year of His 
Majesty's Reign, intituled "An Act for choosing Representa- 
" tives in the Counties of Morris, Cumberland, and Sussex, 
" and directing the Morris County Taxes to be paid into the 
" Eastern Treasury of this Colony," whereby the Inhabitants 
of each of the said Counties of Morris, Cumberland, and 
Sussex, are intitled and impowered to choose two Represen- 
tatives to serve in the General Assembly of this Colony : 
And Whereas the Election of the Representatives for the 
said three Counties pursuant to the said Act cannot be had 
untill after dissolution of the present General Assembly : 

I have therefore thought fit by and with the Advice and 
consent of His Majesty's Council to dissolve the present 
General Assembly of this Province of New Jersey, and the 
said General Assembly is hereby dissolved: of which all 
Persons concerned are to take Notice and govern themselves 
accordingly. 

Given under my Hand and Seal at Arms in the City of 
Burlington the twenty first day of February in the twelfth 



280 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Year of the Reign of George the Third by the Grace of God 
of Great Britain France and Ireland King Defender of the 
Faith &c, Anno Domini 1772. 

W m FKANKLIN 
By His Excellency's Command 

CHA" PETTIT D Sec y 

God save the King 

His Excellency was pleased to sign the following Warrants 
ordering the Treasurers or either of them to pay 

N 562. To His Excellency the Governor or 
Order for one Quarters Salary due 
this Day 300,, 0,, 

563. To the same for one Quarters House 

Kent 15,,_,,_- 

564. To the Honble Charles Read Esq. 

Second Judge of the Supreme Court 

for one Quarter's Salary 18 15 

565. To the Honble John Berrien Esq. 

third Justice of the Supreme Court 

for one Quarters Salary 12 10 

566. To Samuel Smith Esq. one of the 

Treasurers for one Quarters Salary.. 10 

567. To Stephen Skinner Esq. one of the 

Treasurers for one Quarters Salary.. 10 

568. To Cortland Skinner Esq. Attorney 

General for one Quarters Salary.... 7 10 

569. To Charles Pettit Esq. Deputy Clerk 

of the Council for one Quarters 

Salary 7,,10,,- 

570. To Charles Pettit Esq Deputy Clerk 

of the Circuits for one Quarter's 

Salary 5,, 0,, 

571. To John Carty Doorkeeper to the 

Council for one Quarters Salary.... 2 10 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 281 

572. To Isaac Collins Esq. for printing the 

Laws and Votes of the last Session 
of General Assembly and other 
Services agreeable to the Certificate 
of Abraham Hewlings and Henry 
Paxson Esquires 153 ,,15,, 3 

573. To Richard Smith Esq. for Copying 

the Laws and Votes of the last 
Session for the Printer, and for 
Recording the Votes of the House 
of Assembly in their Journal 18 

574. To Charles Pettit Esq. for a Copy of 

the Laws passed at the last Session 

to send to England 6,, 6,, 8 

575. To Thomas Whetherill Sergeant at 

Arms to the House of Assembly for 
fourteen days Attendance in April 
and May, and thirty two days at the 
Session in Novem r and December 
last 6 ,,18,, 

At a Council held at Burlington on Saturday the 16 th of 
May 1772. 

Present 
His Excellency The Governor 

David Ogden Esq. Samuel Smith Esq. 

Charles Read Esq. John Lawrence Esq. 

John Stevens Esq. 

His Excellency was pleased to lay before the Board His 
Majesty's Royal disallowance of two Acts of the General 
Assembly of this Province which was signified to His Excel- 
lency by a copy of the Minutes of His Majesty's most 
Honble Privy Council, transmitted by the Earl of Hills- 
borough one of His Majesty's Principal Secretaries of State 
in the words following Viz* 



282 NEW JERSEY COLONIAL DOCUMENTS. [1772 

[L. S.] At a Court at 8* James's the 15 th day of Jan- 
uary 1772 

Present 
The Kings most Excellent Majesty ' 

Lord President Viscount Barrington 

Duke of Queensbury Viscount Hinchinbrooke 

Lord Chamberlain Lord North 

Earl of Denbigh General Conway 

Earl of Sandwich Welbore Ellis Esquire 

Earl of Litchfield Sir Gilbert Elliott 

Earl of Rochford George Onslow Esquire 

Earl of Bristol George Rice Esquire 
Viscount Falmouth 

Whereas by Commission under the Great Seal of Great 
Britain the Governor Council and Assembly of His Majesty's 
Province of New Jersey are Authorized and impowered to 
make constitute and ordain Laws Statutes and Ordinances for 
the Publick Peace Welfare and good Government of the 
said Province ; which Laws Statutes and Ordinances are to 
be as near as conveniently may be agreeable to the Laws and 
Statutes of this Kingdom and are to be transmitted for His 
Majesty's Royal Approbation or Disallowance : And Whereas 
in Pursuance of the said Powers two Acts were passed in the 
said Province in October 1770. and transmitted intituled as 
follows viz* 

"A Supplementary Act to An Act intituled An Act for 
" the better enabling of Creditors to recover their Debts from 
" Persons who abscond themselves " 

"An Act to enable Persons who are His Majesty's Liege 
"Subjects either by Birth or Naturalization to inherit and 
" hold Real Estates, notwithstanding the Purchase Grant or 
" Devise were made before Naturalization within this Colony." 

Which Acts together with a Representation from the Lord 
Commissioners for Trade and Plantations thereupon having 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 283 

been referred to the Consideration of a Committee of the 
Lords of His Majesty's most Honourable Privy Council, the 
said Lords of the Committee did this day report as their 
Opinion to His Majesty that the said Acts ought to be dis- 
allowed. His Majesty taking the same into Consideration 
was pleased, with the Advice of His privy Council, to declare 
his Disallowance of the said Acts : and pursuant to His 
Majesty's Royal Pleasure thereupon expressed the said Acts 
are hereby disallowed, declared void and of none Effect. 
Whereof the Governor or Commander in Chief of His 
Majesty's said Province of New Jersey for the time being 
and all others whom it may concern are to take Notice and 
Govern themselves accordingly. 

STEPH: COTTRELL" 

His Excellency was Pleased to lay before the Board a 
farther Report of the Attorney General upon the Draught of 
a Charter for incorporating the " New Jersey Society for the 
" better Support and Education of the Widows and Children 
" of deceased Presbyterian Ministers in communion with the 
" present established Church of Scotland," which was read in 
the words following. Viz* 

"In obedience to your Excellency's Commands I have 
" again considered the Draught of the Charter for incorpor- 
" ating certain Persons and enabling them to raise a Fund 
" for supporting the Widows and Educating the Children of 
" Presbyterian Ministers, and propose the following Amend- 
" ments and Additions. In the Second Line instead of 
" Presbyterian Clergy say Presbyterian Ministers or Teachers, 
" and so throughout the whole Charter. The King in his 
" Grant can't know nor with Propriety call any Men Clergy- 
" men but those of the Established Church of England, at 
" least in England Ireland and these Colonies. In Acts of 
" Parliament the Ministers of Dissenting Congregations are 
" Stiled Ministers or Teachers^ never Clergymen, for which 
" I refer to every Statute in which they are named and if it 



284 NEW JERSEY COLONIAL DOCUMENTS. [1772 

" is possible to produce a Charter to them I dare say they 
" have not the same Stile with the Clergy of the established 
" Church. How far they are in Communion with the Church 
" of Scotland I do not know, but if the Matter was inquired 
" into I am of Opinion that they are not in full Communion 
" and therefore the words in Communion with the present 
"established Church of Scotland," should be omitted. 

To prevent the misapplication of the Fund I have drawn 
two Clauses to be inserted in the Charter ; by the " 1 st I intend 
" to make them render Annual Accounts and subject their 
" Books &c, to Inspection if necessary and by the 2 d that 
" their Charter shall be void upon such Misapplication." 

These are necessary in my opinion because 1 st In Grants 
of this Kind even to the Professors of the Church by Law 
established they are inserted. 2 d Because I am credibly 
informed and believe it to be true that in a neighbouring 
Government or Corporation of the like sort apply part of the 
Income of their Funds often in paying Salaries to Teachers 
in several parts of the Continent where new settlements are 
made, which, if they can justify from the Powers given in 
that Charter Yet seems to me to be against the intention of 
the Grant, and ought to be guarded against in this ; for from 
such Practices an Establishment, will be formed for their 
Teachers not intended by Government. 

CoBi 4 SKINNER 

Which Report was 'referred to farther Consideration His 
Excellency was Pleased to nominate the Honourable David 
Ogden Esq. to- be one of the Justices of the Supreme Court 
of this Province in the Room of John Berrien Esq. deceased 
to which the Council assented. 

His Excellenty was Pleased to nominate Thomas Anderson 
Esq. and Abraham Van Campen to be Justices of the Peace 
in the County of Sussex to which the Council assented. 

His Excellency was Pleased to signify to the Board that 
he wanted to have an Account of the Number of Inhabitants 
of this Province distinguished into several Classes, and of 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 285 

the number of Births and Burials in the same for one Year : 
and to ask the Advice of the Council in what manner he 
could best obtain the said Accounts. Whereupon the Council 
advised His Excellency to cause a number of Blank Lists to 
be printed with the proper Heads and Titles and to Issue 
Orders to the several Sheriffs to request the Assessors in their 
respective Districts to fill them up at the time of their going 
about to take the Rates and Assess the Taxes on the Inhabi- 
tants. And a List was made out accordingly. 
[Vide the printed Form annexed. *] 



At a Council held at Burlington on Monday the 25 th day 
of May 1772 

Present 
His Excellency The Governor 

Charles Read Esq. 
Samuel Smith Esq. 
John Lawrence Esq. 

His Excellency was pleased to acquaint the Board that he 
had received information that on the Night of the 22 d Instant 
a Murder had been committed on the Body of Elizabeth 
Knight in the County of Burlington by some Person or 
Persons unknown, aad that application had been made to his 
Excellency to issue a Proclamation offering a Reward for the 
discovery and apprehending of the Perpetrators of the said 
Murder. 

Whereupon the Council advised his Excellency to issue a 
Proclamation for that purpose, which was done accordingly 
in the following words 

By His Excellency William Franklin Esq. 

Captain General Governor and Commander in 

[L. S.] Chief in and over the Province of New Jersey 

and Territories therein depending in America 

Chancellor and Vice Admiral of the same &c 

1 See page 287. 



286 NEW JEKSEY COLONIAL DOCUMENTS. [1772 

A Proclamation 

Whereas I have received Information that on the Night of 
the twenty second day of this Instant May, a barbarous and 
horrid Murder was committed on the Body of one Elizabeth 
Knight, in the Township of Evesham, by some Person or 
Persons as yet unknown, the said Elizabeth Knight having 
been found dead in her House early in the Morning of the 
twenty third Instant, with her Scull broken in two Places, 
and her right Arm broken below the Elbow. 

I have therefore thought fit, by and with the Advice and 
consent of His Majesty's Council, to issue this proclamation, 
hereby strictly charging and commanding all Justices of the 
Peace Sheriffs and other Officers within this Province to be 
particularly vigilant in endeavouring to detect the Perpetrator 
or Perpetrators of this atrocious Murder, so that he or they 
may be brought to Condign Punishment, And in order to 
encourage a Zeal and Activity in the Pursuit I do hereby 
promise a Eeward of Fifty Pounds to be paid out of the 
Publick Treasury of this Province to any Person or Persons 
who shall apprehend and secure the said Murderer or Mur- 
derers so that he and they be convicted thereof. And I do 
farther Promise His Majesty's Most Gracious Pardon to any 
Accomplice in the said Crime who shall discover and prose- 
cute to Conviction the principal Perpetrator of the same. 

Given under my Hand and Seal at Arms at Burlington the 
25 th day of May in the twelfth Year of the Eeign of our 
Sovereign Lord George the Third Anno Domini 1772. 

W m FRANKLIN 

By His Excellency's Command 

CHA" PETTIT D. Secr y 

God save the King 



1772] 



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288 NEW JERSEY COLONIAL DOCUMENTS. [1772 

At a Council held at Burlington on Friday the 19 th day of 
June 1772. 

Present 
His Excellency The Governor 

Charles Read Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

His Excellency was pleased to ask the Advice of the Council 
as to the time of calling a Meeting of the General Assembly : 
whereupon the Council advised His Excellency to appoint 
Wednesday the 19 th of August next for the said Meeting at 
Perth Amboy. 

His Excellency by the Advice of the Council was pleased 
to sign the following Warrants ordering the Treasurers or 
either of them to pay. 

N 576 To Himself or Order for one Quarters 

Salary due the 21 st of May last 300 

577 To Himself or Order one Quarters 

House Rent 15,, 0,, 

578 To the Honble Charles Read Esq. 

Second Justice of the Supreme 

Court for one Quarters Salary 1 8 1 5 

579 To Samuel Smith Esq. one of the 

Treasurers for one Quarters Salary.. 10 

580 To Stephen Skinner Esq. one of the 

Treasurers for one Quar rs Salary.... 10 

581 To Cortland Skinner Esq. Att y Gen- 

eral for one Quarters Salary 7 10 

582 To Charles Pettit Esq. Deputy Clerk 

of the Council for one Quarters 

Salary 7 !() 

583 To Charles Pettit Esq. Deputy Clerk 

of the Circuits for one Quarters 

Salary... 5,, 0,, 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 289 

584 To John Carty Doorkeeper to the 

Council for one Quarters Salary.... 2 10 

585 To the Honble Charles Read Esq. for 

holding the Circuit Courts in Cum- 
berland, Salem, Gloucester and 
Hunterdon April and May last 40 ,,'[0 

586 To the Honourable Samuel Smith Eeq 

one of the Treasurers for cancelling 
6,856 17 9 of the Bills of 
Credit of this Province on the 13 th 
of May last as by the Certificate of 
the Justices and Freeholders of 
the County of Burlington appears 
being one Per Cent on the s d Sum.. 68 11 4 

His Excellency was pleased to lay before the Board the 
Draught of a Proclamation for appointing four Terms to be 
held Yearly in the Court of Chancery of this Province, 
which being approved of by the Council His Excellency was 
pleased to issue the said Proclamation in the words following 
Viz* 

By His Excellency William Franklin Esquire 

Captain General Governor and Commander in 

[ L. S.] Chief in and over the Province of New Jersey 

and Territories thereon depending in America 

Chancellor and Vice Admiral in the same &c 

A Proclamation 

Whereas it is requisite for the more regular carrying on the 
Proceedings in the Court of Chancery within this Province, 
and for expediting the Business thereof, that regular and 
stated Terms should be appointed and established for hold- 
ing the said Courts : I have therefore thought fit to fix and 
appoint, And I do hereby fix appoint and establish four 
Terms to be held and observed in the said Court Yearly and 
every Year, for the hearing of Motions and Arguments, 
trying of Causes and making and entering the Decrees, Rules, 

19 



290 NEW JERSEY COLONIAL DOCUMENTS. [1772 

and Orders, of the said Court ; which said Terms shall be 
held, two at the City of Burlington and two at the City of 
Perth Amboy as follows viz* The Terms holden at the City 
of Burlington shall begin on the Saturday next after the 
Second Tuesday in May, and the Saturday next after the 
Second Tuesday in November ; And the Terms held at the 
City of Perth Amboy shall begin on the Saturday next after 
the first Tuesday in April, and the Saturday next after the 
first Tuesday in September ; which said Terms respectively 
shall continue from Day to Day as long as may be expedient : 
And all Persons whom it may Concern are hereby required 
to take Notice of the said Appointment and Govern them- 
selves accordingly. 

And I do hereby strictly Charge and Command as well 
the immediate Officers and Ministers of the said Court of 
Chancery, as all Sheriffs and other Officers and Ministers of 
Justice to whom it shall or may appertain, to give due and 
regular Attendance at the aforesaid several Terms or sittings 
of the said Court of Chancery 

Given under my hand and Seal at Arms in the City of 
Burlington the nineteenth day of June in the twelfth Year 
of the Reign of our Sovereign Lord King George the Third 
Anno Domini 1772. 

W m FKANKLIN 

By His Excellency's Command 

CHA S PETTIT D. Secr y 
God save the King 



At a Council held at Perth Amboy on Friday the 21 st of 
August 1772. 

Present 
His Excellency The Governor 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 
John Stevens Esq. Daniel Coxe Esq. 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 291 

His Excellency was Pleased to sign the following Warrants 
on the Treasury. 

N 587. To Himself or Order for one Quarters 
Salary due this day as Commander 
in Chief. 300,, 0,, 

588. To the same for one Quarters House 

Rent 15,, 0,, 

589 To the Honble Charles Read Esq. for 
one Quarters Salary as Second Jus- 
tice of the Supreme Court 18 15 

590. To the Honble Samuel Smith Esq one 

Quarters Salary as one of the Treas- 
urers 10 

591. To the Honble Stephen Skinner E?q. 

for one Quarter's Salary as one of 

the Treasurers.... 10,, 

592. To Cortland Skinner Esq. for one 

Quarters Salary as Attorney Gen- 
eral 7 ,,10,, 

593. To Charles Pettit Esq. for one Quar- 

ters Salary as Deputy Clerk of the 

Council 7,, 10,, 

594. To Charles Pettit Esq. for one Quar- 

ter's Salary as Deputy Clerk of the 

Circuits 5,, 0,, 

595. To John Carty for one Quarters Sal- 

ary as Doorkeeper to the Council... 2 10 

596. To Charles Pettit Esq. (for the use of 

Doctor Benjamin Franklin) for two 
years and nine Months Salary due 
to the said Doctor Franklin as 
Agent for this Colony on the 8 th 
Instant 275,, 0,, 

597. To Richard Stockton Esq. (for the use 

of the Executors of John Berrien 
Esq deceased) for two Months Sal- 



292 NEW JERSEY COLONIAL DOCUMENTS. [1772 

ary due to the said John Berrien 
Esq. as one of the Justices of the 
Supreme Court the 21 st of April last, 8,, 6,, 8 



At a Council held at Perth Amboy on Thursday the 27 th 

of August 1772. 

Present 
His Excellency The Governor 

Peter Kemble Esq. Richard Stockton Esq. 

David Ogden Esq. Stephen Skinner Esq. 

The Earl of Stirling Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 
James Parker Esq. 

His Excellency was Pleased to lay before the Board the 
Draught of a Message to the House of Assembly acquaint- 
ing them that having received Information that a Battalion 
of His Majesty Troops are daily expected to arrive in this 
Province His Excellency has sssued Orders to the Barrack 
Masters of Perth Amboy Elizabeth Town and Brunswick to 
put the Barracks into immediate Repair for the Reception of 
the said Troops, but that the Barrack Masters had represented 
to him that there is no Fund appropriated for that particular 
purpose they cannot comply with the said Orders and there- 
fore requesting that the House will make a suitable Provision 
as well for the Repair of the Barracks as the Supply of the 
Troops with the Necessaries usually furnished them by the 
Province. And to ask the Advice of the Council whether 
it would be proper to send the said Message to the House of 
Assembly or not. Whereupon the Council advised His 
Excellency to send the said Message to the House. 

His Excellency was pleased to lay before the Board the 
Petition of Richard Johnson of Gloucester County, and the 
claims of some other Persons of the reward of fifty Pounds 
lately offered by Proclamation for apprehending the Murderer 
of Elizabeth Knight late of the County of Burlington together 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 293 

with sundry Affidavits in support of the Claim of Burgess 
Gamble one of the said Claimants and a Letter from M r Justice 
Read recommending that the said Reward should be divided 
in the following manner, Viz* Thirty pounds to the use of 
the said Richard Johnson, Ten Pounds to the Use of Burgess 
Gamble and Ten Pounds to the Use of Hugh Kirby Kirevan, 
Whereupon the Council advised His Excellency to issue the 
following Warrant to the Treasurers ordering them or either 
of them to pay 

N 598. To Charles Pettit Esq or Order to the following 
uses viz* Thirty Pounds to the use of Richard Johnson, Ten 
pounds to the Use of Burgess Gamble, and Ten Pounds to 
the Use of Hugh Kirby Kirevan 50 



At a Council held at Perth Amboy on Thursday the 17 th 
of September 1772. 

Present 
His Excellency The Governor 

David Ogden Esq John Stevens Esq 

The Earl of Stirling James Parker Esq 
Charles Read Esq Stephen Skinner Esq 

Daniel Coxe Esq. 

His Excellency was pleased to Nominate John Hart, Noah 
Hunt, Noah Hart, Nathaniel Hunt, Oliver Barnet, and 
Robert Taylor, to be made Justices of the Peace in the 
County of Hunterdon. To which'the Council assented. 

His Excellency .was Pleased to Nominate Robert Erskine 
to be made a Justice of the Peace in the Counties of Bergen 
and Morris. And John Jacob Faish, and Hendrick Mande- 
ville to be made Justices of the Peace in the County of 
Morris, Henry Alward, Doctor John Cochran, Stephen Hunt, 
John Vandike jun r and Nathaniel Ayres to be made Justices 
of the Peace in the County of Somerset and Alexander Lynn 
to be a Judge of the Pleas in the County of Somerset : to 
which several Nominations the Council assented. 



294 NEW JERSEY COLONIAL DOCUMENTS. [1772 

His Excellency was pleased to Nominate Jacob Stain Esq. 
and Samuel Lundy to be made Judges of the Pleas in the 
County of Sussex, and Jacob Lundy, Abia Brown, Robert 
Allison, Abraham Van Camp, and Richard Bouslby * to be 
Justices of the Peace in the said County, to which the Council 
assented. 

His Excellency was pleased to Nominate David Kent and 
John Ross to be made Justices of the Peace in the County 
of Middlesex, to which the Council assented. 

His Excellency was pleased to Nominate John Wheaton 
Samuel Ogden of Deerfield, Ephraim Harris, William Dollas 
William Paulin and Daniel Elmer to be made Justices of the 
Peace in the County of Cumberland, to which the Council 
assented. 

His Excellency was pleased to lay before the Board a 
Petition from sundry of the Inhabitants of the Township of 
Fairfield in the County of Cumberland, praying that the said 
Township may be divided, and that part of the said Town- 
ship may by a Charter be Erected into a new Township. 

Whereupon the Council advised His Excellency to grant 
the Prayer of the said Petition. 



At a Council held at Perth Amboy on Friday the 18 th 
September 1772. 

Present 
His Excellency The Governor 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 
John Stephens Esq. 

His Excellency was pleased to lay before the Board a 
Message from the House of Assembly of this Day, request- 
ing "that His Excellency will be Pleased to remove the 

1 Bowlby ? 



1772] JOURNAL OF GOVERNOR AND COUNCIL. 295 

" Eastern Treasurer from his Office, and appoint another in 
" his Room, and that His Excellency would be pleased to 
"concur in a Law to Authorize the Treasurer so to be 
" appointed to commence a Suit against the now Treasurer 
"for the Monies Stolen out of the Treasury; or if His 
"Excellency should disapprove of this Measure, that he 
" would be pleased to point out some more eligible Method to 
"obtain this desirable End." And thereupon requested the 
Advice of the Council what Measures it would be proper to 
take on this occasion. 

The Council taking the same into Consideration advised 
His Excellency to desire the House of Assembly by Message 
to appoint a Committee of that House to meet a Committee 
of the Council in a free Conferrence on the Subject of the 
said Message from the House of Assembly, so far as relates 
to the Mode of prosecuting the Suit to be commenced against 
the Treasurer ; but as to the removing him from his Office, 
the Council desire farther time to deliberate thereon. 



At a Council held at Perth Amboy on Saturday the 26 th of 
September 1772. 

Present 
His Excellency The Governor 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Raid Esq. Daniel Coxe Esq. 
John Stevens Esq. 

His Excellency was pleased to call upon the Council for 
their Advice respecting the removal of the Eastern Treas- 
urer from his Office as requested by the House of Assembly 
in their Message, which Message His Excellency had laid 
before the Board on the 18 th Instant. The Council resuming 
the Consideration of the said request, were unanimously of 
Opinion that it would not be proper to remove the said Treas- 



296 NEW JERSEY COLONIAL DOCUMENTS. [1772 

urer from his Office at present, and advised His Excellency 

not to comply with the said request of the House of Assembly. 

His Excellency was pleased to sign the following Warrants 

N 599. To Jonathan Deare Esq. Clerk of the 
House of Assembly nineteen pounds 
and ten shillings for 39 days attend- 
ance at this Session of Assembly at 
10/ f Day. And thirty five Pounds 
ten shillings and eight pence for 
Sundry Services as provided by the 
Incidental Bill 55,, 0,, 8 

600. To Andrew Robinson Sergeant at 

Arms to the House of Assembly for 
39 days attendance at this Session at 
3/f Day, 5,, 17,,- 

601. To Henry Richards Doorkeeper to the 

House of Assembly for 39 days 

attendance at this Session 6 1 6 6 

602 To Peter Kemble Esq. for 25 days 

attendance as one of His Majesty's 

Council at this Session 7,, 10,, 

603 To David Ogden Esq. for 41 Days 

attendance as above 12,, 6,, 

604 To Charles Read Esq. for 31 Days 

attendance as above 10 ,,10,, 

605 To the Earl of Stirling for 43 Days 

attendance as above 12,, 18 

606. To John Stevens Esq. for 45 Days 

attendance as above 13 ,,10,, 

607. To James Parker Esq. for 39 Days 

attendance as above 11 ,,14,, 

608. To Richard Stockton Esq. for 33 Days 

attendance as above 9 18 

609 To Stephen Skinner Esq. for 39 Days 

attendance as above 11 ,,14,, 



1772] JOURNAL, OF THE PROVINCIAL COUNCIL. 297 

610. To Daniel Coxe Esq. for 44 Days 

attendance as above 13,, 4,, 

611. To John Lawrence Esq. for 22 Days 

attendance as above 6 12 

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

CHA" PETTIT D Clerk of 
the Council 



A Journal of the Proceedings of His Majesty's 
Council for the Province of New Jersey at a 
f L S "1 Cession f the General Assembly of the said 
Province begun and holden at the City of Perth 
Amboy on Wednesday the 19 th day of August 
Anno Domini 1772. 

Wednesday August 19 th The House met 
Present 

The Earl of Stirling James Parker Esq 
John Stevens Esq Stephen Skinner Eeq 

The House Continued till tomorrow 



Thursday August 20 th The House met 

Present 

David Ogden Esq James Parker Esq 

The Earl of Stirling Stephen Skinner Esq 
John Stevens Esq Daniel Coxe Esq 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary informed the House of Kepresen- 



298 NEW JERSEY COLONIAL DOCUMENTS. [1772 

tatives 1 that he was ready to receive the Presentation of their 
Speaker, the House attended and presented Cortland Skinner 
Esq. as their Speaker, of whom his Excellency was pleased to 
approve. 

The Speaker requested that the House might be continued 
in their usual Priviledges. Whereupon his Excellency was 
pleased to assure the House that they should be protected in 
their priviledges. 

After which His Excellency was pleased to make a Speech 
to both Houses in the words following. 

Gentlemen of the Council and Gentlemen of the General 

Assembly. 

It affords me particular Pleasure to have it in my Power, 
at the opening of this Session to congratulate you on the addi- 
tion which, by His Majesty's gracious allowance, has been 
made to the number of the Representatives of the good People 
of this Province, 2 An Event at which I the more rejoice, as 
I flatter myself it will be the means of uniting all the Parts 
of the Colony in promoting many Schemes of publick Utility 
which have hitherto been too much neglected. A fatal senti- 
ment has long unhappily prevailed in this Province, that 
every Measure which must be attended with Expence, and 
has not a Tendency to Benefit every part of the Province, 
equally, ought not to be adopted by the Legislature. It is 
however scarcely possible to continue any Scheme for the 

1 The members of the Twenty-second Assembly were as follows : Perth Amboy 
Cortland Skinner, John Combs ; Middlesex John Wetherill, John Moores ; Mon- 
mouth Edward Taylor, Richard Lawrence ; Essex Stephen Crane, Henry Garritse ; 
Somerset Hendrick Fisher, John Roy ; Bergen Thomas Dej r , Johannes Demarest ; 
.Jfoms Jacob Ford, William Winds ; City of Burlington James Kinsey, Thomas P. 
Hewlings ; County of Burlington Henry Paxson, Anthony Sykes ; Salem Grant 
Gibbon, Benjamin Holme ; Gloucester John Hinchman, Robert F. Price ; Cape May 
Jonathan Hand, Eli Eldridge ; Hunterdon Samuel Tucker, John Mehelm; Cumber- 
landJohn Shepherd, Theophilus Elmer ; Sussex Thomas Van Home, Nathaniel 
Petit. Of the foregoing, John Moores died, and Azariah Dunham was chosen ; 
Thomas Van Horn also died and was succeeded by Joseph Barton. 

2 This addition to the number of Representatives was from the counties of Morris, 
Cumberland and Sussex, which counties, by a law passed May 10th, 1768, and con- 
firmed by the King in Council, December 9th, 1770, were allowed to choose two 
Representatives each, " after the dissolution of this present Assembly." See Allinson's 
Laws, page 305. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 299 

publick Advantage which can have so extensive an Effect. 
In the nature of things some Situations must be more imme- 
diately benefitted than others; yet whatever procures an 
Advantage to any part of the Province which it did not enjoy 
before, is ultimately a Benefit to the whole. For want of a 
due Attention to this Truth, this Province, which has equal 
Advantages with any of the Neighbouring Colonies, is, tho' 
one of the most Antient, shamefully behind all the others in 
its Trade, Roads, Bridges, publick Buildings, and such other 
Improvements as denote a Sensible and Spirited people. 
Every unnecessary Expence should, indeed, be carefully 
avoided, but it is neither consulting the Interest nor Reputa- 
tion of the Province, to decline any Expence which the 
publick good does at any time require. 

Gentlemen of the General Assembly 

In the year 1765 the Assembly thought proper on my 
Recommendation, to grant a Bounty upon the raising of Flax 
and Hemp, and planting of Mulberry Trees in this Colony 
for raising of raw Silk. The Bounty on the two first Articles 
has, I am told, been productive of very good Effects ; but 
the Bounty on the latter has, I believe, never been applied 
for, owing to the People not being till lately, sensible of the 
Advantages which might accrue to them from the Culture of 
Silk. From the Success of the Trials which were made last 
Year in this Colony and Pennsylvania (a particular Account 
of which is printed in the Minutes of Assembly) there can 
be no doubt but that it would be greatly to the Interest of 
the Province to encourage the raising of that Article. I 
cannot therefore but recommend it as a Matter worthy of 
your particular Attention ; and for the same Reason, I must 
likewise request that you would continue the Bounty on Flax 
and Hemp, which is near expiring, and grant others on the 
making of Wines and Pot Ash in this Colony. 

In providing for the Support of Government, I would 
wish you to Consider how greatly inadequate the usual Sal- 
aries allowed the Publick Officers of this Province are to the 



300 NEW JERSEY COLONIAL DOCUMENTS. [1772 

increased Expences of living, and to the increased Abilities 
of the Inhabitants since the time they were first Established. 
An ill-judged Parsimony has hitherto prevailed in this 
Respect ; but I should think myself greatly wanting in Real 
Regard for the Province if I did not warn you at this time 
against a Conduct the continuance of which will most prob- 
ably be found to be as impolitick as it is unbecoming the 
Honour of the Province you Represent. On this He'ad I 
am to inform you that it has been signified to me that the 
Chief Justice having been under a necessity of representing 
the Insufficiency of his Support to the King, " His Majesty 
" has been graciously pleased to give him an Adequate Salary, 
" which Mark of His Majesty's Attention to the Dignity and 
" Independence of that Officer, it is hoped will give great 
"Satisfaction; and as it is His Majesty's Pleasure that he 
" should no longer accept any allowance from the Assembly, 
" the Province will be relieved from any further Expence on 
" Account of that Establishment." 

Gentlemen of the Council, and Gentlemen of the General 
Assembly 

I have now only to express my wishes that an uninter- 
rupted Harmony and good understanding may prevail in all 
your deliberations for the publick welfare, and to Assure you 
that you shall ever find me ready to exert myself to the 
utmost in whatever may best promote the true interest of this 
Colony. 

Council Chamber 1 W m FKANKLIN 

August 20 th 1772 J 

The House continued till tomorrow 

Friday August 21 st The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 
John Stevens Esq. Daniel Coxe Esq. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 301 

His Excellency's Speech to both Houses being read 
Ordered, that Lord Stirling, M r Stevens and M r Parker 

be a Committee to prepare and bring in a Draught of an 

Address to his Excellency in Answer thereto. 
The House continued till tomorrow 



Saturday August 22 d The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 
John Stevens Esq. Daniel Coxe Esq. 

The House continued till Monday 



Monday August 24 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 
John Stevens Esq. Daniel Coxe Esq. 

The House continued till tomorrow 



Tuesday August 25 th The House Met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Stephen Skinner Esq. 

The Earl of Stirling John Lawrence Esq. 

Lord Stirling from the Committee appointed to prepare 
the Draught of An Address to his Excellency in Answer to 
his Speech at the Opening of this Session, reported that the 
said Committee had prepared a Draught of an Address 
which he was ready to report when the House would be, 
pleased to receive the same 



302 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Ordered that the said Report be made immediately 

Whereupon his Lordship read the said Draught in his 
Place and Delivered it in at the Table 

The Draught of an Address to his Excellency being read 
the Second time. 

On the Question 

Resolved, that the House do Approve of the said Address. 

Ordered, that the same be Engrossed. 

A Message from the House of Assembly by M r Dey and 
M r Winds in the words following 

" Ordered that M r Hinchman, M r Tucker, M r Taylor M r 
" Price, M r Holmes, and M r Vanhorne, or any three of them, 
" be a Committee to adjust all Publick Accounts which may 
" come before the House this Session, and to meet a Com- 
"mittee of the Council to settle the Province Lottery 
" Account. Ordered that M r Dey and M r Winds do inform 
"the Council thereof and desire they will appoint a Com- 
" mittee for that purpose together with the time and Place of 
" meeting." 

Ordered that M r Stevens, M r Stockton and M r Coxe or 
any two of them be a Committee to meet a Committee of the 
House of Assembly to Adjust all Publick Acc ts which may 
come before the House this Session, and also to settle the 
Province Lottery Accounts, that the said Committees do 
meet for the purposes aforesaid at the House of Elijah 
Dunham on Thursday next at four o'clock in the Afternoon, 
and that M r Skinner do acquaint the House of Assembly 
therewith. 

A Message from the House of Assembly in the words fol- 
lowing. 

"Ordered that M r Fisher M r Hinchman. M r Gibbon M r 
" Hewlings, M r Moores, and M r Pettit, or any three of them 
"be a Committee to join a Committee of the Council to 
" settle the Eastern Treasurer's Accounts and burn the Can- 
" celled Money in his hands and make report to the House. 
" Ordered that M r Dey and M r Winds do inform the Council 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 303 

" thereof and desire them to appoint a Committee for that 
" purpose together with the time and place of Meeting. 

Ordered that M r Ogden M r Stevens, and M r Lawrence or 
any two of them be a Committee to meet a Committee of the 
House of Assembly to settle the Acc te of the Eastern Treas- 
urer and burn the Cancelled Money in his Hand, and make 
Report thereof to this House and that the said Committees 
do meet for the purposes aforesaid at the said Treasurers 
House on Thursday next at ten o'Clock A. M. 

Ordered that M r Skinner do acquaint the House of Assem- 
bly therewith 

M r Hinchman and M r Hewlings from the House of Assem- 
bly presented for the Concurrence of this House a Bill 
intituled "A Supplementary Act to An Act intituled An Act 
to enable the Owners and Possessors of the Meadows and 
Swamp on a Branch of Alloways Creek to keep up and main- 
tain the Banks Dams & c in said Meadows & " which was 
read the first time and ordered a second Reading. 

The House Continued till tomorrow 



Wednesday August 26 th The House met 

Present 

Peter Kemble Esq. Richard Stockton Esq. 

David Ogden Esq. Stephen Skinner Esq. 

The Earl of Stirling Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

James Parker Esq. 

M r Skinner reported that he had obeyed the Order of the 
House of yesterday 

The Engrossed Address to his Excellency in Answer to 
his speech at the Opening of this Session being read and 
compared 

Ordered that the Speaker do sign the same 

His Excellency came into the Council Chamber and having 



304 NEW JERSEY COLONIAL DOCUMENTS. [1772 

by the Deputy Secretary commanded the Attendance of the 
House of Assembly, the Speaker with the House attended. 

His Excellency having signified to the Council that he was 
ready to receive their Address, the House waited upon His 
Excellency and by their Speaker delivered their address in 
the following words. 

To His Excellency William Franklin Esq r Captain General 
Governor and Commander in Chief in and over the Province 
of New Jersey and Territories thereon depending in America, 
Chancellor and Vice Admiral in the same & oa 

The Humble Address of His Majesty's Council for the 
said Province. 

May it Please your Excellency 

We sincerely thank your Excellency for your Speech at the 
Opening of this Session 

The Addition which, by His Majesty's gracious Allowance 
has lately been made to the number of Representatives of the 
People of this Province, is another signal Instance of his 
Paternal Attention to their welfare. A full and equal 
Representation of all the different parts of the Province must, 
on the best Constitutional Principles, be esteemed a most 
valuable Priviledge ; and its being so readily granted on the 
first Representation of the Situation of our three new Counties 
sufficiently Evinces our most gracious Sovereign's desire that 
his American Subjects may enjoy the Benefits of that best 
of Constitutions. Many Schemes of publick Utility have 
been too long, and too much neglected, it is our most ardent 
Wish to see every part of the Colony united in promoting 
its general Interest, and We hope this Event may be a means 
of effecting it. 

Wherever so fatal a Sentiment, as that which your Excel- 
lency mentions generally prevails, it will be impossible to do 
anything for the publick good : it is on the Contrary a most 
certain Truth that whatever Measures promote the Advantage 
of any parts of the Province will ultimately benefit the whole. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 305 

A due attention to this truth is the Foundation of publick 
Spirit and all real Patriotism, and would soon shew forth the 
natural Advantages with which this Province is eminently 
blessed. It's Trade would Flourish, the Roads on which the 
Improvement of the Country greatly depends would be in 
thorough Repair ; substantial Bridges and all the Necessary 
publick Buildings would rise up without any Mans feeling 
Cause to Complain of the Expence, the happy People would 
increase in numbers and in Riches. 

Your Excellency may be assured that Nothing will give 
us more real and satisfactory Pleasure than to concur in any 
Measures which will promote the true Interest of this Colony, 
and that We will use every means in our Power to promote 
that Harmony and good Understanding which your Excel- 
lency has so wisely and properly recommended in your Speech*. 

Council Chamber By Order of the House 

August 26 th 1772 PETER KEMBLE Speaker 

To which his Excellency was pleased to return the follow- 
ing Answer. 

Gentlemen, 

I return you my very sincere Thanks for this obliging 
Address. 

The grateful Sense you Express of His Majesty's Allow- 
ance of Members to the three new Counties, and the disposi- 
tion you manifest for promoting the true Interest of the 
Colony, cannot but be highly acceptable to His Majesty as 
well as particularly agreeable to Me. I am fully convinced, 
Gentlemen, that if the extention of our Commerce and the 
general Improvement of the Country, had depended on your 
Resolution, it would have been long since unnecessary for a 
Governor to have recommended Matters of that kind to the 
Legislature. 

After which the House of Assembly by their Speaker pre- 
sented their address to his Excellency in the following words. 

20 



306 NEW JEESEY COLONIAL DOCUMENTS. [1772 

To His Excellency William Franklin Esq. Captain Gen- 
eral and Governor in Chief in and over the Colony of New 
Jersey and Territories thereon depending in America, Chan- 
cellor, and Vice Admiral in the same. 

The humble Address of the Representatives of the said 
Colony in general Assembly met. 

May it please your Excellency 

We His Majesty's Dutiful and Loyal Subjects the Repre- 
sentatives of the Colony of New Jersey in general Assembly 
convened, truly sensible of the Advantages resulting to the 
good People of the Colony by His Majesty's gracious allow- 
ance of the Act for enlarging the number of Representatives, 
receive your Excellency's Congratulations with great Pleasure, 
and rejoice at this fresh Instance of the Kings Paternal 
Regard to us. 

Whenever any Schemes are recommended to the House, the 
Utility of which appears more than Adequate to the Charge 
of an Experiment and such as the Ability of the Colony will 
admit of We hope your Excellency will find the present 
Assembly ever ready to consult the true Interest of the 
Colony, and to exert themselves in promoting every Salutary 
Measure. 

Fully determined to consider the general welfare of the 
Colony without injurious attachments to any part, the fatal 
Sentiment, which your Excellency is pleased to say hath too 
much prevailed in the Province, We think will find no place 
in our House, and We flatter ourselves that our future Con- 
duct will evince our Inclinations, to be Correspondent with 
our present profession. 

As the Act mentioned by your Excellency to have passed 
the legislature for the raising a Bounty on Flax, Hemp, and 
Mulberry Trees, as far as it regards the two first, which We 
conceive to be the most Material Objects of our Notice and 
Encouragement, will not expire untill the End of the Session 
of Assembly to be held after October next. We think it 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 307 

unnecessary at this time to bestow our Attention on it, but 
must leave it to the Care of a future Session, and as the 
Bounty on the last hath been never applied for, We appre- 
hend no Detriment will likely ensue to the Colony, by post- 
poning it at least for the present. Whether the Province is 
in such a Situation as to enlarge the number of our Bounties, 
We have not formed an Opinion, but will take the same into 
our Deliberation. 

When We Consider the small extent of the Colony, that 
we are behind all others in Trade, and so deficient in the 
principal Source from whence Opulence is derived ; When we 
consider that almost every officer here is dependant on the 
Will and Pleasure of the Crown (tho ? the goodness and regard 
we have experienced from our most gracious Sovereign induces 
us to hope, that such Power will not be exerted to the dis- 
advantage of the Colony,) We cannot agree with your 
Excellency, that the Salaries of the Officers of this Govern- 
ment, are greatly inadequate to the Purposes for which they 
were given, some we imagine equal to the Dignity of the 
Station, and others proportionate to the Interest we have in 
them. 

Warmly attached to the August Monarch who presides 
over us by affection, as well as principle, conscious of the 
Excellency of the Constitution under which We in part enjoy 
the liberty and priviledges of British Subjects, and earnestly 
Solicitous to preserve all, unaffected and unprejudiced We 
trust your Excellency will find us not only chearfully dis- 
posed to shew our Gratitude and loyalty to the one, but also 
fully determined to pay a proper Attention and carefully to 
maintain ourselves in the other. We heartily rejoice to find 
your Excellency possessed of the Importance of the Harmony 
you so kindly wish, and as we are fully resolved to take 
every method to cultivate a good understanding between the 
several Branches of the legislature, so we hope we shall find 
each ready to concur with us in the Adoption of every 
Salutary Measure to preserve what appears so necessary to 



308 NEW JEKSEY COLONIAL DOCUMENTS. [1772 

the welfare of the People we represent, and at the same time 
that we sincerely thank your Excellency for the Assurance 
that We shall find you ready to exert yourself to the utmost 
in whatever may promote the true Interest of the Colony, 
we do assure you that you will always find us disposed to 
support the Government with Honour, whilst the methods 
naturally to be expected from that inclination are continued 
to obtain the Regard and Affection of the People. 
House of Assembly \ By Order of the House 
August 26. 1772 / CORTL* SKINNER Speaker 

Sundry of the Members being of the people called Quakers 
agreed to the Substance with the usual exception to the Stile. 

To which His Excellency was pleased to return the follow- 
ing Answer. 

Gentlemen, 

I am glad lo find you so truly sensible of His Majesty's 
goodness in allowing an Additional Number of Representa- 
tives. 

If any of the Schemes which I have recommended to your 
House are either not adequate to the Charge of an Experi- 
ment, or beyond the Ability of the Colony, you are certainly 
right in rejecting them. I did flatter myself, indeed that the 
Encouragement of Trade, the making of Roads, the Erecting 
of Bridges and suitable publick Buildings, and the granting 
Bounties to promote the raising of sundry valuable Kinds of 
Produce would at least be deemed " Salutary Measures " worthy 
of a Trial, and within our Power. The only Motive I could 
have in recommending these Matters to your Attention was 
the publick Good ; and if it is not agreeable to you to Adopt 
all or any of them, I have only to say that I am ready to 
co-operate with you in promoting any others which may be 
thought more likely to answer that desireable purpose. All 
I wish is to have the Province roused, by some means or 
other, from that Lethargic Stupor which has hitherto benumed 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 309 

its best Faculties, and prevented it from improving those 
Advantages which it has received from God and Nature. 

As you acknowledge you are " behind all others in Trade, 
" and that Trade is the principal Source from whence Oppu- 
" lence is derived " I shall hope that you will pay due Atten- 
tion to that object. 

This Colony is by no means so much Inferior to the 
adjacent Provinces, either in Extent or Oppulence, as is the 
support allowed to the publick Officers of Government, and 
they hold their Offices by the same or the like Tenor in this 
Province as they do in the others : Your Suggestion therefore 
that the " Salaries are not inadequate, and that you imagine 
" some of them equal to the Dignity of the Station, and 
" others proportionate to the Interest you have in them," 
needs no Comment It is a notorious Fact that none of them 
are proportionate to the Ability of the Province, and that 
most of them are so extremely low that they would be thought 
a Disgrace to any other Colony on the Continent. However 
when I mentioned this Subject to you in my Speech, it was 
not so much with an Expectation of your deviating from the 
Example of your Predecessors in the Assembly, as to guard 
against any Reflections that might hereafter be cast on me 
for not having duly apprised you of the ill Consequences 
which would probably ensue from a Continuance of the like 
Conduct. 

Your professions of attachment to His Majesty, and your 
Resolution to Cultivate a good Understanding between the 
Several Branches of the legislature are very commendable. 
And as I am convinced that neither my Inclinations nor 
Endeavours to deserve and " obtain the Regard and Affection 
of the People " will ever be wanting, so I shall rely with 
Confidence on your kind Assurances that I shall always find 
you disposed to Support the Government with Honour. 

Council Chamber 1 
August 26. 1772 J 

The House continued till tomorrow 



310 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Thursday August 27 th The House met. 

Present 

Peter Kemble Esq. Richard Stockton Esq. 

David Ogden Esq. Stephen Skinner Esq. 

The Earl of Stirling Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

James Parker Esq. 

The Bill intituled "A Supplementary Act to An Act 
intituled An Act to Enable the Owners and Possessors of the 
Meadows and Swamps lying on a Small Branch of Alloways 
Creek in the County of Salem to keep up and maintain the 
Dams <fe c " was read the second time and ordered a third 
reading. 

The House continued till to morrow 



Friday August 28 th The House met 

Present 

Peter Kemble Esq. Richard Stockton Esq. 

David Ogden Esq. Stephen Skinner Esq. 

The Earl of Stirling Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

James Parker Esq. 

M r Paxson and M r Gibbon from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to prohibit the Importation of Persons into this 
" Colony who have been Convicted of Crimes & which was 
read the first time and ordered a second reading. 

M r Tucker and M r Garrison from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to prevent the Exportation of unmerchantable flour 
to Foreign Markets" which was read the first time and 
ordered a second reading. 



1772] JOURNAL, OF THE PROVINCIAL COUNCIL. 311 

M r Kinsey and M r Sykes from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Owners of Meadows on Assiscunk 
Creek to Erect and maintain a Bank Dam " & which was 
read the first time and ordered a second reading. 

The House continued till tomorrow 



Saturday August 29 th The House met 

Present 

Peter Kemble Esq r Richard Stockton Esq. 

David Ogden Esq. Stephen Skinner Esq 

The Earl of Stirling Daniel Coxe Esq. 
John Stevens Esq. John Lawrence Esq. 

James Parker Esq. 

M r Tucker and M r Roy from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Naturalize John George Felthauzen " which was 
read the first time and ordered a Second reading. 

The House continued till Monday 



Monday August 31 st The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Fisher and M r Paxson from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to enable the Owners of the Meadows Swamps and 
low lands on the Rivers Pasaick and Dead River, to clear 
the same and remove every obstruction to the free Passage of 



312 NEW JERSEY COLONIAL DOCUMENTS. [1772 

the Waters from the Saw Mill formerly belonging to Samuel 
Woodruff 'Esq. deceased up the stream of the said River 
Pasaick to the Mill known by the name of Boyle's Mill, 
and up said Dead River to the Bridge commonly called and 
known by the name of Grant's Bridge." A Bill intituled 
"An Act to Suppress Fairs in the City of Burlington." A 
Bill intituled a Supplementary Act to An Act intituled An 
Act to regulate the Fishery within that part of the Eastern 
Division of this Colony from the Mouth of Rariton River 
Northward." And a Bill intituled "An Act to enable Sundry 
of the Owners and Possessors of Meadows and Tide Marsh 
lying on English's Creek in the County of Burlington, to 
Erect and maintain a Bank Dam and other Water Works 
across the said Creek in order to prevent Tide from overflow- 
ing the same, and to keep the former Water Course of said 
Creek open and clear, and to make the said Dam when 
Erected a publick landing." 

Which said Bills were severally read the first time and 
ordered a Second reading. 

The House continued till tomorrow 



Tuesday September I 8fc The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

The Bill intituled "An Act to naturalize John George 
Felthauzen " was read the second time and ordered a third 
reading. 

The Bill intituled "An Act to Enable the Owners of the 
Meadows Swamps and low lands on the Rivers Pasaick and 
Dead River to clear the same and remove every obstruction 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 313 

to the free Passage of the Waters " & was read the second 
time and Committed to the Members of the Council or any 
three of them. 

The Bill intituled "An Act to Suppress Fairs in the City 
of Burlington " was read the second time and committed to 
the Members of the Council or any three of them. 

The Bill intituled "An Act to prevent the Exportation of 
unmerchantable Flour to Foreign Markets" was read the 
second time and Committed to the Members of the Council 
or any three of them. 

The Bill intituled "a Supplementary Act to An Act 
intituled An Act to regulate the Fishery in that part of the 
Eastern Division of this Colony from the Mouth of Rariton 
River Northward " was read the second time and ordered a 
third reading. 

The Bill intituled An Act to Enable Sundry of the Owners 
and Possessors of Meadows and Tide Marsh lying on English's 
Creek in the County of Burlington to Erect and Maintain a 
Bank Dam " &c, was read the second time and ordered a 
third reading. 

The Bill intituled "An Act to prohibit the Importation of 
Convicts " &c, was read the second time and committed to 
the Members of the Council or any three of them. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of Meadows and Tide Marsh lying on Assisconk 
Creek within the Limits of the City of Burlington to Erect 
and maintain a Bank " &c, was read the second time and 
committed to the Members of the Council or any three of 
them. 

The House continued till tomorrow 



314 NEW JERSEY COLONIAL DOCUMENTS. [1772 



Wednesday September 2 d The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

The House continued till tomorrow 



Thursday September 3 d The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

The House continued till tomorrow 



Friday September 4 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

The Bill intituled "An Act to Naturalize John George 
Felthauzen " was read the third time, and 
On the Question 

Resolved that the said Bill do pass 
Ordered, that the Speaker do sign the Same 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 315 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

The Bill intituled a "Supplementary Act to An Act 
intituled An Act to regulate the Fishery within that part of 
the Eastern Division of this Colony from the Mouth of 
Rariton River Northward " was read the third time, and on 
the Question, whether the same do pass or not ? it passed in 
the Negative. 

Ordered that the said Bill do lie on the Table. 

The Bill intituled "An Act to Enable Sundry of the 
Owners and Possessors of Meadows and Tide Marsh lying 
on English's Creek in the County of Burlington to Erect 
and maintain a Bank Dam and other Water Works &c, was 
read the third time, and 

On the Question 

Resolved that the same do pass 

Ordered that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

M r Stockton from the Committee to whom was referred 
the Bill intituled " An Act to Suppress Fairs in the City of 
Burlington " reported that the said Committee had gone 
through the said Bill and made Several Amendments therein 
and also an Amendm* to the Title of the said Bill, which 
he was ready to report when the House would be Pleased to 
receive the same. 

Ordered that the said Report be made immediately 

Whereupon M r Stockton read the said Amendments in his 
Place and delivered them in at the Table. and the same 
being read a second time were approved of by the House. 

The Bill intituled " An Act to Suppress Fairs in the City 
of Burlington" was read the third time with the Amend- 
ments in their Places, and 

On the Question 

Resolved that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 



316 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Ordered that M r Lawrence do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments. 

M r Lawrence reported that he had obeyed the foregoing 
Orders of the House 

M r Coxe with leave of the House brought in a Bill 
intituled "An Act to preserve the Right of private Fishing 
to those owning and possessing Lands lying and bordering 
upon the Several Rivers Creeks and Bays within this 
Colony " which was read the first time and ordered a second 
reading. 

The House Continued till tomorrow 



Saturday September 5 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Ford and M r Gibbons from the House of Assembly 
brought back the Bill intituled f( An Act to prevent the 
holding of Fairs in the Province of New Jersey" re- 
ingrossed with the Amendments of this House. 

Which re-ingrossed Bill being read and compared 

Ordered that the Speaker do sign the same 

M r Stevens from the Committee to whom was referred the 
Bill intituled "An Act to prohibit the Importation of 
Persons into this Colony from the Neighbouring Govern- 
ments who have been Convicted of Felony" reported that 
the said Committee had gone through the said Bill and 
made sundry Amendments therein, and also one Amendment 
to the Title which he was ready to report when the House 
would be Pleased to receive the same. 



1772] JOURNAL, OF THE PROVINCIAL COUNCIL. 317 

Ordered that the said Report be made immediately 

Whereupon M r Stevens read the said Amendments in his 
place and delivered them in at the Table, and the same being 
again read were approved of by the House. 

The Bill intituled " An Act to prohibit the Importation 
of Persons into this Colony from the Neighbouring Govern- 
ments who have been Convicted of Felony" was read the 
third time, with the Amendments in their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Parker do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments 

The House continued till Monday 



Monday September 7 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Kinsey and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the Relief of Richard Stevens with respect to 
the Imprisonment of his Person " which was read the first 
time and ordered a second reading. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to enable the Ownera of the Meadows 
Swamps and low lands on the Rivers Pasaick and Dead River 
to Clear the same " &c, reported that the said Committee had 
gone through the said Bill and made sundry Amendments 



318 NEW JERSEY COLONIAL DOCUMENTS. [1772 

therein, which he was ready to report when the House would 
be pleased to receive the same. 

Ordered that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table. and the same 
being again read were approved of by the House. 

The Bill intituled "An Act to Enable the Owners of the 
Meadows Swamps and Low Lands on the Rivers Passaick 
and Dead River to clear the same and remove every obstruc- 
tion to the free Passage of the Waters from the Saw Mill 
formerly belonging to Samuel Woodruff Esq. deceased up 
the Stream of the said River Passaic to the Mill known by 
the name of Boyle's Mill, and up the said Dead River to the 
Bridge commonly called and known by the name of Grant's 
Bridge " was read the third time with the Amendments in 
their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Parker do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments. 

The Bill intituled "An Act for the Relief of Richard 
Stevens with respect to the Imprisonment of his Person" 
was read the second time and Committed to the Members of 
the Council or any three of them. 

Sundry Petitions from a great Number of Inhabitants in 
divers Counties in this Province praying that a Law may be 
passed to regulate the Practice of Physick were read. 

Whereupon on Motion of Lord Stirling, Ordered that the 
Petitioners have leave to bring in a Bill agreeably to the 
Prayer of the said Petitions. 

M r Parker reported that he had Obeyed the Order of the 
House. 

The House continued till tomorrow 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 319 

Tuesday September 8 th The House met. 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner, Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Stevens from the Committee appointed to meet a Com- 
mittee of the House of Assembly to settle the Accounts of 
the Eastern Treasurer and burn the Cancelled Money in his 
Hands, reported that the said Committees had met according 
to Appointment, and Stated and settled the said Treasurers 
Accounts, and burned the Cancelled Money in his Hands, 
which Accounts he was ready to report when the House 
would be pleased to receive the same. 

Ordered that the said Report be made immediately. 

Whereupon M r Stevens read the -said Accounts in his Place 
and delivered them in at the Table, and the same being again 
read 

Resolved, that the House do approve thereof 

Ordered, that the said Accounts be inserted at Length in 
the Journals of the House 



320 NEW JERSEY COLONIAL DOCUMENTS. [1772 

D r Stephen Skinner his Ace* Current w th the Province C r 
of N. Jersey 

To Ballance of Ace* By the Amo't of 
settled by the Com- Sundry Vouch- 

mittees Octo r 22^1770 ers on Ace* of 

including the sum of Support of Gov- 

6570 ,,9 ,,4 Stolen eminent and 

from the Treasury War Fund 3848 ,,19 ,,5 

the 21* July 1768.... 10072,, 9 lOf Ballance due to 

mo the Province.... 6711 18 8f 

Decemrl4thTo 
Cash reced of 
Jno Arrison 
by the Hands 
of Cortland 
Skinner 49,, 7,,0 

1772 Jan? 8 th 

To Cash reced 

of Jno Arrison 

by the hands 

of Cortd Skin- 
ner *.... 60,, 0,,0 

To Cash reced 

of Jno Stevens 

on Acct of the 

Rations for 

the Provin- 
cials 219,, 1,,3 

To Cash reced 

of Gabriel Og- 

den in part of 

John Ogdens 

Debt 160,, 0,,0 

488,, 8,, 3 



10560 ,,18,, If 10560 ,,18,, If 



N B. The Treasurer besides the above Ballance has in his 
Hands Bonds and Mortgages to the Amount of 4359 14 
11 f \v ch w th the Interest due thereon are outstanding Debts 
on Acc gt of the Parliamentary Donation. 
Perth Amboy September 7 th 1772 

By Order of the Committees 

JK STEVENS 
FISHER 



1772] JOURNAL OP THE 


PROVINCIAL COUNCIL. 


321 


D r Stephen Skinner on 


Account Sinking Fund 


C r 


1770 Octo* 22* 


By Current Bills of 




To Ballance of Ace* 


Credit cancelled 




settled this day.. 3644 16 


,11 by the Justices 




To Cash reced 


& Freeholders of 




of the County 


Middlesex as by 




of Middx defi- 
ciency of 1769.. 419,, 5,, 7 
To do reced of 


their Certificate 
in May 1769 and 




Monmouth 


burned by the 




deficiency 


Committees 4361,, 


13,, a 


1769 297 ,,10 ,,4 
716 ,,15 


n By Current Bills 




To the sinking Fund 


of Credit cancel- 




Tax directed to be 


led by the Jus- 




raised for the year 


tices & Free- 




1770, Viz* 


holders as by 




Bergen 830, 10 ,,0 


their Certifi- 




Essex 928, 14 ,,0 


cate in 1772 in 




Middlesex i090, 8,,0 
Monmouth 1336 , 8 
Somerset 1130, 2,,0 


part of the Tax 
for 1770 and 




Morris 904, 5,,0 


burned by the 




60 7 


A y*N rt A*m 




To Sinking Fund Tax 
directed to be raised 


* Committees 3479,, 
By sundry defici- 
encies of Taxes 


3,, 6 


for the year 1771, viz* 
Bergen 880, 10 ,,0 


not paid in, viz* 






Somerset ..78 ,,13 ,,5 




Essex 928, 14, ,0 






Middlesex 1090, 8,,0 
Monmouth 1336, 8,,0 


Middlesex 654,, 16 ,,0 
Monmouth 243,, 17 8 
997 


7 it 1 


Somerset 1130, 2,,0 


Ballance 7984, 


* * 
3 3 


Morris 904, 5,,0 




*/ tr 


6220,, 7 


o 





16802,, 6,, 10 



Errors Excepted August 29 th 1772 

By Order of the Committees 

JN STEVENS 
HEND* FISHER 



M r Tucker and M r Sheppard from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the Belief of Benjamin Ayars now in the Gaol 

21 



322 NEW JERSEY COLONIAL DOCUMENTS. [1772 

of the County of Cumberland" which was read the first 
time and ordered a second reading. 

M r Hewlings and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to prevent abuse in Packing of Beef and Pork and 
ascertaining the Size of Casks and Quantity that shall be put 
into each Barrell," which was read the first time and ordered 
a second reading. 

M r Skinner from the Committee to whom was referred the 
Bill intituled -"An Act to prevent the Exportation of un- 
" merchantable Flour to Foreign Markets," reported that the 
said Committee had gone through the same and made sundry 
Amendments thereto which he was ready to report when the 
House would be pleased to receive the same. 

Ordered that the Said Report be made immediately 

Whereupon M r Skinner read the said Amendments in his 
Place and delivered them in at the Table. 

The said Amendments being again read were approved of 
by the House 

The Bill intituled "An Act to prevent the exportation of 
unmerchantable Flour to Foreign Markets" was read the 
third time with the Amendments in their places and, 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendments 

Ordered that M r Stockton do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence in the said Amendments 

M r Lawrence from the Committee to whom was referred 
the Bill intituled "An Act to Enable the Owners and 
Possessors of the Meadows and Tide Marsh lying in Assis- 
conk Creek " &c. reported that the said Committees had gone 
thro' the said Bill and made sundry Amendments thereto 
which he was ready to report when the House would be 
Pleased to receive the same. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 323 

Ordered, that the said Report be made immediately 

Whereupon M r Lawrence read the said Amendments in 
his Place and delivered them in at the Table. 

The said Amendments being again read were approved of 
by the House. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of Meadows and Tide Marsh lying on Assisconk 
Creek " A * was read the third time with the Amendments in 
their places, and 

On the Question 

Resolved that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments 

Ordered, that M r Stockton do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence in the said Amendments. 

The Bill intituled "An Act for the Relief of Benjamin 
Ayars " &c, was read the second time and ordered a third 
reading. 

The Bill intituled "An Act to prevent Abuses in the 
Packing of Beef and Pork " & was read the second time 
and Committed to the Members of the Council or any three 
of them. 

M r Read from the Committee to whom was referred the 
Bill intituled "An Act for the Relief of Richard Stevens" 
& c reported that the said Committee had gone through the 
same and that he was ready to Report the said Bill when the 
House would be pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Read reported the said Bill without any 
Amendment. 

The Bill intituled "An Act Tor the Relief of Richard 
Stevens with respect to the Imprisonment of his Person" 
was read the third time, and 

On the Question, 

Resolved, that the Same do pass 



324 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

M r Skinner from the Committee to whom was referred the 
Bill intituled a " Supplementary Act to An Act intituled An 
Act to Enable the Owners and Possessors of the Meadows 
and Swamps lying on a Small Branch of Alloways Creek " 
&c, reported that the said Committee had gone thro the same 
which he was ready to report when the House would be 
pleased to receive the same. 

Ordered, that the said Keport be made immediately 

Whereupon M r Skinner reported the said Bill without any 
Amendments. 

The Bill intituled " a Supplementary Act to An Act inti- 
tuled "An Act to Enable the Owners and Possessors of the 
Meadows and Swamps lying on a Small Branch of Alloways 
Creek " &c, was read the third time, and 

On the Question 

Resolved that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered. That M r Stockton do acquaint the House of 
Assembly therewith 

The Bill intituled An Act to preserve the Right of private 
Fishing" &c. was read the Second time and committed to 
the Members of the Council or any three of them. 

The House continued till to morrow 



Wednesday September 9 th The House met. 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 325 

M r Kinsey and M r Holmes from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to take the Examination of a departing Witness." 
Also a Bill intituled "An Act for making Process in Courts 
of Equity more effectual against Mortgagors" & c Which 
Bills were severally read the first time and ordered a second 
reading. 

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

Lord Stirling with leave of the House brought in a Bill 
intituled "An Act to regulate the Practice of Physic and Sur- 
gery within the Colony of New Jersey " Which was read the 
first time and ordered a second reading. 

M r Ford and M r Roy from the House of Assembly brought 
back the Bill intituled "An Act to Enable the Proprietors and 
Possessors of the Meadows Swamps and low lands in the 
Rivers Pasaick and Dead River to clear the same " &c. re- 
ingrossed with the Amendm* 8 of this House. Which re- 
ingrossed Bill being read and compared 

Ordered, that the Speaker do sign the same 

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

" The Bill intituled "An Act to prevent the Exportation 
of unmerchantable Flour to Foreign Markets " was read with 
the Council's Amendments in their Places." 

" Ordered that M r Mehelm and M r Taylor do carry back 
''the said Bill to the Council and inform them that the 
" House agrees to all the Amendments made by the Council, 
" except the Amendment in the 14 th line of the 4 th Section as 
41 to which the House disagrees, and therein adheres to the 
" Bill." Which being Considered by this House 

On the Question 

Resolved that the House do recede from the Amendment 
above excepted to by the House of Assembly. 

Ordered that M r Judge Read do carry the said Bill to the 
House of Assembly and acquaint them therewith. 



326 NEW JERSEY COLONIAL DOCUMENTS. [1772 

M r Read informed the House he had Obeyed the above 
Order. 

The Bill intituled "An Act for taking the Examination of 
" a departing Witness " was read the Second time and com- 
mitted to the Members of the Council or any three of them. 

M r Stockton from the Committee to whom was referred 
the Bill intituled "An Act to preserve the right of private 
Fishing to those owning and possessing Lands lying and 
being upon the Several Rivers Creeks and Bays within this 
Colony " reported that the said Committee had gone through 
the same and made sundry Amendments thereto which he 
was ready to Report when the House would be Pleased to 
receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Stockton read the said Amendments in his 
Place and delivered them in at the Table. 

The said Amendments being again read were approved of by 
the House. 

The Bill intituled "An Act to preserve the right of private 
Fishing to those owning and possessing Lands lying and 
being upon the Several Rivers Creeks and Bays within this 
Colony " being read the third time with the Amendments in 
their Places. 

Ordered, that the said Bill as Amended be Engrossed. 

M r Hinchman and M r Sykes from the House of Assembly 
brought up to this House the Bill intituled "An Act to pro- 
hibit the Importation of Persons into this Colony from any 
of the Neighbouring Governments who have been Convicted 1 
of Felony " re-ingrossed with the Amendments made thereto 
by this House. 

Which re-ingrossed Bill being read and compared. 

Ordered that the Speaker do sign the Same. 

The Bill intituled "An Act to take the Examination of a 
departing Witness " was read the Second time and committed 
to the Members of the Council or any three of them. 

The Bill intituled "An Act to regulate the Practice of 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 327 

Physick and Surgery " was read the Second time and com- 
mitted to the Members of the Council or any three of them. 

The Bill intituled "An Act for making Process in Courts 
of Equity effectual against Mortgagors who abscond" & 
was read the Second time and committed to the Members of 
the Council or any three of them. 

The House continued till tomorrow 



Thursday September 10 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. John Lawrence Esq. 

M r Kinsey and M r Pettit from the House of Assembly 
brought up the Bill re-ingrossed with the Amendments of 
this House intituled "An Act to Enable the Owners and 
Possessors of Meadows and Tide Marsh lying on Assisconk 
Creek within the limits of the City of Burlington to Erect 
& maintain a Bank Dam &c." signed by the Speaker of the 
House of Assembly. Which re-engrossed Bill being read 
and compared 

Ordered, that the Speaker do Sign the same 

M r Lawrence had leave of Absense 

The House continued till tomorrow 

Friday (September 11 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 



328 NEW JERSEY COLONIAL DOCUMENTS. [1772 

M r Price and M r Hand from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 
Act for returning able and sufficient Jurors and for the better 
Regulation of Juries," which was read the first time and 
ordered a Second reading. 

M r Fisher and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for raising the Sum of four hundred and fifty 
Pounds on the Inhabitants of Middlesex and Somerset for 
compleating the Bridge over Rariton at the Landing " And 
the Bill intituled "A Supplementary Act to An Act intituled 
An Act to Impower certain Persons therein named to raise a 
sum of Money by Subscription or Taxation to rebuild and 
keep in repair the Bridge over Rariton called Queens Bridge." 
Which Bills were read the first time and severally ordered a 
Second reading. 

M r Lawrence and M r Winds from the House of Assembly 
brought up to this House the Bill intituled "An Act to pre- 
vent the Exportation of unmerchantable Flour to Foreign 
Markets " reingrossed with the Amendments agreed upon by 
both Houses, which re-ingrossed Bill being read and com- 
pared 

Ordered, that the Speaker do sign the same. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act to take the Examination of a depart- 
ing Witness" reported that the said Committee had gone 
through the said Bill and made sundry Amendments thereto, 
and an Amendment to the Title thereof which he was ready 
to report when the House would be Pleased to receive the 
same. 

Ordered, that the said Report be made immediately 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

The Said Amendments being again read were approved of 
by the House. 

The Bill intituled "An Act to take the Examination of a 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 329 

departing Witness " was read the third time with the Amend- 
ments in their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Coxe do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
in the said Amendments. 

The re-ingrossed Bill intituled "An Act to preserve the 
right of private Fishing to those owning and possessing Lands 
lying and being on the several Creeks & Bays within this 
Colony " having been read and Compared. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do carry the said Bill to the House 
of Assembly and desire their Concurrence in the same. 

M r Coxe reported that he had obeyed the foregoing Orders. 

The Governor having signified to this House by the 
Deputy Secretary that he cannot give his Assent to a Bill 
which he is informed has passed the other two Branches of 
the Legislature intituled "An Act to prevent the holding of 
Fairs in the Province of New Jersey" M r Stockton with 
leave of the House brought in a Bill intituled "An Act to 
prevent the holding of Fairs in the City of Burlington, 
Princeton and Township of Windsor," which was read the 
first time and ordered a second reading. 

The House continued till tomorrow 



Saturday September 12 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. .Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 



330 NEW JERSEY COLONIAL DOCUMENTS. [1772 

A Message from the House of Assembly by M r Kinsey 
and M r Gibbon in the Words following : 

" Ordered that M r Kinsey and M r Gibbon do carry to the 
" Council the Bill intituled "An Act to take the Examina- 
tion of a departing Witness" and inform them that this 
" House disagrees to the Amendments made thereto by the 
" Council and adhere to the Bill." 

The House having taken the said Message into Consideration. 

Ordered, that the said Bill do lie on the Table 

The Bill intituled "An Act for returning able and sufficient 
Jurors, and for the better regulation of Juries " was read the 
second time and ordered a third reading. 

The Bill intituled "An Act for raising the Sum of four 
hundred and fifty Pounds proclamation on the Inhabitants of 
the Counties of Middlesex and Somerset &c." was read the 
second time and ordered a third reading. 

The Bill intituled a " Supplementary Act to An Act in- 
tituled An Act to impower certain Persons therein named to 
raise a sum of Money by Subscription or by Taxation to 
rebuild and keep in repair the Bridge over Eariton River 
near Bound Brook " &c was read the second time and com- 
mitted to the Members of this House or any three of them. 

The Bill intituled "An Act to prevent the holding of 
Fairs in the City of Burlington, Princeton, and Township of 
Windsor was read the Second time and ordered a third reading 

M r Fisher and M r Ford from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act to Enable all persons who are his Majesty's Liege 
Subjects either by Birth or Naturalization to inherit and hold 
Real Estates notwithstanding any defect of Purchases made 
before naturalization within this Colony," And a Bill intituled 
"An Act for the better preservation of Deer in the Township 
of Morris," Which Bills were severally read the first time 
and ordered a second reading. 

The House continued till Monday 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 331 



Monday September 14 th The House met. 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Kead Esq. Daniel Coxe Esq. 

John Stevens Esq. 

The House continued till tomorrow 



Tuesday September 15 th The House met 

David Ogden Esq. James Parker Esq. 

' The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 
John Stevens Esq. 

The Bill intituled "An Act for the Relief of Benjamin 
Ayars now a Prisoner in the Gaol of the County of Cumber- 
land " was read the third time, and 

On the Question 

Resolved that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do acquaint the House of As- 
sembly therewith. 

The Bill intituled "An Act to prevent the holding of 
Fairs in the City of Burlington, Princeton, and Township of 
Windsor " was read the third time and ordered to be engrossed. 

M r Dey and M r Garretse from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable certain Persons to Erect and Draw a 
Lottery for raising One thousand and fifty Pounds to be 
applied for the Purposes therein mentioned," Which was 
read the first time and Ordered a second reading. 

The Bill intituled "An Act to Enable all Persons who are 
his Majesty's Liege Subjects either by Birth or Naturaliza- 



332 NEW JERSEY COLONIAL DOCUMENTS. [1772 

tion to inherit and hold real Estates " &c was read the second 
time and ordered a third reading. 

The Bill intituled "An Act for the Preservation of Deer 
in the Township of Morris " was read the second time and 
ordered a third reading. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to prevent Abuses in the Packing of 
Beef and Pork" &c reported that the said Committee had 
gone through the said Bill and made sundry Amendments 
thereto and an Amendment to the Title thereof, which he 
was ready to report when the House would be pleased to 
receive the same 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table, and the same being 
again read were approved of by the House. 

The Bill intituled "An Act to prevent Abuses in the Pack- 
ing of Beef and Pork and ascertaining the Size of Casks and 
Quantity that shall be put in each Barrell " was read the 
third time with the Amendments in their places, and 

On the Question 

Resolved that the said Bill as Amended do pass. 

Ordered that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Parker do carry the said Bill and 
Amendments to the House of Assembly and desire their Con- 
currence in the said Amendments. 

The Bill intituled An Act for raising the sum of four 
hundred and fifty Pounds proclamation money on the In- 
habitants of the Counties of Somerset and Middlesex to be 
applied to the Compleating a Bridge over Rariton River at 
the Landing " was read the third time, and 

On the Question 

Resolved that the said Bill do pass. 

Ordered, that the Speaker do Sign the same. 

Ordered that M r Skinner do acquaint the House of Assem- 
bly therewith 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 333 

The engrossed Bill intituled "An Act to prevent the hold- 
ing of Fairs in the City of Burlington. Princeton, and 
Township of Windsor " was read and compared, and On the 
Question 

Resolved that the same do pass. 

Ordered, that the Speaker do sign the same. 

Ordered that M r Parker do carry the said Bill to the 
House of Assembly for their Concurrence 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled an Act to Impower certain Persons therein named to 
raise a sum of money by Subscription or by Taxation to 
rebuild and keep in Repair the Bridge over Rariton River 
near Bound Brook Known by the name of Queens Bridge " 
was read the third time, and 

On the Question, Resolved & 

Ordered, that the Speaker do sign the same 

Ordered that M r Skinner do acquaint the House of Assem- 
bly therewith. 

The Bill intituled "An Act to regulate the Practice of 
Physick and Surgery" &c a was read the third time and 
ordered to be engrossed 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act for returning able and Sufficient 
Jurors and for the better regulation of Juries " reported that 
the Committee had gone thro' the said Bill which he was 
ready to Report when the House would be Pleased to receive 
the same 

Ordered that the said Report be made immediately. 

Whereupon M r Parker reported the said Bill without any 
Amendment. 

The Bill intituled "An Act for returning able and sufficient 
Jurors and for the better regulation of Juries " was read the 
third time, and on the Question whether the said Bill do pass 
or not ? 

Resolved in the Negative Nem. Con. 

Ordered, that the said Bill do lie on the Table 



334 NEW JERSEY COLONIAL DOCUMENTS. [1772 

M r Fisher, M r Wetherill, M r Crane, M r Kinsey, M r 
Paxson, M r Ford and M r Lawrence from the House of 
Assembly presented for the Concurrence of this House a Bill 
intituled "An Act for the Support of Government &c" 
which was read the first time and ordered a second reading. 

M r Tucker and M r Winds from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to dissolve the Marriage of David Baxter &c." 
which was read the first time and ordered a second reading. 

The House continued till tomorrow 



Wednesday September 16 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 

The Engrossed Bill intituled "An Act to regulate the 
Practice of Physick and Surgery within the Colony of New 
Jersey " was read and compared, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered that Lord Stirling do carry the said Bill to the 
House of Assembly for their Concurrence 

The Bill intituled "An Act to dissolve the -Marriage of 
David Baxter & was read the Second time and committed to 
the Members of this House or any three of them 

Lord Stirling reported that he had obeyed the Order of 
the House. 

The Bill intituled "An Act for the Support of Govern- 
ment & " was read the second time and committed to the 
members of this House or any three of them. 

The Bill intituled "An Act to Enable all Persons who are 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 335 

his Majesty's Leige Subjects either by Birth or Naturaliza- 
tion to inherit and hold Real Estates & ca was read the third 
time, and 

On the Question, 

Resolved that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do acquaint the house of Assembly 
therewith. 

The Bill intituled "An Act to enable certain Persons to 
Erect and draw a Lottery for raising the sum of One thou- 
sand and fifty Pounds &" was read the second time and 
ordered a third reading 

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

The Bill intituled "An Act for the better preservation of 
Deer in the Township of Morris " was read the third time, and 

On the Question 

Resolved that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered that M r Skinner do acquaint the House of Assem- 
bly therewith. 

M r Skinner reported that he had obeyed the Order of the 
House. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to dissolve the marriage of David 
Baxter & c " reported that the said Committee had gone 
through the said Bill and made Sundry Amendm* 8 thereto 
which he was ready to report when the House would be 
Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

"Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table and the same 
being again read were approved of by the House 

The Bill intituled "An Act to dissolve the marriage of 
David Baxter with Margaret his Wife late Margaret Mc- 
Murtrie " was read the third time with the Amendm* in their 
Places, and 



336 NEW JEBSEY COLONIAL DOCUMENTS. [1772 

On the Question 

Kesolved that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Parker do carry the said Bill and Amend- 
ments to the House of Assembly and desire their concurrence 
in the said Amendments 

The House continued till tomorrow 



Thursday September 17 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 

M r Stevens from the Committee to whom was referred the 
Bill intituled "An Act for making Process in Courts of 
Equity effectual against Mortgagors who abscond and cannot 
be served therewith, or who refuse to appear " reported that 
the said Committee had gone through the said Bill and that 
he was ready to report thereon when the House would be 
Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Stevens Reported the said Bill without any 
Amendments. 

The Bill intituled "An Act for making Process in the 
Courts of Equity effectual against Mortgagors who abscond 
& c " was read the third time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stevens do acquaint the House of Assem- 
bly therewith. 

M r Sykes and M r Moores from the House of Assembly 



1772] JOURNAL OF THE PBOVINCIAL COUNCIL. 337 

brought back the Bill intituled "An Act to prevent the 
holding of Fairs in the City of Burlington &c " passed by 
the House of Assembly and signed by their Speaker. 

The Bill intituled "An Act to enable certain Persons to 
Erect and draw a Lottery for raising the sum of One thou- 
sand and fifty pounds to be applied for the purposes therein 
mentioned " was read the third time, and On the Question 

Resolved that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stevens do acquaint the House of Assem- 
bly therewith. 

M r Read from the Committee to whom was referred the 
Bill intituled "An Act for the Support of Government &c " 
reported that the Committee had gone thro' the said Bill and 
was ready to make Report thereon when the House would be 
Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Read reported the said Bill without any 
Amendments. 

The Bill intituled "An Act for the Support of Govern- 
ment &c " was read the third time, and 

On the Question 

Resolved, that the Same do pass 

Ordered, that the Speaker do sign the same 

Ordered that M r Read do acquaint the House of Assembly 
therewith. 

M r Dey and M r Ford from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act for clearing and removing the several obstructions 
of the free Course of the Waters in Passaick River" & cft 
Which was read the first time and ordered a second reading. 

M r Taylor and M r Sheppard from the House of Assembly 
brought up from thence the Bill intituled "An Act to pre- 
vent Abuses in the Packing of Beef and Pork " & and the 
Bill intituled "An Act to dissolve the Marriage of David 

22 



338 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Baxter" & both re-iDgrossed with the Amendments made by 
this House 

M r Read reported that he had obeyed the Order of the 
House. 

The re-ingrossed Bill with the Amendments made by this 
House intituled "An Act to dissolve the Marriage of David 
Baxter with Margaret his Wife late Margaret McMurtrie " 
was read and compared. 

Ordered, that the Speaker do sign the said Bill 

The Bill reingrossed with the Amendments made by this 
House intituled "An Act to prevent Abuses in the Packing 
of Beef and Pork " was read and compared. 

Ordered, that the Speaker do sign the said Bill 

M r Stevens reported that he had obeyed the Order of the 
House 

M r Gibbon and M r Holme from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to enable the Owners and Possessors of a Tract of 
Marsh and Meadow at Elsinborough in the County of Salem 
&" Which was read the first time and ordered a second 
reading. 

M r Moores and M r Vanhorne from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for Inspecting and culling Staves & " and for In- 
specting and Measuring Corn Wheat & c exported from this 
Province beyond Sea," Which was read the first time and 
Ordered a Second reading. 

The Bill intituled "An Act for clearing and removing the 
several Obstructions of the free Course of the Waters in 
Pasaick River & " was read the Second time and committed 
to the Members of the Council or any three of them. 

The Bill intituled "An Act to enable the Owners and Pos- 
sessors of a Tract of Marsh and Meadow at Elsinborough 
in the County of Salem to uphold and maintain a certain Bank 
<fec." was read the Second time and ordered a third reading. 
The House continued till tomorrow. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 339 

Friday September 18 th The House Met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 

A Message from the House of Assembly by M r Kinsey 
^and M r Mehelm in the words following. 

" Ordered, that M r Kinsey and M r Mehelm do carry back 
" to the Council the Bill intituled "An Act to regulate the 
"practice of Physick and Surgery &c." with the Amend- 
" ments made thereto in this House, and desire their Concur- 
41 rence in the said Amendments " 

The Bill intituled "An Act for Inspecting and Culling 
Staves &" was read the second time and committed to the 
Members of this House or any three of them. 

M r Fisher and M r Crane from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for regulating Roads and Bridges " which was read 
the first time and ordered a second reading. 

His Excellency came into the Council Chamber and from 
thence was Pleased to send a Message to the House of Assem- 
bly in the following words. 

A Message to the Assembly. 
Gentlemen 

Having thought it necessary to Consult his Majesty's 
Council on the two requests contained in your Message of 
this Day respecting the Eastern Treasurer, they have advised 
me to recommend it to you to appoint a Committee of your 
House to meet a Committee of the Council in a free Confer- 
rence on the Subject so far as relates to the Mode of prose- 
<yu,ting the Suit requested in your Message; and as I approve 



340 NEW JERSEY COLONIAL DOCUMENTS. [1772 

of the proposal of the Council I accordingly recommend it 
to you to appoint a Committee for the said purpose. 
September 18 th 1772. W m FRANKLIN 

The House continued till tomorrow 



Saturday September 19 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Read Esq. Daniel Coxe Esq. 

John Stevens Esq. 

A Message from the House of Assembly in the words fol- 
lowing : 

"James Hude Eeq. laid before the House a number of 
Bills dated March 1737 found by him among the Papers of 
his Uncle Robert Hude." 

" Ordered, that M r Fisher M r Wetherill, M r Paxson and' 
" M r Price be a Committee to join a Committee of the Council 
" to inspect and count the same and inquire into the Circum- 
" stances thereof and the Uses for which they were printed, 
" and if they find Cause in Conjunction with a Committee of 
" the Council to burn the same and report their proceedings 
" to the House." 

" Ordered, that M r Sheppard and M r Vanhorne do inform 
" the Council thereof and desire them to appoint a Committee 
" for that purpose and desire that they will appoint the time 
" and Place of meeting." 

House of Assembly JON* DEARE Clk 

Sep' 18 th 1772. 

The House having taken the said Message into Considera- 
tion 

Ordered, that M r Read and M r Stevens be a Committee to 



1772] JOURNAL, OF THE PROVINCIAL COUNCIL. 341 

join a Committee of the House of Assembly to Inspect and 
count certain Bills of Credit laid before the House of 
Assembly by James Hude Esq. to inquire into the Circum- 
stances respecting the Uses for which the said Bills were 
.printed and to burn the same if the s d Committees shall think 
it proper, and make report of their Proceedings therein to 
this House. 

, Ordered also that the said Committees do meet at the 
House of M Thorp in Perth Amboy at three o'Clock this 
afternoon, and that M r Stevens do acquaint the House of 
Assembly therewith. 

A Message from the House of Assembly in the words fol- 
lowing 

"Ordered that M r Fisher, M r Wetherill, M r Crane M r 
" Kinsey, M r Price, M r Tucker and M r Mehelm be a Com- 
" mittee to meet a Committee of the Council on the Subject 
" Matter of His Excellency's Message of this Day." 

"Ordered that M r Roy and M r Garritse do wait upon 
" the Council and desire that they will appoint a Committee 
" of the Council to meet the Committee of this House in a 
" free Conferrence on the Subject of his Excellency's Message, 
" and that they will Please to appoint the time and Place of 
"meeting" 

JON* DEARE Clk 

House of Assembly Sep r 18 th 1772. 

The House having taken the said Message into Considera- 
tion. 

Ordered that Lord Stirling, M r Read, M r Stevens and M r 
Coxe or any three of them be a Committee to meet a Com- 
mittee of the House of Assembly in a free Conferrence on 
the Subject of his Excellency's Message of Yesterday rela- 
tive to the Roberry of the Eastern Treasury and that the 
said Committees do meet at the House of William Wright in 
Perth Amboy on Tuesday next at eleven o'Clock. A. M. 



342 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Ordered that M r Stevens do acquaint the House of Assem- 
bly therewith 

The House continued till Monday 



Monday September 21 st The House met. 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Charles Kead Esq. Daniel Coxe Esq. 

John Stevens Esq. 

The House continued till tomorrow 



Tuesday September 22 d The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Eichard Stockton Esq. 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

M r Eead one of the Committee appointed on Saturday last 
to meet a Committee of the House of Assembly in a free 
Conferrence on the Subject of His Excellency's Message 
being indisposed and not able to attend on the said Com- 
mittee, Ordered that M r Stockton be one of the said Com- 
mittee in the Room of M r Kead 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

The House continued till tomorrow. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 343 

Wednesday September 23 d The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Richard Stockton Esq. 

Charles Read Esq. Stephen Skinner Eq. 

John Stevens Esq. Daniel Coxe Esq. 

M r Hewlings and M r Vanhorne from the House of Assem- 
bly presented for the Concurrence of this House a Bill inti- 
tuled "A Supplementary Act to an Act intituled An Act for 
the speedy recovering of Debts from Six Pounds to ten 
Pounds & ca " Which was read the first time and ordered a 
Second reading. 

M r Stevens from the Committee to join a Committee of 
the House of Assembly to inspect and Count certain Bills of 
Credit laid before the House of Assembly by James Hude 
Esq. to inquire into the Circumstances respecting and the 
Uses for which the said Bills were Printed and to burn the 
same, and report their proceedings thereon to the House r 
Reported that the said Committees had met according to 
Order and had burned a certain Quantity of Bills of Credit 
which he was ready to report when the House would be 
Pleased to receive the same. 

Ordered that the said Report be made immediately 

Whereupon M r Stevens read a written Report of the same 
in his Place and delivered it in at the Table, and the same 
being again read was approved of by the House and ordered* 
to be inserted on the Minutes as follows. 

The Committees of the Council and Assembly appointed 
to inspect the Bills of Credit laid before the House of 
Assembly by M r James Hude proceeded to examine the said 
Bills, and find them all dated the 25 th of March 1737 part of 
them being signed by Isaac Debon and John Allen and the 
remainder by them and Robert Hude. 



344 NEW JERSEY COLONIAL DOCUMENTS. [1772 

That upon inspecting the last 40,000 Act do find there 
was ordered to be printed 10,000 for exchanging ragged 
and torn Bills, and by the 32 d Section thereof one half was 
to be lodged in the Hands of one of the Signers in the 
Eastern Division (not being Treasurer) by him to be signed 
occasionally, of which the Committees have good Reason to 
believe the aforesaid Bills are part, and therefore have burned 
them according to Law : their Amount being as follows. 

768 Bills... ...of II each 38,, 8,, 



440 


d 


3/ 


384 


d 


61 


144 


d 


12/ 


88 


d , 


15/ 




d 


30/ 


24 


d , 


60/ 



61,, 1,,- 



115,, 4,,- 
86,, 8,,- 



93,,- 

72,,- 



598,, 1,,- 
Perth Amboy September 22 d 1772. 

By Order of the Committees 

JN STEVENS. 
J. WETHEEILL 

M r Fisher and Mr. Paxson from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for Establishing the Boundary or Partition Line 
between the Colonies of New York and Nova Csfisarea or 
New Jersey &c." Which was read the first time and Ordered 
a second Reading. 

The Bill intituled An Act to Enable the Owners and 
Possessors of a Tract of Marsh and Meadow at Elsingborough 
in the County of Salem to uphold and maintain a certain 
Bank for draining the same Meadow and for other purposes 
therein mentioned " was read the third time, and 

On the Question 

Resolved that the said Bill do pass 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 345 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
.Assembly therewith 

M r Stockton reported that he had obeyed the Orders of the 
House. 

The Bill intituled "An Act to regulate the practice of 
JPhysick and Surgery &c " was read with the Amendments 
made thereto by the House of Assembly in their Places, and 

On the Question 

Kesolved, that this House do agree to the said Amendments 

Ordered, that the said Bill as Amended be reingrossed 

The House continued till tomorrow 



Thursday September 24 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Richard Stockton Esq. 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

The Bill intituled "An Act for establishing the Boundary 
or Partition Line between the Colonies of New York and 
Nova Csesarea or New Jersey, and for confirming the Titles 
nd Possessions " was read the second time and committed to 
the members of this House or any three of them. 

M r Skinner from the Committee to whom was referred the 
Bill intituled "An Act for Inspecting and Culling Staves, 
Heading, Hoops & " reported that the Committee had gone 
through the said Bill and that he was ready to make report 
thereon when the House would be pleased to receive the 
same. 

Ordered, that the said Report be made immediately 

Whereupon M r Skinner reported the said Bill without any 
Amendment 

The Bill intituled "An Act for inspecting and culling 



346 NEW JERSEY COLONIAL DOCUMENTS. [1772: 

Staves Heading Hoops Shingles Timber Boards and Plank r 
and for Inspecting and Measuring Corn Wheat and other 
Grain that shall be exported from the Province of New Jersey 
beyond Sea " was read the third time, and 

On the Question 

Eesolved that the same do pass. 

Ordered that the Speaker do Sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M 1 Winds and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act for defraying Incidental Charges" which was read 
the first time and ordered a second reading. 

M r Parker reported that he had obeyed the Order of the- 
House. 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled An Act for the speedy recovering of Debts from Six, 
Pounds to ten pounds" & c was read the second time and 
ordered a third reading. 

The Bill intituled "An Act to regulate the practice of 
Physick and Surgery within the Colony of New Jersey" 
reingrossed with the Amendments of the House of Assembly 
was read and compared. 

Resolved that the Speaker do sign the said Re-Ingrossed 
Bill. 

Ordered, that M r Stockton do carry the said Bill to the 
House of Assembly to be examined and signed by their 
Speaker. 

The House continued till tomorrow 



Friday September 25 th The House Met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Richard Stockton Esq. 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 347 

M r Read from the Committee to whom was referred the 
Bill intituled "An Act for clearing and removing the several 
Obstructions of the free Course of the Waters in Pasaick 
River &c" reported that the Committee had gone through 
the said Bill and made sundry Amendments which he was 
ready to Report when the House would be Pleased to receive 
the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Read read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read were agreed 
to by the House. 

The Bill intituled "An Act for clearing and removing the 
several Obstructions of the free Course of the Water in 
Pasaick River and the several Branches thereof between the 
little Falls in the said River and the Mill Dam across said 
River near Day's Bridge over said River and for other pur- 
poses therein mentioned " was read the third time, and 

On the Question 

Resolved that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Stockton do carry the same to the House 
of Assembly and desire their Concurrence in the said Amend- 
ments 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled An Act for the Speedy recovering of Debts from six 
pounds to ten pounds in the Inferior Courts of Common 
Pleas of this Colony for small Fees " was read the third 
time, and 

On the Question 

Resolved that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act for defraying Incidental 



348 NEW JERSEY COLONIAL DOCUMENTS. [1772 

Charges" was read the Second time and ordered a third 
reading. 

The Earl of Stirling from the Committee to whom was 
referred the Bill intituled "An Act for establishing the 
Boundary or Partition Line between the Colonies of New 
York and Nova Caesarea or New Jersey " &c reported that 
the Committee had gone thro the said Bill and that he was 
ready to make report thereon when the House would be 
pleased to receive the same. 

Ordered that the said Report be made immediately 

Whereupon his Lordship reported the said Bill without 
any Amendment. 

The Bill intituled "An Act for Establishing the Boundary 
or Partition Line between the Colonies of New York and 
Nova Csesarea or New Jersey, and for Confirming the Titles 
and Possessions " was read the third time, and 

On the Question 

Resolved that the said Bill do pass. 

Ordered that the Speaker do sign the same. 

Ordered, that M r Stevens do acquaint the House of Assem- 
bly therewith. 

M r Stockton reported that he had obeyed the Order of the 
House 

The House continued till tomorrow 



Saturday September 26 th The House met 

Present 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Richard Stockton Esq. 

Charles Read Esq. Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

The Bill intituled "An Act for defraying Incidental 
Charges " was read the third time, and 
On the Question 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 

Resolved that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stevens do acquaint the House of Assem- 
bly therewith. 

M r Stevens reported that he had obeyed the Orders of the 
House . 

A Message from the House of Assembly in the words fol- 
lowing. 

" Ordered, that M r Tucker and M r Hewlings do carry to 
"the Council the Bill Re-ingrossed intituled "An Act to 
" regulate the Practice of Physick and Surgery " and inform 
" them that the same is passed by this House." 

M r Ford and M r Demarest from the House of Assembly 
brought up the Bill re-ingrossed and Signed by their Speaker 
intituled "An Act for clearing and removing the several 
Obstructions of the free Course of the Waters in the River 
Pasaick " & Which reingrossed Bill was read and Compared. 

Ordered, that the Speaker do Sign the same 

A Message from the House of Assembly by M r Fisher and 
M r Crane desiring to know whether this House had any 
further Business before it or any Objection to an Application 
being made to his Excellency for a dismission to which 
Message the Speaker Answered that this House had no 
Objection to such an Application being made. 

His Excellency came into the Council Chamber and 
having by the Deputy Secretary commanded the Attendance 
of the House of Assembly. The Speaker with the House 
attended, when his Excellency was pleased to give his Assent 
to the following Bills ordering them to be enrolled. 

1. An Act for the Support of Government of His Majesty 's 
Colony of New Jersey to Commence the first day of October 
One thousand seven hundred and seventy two, and to end 
the first day of October One thousand seven hundred and 
seventy three, and to discharge the publick Debts and con- 
tingent Charges thereof 

2 An Act for defraying Incidental Charges. 



350 NEW JERSEY COLONIAL DOCUMENTS. [1772 

3 An Act for Establishing the Boundary or Partition 
Line between the Colonies of New York and Nova Csesarea 
or New Jersey, and for confirming the Titles and Possessions. 

4 An Act for making Process in the Courts of Equity 
effectual against Mortgagors who abscond and cannot be 
served therewith or who refuse to appear. 

5 An Act to Regulate the Practice of Physick and Sur- 
gery within the Colony of New Jersey. 

6 An Act to Enable all Persons who are his Majesty's 
Liege Subjects either by Birth or Naturalization to Inherit 
and hold Real Estates notwithstanding any defect of Pur- 
chases made before Naturalization within this Colony. 

7 A Supplementary Act to An Act intituled An Act for 
the Speedy recovering of Debts from Six Pounds to ten 
Pounds in the Inferior Courts of Common Pleas of this 
Colony for small Fees. 

8 An Act to prevent the exportation of unmerchantable 
Flour to Foreign Markets. 

9 An Act for Inspecting and Culling Staves, Heading, 
Hoops, Shingles, Timber, Boards, and Plank, And for in- 
specting, Measuring Corn, Wheat, and other Grain that shall 
be exported from the Province of New Jersey beyond Sea. 

10 An Act to prevent Abuses in the packing of Beef and 
Pork, and for ascertaining the Size of Casks and the Quantity 
that shall be put in each. 

11 An Act for clearing and removing the several obstruc- 
tions of the free Course of the Waters in Pasaick River and 
the several Branches thereof between the little Falls in the 
said River and the Mill Dam across said River near Day's 
Bridge over said River, and for other purposes therein 
mentioned. 

12 An Act to Enable the Proprietors and Possessors of 
the Meadows Swamps and low Lands on the Rivers Pasaick 
and Dead River to clear the same and remove every obstruc- 
tion to the free Passage of the Waters from the Saw Mill 
formerly belonging to Samuel Woodruff Esq. deceased up 



1772] JOURNAL OF THE PROVINCIAL COUNCIL. 351 

the Stream of the said River Pasaick to the Mill known by 
the name of Boyles Mills, and up Dead River to the Bridge 
oommonly called and known by the name of Grants Bridge. 

13 A Supplementary Act to An Act intituled An Act to 
Enable the Owners and Possessors of the Meadows and 
Swamps lying on a small Branch of Alloways Creek in the 
-County of Salem, to keep and maintain the Banks, Dams 
;and other Water Works in the said Meadow, and to keep the 
Water Course thereof Open and Clear. 

14 An Act to Enable the Owners & Possessors of Meadows 
and Tide Marsh lying on Assisconk Creek within the Limits 
of the City of Burlington to Erect and Maintain a Bank 
Dam and other Water Works across the said Creek in order 
to prevent the Tide from overflowing the same. 

15 An Act to Enable sundry of the Owners and Possessors 
of Meadows and Tide Marsh lying on English's Creek in 
the County of Burlington to Erect and Maintain a Bank 
Dam and other Water Works across the said Creek in order 
to prevent the Tide from overflowing the same, and to keep 
the former Water Course of said Creek open and Clear, and 
to make the said Dam when Erected a publick Landing 

16 An Act to Enable the Owners and Possessors of a 
Tract of Marsh and Meadow at Elsingborough in the County 
of Salem to uphold and maintain a certain Bank for draining 
the same Meadow and for other purposes therein mentioned. 

17 An Act for raising the sum of four hundred and fifty 
Pounds proclamation Money on the Inhabitants of the 
Counties of Somerset and Middlesex to be applied to the 
Compleating the Bridge over Rariton at the Landing 

18 A Supplementary Act to An Act intituled An Act to 
Impower certain Persons therein named to raise a Sum of 
Money by Subscription or by Taxation to Rebuild and keep 
in repair the Bridge over Rariton River near bound Brook 
known by the name of Queens Bridge. 

19 An Act to prevent the holding of Fairs in the City of 
Burlington, Princeton, and Township of Windsor. 



352 NEW JERSEY COLONIAL DOCUMENTS. [1773: 

20 An Act to Enable certain Persons to Erect and draw a 
Lottery for raising the sum of One thousand and fifty Pounds 
to be applied for the Purposes therein mentioned 

21 An Act for the better preservation of Deer in the 
Township of Morris. 

22 An Act for the Relief of Richard Stevens with respect 
to the Imprisonment of his Person 

23 An Act for the Relief of Benjamin Ayars now a 
Prisoner in the Gaol of the County of Cumberland. 

24 An Act to Naturalize John George Felthausen. 

25 An Act to dissolve the Marriage of David Baxter with* 
Margaret his Wife late Margaret McMurtrie. 

After which His Excellency was pleased to Prorogue the 
General Assembly to Tuesday the twenty seventh day or 
October next then to meet at the City of Burlington. 

A true Copy 

CHA S PETTIT D Clerk of the Council 



[L. S.] At a Council held at Burlington on Monday* 
February the 22 d 1773. 

Present 
His Excellency The Governor 

Charles Read Esq. 
Samuel Smith Esq. 
John Lawrence Esq. 

His Excellency was Pleased to Nominate Josiah Franklin 
Davenport to be a Justice of the Peace in the County of 
Burlington, to which the Council assented 

His Excellency was Pleased to sign the following Warrants. 

N 628 To himself or Order for one Q rs Salary 

due the 21 Bt Instant , 300,, 0,, 

629 To the same for one Q rs House Rent.. 15 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 353 

630 To Charles Read Esq for one Quar- 

ters Salary as second Justice of the 

Supreme Court due the 21 st Instant. 25 

631 To David Ogden Esq for one Quar- 

ters Salary as third Justice of the 

Supreme Court due the 21 8t Instant. 25 

632 To Samuel Smith Esq for one Q rs 

Salary as one of the Treasurers due 

the 21 st Instant 10,, 0,, 

633 To Stephen Skinner Esq. for one Q" 

Salary as one of the Treasurers due 

the 21 flt Instant 10,, 0,, 

634 To Cortland Skinner Esq. for one Q" 

Salary as Attorney General due the 

21 st Instant , 7 10 

635 To Charles Pettit Esq for one Q" 

Salary as Deputy Clerk of the 

Council due the 21 flfc Instant 7 10 

636 To Charles Pettit Esq. for one Q r8 

Salary as Deputy Clerk of the Cir- 
cuits due the 21 8t Instant 5,, 0,, 

637 To John Carty for one Q rs Salary as 

Doorkeeper to the Council due the 

21 8t Instant 2 10 

638 To Doctor Benjamin Franklin for six 

Months and thirteen days Salary as 
Agent for this Colony due the 21 st 
Instant 53,, 12,, 



At a Council held at Burlington on Monday May 17 th 
1773. 

Present 
His Excellency The Governor 

David Ogden Esq Samuel Smith Esq. 

Charles Read Esq John Lawrence Esq. 

23 



354 NEW JERSEY COLONIAL DOCUMENTS. [1773 

His Excellency was Pleased to lay before the Board a 
Petition, which was some time ago presented to His Excel- 
lency against Thomas Woodruff Esq. one of the Justices of 
the Peace in the County of Essex, which Petition being now 
read, Ordered, that the Complaint contained therein be 
referred to M r Kemble, M r Ogden, Lord Stirling and M r 
Skinner, and to any other of the Members of His Majesty's 
Council who shall attend on the Occasion, or to any two of 
them, who are hereby appointed a Committee to enquire into 
the said Complaint, and to make report thereof to His Excel- 
lency in Council at the next meeting of the Board And that 
in the mean time the Papers relative to the said Complaint 
be committed to the Care of M r Ogden, who is desired to 
give due Notice to the Parties of the time and Place of the 
said Committees meeting. 

His Excellency was Pleased to Nominate William Ver- 
bryck to be a Justice of the Peace in the County of Somerset, 
Samuel Oakeson to be a Justice of the Peace in the County 
of Middlesex, Charles Read jun r to be a Justice of the Peace 
in the County of Burlington and Joshua Brick to be a 
Justice of the Peace in the County of Cumberland to which 
the Council assented. 

His Excellency was Pleased to propose that Joseph Read 
and Josiah Franklin Davenport two of the Justices of the 
Peace in the County of Burlington be made of the Quorum. 

At a Council held at Burlington on Friday May the 21 st 
1773. 

Present 
His Excellency The Governor. 

Charles Read Esq. 
Samuel Smith Esq. 
John Lawrence Esq. 

His Excellency was Pleased to sign the following Warrants 
on the Treasury. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 355 

tf 639 To himself or Order for one Q rs Salary 

duethisday 300,, 0,, 

640 To the same for one Q" House Rent.. 15 

641 To the Honble Charles Bead Esq. for 

one Q rs Salary as second Justice of 

the Supreme Court 25,, 0,, 

642 To the Honble David Ogden Esq r for 

one Q, Salary as third Justice of 

the Supreme Court 25,, 0,, 

643 To the Honble Samuel Smith Esq. 

one of the Treasurers for one Q rs 

Salary 10,, 0,, 

644 To the Honble Stephen Skinner Esq. 

one of the Treasurers for one Q 

Salary 10,, 0,, 

645 To Cortland Skinner Esq. Attorney 

General for one Q w Salary 7 10 

646 To Charles Pettit Esq. Deputy Clerk 

of the Council for one Q M Salary... 7 10 

647 To Charles Pettit Esq. Deputy Clerk 

of the Circuits for one Q Salary... 5,, 0,, 

648 To Joseph Smith Esq. for the use of 

Doctor Benjamin Franklin Agent 

for this Province for one Q Salary.. 25,, 0,, 

649 To John Carty Door Keeper to the 

Council for one Q rs Salary 2 10 

650 To Samuel Smith Esq. one of the 

Treasurers for Cancelling 7886 

5 11. the 12 th Instant at 1 P. C 4 ... 78 17 3 

651 To the same for exchanging 3166 

6 10J in the year ending the 13 th 

May 1772 at 2J P C fc 79,, 3,, 1 

652 To the same for exchanging 3500 

11 J in the year ending the 12 th 

Instant at 2} per Cent 87 10,, 



356 NEW JERSEY COLONIAL DOCUMENTS. [1773 

At a Council held at Perth Amboy on Saturday the 24 th 
July 1773. 

Present 
His Excellency The Governor. 

David Ogden Esq. 
James Parker Esq. 
Stephen Skinner Esq. 

His Excellency laid before the Board a Petition from the 
Honourable Daniel Coxe Esq. setting forth as follows. 

To His Excellency William Franklin Esq. Captain Gen- 
eral and Governor in Chief in and over his Majesty's 
Province of Nova Csesarea or New Jersey, and Territories 
thereon depending in America, Chancellor and Vice Admiral 
in the same &c a 

Sheweth 

That the Transporting of Persons &c for hire over the 
Rivers of this Colony hath ever been deemed a Franchise of 
a Publick nature. 

That accordingly the Government hath from time to time 
for the publick good by Letters Patent granted such Fran- 
chises to private Persons. 

That your Petitioner and his Predecessors for a long time 
under the Royal Grant have and doth claim an exclusive 
Right of Transporting Persons &c for hire over the River 
Delaware at and within certain distances of the Falls of said 
River near Trenton. 

That one Elijah Bond denying that the Crown hath Power 
to grant such Franchise so as to exclude him or any other 
Person from Transporting of Passengers &c for hire over the 
said River hath Erected a Ferry within the Limits granted 
to your Petitioner and his Predecessors and persists in claim- 
ing a right so to do in defiance of the just Rights of the 
Crown, as well as to your Petitioners very great Injury. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 357 

Your Petitioner is therefore advised to make his Applica- 
tion to your Excellency, and to request your Excellency's 
Order in Council to his Majesty's Attorney General directing 
him by Information in the Nature of A Quo Warranto ; or 
otherwise as shall be most Eligable, to prosecute the said 
Elijah Bond for such his Usurpation upon the just Rights 
and Prerogative of the Crown. 

And your Petitioner &c 

DAN 1 COXE. 

His Excellency requesting the Advice of the Council on 
the Prayer of the Said Petition the Board was of the Opinion 
that a Copy of the Said Petition Should be delivered by the 
Clerk to the said Elijah Bond, that he may if he thinks 
proper shew Cause, if any he has, on Monday the eighth day 
of November why the Prayer of the said Petition should not 
be granted. 



At a Council held at Perth Amboy on Wednesday the 15 th 
of September 1773. 

Present 
His Excellency The Governor 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. James Parker Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

His Excellency laid before the Board a Eecommendation 
of the Judges &c in favour of Benjamin Cooper, Samuel 
Haynes and Doctor Bern Budd now under sentance of Death 
in Morris County Gaol for uttering and passing of Counter- 
feit Paper Money like to the Currency of this Province &c. 
Which Letter of Recommendation was by His Excellency's 
Order read; Also the Confessions of Benjamin Cooper, 
Samuel Haynes, Doctor Bern Budd, and David Reynolds, 



358 NEW JERSEY COLONIAL DOCUMENTS. [1773 

together with a Petition of the Grand Jury and a great num- 
ber of the principal Inhabitants of the County of Morris and 
Counties adjacent in behalf of the said Convicts. After 
which his Excellency was Pleased to ask the Opinion of the 
Council how far he should extend the Royal Mercy to any or 
all of the above mentioned Criminals 

Whereupon after mature Deliberation, and it appearing 
that Benjamen Cooper, Samuel Haynes, and Bern Budd, 
were Principally induced to make their several Confessions 
before mentioned from Assurances given them in Behalf of 
Government, in Case of an Ample discovery of the Crimes 
committed and perpetrated by them and their Accomplices,, 
and upon which alone they were Convicted. And also as it 
is highly probable that their Evidence will be necessary 
towards a Conviction of the Principals concerned in the Per- 
petration of the above Crimes, as well as making a full dis- 
covery of the Robbery of the Treasury of this Colony in the- 
Year 1768. 

The Board therefore unanimously advised his Excellency 
to Respite the Execution of the said Benjamin Cooper Samuel 
Haynes and Doctor Bern Budd, untill Friday the fifteenth 
day of October next, and if on or before that time it should 
appear that they have made the fullest discovery of their 
Crimes and Accomplices, and be ready to give every Aid in 
their Power towards a Conviction of such Offenders who may 
be prosecuted for the like Offence, And also give such Bail 
as shall be Judged sufficient by the Chief Justice, or other 
Justice of the supreme Court, for their Appearance at the 
next Court of Oyer and Terminer and General Gaol Delivery 
to be held for the County of Morris &c in which Case the 
Council do advise his Excellency to extend his Majesty's 
Pardon to the said Benjamin Cooper, Samuel Haynes and 
Doctor Berne Budd for the Crimes of which they are now 
under sentence of Death. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 359 

At a Council held at Perth Amboy on Thursday the 16 th 
of September 1773. 

Present 
His Excellency The Governor 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 
James Parker Esq. 

The Board drew up sundry Queries to be put to the four 
several Persons Convicted of being concerned in uttering 
Counterfiet New Jersey Money, and requested Abraham 
Ogden Esq. and Leiutenant Collonel Ogden of Morris County 
to put the said Queries to the said Convicts and to obtain 
their respective Answers thereto, and likewise to obtain from 
them the fullest Information respecting the whole of the 
Transactions concerning the Counterfieting of the Paper Cur- 
rency of New Jersey and uttering of the same, and also of 
all they know respecting the Robbery of the Treasury. 

M r Coxe moved the Board for leave to withdraw the Peti- 
tion which he laid before the Governor and Council at their 
last Meeting praying an Order to the Attorney General to 
file an Information in the nature of a Quo Warranto against 
Elijah Bond for Erecting a Ferry on the River Delaware 
Which Motion was agreed to, and he has leave to withdraw 
the same accordingly. 

A Memorial from M r Skinner His Majesty's Attorney 
General was laid before the Board and read in the words 
following. 

To His Excellency William Franklin Esq r Captain Gen- 
eral Governor and Commander in Chief in and over the 
Province of New Jersey &c And the Honourable His Majesty's 
Council in Council met &c. 

The Memorial of Cortland Skinner Esq Attorney General 
of said Province. 



360 NEW JERSEY COLONIAL DOCUMENTS. [1773 

Humbly Sheweth 

That by the Laws of this Colony your Memorialist is 
restrained from filing Informations without Licences and 
directions of your Excellency, with the Advice of Council. 

That Ferries are a Franchise in the Crown and no Person 
hath Authority to Erect a Ferry without having first obtained 
the Royal Grant. 

That one Elijah Bond hath usurped this Prerogative of the 
Crown by Erecting a Publick Ferry in this Province at 
Nottingham in the County of Burlington, without any Licence 
or Grant for that Purpose That such usurpation is highly 
derogatory to the just Prerogative of the Crown and there- 
fore your Memorialist prays your Excellency and Council 
for leave to prosecute an Information against the Said Elijah 
Bond, in the nature of a Quo Warranto, That the Rights of 
the Crown in the Premises may be Legally asserted, and his 
Majesty's just Prerogative suffer no diminution by an acquies- 
cence in the Said Usurpation 

15 th September 1773 CORTL* SKINNER Att y Gen 1 

Which Memorial wds referred to -further Consideration 

At a Council held at Perth Amboy on Friday the 17 th of 
September 1773. 

Present 
His Excellency The Governor. 

The Earl of Stirling The Chief Justice 

John Stevens Esq. Stephen Skinner Esq. 

James Parker Esq. 

The Council advised the calling of the Assembly on Wed- 
nesday the tenth day of November next. 

The Board resumed the Consideration of the Memorial 
from the Attorney General praying for leave to prosecute an 
Information against Elijah Bond in the nature of a Quo 
Warranto for usurping a Franchise of the Crown by Erecting 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 361 

a Ferry in this Province at Nottingham in the County of 
Burlington without Licence and were unanimously of 
Opinion that the Prayer of the Said Memorial be granted, 
and that the Governor do Sign an Order accordingly. 

In pursuance of which Opinion and Advice an Order for 
the purpose was signed by his Excellency and delivered to 
the Attorney General in Council. 



At a Council held at Perth Amboy on Monday the 27 th of 
September 1773. 

Present 
His Excellency The Governor 

James Parker Esq. 
The Chief Justice 
Stephen Skinner Esq. 

His Excellency laid before the Board the last Confession 
of David Reynolds and the Answers of Reynolds, Haynes, 
Budd and Cooper to the Queries put to them by Order of 
this Board at their last meeting ; Also the further Examina- 
tion and Confessions of the three last mentioned Criminals, 
which were read. 

His Excellency likewise informed the Board that he had 
received Intelligence that the Persons who went in pursuit of 
Ford and King, two of the Persons who were concerned in 
Counterfieting Paper Money had returned without being able 
to overtake them; but that they had got Information of 
Ford and King being joined at Juniatta by one Richardson 
and Thomas Budd (concerned with them in Counterfieting 
Paper Money) and that they all had proceeded together to 
the Ohio with an Intention of going to the Mississippi and 
according to Haynes's Confession were to wait for him at 
New Orleans till after Christmass next 

Whereupon His Excellency requested the Opinion of the 
Board whether it would not be adviseable to send some 



362 NEW JERSEY COLONIAL, DOCUMENTS. [1773 

Trusty Persons properly Authorized, and recommended to 
the Governor of West Florida and New Orleans to apprehend 
the said Ford and others on their Arrival in that Country, 
which Persons might pretend to be going as settlers. 

The Board were of Opinion that if Persons could be got 
to undertake this Service in expectation of the reward offered 
in this Province and Pennsylvania and on a Promise of being 
paid all their Reasonable expenses whether they succeeded or 
not, (which His Excellency said he was informed might be 
done) that it would be of considerable Advantage to the 
Publick if such a Measure was adopted ; and recommended 
it to the Attorney General to Consult with the Honourable 
Justice Ogden on the proper means for carrying the same 
into execution, which the Attorney General accordingly 
undertook to do : And the Treasurer of the Eastern Division 
offered to advance if necessary a sum of Money toward& 
defraying the Expences of such Persons who should be 
engaged in this Service and to take his Chance of being 
reimbursed by the Publick, which offer was approved of by 
the Board who likewise recommended it to his Excellency to 
endeavor to get the Government of Pennsylvania to Assist 
in this Design, by joining some proper Persons of that 
Colony with those who may be engaged to go to West Florida 
on the part of this Province. 



At a Council held at Burlington on Wednesday the 24 th 
of November 1773. 

Present 
His Excellency The Governor 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Samuel Smith Esq Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 363 

Kinear Vangieson Esq one of the Judges of the Inferior 
Court of Common Pleas for the County of Bergen, and one 
of the Justices of the Peace in the said County having re- 
quested leave of his Excellency to resign his said Offices of 
Judge and Justice of the Peace, and his Excellency having 
desired the Opinion of the Council thereon : The Council 
advised his Excellency to accept of the said Resignation, and 
to Order a Supercedeas to issue to the said Rinear Vangieson 
Esq. ordering him to forbear farther Acting as a Justice of 
the Peace in the said County. 

His Excellency informed the Board that John Demarest 
Esq had requested leave to resign his Commission as Coroner 
in the County of Bergen, and desired the Advice of the 
Council whether the said Resignation should be accepted or 
not ; Whereupon the Council advised his Excellency to ac- 
cept of the said Resignation. 

His Excellency thereupon proposed James Demarest son 
of the said John Demarest Esq to be appointed a Coroner in 
the said County of Bergen, to which the Council assented. 



At a Council held at Burlington November the 30 th 1773. 

Present 
His Excellency The Governor. 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 
Samuel Smith Esq. 

M r Ogden from the Committee appointed by the Board on 
the 17 th of May last to enquire into the Complaint against 
Thomas Woodruff Esq. one of the Justices, of the Peace in 
the County of Essex, delivered in the Report of the said 
Committee which is in the following words viz* 



364 NEW JERSEY COLONIAL DOCUMENTS. [1773 

To His Excellency William Franklin Esquire Captain 
General Governor and Commander in Chief of the Province 
of New Jersey, and to his Majesty's Council of the said 
Province " . ' 

We the Subscribers two of the Committee of said Council 
to whom the Complaint against Thomas Woodruff Esq. one 
of His Majesty's Justices of the Peace for the County of 
Essex, was referred, having this day agreeable to Notice given 
to the Parties for that purpose heard the Complaint of the 
Petitioners against M r Woodruff charging him with Mai- 
Practice in his Office ; And having also heard the defence of 
M r Woodruff, with the Proofs and Allegations of both Parties, 
do Report to your Excellency and Council that We are of 
Opinion that the Facts charged against M r Woodruff were 
unsupported by the Petitioners, that his Conduct as Justice 
of the Peace in the Matters mentioned in the Petition against 
him is, unblameable, and that the Petition appeared to us to 
be drawn and prosecuted by a Malicious Spirit without any 
Foundation to support the Facts charged therein. 

"DAVID OGDEN. 
STIRLING." 

His Excellency at the same time laid before the Board a 
Letter from Richard Stiles Esq. the Complainant against the 
Said Thomas Woodruff Esq. which Letter was read and is in 
the following words viz* 

Elizabeth Town October 3 d 1773. 
May it Please your Excellency. 

" Some time ago, I was prevailed on by the Importunity 
of sundry Persons to draw and present to your Excellency a 
Petition against Thomas Woodruff Esq r which I did being 
then fully persuaded, that all the Facts therein contained 
could be fully proved. But as I have since found that I was 
misinformed I d6 hereby beg your Excellency's Pardon for 
having troubled you or any other Person therewith And do 
also hope that your Excellency will not entertain any un- 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 365 

favorable Opinion of me on that Account, for I declare upon 
my Honour that my motives for undertaking, or carrying on 
the aforesaid Petition were not incited by any the least degree 
of malice, or private Enmity against M r Woodruff." From 
Sir, your Excellency's most Obedient humble Servant. 

KICHARD STILES 
His Excellency William Franklin Esq r 

The Council having taken the Said Report and Letter into 
Consideration, and being of Opinion that the Charge against 
the said Thomas Woodruff Esq. is groundless and frivolous, 
do therefore advise His Excellency to signify his Approba- 
tion of the Conduct of the Said Thomas Woodruff as a Jus- 
tice of the Peace by continuing him in his Said Office. 

His Excellency was Pleased to lay before the Board a 
Letter from Samuel Nicholson of the County of Salem 
directed to Benjamin Holmes Esq. one of the members of the 
Assembly for the Said County requesting that the Said 
Member would use his Endeavors to prevent from passing 
the House a Bill prayed for by Whitten Cripps, and others 
for banking certain Meadows in Penns Neck in the Said 
County alleging that although the Said Petitioners had pub- 
lickly advertized their Intention of applying for such a Bill 
to be passed into a Law, the said Advirtisement had not come 
to his knowledge untill it was too late for him to make such 
Objections to the Prayer of the Said Petition being granted, 
as he thinks just and reasonable : Which Letter was put into 
his Excellency's Hands by way of Petition against his giving 
his Assent to the Said Bill, the same having already passed 
the two Houses Also 

A Petition from the Said Whitten Cripps in answer to the 
said Letter, setting forth, that besides the said publick Adver- 
tisement the Petitioners had given verbal Notice to the Said 
Samuel Nicholson of his Intentions to apply for the said 
Act, and that the Said Nicholson then told him he had no 
objection thereto: And that a Delay would be very injurious 



366 NEW JERSEY COLONIAL DOCUMENTS. [1773 

to the Petitioner for that his Meadows had lain under water 
at times for near twelve months past occasioned by the Said 
Nicholson or his Tenants neglecting to keep up their adjoin- 
ing Banks : and offering to Support the Facts alleged in the 
Said Petition, if his Excellency should think proper to 
order a hearing for that purpose 

And His Excellency was Pleased to desire the Advice of 
the Council whether it would be proper for him to delay his 
Assent to the Said Bill or not. 

And it appearing to the Council that the Said Bill having 
passed the two Houses in the usual Form after due publick 
Notice having been given by the Petitioners of their Intention 
to apply for the same: The Council unanimously advised 
his Excellency that the Said Letter from the Said Samuel 
Nicholson ought not to be at all regarded. 

His Excellency was Pleased to Nominate Charles Harrison 
of Trenton, to be one of the Coroners of the County of 
Hunterdon, to which the Council assented. 



At a Council held at Burlington December the 1 st 1773. 

Present 
His Excellency The Governor 

Peter Kemble Esq. The Chief Justice 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 
James Parker Esq. 

A Memorial having been presented to the Board from 
Colonel Samuel Ogden, Setting forth that he hath been 
informed that certain Charges have been exhibited before 
this Board against him, by which his Character as a Gentle- 
man and a Magistrate is impeached : and therefore praying 
that he may be favoured with a Copy of the Said Articles, 
and that he may be heard before the Board upon a Matter 
that so nearly concerns, and most sensibly affects him. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 367 

Ordered, that the Secretary inform Colonel Ogden that no 
such Charges are before this Board nor does any thing appear 
on their Minutes that can in any wise impeach his Character. 

His Excellency was Pleased to nominate Michael Vreeland 
Esq. to be one of the Judges of the Pleas in the County of 
Essex, to which the Council assented. 



At a Council held at Burlington on the 3 d of December 

1773. 

Present 

His Excellency The Governor 

Peter Kemble Esq. The Chief Justice 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 
James Parker Esq. 

A Memorial being presented to the Board from Colonel 
Ogden setting forth That he had on Sunday last received 
a Letter from one of the Board informing him with the leave 
of his Excellency that the Earl of Stirling had exhibited to 
the Board an Accusation against the said Memorialist and 
Samuel Tuthill Esq r of Morris County, charging them with 
mal-Practice in the Execution of their ^Respective Offices as 
Justices of the Peace, and as Members of the late Court of 
Oyer and Terminer and General Gaol delivery, for the said 
County, by unfairly and partially taking the Examinations 
and Depositions of several Witnesses of and concerning sev- 
eral Criminal Matters examined into by the said Memorialist 
and Samuel Tuthill Esq. And also that his Lordship had 
further informed the Board that the said Memorialist and 
Samuel Tuthill had suppressed the Testimony of some Wit- 
nesses Material for bringing certain Criminals to Justice 
That the Memorialist did on the first Instant present a Memo- 
rial to the Board praying to have a Copy of the said Accu- 
sation exhibited as aforesaid, and that he might be heard 



368 NEW JERSEY COLONIAL DOCUMENTS. [1773 

before the Board in hopes that he should have received a 
Copy of the Charges exhibited against him if still remaining 
w th the Board, and if not so remaining, to have had an Ac- 
count how the said Articles of charge came to be taken from 
or expunged the Minutes, whether at the request of Lord 
Stirling arising from a conciousness of the Injustice of the 
said Charges or not ? And whether in Such manner as did 
altogether remove the Charges against the said Memorialists 
Character. And that as the Order of the Board thereupon 
was only " that the Secretary do inform the Said Memorialist 
that no such Charges are before the Board nor does any thing 
appear on their Minutes that can, in any wise impeach the 
Memorialists Character : " The Memorialist humbly conceives 
that although nothing does now appear on the Said Minutes, 
yet that the Charge still remains against the Said Samuel 
Tuthill, and the Memorialist which being of so high a Nature 
to the Publick, to the said Samuel Tuthill, and the Memo- 
rialist, it is therefore humbly prayed by the Said Memorialist 
that a full and perfect Inquiry may be had of this Important 
Affair, and that a day may be fixed for the hearing at Such 
time and Place as may be thought most expedient, And that 
the said Earl of Stirling may be ordered by a short day to 
ascertain the particular Instances and Depositions whereby he 
intended to support his Charges. 

The Board having taken the Said Memorial into Considera- 
tion and deliberated thereon 

Ordered, That Colonel Ogden be informed that the Articles 
of Complaint against him and Samuel Tuthill Esq. which 
had been exhibited to this Board by the Earl of Stirling 
were while on the rough Minutes of the Day, and before 
they were entered in the Council Book, withdrawn with the 
Consent and Approbation of the Board, for Reasons given by 
his Lordship. Therefore as there is not at present any 
Charge before the Board respecting the said Colonel Ogden 
or Samuel Tuthill, it is not in their Power to Comply with 
the Prayer of Collonel Ogdens Memorial in proceeding to 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 369* 

make enquiry into the Affair, or fixing a time for the hear- 
ing: nor can they properly take any farther Steps in the 
Matter, unless the Charges shall be hereafter renewed, or 
laid before them. 

His Excellency was Pleased to lay before the Board some 
Information which he had received from Thomas Kinney 
Esq. Sheriff of the County of Morris respecting the Robbery 
of the Treasury. 

Whereupon the Council advised his Excellency to Cause 
the Depositions of the Reverend John Hanna of Kingwood 
in the County of Hunterdon to be taken, And also that 
Thomas Stout near the Dutch Meeting House in Reading 
Town in the said County be requested to attend in this City 
to relate what he Knows respecting Joseph Richardsons 
being possessed of a large quantity of Jersey Paper Money, 
and exchanging the same or part thereof for Gold or other 
Money. 

The Board being also informed that the said Thomas 
Kinney Esq can give some material Information respecting 
the Robbery of the Treasury, The Board thereupon requested 
the Chief Justice to take the Deposition of the said Thomas- 
Kinney Esq. 

His Excellency was Pleased to lay before the Board * 
Message from the House of Assembly in which are the fol- 
lowing words viz* 

" That with respect to the Convicts in Morris County Gaol* 
" the House are of Opinion that it is not proper to send for 
or examine them." 

Whereupon the Council advised his Excellency to Issue 
His Majesty's Royal Pardon to the said Convicts, viz* Benja- 
min Cooper, Bern Budd, and Samuel Haynes. 

His Excellency was Pleased to communicate to the Board 
His Majesty's Royal Allowance of an Act of the General 
Assembly of this Province passed in September 1772 inti- 
tuled "An Act to enable all Persons who are His Majesty's 
Leige Subjects either by Birth [or] Naturalization to inherit 

24 



370 NEW JERSEY COLONIAL DOCUMENTS. [1773 

and hold Real Estates notwithstanding any defect of Pur- 
chases made before Naturalization within this Colony," 
which allowance was signified to His Excellency by a Copy 
of a Minute of His Majesty's most Honourable Privy Coun- 
cil dated the first day of September last, and transmitted to 
him by Order of the R* Honourable the Earl of Dartmouth 
His Majesty 's Principal Secretary of State for American 
Affairs in the following words [pro ut the Minute of Council]. 

His Excellency was also Pleased to Communicate to the 
Board, His Majesty's Royal disallowance of three Acts of 
the General Assembly of this Province passed in August and 
September 1772. Which disallowance was signified to His 
Excellency by a Copy of a Minute of His Majesty's most 
Honourable Privy Council Dated the first day of September 
last, and transmitted to him by Order of the R* Honourable 
the Earl of Dartmouth His Majesty's Principal Secretary of 
State for American Affairs in the following words. 
[pro ut the Minute of Council] 

Whereupon the Council advised His Excellency to notify 
His Majesty's gracious Allowance and Confirmation of the 
said Act so allowed and His Majesty's Royal disallowance of 
the said three Acts so disallowed by Proclamation 

And His Excellency was thereupon Pleased to issue a 
Proclamation in the words following viz* 

By His Excellency 

William Franklin Esquire Captain General Governor and 
Commander in Chief in and over the Province of New 
Jersey and Territories theron depending in America, Chan- 
cellor and Vice Admiral in the same &c a 

A Proclamation 

Whereas His Majesty, by his Order in Council at S fc 
James's bearing date the first day of September last hath 
been graciously pleased, with the Advice of the Privy 
Council to declare his Royal Approbation and Allowance of 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 371 

An Act of the Legislature of this Province passed in Septem- 
ber 1772, intituled 

"An Act to enable all Persons who are His Majesty's 
ff leige Subjects either by Birth or Naturalization, to inherit 
" and hold, Real Estates notwithstanding any Defect of Pur- 
" chases made before Naturalization within this Colony." 

And Whereas His Majesty, by one other Order in Council 
at St Jamess, bearing date the said first day of September 
last, hath been pleased, with the Advice of his privy Council 
to declare his Royal Disallowance of three other Acts of the 
Legislature of this Province, passed in August and Septem- 
ber 1772, intituled as follows viz* 

1 "An Act for the Relief of Benjamin Ayars now a 
Prisoner in the Gaol of the County of Cumberland." 

2 "An Act to Naturalize John George Felthausen " 

3 "An Act to disolve the Marriage of David Baxter with 
Margeret his Wife, late Margaret MMurtry " 

I have therefore thought fit by and with the Advice and 
Consent of His Majesty's Council for this Province to pub- 
lish His Majesty's gracious Allowance and Affirmance of the 
Act first above mentioned, and His Majesty's Royal Dis- 
allowance and Repeal of the said three last mentioned Acts 
by Proclamation, to the End, that all his Majesty's Subjects 
whom it may concern may take Notice thereof and Govern 
themselves accordingly. 

Given under my Hand and Seal at Arms in the City of 
Burlington the third day of December in the fourteenth year 
of the Reign of our Sovereign Lord George the third of 
Great Britain France and Ireland King Defender of the 
Faith &c Anno Domini 1773. 

W m FRANKLIN 

By His Excellencys Command 

CHA S PETTIT D Seer 7 



372 NEW JERSEY COLONIAL DOCUMENTS. [1773 

At a Council held at Burlington on the 8 th day of Decem- 
ber 1773. 

Present 
His Excellency the Governor 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

'His Excellency was Pleased to lay before the Board a 
Petition from sundry of the Inhabitants of the Town of 
Gloucester and part of the Township of Gloucester, setting 
forth That there is no established Boundary of the said 
Town to be found on Record and that by the reputed 
Boundary of the said Town it is so small and the Inhabitants 
within the same so few as scarcely to afford a sufficient 
number of Freeholders to hold the necessary Town Offices. 
And therefore praying that part of the said Township of 
Gloucester, as described in the said Petition may be annexed 
to the said Town of Gloucester by Patent. 

John Hinchman and Robert Friend Price Esq rs the Rep- 
resentatives of the County of Gloucester who attended for 
that purpose being heard in support of the said Petition, and 
it appearing to the Board to be proper that the Prayer of the 
said Petition should be granted, the Council advised his Ex- 
cellency to cause a Patent to be issued pursuant to the said 
Prayer 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 373 

At a Council held at Burlington the 14 th day of Decem- 
ber 1773. 

Present 
His Excellency The Governor. 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

His Excellency was Pleased to lay before the Board an 
Application from John Vanhorne Esq r to be made one of 
the Judges of the Pleas in the County of Somerset : Where- 
upon the Council advised his Excellency not to Comply with 
the said request there being already a sufficient number of 
Judges in the said County, some of whom reside in the 
Neighbourhood of the said John Vanhorne. 

His Excellency was Pleased to Nominate Joseph Skelton 
Esq r now one of the Justices of the Peace in the County of 
Middlesex, to be also a Justice of the Peace in the County of 
Somerset. 

His Excellency was likewise Pleased to Nominate Richard 
Cockran and Robert Stockton Esq" now Justices of the Peace 
in the County of Somerset to be also Justices of the Peace in 
the County of Middlesex. 

The said three Gentlemen all residing near the Line 
between the said two Counties. 

Joseph Oxford of the Township of Oxford, Mark Thomp- 
son of the Township of Hardwick, Henry W m Cortwright of 
the Township of Sandwich, and Abraham Chambers of the 
Township of Montague, to be Justices of the Peace in the 
County of Sussex. 

Ebenezer Foster to be a Judge of the Pleas in the County 
of Middlesex, Robert Field to be a Judge of the Pleas in the 
Oounty of Burlington, Thomas Berry to be a Justice of the 



374 NEW JERSEY COLONIAL DOCUMENTS. [1773 

Peace in the County of Somerset, Peter Forman to be a 
Justice of the Peace in the County of Monmouth, Richard 
Stevens to be a Justice of the Peace in the County of Hun- 
terdon, Drury Wake, Joseph Stokes, Peter Falman, William 
Heulings and Samuel Hew to be Justices of the Peace in the 
County of Burlington. 

To all which Nominations the Council assented. 



At a Council held at Burlington the 20 th day of Septem- 
ber 1773. 

Present 
His Excellency The Governor 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Kichard Stockton Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

His Excellency was Pleased to lay before the Board a 
Representation in writing he had received from sundry of 
the Militia Officers in the County of Morris, which was 
accompanied with a Certificate in writing from some of them 
who were Grand Jurors at the late Court of Oyer and Ter- 
miner in the said County of Morris containing certain 
Charges against the Conduct of Jacob Ford Jun r Esq. Colonel 
of the Militia of the said County ; and asked the Advice of 
the Council what was proper for him to do thereupon The 
Council having taken the said Representation and Certificate, 
and the other Papers relating thereto into Consideration, and 
being of Opinion that the Facts contained therein were 
properly Cognizable in the Courts of Law, do Advise Hi& 
Excellency that it would be improper for him to give any 
determination thereupon untill the Courts of Law may have 
had an Opportunity of having the Matters of Complaint 
determined before them, if to them it shall seem proper. 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 375 

At a Council held at Burlington the-21 8t of December 1773. 

Present 
His Excellency The Governor 

The Earl of Stirling Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 
The Chief Justice 

His Excellency was Pleased to lay before the Board a Mes- 
sage from the House of Assembly which was read and is in 
the words following viz* 

House of Assembly Decern' 21 1773. 

"Ordered, That M r Mehelm and M r Taylor do wait on his 
Excellency and inform him " 

" That the House look on the Robberry of the Treasury 
" to be of so much consequence to the Colony, that consistent 
" with the trust reposed in them they cannot remain Silent. 

" The House conceive publick Utility may render it neces- 
" sary that a Person should be removed from an Office, and 
"yet that removal cannot be deemed a Punishment. If a 
" Person in Office should appear to be incapable of perform- 
ing the Duties of it, In Order to prevent any publick 
"Detriment, a removal should take Place, and with equal 
"Reason this Remedy ought to be applied where there 
"appears to have been a Neglect in keeping the Publick 
" Money. 

" The House know of no Action in which the negligence 
" of the Eastern Treasurer can be brought in Question. But 
" they request his Excellency would be Pleased to look into 
"the Affidavits laid before the House in 1770 and they ap- 
" prehend some Instances of Negligence will appear. 

" In Order to restore that Harmony which ought to Sub- 
" sist between the several Branches of the Legislature and to 



376 NEW JERSEY COLONIAL DOCUMENTS. [1773 

"quiet the general Uneasiness of the Colony, the House 
"renew their request that His Excellency would be Pleased 
" to remove the Treasurer from his Office in Order that a 
" Suit may be instituted against him for the Recovery of the 
"Money." 

And His Excellency was Pleased to ask the Advice of the 
Council whether it would be proper to remove the Eastern 
Treasurer from his Office agreeably to the request contained 
in the said Message, and whether such removal is necessary 
to the legal Institution of a Suit against the said Treasurer 
for the Money Stolen out of the Treasury in the year 1768. 

The Council having taken the same into Consideration and 
deliberated thereon were unanimously of Opinion that it 
would not be proper for his Excellency at present to remove 
the said Treasurer from his Office, and that such removal is 
not necessary to the Legal Institution of such Suit against him. 

At a Council held at Burlington the 22 d day of December 
1773. 

Present 
His Excellency The Governor 

The Earl of Stirling Richard Stockton Esq. 

Samuel Smith Esq. Stephen Skinner Esq. 

James Parker Esq. Daniel Coxe Esq. 

The Chief Justice John Lawrence Esq. 

His Excellency was Pleased to sign the following War- 
rants Ordering the Treasurers or either of them to pay. 

No 653 To himself or Order for four months 
and one third of a Months's Salary 
as Commander in Chief from the 
21 st of May to the first of October 

last at 1 200 P Annum 433,, 6,, 8 

654 To the same for House Rent for the 

same time at 60 21 13 4 



1773] JOURNAL OF GOVERNOR AND COUNCIL. 377 

655 To the Honourable David Ogden Esq. 

one of the Justices of the Supreme 
Court for his Salary for the same 
time at 100. 36,, 2,, 2 

656 To the Hofible Samuel Smith Esq. 

one of the Treasurers for his Salary 

for the same time at 40 14 8 10 

657 To the Hoflble Stephen Skinner Esq. 

one of the Treasurers for his Salary 

for the same time 14,, 8 10 

658 To Cortland Skinner Esq. Attorney 

General, for his Salary for the same 

time at 30 10 16 8 

659 To Charles Pettit Esq. Deputy Clerk 

of the Council for his Salary for the 

same time 10,,16,, 8 

660 To Charles Pettit Esq. for the use of 

Joseph Warrell Esq. Clerk of the 
Circuits for his Salary for the Same 
time at 20 7,, 4,, 5 

661 To John Carty Doorkeeper to the 

Council for his Salary for the same 

time 10 3 12 3 

662 To Joseph Smith Esq. for the use of 

D r Benjamin Franklin Agent for 
this Colony in Great Britain for his 
Salary for the same time at 100... 36,, 2,, 2 

663 To the Chief Justice for holding nine 

Courts of Oyer and Terminer viz* 
in Essex in October last ; in Glou- 
cester, Salem, Cumberland, and 
Cape May in May last, in Hunter- 
don in August last, in Bergen in 
September last, in Monmouth in 
October last, and in Salem in 
November last, at 10 each 90 - 



378 NEW JERSEY COLONIAL DOCUMENTS. [1773 

664 To the Hofible David Ogden Esq. 
one of the Justices of the Supreme 
Court for holding four Courts of 
Oyer and Terminer viz* in the 
County of Sussex in May last, in 
Essex in June last, in Middlesex in 
July last, and in Morris in August 
last 40,, 0,, 

Previous to the signing the said Warrants his Excellency 
was Pleased to acquaint the Board that he had some time ago 
received Information from the Earl of Hillsborough, then 
his Majesty's Principal Secretary of State for American 
Affairs that His Majesty had been graciously Pleased to give 
an Adequate Salary to the Chief Justice of this Province, 
and that it was his Majesty's Pleasure that the said Chief 
Justice should no longer accept any Allowance from the 
Assembly. 

And thereupon his Excellency was Pleased to ask the Ad- 
vice of the Council whether it would be proper for him to 
pass the above mentioned Warrant No. 663 in favour of the 
Chief Justice or not ? 

The Council having taken the same into Consideration 
were of Opinion that the Money being for extraordinary Ser- 
vices, for which Provision is made in the Act of Assembly, 
is not within the meaning of His Majesty s Restriction ; And 
therefore advised his Excellency to sign the said Warrant. 

His Excellency was Pleased to lay before the Board a 
Petition signed by Francis Kingston and nineteen others, 
calling themselves "The Freeholders Inhabitants of the 
"Township of Gloucester in the County of Gloucester " set- 
ting forth that they understand some of the Inhabitants of 
the town of Gloucester have surveyed off part of the said 
Township, and prayed that it may be annexed by Patent to 
the said Town of Gloucester and offering sundry Reasons 
.against the said part of their Township being so severed, and 
praying that the said Patent may not be granted. 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 379' 

The Council taking the same into Consideration and find- 
ing that the said Patent had been regularly applied for in the 
usual Form, that the said Petitioners or great part of them 
had been timely notified of the said Application, and that the 
said Patent had passed the Great Seal before the presenting 
of this Petition without any Opposition being made thereto, 
were of Opinion that his Excellency could not with Pro- 
priety pay any farther regard to the said Petition 



At a Council held at Burlington on the 14 th day of Febru- 
ary 1774. 

Present 
His Excellency The Governor 

John Stevens Esq. Richard Stockton Eq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

His Excellency was Pleased to acquaint the Board that he 
had some time ago received from John King late the under 
Sheriff of Morris County a Representation in writing con- 
taining sundry Charges against Thomas Kinney Esq. High 
Sheriff of the said County relative to the Escape of Samuel 
Ford, who was Committed to the Goal of the said County of 
Morris in July last on Suspicion of having Counterfieted the 
Bills of Credit of this Province That his Excellency had 
caused a Copy of the said Representation to be delivered to 
the said Thomas Kinney Esq. in Order that he might have 
an Opportunity of Answering the said Charges That his 
Excellency had lately received from the said Thomas Kinney 
an Answer in writing to the said Charges, together with sun- 
dry Affidavits in support of the said Answer. 

Which Papers his Excellency was Pleased to lay before the 
Board and ask the Advice of the Council thereon. 

The Council having taken the same into Consideration 
were of Opinion that the charges contained in the said Rep- 



380 NEW JERSEY COLONIAL DOCUMENTS. [1774 

resentation are not supported. But it appearing to the Board 
that the said Thomas Kinney may nevertheless be blameable 
for negligence in his Office respecting the Escape of the said 
Samuel Ford, the Attorney General was called in and exam- 
ined touching that Matter, who informed the Board that a 
Bill of Indictment was found against the said Sheriff by the 
Grand Inquest of the said County of Morris for Misbe- 
haviour respecting the said Escape ; 

Whereupon the Council advised his Excellency to Order 
the Attorney General to prosecute the said Indictment at the 
next Court. 



At a Council held at Burlington the 21 st day of February 
1774 

Present 
His Excellency The Governor 

John Stevens Esq. James Parker Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

His Excellency was Pleased to Nominate James Hude 
Esq r of New Brunswick to be a Justice of the Peace in the 
County of Middlesex, Kobert Hoops to be a Justice of the 
Peace in the County of Hunterdon Jonathan Stiles Esq. to 
be a Justice of the Peace in the County of Morris Francis 
Hopkinson Esq. to be a Justice of the Peace in the County 
of Burlington, William Jackson jun r to be a Justice of the 
Peace in the County of Monmouth, Robert Morss to be a 
Justice of the Peace in the County of Gloucester John Carey 
Esq to be a Justice of the Peace in the County of Salem, and 
Ephraim Martin to be a Coroner in the County of Sussex. 

To all which nominations the Council Assented. 

His Excellency was also Pleased to Nominate Samuel Bar- 
ron Esq. to be a Judge of the Pleas in the County of Mid- 
dlesex, to which the Council Assented. 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 381 



At a Council held at Burlington the 24 th of February 1774 

Present 
His Excellency The Governor 

John Stevens Esq. James Parker Esq. 

Samuel Smith Esq. Richard Stockton Esq. 

His Excellency was Pleased to lay before the Board a 
Memorial from the Honourable Stephen Skinner Esq. Treas- 
urer of the Eastern Division of this Province requesting that 
his Excellency for the Reasons therein contained would be 
pleased to accept of his Resignation, of his Office of Treas- 
urer, which Memorial followeth in these words, to wit, 

To His Excellency William Franklin Esq r Captain Gen- 
eral and Governor in Chief in and over the Province of New 
Jersey and Territories thereon depending in America Chan- 
cellor and Vice Admiral in the same 



May it Please your Excellency 

The Misfortune which befel me in the year 1768 of being 
robbed of a large Sum of the Publick Money committed to 
my Custody as Treasurer of the Eastern Division of this 
Province has been greatly increased by the Obscurity in 
which the Perpetrators of that atrocious Villainy have been 
concealed. And although my most Zealous Endeavours have 
not been wanting to have them discovered, and such Circum- 
stances have at length been brought to light as seem to point 
them out with a great degree of Probability, yet by an 
unfortunate Concurrence of other Circumstances, the publick 
has hitherto not received that full Evidence of their Guilt, 
which seems necessary to carry Conviction into every Mind, 
Hence there remains with some People a Doubt that has been 
the Source of the severest part of my Calamity. A doubtful 
mind is open to any Plausible Suggestion, and a Man in a 
Publick Station is seldom without some Enemies who are 



382 NEW JERSEY COLONIAL DOCUMENTS. [1774 

ready to rejoice in his Misfortunes, and to put the worst con- 
struction it will possibly bear on every part of his Conduct. 
An uncharitable Suspicion against my Moral Character on 
this Occasion has taken Place in the Minds of some Persons, 
in divers parts of the Province, who have not had an Oppor- 
tunity of being duly informed of the Truth, even so far as it 
has been discovered. This to a Heart conscious of its own 
Integrity and looking forward to the hopes of a rising Family, 
and the Honour of Worthy Connections, must afford the 
Keenest Anguish. And although the loss of so much Money 
as that of which the Treasury has been robbed, should it fall 
upon me must be attended with great distress, and perhaps 
ruin to my Family, it is a Loss I would much rather sustain, 
were I driven to the unhappy alternative, than suffer so 
odious a Stigma to 'descend with my Character to Posterity. 

This Sir has been the Chief Motive which has induced 
me so earnestly to sollicit that my Conduct may be enquired 
into by a fair and impartial Trial. And the Apprehension 
that a removal from my Office might have the Appearance of 
my being supposed by your Excellency to be in some measure 
Guilty, has induced me to request that I might be continued 
in Office untill such Trial should be had. You have been 
Pleased Sir, so far as it lay with you to grant me this request 
and to declare that you think it just and reasonable. But to 
my great Mortification the House of Assembly have adopted 
a different Opinion, and seem disposed to support it with 
much perse verence. 

This difference of Opinion has already given great Inter- 
ruption to that Harmony among the several Branches of the 
Legislature which has hitherto been one of the happy Effects 
of your Excellencys Administration. Dissention and un- 
easiness have taken place among the People, and the neces- 
sary Measures of Government are threatened with Obstruc- 
tions, which may be highly pernicious to the Publick Peace 
and welfare of the Province. 

I sincerely thank you Sir, for the Assurances you have 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 383 

been Pleased to give me that you will not remove me from 
my Office before a Trial. But as I agree with your Excel- 
lency in the position mentioned in your Message to the 
Assembly, that the Interests of an Individual ought not to 
be put in Competition with the publick Good, and as I am 
induced to hope that my voluntary Resignation of the Office 
of Treasurer will be so far acceptable to the Honourable 
House of Assembly as to put an End to the unhappy dispute 
now subsisting between your Excellency and them, and 
thereby restore Peace to the Province. I am willing to 
make the Sacrifice in full Confidence that I shall receive from 
the Candour of that Honourable House and the publick, 
such Consideration as is due to the heavy misfortune in 
which through accident I am now involved. But whatever 
may be the Event to myself, I will not be the Cause of con- 
tinuing a publick contention which may in its Consequences 
be abundantly more injurious to the People than the loss of 
the Money of which I have been robbed. 

I therefore request your Excellency's leave to resign the 
Office of Treasurer of the Eastern Division of New Jersey, 
and ardently hope it will have the Salutary Effect I have 
mentioned. 

I am with great Respect your Excellency's most Obedient 
humble Servant 

February 24 th 1774 STEPHEN SKINNER. 

Whereupon the Council unanimously advised his Excel- 
lency to Accept M r Skinners Resignation of his said Office 
of Treasurer, and his Excellency was Pleased to accept the 
same accordingly. 

His Excellency was then Pleased to nominate M r Philip 
Kearney jun r of Perth Amboy as a proper Person to succeed 
M r Skinner in the said Office of Treasurer of the Eastern 
Division, and who he said was the only Person who had been 
recommended to him excepting John Smyth Esq. of Perth 
Amboy: And His Excellency was Pleased to ask the Advice 



384 NEW JERSEY COLONIAL DOCUMENTS. [1774 

of the Council respecting the appointment of the said M r 
Kearny. 

The Council having deliberated thereupon, and having 
taken into Consideration the present State of this Province 
consequent upon the late dispute between the Governor and 
Assembly respecting the removal of M r Skinner from the 
Office of Treasurer ; Although they doubt not the Integrity 
and Ability of M r Kearny, yet they are unanimously of 
Opinion that at this Conjuncture it would not be expedient 
for his Excellency to appoint the said M r Kearney. 

After which his Excellency asked Advice of the Council 
as to the Appointment of the said M r Smyth : And it appear- 
ing to the Council that the Appointment of M r Smyth at this 
time would be more likely to restore that Peace and Har- 
mony among the several Branches of the Legislature, and 
Quiet to the People, so essential to the happiness of the whole, 
than any other Person who could be obtained, The Council 
therefore for these Eeasons, unanimously advised his Excel- 
lency to appoint the said M r Smyth to succeed M r Skinner in 
the Office of Treasurer of the Eastern Division of *this 
Province. 



At a Council held at Burlington the 28 th day of February 
1774 

Present 
His Excellency The Governor 

John Stevens Esq. James Parker Esq. 

Samuel Smith Esq. Richard Stockton Esq. 

His Excellency was Pleased to lay before the Board a Let- 
ter from Collonel Jacob Ford jun r dated the 17 th of January 
last, accompanied with two Certificates and an Affidavit, viz fc 

A Certificate from John Carle Esq. Foreman of the Grand 
Jury at the late Court of Oyer and Terminer held in the 
County of Morris in August & September last, that the said 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 385 

Grand Jury, after examining the Charges exhibited against 
the said Coll 1 Ford, Voted that no Bill should be found 
against the said Collonel Ford, and that the Charges contained 
in the Minutes of the said Grand Jury against the said Col- 
lonel Ford have since been cleared up to the satisfaction of 
the said John Carle. 

A Certificate from Cornelius Ludlow Foreman of the 
Grand Jury at the late Court of Quarter Sessions held in the 
said County of Morris in December last, setting forth that 
nothing did appear to the said Grand Jury against the said 
Collonel Ford worthy of Complaint or presentment And 
that the said Cornelius Ludlow is fully convinced that Mat- 
ters have been heretofore much misrepresented and much to 
the Prejudice of the said Collonel Ford. 

And an Affidavit of Joseph Morris declaring that if he 
did formelly say on his Oath before the Grand Jury that " at 
"a Private appointed Meeting in the Year 1769, Jacob Ford 
"jun r Esq did advise Me to go away so as not to be an Evi- 
" dence against Samuel Ford," he misunderstood himself, for 
that being asked these Questions since he cannot remember 
any appointed Meeting, or that Collonel Ford ever advised 
him to go away so as not to be an Evidence against Samuel 
Ford. 

And his Excellency was Pleased to ask the Advice of the 
Council whether it would now be proper to proceed to the 
Final Examination of the Complaints against the said Col- 
lonel Ford which were laid before the Board on the 20 th of 
December last. 

The Council taking the same into consideration advised 
his Excellency to defer such final Examination untill such 
of the Gentlemen of the Council who reside in or near Morris 
County shall be present. 

His Excellency was pleased to Nominate the Honourable 
Richard Stockton Esq. to be one of the Justices of the 
Supreme Court of Judicature in this Province, in the Room 
of Honourable Charles Read Esq. who has resigned. 

25 



386 NEW JERSEY COLONIAL DOCUMENTS. [1774 

To which the Council unanimously assented. His Excel- 
lency was Pleased to Nominate Maskell Ewing and Ephraim 
Harris Esq to be Judges of the Pleas in the County of 
Cumberland, and Thomas Maskell Ephraim Suly jun r and 
Elijah Hand to be Justices of the Peace in the eaid County, 
to which nominations the Council assented. 



At a Council held at Burlington the 3 d day of March. 1774 

Present 
His Excellency The Governor 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 
Richard Stockton Esq. 

His Excellency was pleased to lay before the Board a 
Petition from sundry Persons in behalf of themselves and 
the other Inhabitants of the Township of Great Eggharbour, 
setting forth that at a Town Meeting in March 1772 the 
said Inhabitants had agreed that the said Township should 
be divided, and part thereof erected by Patent into a new 
Township by certain Metes and bounds described in a Map 
accompanying the said Petition. 

The Council taking the same into Consideration and 
observing that there are but few signers to the said Petition 
advised his Excellency to Order Notice to be given to the 
Inhabitants of the said Township to shew Cause if any they 
have on the first day of April next, why the said Division 
should not be made and a Patent be issued agreeably to the 
Prayer of the said Petition. 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 387 

At a Council held at Burlington the 9 th day of March 1774 

Present 
His Excellency The Governor 

John Stevens Esq. Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

His Excellency was Pleased to lay before the Board a 
Message from the House of Assembly in the words following 
viz* 

House of Assembly March 9 th 1774 

" Ordered, that M r Kinsey and M r Mehelm do wait on his 
" Excellency and inform him 

" That this House have received a Message from the " 
" Council informing them that the Bill intituled An Act to " 
" Authorize the present Treasurer of the Eastern Division " 
" to bring an Action against the late Treasurer of the said " 
"Division for the Sum of six thousand five hundred and" 
" seventy Pounds nine shillings and four Pence, for which " 
"the said late Treasurer claims an allowance in his" 
" Accounts alledging the same to have been stolen from the " 
" Treasury, and for other Purposes therein mentioned " has 
passed that House, and therefore, do request that his Excel- 
lency will be Pleased to inform this House whether he will 
give his Assent thereto or not ? in order if the last should be 
the Case they may endeavor to fall on some expedient to 
Effect the final settlement of that affair, or make Provision 
to prosecute the Suit pointed out by his Excellency in his 
Answer of the fourteenth of February last past to a Message 
of this House 

And his Excellency was Pleased to ask the Advice of the 
Council whether it would be proper for him, all Circum- 
stances considered, to give his Assent to the said Bill or not ? 

The Council having taken the same into Consideration, 



388 NEW JERSEY COLONIAL, DOCUMENTS. [1774 

and for some time deliberated thereon, desired farther time to 
consider till tomorrow morning. 

His Excellency was Pleased to Nominate Joseph Throc- 
morton to be a Justice of the Peace in the County of Mon- 
mouth, to which the Council Assented. 



At a Council held at Burlington the 10 th day of March 1774 

Present 
His Excellency The Governor 

John Stevens Esq. Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Council resumed the Consideration of the Subject 
mentioned in the Message from the House of Assembly 
which was laid before the Board by his Excellency yesterday ; 
And his Excellency now laid before the Board one of the 
Royal Instructions, which requires him not to pass or give 
his Consent to any Bill or Bills of a new or extraordinary 
Nature and Importance wherein the Prerogative of the 
Crown, or the Property of the Kings Subjects may be 
prejudiced. 

The Council having considered the said Instruction and 
finding that Laws of a simaler nature have been heretofore 
passed in this Province, And also in New York, were of 
Opinion that the said Instruction does not interfere with the 
passing the Bill now under Consideration, so far as respects 
the Royal Prerogative ; But it being suggestive that it might 
possibly be injurious to the private Interest of M r Skinner it 
was proposed that he should be called in and examined on 
that point. 

M r Skinner accordingly attended, and being asked by his 
Excellency whether he apprehended the passing the said Bill 



1774] JOURNAL OF GOVERNOR AND COUNCIL,. 389 

into a Law would put him in a worse situation with respect 
to the suit to be brought against him, or in any way be pre- 
judicial to him? he answered that if he had apprehended the 
said Bill would have such a tendency, he should have made 
Application to prevent its being passed into a Law. But 
that, as his only wish was to have the Merits of his Cause 
fairly tryed, and as, from anything that had occurred to him 
or from any Advice he had received from his Council he had 
no Reason to apprehend the said Bill would be any way 
injurious to him, he had no objection to its being passed into 
a Law. 

Whereupon the Council advised his Excellency to give his 
Assent to the said Bill. 

His Excellency was Pleased to lay before the Board two 
Bills which had passed the two Houses, one of which is in- 
tituled "An Act to Oblige the Treasurers of the Colony of 
" New Jersey to give security for the due Execution of their 
" Offices, and to prescribe the Mode in which the same Se- 
" curity shall be taken " and the other intituled "An Act for 
" striking One hundred thousand Pounds in Bills of Credit, 
" and to prescribe the Mode of sinking the same," And to 
ask the Advice of the Council whether it would be proper 
for him to give his Assent to the said Bills. 

The Council having taken the same into Consideration 
unanimously advised his Excellency to give his assent to the 
said two Bills. 



At a Council held at Burlington the 11 th day of March 1774 

Present 
His Excellency The Governor 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 
Richard Stockton Esq. 



390 NEW JERSEY COLONIAL DOCUMENTS. [1774 

His Excellency with the advice of the Council was Pleased 
to sign Warrants directed to the Treasurers of New Jersey or 
either of them directing them to pay 

No 665 To himself or order for one Quarters 
Salary as Commander in Chief of 
this Colony ending the 1 st of Janu- 
ary last 300,, 0,, 

666 To the same for one Quarters House 

Kent ending at the same time 15 

667 To the Honble David Ogden Esq for 

one Quarters Salary as one of the 
Justices of the Supreme Court end- 
ing at the same time 37 ,,10,, 

668 To the Honble Samuel Smith Esq. for 

one Quarters Salary as one of the 

Treasurers ending at the same time.. 10 

669 To Cortland Skinner Esq. Att y Gen- 

eral for one Q Salary ending at 

the same time....... 10,, 0,, 0- 

670 To Charles Pettit Esq. Deputy Clerk 

of the Council for one Quarters 

Salary ending at the same time 7 10 

No 671 To Charles Pettit for the use of 
Joseph Warrell Esq. Clerk of the 
Circuits for one Quarters Salary 
ending at the same time 5,, 0,, 

672 To John Carty Doorkeeper to the 

Council for one Quarters Salary 

ending at the same time 2 ,,10,, ft 

673 To Joseph Smith Esq. for the use of 

Docter Benjamin Franklin Agent 
for this Colony at the Court of Great 
Britain for one Q" Salary ending at 
thesametime 25,, 0,, 

674 To Charles Pettit Esq. being the Sum 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 391 

allowed him in the Support Bill for 
Extraordinary Services 20,, 0,, 

675 To the Hofible Peter Kemble Esq. one 

of the Members of His Majesty's 
Council for forty-three days attend- 
ance at the Session of the General 
Assembly begun the 10 th day of 
November last at 6/ P Day 12 18 

676 To the Hofible David Ogden Esq. one 

of the Members of His Majesty's 
Council for thirty eight days attend- 
ance in the like manner,. 11 8 

N 677 To the R* Hofible the Earl of Stirling 
one of the Members of His Majesty's 
Council for thirty five days attend- 
ance in like manner 10 10 

678 To the Hofible John Stevens Esq. one 

of the Members of His Majesty's 
Council for sixty eight days attend- 
ance in like manner 20,, 8,, 

679 To the Hoflble Samuel Smith Esq. one 

of the Members of His Majesty's 
Council for eighty days attendance 
in like manner 24,, 0,, 

680 To the Hofible James Parker Esq. one 

of the Members of His Majesty's 
Council for seventy nine days in 
like manner 23 14 

681 To the Hofible Frederick Smyth Esq. 

one of the Members of His Majesty's 
Council for forty nine days attend- 
ance in like manner 14 14 

682 To the Hofible Richard Stockton Esq. 

one of the Members of His Maj- 
esty's Council for eighty eight days 
attendance in like manner 26 8 



392 NEW JERSEY COLONIAL DOCUMENTS. [1774 

683 To the Hofible Stephen Skinner Esq. 

one of the Members of His Majesty's 
Council for seventy two days attend- 
ance in like manner 21 12 

684 To the Hofible Daniel Coxe Esq. one 

of the Members of His Majesty's 
Council for eighty four days attend- 
ance in like manner.. 25 4 

IN 685 To the Hofible John Lawrence Esq. 
one of the Members of his Majesty's 
Council for eighty days attendance 
in like manner 24,, 0,, 

686 To the Hofible Stephen Skinner Esq. 

late one of the Treasurers for can- 
celling 7840 ,,16 ,,6 being the 
Amount of the Sinking Fund for 
the Years 1769 & 1770 P Certifi- 
cates produced in Council 78,, 8,, 2 

687 To Edward Hasswell Sergeant at 

Arms to the Council for eighty days 
attendance during the Session of 
Assembly begun the 10 th November 
lastat3PDay 12,, 0,, 

688 To David Overton Doorkeeper to the 

House of Assembly for eighty days 

attendance as above at 3/6 P Day... 14 

689 To Thomas Witherill Sergeant at 

Arms to the House of Assembly for 

eighty days attendance at 3/P Day.. 12,, 0,, 

690 To his Excellency William Franklin 

Esq. for the use of the Hofible 
Charles Read Esq. for the Salary of 
the said Charles Read from the 21 st 
of May to the 1 st of October last, 
as one of the Justices of the 
Supreme Court 36,, 2,, 2 



1774] JOURNAL OF GOVERNOR AND COUNCIL. 393 

691 To the Honble David Ogden Esq. for 
holding a Circuit Court in Morris 
in Septem r last, and a Circuit Court 
in Essex in September last 20 



At a Council held at Burlington the 31 st day of March 1774 

Present 
His Excellency The Governor 

Samuel Smith Esq. 
Daniel Coxe Esq. 
John Lawrence Esq. 

His Excellency was Pleased to sign the following Warrants 
directed to the Treasurers of New Jersey, or either of them 
ordering them to pay 

No 692 To himself or Order for one Q" Sal- 
ary as Commander in Chief of the 
Colony ending this day , 300,, 0,, 

693 To the same for one Q rs House Rent 

ending this Day 15,, 0,, 

694 To the Hofible David Ogden Esq. one 

of the Judges of the Supreme Court 

for one Q Salary ending this day.. 37 10 

695 To the Hofible Samuel Smith Esq. one 

of the Treasurers for one Q Salary 

ending this day 10,, 0,, 

696 To Cortland Skinner Esq. Att 7 Gene- 

ral for one Q rs Salary ending this 

day 10,, 0,, 

697 To Charles Pettit Esq. Deputy Clerk 

of the Council for one Q Salary 

ending this day 7 10 

698 To Joseph Smith Esq. for the use of 



394 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Doctor Benjamin Franklin Agent 
for this Colony for one Q rs Salary 
ending this day 25,, 0,, 

699 To Joseph Warrell Esq. Clerk of the 

Circuits for one Q Salary ending 

this day..... 5,, 0,, 

700 To Richard Smith Esq. one of the 

Clerks of the Assembly for the 
Amount of his Account for Services 
at the last Session of the General 
Assembly 122,, 7,, 4 

701 To John Carty Doorkeeper to the 

Council for one Q rs Salary ending 

this day 2 ,,10,, 

His Excellency was pleased to lay before the Board the 
Memorial of Micajah Willets Esq. one of the Justices of the 
Peace in the County of Monmouth requesting leave to resign 
his said Office, whereupon the Council advised his Excellency 
to Order that a Supercedeas do issue directed to the said Mi- 
cajah Willets. 

His Excellency was pleased to lay before the Board a 
Memorial and Certificate from sundry of the Inhabitants of 
Great Eggharbour in the County of Gloucester, shewing 
that the Division of the said Township as set forth in the 
Petition from some of the Inhabitants of the same presented 
to the Board on the third day of January last was made at a 
publick Annual Town Meeting of the Inhabitants in March 
1772, and that the Granting a Patent pursuant to the Prayer 
of the said Petition will be highly agreeable to the generality 
of the People of the said Township, without being displeas- 
ing to any of them. 

Whereupon the Council advised his Excellency to Order 
that a Patent do issue pursuant to the Prayer of the said 
Petition 

His Excellency was pleased to Nominate Baldwin Wake 
to be a Justice of the Peace in the County of Burlington and 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 395- 

William Pidgeon Esq. to be a Justice of the Peace in the 
Counties of Burlington and Monmouth, to which the Council 
Assented. 

Samuel Allinson Esq. being appointed by the Legislature 
to Collate and publish a new Edition of the Laws of this 
Colony, and having requested leave to peruse the Minutes of 
the Council relative to the said Laws. 

It is Ordered that he have leave to peruse the three first 
volumes of the Minutes of Council. 

A true Copy of the Minutes of the Privy Council of New 
Jersey from the 22 d Day of February 1773 to the 31 st Day 
of March 1774 inclusive 

Examined by 

CHA S PETTIT D Seer 7 

& Clerk of the Council. 



A Journal of the Votes and proceedings of 

His Majesty's Council for the Province of New 

[L. S.] Jersey, at a Session of the General Assembly 

begun and holden at the City of Burlington 

in and for the said Province on Wednesday 

the tenth day of November in the fourteenth Year of the 

Reign of His Majesty King George the Third. Anno 

Domini 1773. 



Wednesday November 10 th The House met 

Present 

David Ogden Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

The Chief Justice 

The House continued till tomorrow 



396 NEW JERSEY COLONIAL DOCUMENTS. [1773 



Thursday November 11 th The House met 

Present 

David Ogden Esq. Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The Chief Justice John Lawrence Esq. 

The House continued till tomorrow 



Friday November 12 th The House met 

Present 

David Ogden Esq. .Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The Chief Justice John Lawrence Esq. 

His Excellency came into the Council Chamber and having 
by the Deputy Secretary commanded the Attendance of the 
House of Assembly, the Speaker with the House attended, 
when his Excellency was pleased to make a Speech to both 
Houses in the following words. 

Gentlemen of the Council, and Gentlemen of the General 

Assembly. 

A discovery was made some time in the begining of the 
last Summer of a number of Persons in the Counties of 
Middlesex and Monmouth, concerned in making a base kind 
of half- Johannes and Spanish Dollars, which happily led to 
the discovery of another Gang of Yillians in the Counties of 
Morris and Sussex, who had for several years past been em- 
ployed in counterfieiting and passing the Paper Currency of 
this and the neighbouring Colonies. From the Confessions 
of some of them corroborated by many striking Circumstances, 
the Affair of the Robbery of the Treasury, which had 
remained so long enveloped in Darkness, has likewise been 
brought to Light. Unluckily some of each Gang have made 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 397 

their Escape out of the Province, but all of the former who 
were apprehended, and one of the Chief of the latter, have 
received that Punishment for their Crimes, which the Law 
would permit. Three others who were sentenced to Death, 
have been respited, for very particular Reasons, as you will 
see by the Papers I shall Order to be laid before you. No 
Endeavors have been, or shall be, wanting, on my part, to 
have those who escaped apprehended and brought to Justice. 
As the mischief in which these Persons were engaged is of 
such extensive and pernicious a Nature, I cannot but con- 
gratulate you upon the Stop which has been put to its 
further Progress : Nor can I doubt but you will think with 
me, that the Thanks and grateful Acknowledgments of the 
publick are due to those Gentlemen who have with great 
Zeal and Abilities, and with considerable Trouble, and 
Expence, been the Means of detecting and apprehending the 
Authors of it. On this Occasion, I think it proper to recom- 
mend to you, the passing of a Law to make it Felony to 
counterfiet in this Province the Silver and Gold Coins of 
Foreign Countries, Many of them have now so general a 
circulation here, that the mischiefs resulting from their being 
counterfieted, may be as destructive as the counterfieting of 
our own Paper Currency. 

Gentlemen of the General Assembly 

Besides making due Provision for the Support of Govern- 
ment, I have to request that you would grant a supply for 
the King's Troops now stationed in this Colony. As I 
apprehended it would be very inconvenient to your private 
Affairs, had I called you together at the Season when the 
Troops arrived, I desired Major General Haldimand to let 
the Barrack Master General furnish the Troops with the 
usual necessaries supplied by the Province, and gave him 
Reason to expect that you would at your first meeting, pro- 
vide for any reasonable Expence which might be incurred on 
that Account. This the General was so Obliging as to do 



398 NEW JERSEY COLONIAL DOCUMENTS. [1773 

and I trust you will not be deficient in evincing that you 
have a proper sense of the Kindness. The Barrack Masters 
Accounts shall be laid before you as soon as they can be pre- 
pared. 

I must likewise recommend it to you to enable me as soon 
as possible to offer such Rewards and Encouragements for 
apprehending and bringing to Justice the Persons accused of 
Counterfieting our Paper Currency and robbing the Treas- 
ury, as will become the Honor of the Province and the Im- 
portance of the Occasion. For want of a Fund appropriated 
to answer contingent Expences, this Province often Labours 
under Considerable disadvantages. In all probability if 
Government had been empowered to hire a number of active 
Men to have gone off immediately in different Parties in pur- 
suit of those Delinquents they would ere now have received 
the Punishment due to their Crimes. 

Gentlemen of the Council, and Gentlemen of the General 

Assembly. 

I am never so happy as when I have an Opportunity of 
promoting the publick welfare, and as I know of nothing 
which has a chance to contribute more to that desirable End, 
than Harmony between the several Branches of the Legisla- 
ture, I shall not fail to cultivate it as much as may be in my 
Power, and I flatter myself that I shall, during the Course of 
the ensuing Session, meet with the same disposition on your 
Parts. 

Council Chamber 1 W m FRANKLIN. 

November 12 th 1773 / 

The House continued till tomorrow 



1773] JOUKNAL OF THE PROVINCIAL COUNCIL. 399 



Saturday November 13 th The House met 

Present 

David Ogden Esq. Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The Chief Justice John Lawrence Esq 

The House continued till Monday. 



Monday November 15 th The House met 

Present 

David Ogden Esq. The Chief Justice 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The House continued till tomorrow 



Tuesday November 16 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

James Parker Esq. 

The House continued till tomorrow 



Wednesday November 17 th the House met 



Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

James Parker Esq. 



400 NEW JERSEY COLONIAL DOCUMENTS. [1773 

Collonel Ford and M r Vanhorne from the House of As- 
sembly presented for the Concurrence of this House a Bill 
intituled "An Act to Naturalize Lucas Van Beverhoudt," 
which was read the first time and ordered a second reading. 

The House continued till tomorrow 



Thursday November 18 th The House met 

Present 

David Ogden Esq The Chief Justice 

Samuel Smith Esq. Richard Stockton Esq. 

James Parker Esq. John Lawrence Esq. 

The House continued till tomorrow 



Friday November 19 th The House met 

Present 

David Ogden Esq Eichard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Chief Justice. 

The Bill intituled "An Act to Naturalize LucasjVan 
Beverhoudt " was read a second time and Committed to the 
Members of this House or any three of them. 

The House continued till tomorrow 



Saturday November 20 th The House met t 

Present 

David Ogden Esq. Richard Stockton Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Chief Justice 






1773] JOURNAL OF THE PROVINCIAL COUNCIL. 401 

M r Fisher and M r Wetherill from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for lowering the Interest of Money to six per Cent 
within this Colony " and 

A Bill intituled "An Act to Enable sundry of the Owners 
and Possessors of Meadows and Tide Marsh lying on Masons 
Creek in the Township of Evesham in the County of Bur- 
lington, to Erect and maintain a Bank Dam and other Water 
Works across the said Creek in Order to prevent the Tide 
from overflowing the same 

Which Bills were read the first time and severally ordered 
a second reading. 

M r Gibbon and M r Eldridge from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Owners and Possessors of a Tract of 
Marsh and Meadow in Lower Penns Neck in the County of 
Salem to uphold and maintain a certain Bank for draining 
the said Marsh, and for other purposes therein mentioned." 

Which was read the first time and ordered a second 
Reading. 

The House continued till tomorrow 



Tuesday November 23 d The House met 

Present 

Peter Kemble Esq. The Chief Justice. 

David Ogden Esq. Daniel Coxe Esq. 

Samuel Smith Esq. . John Lawrence Esq. 

James Parker Esq. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act to naturalize Lucas Van Beverhoudt " 
reported that the said Committee had gone through the said 
Bill and had made sundry Amendments thereto which he 
was ready to report when the House would be Pleased to 
receive the same. 

26 



402 NEW JEKSEY COLONIAL DOCUMENTS. [1773 

Ordered, that the said Report be made immediately. 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

And the same Amendments being again read, were approved 
by the House, and ordered to be ingrossed. 

The ingrossed Amendments to the Bill intituled "An Act 
to Naturalize Lucas Van Beverhoudt " being read and com- 
pared 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to Naturalize Lucas Van 
Beverhoudt " was read the third time, with the Amendments 
in their Places. 

On the Question 

Ordered, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Coxe do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

M r Coxe reported that he had Obeyed the Order of the 
House. 

A Message from the House of Assembly in the words fol- 
lowing. 

"Ordered, that M r Wetherill, M r Crane, M r Sykes, M r 
Tucker, M r Demarest, M r Hinchman and M r Shepherd, or 
any three of them be a Committee to join a Committee of the 
Council to adjust the Western Treasurers Accounts, and burn 
the Cancelled Money in his Hands, and make Report to the 
House." 

" Ordered, that the said Committee or any three of them 
do in conjunction with a Committee of the Council settle all 
publick Lottery Accounts that may come before the House 
this Session." 

" Ordered, that M r Dey and M r Roy do inform the Council 
thereof and desire the Council to appoint a Committee to join 
the Committee of this House, to settle the Accounts afore- 
said, together with the time and Place of Meeting. 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 403 

M r Holme and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Owners and Possessors of a Tract of 
Marsh and Swamp in Upper Penns Neck in the County of 
Salem, to Erect and Maintain a Bank Dam and other Water 
Works in Order to prevent the Tide from overflowing the 
same," Which Bill was read the first time and ordered a 
second reading. 

M r Taylor and M r Coombe from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the better preserving of Oysters in the Colony 
of New Jersey," Which Bill was read the first time and 
ordered a second reading. 

The House continued till tomorrow 



Wednesday November 24 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Kichard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

M r Winds and M r Pettit from the House of Assembly 
brought up from thence the Bill reingrossed with the Amend- 
ments made by this House, intituled "An Act to Naturalize 
Lucas Van Beverhoudt," Which reingrossed Bill being read 
and compared 

On the Question 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to enable sundry of the Owners 
and Possessors of Meadows and Tide Marsh lying on Masons 
Creek in the Township of Evesham in the County of Bur- 
lington to Erect and maintain a Bank Dam and other Water 
Works &c was read a second time and ordered a third reading. 



404 NEW JERSEY COLONIAL DOCUMENTS. [1773 

The Bill intituled "An Act to Enable the Owners and 
Possessors of a Tract of Marsh and Meadow in Lower Penns 
Neck in the County of Salem to uphold and maintain a 
certain Bank for draining the said Marsh and for other pur- 
poses therein mentioned" was read the second time and 
Ordered a third reading. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of a Tract of Marsh and Swamp in upper Penns 
Neck in the County of Salem to Erect and Maintain a Bank 
Dam and other Water Works in order to prevent the Tide 
from overflowing the same" was read a second time and 
ordered a third reading. 

The Bill intituled "An Act for the better preserving of 
Oysters in the Colony of New Jersey" was read a second 
time and ordered a third reading. 

The Bill intituled "An Act for lowering the Interest of 
Money to six per Cent within this Colony" was read the 
second time and committed to the Members of this House or 
any three of them. 

M r Fisher and M r Wetherill from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the better Regulation of Juries" which was 
read the first time, and ordered a second reading. 

The House continued till tomorrow 



Thursday November 25 th The House met 

Present. 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

M r Mehelm and M r Gibbon from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 405 

"An Act for the Relief of Abner Hetfield an Insolvent 
Debtor " Which was read the first time and ordered a second 
Beading. 

The Bill intituled "An Act to Enable Sundry of the 
Owners and Possessors of Meadows and Tide Marsh lying 
on Masons Creek in the Township of Evesham in the County 
of Burlington, to Erect and maintain a Bank Dam, and other 
Water Works across the said Creek in order to prevent the 
Tide from overflowing the same " was read the third time, and 

On the Question, 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of a Tract of Marsh and Meadow in lower Penns 
Neck in the County of Salem, to uphold and maintain a 
certain Bank for draining the said Marsh and for other Pur- 
poses therein mentioned " was read the third time, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to Enable the Owners and 
Possessors of a Tract of Marsh and Swamp in upper Penns 
Neck in the County of Salem" to Erect and maintain a 
Bank, Dam, and other Water Works in order to prevent the 
Tide from overflowing the same " was read the third time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act for the better preserving of 
Oysters in the Colony of New Jersey " was read the third 
time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Skinner do acquaint the House of As- 
sembly that the four last mentioned Bills are passed by this 
House without any Amendments. 



406 NEW JERSEY COLONIAL DOCUMENTS. [1773 

M r Skinner reported that he had obeyed the Order of the 
House. 

The Bill intituled "An Act for the better Regulation of 
Juries " was read the second time, and 

On the Question 

Resolved, that the said Bill be committed to the Members 
of this [house] or any three of them. 

The House continued till tomorrow 



Friday November 26 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

The Bill intituled "An Act for the Relief of Abner Het- 
field an Insolvent Debtor" was read the second time and 
Ordered a third reading. 

The House continued till tomorrow 



Saturday November 27 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

The Bill intituled "An Act for the Relief of Abner Het- 
field an Insolvent Debtor " was read the third time, and 
On the Question 



1773] JOURNAL OF THE PRO VINCI AL COUNCIL. 407 

Kesolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly that the said Bill is passed by this House without 
any Amendment. 

M r Stockton reported that he had obeyed the Order of the 
House. 

The House continued till Monday. 

Monday November 29 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. 

The House taking into Consideration the Message from 
the House of Assembly of the 23 d Instant. 

Ordered that M p Stevens, M r Stockton & M r Coxe or any 
two of them be a Committee to join the Committee of the 
House of Assembly to adjust and settle the Western Treas- 
urers Accounts, and burn the Cancelled Money in his Hands. 
And also to settle all publick Lottery Accounts that may 
come before the House this Session, and make Report thereof 
to this House, and 

That the said Committees do meet for the purpose afore- 
said at the House of the said Treasurer at three o'Clock to- 
morrow afternoon 

Ordered, that M r Ogden do acquaint the House of Assem- 
bly therewith. 

M r Ogden reported that he had obeyed the Order of the 
House. 

The House continued till tomorrow 



408 NEW JERSEY COLONIAL DOCUMENTS. [1773 

Tuesday November 30 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. 

M r Combs, and M r Eldridge from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
An Act to repair and Amend the publick Roads and Streets 
in the Northern Ward of the City of Perth Amboy and to 
repair the Town Wharf in the said City by a Tax on the 
Inhabitants of the said Northern Ward, and for other Uses 
& Purposes therein mentioned 

Which was read the first time, and ordered a second 
reading. 

The House continued till tomorrow. 



Wednesday December 1 st The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. 

The Bill intituled "An Act to repair and Amend the 
Publick Koads and Streets in the Northern Ward of the 
City of Perth Amboy " &c was read the second time and 
ordered a third reading 

M r Stevens from the Committee appointed to meet a Com- 
mittee of the House of Assembly to adjust and settle the 
Western Treasurers Accounts, and burn the Cancelled 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 409 

Money in his Hands, and to settle all the publick Lottery 
Accounts, that shall come before the House this Session" 
Reported that the said Committees had met according to 
Appointment that they had stated and settled the said Treas- 
urers Accounts and burned the Cancelled Money in his 
Hands, of which proceedings he was ready to make Report 
when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Stevens read the said Accounts in his 
Place and delivered them in at the Table. 

And the said Accounts having been again read and Con- 
sidered by the House 

On the Question, 

Resolved, that the House do approve thereof 

Ordered, that the said Accounts be entered at length on 
the Journals of this House, which are as follow. 

D r Samuel Smith Esq. Treasurer Sinking Fund Ace* C r 

1771 1772 

Nov r 29 th To Ballance reported to May 13. By Bills of Credit Can- 

the Council and Assembly this celled by the Justices and Free- 

day ....................... 2183,, 17 ,,8 holders as P their Certificate 

Nov r To the Sinking Fund Tax di- dated May 13 th 1772 and burned 

rected to be raised this Year viz* by the Committees this first of 

Burlington ................. 1339 11 Dec' 1773 ......... 6856 17 9 

Gloucester ................ 953,,18,,0 



Cap. May .................. 208 ,,13,,- 

Hunterdon ................ 1704,, 16 - b J "' ces 



Susse* ...................... 741..12,,- 

___ as P their Certi- 

6279 13 ficate dated May 

1772 12* 1773 and 

Nov r To the Sinking Fund Tax di- burned by the 

rected to be raised this Year viz* Committees this 

Burlington ................ 1339 11 first of Decem- 

Gloucester ................. 953 ,,18,, ber 1773 .......... 7914,, 6 ,, 



410 



NEW JERSEY COLONIAL DOCUMENTS. 



[1773 



Salem 849 10 

Cumberland 481 13 

Cape May 208 13 

Hunterdon 1704 16 

Sussex 741 ,,12,, 

6279 13 



14743,, 3,, 8 
Ballance due to the 
Treasurer 28,, 0,,5J 



14771,, 



14771,, 4,,1J 



Errors Excepted December 1 st 1773 

By Order of the Committees 

JN STEVENS 
SAM 1 TUCKEB 

D r Samuel Smith Esq Treasurer. Support of C* 

Government 

1771 1773 

Nov r 30 th To Ballance of Ace* reported By Sundry Vouchers from Num- 
to the Council & As- 
sembly this day 828 ,,11,, 8| 



1772 
FebJ 26* To Cash of 

John Hoskins being 

the Ballance of his 

Ace* as Barrack 

Master 9,, 5,, 6 

Aug** 17. To Cash of 

Wilson Hunt on 

Ace* of the Ballance 

due from him to the 

Province 300,, 0,, 

Sept r 24. To Cash of 

the Widow Sharp 

Ex x of Isaac Sharp 

dec d being part of the 

deficient Loan Office 

Money of Salem 

County 161 ,,13,, 0^ 



ber 1 to Number 74 inclusive 
all examined allowed & in- 
dorsed the 30 th of November 

1773 2657 ,,11,, 0* 

Ballance due to 
the Province in- 
cluding the 
Western Moiety 
of One Thou- 
sand Pounds 
which the 
Treasurers are 
directed by Acts 
of Assembly of 
31 of George 
the Second & 12 
of George the 
third to retain 
in their Hands 
for the use of 
the Committee 
of Correspond- 
ence 1079,,19,,H 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 411 

1773 
May 31. To Cash of 

William Hancock 

Exr of William Han- 
cock dec d being part 

of the deficient Loan 

Office Money of Sa- 
lem County 105 ,,18,, 5 

To Cash of Grant Gib- 
bon Adms of Nich 8 

Gibbon dec d being 

part of the deficient 

Loan Office Money of 

Salem County 198 ,,13,, OJ 

Nov* 18 To Cash of 

James Parker Esq in 

part of the Eastern 

Proprietors Bond 600,, 0,, 

To the Taxes of the 

following Counties 

for Support of Gov- 

ernm* payable into 

the Treasury the 21t 

November 1773 viz*.. 

Cumberland .184 17 ,, 

Hunterdon 477,, 7,,0 

Burlington 375,, 1,,- 

Salem 237 17 

Gloucester 267,, 1,,- 

1492,, 3,, 
To 1 old deficiency 

from Cape May 4,, 7 

To 2 old deficiencies 

from Hunterdon 7 11 9 

To 3 old deficiencies 

from Burlington 33,, 9,, 9 



3737 ,,10 ,,11 3737 10 11' 

Errors Excepted December I 8fc 1773 

By Order of the Committees 

JN STEVENS. 

SAM 1 TUCKER. 
The House continued till tomorrow 



412 NEW JERSEY COLONIAL DOCUMENTS. [1773 

Thursday December 2 d The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. * Daniel Coxe Esq. 

Samuel Smith Esq. 

M r Hand and M r Elmer from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
'An Act to suspend the prosecution of the County Collector 
" of Cape May for a limitted time upon certain Conditions 
therein expressed," and 

A Bill intituled "An Act to naturalize Jacob Chestnut- 
wood, which Bills were read the first time, and severally 
Ordered a second reading. 

The House continued till tomorrow 



Friday December 3 d The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The Bill intituled "An Act to suspend the prosecution of 
the County Collector of Cape May" &c was read the second 
Time and Ordered a third reading. 

M r Hinchman and M r Shepherd from the House of 
Assembly presented for the Concurrence of this House a 
Bill intituled "An Act for erecting a Dam Mills and other 
Works on Nacut * Creek in the County of Gloucester and to 

*Nacote. 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 413 

indemnify those whose Property may be injured thereby" 
Which Bill was read the first time, and ordered a second 
reading. 

The House continued till tomorrow 



Saturday December 4 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

M r Price and M r Sykes from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Owners and Possessors of the 
Meadows and Marsh adjoining Repaupo Creek in the County 
of Gloucester, to Erect cast up repair and maintain a Dam 
and Bank, and Water Works sufficient to prevent the Tide 
from overflowing the same " which was read the first time 
and ordered a second Reading. 

The Bill intituled "An Act for Erecting a Dam Mills and 
other Water Works on Nacut Creek in the County of Glou- 
cester and to indemnify those whose Property may be injured 
thereby" was read the second time and Committed to the 
Members of this House or any three of them. 

The House continued till Monday 



414 NEW JERSEY COLONIAL DOCUMENTS. [1773 



Monday December 6 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Eichard Stockton Esq. 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 
James Parker Esq. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of the Meadows and Marshes adjoining Repaupo 
Creek" &c was read the second time and referred to a Com- 
mittee of this House or any three of the Members. 

The House continued till tomorrow 



Tuesday December 7 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Bill intituled "An Act to suspend the Prosecution of 
the County Collector of Cape May for a limitted time " was 
read the third time, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker reported that he had obeyed the Order of the 
.House 

M r Parker from the Committee to whom was referred the 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 415 

Bill intituled "An Act to Enable the Owners of the Meadows 
and Marsh adjoining Repaupo Creek " &c. reported that the 
said Committee had gone through the said Bill without 
making any Amendments thereto and that he was ready to 
report the said Bill when the House would be Pleased to 
receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Bill in his Place and 
delivered it in at the Table. 

The Bill intituled "An Act to Enable the Owners and 
possessors of the Meadows and Marsh adjoining Repaupo 
Creek in the County of Gloucester, to erect, cast up, repair 
and maintain a Dam Bank and Water Works sufficient to 
prevent the Tide from overflowing the same " was read the 
-third time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker reported that he had obeyed the Order of the 
House. 

M r Coombs and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"A Supplementary Act to An Act intituled An Act for the 
regulating Fences" which was read the first time, and 
Ordered a second Reading. 

M r Hewlings and M r Sykes from the House of Assembly 
.presented for the Concurrence of this House a Bill intituled 
"An Act to enable sundry of the Owners and Possessors of 
Meadows and Tide Marsh lying on English's Creek in the 
County of Burlington to erect and maintain a Bank Dam 
and other Water Works across the said Creek in Order to 
prevent the Tide from over flowing the same, and to keep 
the former Water Course of said Creek open and clear, and 
to make the said Dam when erected a publick Landing" 
Which was read the first time, and ordered a second Reading. 



416 NEW JERSEY COLONIAL DOCUMENTS. [1773 

The Bill intituled "An Act to naturalize Jacob Chestnut- 
wood " was read the second time and ordered a third reading. 
The House continued till tomorrow 



Wednesday December 8 th the House met 

Present 

Peter Kemble Esq. The Chief Justice. 

David Ogden Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Bill intituled "An Act to naturalize Jacob Chestnut- 
wood " was read the third time, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

The Bill intituled "A Supplementary Act to An Act 
intituled An Act for the Regulating Fences " was read the 
second time and committed to the Members of this House or 
any three of them 

The Bill intituled "An Act to enable Sundry of the Owners 
and Possessors of Meadows and Tide Marsh lying on 
English's Creek " &c was read the second time and Ordered 
a third reading. 

M r Stockton reported that he had obeyed the Order of the 
House. 

M r Stockton from the Committee to whom was referred 
the Bill intituled "An Act for Erecting a Dam Mills & other 
Water Works on Nacut Creek in the County of Gloucester, 
and to indemnify those whose Property may be injured 
thereby reported that the said Committee had gone through 
the said Bill and made sundry Amendm* 8 thereto, which he 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 417 

was ready to report when the House would be Pleased to 
receive the same 

Ordered, that the said Report be made immediately. 

Whereupon M r Stockton read the said Amendments in his 
Place, and delivered them in at the Table 

And the said Amendments being again read were agreed to 
by the House. 

The Bill intituled "An Act for Erecting a Dam Mills and 
other Water Works on Nacut Creek in the County of Glou- 
cester, and to indemnify those whose Property may be injured 
thereby " was read the third time with the Amendments in 
their Places, and 

On the Question 

.Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Stockton do carry the said Bill & Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

The Bill intituled "An Act to repair and Amend the 
publick Roads and Streets in the Northern Ward of the City 
of Perth Amboy, and to repair the Town Wharff in the said 
City by a Tax on the Inhabitants of the said Northern Ward 
and for other Uses and purposes therein mentioned" was 
read a third time, and 

On the Question . 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Stockton reported that he had obeyed the Order of the 
House 

The House having taken into Consideration his Excellency's 
Speech at the opening of this Session, Resolved, that an 
Address be presented to his Excellency in Answer to the said 

Speech. 

27 



418 NEW JEKSEY COLONIAL DOCUMENTS. [1773 

Ordered, that M r Samuel Smith and M r Chief Justice and 
M r Coxe be a Committee to prepare and bring in a draught 
of the said Address 

The House continued till tomorrow 

Thursday December 9 th The House met 

Present 

Peter Kemble Esq. The Chief Justice. 

David Ogden Esq. Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

M r Price and M r Hewlings from the House of Assembly 
brought up the Bill reingrossed with the Amendments made 
by this House intituled "An Act for erecting a Dam Mills 
and other Water Works on Nacut Creek in the County of 
Gloucester, and to indemnify those whose Property may be 
injured thereby" Which reingrossed Bill being read and 
Compared, 

Ordered, that the Speaker do sign the same 

The House continued till tomorrow 



Friday December 10 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

M r Lawrence from the Committee to whom was referred 
the Bill intituled "A Supplementary Act to An Act intituled 
An Act for the Regulating Fences " reported that the said 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 419 

Committee had gone through the said Bill and made some 
Amendments thereto, which he was ready to report when the 
House would be Pleased to receive the same. 

Ordered that the said report be made immediately 

Whereupon M r Lawrence read the said Amendments in 
his Place and delivered them in at the Table. 

And the same being again read were agreed to by the House 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled An Act for regulating Fences" was read the third time 
with the Amendments in their Places and, 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Lawrence do carry the said Bill and 
Amendments to the House of Assembly, and desire their Con- 
currence with the said Amendments 

M r Lawrence reported that he had obeyed the Order of the 
House. 

M r Ogden with leave withdrew from the House 

The Chief Justice from the Committee appointed to pre- 
pare and bring in the Draught of An Address to his Excel- 
lency in Answer to his Speech at the Opening of the Session, 
reported that the said Committee had prepared a Draught of 
an Address to His Excellency pursuant to the Order of the 
House, which Draught he was ready to Report when the 
House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon the Chief Justice read the said Draught in his 
Place, and delivered it in at the Table. 

And the said Draught being again read was agreed to by 
the House and ordered to be engrossed 

The Engrossed Address being read and compared 

Ordered that the Speaker do sign the same 

Ordered, that M r Skinner and M r Coxe do wait upon his 
Excellency and request to Know when his Excellency will 
be Pleased to receive the Address of this House. 



420 NEW JERSEY COLONIAL DOCUMENTS. [177S 

M r Skinner reported that M r Coxe and himself had waited 
upon his Excellency pursuant to the Order of the House,, 
and that his Excellency was Pleased to say he would be in 
the Council Chamber tomorrow morning and would then be 
ready to receive the Address of the House. 

The House taking into Consideration the Advantages 
resulting to the publick from the Prosecution and Conviction 
of the Counterfeiters of the Current Money of this Province, 
with the Discoveries made relative to the Robbery of the 
Eastern Treasury, and being convinced that those valuable 
services were principally effected by the prudent Conduct and 
Commendable Zeal in the Cause of publick Justice exerted 
by certain worthy Magistrates and others in the Course of 
those prosecutions. 

Resolved, that the Thanks of this House be given to the 
Honourable M r Justice Ogden, the Attorney General, Samuel 
Tuthill, and Samuel Ogden Esq as a Testimony of the 
Approbation of this House of the Conduct of those Magis- 
trates and other Gentlemen Active in the prosecutions above 
alluded to. 

The House continued till tomorrow 



Saturday December 11 th The House met 

Present 

Peter Kemble Esq. James Parker Esq. 

David Ogden Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. Daniel Coxe Esq. 

Samuel Smith Esq. John Lawrence Esq. 

M r Wetherill and Collonel Ford from the House of Assem- 
bly brought back the Bill intituled "A Supplementary Act 
to an Act intituled An Act for the regulating Fences " re- 
ingrossed with the Amendments of this House Which rein- 
grossed Bill being read and compared 



1773] JOUBNAL OF THE PROVINCIAL COUNCIL. 421 

Ordered, that the Speaker do sign the same. 

His Excellency came into.the Council Chamber and having 
signified to the House that he was ready to receive their 
Address, The House waited upon his Excellency and by their 
Speaker presented their Address in the following words. 

To His Excellency William Franklin Esq. Captain Gen- 
eral, Governor, and Commander-in-Chief in and over the 
Province of New Jersey, and Territories thereon depending 
in America, Chancellor and Vice Admiral in the same &c 

The humble Address of His Majesty's Council for the 
said Province. 

May it Please your Excellency, 

We his Majesty's most dutiful and Loyal Subjects, the 
Council of the Province of New Jersey, beg leave to return 
our Thanks for your Excellency's Speech at the Opening of 
this Session, in which We discern such sentiments of Zeal for 
the Honour and Real welfare of the Province, as justly call 
for our warmest Acknowledgements and Approbation. 

The mischieveous Consequences resulting to the publick 
from the frequency of the Crime of counterfeiting the Cur- 
rent Money of this and the neighbouring Colonies, became of 
late so truly alarming that we must consider it a fortunate 
Event that some of the Perpetrators of that Crime have been 
apprehended and brought to Justice in this Province. The 
Advantages to the publick from the Prosecution of those 
Offenders will We hope be greatly Augmented by the dis- 
covery of the Roberry of the Eastern Treasury, which the 
Confession of some of those Criminals, confirmed by so 
many Corrobarating Circumstances since brought to View 
seem fully to evince; and we earnestly hope that the 
Measures taken by Government to attain the Justice due to 
the publick for the Perpetration of such daring Crimes, may 
at length be crowned with that Success which may reasonably 
be expected from Endeavors so laudably exerted for that 
purpose. 



422 NEW JERSEY COLONIAL DOCUMENTS. [1773 

We heartily concur with your Excellency, that the thanks 
and grateful Acknowledgements of the publick are due to 
those Magistrates and others, whose Zeal in the Cause of 
publick Justice, exerted in the several prosecutions alluded 
to in your Speech reflect the highest Honour upon themselves, 
and must be productive of very beneficial Consequences to 
the publick. We have so high a sense of the Merit and Ser- 
vices of those Gentlemen, that We think them intitled to 
more substantial Marks of the favour of Government than 
mere thanks and commendations, as it must ever be consistent 
with sound Policy, and with the Principals of good Govern- 
ment to encourage by every persuasive Incitement, Zeal to 
maintain, and resolution to enforce those Laws upon the due 
Execution of which secret Villanies and open Violencies may 
be detected and brought to Justice. 

We trust sir that a disposition for Harmony and Modera- 
tion so essential to the regular dispatch of publick Business, 
and which this House would ever wish to Convince your 
Excellency they are actuated by will be evident in their 
Transactions of this Session and be perfectly consistent with 
the Duty we owe to our Sovereign, to the publick, and to our 
own Station. 

Council Chamber \ By Order of the House 
December 10 th 1773 ) PETER KEMBLE Speaker 

To which his Excellency was Pleased to make the follow- 
ing Reply. 

Gentlemen. 

I return you my hearty Thanks for this obliging Address. 

The Experience I have had of your Attention to the 
publick good, convinces me that I may always Rely on your 
Assistance in promoting the Reputation and Prosperity of 
the Province : and it ever Affords me Pleasure to find my 
Opinion in publick Matters concurring with your Sentiments, 
and my publick Conduct meeting with your Approbation. 

The House continued till Monday 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 423 

Monday December 13 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Stephen Skinner Esq. 

John Stevens Esq. John Lawrence Esq. 

Samuel Smith Esq. 

M r Tucker and M r Lawrence from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the more effectually suppressing Vice and Im- 
morality " which was read the first time and ordered a second 
reading. 

M T Hand and M r Elmer from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 
Act to Enable the Owners and Possessors of Marshes, 
Meadows, and Swamps bounding on the South West Side of 
Raccoon Creek between the Banks of Constantine Wilkins 
and Conrad Shoemaker in the Township of Woolwich and 
County of Gloucester, Known by the name of the Thorough- 
fare Island Marshes Meadows, and Swamps to stop out the 
Tide from overflowing the same and for other purposes 
therein mentioned Which was read the first time and Ordered 
a second Reading. 

The House continued till tomorrow 



Tuesday December 14 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

The Bill intituled "An Act to Enable the Owners and 
Possessors of Marshes, Meadows and Swamps bounding on 



424 NEW JERSEY COLONIAL DOCUMENTS. [1773 

the South West side of Raccoon Creek " &c was read the 
second time and ordered a third reading. 

M r Mehelm and M r Hewlings from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for rebuilding repairing and maintaining the Draw 
Bridge over Crosswicks Creek in the County of Burlington 
and for repairing the Causeways adjoining said Bridge" 
which was read the first time, and Ordered a second Reading. 

M r Roy and M r Elmer from the House of Assembly pre- 
sented for the Concurrence of this House 

A Bill intituled "An Act to revive part of An Act in- 
tituled An Act to Impower the Inhabitants of the Townships 
of Bridgewater and Bedminster in the County of Somerset, 
to repair their publick Highways by Hire, and to raise Money 
for that purpose, and 

A Bill intituled "An Act to postpone the Payment of the 
Provincial Taxes into the Treasury of this Colony for one 
Month, and for other purposes therein mentioned," Which 
Bills were read the first time and severally ordered a second 
reading. 

The Bill intituled "An Act for rebuilding repairing and 
maintaining the Draw Bridge over Crosswicks Creek " &c 
was read the second time and ordered a third reading. 

The Bill intituled "An Act to Enable sundry of the 
Owners and Possessors of Meadows and Tide Marsh lying 
on English's Creek" &c was read the third time and, On the 
Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of As- 
sembly therewith 

M r Stockton reported that he had Obeyed the Order of 
the House 

The House continued till tomorrow 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 425 

Wednesday December 15 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Eichard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq Daniel Coxe Esq. 

The Bill intituled "An Act to revive part of An Act in- 
tituled "An Act to Impower the Inhabitants of the Town- 
ships of Bridgewater and Bedminster in the County of 
Somerset to repair their publick Highways by Hire and to 
raise Money for that purpose," was read the second time and 
ordered a third reading. 

The Bill intituled "An Act for rebuilding repairing and 
maintaining the Draw Bridge over Crosswicks Creek in the 
County of Burlington and for repairing the Causeways 
adjoining said Bridge " was read the third time and, On the 
Question 

Kesolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Stockton do acquaint the House of As- 
sembly therewith. 

M r Stockton reported that he had Obeyed the Order of the 
House 

The Bill intituled "An Act to Postpone the Payment of 
the Provincial Taxes into the Treasury of this Colony for 
one Month, and for other purposes therein mentioned," was 
read the second time and Ordered a third reading 

The Bill intituled "An Act to Enable the Owners and 
Possessors of Marshes Meadows and Swamps bounding on 
the South West side of Raccoon Creek between the Banks of 
Oonstantine Wilkins and Conrad Shoemaker in the Town- 
ship of Woolwich and County of Gloucester Known by the 
name of the Thoroughfare Island Marshes Meadows and 



426 NEW JERSEY COLONIAL DOCUMENTS. [177$ 

Swamps to stop out the Tide from overflowing the same and 
for other purposes therein mentioned, was read the third time, 
and 

On the Question 

Eesolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

The Bill intituled "An Act to postpone the Payment of 
the Provincial Taxes into the Treasury of this Colony for 
one Month and for other purposes therein mentioned " was* 
read the third time, and 

On the Question 

Kesolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act to revive part of An Act inti- 
tuled "An Act to Impower the Inhabitants of the Townships 
of Bridgewater and Bedminster in the County of Somerset 
to repair their publick Highways by Hire, and to raise 
Money for that purpose," was read the third time, and 

On the Question 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of As- 
sembly that the two last mentioned Bills are passed in this 
House, without any Amendments. 

M r Parker reported that he had Obeyed the several Orders- 
of the House of this Day. 

The House continued till tomorrow 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 427 

Thursday December 16 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

M r Stockton from the Committee to whom was referred 
the Bill intituled "An Act for the better regulation of Juries, 
reported that the said Committee had gone through the said 
Bill and made sundry Amendments thereto which he was 
ready to report when the House would be Pleased to receive 
the same 

Ordered, that the said Report be made immediately. 

Whereupon M r Stockton read the said Amendments in his 
Place and delivered them in at the Table 

And the said Amendments being again read were agreed 
to by the House. 

The House continued till tomorrow. 



Friday December 17 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Bill intituled "An Act for the better Regulation of 
Juries" was read the third time with the Amendments in 
their Places and on the Question whether the said Bill as 
Amended do pass ? It was carried in the Negative 

Ordered, that the said Bill do lie on the Table 



428 NEW JERSEY COLONIAL DOCUMENTS. [1773 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act for Lowering the Interest of Money 
to six per Cent within this Colony " reported that the said 
Committee had gone through the said Bill, and made sundry 
Amendments to the same, which he was ready to report when 
the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately 

Whereupon M r Coxe read the said Amendments in his 
Place, and delivered them in at the Table 

And the said Amendments being again read were agreed 
to by the House. 

The Bill intituled "An Act for lowering the Interest of 
Money to six per Cent within this Colony " was read the 
third time, and 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Coxe do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

M r Coxe reported that he had obeyed the Order of the 
House. 

The House continued till tomorrow 



Saturday December 18 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The House continued till Monday. 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 429 

Monday December 20 th The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Kichard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

M r Sykes and M r Pettit from the House of Assembly 
brought back the Bill intituled "An Act for lowering the 
Interest of Money to six per Cent within this Colony " rein- 
grossed with the Amendments made thereto by this House. 
Which reingrossed Bill being read and Compared 
Ordered, that the Speaker do Sign the same 
M r Price and M r Holmes from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"A Supplementary Act to An Act intituled An Act for the 
more effectual discovery and punishment of the Crime of 
Horse Stealing" 

Which was read the first time and Ordered a second 
reading. 

The House continued till tomorrow 



Tuesday December 21 st The House met 

Present 

Peter Kemble Esq. The Chief Justice 

The Earl of Stirling Richard Stockton Esq. 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Bill intituled "An Act for the more effectually Sup- 
pressing Vice and Immorality" was read the second time, 



430 NEW JERSEY COLONIAL DOCUMENTS. [1773 

and committed to the Members of this House or any three 
of them. 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled An Act for the more effectual discovery and punish- 
ment of the Crime of Horse Stealing " was read the second 
time and committed to the Members of this House or any 
three of them. 

The House observing from their Minutes of the 19 th & 22 d 
of September 1772 that Lord Stirling, M r Stevens, M r Stock- 
ton, and M r Coxe, or any three of them were appointed a 
Committee to meet a Committee of the House of Assembly 
in a free Conferrence on the Subject of the Governors Message 
of the 18 th of the said Month relative to the Roberry of the 
Eastern Treasury ; and not finding that the said Committee 
hath hitherto made any Report upon the Matter to them 
referred 

Ordered, that the said Committee do make their Report 
thereupon tomorrow morning. 

The House continued till tomorrow 



Wednesday December 22 d The House met 

Present 

The Earl of Stirling Richard Stockton Esq. 

Samuel Smith Esq. Stephen Skinner Esq. 

James Parker Esq. Daniel Coxe Esq. 

The Chief Justice John Lawrence Esq. 

Pursuant to the Order of Yesterday M r Stockton from the 
Committee appointed to meet a Committee of the House of 
Assembly in a free Conferrence on the Subject of the Gover- 
nors Message relative to the Roberry of the Eastern Treasury, 
delivered in the Report of the said Committee in writing, 
which was read, and is in the following words viz* 

"We the Subscribers being the Committee appointed to 
meet a Committee of the House of Assembly in a free Con- 



1773] JOURNAL OF THE PROVINCIAL COUNCIL. 431 

ferrence on the Subject of the Governors Message relative to 
the Roberry of the Eastern Treasury do Report That your 
Committee met the said Committee of the House of As- 
sembly on Tuesday the 22 d day of September 1772 at the 
House of William Wright at Perth Amboy, and your Com- 
mittee having opened the said Conferrence, did proceed to 
State the Mode which this House had previously agreed upon 
.as the most proper and convenient to bring the Eastern 
Treasurer to a legal Trial, by filing an Information against 
him pursuant to an Order of the Governor and Council there- 
upon to be obtained ; and after your Committee had stated 
the said Mode of Trial by Information, they proceeded to 
observe, that if such Mode by Information should be Judged 
improper, your Committee had no Objection to attend to any 
other Mode which should be proposed and esteemed less 
exceptionable. That on the part of the Committee of the 
House of Assembly, not only sundry Objections were made 
to the Mode of prosecution by Information ; but they also 
informed your Committee that they could proceed no further 
in the Conferrence, either by accepting of the Mode of prose- 
cution which had been proposed by your Committee, or by 
offering any other to the Consideration of your Committee, 
which they (the Committee of Assembly) might think less 
exceptionable unless the said Treasurer should be previously 
removed from his Office. And your Committee having 
informed the said Committee of Assembly that they (your 
Committee) had received no Authority from this House 
respecting that matter, and that therefore they could not enter 
upon the Consideration thereof, the said Conferrence there- 
upon broke up. 

STIRLING 
JOHN STEVENS 
RiCH d STOCKTON 
DANIEL COXE 

His Excellency came into the Council Chamber and in- 
formed the House that he had no Objection to the two 



432 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Houses adjourning themselves to Thursday the third day of 
February next, and that he had by the Deputy Secretary 
acquainted the House of Assembly therewith. 

The House continued untill Thursday the third day of 
February next 

1774 

Thursday February the 3 d The House met 

Present 

Samuel Smith Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

The House continued till tomorrow 



Friday February 4 th The House met 

Present 

Samuel Smith Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

The House continued till tomorrow 



Saturday February 5 th The House met 

Present 

Samuel Smith Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

M r Demarest and M r Vanhorne from the House of As- 
sembly presented for the Concurrence of this House a Bill 
intituled "An Act to Enable Sundry Persons and Possessors 
of certain Lands & Meadows lying upon the Wallkill " &c 

M r Roy and M r Sykes from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 
Act for the settlement and Relief of the Poor." 

The House continued till Monday 



1774] JOUKNAL OF THE PROVINCIAL COUNCIL. 433 



Monday February 7 th The House met 

Present 

Samuel Smith Esq. 
Daniel Coxe Esq. 
John Lawrence Esq. 

M r Holme and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to impower the Inhabitants of the Township of 
Elsingburgh and Pittsgrove in the County of Salem, to repair 
their publick Highways by Hire, and to raise Money for that 
purpose." 

The House continued till tomorrow 



Tuesday February 8 th The House met 

Present 

Samuel Smith Esq. 
Daniel Coxe Esq. 
John Lawrence Esq. 

The House continued till tomorrow 



Wednesday February 9 th The House met 

Present 

Samuel Smith Esq. Daniel Coxe Esq. 

Stephen Skinner Esq. John Lawrence Esq. 

M r Coombs and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Alter the Time of holding the Annual Town 
Meetings within this Colony " 

The House continued till tomorrow 

28 



434 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Thursday February 10 th The House met 

Present 

Samuel Smith Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

Stephen Skinner Esq. 

The Bill intituled "An Act for the settlement and Relief 
of the Poor" 

The Bill intituled "An Act to Impower the Inhabitants of 
the Township of Elsingborough and Pittsgrove in the County 
of Salem, to repair their publick Highways by Hire, and to 
raise Money for that purpose " and 

The Bill intituled "An Act to alter the time of holding 
the Annual Town Meetings, within this Colony " were Sever- 
ally read the first time and respectively ordered a second 
reading. 

A Memorial was presented to the House by the Honble 
Samuel Smith Esq. Treasurer of the Western Division of 
this Province, shewing 

That by the Act of the 12 th of the Present King for en- 
forcing the Payment of several Old Arrears <&c a consider- 
able part of the deficient Loan Office Money of Salem 
(received from the Widow Sharp, Executrix of Isaac Sharp 
deceased, William Hancock Executor of William Hancock 
deceased, and Grant Gibbon Administrator of Nicholas Gib- 
bon deceased, and charged to your Memorialist in the Account 
of Support of Government) reported to the House the first of 
December last) is directed to be sunk agreeable to the general 
Design of the Loan Office Acts. 

That the Memorialist hath now exchanged into the Cur- 
rent Bills of Credit of this Colony, four hundred and sixty 
one Pounds Eleven shillings and eight Pence three farthings, 
being the sum so directed to be sunk, and is ready to lay the 
same before the Council and House of Representatives when 
they will Please to order it. 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 435 

Which Memorial was read the first time and ordered a 
second reading 

M r Fisher and M r Crane from the House of Assembly 
presented for the concurrence of this House a Bill intituled 
"An Act for regulating Roads and Bridges" Which was read 
the first time, and Ordered a second reading. 

M r Sheppard and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to regulate the Packing of Beef and Pork, and to 
ascertain the Size of Casks " 

Which was read the first time, and Ordered a second 
Reading. 

The House continued till tomorrow 



Friday February 11 th The House met 

Present 

Samuel Smith Esq. Stephen Skinner Esq. 

James Parker Esq. Daniel Coxe Esq. 

Richard Stockton Esq. John Lawrence Esq. 

A Message from the House of Assembly in the words fol- 
lowing. 

" Ordered, that M r Sheppard, M r Combs, M r Tucker M r 
" Demarest and M r Mehelm, or any three of them, be a Com- 
" mittee to join a Committee of the Council to burn the sum 
" of four hundred and sixty one Pounds Eleven shillings and 
" Eight Pence three farthings Salem Loan Office Money in 
" the Hands of the Western Treasurer." 

"Ordered, that M r Sykes and M r Pettit do inform the 
" Council thereof, and desire they will appoint a Committee 
of their House accordingly together with the time and Place 
of Meeting." 

The Western Treasurers Memorial being read the second 
time, and the House taking into Consideration the Message 
from the House of Assembly of the tenth Instant. 

Ordered, that M r Stockton, M r Coxe, and M r Lawrence, or 



436 NEW JERSEY COLONIAL DOCUMENTS. [1774 

any two of them be a Committee to join the Committee of 
the House of Assembly to Burn the sum of Four hundred 
sixty one Pounds Eleven shillings & eight Pence three 
farthings Salem Loan Office Money in the Hands of the 
Western Treasurer, and make report thereof to this House, 
And that the said Committees do meet for the purpose afore- 
said at the House of the said Treasurer on Monday Morning 
next at nine o'Clock. 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

The Bill intituled "An Act to Enable sundry Persons 
Proprietors and Possessors of certain Lands and Meadows 
lying upon the Wallkill in the County of Sussex commonly 
called and known by the name of the drowned Lands to 
drain the same, and for other purposes therein mentioned," 
was read the first time and ordered a second Reading. 

The Bill intituled "An Act for the settlement and Relief 
of the Poor," was read the second time and committed to the 
Members of this House or any three of them. 

The Bill intituled "An Act to Impower the Inhabitants of 
the Townships of Elsingburgh Pilesgrove and Pittsgrove in 
the County of Salem to repair their publick highways by 
hire, and to raise Money for that purpose," was read the 
second time and ordered a third reading. 

The Bill intituled "An Act to alter the time of holding the 
Annual Town Meetings within this Colony was read the 
second time and Committed to the Members of this House or 
any three of them. 

The Bill intituled "An Act for regulating Roads and 
Bridges" was read the second time and committed to the 
Members of this House or any three of them, 

The Bill intituled "An Act to Regulate the packing of 
Beef and Pork, and to ascertain the size of Casks," was read 
the second time and committed to the Members of this House 
or any three of them. 

The Bill intituled An Act to Enable sundry Persons, Pro- 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 437 

prietors and Possessors of certain Lands and Meadows lying 
upon the Walkill " &c was read the second time and Com- 
mitted to the Members of this House or any three of them 
The House continued till tomorrow 



Saturday February 12 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Parker reported that he had obeyed the Order of the 
House Yesterday 

The House continued till Monday 



Monday February 14 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Coxe from the Committee appointed to join the Com- 
mittee of the House of Assembly to burn the sum of Four 
hundred sixty one Pounds Eleven Shillings and eight Pence 
three farthings Salem Loan Office Money in the Hands of the 
Western Treasurer Reported that the said Committees had 
met according to appointment, that they had examined and 
burned the said sum of four hundred sixty one Pounds 
Eleven shillings and eight Pence three farthings in Current 
Bills of Credit of this Colony ; of which proceeding he was 



438 NEW JERSEY COLONIAL DOCUMENTS. [1774 

ready to make Report whenever the House would be Pleased 
to receive the same. 

Ordered, that the said Eeport be made immediately. 

Whereupon, M r Coxe read the said Report in his place and 
delivered it in at the Table. 

And the said Report having been again Read and Consid- 
ered by the House 

On the Question, 

Resolved, that the House do approve thereof 

Ordered, that the said Report be entered at length on the 
Journals of this House, which are as follows 

We the Committees appointed by the Council and House 
of Representatives to burn the deficient Loan Office Money 
of Salem and Cumberland 

Do Report that Samuel Smith Esq. Treasurer of the 
Western Division of this Colony laid before us the Sum of 
Four hundred and sixty one Pounds Eleven shillings and 
eight Pence three farthings in Current Bills of Credit of the 
Colony of New Jersey which was by us examined and burned 
this fourteenth Day of February Anno Domini One thousand 
seven hundred and seventy four according to the Directions 
of the Act of Assembly of the twelfth of the present King 
intituled "An Act to enforce the payment of several Old 
Arrears due to the Treasury of New Jersey," which said 
sum is charged to the said Treasurer in the Account for 
Support of Government reported to the Council and House 
of Representatives December the first One thousand seven 
hundred and seventy three being part of the sums he received 
of the widow Sharp Executrix of Isaac Sharp deceased 
William Hancock Executor of William Hancock deceased 
and Grant Gibbon Administrator of Nicholas Gibbon 
deceased; Which said Isaac Sharp, William Hancock and 
Nicholas Gibbon were severally in their lifes time Com- 
missioners of the Loan Office for the County of Salem, and 
for which said Sum of Four hundred and sixty one Pound* 



1774] JOURNAL OF THE PROVINCIAL COUNCIL, 439 

eleven shillings and eight Pence three farthings now burned, 
the said Treasurer is to be Credited in his next Ace* for Sup- 
port of Government. 

SAM TUCKER RICH* STOCKTON 

JN SHEPPARD DAN: COXE 

JOHN DEMAREST J LAWRENCE 

JOHN COMBS 
JN MEHELM 

M r Lawrence from the Committee to whom was referred 
the Bill intituled "An Act to alter the time of holding the 
Annual Town Meetings within this Colony " reported that 
the said Committee had gone through the said Bill and made 
sundry Amendments thereto which he was ready to report 
when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Lawrence read the said Amendments in 
his Place and delivered them in at the Table. 

And the said Amendments being again read, were agreed 
to by the House. 

The Bill intituled "An Act to alter the Time of holding 
the Annual Town Meetings within this Colony " was read 
the third time with the Amendments in their Places, and 

On the Question, whether the said Bill as Amended do 
pass. It was carried in the Negative. 

Ordered, that the said Bill do lie on the Table 

M r Combs and M r Hewlings from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act more effectually to punish the Counterfieters of 
Foreign Gold or Silver Coin Current within the Colony of 
New Jersey, and the utterers thereof, knowing the same to be 
Counterfiet," Which was read the first time and ordered a 
second reading. 

A Message from the House of Assembly by M r Kinsey 
and M r Paxson requesting of this House to be informed what 



440 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Progress this House had made in the Bill for the better 
regulation of Juries. 

Ordered, that M r Lawrence do acquaint the House of 
Assembly in answer to their Message of this day that the 
Bill intituled "An Act for the better regulation of Juries " 
was on the 17 th of December last rejected by a vote of this 
House. 

M r Lawrence reported that he had obeyed the Order of 
the House. 

M r Hinchman and M r Holme from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to prevent Dogs from Killing Sheep within the 
Township of Deptford in the County of Gloucester, and for 
other purposes therein mentioned " Which was read the first 
time and Ordered a second Reading. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to enable sundry Persons Proprietors 
and Possessors of certain Lands and Meadows lying upon 
Wallkill in the County of Sussex, commonly called and 
known by the name of the Drowned Lands, to drain the 
same, and for other purposes therein mentioned," reported 
that the said Committee had gone through the said Bill and 
made sundry Amendments thereto which he was ready to 
report when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table. 

And, the said Amendments being again read, were agreed 
to by the House. 

The Bill intituled "An Act to enable sundry Persons Pro- 
prietors and Possessors of certain Lands and Meadows lying 
upon the Wallkill in the County of Sussex commonly called 
and known by the name of the Drowned Lands, to drain the 
same, and for other purposes therein mentioned," was read 
the third time with the Amendments in their Places, and 

On the Question, 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 441 

Resolved that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 'Amend- 
ments. 

Ordered, that M r Parker do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
in the said Amendments. 

M r Parker reported that he had obeyed the Order of the 
House by delivering the same to M r Pettit one of the Mem- 
bers of the Assembly, the House not sitting. 

The House continued till tomorrow 



Tuesday February 15 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

The Bill intituled "An Act more effectually to punish the 
Counterfieters of Foreign Gold or Silver Coin current within 
the Colony of New Jersey and the utterers thereof Knowing 
the same to be Counterfeit," was read the second time and 
committed to the Members of this House or any three of 
them. 

The House continued till tomorrow 



Wednesday February 16 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Pettit, M r Vanhorne from the House of Assembly 
brought back the Bill intituled "An Act to enable sundry 



442 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Inhabitants Proprietors and Possessors of certain Lands and 
Meadow lying upon the Wallkill in the County of Sussex 
&c Reingrossed with the Amendments of this House. 

Which Reingrossed Bill being read and Compared 

Ordered, that the Speaker do sign the same 

The House continued till tomorrow 



Thursday February 17 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Winds and M r Vanhorne from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act more effectually to prevent the malicious, unlawful, 
and wilfull Killing, maiming, wounding and disfiguring of 
Horses, Sheep or Horned Cattle in this Colony." 

Which was read the first time and ordered a second read- 
ing. 

The House continued till tomorrow 



Friday February 18 th The House met. 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Smith from the Committee to whom was referred the 
Bill intituled "An Act to regulate the Packing of Beef and 
Pork and to ascertain the size of Casks" reported that the 
said Committee had gone through the said Bill without 
making any amendment thereto, and that he was ready to 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 443 

report the said Bill when the House would be pleased to 
receive the same 

Ordered, that the said Report be made immediately 

Whereupon M r Smith read the said Bill in his Place, and 
delivered it in at the Table. 

The Bill intituled "An Act to regulate the Packing of 
Beef and Pork and to ascertain the size of Casks," was read 
the third time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act to impower the Inhabitants of 
the Townships of Elsingburgh Pilesgrove and Pittsgrove in 
the County of Salem, to repair their publick highways by 
hire and to raise Money for that purpose," was read the third 
time, and 

On the Question 

Resolved, that the said Bill do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Lawrence do acquaint the House of 
Assembly therewith. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act more effectually to punish the 
Counterfieters of foreign Coin " &c reported that the said 
Committee had gone through the said Bill and made sundry 
Amendments thereto, which he was ready to report when the 
House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table 

And the said Amendments being again read, were approved 
of by the House. 

The Bill intituled "An Act more effectually to punish the 
Counterfieters of Foreign Gold & Silver Coin current within 



444 NEW JERSEY COLONIAL DOCUMENTS. [1774 

the Colony of New Jersey and the utterers thereof knowing 
the same to be Counterfiet " was read the third time, with 
the Amendments in their Places, and 

On the Question 

Kesolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Parker do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
to the said Amendments. 

M r Lawrence reported that he had Obeyed the Order of 
the House. 

The House continued till tomorrow 



Saturday February 19 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

The Bill intituled "An Act more effectually to prevent the 
Malicious, unlawful and wilful killing, maiming, wounding 
or disfiguring of Horses, Sheep, or Horned Cattle in this 
Colony," was read the second time, and committed to the 
Members of this House or any three of them. 

M r Parker reported that he had delivered the Bill and 
Amendments to him intrusted yesterday, to Collonel Ford 
one of the Members of the House of Assembly, the House 
not sitting. 

The House continued till Monday. 

Monday February 21 st The House met 

Present 

John Stevens Esq. James Parker Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 445 

M r Hewlings and M r Pettit from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act more effectually to prevent the Erecting of Lotteries, 
and selling of Lottery Tickets within this Colony/ 7 which 
was read the first time, and ordered a second reading. 

M r Sykes and M r Pettit from the House of Assembly 
brought back the Bill intituled "An Act more effectually to 
Punish the Counterfieters of Foreign Gold and Silver Coin " 
&c together with the Amendments made thereto by this 
House, and informed the House that the House of Assembly 
agree to the last of the said Amendments, but disagree to all 
the others, and in those parts adhere to the Bill. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act more effectually to prevent the Mali- 
cious unlawfull, and wilfull, Killing, maiming wounding or 
disfiguring of Horses, Sheep, or Horned Cattle, in this Col- 
ony/' reported that the Committee had gone through the said 
Bill and made sundry Amendments thereto, which he was 
ready to Report when the House would be Pleased to receive 
the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Coxe read the said Amendments in his 
Place, and delivered them in at the Table 

And the said Amendments being again read were approved 
of by the House. 

The Bill intituled "An Act more effectually to prevent the 
Malicious unlawful and wilful Killing maiming, wounding 
or disfiguring of Horses Sheep or Horned Cattle in this Col- 
ony, was read the third time with the Amendments in their 
Places and 

On the Question, 

Resolved that the same as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Coxe do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concur- 
rence in the said Amendments. 



446 



NEW JERSEY COLONIAL DOCUMENTS. 



[1774 



M r Coxe reported that he had obeyed the Order of the 
House. 

A Message from the House of Assembly by M r Dey and 
M r Garretse in the words following viz* 

" Ordered, that M r Dey and M r Garretse do carry back to 
the Council the Bill intituled An Act more effectually to 
prevent the malicious, unlawful and wilful Killing, maiming, 
wounding or disfiguring of Horses Sheep or horned Cattle in 
this Colony, together with the Amendments made by the 
Council to the same, and acquaint them that this House 
have agreed to all the said Amendments except the last, to 
which they disagree and in that part adhere to the Bill. 

House of Assembly 1 " By Order of the House 
February 21, 1774 / RICHARD SMITH, Clerk " 

It appearing from the Minutes of the Assembly communi- 
cated to this House by his Excellency, that a number of 
Petitions have been laid before the House of Assembly rela- 
tive to the Eastern Treasurer : and the House being informed 
that many of them are addressed to the Council as well as to 
the Assembly, 

Ordered, that the Clerk of the House do acquaint the 
House of Assembly that it is the desire of this House that 
they send up such of the said Petitions as are directed to the 
Council. 

M r Pettit from the House of Assembly brought up to this 
House the following Petitions relative to the Eastern Treas- 
urer, viz* 



One from Springfield 

One from Chesterfield 

One from Evesham 

One from Wellingborough 

One from Northampton 

One from Chester 

One from the County of Hunterdon 

One from the County of Salem 



In the County 
of Burlington 



Praying that 
the Eastern 
Treasurer 
may be re- 
moved from 
his Office 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 447 

Three from the County of Hunterdon ^ Praying that 

Two from the Counties of Hunterdon & the Treasurer 

Sussex may continue 

One from the County of Sussex V in Office un- 

One from the County of Somerset till he has a 

One from the Counties of Somerset & Trial. 

Hunterdon 

The House continued till tomorrow 



Tuesday February 22 d The House met 

Present 

John Stevens Esq. Richard Stockton Esq. 

Samuel Smith Esq. Stephen Skinner Esq. 

James Parker Esq. Daniel Coxe Esq. 

A Petition was presented from sundry Inhabitants of the 
City of Burlington Setting forth that they have heard a Bill 
has passed the House of Representatives intituled "An Act 
for regulating Roads & Bridges wherein amongst other things 
it is Enacted that the Bridges in the several Townships of 
the County of Burlington, are made a County Charge 
That a Law will be injurious to the Petitioners having few 
Bridges in the City and Township of Burlington, and as the 
Townships where the most of the Bridges are, are principally 
benefitted by the Streams of Water running through the 
same. 

The Petitioners therefore pray that this House will make 
an Amendment to the said Bill to exclude any Bridges in the 
County of Burlington from being made a County Charge by 
virtue of the said Bill. 

Which Petition was read, and referred to the Committee on 
the Road Bill. 

M r Taylor and M r Hand from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 



448 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Act more effectually to prevent Horse Racing Cock fighting 
Shooting Matches and Gaming within this Colony;" which 
was read the first time and ordered a second reading. 

Whereas, His Majesty's especial Service requires the attend- 
ance of all the members of this House 

Ordered, that the Honourable Peter Kemble Esq. the Hon- 
ourable David Ogden Esq., the Eight Honourable the Earl of 
Stirling and the Honourable Frederick Smyth Esq. being 
absent Members do give their immediate attendance at Bur- 
lington. 

Ordered, also, That the Sergeant at Arms of this House do 
forthwith serve a Copy of the above Order on each of the 
absent Members before mentioned. 

The House continued till tomorrow. 

Wednesday February 23 d The House met 

Present 

John Stevens Esq. Richard Stockton Esq. 

Samuel Smith Esq. Stephen Skinner Esq. 

James Parker Esq. Daniel Coxe Esq. 

Two Petitions were presented from the Townships of 
Springfield and Wellingborough setting forth that the Peti- 
tioners have heard a Bill has passed the House of Assembly 
intituled "An Act for regulating of Roads and Bridges 
wherein it is enacted amongst other things that the Bridges 
in the several Townships of the County of Burlington are 
made a County Charge That such Law will be injurious to 
the Petitioners having few Bridges in the above named Town- 
ships, and as the Townships where most of the Bridges are, 
are principally benefited by the Streams of Water running 
through the same. 

The Petitioners therefore pray that this House will make 
an Amendment to the said Bill to exclude any Bridges in the 
County of Burlington from being made a County Charge by 
virtue of the said Bill. 



1774] JOURNAL OP THE PROVINCIAL COUNCIL. 449 

Which Petitions were read, and referred to the Committee 
on the Roads Bill. 

The House taking into Consideration the Inconveniences 
arising from the want of a Sergeant at Arms and a Door- 
keeper in each Division, and that Provision has hitherto been 
made but for one of each of the said Officers for the whole 
Province : and His Excellency having been Pleased to say 
that he will remove those Inconveniences by appointing a 
Sergeant at Arms and a Doorkeeper to this House in each 
Division if Provision be made for their support. 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith, and request that Provision be made accord- 
ingly. 

M r Parker reported that he had obeyed the Order of the 
House. 

M r Coxe from the Committee to whom was referred the 
bill intituled "An Act for regulating of Eoads and Bridges" 
reported that they had gone through the same, and made 
sundry Amendments thereto which he was ready to report 
when the House would be Pleased to receive the same. 

Ordered, that the said Eeport be made immediately. 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

And the said amendments being again read were agreed to 
by the House. 

The Bill intituled "An Act for regulating of Eoads and 
Bridges" was read the third time with the Amendments in 
their Places, and 

On the Question 

Eesolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Smith do carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
in the said Amendments. 

The House continued till tomorrow. 



450 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Thursday February 24 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Hand and M r Eldridge from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for Erecting a Convenient Gaol in the County of 
Cape May, and to authorize the Rebuilding and Repairing 
of the Court House or Gaol of that County at any time 
hereafter." 

Which was read the first time and ordered a second reading. 

A Message from the House of Assembly by M r Hinchman 
and M r Price in the words following, viz* 

House of Assembly Fel/ 24 th 1774 

" Ordered, that M r Hinchman and M r Price do carry back 
" to the Council the Bill intituled An Act for regulating of 
" Roads and Bridges, with the Amendments made thereto by 
" the Council, and acquaint them that this House agrees to all 
" the said Amendments except the eighteenth and twentieth to 
" which they disagree, and in those parts adhere to the Bill." 

The House continued till tomorrow. 

Friday February 25 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Egq. 

Richard Stockton Esq. 

The House taking into Consideration the Message from the 
House of Assembly of yesterday, relative to the Amendments 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 451 

made by this House to the Bill intituled "An Act for the 
regulating Roads and Bridges." 

On the Question, whether this House do recede from the 
eighteenth and twentieth of the said Amendments which are 
rejected by the House of Assembly, it was carried in the 
affirmative. 

Ordered, that M r Skinner do carry the Bill intituled "An 
Act for regulating Roads and Bridges" with the Amendments 
thereto annexed to the House of Assembly and acquaint them 
that this House do recede from the eighteenth and twentieth 
of the said Amendments which were rejected by the House of 
Assembly. 

M r Skinner reported that he had Obeyed the Order of the 
House. 

The Bill intituled "An [act] more effectually to prevent the 
Erecting of Lotteries and selling of Lottery Tickets within 
this Colony " was read the second time and committed to the 
Members of this House or any three of them. 

The Bill intituled "An Act for Erecting a convenient Gaol 
in the County of Cape May, and to Authorize the Rebuilding 
and Repairing of the Court House or Gaol of that County at 
any time hereafter," was read the second time, and ordered a 
third reading. 

The House taking into Consideration the Message from 
the House of Assembly of the 21 st Instant relative to the 
Amendments made by this House to the Bill intituled "An 
Act more effectually to prevent the malicious unlawful and 
wilful Killing, maiming wounding or disfiguring of Horses 
Sheep or Horned Cattle in this Colony." 

On the Question, whether this House do recede from the 
Amendments mentioned in the said Message to be rejected by 
the House of Assembly or not ? It was carried in the negative 

Ordered, That M r Coxe do carry the Bill intituled "An 
Act more effectually to prevent the Malicious unlawful and 
wilful Killing, maiming wounding or disfiguring of Horses 
Sheep or Horned Cattle in this Colony " with the Amend- 



452 NEW JERSEY COLONIAL DOCUMENTS. [1774 

meats thereto annexed, to the House of Assembly and 
acquaint them that this House adhere to all the said Amend- 
ments. 

The Bill intituled "An Act to prevent Dogs from Killing 
Sheep within the Township of Deptford in the County of 
Gloucester and .for other purposes therein mentioned," 
read the second time and committed to M r Lawrence. 

The House continued till tomorrow 



Saturday February 26 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

A Message from the House of Assembly in the words fol- 
lowing. 

House of Assembly February 25 th 1774. 

"Ordered, That the Representatives of the County of 
"Bergen, Morris, and Sussex together with M r Fisher M r 
"Moores M r Garretse, M r Hinchman and M r Sykes, be a 
" Committee to meet a Committee of the Council in a free 
" Conferrence on the Bill intituled An Act more effectually to 
"prevent the Malicious unlawful and Wilful Killing, maiming 
" wounding or disfiguring of Horses y Sheep or Horned Cattle 
" in this Colony , together with the Amendments made to the 
" same, 

" Ordered, that M r Holme and M r Elmer do inform the 
Council thereof and desire them to appoint a Committee of 
their House accordingly, together with the time and Place 
of Meeting." 

The House taking the said Message into Consideration 
Ordered, that M r Parker, M r Stockton and M r Coxe or 
any two of them be a Committee to meet a Committee of the 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 453 

House of Assembly in a free Conferrence on the Bill intituled 
"An Act more effectually to prevent the malicious, unlawful 
and wilful Killing, maiming wounding or disfiguring of 
Horses Sheep or Horned Cattle in this Colony," together 
with the Amendments made to the same, And that the said 
Committees do meet for that purpose at the House of Joseph 
Haight in Burlington at seven o'Clock this Evening. 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

M r Stockton reported that he had Obeyed the Order of 
the House. 

The House continued till Monday 



Monday February 28 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Tucker and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to relieve Sarah Ely, Isaac D e Cow David Brearley 
jun r with respect to the loss of two Title Deeds by Fire." 
Which Bill was read the first time, and ordered a second 
reading. 

M r Tucker and M r Mehelm from the House of Assembly 
brought up to this House the Bill reengrossed with the 
Amendments agreed upon by both Houses intituled "An Act 
for regulating Roads and Bridges" 

M r Lawrence and M r Combs from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Enable the Owners and Possessors of Low Lands 
Meadows and Swamps on both sides of Assanpink Brook 
from the Province Line to the Lands of John Ely, to remove 



454 NEW JERSEY COLONIAL DOCUMENTS. [1774 

the Obstructions to the free Course of the Waters of the same 
Brook" 

Which was read the first time and Ordered a second 
reading. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act for the settlement and Relief of the 
Poor" reported that the said Committee had gone through 
the said Bill and made sundry Amendments thereto, which 
he was ready to report when the House would be Pleased to 
receive the same 

Ordered, That the said report be made immediately. 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read were agreed to 
by the House. 

The Bill intituled "An Act for the better settlement and 
Relief of the Poor was read the third time with the Amend- 
ments in their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered, that M r Skinner do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments. 

The House continued till tomorrow 



Tuesday March 1 st The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 



1774] JOURNAL OP THE PROVINCIAL COUNCIL. 455 

The Bill reingrossed with the Amendments agreed upon by 
this House and the House of Assembly intituled "An Act for 
regulating Roads and Bridges" was read and compared. 

Ordered, that the Speaker do sign the same. 

M r Skinner reported that he had Obeyed the Order of the 
House of yesterday. 

The Bill intituled "An Act to enable the Owners and Pos- 
sessors of the Low Lands, Meadows and Swamps on both 
sides of Assanpink Brook" &c was read the second time 
and committed to the Members of this House or any three 
of them. 

The House taking into Consideration the Message from the 
House of Assembly of the 19 th of February last and delivered 
to this House on the 21 st of the same Month relative to the 
Amendments to the Bill intituled "An Act more effectually 
to punish the Counterfieters of Foreign Gold and Silver 
Coin" &c On the Question whether .the House do recede 
from such of the said Amendments as are rejected by the 
House of Assembly or not It was carried in the Affirmative. 

Ordered, That M r Parker do carry the said Bill and 
Amendments to the House of Assembly and acquaint them 
that this House does recede from such of the said Amend- 
ments as are rejected by the House of Assembly. 

M r Parker reported that he had obeyed the Order of the 
House. 

M r Pettit and M r Sykes from the House of Assembly 
brought back from thence The Bill intituled "An Act for the 
settlement of the Poor " with a Message in the words follow- 
ing viz* 

? House of Assembly March 1 st 1774 

" Ordered, That M r Pettit and M r Sykes do carry back to 
" the Council the Bill intituled "An Act for the settlement 
"and Belief of the Poor" together with the Amendments 
" made by the Council to the same, and acquaint them that 
" this House have agreed to all the said Amendments except 
"the 9 th 10 th and 17 th to which they disagree, and in those 
" parts adhere to the Bill." 



456 NEW JERSEY COLONIAL DOCUMENTS. [1774 

The Council taking the said Message into Consideration, 
On the Question, whether the House do recede from the said 
three Amendments rejected by the House of Assembly or not ? 

It was carried in the Affirmative 

Ordered, That M r Lawrence do carry the Bill intituled 
"An Act for the settlement and Relief of the Poor " with the 
Amendments thereto annexed to the House of Assembly and 
acquaint them that this House has receded from the 9 th 10 th 
and 17 th of the said Amendments which were rejected by the 
House of Assembly. 

The Bill intituled "An Act for Erecting a Convenient 
Gaol in the County of Cape May, and to Authorize the 
rebuilding and repairing of the Court House or Gaol of that 
County at any time hereafter " was read the third time, and 

On the Question 

Resolved, that the same do pass. 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Lawrence do acquaint the House of As- 
sembly therewith. 

M r Lawrence reported that he had obeyed the Order of 
the House. 

M r Kinsey and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for the more speedy recovery of Legacies in this 
Province, and for affirming such Acts of Administrators 
bona fide done before Notice of a Bill Which was read the 
first time and ordered a second reading. 

M r Smith from the Committee to whom was referred the 
Bill intituled "An Act more effectually to prevent Horse 
Races, Cock fighting, Shooting Matches and Gaming within 
this Colony reported that the said Committee had gone 
through the said Bill, and that he was ready to report the 
same when the House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Smith reported the said Bill without any 
Amendment, and delivered it in at the Table. 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 457 

The Bill intituled An Act more effectually to prevent 
Horse Racing, Cock fighting, Shooting Matches, and Gaming 
within this Colony " was read the third time, and 

On the Question whether the said Bill do pass or not ? 

It was carried in the Negative. 

Ordered, that the said Bill do lie on the Table 

The House continued till to morrow 



Wednesday March 2 d The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Fisher and M r Wetherill from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to Oblige the Treasurers of the Colony of New Jer- 
sey to give Security for the due Execution of their Offices 
and to prescribe the Mode in which the security shall be 
taken " 

Which was read the first time and ordered a second reading. 

M r Fisher and M r Wetherill from the House of Assembly 
brought up to this House the Bill reingrossed with the amend- 
ments agreed upon by both Houses intituled "An Act more 
effectually to punish the Counterfieters of foreign Gold and 
.Silver Coin/' &c 

Which reingrossed Bill being read and compared 

Ordered, that the Speaker do sign the same. 

The House continued till tomorrow 



458 NEW JERSEY COLONIAL DOCUMENTS. [1774 



Thursday March 3 d The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Eq. 

James Parker Esq. John Lawrence Esq. 

Kichard Stockton Esq. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act more effectually to prevent the Erect- 
ing of Lotteries, and selling of Lottery Tickets within this 
Colony " reported that the said Committee had gone through 
the said Bill and made sundry amendments thereto which he 
was ready to Report when the House would be Pleased to 
receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read were agreed 
to by the House. 

The Bill intituled "An Act more effectually to prevent the 
Erecting of Lotteries and selling of Lottery Tickets within 
this Colony " was read the third time with the Amendments 
in their Places, and 

On the Question 

Resolved that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered that M r Parker do carry the same to the House of 
Assembly and desire their Concurrence in the said Amend- 
ments. 

M r Stockton from the Committee to whom was referred 
the Bill intituled "An Act to relieve Sarah Ely Isaac D e Cow 
and David Brearley jun with respect to the Loss of Two 
Titles Deeds by fire," reported that the said Committee had 
gone through the said Bill and made sundry Amendments 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 459 

thereto, which he was ready to report when the House would 
be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Stockton read the said Amendments in his 
Place, and delivered them in at the Table. 

And the said Amendments being again read were agreed to 
by the House. 

The Bill intituled "An Act to relieve Sarah Ely, Isaac 
D e Cow and David Brearley jun" with respect to the loss of 
two Title Deeds by Fire," was read the third time with the 
Amendments in their Places, and 

On the Question 

Resolved, that the said Bill as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and amend- 
ments. 

Ordered, that M r Parker do carry the same to the House 
of Assembly and desire their Concurrence in the said amend- 
ments. 

M r Parker reported that he had obeyed the Order of the 
House. 

M r Lawrence from the Committee to whom was referred 
the Bill intituled "An Act to Enable the Owners and Pos- 
sessors of the Low Lands Meadows and Swamps on both 
sides of Assunpink Brook " &c reported that the said Com- 
mittee had gone through the said Bill and made sundry 
Amendments thereto, and one Amendment in the Title 
thereof, which he was ready to report when the House would 
be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Lawrence read the said Amend m ts in his 
Place, and delivered them in at the Table 

And the said Amendments being again read were agreed 
to by the House. 

The Bill intituled "An Act to enable the Owners and 
Possessors of the low Lands, Meadows and Swamps on both 
sides of Assunpink Brook from the Province line to the 



460 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Lands of John Ely, to remove the Obstructions to the free 
Course of the Waters of the same Brook " was read the third 
time with the Amendments in their Places, and 

On the Question 

Resolved, that the same as Amended do pass. 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered, that M r Lawrence do carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments. 

M r Coxe with leave of the House brought in a Bill inti- 
tuled "An Act more effectually to prevent gaming within 
this Colony, and other Vices therein mentioned." 

Which was read the first time and ordered a second reading. 

M r Hand and M r Garritse from the House of Assembly 
brought up the Bill reingrossed with the Amendments of 
this House intituled "An Act to relieve Sarah Ely, Isaac D e 
Cow and David Brearly jun r with respect to the Loss of two 
Title Deeds by Fire" Which was read and compared. 

Ordered, that the Speaker do sign the same 

The Bill intituled "An Act for the more speedy recovery 
of Legacies" &c was read the second time, and ordered a 
third reading. 

The Bill intituled "An Act to Oblige the Treasurers of the 
Colony of New Jersey to give security" &c was read the 
second time and committed to the Members of this House or 
any three of them. 

M r Taylor and M r Lawrence from the House of Assembly 
brought up from thence the Bill reingrossed with the Amend- 
ments agreed upon by both Houses intituled "An Act for the 
settlement and relief of the Poor. 

Which reingrossed Bill being read and compared 

Ordered that the Speaker do sign the same 

The House continued till tomorrow. 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 461 

Friday March 4 th The House met 

Present 

John Stevens Esq Stephen Skinner Esq. 

Samuel Smith Esq Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq 

Richard Stockton Esq. 

The Bill intituled "An Act for the more speedy Recovery 
of Legacies in this Province, and for Affirming such Acts of 
Administrators bona fide done before Notice of a Will," was 
read the third time, and 

On the Question, 

Resolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of Assem- 
bly therewith. 

M r Stockton from the Committee to whom was referred the 
Bill intituled "A Supplementary Act to an Act intituled An 
Act for the more effectual discovery and punishment of the 
Crime of Horse Stealing " reported that the said Committee 
had gone through the said Bill and that he was ready to re- 
port the same when the House would be Pleased to receive 
the same. 

Ordered, that the said Report be made immediately. 

Whereupon, M r Stockton reported the said Bill without 
any Amendment, and delivered it in at the Table 

The Bill intituled "A Supplementary Act to An Act inti- 
tuled An Act for the more effectual discovery and punish- 
ment of the Crime of Horse Stealing " was read the third 
time, and 

On the Question, 

Resolved, that the said Bill do pass 

Ordered, that the Speaker do sign the same. 

Ordered, that M r Stockton do acquaint the House of Assem- 
bly therewith. 



462 NEW JERSEY COLONIAL DOCUMENTS. [1774 

M r Stockton reported that he had obeyed the Order of the 
House. 

A Message from the House of Assembly by M r Kinsey and 
M r Hinchman in the following words viz* 

" House of Assembly March 4 th 1774 
" Ordered That M r Kinsey and M r Hinchman do carry to 
the Council the Bill intituled "An Act to Authorize the pres- 
" ent Treasurer of the Eastern Division to bring an Action 
" against the late Treasurer for the Money said to be stolen 
"from the Treasury, and for other purposes therein mentioned, 
" for their Concurrence, and inform them that the Bill passed 
" this House unanimously. 

" That the House are very desirous to bring the Affair of 
" the Robbery of the Eastern Treasury to some determina- 
" tion, and for that purpose have formed a Bill such as they 
" apprehend will effectually answer ; But that as it may be 
" possible the Council may not approve of the whole Bill, 
" and as this House are exceedingly unwilling that this Session 
" should be passed over without some Measures being fixed on 
" to bring that Matter to an end, they request the Council 
" would be pleased to bestow their Attention as soon as they 
" can on the Bill, and acquaint the House with their Deter- 
" mination." 

The Bill intituled "An Act to Authorize the present Treas- 
urer of the Eastern Division to bring an Action against the 
late Treasurer for the Money said to be stolen from the 
Treasury, and for other Purposes therein mentioned," was 
read the first time and ordered a second reading. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act for more effectually suppressing Vice 
and immorality," reported that the said Committee had gone 
through the said Bill, and that he was ready to report the 
same, when the House would be Pleased to receive the same, 

Ordered, that the said Report be made immediately. * 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 463 

Whereupon M r Coxe reported the said Bill without any 
Amendment, and delivered it in at the Table. 

And on the Question, whether the said Bill be read a third 
lime or not ? It was carried in the negative. 

Ordered, that the said Bill do lie on the Table. 

On Motion of M r Coxe, Ordered that the said M r Coxe 
have leave to bring in a Bill at the next Session of the 
General Assembly, for more effectually suppressing Vice and 
Immorality. 

The Bill intituled "An Act for more effectually to prevent 
Gaming within this Colony and other Vices therein men- 
tioned," was read the second time and referred to the next 
Session of the General Assembly. 

The Bill intituled "An Act to Authorize the present Treas- 
urer of the Eastern Division to bring an Action against the 
late Treasurer for the Monies said to be stolen from the 
Treasury, and for other purposes therein mentioned," was 
read the second time and committed to the Members of this 
House or any three of them. 

The House continued till tomorrow 



Saturday March 5 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe, Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act to oblige the Treasurers of the Colony 
of New Jersey to give Security" &c reported that the said 
Committee had gone through the said Bill, and made sundry 
Amendments thereto which he was ready to report when the 
House would be Pleased to receive the same. 

Ordered, that the said Report be made immediately. 



464 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read were agreed 
to by the House. 

The Bill intituled "An Act to Oblige the Treasurers of 
the Colony of New Jersey to give Security " &c was read the 
third time with the Amendments in their Places, and 

On the Question, 

Resolved, that the same as Amended do pass 

Ordered, that the Speaker do sign the said Bill and Amend- 
ments. 

Ordered that M r Parker dc carry the said Bill and Amend- 
ments to the House of Assembly and desire their Concurrence 
in the said Amendments. 

M r Parker reported that he had obeyed the Order of the 
House. 

M r Combs and M r Taylor from the House of Assembly 
brought back from thence the Bill reingrossed with the 
Amendments made by this House intituled "An Act more 
effectually to prevent the erecting of Lotteries and selling of 
Lottery Tickets, within this Colony." 

And the Bill reingrossed with the Amendments made by 
this House, entituled "An Act to enable the Owners and 
Possessors of Low Lands, Meadows and Swamps on both 
sides of Assunpink Brook, from the Line commonly called 
George Keiths, to the Lands of John Ely, to remove the 
obstructions to the free Course of the Waters of the same 
Brook." 

Which reingrossed Bills were severally read and compared. 

Ordered that the Speaker do sign the said two reingrossed 
Bills. 

M r Coxe from the Committee to whom was referred the 
Bill intituled "An Act to Authorize the present Treasurer of 
the Eastern Division to bring an Action against the late 
Treasurer" &c reported that the said Committee had gone 
through the said Bill and made sundry Amendments to the 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 465 

same, which he was ready to report when the House would 
be pleased to receive the same. 

Ordered, that the said report be made immediately. 

Whereupon M r Coxe read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read, were agreed 
to by the House. 

The Bill intituled "An Act to Authorize the present Treas- 
urer of the Eastern Division to bring an Action against the 
late Treasurer for the Monies said to be stolen from the 
Treasury, and for other purposes therein mentioned" was 
read the third time, with the Amendments in their Places, 
and 

On the Question 

Resolved, that the same as Amended do pass 

Ordered, that the Speaker do sign the said Bill and 
Amendments. 

Ordered that M r Stockton do carry the Bill intituled "An 
Act to Authorize the present Treasurer of the Eastern Divi- 
sion to bring an Action against the late Treasurer for the 
Monies said to be stolen from the Treasury, and for other 
purposes therein mentioned" with the Amendments thereunto 
annexed, to the House of Assembly, and desire their Con- 
currence in the said Amendments. 

And that M r Stockton do inform the Assembly that this 
House ever attentive to what they conceive the true Interests 
and Constitution of this Country and equally desirous 1 with 
the Assembly to bring the Affair of the Roberry of the East- 
ern Treasury to some determination, hope that the Assembly 
by their unusual Message which accompanied this Bill when 
sent up to this House, do not mean to convey an Idea that 
this House would not bestow as early and sufficient Attention 
to the Bill as the Importance of it should require, without 
being then put in mind of their Duty. 

M r Hewlings and M r Mehelm from the House of Assembly 
brought back from thence the Bill intituled "An Act to oblige 

30 



466 NEW JERSEY COLONIAL DOCUMENTS. [1774 

the Treasurers of the Colony of New Jersey to give Security 
for the due Execution of their Offices" &c with a Message 
in the words following viz* 

House of Assembly March 5 th 1774 
" Ordered, That M r Hewlings and M r Mehelm do carry 
back to the Council the Bill intituled " An Act to oblige the 
Treasurers of the Colony of New Jersey to give Security for 
the due Execution of their Offices, and to prescribe the Mode 
in which the same security shall be taken, together with the 
Amendments made by the Council to the same, and acquaint 
them that this House do agree to the first, second, fourth, 
sixth, seventh, eighth, and tenth of the said Amendments, 
and disagree to the third, fifth and ninth, and in those parts 
adhere to the Bill." 

The House continued till Monday 



Monday March 7 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Bichard Stockton Esq. 

M r Stockton reported that he had obeyed the Order of the 
House of Saturday last. 

M r Mehelm and M r Holme from the House of Assembly 
brought back from thence the Bill intituled "An Act to 
Authorize the present Treasurer of the Eastern Division to 
bring an Action against the late Treasurer " &c with a Mes- 
sage in the following words viz* 

House of Assembly March 7 th 1774 
" Ordered, that M r Mehelm and M r Holme do carry back 
" to the Council the Bill intituled "An Act to Authorize the 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 467 

"present Treasurer of the Eastern Division to bring an Action 
" against the late Treasurer for the Money said to be stolen 
"from the Treasury, and for other purposes therein mentioned, 
" together with the Amendments made thereto by the Council, 
'" and inform them that this House have agreed to all the said 
" Amendments except the twelfth, to which they have disa- 
" greed, and made an Amendment in these words, to wit, 
" John Weiherill James Kinsey and Robert Friend Price, to 
"be inserted in the Place of Samuel Tucker, Richard Law- 
" rence, and John Combs jun r and request that the Council 
" will concur with this House in the Above Amendment to 
" the Amendment of the Council." 

The House taking the said Message from the House of 
Assembly into Consideration, 

Resolved that this House do agree to the Amendment made 
by the House of Assembly to the Amendments of this House 
mentioned in the said Message. 

Ordered, that M r Lawrence do carry the Bill intituled "An 
Act to Authorize the present Treasurer of the Eastern Divi- 
sion to bring an Action against the late Treasurer " &c with 
the Amendments thereto annexed, to the House of Assembly, 
and acquaint them that this House has agreed to the Amend- 
ment made by the House of Assembly to the said Amend- 
ments, and signified in their Message of this day. 

The House having taken into Consideration the Message 
from the House of Assembly of the 5 th instant relative to the 
Amendments made to the Bill intituled "An Act to oblige 
the Treasurers of the Colony of New Jersey to give Security 
for the due Execution of their Offices " &c, 

Resolved, That this House do recede from the fifth of the 
said Amendments and adhere to all the rest 

Ordered, that M r Lawrence do carry the said Bill and 
Amendments back to the House of Assembly, and acquaint 
them with the foregoing resolve. 

M r Lawrence from the Committee to whom was referred 



468 NEW JERSEY COLONIAL DOCUMENTS. [1774 

the Bill intituled "An Act to prevent Dogs from killing 
Sheep, within the Township of Deptford" &c reported that 
the Committee had gone through the said Bill and that he 
was ready to report when the House would be Pleased to 
receive the same. 

Ordered, that the said Report be made immediately. 

Whereupon M r Lawrence reported the said Bill without 
any Amendment, and delivered it in at the Table. 

The House continued till 3 o'clock P. M. 



The House met pursuant to adjournment 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence, Esq. 

Richard Stockton Esq. 

M r Lawrence reported that he had obeyed the Order of the 
House of this Morning 

The Bill intituled " An Act to prevent Dogs from killing 
Sheep within the Township of Deptford in the County of 
Gloucester, and for other purposes herein mentioned," was 
read the Third time, and 

On the Question whether the same do pass. 

It was carried in the Negative. 

Ordered, that the said Bill do lie on the Table 

A Message from the House of Assembly by M r Combs and 
M r Hand in the words following viz* 

" House of Assembly March 7 th 1774 
" Ordered, that M r Wetherill, M r Fisher, M r Kinsey, M r 
"Lawrence, M r Paxson, M r Price and M* Hinchman be a 
" Committee to meet a Committee of the Council in a free 
" Conference on the subject Matter of the Bill intituled "An 
" Act to Oblige the Treasurers of the Colony of New Jersey to 
" give Security for the due Execution of their Offices, and to 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 469 

"prescribe the mode in which the same Security shall be taken, 
41 together with the Amendments made thereto by the Council 
" Ordered, that M r Combs and M r Hand do acquaint the 
" Council thereof, and desire them to appoint a Committee of 
" their House accordingly, together with the time and Place 
"of Meeting." 

The House taking the said Message into Consideration 

Ordered, that M r Stockton, M r Coxe, and M r Lawrence, or 
any two of them be a Committee to meet a Committee of the 
House of Assembly in a free Conferrence on the Subject of 
the said Bill and Amendments and that M r Speaker be re- 
quested to Assist the Committee of this House at the said 
Conferrence. 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith, and that the said Committees are to meet at 
the House of Joseph Haight at six o'Clock this Evening. 

The House continued till tomorrow 



Tuesday March 8 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Dey and M r Taylor from the House of Assembly 
brought from thence the Bill reingrossed with the Amend- 
ments agreed upon by both Houses intituled "An Act to 
Authorize the present Treasurer of the Eastern Division to 
bring an Action against the late Treasurer of the said Divis- 
ion for the sum of Six thousand five hundred and seventy 
Pounds nine shillings and four Pence, for which the said late 
Treasurer claims allowance in his Accounts alledging the same 
to have been stolen from the Treasury and for other purposes 



470 NEW JERSEY COLONIAL, DOCUMENTS. [1774 

therein mentioned." Which reingrossed Bill having been 
read and Compared, 

Ordered, that the Speaker do sign the same 

The House continued till tomorrow 



Wednesday March 9 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Eichard Stockton Esq. 

M r Fisher, M r Wetherill, M r Crane, M r Paxson, Collonel 
Ford, M r Dey, and M r Garritse, from the House of Assem- 
bly presented for the Concurrence of this House a Bill inti- 
tuled "An Act for the Support of Government of Hi& 
Majesty's Colony of New Jersey to commence the first day 
of October One thousand seven hundred and seventy three, 
and to End the first day of October One thousand seven 
hundred and seventy four, and to discharge the Publick 
Debts and Contingent charges thereof;" Which was read 
the first time and Ordered a second Heading. 

The House continued till 3 o'Clock P. M. 



The House met pursuant to adjournment 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

The Bill intituled "An Act for the Support of Govern- 
ment" &c was read the second time, and ordered a third 
reading. 



1774] JOURNAL, OF THE PRO VINCI AL COUNCIL. 471 

M r Tucker and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for striking One hundred thousand Pounds in Bills 
of Credit, and directing the Mode for sinking the same" 
Which was read the first time, and ordered a second reading. 

The House continued till to-morrow 



Thursday March 10 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

The Bill intituled "An Act for sinking One hundred thou- 
sand Pounds in Bills of Credit" &c was read the second time 
and ordered a third reading. 

The House continued till tomorrow 



Friday March 11 th The House met 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq 

The Bill intituled "An Act for the Support of Government 
of His Majesty's Colony of New Jersey to commence the first 
day of October One thousand seven hundred and seventy- three 
and to end the first day of October One thousand seven hun- 
dred and seventy- four, and to discharge the publick Debts and 
contingent Charges thereof," was read the third time, and 

On the Question 

Resolved, that the same do pass. 



472 NEW JERSEY COLONIAL DOCUMENTS. [1774 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act for striking One hundred 
thousand Pounds in Bills of Credit, and directing the Mode 
for sinking the same, was read the third time, and, 

On the Question, 

Eesolved, that the same do pass 

Ordered, that the Speaker do sign the same 

Ordered, that M r Stockton do acquaint the House of 
Assembly therewith. 

M r Stockton reported that he had obeyed the foregoing 
Orders of the House. 

M r Sykes and M r Pettit from the House of Assembly 
brought back the Bill intituled "An Act to oblige the Treas- 
urers of New Jersey to give Security for the due Execution 
of their Offices, and to prescribe the Mode in which the same 
Security shall be taken " reingrossed with the Amendments 
agreed upon by both Houses. 

Which reingrossed Bill was read and compared. 

Ordered, that the Speaker do sign the same. 

The House continued till three o'Clock P. M. 



The House met pursuant to adjournment 

Present 

John Stevens Esq. Stephen Skinner Esq. 

Samuel Smith Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

Richard Stockton Esq. 

M r Winds and M r Hand from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act for defraying incidental Charges" Which was 
read the first time and ordered a second reading. 

The Bill intituled "An Act for defraying incidental 



1774} JOURNAL OF THE PROVINCIAL COUNCIL. 473 

Charges," was read the second time and ordered a third 
reading. 

The Bill intituled "An Act for defraying incidental 
Charges" &c was read the third time, and 

On the Question 

Eesolved, that the same do pass. 

Ordered, that the Speaker do sign the same 

Ordered, that M r Parker do acquaint the House of Assem- 
bly therewith. 

M r Parker reported that he had obeyed the Orders of the 
House 

M r Dey and M r Combs from the House of Assembly 
informed the Speaker, that the Assembly had no further 
Business before them, and desired to know whether this 
House had any objection to their applying to his Excellency 
for a dismission. 

The House taking the said Message into Consideration 

Ordered, that M r Stockton do acquaint the House of 
Assembly that there is no farther Business before this House, 
and that they have no objection to such application being 
made. 

His Excellency came into the Council Chamber and hav- 
ing by the Deputy Secretary, ordered the Attendance of the 
House of Assembly, the Speaker with the said House attended 
accordingly, and His Excellency was Pleased to give his 
assent to the following Bills Enacting the same, and ordering 
them to be enrolled viz* 

N 1 "An Act for the Support of Government of His 
Majesty's Colony of New Jersey, to commence the first day 
of October One thousand seven hundred and seventy three, 
and to end the first day of October One thousand seven 
hundred and seventy four, and to discharge the Publick 
Debts and contingent Charges thereof. 

2 An Act for defraying Incidental Charges. 

3 An Act for regulating Roads and Bridges. 

4 An Act for the settlement and Relief of the Poor. 



474 NEW JERSEY COLONIAL DOCUMENTS. [1774 

5 An Act for the more speedy recovery of Legacies in this 
Province, and for Affirming such Acts of Administrators 
Bona Fide done before notice of a Bill. 

6 An Act for Lowering the Interest of Money to six Per 
Cent within this Colony. 

7 A Supplementary Act to An Act intituled An Act for 
the more effectual discovery and Punishment of the Crime of 
Horse Stealing 

8 An Act more effectually to punish the Counterfietors of 
Foreign Gold or Silver Coin, Current within the Colony of 
New Jersey, and the utterers thereof, knowing the same to be 
Counterfiet. 

9 An Act more effectually to prevent the Erecting of 
Lotteries and selling of Lottery Tickets within this Colony. 

10 An Act to Oblige the Treasurers of the Colony of New 
Jersey, to give Security for the due Execution of their Offices, 
and to prescribe the Mode in which the same Security shall 
be taken. 

11 An Act to. Authorize the present Treasurer of the 
Eastern Division to bring an Action against the late Treasurer 
of the said Division, for the sum of Six thousand five hun- 
dred and seventy Pounds nine shillings and four Pence, for 
which the said late Treasurer claims allowance in his Accounts 
alledging the same to have been stolen from the Treasury, 
and for other purposes therein mentioned. 

12 An Act for striking One hundred thousand Pounds in 
Bills of Credit, and directing the Mode for sinking the same. 

13 An Act for the better preserving of Oysters in the 
Colony of New Jersey. 

14 A Supplementary Act to An Act intituled An Act for 
regulating Fences. 

15 An Act to Postpone the payment of the Provincial 
Taxes into the Treasury of this Colony for one Month, and 
for other Purposes therein mentioned. 

16 An Act to regulate the Packing of Beef and Pork and 
to Ascertain the Size of Casks. 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 475 

17 An Act to Enable the Owners and Possessors of the 
Low Lands, Meadows and Swamps on both sides of Assun- 
pink Brook, from the Line commonly called George Keiths, 
to the Lands of John Ely, to remove the Obstructions to the 
free Course of the Waters of the same Brook. 

18 An Act for Erecting a Convenient Gaol in the County 
of Cape May, and to Authorize the Rebuilding and Repair- 
ing of the Court House or Gaol of that County at any time 
hereafter. 

19 An Act to Enable sundry of the Owners and Possessors 
of Meadows and Tide Marsh lying on Masons Creek in the 
Township of Evesham and County of Burlington, to Erect 
and Maintain a Bank, Dam and other Water Works, across 
the said Creek in order to prevent the Tide from overflowing 
the same. 

20 An Act to Enable the Owners and Possessors of a 
Tract of Marsh and Meadow in Lower Penns Neck in the 
County of Salem, to uphold and maintain a certain Bank for 
draining the said Marsh, and for other purposes therein 
mentioned. 

21 An Act to Enable the Owners and Possessors of a 
Tract of Marsh and Swamp in upper Penns Neck, in the 
County of Salem to Erect and Maintain a Bank Dam, and 
other Water Works in order to prevent the Tide from over- 
flowing the same. 

22 An Act to repair and Amend the publick Roads and 
Streets in the Northern Ward of the City of Perth Amboy, 
and to repair the Town Wharf in the said City, by a Tax on 
the Inhabitants of the said Northern Ward, and for other 
Purposes therein mentioned. 

23 An Act to Suspend the Prosecution of the County Col- 
lector of Cape May for a limited time. 

24. An Act for Erecting a Dam, Mills, and other Water 
Works on Nacut l Creek in the County of Gloucester, and 
to Indemnify those whose Property may be injured thereby. 

1 Nacote. 



476 NEW JERSEY COLONIAL DOCUMENTS. [1774 

25 An Act to Enable the Owners and Possessors of the 
Meadows and Marsh adjoining Repaupa Creek in the County 
of Gloucester, to Erect, cast up repair and maintain a Dam 
and Bank and Water Works sufficient to prevent the Tide 
from overflowing the Same. 

26 An Act to Enable Sundry of the Owners and Possess- 
ors of Meadows and Tide Marsh lying on English's Creek, 
in the County of Burlington, to Erect and Maintain a Bank, 
Dam, and other Water Works, across the said Creek in order 
to prevent the Tide from overflowing the same, and to Keep 
the former Course of said Creek open and clear, And to make 
the said Dam when Erected a Publick Landing. 

27 An Act to Enable the Owners and Possessors of 
Marshes, Meadows, and Swamps bounding on the South 
West side of Racoon Creek, between the Banks of Constan- 
tine Wilkins and Conrad Shoemaker in the Township of 
Woolwich and County of Gloucester known by the name of 
the Thoroughfare Island Marshes, Meadows and Swamps, to 
stop out the Tide from overflowing the same, and for other 
Purposes therein Mentioned. 

28 An Act for Rebuilding, Repairing and Maintaining the 
Draw Bridge over Crosswicks Creek in the County of Bur- 
lington, and for repairing the Causeways adjoining said 
Bridge. 

29 An Act to Revive part of an Act intituled An Act to 
Impower the Inhabitants of the Townships of Bridgewater 
and Bedminster in the County of Somerset to repair their 
Publick Highways by Hire, and to raise Money for that 
purpose. 

30 An Act to Impower the Inhabitants of the Townships 
of Elsingborough, Pilesgrove and Pittsgrove in the County 
of Salem, to repair their publick Highways by Hire, and to 
raise Money for that purpose. 

31 An Act to Enable sundry Persons Proprietors and Pos- 
sessors of certain Lands and Meadows lying upon the Wai- 
kill, in the County of Sussex commonly called and known by 



1774] JOURNAL OF THE PROVINCIAL COUNCIL. 477 

the name of the Drowned Lands, to drain the same, and for 
other Purposes therein mentioned. 

32 An Act to Believe Sarah Ely, Isaac De Cow, and 
David Brearly jun r with respect to the loss of two Title 
Deeds by Fire 

33 An Act for the Relief of Abner Hetfield an Insolvent 
Debtor 

After which His Excellency was Pleased to make a Speech 
to the House of Assembly, and then to prorogue the General 
Assembly to Wednesday the twentieth day of April next, then 
to meet at Perth Amboy. Which Speech was in the words 
following viz* 

Gentlemen of the Assembly. 

" I have now given my Assent to all the Bills which have 
"passed the two Houses, except two Naturalization Bills, 
"which were inconsistant with a late Royal Instruction. 
" Some of them are not altogether conformable to my own 
" Judgment, yet as you were anxious to obtain them, and as 
" they might possibly answer the good purposes you seemed 
" to have in View, I would not refuse them my Assent. In 
"doing this And suppressing my Remarks on a Report of 
"your House containing unjust insinuations (whether in- 
" tended or not I will not say) respecting the Conduct of 
"some of the Officers of Government, I think I have fully 
" manifested a Disposition to cultivate that Harmony which 
" is so essential to the publick welfare. I shall therefore hope 
" that if we should ever meet again in Legislation, nothing 
" will be wanting on your parts to promote the same desire- 
" able Purpose. I heartily wish you safely to your respective 
" Homes, and by virtue of the Powers to me given I do pro- 
" rogue you to Wednesday the twentieth day of April next, 
" then to meet at Perth Amboy, and you are accordingly pro- 
" rogued. 

A True Copy of the Journal of the Votes and Proceedings 
of His Majesty's Council of New Jersey at a Session of the 



478 NEW JERSEY COLONIAL DOCUMENTS. [1775 

General Assembly begun and held at the City of Burlington 
on the tenth day of November 1773 
Examined by 

CHA* PETTIT D Clerk 

Of the Council 



A Journal of the Proceedings of His Majesty's 
[L. b.J c ounc i} f or the Province of New Jersey. 

At a Session of the General Assembly of the said Province 
begun and holden at the City of Perth Amboy on Wednesday 
the Eleventh Day of January in the fifteenth year of the 
Reign of our Sovereign Lord King George the Third Anno : 
Dom : 1775. 

Wednesday January 11 th The House Met. 

Present 

James Parker Esq r 
The Chief Justice 
Daniel Coxe Esq r 
John Lawrence Esq r 
Francis Hopkinson Esq r l 

The House continued till to Morrow 



Thursday January 12 th 1775. The House Met 

Present 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq. 

The Chief Justice Francis Hopkinson Esq r 

The House continued till to Morrow 

1 A signer of the Declaration of Independence. He was appointed to the Council 
in the place of Charles Reed, who left the Province. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 479 

Fryday January 13 th 1775. The House Met. 

Present 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

His Excellency came into the Council Chamber and hav- 
ing by the Deputy Secretary commanded the Attendance of 
the House of Assembly, the Speaker with the House attended, 
when His Excellency was pleased to make a Speech to both 
Houses, in the Words following viz* 

4 Gentlemen of the Council, and Gentlemen of the Assembly. 
'Altho' not more than Ten Months have elapsed since your 
' last Meeting in General Assembly, yet as there are several 
1 Matters of Importance which require the particular Atten- 
4 tion of the Legislature, I have thought it proper to give you 

* as early an Opportunity of transacting the public Business 

* as was consistent with you Conveniency. . 

* Gentlemen of the Assembly. 

' The Support of Government having been expired ever 
* since the first of October, I must recommend that Matter to 
1 your early Consideration. 

' The Barrack Master's Accounts, for the Expenditure of 
' the Money granted last year for the Supply of the King's 
4 Troops, shall be Laid before you as soon as they can be pre- 
' pared. 

' Gentlemen of the Council, and Gentlemen of the Assembly 
' It would argue not only a great Want of Duty to His 
' Majesty, but of Regard to the good People of this Province, 
' were I, on this Occasion, to pass over in silence the late 
'alarming Transactions in this and the neighbouring Colo- 
' nies, or not endeavor to prevail on you to exert yourselves 
4 in preventing those Mischiefs to this Country, which, with- 



480 NEW JERSEY COLONIAL DOCUMENTS. [1775 

' out your timely Interposition will, in all probability, be the 
' Consequence. 

' It is not for me to decide on the particular Merits of the 
' Dispute between Great Britain and her Colonies, nor do I 
' mean to censure those who conceive themselves aggrieved 
' for aiming at a Redress of their Grievances. It is a Duty 
' they owe themselves, their Country, and their Posterity. 

'All that I would wish to guard you against is the giving 
'any Countenance or Encouragement to that destructive 
' Mode of Proceeding which has been unhappily adopted in 
' Part by some of the Inhabitants in this Colony, and has 
'been carried so far in others as totally to subvert their 
' former Constitution. It has already struck at the Authority 
'of one of the Branches of the Legislature in a particular 
' Manner. And, if you, Gentlemen of the Assembly, should 
' give your Approbation to Transactions of this Nature, you 
' will do, as much as lies in your Power, to destroy that Form 
'of Government of which you are an important Part, and 
' which it is your Duty by all lawful Means to preserve. To 
' you, your Constituents have intrusted a particular Guardian- 
' ship of their Rights and Privileges. You are their legal 
' Representatives, and you cannot without a manifest Breach 
' of your Trust, Suffer any Body of Men, in this or any of 
' the other Provinces, to usurp and exercise any of the Powers 
' vested in you by the Constitution. It behooves you particu- 
' larly, who must be Constitutionally supposed to speak the 
'Sense of the People at large, to be extremely cautious in 
'consenting to any Act whereby you may engage them as 
' Parties in, and make them answerable for Measures which 
'may have a Tendency to involve them in Difficulties far 
' greater than those they aim to avoid. 

'Besides, There is not, Gentlemen, the least Necessity, 
' consequently there will not be the least Excuse, for your 
' running any such Risks on the present Occasion. If you 
'are really disposed to represent to the King any Incon- 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 481 

' veniences you conceive yourselves to lie under, or to make 
' any Propositions on the present State of America, I can* 
* assure you, from the best Authority, that Such Representa- 
' tions or Propositions will be properly attended to, and cer- 
1 tainly have greater Weight coming from each Colony in its 
' separate Capacity, than in a Channel, of the Propriety and 
' Legality of which there may be much Doubt. 

' You have now pointed out to you, Gentlemen, two Roads 
1 one evidently leading to Peace, Happiness, and a Restora- 
' tion of the Public Tranquility the other inevitably con- 
' ducting you to Anarchy, Misery, and all the Horrors of a 
' Civil War. Your Wisdom, your Prudence, your Regard 
'for the true Interests of the People, will be best known 
' when you have shewn to which Road you give the Prefer- 
' ence. If to the former, you will probably afford Satisfac- 
tion to the Moderate, the sober, and the discreet Part of 
< your Constituents. If to the latter, you will, perhaps for a 
' Time, give Pleasure to the Warm, the rash, and the incon- 
1 siderate among them, who, I would willingly hope, violent 
1 as is the Temper of the present Times, are not even now 
'the Majority. But it may be well for you to remember, 
f should any Calamity hereafter befal them, from your Com- 
' pliance with their Inclinations, instead of Pursuing, as you 
' ought, the Dictates of your own Judgment, that the Conse- 
' quences of their returning to a proper Sense of their Con- 
' duct may prove deservedly fatal to yourselves. 

* I shall say no more at Present on this disagreeable Sub- 
'ject, but only to repeat an Observation I made to a former 
1 Assembly on a Similar Occasion. " Every Breach of the- 
" Constitution, whether it proceeds from the Crown or the 
" People, is, in its' Effects, equally destructive to the Rights 
** of both. It is the Duty, therefore of those who are in- 
" trusted with Government, to be equally careful in guarding 
" against Encroachments from the one as the other. But It 
" is (says one of the wisest of Men) a most infallible Symptom 

31 



482 NEW JERSEY COLONIAL DOCUMENTS. [1775 

" of the dangerous State of Liberty, when the chief Men of a 
11 free Country shew a greater Regard to Popularity than to 
" their own Judgment." l 

Council Chamber 1 W m FRANKLIN. 

January 13 th 1775. / 

After which the Speaker with the House of Assembly 
withdrew. 

The House continued till to Morrow 



Saturday January 14 th 1775. 
The House Met 

Present 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

A Message from the House of Assembly, by M r Hewlings 
and M r Eldridge, in the Words following, viz* 

" Ordered That M r Hewlings and M r Eldridge do wait on 
" the Council and inform them that this House have appointed 
" a Committee viz* M r Fisher, M r Wetherill, M r Kinsey, M r 
" Crane, M r Hinchman, M r Tucker & M r Mehelms and M r 
" Speaker is desired to meet the said Committee to inspect 
" the Laws as prepared by M r Allinson for the Press, and to 
"request the Council (if they think proper) to name a Com- 
" mittee to join and assist the Committee of this House in 
" inspecting the Laws so prepared." 

House of Assembly \ JONA : DEARE Clk 

Jan y 14 th 1775. / 

Ordered, That the Chief Justice, M r Coxe and M r Law- 
rence, or any two of them, be a Committee to join the Com- 
mittee of the House of Assembly to inspect the Laws as 
prepared by M r Allinson for the Press. 

1 Printed in N. J. Archives, X., 538. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 483 

Ordered, That M r Lawrence do acquaint the House of 
Assembly therewith. 

The House continued till Monday next. 



Monday January 16 th 1775 The House Met 

Present 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Daniel Coxe Esq' 
John Stevens Esq r John Lawrence Esq* 

James Parker Esq r Francis Hopkinson Esq 1 

The House continued till to Morrow 



Tuesday January 17 th 1775 The House Met. 

Present 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Daniel Coxe Esq r 
John Stevens Esq r John Lawrence Esq* 

James Parker Esq* Francis Hopkinson Esq 1 

The Chief Justice 

The House continued till to Morrow. 



Wednesday January 18 th 1775 The House Met 
Present, as before. 

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

"Ordered That M r Lawrence, M* Tucker, M r Mehelm, 
<' M r Sheppard and M r Eldridge, or any three of them be 
" a Committee to join a Committee of the Council to settle 
"the Eastern Treasurer's Accounts and burn the cancelled 
" Money in his Hands and make Report to the House and 



484 NEW JERSEY COLONIAL DOCUMENTS. [1775 

"that M r Combs and M r Winds do inform the Council 
"thereof and desire them to appoint a Committee for that 
" Purpose together with the Time and place of Meeting." 

House of Assembly \ 

January 14 th 1775. J 

The House taking the said Message into Consideration 

Ordered, That M r Stevens, M r Coxe and M r Lawrence or 
any two of them be a Committee to join with a Committee 
of the House of Assembly to settle the Eastern Treasurer's 
Accounts and burn the cancelled Money in his Hands, and 
make Eeport to the House that the said Committees do 
meet for that purpose on Fryday next at Six o'Clock in the 
Evening, at the said Treasurer's House. And that M r Hop- 
kinson do acquaint the House of Assembly therewith. 

M r Hopkinson Keported that he had obeyed the Order of 
the House. 

His Excellency's Speech to both Houses at the Opening of 
this Session being read. 

Ordered, That M r Parker, M r Stockton and M r Hopkinson 
be a Committee to prepare and bring in the Draught of an- 
Address to His Excellency in Answer to the said Speech. 

The House continued till to Morrow. 



Thursday January 19 th 1775. The House Met. 

Present, as before 
The House continued till to Morrow. 

Fryday January 20 th 1775. The House Met, 

Present as before. 
The House continued till to Morrow. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 485 

Saturday January 21 8t 1775. The House Met. 

Present as before. 
The House continued till Monday next. 

Monday January 23 d 1775. The House Met 

Present 

John Stevens Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

Richard Stockton Esq r Francis Hopkinson Esq r 

The House continued till to Morrow 

Tuesday January 24 th 1775. The House Met. 

Present 

David Ogden Esq r Richard Stockton Esq r 

John Stevens Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq. 

The Chief Justice Francis Hopkinson Esq r 

M r Parker from the Committee to whom it was referred to 
prepare and bring in a Draught of an Address to His Excel- 
lency in answer to his Speech at the Opening of the Session, 
reported that the said Committee had prepared the Draught 
of an Address which he was ready to report when the House 
would be pleased to receive the Same 

Ordered that the said Report be made immediately. 

M r Parker then Read the said Draught in his Place and 
delivered it in at the Table. 

And the said Draught having been again Read and some 
Amendments made thereto. 

Ordered, That the said Address be engrossed. 

The House continued till to Morrow. 



486 NEW JERSEY COLONIAL DOCUMENTS. [1775 

Wednesday January 25 th 1775 The House met 

Present 

Peter Kemble Esq r The Chief Justice 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Daniel Coxe Esq r 

John Stevens Esq r John Lawrence Esq r 

James Parker Esq r Francis Hopkinson Esq r 

The Engrossed Address to His Excellency being read and 
Compared and approved by the House. 

Ordered that the Speaker do sign the same 

Ordered, That M r Coxe and M r Hopkinson wait upon Hi 
Excellency and request to know when he will be pleased to 
receive the Address of the House. 

M r Coxe reported that M r Hopkinson and Himself had 
obeyed the Order of the House, and that His Excellency was 
pleased to say the House should hear from him. 

The House continued till to Morrow. 



Thursday January 26 th 1775. The House Met 

Present 

Peter Kemble Esq. The Chief Justice 

David Ogden Esq r Daniel Coxe Esq r 

The Earl of Stirling John Lawrence Esq r 

John Stevens Esq r Francis Hopkinson Esq r 

James Parker Esq r 

M r Hinchman and M r Holmes from the House of Assembly, 
presented for the Concurrence of this House, a Bill intituled 
"An Act to enable the Owners and Possessors of the Meadows 
and Swamps lying on Ramboes Run in the Township of 
Deptford in the County of Gloucester to keep up and main- 
tain the Bank, Dam, and other Water Works necessary to 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 487 

keep the Tide from overflowing the same, and to keep the 
Water Course open and Clear." 

Which Bill was read the first time and Ordered a second 
Reading. 

M r Tucker and M r Roy from the House of Assembly, pre- 
sented for the Concurrence of this House, a Bill intituled 
"An Act to erect and establish Courts in the Several Counties 
in this Colony for the Trial of Small Causes and to Repeal 
the former Act for that purpose." 

Which Bill was Read the first Time, and Ordered a second 
Reading. 

His Excellency came into the Council Chamber and hav- 
ing signified that he was ready to receive the Address of this 
House, the House attended and by their Speaker presented 
the following address, viz' 

"To His Excellency William Franklin Esq r Captain 
" General, Governor and Commander in Chief in and over 
" His Majesty's Province of New Jersey and Territories 
"Depending in America, Chancellor and Vice Admiral in 
" the same &c. 

"The Humble Address of His Majesty's Council of the 
" said Province. 

" May it please your Excellency, 

" We, His Majesty's most dutiful and Loyal Subjects, the 
" Council of the Province of New Jersey, beg leave to return 
" your Excellency our Thanks for your speech at the Opening 
" of this Sessions : and to express our Obligations for having 
" given us so early an Opportunity of transacting the public 
" Business : and that you have been pleased therein to Consult 
" our Conveniency. 

" We agree with your Excellency that it would argue not 
" only a great Want of Duty to His Majesty but of Regard to 
" the good People of this Province, were we on this Occasion, 
" to pass over in Silence the present alarming Transactions 
"which are so much the Object of public Attention, and 



488 NEW JERSEY COLONIAL DOCUMENTS. [1775 

"therefore beg Leave to assure you that, feeling ourselves 
" strongly influenced by a zealous Attachment to the Interests 
" of Great Britain and her Colonies, and deeply impressed 
" with a sense of the important Connection they have with 
" each other, we shall, with all Sincere Loyalty to our most 
" Gracious Sovereign, and all due Regard to the true Welfare 
" of the Inhabitants of this Province, endeavour to prevent 
" those Mischiefs which the present Situation of Affairs seems 
"to threaten, and by our Zeal for the Authority of Govern- 
" ment on the one Hand, and for the Constitutional Rights of 
41 the People on the other, aim at restoring that Health of the 
"Political Body which every good Subject must earnestly 
-" desire. 

" Your Excellency may be assured that we will exert our 
* f utmost Influence both in our publick and private Capacities 
" to restore that Harmony between the Parent State and His 
" Majesty's American Dominions which is so essential to the 
" Happiness and Prosperity of the whole Empire : and 
" earnestly looking for that happy Event, we will endeavour 
" to preserve Peace and good Order among the People and a 
" Dutiful Submission to the Laws." l 

To which His Excellency was pleased to Reply in the 
Words following, viz* 

" Gentlemen, 

I heartily thank you for this Address. 

" Your Sentiments concerning the present alarming Trans- 
41 actions Your Expressions of Zealous Attachment to the 
" Interests of Great Britain and her Colonies Your Promises 
" to exert your utmost Influence to restore Harmony between 
" them, and to preserve Peace, good Order, and a dutiful Sub- 
" mission to the Laws, are Such as evince your Loyalty to the 
" most gracious of Sovereigns, and your regard for the true 
"Welfare of the People. Their Constitutional Rights will 
''ever be found best Supported by a strict Obedience to the 
" Laws and Authority of Government. Whenever that Bar- 

1 Printed in N. J. Archives, X., 541. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 489 

4i rier is broken down, Anarchy and confusion, with all their 
" attendant Evils, will most assuredly enter and destroy all 
" the Blessings of Civil Society." 

A Message from the House of Assembly by M r Elmer and 
M r Hand, in the words following, viz* 

" M r Tucker from the Committee appointed to Settle the 
" Eastern Treasurer's Accounts informing the House that the 
" Committee cannot proceed in settling the same for Want of 
"Power to Settle with the late Treasurer (in whose Hands 
" the Cancelled Money is) Ordered that the same Committee 
" do in conjunction with the Committee of the Council, Settle 
"the late Treasurer's Accounts, and burn the Cancelled 
" Money in his Hands and make Report thereof to this House 
'" Ordered also that M r Fisher and M r Hinchman be added to 
" the said Committee for Settling the late and present Treas- 
" urers Accounts. Ordered that M r Elmer and M r Hand do 
" inform the Council thereof and desire them to appoint a 
"Committee for that purpose together with the Times and 
" place of Meeting." 

The House having taken the said Message into Considera- 
tion and finding that M r Stevens, M r Coxe and M r Lawrence 
have been appointed a Committee to join the Committee of 
the House of Assembly to settle the Eastern Treasurer's 
Accounts and burn the Cancelled Money in his Hands. 

Ordered, That the said Committee be also a Committee to 
join the Committee of the House of Assembly to settle the 
said Treasurer's Accounts and burn the cancelled Money in 
his Hands and make Report thereof to this House and that 
the said Committees do meet for that Purpose at the House 
of the said late Treasurer at 9 o'clock on Tuesday Morning 
next. 

Ordered, That M r Lawrence do Acquaint the House of 
Assembly therewith. 

M r Lawrence reported that he had odeyed the Order of the 
House. 

The House continued till to Morrow. 



490 NEW JERSEY COLONIAL DOCUMENTS. [1775 



Fryday January 27 th 1775. The House Met 

Present 

Peter Kemble Esq r The Chief Justice 

David Ogden Esq r Daniel Coxe Esq r 

The Earl of Stirling John Lawrence Esq r 

John Stevens Esq r Francis Hopkinson Esq r 

James Parker Esq r 

The House continued till to Morrow. 



Saturday January 28 th 1775. The House Met. 

Present as before. 
The House continued till Monday next 

Monday January 30 th 1775. The House Met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

The Bill intituled "An Act to enable the owners and Pos- 
sessors of the Meadows and Swamps lying on Ramboes Run" 
&c was read the Second Time, and Ordered a third Reading. 

The Bill intituled "An Act to erect and establish Courts in 
the Several Counties in this Colony for the Trial of Small 
Causes " &c were read the second Time and committed to the 
Members of this House or any three of them. 

The House continued till to Morrow. 



1775] JOUBNAL OF THE PKOVINCIAL COUNCIL. 491 

Tue&day January 31 flt 1775. The House Met. 

Present as before. 
The House continued till to Morrow 

Wednesday February I 8t 1775. The House Met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

M r Mehelm and M r Elmer from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to regulate the taking Fish in the River Delaware 
" above the Falls at Trenton," which Bill was read the first 
Time and ordered a second Reading. 

M r Dey and M r HanS from the House of Assembly pre- 
sented for the Concurrence of this House "An Act to assess 
the Township of Amwell in order to reimburse Joseph 
Moore for Repairing a Bridge in the said Township." 

Which Bill was read the first Time and ordered a second 
Reading. 

M r Parker from the Committee to whom was referred the 
Bill intituled "An Act to erect and establish Courts in the 
several Counties in this Colony for the Trial of Small 
Causes " &c reported that the said Committee had gone thro' 
the same and made sundry Amendments thereto, which he 
was ready to report when the House would be pleased to 
receive the same. 

Ordered that the said Report be made immediately. 

Whereupon M r Parker read the said Amendments in his 
place, and delivered them in at the Table. 

And the said Amendments being again read, were approved 
of by the House. 

The House continued till to Morrow 



492 NEW JERSEY COLONIAL DOCUMENTS. [1775 

Thursday February 2 d 1775 The House met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

The Bill intituled "An Act to erect and establish Courts in 
the several Counties in this Colony for the Trial of Small 
Causes, and to Repeal the former Act for that Purpose" was 
read the third Time with the Amendments in their Places, 
and on the Question 

Resolved that the said Bill as amended do pass. 

Ordered That the Speaker do sign the said Bill and 
Amendments. 

Ordered, That M r Parker do Carry the said Bill and 
Amendments to the House of Assembly and desire their 
Concurrence in the said Amendments. 

M r Parker reported that he had obeyed the order of the 
House. 

The Bill intituled "An Act to assess the Township of 
Am well in order to reimburse Joseph Moore for repairing a 
Bridge in said Township was read the second Time, and 
ordered a third Reading. 

The House continued till to Morrow. 

Fryday February 3 d 1775. The House met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

M r Winds and M r Elmer from the House of Assembly 
brought back to this House the Bill intituled "An Act to 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 49& 

erect and establish Courts in the several counties " &c with 
the following Message viz* 

" Ordered that M r Winds and M r Elmer do carry back to 
" the Council the'Bill intituled "An Act to erect and establish 
"Courts in the Several Counties for the Trial of Small 
" Causes " &c and acquaint them that this House do agree to 
" all the Amendments made by the Council except that in the 
" 16th Section to which they disagree, and in that Part adhere 
"to the Bill." 

The House taking the said Message into Consideration. 

Resolved, That this House do recede from the Amendment 
made to the 16th Section of the Bill intituled "An Act to 
" erect and establish Courts in the several Counties " &c. 

Ordered that M r Parker do Acquaint the House of 
Assembly therewith. 

The Bill intituled "An Act to assess the Township of 
Amwell in order to reimburse Joseph Moore for repairing a 
Bridge in said Township " was read the third Time, and on 
the Question. 

Resolved that the same do pass. 

Ordered that the Speaker do sign the same. 

Ordered that M r Parker do acquaint the House of Assembly 
therewith. 

M r Parker reported that he had obeyed the Orders of the 
House. 

The Bill intituled "An Act to regulate the taking Fish in 
the River Delaware above the Falls at Trenton," was read 
the second Time, and 

On the Question whether the said Bill be ordered a third 
Reading. 

It was carried in the Negative. 

Ordered that the said Bill do lie on the Table. 

M r Stevens, from the Committee appointed to join with a 
Committee of the House of Assembly to settle the Accounts 
of the Eastern Treasurer and burn the cancelled Money in 
his Hands and also to settle the Accounts of the late Eastern 



494 



NEW JERSEY COLONIAL DOCUMENTS. 



[1775 



Treasurer and burn the cancelled Money in his Hands, 
reported that the said Committees had Met according to 
Appointment and settled the Accounts of the said Treasurers 
and burnt the cancelled Money in their Hands respectively 
and that he was ready to make Report thereof when the 
House would be pleased to receive the same. 

Ordered that the said Keport be made immediately 
Whereupon M r Stevens read the said Accounts in his 
Place and delivered them in at the Table and the same 
being again read were approved by the House. 

Ordered that the said Accounts be inserted in the Minutes 
of this House ; and they are as follows, viz* 



D r Stephen Skinner his Account Current with the 
Province of New Jersey 



To Ballance 
of Acct Set- 
tled by the 
Committee 
7th Sept 
1772 6711 ,, 18 ,,8% 

Deduct there- 
from the 
Money Sto- 
len from 
the Treas- 
ury 21st 
July 1768.. ..6570,, 9,, 4 

141,, 9,, 4| 

To Ballance of Sinking 

Fund 15768,, 5,, 3 

To Ballance Support 

Government 485,, 15,, 

To Cash for Exchang- 
ing Bagged Bills 5000,, 0,, 

To D of John Wether- 
ill for Fine of a Ped- 
lar 7,,10,, 



21402 ,,19,, 7| 



By Amount of Sun- 
dry Vouchers 
Produced in- 
dorsed and Al- 
lowed 2791 ,,13 ,,4 

By Cash paid John 
Smyth P Kec*... 17111 6 3| 

By Cash paid John 

Smyth per rec 4 .. 1500 



Perth Amboy January 24 th 1775. 



21402 19 7| 



STEPHEN SKINNER. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 495 

The above is the Account of the late Treasurer as Exhib- 
ited by him to us, but to which your Committees could not 
Agree, as the sum of 6570 9 4 is deducted, which sum 
is said to be stolen out of the Treasury, and for which an 
Action is now depending and undetermined Therefore State 
the following Account. 

By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 



D r Stephen Skinner his Account Current with the C r 
Province of New Jersey 

To ballance of Acco* By Amount of sun- 
Settled by the Com- dry Vouchers 
mittee 7 th Sep r 1772. .6711 18 8| Indorsed and 

To Ballance of Sinking Allowed 2791 12 4 

Fund ....15768,, 5,, 3 By Cash paid John 

To Ballance of Support Smyth Esq* the 

of Government 485 ,,15,, present Treasu- 

To Cash for exchanging rer as P Acc fc ... 18611 6 3 

raggedBills 5000,, 0,, Ballance due to 

To D of John Wether- the Province 6570,, 9,,4 

ill for Fine of Pedlar. 7 ,,10,, 



27973,, 8,,llf 27973 8,,llf 

Perth Amboy, Janry 24 th 1775. 

By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 



D r Stephen Skinner Acco* Support Government with C r 
the Province of New Jersey 

To a Tax Ordered to be Levied for Sup- By Sundry Deficiencies of Taxes 
port of Government for the Year not paid in to be Accounted for 
1773 viz. by M r Treasurer J. Smyth, viz. 



496 



NEW JERSEY COLONIAL DOCUMENTS. 



[1775 



Bergen 


232 


1 1 




o 


Ussex ,2bu,,i,, u 








260 


1 




Q 


MirlrllpspTr SCW fi 








316, 


9 







Monmouth.374 4 






Middlesex 


305, 


6 









1256 


o,,o 


Monniouth 


374, 


4 


JJ 





Ballance Carried 








253, 


4 







to Ace* Current.. 


485,, 


15 ,,0 



















1741 15 



1741 15 



Perth Amboy January 23 d 1775. 

By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 



D r Stephen Skinner Account of the Sinking Fund 
with the Province of New Jersey 



To Ballance of Account 
7^ Sept 1772 

To Cash Re- 
ceived of 
Middlesex 
County Defi- 
ciency 1770.. 654,,16,,0 

To Do Mon- 
mouth De- 
ficiency 243 ,,17 ,,8 

To Do Somer- 
set Do 78 ,,13 ,,5 



To the Sinking Fund 
Tax directed to be 
Raised for the year 
1772, viz* 

Bergen 830,,10,,0 

Essex 928,,14,,0 

Middlesex 1090,, 8,,0 

Monmouth 1336,, 8,,0 

Somerset 1130,, 2,,0 

Morris 904,, 5,,0 

To the Sinking Fund 
Tax directed to be 
raised 1773, viz 4 

Bergen 830,,10,,0 

Essex 928,.14,,0 

Middlesex 1090,, 8,,0 

Monmouth.... 1336,, 8,,0 

Somerset 1130,, 2,,0 

Morris 904,, 5,,0 



By Current Bills of Credit Cancelled 
by the Justices and Freeholders as 
^ tneir certificate May 1773 in full 
of the Tax for the year 1770, and this 



977 7, ,1 



day Burned... 
By Current Bills of 
Credit Cancelled by 
the Justices and 
Freeholders as per 
their Certificate in 
May 1773 Part of the 
Tax of 1771, and this 
Day Burned 



6220 7 By Sundry Deficien- 
cies of Taxes not 
Paid in viz* for 
the year 1772 

Middlesex,515,, 4,,0 
Monmouth 211 ,,17 ,,5 
486,,9,,2 



Ballance to Acco* 



2741,, 3 ,,6 



4420 ,, 



1213 ,,10 ,,7 



6220,, 7 ,,0 Current 15768,, 5,,S 



21,402 ,,4 ,,4 



21,402 ,,4,, 4 



Perth Amboy January 23 d 1775. 

By Order of the Committees. 

JN STEVENS, 
RICH* LAWRENCE. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 497 

D r John Smyth his Account Current with the C* 
Province of New Jersey 

To Cash Reed By Sundry Vouch- 

of the late ers Produced in- 

Treasurer.. ..17111 ,,6, ,3 , . , , 

To Do Reed of dorsed . and al ~ 

Do 1500,,0,,0 lowed including 

18611 6 3 Support of Gov- 

To Ballance of Sinking ernment War 

Fund 2664 ,,10 ,,2 FundandBoun- 

To Ballance of Support ties 2635,, ^5,, 7 

of Government 1820,, 2,,0 Ballance due the 

To Cash of Joseph Province 20,550 ,,13 ,,11 

Skelton for fine of a 

Pedlar 7,,10,,0 

To Ballance Kec d in 

full of old Arrears 

for the County of 

Middlesex 82,,11,,0 



23,185 ,,19 ,,6 23185 19 6 



Perth Amboy February 3 d 1775. 

JOHN SMYTH Treas r 
By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 

Besides the above Ballance there is in the present Treasu- 
rer's Hands Outstanding Debts on Account of the Parlia- 
mentary Donations a Bond and Mortgage from Lord Stirling 
for 2605 18 8 of which no Part is paid, Also Bonds and 
Mortgages from John and Gabriel Ogden for 1753 16 3 
of which last the present Treasurer has received 100 : the 
sum of 160: received on same Account being Accounted 
for by the Late Treasurer in 1771. 

D r John Smyth Account of Support of Government C r 
with the Province of New Jersey 

To Cash rec d for County Deficiencies for By Sundry Deficiencies of Taxes 
the year 1773 viz* not paid in, viz fc 

32 



498 NEW JERSEY COLONIAL DOCUMENTS. [1775 



260,,!, ,0 Essex 260,,1,,0 

Somerset 316 ,,9 ,,0 Middlesex... 307,,4,,2 

Middlesex 305, , 6, ,0 Monmouth.. 610, ,7, ,9 

Monmouth 374,,4,,0 1177,,12,,11 

1256,, 0,, Ballance carried to 

To a Tax Ordered to be Ace* Current 1820,, 2,, 

Levied for Support of 

Government for the 

year 1774 viz* 

Bergen 232,,ll,,0 

Essex 260,, 1,,0 

Somerset 316,, 9,,0 

Middlesex 305,, 6,,0 

Monmouth 374,, 4,,0 

Morris 253,, 4,,0 

1741 ,,15,, 




2997 ,,15,, 2997 ,,15,, 



Perth Amboy February 2 d 1775. 

JOHN SMYTH Treasurer. 
By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 

D r John Smyth Account of the Sinking Fund with C r 
the Province of New Jersey 

To Cash Kec d on Ac- By Current Bills of 

count of Deficiency "Credit Laid before 

for the year 1772 the Justices and 

viz* Freeholders as per 

Middlesex 515,, 4,,0 their Certificate 

5SJS th 2S l l* May 1774 in Part 

>0merset 486 " 9 " 2 1 oio 10 7 of the Tax 1771, 

1213 ,,10,, 7 and thig da ^ 

To the Sinking Fund burned ^4237 6 

Tax directed to be By Sundry Deficien- 

raised for the year ' cies of ' Taxea not 

1774 ' V1Z paidinfortheyear 

Bergen 996,, 12 ,,0 [774 v j z t 

Essex 1114,, 7,0 Iff*, VlX 

Middlesex 1308 10 Essex 467 ,, 12 ,,5 

Monmouth 1603, ,14 Middlesex.. 1308,, 10,, 

Somerset 1356,, 3,,o' 1776,, 2,,5 

Morris 10 85" 2,,0 Ballance to Account 

7464,, 8,, Current 2664 ,,10 ,,2 

8677 ,,18,, 7 8677 18 7 



Perth Amboy, February 2 d 1775. 

By Order of the Committees. 

JN STEVENS. 
RICH* LAWBENCE. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 499 

D r John Smyth Treasurer on Account of Old Deficiencies C r 
with Province of New Jersey. 

To Old Arrearages Or- By Cash Received from 
dered to be Levied the County of Mid- 
1773, vizt dlesex and Carried 

Middlesex 82,,ll,,0}$ to the Credit of the 

Bergen 21,, 4,,9& Province in Account 

| omerset l 5 Current with the 

Essex 72 6 534 

Do 42,,16,',0 Treasurer 82, 11,,OJ- 

Ballance due the 
Province 137,,12,,3 

220,, 3 ,,3 220,, 3,, 3 



Perth Amboy, February 3 d 1775. 

By Order of the Committees. 

JN STEVENS. 
RICH* LAWRENCE. 

The House continued till to Morrow. 



Saturday February 4 th 1775. The House Met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

The House continued till Monday next. 



Monday February 6 th 1775. The House met. 
Present as before. 

The Bill intituled "An Act to enable the Owners and Pos- 
sessors of the Meadows and Swamps lying on Ramboes Run 
in the Township of Deptford in the County of Gloucester to 



500 NEW JERSEY COLONIAL DOCUMENTS. [1775 

keep up aod maintain the Bank Dam and other Water Works 
necessary to keep the Tide from Overflowing the same, and 
to keep the Water Course open and clear," was read the third 
time, and on the Question 

Kesolved that the said Bill do pass. 

Ordered, That the Speaker do Sign the Same. 

Ordered, That M r Hopkinson do acquaint the House of 
Assembly therewith. 

M r Hopkinson reported that he had Obeyed the Order of 
the House. 

M r Dey and M r Sheppard from the House of Assembly 
brought back the Bill reingrossed with the Amendments of 
this House, intituled "An Act to erect and establish Courts 
in the several Counties in this Colony for the Trial of Small 
Causes, and to Repeal the former Act for that purpose " 

Which reingrossed Bill having been read and Compared. 

Ordered That the Speaker do sign the same. 

M r Roy and M r Combs from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled 
"An Act for raising the sum of three Hundred and fifty 
" seven Pounds fourteen shillings and eleven pence proclama- 
" tion Money on the Inhabitants of the County of Somerset 
" for repaying certain Persons therein named the Money they 
" have Advanced in rebuilding Queens Bridge." 

Which Bill was read the first Time and Ordered a Second 
Reading. 

M r Roy and M r Combs from the House of Assembly pre- 
sented for the Concurrence of this House a Bill intituled "An 
" Act for raising the sum of One hundred and Twenty Two 
"Pounds fourteen shillings and three pence proclamation 
" Money on the Inhabitants of the Counties of Middlesex 
"and Somerset for repaying the Managers of the Landing 
" Bridge, the Money they have advanced for compleating the 
"said Bridge" 

Which Bill was read the first Time and Ordered a Second 
Reading. 

The House continued till to Morrow. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 501 

Tuesday February 7 th 1775. The House Met. 

Present 

Peter Kemble Esq r Daniel Coxe Esq r 

John Stevens Esq r John Lawrence Esq r 

James Parker Esq r Francis Hopkinson Esq r 

The Bill intituled "An Act for raising the sum of Three 
" Hundred and fifty seven Pounds fourteen shillings and 
*' eleven Pence Proclamation Money, on the Inhabitants of 
"the County of Somerset for repaying" & was read the 
Second Time and Ordered a third reading. 

The Bill intituled "An Act for raising the sum of One 
"Hundred and twenty two Pounds fourteen shillings and 
" three pence proclamation Money on the Inhabitants of the 
"Counties of Middlesex and Somerset for repaying" &c. 
was read the second Time and ordered a third reading. 

M r Fisher and M r Mehelm from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
" An Act for Preserving of Oysters in the Colony of New 
" Jersey." 

Which Bill was Read the first Time and ordered a second 
Reading. 

The House continued till to Morrow 



Wednesday February 8 th 1775. The House Met 

Present 

Peter Kemble Esq r The Chief Justice 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

James Parker Esq r Francis Hopkinson Esq r 

The Bill intituled "An Act for raising the sum of Three 
" Hundred and fifty seven Pounds fourteen shillings and 
" Eleven pence " proclamation Money on the Inhabitants of 



502 NEW JERSEY COLONIAL DOCUMENTS. [1775 

" the County of Somerset for repaying certain Persons therein 
" named the money they have advanced in rebuilding Queen's 
" Bridge," was read the third Time, and on the Question. 

Resolved that the same do pass. 

Ordered that the Speaker do sign the Same. 

Ordered that M r Coxe do acquaint the House of Assembly 
therewith. 

The Bill intituled "An Act for raising the sum of One 
" Hundred and Twenty two Pounds fourteen shillings and 
" three pence proclamation Money, on the Inhabitants of the 
"Counties of Middlesex and Somerset for repaying the 
"Managers of the Landing Bridge the Money they have 
" advanced for Compleating the said Bridge," was read the 
third Time, and on the Question, 

Resolved, that the Same do pass. 

Ordered that the Speaker do sign the same. 

Ordered, that M r Coxe do acquaint the House of Assembly 
therewith. 

M r Coxe reported that he had obeyed the Orders of the 
House. 

The Bill intituled "An Act for preserving of Oysters in 
the Colony of New Jersey," was read the Second Time, and 
committed to the Members of this House or any three of them. 

M r Crane and M r Winds from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"An Act to confirm and Establish a Road laid out by virtue 
of an "Act entitled "An Act for laying out and establishing a 
Road from Bergen Point along up Newark Bay and from 
thence to Paulus Hook or Hudson's River." Which was 
read the first Time and ordered a Second Reading. 

Mr. Stockton from the Committee to whom was referred 
the Bill intituled "An Act for preserving of Oysters in the 
Colony of New Jersey" reported that the said Committee 
had gone thro' the said Bill and made sundry Amendments 
thereto, and one Amendment to the Title thereof which he 
was ready to Report when the House would be pleased to 
receive the same. 



1775] JOURNAL OF THE PROVINCIAL, COUNCIL. 503 

Ordered that the said report be made immediately. 

Whereupon M r Stockton read the said Amendments in his 
Place and delivered them in at the Table. 

And the said Amendments being again read were agreed to 
by the House. 

The Bill intituled "An Act for preserving of Oysters in 
" the Colony of New Jersey " was read the third Time with 
the Amendments in their Places, and on the Question. 

Resolved that the said Bill as amended do pass. 

Ordered That the Speaker do sign the said Bill and 
Amendments. 

Ordered That M r Stockton do carry the said Bill and 
Amendments to the House of Assembly, and desire their 
Concurrence in the said Amendments. 

The House continued till 4 o'Clock P. M. 



4 o'Clock P. M. The House Met. 
Present, as before. 

M r Stockton reported that he had obeyed the Order of the 
House of this Morning. 

The Bill intituled "An Act to confirm and establish a Road 
" laid out by virtue of an Act entitled An Act for Laying 
" out and establishing a Road from Bergen Point along up 
" Newark Bay and from thence to Paulus Hook on Hudson's 
" River," was read the Second Time and Ordered a third 
Reading. 

The House continued till to Morrow. . 

Thursday February 9 th 1775. The House Met 

Peter Kemble Esq r Richard Stockton Esq r 

David Ogden Esq r Stephen Skinner Esq r 

The Earl of Stirling Daniel Coxe Esq. 

John Stevens Esq r Francis Hopkinson Esq r 
James Parker Esq r 



504 NEW JERSEY COLONIAL DOCUMENTS. [1775 

M r Fisher and M r Combs from the House of Assembly, 
brought up the Bill reingrossed with the Amendments made by 
this House intituled "An Act for the preservation of Oysters 
in the Colony of New Jersey." Which reingrossed Bill 
being read and Compared. 

Ordered that the Speaker do Sign the Same. 

The Bill intituled "An Act to Confirm and establish a 
Road laid out by virtue of an Act intituled An Act for Lay- 
ing out and establishing a Road from Bergen Point along up 
Newark Bay and from thence to Paulus Hook on Hudsons 
River," was read the third Time and on the Question. 

Resolved that the same do pass. 

Ordered that the Speaker do Sign the Same. 

Ordered that M r Coxe do acquaint the House of Assembly 
therewith. 

John Smyth Esq r Treasurer attending and being called in 
informed this House that he had entered into a New Bond 
with additional Security for the true and faithful Execution 
of his Office as one of the Treasurers of this Province, and 
desired the Sentiments of this House as to the sufficiency 
thereof. 

Which being considered, it is the Unanimous Opinion of 
this House that his Securities are ample and sufficient and 
that his former Bond should be Cancelled upon his Lodging 
the new Bond in the Secretary's Office agreeably to the direc- 
tions of the Act of Assembly. 

M r Kinsey and M r Tucker from the House of Assembly 
presented for the Concurrence of this House a Bill intituled 
"A Supplementary 'Act to An Act intitled An Act for the 
" Relief of Insolvent Debtors." Which was read the first 
Time and ordered a second reading. 

The House continued till 3 o'clock P. M. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 505 



3 o'clock P. M. The House Met. 

Present 

Peter Kemble Esq r Kichard Stockton Esq r 

David Ogden Esq r Stephen Skinner Esq r 

The Earl of Stirling Daniel Coxe Esq r 

John Stevens Esq r Francis Hopkinson Esq r 

James Parker Esq r 

M r Fisher, M r Wetherill, M r Crane, M r Ford, M r Law- 
rence, Mr. Sheppard and M r Hinchman from the House of 
Assembly, presented for the Concurrence of this House a Bill 
intituled "An Act for the Support of Government of His 
" Majesty's Colony of New Jersey to commence the first Day 
" of October One thousand seven Hundred and seventy four, 
" and to end the first Day of October One thousand seven 
"hundred and seventy five, and to discharge the Publick 
" Debts and contingent Charges thereof." 

Which Bill was read the first Time and Ordered a second 
Reading. 

The Bill intituled "A Supplementary Act to an Act inti- 
tuled An Act for the Belief of Insolvent Debtors " was read 
the second Time and Ordered a Third reading. 

The House continued till to Morrow. 



Fryday February 10 th 1775. The House Met. 

Present. 

Peter Kemble Esq r Kichard Stockton Esq r 

David Ogdeh Esq r Stephen Skinner Esq r 

The Earl of Stirling Daniel Coxe Esq r 

John Stevens Esq r 
James Parker Esq r 

The Bill intituled "An Act for the Support of Govern- 
ment" &c. was read the second Time and ordered a third 
Reading. 



506 NEW JERSEY COLONIAL DOCUMENTS. [1775 

The Bill intituled "A Supplementary Act to an Act enti- 
tled "An Act for the Belief of Insolvent Debtors" was read 
the third Time, and on the Question. 

Resolved That the same do pass. 

Ordered That the Speaker do sign the same. 

Ordered That M r Stevens do acquaint the House of Assem- 
bly therewith. 

M r Stevens Reported that he had obeyed the Order of the 
House. 

The [House] continued till 4 o'clock P. M. 

4 o'clock P. M. The House Met 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

The Earl of Stirling Stephen Skinner Esq r 

John Sievens Esq r Daniel Coxe Esq r 

The Chief Justice 

The Bill intitled "An Act for the Support of Government 
of His Majesty's Colony of New Jersey to commence the first 
Day of October One thousand seven Hundred and seventy 
four, and to end the first Day of October One thousand seven 
hundred and seventy five, and to discharge the Public Debts 
and Contingent Charges thereof," was read the third Time, 
and on the Question. 

Resolved, That the same do pass. 

Ordered That the Speaker do sign the same. 

Ordered That M r Coxe do Acquaint the House of Assem- 
bly therewith. 

M r Coxe reported that he had obeyed the Order of the 
House. 

M r Coxe in his Place acquainted the House that he had 
received Information that James Murdock of the City of 
Perth Amboy, Surgeon, had presumed to send a Challenge 
to one of the Members of this House, [during] sitting of the* 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 507 

General Assembly of this Colony, and moved the House that 
the said Member be called upon to produce the Letter con- 
taining the said Challenge. 

Whereupon, by Order of the House, the said Letter was 
produced, and is in the words following viz fc 

" My Lord, 

It is needless to repeat your Lordship's behaviour last 
"night, M r Murdock now desires of your Lordship Time 
" and place to have the satisfaction of a Gentleman, 
"lam 

" Your Lordship's Most Obed* Serv fc 
" Fryday Morning." " JA S MURDOCK." 

Superscribed thus. 

"To Lord Stirling" 

Resolved Unanimously, That the said Letter is a most 
audacious insult to Lord Stirling, and that sending the same 
to him during the Sitting of the General Assembly of this 
Colony is a daring Contempt of the Authority and a mani- 
fest Violation of the Rights and Privileges of this House. 

Ordered Therefore, that the Speaker do issue his Warrant 
directed to the Sergeant at Arms, commanding him to appre- 
hend and bring the said James Murdock forthwith before the 
House to answer for the said Contempt. 

The House being informed that James Murdock was 
attending at the Door in Custody of the Sergeant at Arms. 

Ordered that he be brought in. And on his Appearance 
before the House and the said Letter being Shown to him, he 
Acknowledged that he wrote and sent the same as directed, 
and that he meant it as a Challenge. But said he had done 
it in the heat of Passion that he was sensible he had done 
exceedingly wrong and was sorry for his Indiscretion, and 
that he was ready to make such farther Acknowledgment as 
the House should be pleased to direct. 

Ordered That the Sergeant at Arms withdraw with the 



508 NEW JERSEY COLONIAL DOCUMENTS. [1775 

said James Murdock, and that he remain in his Custody till 
farther Orders. 

The House continued till to Morrow 

Saturday February 11 th 1775. The House Met. 

Present 

Peter Kemble Esq r Richard Stockton Esq r 

The Earl of Stirling Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

The Chief Justice 

The House resumed the Consideration of the Insult and 
Breach of Priviledge committed by James Murdock. 

Kesolved That the said Murdock be brought up before 
this House by the Sergeant at Arms; and that he receive 
such Reprimand and Admonition from the Speaker as the 
Nature of his Offence Requires, and that he be also Com- 
manded to make such Submission and Acknowledgment of 
his Offence as may be Satisfactory as well to the House as to 
Lord Stirling. 

Whereupon the said James Murdock was accordingly 
brought before the House in custody of the Sergeant at 
Arms and being reprimanded and Admonished, did declare 
his unfeigned Sorrow for the Insult by him offered to the 
House thanked the House for their lenity towards him, and 
with the fullest Acknowledgments of his Submission to the 
House, implored their Pardon and Forgiveness as well for 
the public Insult offered to them as for the Affront to Lord 
Stirling. 

Whereupon he was Ordered to be discharged from Custody 
on Paying the accustomed Fees to the Sergeant at Arms. 

His Excellency came into the Council Chamber, and hav- 
ing by the Deputy Secretary, commanded the Attendance of 
the House of Assembly, the speaker with the House attended. 
When His Excellency was pleased to give his Assent to sun- 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 509* 

dry Bills, enacting the same, and Ordering them to be En- 
rolled. The Titles of which are as follows, viz* 

1. An Act for the Support of Government of His Majesty's 
Colony of New Jersey, to commence the first Day of October 
One thousand seven hundred and seventy four, and to end the 
first Day of October One thousand seven hundred and seventy 
five, and to discharge the Public Debts and Contingent Charges 
thereof. 

2. An Act to erect and establish Courts in the several 
Counties in this Colony for the Trial of Small Causes and to 
Repeal the former Act for that Purpose. 

3. An Act for the Preservation of Oysters in the Colony 
of New Jersey. 

4. An Act for raising the sum of One Hundred and 
Twenty two pounds fourteen shillings and three pence proc- 
lamation Money on the Inhabitants of the Counties of Mid- 
dlesex and Somerset for repaying the Managers of the Landing 
Bridge the Money they have advanced for completing the said 
Bridge. 

5. An Act for raising the sum of Three Hundred and fifty 
seven pounds fourteen shillings and eleven pence proclamation 
Money on the Inhabitants of the County of Somerset for re- 
paying certain Persons therein named the Money they have 
advanced in rebuilding Queen's Bridge. 

6. An Act to assess the Township of Amwell in order to 
Reimburse Joseph Moore for Repairing a Bridge in said 
Township. 

7. An Act to enable the Owners and Possessors of the 
Meadows and Swamps lying on Ramboes Run in the Town- 
ship of Deptford in the County of Gloucester, to keep up and 
maintain the Bank, Dam, and other Water Works necessary 
to keep the Tide from overflowing the same, and to keep the 
Water Course open and clear. 

8. An Act to confirm and establish a Road laid out bjr 
Virtue of an Act entitled "An Act for laying out and estab- 



510 NEW JERSEY COLONIAL DOCUMENTS. [1775 

lishing a Road from Bergen Point along up Newark Bay and 
from thence to Paulus Hook on Hudson's River." 
The House continued till Monday next. 



Monday February 13 th 1775. The House Met. 

Present 

The Earl of Stirling Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

M r Chief Justice 

A Message from the House of Assembly by M r Fisher 
and M r Eldridge, informing this House that the House of 
Assembly have no further Business before them, and desiring 
to know whether this House have any Objection to their 
applying to His Excellency for a Dissmission. 

To which the Speaker answered that there was no further 
Business before this House, and that the House have no 
Objection to such Application being made for a Dismission. 

His Excellency came into the Council Chamber, and hav- 
ing by the Deputy Secretary commanded the Attendance of 
the House of Assembly, the Speaker with the House attended, 
when His Excellency was pleased to give his Assent to a 
Bill intituled "A Supplementary Act to an Act intituled An 
"Act for the Relief of Insolvent Debtors." Enacting the 
same and ordering it to be enrolled, after which the Speaker 
with the House of Assembly withdrew. 

The House continued till 6 o'Clock P. M. 



6 o'Clock P. M. The House Met. 

Present 

The Earl of Stirling Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

The Chief Justice 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 511 

The Speaker with the House of Assembly came into the 
Council Chamber, When the Deputy Secretary read to both 
Houses His Majesty's Proclamation Proroguing the General 
Assembly to Tuesday the fourteenth day of March next, then 
to meet at the City of Burlington. 

A true Copy 

CHA S PETTIT, D Clerk 



f~L S 1 At a Council held at Perth Amboy on the 
12 th Day of January 1775. 

Present 
His Excellency the Governor 

David Ogden Esq. Daniel Coxe Esq. 

James Parker Esq. John Lawrence Esq. 

The Chief Justice Francis Hopkinson Esq. 

His Excellency was Pleased to lay before the Board a 
Letter from William Mecum, one of the Coroners of the 
County of Salem, requesting leave to resign his said Office, 
Whereupon the Council advised His Excellency to Accept 
the said Resignation. 

His Excellency was pleased to lay before the Board a 
Petition from Samuel Ogden Esq r praying in case the Earl 
of Stirling should fail of prosecuting his Complaint against 
the Petitioner on the Sixteenth instant pursuant to the Order 
of this Board made the 16th of November last, that then the 
Petitioner shall have Leave to produce Evidence to the Board 
on the 17 th instant in Support of his Charges against the said 
Earl of Stirling. 1 

Whereupon it is ordered that the Prayer of the said 
Petition be granted. 

1 For controversy between Earl of Stirling and Col. Samuel Ogden, see Life of 
William Alexander, Earl of Stirling, 104-111. 



512 NEW JERSEY COLONIAL DOCUMENTS. [1775 

At a Council held at Perth Amboy on the 16 th Day of 

January 1775. 

Present 

His Excellency The Governor. 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Daniel Coxe Esq r 

John Stevens Esq r John Lawrence Esq r 

James Parker Esq r Francis Hopkinson Esq r 

His Excellency was Pleased to Lay before the Board a 
Petition from William Goodwin of Knowlton in the County 
of Sussex Setting forth, That he has purchased a Lot of 
Land between the Junction of Pawlins Kill with the River 
Delaware, and the Pahaqualong Mountain and fronting on 
the River Delaware, whereon he has with great Expence and 
Labour erected a convenient Ferry House and other Build- 
ings and provided suitable Boats for Ferrying over the said 
River Delaware ; and being desirous to reap the Benefit of 
his said Labour and Expence, The Petitioner therefore Prays 
that his Excellency will be pleased to Grant him a Patent for 
holding the said Ferry within certain Bounds therein men- 
tioned. And a Certificate being subjoined to the said Peti- 
tion, subscribed by twenty five Persons Inhabitants of the 
said County of Sussex Certifying the Truth of the Facts 
above mentioned and that the said Ferry is become of great 
Use to the Publick, and therefore humbly desiring that the 
Patent as above prayed for may be granted. 

The Council advised His Excellency to grant the Prayer 
of the said Petition. 

M r Ogden and Lord Stirling withdrew from the Board. 

The Earl of Stirling informed His Excellency that he was 
now ready to proceed to Support the Charge exhibited against 
Samuel Ogden Esq r pursuant to the Order of the Board on 
the 16 th of November last, and made application to the Board 
for Leave to be heard by Council; and it appearing to the 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 513 

Board that M r Ogden was likewise desirous of being heard 
by Council, the same was taken into Consideration, and from 
the particular Circumstances of this Case, the Board think 
proper to admit the said Parties to be heard by their Council. 
Ordered, that M r Stevens, M r Parker, M r Chief Justice, 
M r Stockton, M r Coxe, M r Lawrence and M r Hopkinson, or 
any five of them, and such other of the Council as choose to 
attend, be a Committee to hear and enquire into the proofs 
and Allegations of the said Parties and make report thereof 
to the Board. 



At a Council held at Perth Amboy on Thursday the 26 th 
Day of January 1775. 

Present His Excellency the Governor. 

Peter Kemble Esq r The Chief Justice 

David Ogden Esq r Daniel Coxe Esq r 

The Earl of Stirling John Lawrence Esq r 

John Stevens Esq r Francis Hopkinson Esq r 
James Parker Esq r 



John Denn, ex Demise of 
Samuel Hunt, and Ralph 
Hunt, Survivor &c James 
Stannings, v Cap* John An- 
derson Samuel Philips and 
Waters Smith. 



In Error, Sur Ejectment 
for Lands in Hunterdon, 
M r Coxe, of Council for 
the Defendant in Error, 
moved that the Plaintiff 
in Error should now shew, 



pursuant to Notice given, that the Lands in Controversy, in 
this Cause are of the value of Three Hundred Pounds Ster- 
ling, or that the Writ of Error be quashed. 

On Motion of M r Sergeant for the Plaintiff in Error, 
Ordered that they have Time to shew Cause why the said 
Writ should not be quashed, till the fourth Day of February 
next. 

Lord Stirling offered to the Board a Complaint in Writing 
against Samuel Ogden Esq r 

33 



514 NEW JERSEY COLONIAL DOCUMENTS.. [1775 

Ordered That the said Complaint be entered upon the 
Minutes and that a Copy thereof be served upon the said 
Samuel Ogden that he may have an Opportunity of offering 
to the Board what he may have to say in his Defence or 
Justification. 

Which Complaint is in the Words following viz' 

I now inform the Governor and Council That on the 
Eighth Day of July 1773, during the sitting of the Court of 
General Quarter (Sessions of the Peace for the County of 
Morris and while the Grand Jury for the Body of the said 
County, were enquiring about certain Counterfeits of the 
Public Bills of Credit of this Colony, and of the Colonies of 
Pennsylvania and New York, and concerning the authors of 
the same, Samuel Ogden Esq r as a Magistrate of Morris 
County, wrote a Letter dated at Morris Town, Signed by 
him the said Samuel, and directed to a Certain Josiah Hand 
at Hanover, and inclosing a Blank Warrant to him under 
the Hand & Seal of the said Samuel which Letter and War- 
rant are in the following Words, to wit (The Letter) 
" Morris Town July 8 th 1773. Sir, The Grand Jury now 
" Sitting are desirous of your attending them at this place as 
" soon as possible, they having received information that some 
" Person whose Name is unknown to them hath informed you 
"of his having seen Instruments for the Counterfeiting of 
" Money in the Possession of a Person in your Neighbour- 
" hood I do therefore inclose a Blank Warrant and request 
"you to insert therein that Persons Name and deliver the 
4< same to the bearer of this (a Constable) who hath got direc- 
" tions to serve it without delay. Your immediate Compli- 
41 ance will much Oblige your Humble Servant. Sam 1 Ogden. 
" P. S. You are requested to keep this matter a secret, and 
" not let even the Bearer know any thing of it. Myself and 
" M r Skinner hope you will be at this place by Nine or Ten 
41 of the Clock." [Superscribed thus] To M r Josiah Hand, 
"Hanover" [the Warrant] Morris County. To any Con- 
" stable of the said County. These are in His Majesty's 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 515 

" Name to Command you that you arrest the Body of 

" and him bring forthwith before the Grand Inquest 

" for the Body of the County of Morris now Sitting to answer 
" to such Matters as shall then be required of him. Fail not. 
" Given under my Hand and Seal this Eighth day of July 
"1773. Sam 1 Ogden." And I do also inform this Board 
that the said Letter, inclosing the said Warrant, was with the 
said Warrant therein inclosed, delivered by the said Samuel 
Ogden's Order and direction to the said Josiah Hand, and the 
same being now in my Possession, I here offer to produce 
them, and I do for the Cause aforesaid Charge the said Samuel 
Ogden with a Misdemeanor in his Office as a Magistrate. I 8t 
In trusting for Use a Blank Warrant concerning Criminal 
Matters to the discretion of a private Person 2 ndly In so 
framing the said Warrant as to Command an Arrest of the 
Body of the person whose name was to be inserted in it, 
when from the warrant itself it appears such Person was only 
to be examined as a Witness. And move that he be called 
before this Board to answer the aforesaid accusation. 

Perth Amboy 1 STIRLING. 

Jan y 24 th 1775 I 

At a Council held at Perth Amboy on the 30 th Day of 
January 1775. 

Present 
His Excellency the Governor. 

Peter Kemble Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 
Richard Stockton Esq r 

M r Stockton from the Committee appointed by the Board 
on the 16 th instant to hear and enquire into the Proofs and 
Allegations of the Parties, relative to the Complaint of the 
Earl of Stirling against Samuel Ogden Esq r and make Report 
thereof to the Board, reported that the said Committee had 



516 NEW JERSEY COLONIAL DOCUMENTS. [1775 

gone thro' the Business to them referred, and that he was 
ready to make Report thereof when the Board would be 
pleased to receive the same. 

Ordered that the said Report be made immediately. 

Whereupon M r Stockton delivered in a Report in writing, 
together with the Affidavits and Papers therein referred to, 
which Report is in the Words following, viz* 

We the Committee of the Privy Council appointed to hear 
and enquire into the Proofs and Allegations of the Earl of 
Stirling touching the Charges exhibited by him against Samuel 
Ogden Esq r beg leave to Report that We have heard the 
Proofs and Allegations of both Parties touching the said 
Complaint which are contained in the several Affidavits here- 
with delivered, viz* The Affidavits of John Carl, Cornelius 
Ludlow, Thomas Millidge, Samuel Tuthill, Samuel Haines, 
Bern Budd, Timothy Johnes, Benjamin Cooper, William De 
Hart, Abraham Kitchell, John Darby, Jonathan Cheevers, 
Grace Ford, Ebenezer Tuthill, Daniel Freeman and Joseph 
Morris, marked N 1 to N 16, and the Affidavits of Peter 
MacKee, Daniel Cooper, Charles Hoff, Thomas Kinney, 
Abraham Ogden, and Cortland Skinner, marked a, b, c, d, e 
and f. Also an Affidavit of Jonathan Cheever taken before 
Samuel Ogden, and Samuel Tuthill Esq rs the 30 th of July 
1773 marked A and a Paper admitted by the said Parties to 
be a Copy of an Affidavit taken by Samuel Ogden before the 
Chief Justice, marked B. And the said Committee do 
further Report that the said Earl of Stirling refers to the 
Minutes of the Council respecting the Orders given to Coll. 
Ogden in September 1773, and also that the said Coll. Ogden 
appeals to the Knowledge and Recollection of the Governor 
and Council relative to the verbal Directions given to him 
by them touching the same. 

All which is humbly submitted to the Board by the said 
Committee. Dated 30 th January A. D. 1775. 

Ricn d STOCKTON Chairman. 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 517 

Ordered that the Affidavits and Papers referred to in the 
said Report be filed. 

His Excellency was pleased to Lay before the Board a 
Petition from Samuel Ogden Esq r which is in the Words fol- 
lowing, viz* 

To His Excellency William Franklin Esq r Captain Gen- 
eral, Governor and Commander in Chief in and over the 
Province of New Jersey, And to The Honourable His 
Majesty's Council. 

The Petition of Samuel Ogden Humbly Sheweth 

That the Evidence of both Parties on the hearing of the 
Oharge of the Earl of Stirling against your Petitioner before 
a Committee of the said Council is now closed. 

That the said Parties with the Concurrence of the said 
Committee have agreed that such parts of the Evidence 
aforesaid as may relate to the Charge of your Petitioner 
against the Earl of Stirling be admitted as Evidence on the 
hearing thereof. 

That the said Charges Mutually explain each other and 
derive light from the same facts. 

That your Petitioner has at great Expence brought Council 
to Amboy, and as he apprehends the hearing of his Complaint 
will take but very little Time, Your Petitioner most Humbly 
Prays that the Spirit of the late Order of Council of the 16 th 
Day of November 1774 directing your Petitioners Complaint 
aforesaid to be heard the next day after that aforesaid made 
by Lord Stirling, may be carried into Execution and that 
your Excellency and Honors will be pleased to appoint such 
short Day for that purpose as to you shall seem meet. And 
Your Petitioner as in Duty Bound will ever Pray. 

Perth Amboy 1 SAM U OGDEN. 

Jan** 30 th 1775, J 

And His Excellency was pleased to ask the Members of 
the said Committee whether they Remembered that the said 
Parties did agree in the presence of the said Committee that 



518 NEW JERSEY COLONIAL DOCUMENTS. [1775 

such parts of the Evidence taken before them, as may relate 
to the Charge of the said Samuel Ogden against the said Earl 
of Stirling, should be admitted as Evidence on the hearing of 
the said Complaint : To which the Members of the said Com- 
mittee now present severally answered that they did remem- 
ber the said Agreement. 

Ordered that the Consideration of the said Report and of 
the said Petition be deferred till the next Meeting of the 
Board. 



At a Council held at Perth Amboy on the 31" Day of 
January 1775. 

Present 
His Excellency The Governor 

Peter Kemble Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 
Richard Stockton Esq r 

The Board resumed the Consideration of the Charges 
brought by the Earl of Stirling against Samuel Ogden Esq r 
and, having duly examined and weighed the Evidences on 
both sides produced to the Board, are of Opinion that the 
said Charges are not in any wise supported But that, on the 
Contrary, the Conduct of the said Samuel Ogden in his 
Endeavours to discover the Persons concerned in the Coun- 
terfeiting the Bills of Credit of this Province, and other atro- 
cious Villanies, appears to have been that of a vigilant and 
upright Magistrate : And they are further of Opinion that it 
is in a great measure owing to his Activity and Zeal for the 
Publick Good, that a Gang of Villains, very mischevious to 
this and the neighboring Provinces, have been detected and 
some of them brought to Justice. The Board do therefore 
think proper to give M r Ogden the fullest Assurances of 
their Approbation of his Conduct as a good Magistrate. 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 51 9* 

Ordered, That either of the said Parties may have Copies 
of the Affidavits exhibited as . Evidence in this Cause on 
Application to the Clerk for that Purpose. 



At a Council held at Perth Amboy on the third Day of 
February 1775. 

Present 
His Excellency The Governor 

Peter Kemble Esq r Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 
Richard Stockton Esq r 

His Excellency was Pleased to Acquaint the Board that 
the Honb le Samuel Smith Esq r Treasurer of the Western 
Division of this Province, requested Leave to resign his said 
Office. 

Whereupon the Council advised His Excellency to accept 
the said Resignation. 

His Excellency was then pleased to Dominate Joseph 
Smith Esq r to be appointed Treasurer of the Western Divi- 
sion in the Room of the said Samuel Smith Esq r to which 
the Council assented. 

His Excellency was pleased to acquaint the Board that 
John Smyth Esq r Treasurer of the Eastern Division of this 
Province had informed him, that he, the said Treasurer had 
entered into a Bond, pursuant to the Directions of the Act of 
Assembly passed in the 14th Year of His present Majesty's 
Reign intituled "An Act to Oblige the Treasurers of the 
" Colony of New Jersey to give security for the due Execu- 
" tion of their Offices, and to prescribe the Mode in which 
" the same security shall be taken " and that the said Bond 
was filed in the Secretary's Office. Whereupon His Excel- 
lency was pleased to Order the Secretary to lay the said Bond 



520 NEW JERSEY COLONIAL DOCUMENTS. [1775 

before the Board, which being done and the said Bond being 
Head His Excellency was pleased to Order the Secretary to 
lay the same before the Council in their Legislative Capacity 
that they may consider of the Sufficiency of the Security so 
given by the said Bond. 

His Excellency was pleased to lay before the Board a Peti- 
tion of Johannes Light, and others in behalf of themselves 
and the Clergy of New Jersey in Communion of the Dutch 
reformed Church, Setting forth 

That their Predecessors in Office have been among the first 
of the Clergy who have been instrumental in planting Chris- 
tian Churches in this American Wilderness and that there are 
now in this and the two neighboring Provinces near two hun- 
dred Congregations of their Denomination which require a 
considerable Number of Gospel Ministers. That the Salaries 
of those Ministers, tho' they may supply their Daily Necessi- 
ties, yet they by no Means afford them an opportunity to lay 
up a Support for their Relicts, That they esteem it their inde- 
spensible Duty by all lawful Ways and Means to provide for 
their Widows and Children lest they be left in Distress and 
become a Burthen to others. Wherefore and in imitation of 
the laudable anfl Christian Example of the Brethren the 
Clergy of the Church of England and the Presbyterians in 
this and the Neighbouring Provinces, The Petitioners humbly 
pray that a Royal Charter similar to those of their Brethren 
before mentioned may be granted them. 

Which Petition having been read and considered, the 
Council Advised His Excellency to grant the Prayer thereof. 

His Excellency was pleased to lay before the Board a 
Petition of the Minister, Elders, Deacons, and other Mem- 
bers of the reformed Protestant Congregation in the Town- 
ship of Hillsborough in the County of Somerset Setting 
forth. 

That their ancestors and Predecessors have made and Con- 
stituted a Society and Congregation for the Worshipping of 
God according to the Constitutions and Directions of the 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 521 

Reformed protestant Dutch Churches in Holland approved 
and instituted by the National Synod of Dort. That the 
said Society have Purchased Lands and erected public Build- 
ings for the Worship of God, and the use of the Minister, 
and have conducted and Regulated the said Society in a 
Peaceable and inoffensive manner. That they labour under 
many Difficulties in Managing and Conducting of the said 
Church for want of a Charter of Incorporation And there- 
fore praying a Charter to incorporate the Petitioners with 
perpetual Succession for the better Managing of their Church. 

Which Petition having been read and considered The 
douncil advised His Excellency to grant the Prayer thereof. 

His Excellency was pleased to lay before the Board a 
Petition of the Minister, Elders, Deacons, and other Members 
of the reformed Protestant Congregation of New Shannink 
in the Township of Hillsborough in the County of Somerset, 
Setting forth, 

That they are Constituted a Society and Congregation for 
the Worshiping of God according to the Constitution and 
Directions of the reformed, Protestant Dutch Churches in 
Holland approved and instituted by the National Synod of 
Dort, and have purchased Lands and erected and Supported 
Public Buildings for the Worship of God, and the Use of 
their Minister, and have conducted and regulated the said 
Society in a peaceable and inoffensive manner. That they 
Labour under many Difficulties in Managing and Conducting 
of the said Church for want of a Charter of Incorporation. 
And therefore praying a Charter to incorporate the Petitioners 
with perpetual Succession for the better managing the said 
Church. 

Which Petition having been read and Considered the 
Council advised His Excellency to grant the Prayer thereof. 



522 NEW JERSEY COLONIAL DOCUMENTS. [1775 

At a Council held at Perth Amboy on the 4 th Day of 
February 1775. 

Present 
His Excellency The Governor. 

Peter Kemble Esq r Kichard Stockton Esq r 

John Stevens Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

The Board referred the Consideration of the Complaint 
exhibited by Lord Stirling on the 26 th Day of January last 
against Samuel Ogden Esq r And a Certificate, Signed by the 
Attorney General, relative to the Facts charged in the said 
Complaint, was read and is in the Words following viz* 

" I do hereby Certify that on the last Day of the Term in 
"July 1773 at Morris, I was applied to by Coll Ogden, and 
" my Advice and Direction asked upon an Application made 
u to him by the Grand Jury, M r Millidge, Foreman of the 
" Grand Jury, accompanying Coll Ogden. The Colonel in- 
" formed me that one M r Hand knew the Name of a Wit- 
" ness who could give very material Evidence against Samuel 
" Ford, L that the Grand Jury wanted this Evidence immedi- 
" ately that it being on the last Day of the Term, should 
" they send to Hand for the Name and then send away for 
" the Evidence too much Time would be lost and they might 
" perhaps be deprived of an Opportunity of getting the Evi- 
" dence, that the Grand Jury desired a Subpoena with a Blank 
" for the Name might be sent to Hand to fill up, and were 
" very urgent as they hoped to have full Evidence against 
" Ford. The Colonel doubting the Propriety of the Measure, 
" I told him that as it was not a Charge of Felony against 
" the Man, but in furtherance of Justice, he might lawfully 
" do it, and Hand bore the Charecter of an honest Man, that 

. J. Archives, X., 413-421. 



1775] JOURNAL OP GOVERNOR AND COUNCIL. 525 

" the Colonel should write to him and inclose the Warrant to 
"be filled up. The Colonel upon this drew a Mandatory 
" Subpoena, and a Letter to Hand which he shewed to me 
" and I approved of; a Constable was immediately sent off 
" with it, but, for what Reason I cannot say, the Evidence 
" was not procured, and, as I have been informed, the Blank 
" was not filled up. I can declare on Oath if required to the 
" foregoing Certificate, and that the Colonel would not Com- 
" ply with the Bequest of the Grand Jury until he had my 
"Advice and Direction which I readily for the Reasons 
" aforesaid gave him." 
" February I 8t 1775. CoRT d SKINNER " 

And the Board having duly Considered the Matters 
Charged in the said Complaint together with the explanatory 
Circumstances Mentioned in the said Certificate, and finding 
that the Blank in the said Warrant or Subpoena was not filled 
up, nor the said Precept ever executed in any respect that 
the Person to whom it was intrusted bore the Charecter of 
an honest Man that it was issued on a particular Emergency, 
at the Request of the Grand Jury, and by the Advice of the 
Attorney General, and intended Merely for the furtherance 
of Justice, Are of Opinion that, notwithstanding the In- 
formality of the said Precept, the Conduct of the said Sam- 
uel Ogden Esq r on this Occasion does not by any Means 
deserve Censure or Reprehension. 

The Board having taken into further Consideration the 
Complaint of Samuel Ogden Esq r against the Earl of Stir- 
ling exhibited on the 16 th of November last, together with 
the Petition of the said Samuel Ogden Presented on the 30 th 
of January, are of Opinion that the said Complaint being of 
a Private Nature, is more properly cognizable before a Court 
of Law, and do therefore dismiss the said Complaint, refer- 
ring the Complaint to the Courts of Law for Redress. 

His Excellency was pleased to Nominate George Trenchard 
and Isaac Harris to be Justices of the Peace in the County 



524 NEW JERSEY COLONIAL DOCUMENTS. [1775 

of Salem (the said George Trenchard to be inserted in the 
Commission in the Place he was formerly in) to which the 
Council Assented. 



At a Council held at Perth Amboy on the Sixth Day of 

February 1775. 

Present 

His Excellency The Governor 

Peter Kemble Esq' The Chief Justice 

John Stevens Esq r John Lawrence Esq. 

James Parker Esq. Francis Hopkinson Esq r 

His Excellency was pleased to Lay before the Board the 
Petition of John Cochran, Jonathan Odell and William 
Messenger Barnet in Behalf of themselves and sundry others 
Physicians and Surgeons of the Province of New Jersey, 
Praying a Charter of Incorporation to create them and sun- 
dry other persons, a Body Politic and Corporate, with Powers 
and Privileges as may be thought requisite for the more 
effectual Accomplishment of the salutary Purposes in the 
said Petition Mentioned, together with the Draught of a 
Charter for that Purpose, which were severally read. 

The Council having taken the said Petition into Considera- 
tion and for some Time deliberated thereon. 

Ordered that the further Consideration thereof be referred 
to some future meeting of the Board. 

At a Council held at Perth Amboy on the Eighth Day of 
February 1775 

Present 
His Excellency the Governor 

Peter Kemble Esq r The Chief Justice 

David Ogden Esq r Richard Stockton Esq r 

The Earl of Stirling Daniel Coxe Esq r 

John Stevens Esq r Francis Hopkinson Esq r 
James Parker Esq r 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 525 

His Excellency was pleased to Nominate Jacob Brookfield 
to be a Justice of the Peace in the County of Essex, Thomas 
Eckley to be a Justice of the Peace in the County of Morris, 
John Cox to be a Justice of the Peace in the Counties of 
Burlington and Gloucester, Israel Shreeve to be a Justice of 
the Peace in the County of Gloucester, Thomas Skelton to 
be a Justice of the Peace in the County of Hunterdon, Jacob 
Bogart to be a Justice of the Peace in the County of Somerset, 
and Joseph SJiippen to be a Justice of the Peace in the County 
of Sussex, to which several Nominations the Council Assented. 

John Axford having been nominated in Council on the 
14 th Day of December last, to be a Justice of the Peace in 
the County of Sussex, and it now appearing to the Board 
that the said nomination was made by Mistake and that the 
Name of the said John Axford is not yet inserted in the 
Commission. It is ordered that the Name of the said John 
Axford be not inserted in the Commission 

His Excellency was pleased to lay before the Board a 
parcel of Papers which he had received from Thomas 
Kinney Esq r High Sheriff of the County of Morris which 
Papers had been found in the Woods in Morris County near 
to the place where Samuel Ford's Printing Utensils were 
found. The said Papers being inspected were 36 Bills of the 
Denomination of 30/ Each and part of a Bill of 60/ of the 
Similitude of the Pennsylvania Bills of Credit, Supposed to 
be some of Samuel Ford's counterfeit Bills Which Papers 
were Committed to the care of the Deputy Secretary to be 
Kept with the Types and Implements for Counterfeiting 
which were discovered in the Year 1773 and committed to 
his care for safe Custody. 

The Board resumed the Consideration of the Complaint 
against Coll Ford, and having examined the several Cer- 
tificates sent by the Foremen of three several Grand Juries 
of the County of Morris setting forth in Substance, that after 
full Examination of the Complaint against the said Coll 
Ford they had found nothing against him worthy of Indict- 



526 NEW JERSEY COLONIAL DOCUMENTS. [1775 

ment or Presentment: yet, as some suspicions still remain 
respecting the Conduct of the said Coll Ford in the Matters 
which have been alledged against him The Board in Order 
to give the Parties full Opportunity of further complaining 
and defending themselves according to the Course of the 
Law, do order that the said Coll Ford do shew cause on 
Saturday the Eighth Day of April next why His Excellency 
the Governor in Council should not order an Information to 
be filed against the said Coll Ford, for and on Account of 
the said matters complained of against him. 



At a Council held at Perth Amboy on the Eleventh day 
of February 1775. 

Present 
His Excellency The Governor 

Peter Kemble Esq r The Chief Justice 

The Earl of Stirling Eichard Stockton Esq r 

John Stevens Esq r Daniel Coxe Esq r 



James Stanning & others 
v 

John Denn ex ^Dem of 
Cap* John Anderson & 
others. 



In Error, sur Ejectment for 
Lands in Hunterdon 



On motion of M r Pettit for M r Sergeant of Council for the 
Plaintiff's in Error, Ordered that the said Plaintiffs have 
further Time to shew Cause why the said Writ of Error 
should not be quashed until Saturday [the Eighth Day of 
April next. 

His Excellency was pleased to lay before the Board a Peti- 
tion from sundry Persons, calling themselves Freeholders and 
Inhabitants of the County of Bergen, setting forth 

That several of the said Petitioners have until lately resided 
under the jurisdiction of the Colony of New York, but by the 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 527 

late Settlement of the Line are now within the Jurisdiction of 
this Colony, and others of them reside at the Northern Parts 
of the Precinct of Hackinsack and New Barbados, and that 
the said Precinct of New Barbados is now more than twenty- 
five miles in length. And therefore praying for a Patent to 
Erect the Northern parts of the said two Precincts of New 
Barbados and Hackinsack, into a separate Township by cer- 
tain metes and Bounds therein mentioned. 

His Excellency was also pleased to lay before the Board 
a Petition from sundry Persons calling themselves Freeholders 
and Inhabitants of the Precinct of Hackinsack in the County 
of Bergen, setting forth among other Things. 

That the said Precinct of Hackinsack is one of the oldest 
Precincts in the County of Bergen that it is now burthened 
with the Maintenance of sundry Poor Persons and that there 
are several Poor People now in the same likely to become 
Chargeable. That they are informed a Petition has been 
presented to His Excellency praying that a New Township 
may be erected in the Northern part of the said County 
which will include some of the most Wealthy Persons of the 
said Precinct of Hackinsack, and that if the Prayer thereof 
should be granted the Burthen of maintaining the Poor of the 
said Precinct of Hackinsack would rest on the present Peti- 
tioners; and the Inhabitants of the proposed New Township 
would have no Poor to maintain ; and in general that to erect 
a New Township in the Manner proposed by the said recited 
Petition would be more Prejudicial to the remaining Inhabi- 
tants of the said Precinct of Hackinsack, than Beneficial to 
those who desire to have the said Township erected And 
therefore praying that the said Precinct of Hackinsack may 
remain as it now is, or at least that the Petitioners may be 
heard on the Subject Matter of their Petition. 

The Board having taken the said two Petitions into Con- 
sideration Ordered that the said Inhabitants of the Precinct 
of Hackinsack have leave to shew Cause on Saturday the 
Eighth Day of April next why the said proposed Township 



528 NEW JERSEY COLONIAL DOCUMENTS. [1775 

should not be erected according to the prayer of the Petition 
for that Purpose. 

His Excellency was pleased to sign sundry Warrants on 
the Treasury, as follow viz* 

N 730 To Himself or Order for one Quar- 
ter's Salary due the 1 st of January 
last .....300,, 0,, 

731. To the same for one Quarters House 

Rent due at the same Time 15 

732. To the Hon ble David Ogden Esq r one 

of the Justices of the Supreme 
Court, for one Quarter's Salary due 
at the same Time 37 ,,10,, 

733. To the Hon ble Richard Stockton Esq r 

one of the Justices of the Supreme 
Court for one Quarter's Salary due 
at the same Time 37,,10,, 

734. To the Hon ble Samuel Smith Esq r one 

of the Treasurers for one Quarter's 

Salary due at the same Time 10 

735. To John Smyth Esq r one of the 

Treasurers for one Quarter's Salary 

due at the same Time 10,, 0,, 

736. To Cortland Skinner Esq r Attorney 

General for one Quarter's Salary 

due at the same Time 10,, 0,, 

737. To Charles Pettit Esq r Deputy Clerk 

of the Council for one Quarter's 

Salary due at the same Time 7 10 

738. To Charles Pettit, for the use of 

Joseph Warrell Esq r Clerk of the 
Circuits for one Quarters Salary due 
at the same Time 5,, 0,, 

739. To Joseph Smith for the use of D r 

Benjamin Franklin Agent for this 
Colony, for one Quarter's Salary 
due at the same Time 25,, 0,, 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 529 

740. To John Carty Doorkeeper to the 

Council for one Qu salary, due at 

the same Time 2 10 

741. To the Chief Justice for holding the 

Circuit Courts in the Counties of 
Gloucester, Bergen and Essex in 
May, October and November last... 30 

742. To the Hon ble David Ogden Esq r for 

holding the Circuit Courts in Som- 
erset & Morris in October last.. 20 

743. To the Hon ble Richard Stockton Esq r 

for holding the Circuit Courts in 
Hunterdon and Monmouth in May 
&Octoberlast 20,, 0,, 

744. To the Hon ble Stephen Skinner Esq r 

late one of the Treasurers for ex- 
changing 6646 17 of ragged 
and Torn Bills of Credit from the 
14 th of May 1770 to the 25 th of 
Feb ry 1774 166,, 3,, 

745. To the same for his Commissions of 

1 P. C* for Cancelling the sum of 

4420 8 6 since the year 1770... 44 4 5 

746. To John Smyth Esq r one of the 

Treasurers for his Salary from the 
I 8fc of October 1773 to the 28 th of 
February 1774 16,, 7 10 

747. To the Hon ble Peter Kemble Esq r for 

his Attendance at this Session of 
Assembly as one of His Majesty's 
Council 23 Days at 8/ P. Day 9,, 4,, 

748. To the Hon ble David Ogden Esq r for 

25 Days Attendance in like Manner.. 10,, 0,, 
750. To the Hon ble Richard Stockton Esq r 
for 33 Days Attendance in like 

Manner 13,, 4,, 

34 



530 NEW JERSEY COLONIAL DOCUMENTS. [1775 

At a Council held at Perth Amboy on the thirteenth Day 

of February 1775. 

Present. 

His Excellency The Governor 

The Earl of Stirling Stephen Skinner Esq r 

John Stevens Eeq r Daniel Coxe Esq r 

The Chief Justice 

His Excellency was pleased to sign sundry Warrants on 
the Treasury as follow viz* 

N 749. To the R* Hon ble The Earl of Stirling 
for 33 Days Attendance at this Ses- 
sion as one of His Majesty's Council.. 13 4 

751. To the Hon ble John Stevens Esq r for 

34 Days Attendance in like Man- 
ner 13,,12,, 

752. To the Hon bl James Parker Esq r for 

34 Days Attendance in like man- 
ner 13 ,,12,, 

753. To the Hon ble Frederick Smyth Esq r 

for 34 Days Attendance in like 

manner 13 12 

754. To the Hon ble Stephen Skinner Esq r 

for 34 Days Attendance in like 

manner 13,, 12,, 

755. To the Hon ble Daniel Coxe Esq r for 

40 Days Attendance in like man- 
ner 16,, 0,, 

756. To Charles Pettit for the use of the 

Hon ble John Lawrence Esq r for 35 

Days Attendance in like manner.... 14 

757. To the Hon ble Francis Hopkinson 

Esq r for 35 Days Attendance in like 

manner 14 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 531 

758. To Edward Haswell Sergeant at Arms 

to the Council for 34 Days Attend- 
ance at this Session 5,, 2,, 

759. To Jonathan Deare Esq r One of the 

Clerk's of the House of Assembly 
for 34 Days Attendance at this Ses- 
sion, at 10/ P. Day, and also Twelve 
Pounds for Extraordinary Services, 29 

760. To Thomas Inglis, Sergeant at Arms 

to the House of Assembly for 34 

Days Attendance at 3/ P Day 5,, 2,, 

761. To Henry Richards, Doorkeeper to 

the House of Assembly for 34 Days 

Attendance at 3/6 P. Day 5 19 



At a Council held at Perth Amboy on the 8 th Day of April 
1775. 

Present 
His Excellency The Governor 

James Parker Esq r Stephen Skinner Esq r 

The Chief Justice Daniel Coxe Esq r 

Richard Stockton Esq r Francis Hopkinson, Esq r 

In Obedience to the Order of this Board made the 8 th Day 
of February last, Coll Jacob Ford juh r appeared before the 
Board with his Council, to shew Cause why an Information 
should not be filed against him for and on Account of the 
Matters therein set forth. And having laid before the Board 
sundry Affidavits as well as the Certificates of four several 
Grand Juries of the Counties of Morris all tending to shew 
that after a full Enquiry into the several Facts charged 
against him the said Coll Jacob Ford, his Conduct and Char- 
ecter with Respect to the same Charges, stood fully and 
clearly acquitted, that nothing worthy of Indictment or Pre- 
sentment did appear against him and that his Conduct touch- 
lag the Premises had been much misrepresented : The Board 



532 NEW JERSEY COLONIAL DOCUMENTS. [1775- 

having fully deliberated thereupon are unanimously of Opin- 
ion that there is no Ground for an Information against the 
said Coll. Jacob Ford jun r and that the above Order of the 
8 th of February -last be discharged. 

His Excellency was pleased to sign the following Warrants 
on the Treasury, viz* 

N 762. To Himself or Order for one Quar- 
ter's Salary due the 1 st Day of April 
Instant 300,, 0,, 

763. To the same for one Quarter's House 

Kent, due at the same Time 15 

764. To the Hon ble David Ogden Esq r one 

of the Justices of the Supreme Court 

for one Quarter's Salary 37 10 

765. To the Hon bl- Kichard Stockton Esq r 

one of the Justices of the Supreme 

Court, for one Quarter's Salary 37 10 

766. To John Smyth Esq r one of the 

Treasurers for one Quarter's Salary, 10 

767. To the Hon ble Samuel Smith Esq r one 

of the Treasurers for one Quarter's 

Salary 10,, 0,, 

768 To Cortland Skinner Esq r Attorney 

General for one Quarter's Salary.... 10 '0 

769. To Charles Pettit Esq r Dep y Clerk of 
the Council for one Quarter's Sal- 
ary 7 ,,10,, 

770 To Joseph Smith Esq r for the Use of 

D r Benjamin Franklin Agent for 

this Colony for one Q ri Salary 25,, 0,, 

771 To John Carty, Doorkeeper to the 

Council for one Quarter's Salary.... 2 10 

772 To John Smyth Esq r one of the Treas- 

urers for exchanging 1892 18 ,,0 
of ragged and torn Bills of Credit 
to May 1774 at 6 d per Pound 47,, 6,, 5 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 533 

773. To the same for his Commissions of 
1 P. Cent on cancelling 4237 
6 being part of the sinking 
Fund for the Year 1771 as per Cer- 
tificate of the Justices and Free- 
holders 42,, 7,, 4 

774 To Charles Pettit for the Use of the 
Exec" of Joseph Warrell Esq r late 
Clerk of the Circuits for his Salary 
from the l flt of January to the 6 th 
of March last 3,, 13,, 4 

775. To the Hon ble David Ogden Esq r for 
four Days Attend as one of His 
Majesty's Council at the last Session 
of Assembly which was omitted by 
Mistake out of the Warrant N 748 
issued 11 th February last , 1 12 

His Excellency was pleased to nominate Anthony Broder- 
ick of Hardiston to be a Justice of the Peace in the County 
of Sussex, and Thomas Millidge to be a Justice of the Peace 
in the County of Morris, to which several Nominations the 
Council assented. 



At a Council held at Perth Amboy on Friday the 28 th 
day of April 1775 

Present 
His Excellency the Governor 

The Chief Justice 
Stephen Skinner Esq r 
John Lawrence Esq r 

His Excellency was pleased to lay before the Board some 
Dispatches he had lately received from the Earl of Dart- 
mouth, one of His Majesty's principal Secretaries of State, 
which having been read and considered, the Council were of 



534 NEW JERSEY COLONIAL DOCUMENTS. [1775 

Opinion, that the said Dispatches contained Matters of great 
Importance to the Colony, and that, in the present Situation 
of Affairs, it would be highly proper to communicate the 
same to the General Assembly as speedily as possible, and 
therefore advised His Excellency to call a Meeting of the 
General Assembly at Burlington on the fifteenth Day of May 
next. 



At a Council held at Burlington on the 15 th Day of Majr 

1775 

Present 

His Excellency the Governor 

David Ogden Esq r Stephen Skinner Esq r 

John Stevens Esq r Daniel Coxe Esq r 

Samuel Smith Esq r John Lawrence Esq r 

James Parker Esq r Francis Hopkinson Esq r 

His Excellency was Pleased to sign the following warrants 
on the Treasury viz* 

N 776. To the Honb le Samuel Smith Esq r or 
Order 161 3 being 6 d per 
Pound on 6440 11 11 J by him 
exchanged in the year ending 11 th 
May 1774 & on the Ballance of 
28,,0,,5J of the year before. 
Also 40 being one per Cent on 
4000 of the sinking Fund in that 
Year making together the sum of.. 201 & 
777 To the same 182 12 8 being 6 d in 
the Pound on the Sum of 7305 
8 6 by him exchanged in the Year 
ending the 10 th of May 1775. And 
82 13 9 being one per Cent on 
8268 18 3 of the sinking Fund ; 
making together the Sum of. 265 6 5- 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 535 

778. To Isaac Collins or Order, for print- 
ing for the Use of the Province, as 
per the Certificate of James Kinsey 
and Tho 8 P. Hewlings Esq" Ill 8 4 



At a Council held at Burlington on the 16 th Day of May 
1775. 

Present 
His Excellency The Governor 

David Ogden Esq r Richard Stockton Esq r 

John Stevens Esq r Stephen Skinner Esq r 

Samuel Smith Egq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

The Chief Justice Francis Hopkinson Esq r 

His Excellency was pleased to communicate to the Board 
His Majesty's gracious Allowance of two Acts of the Legis- 
lature of this Province passed in March 1774, intituled 
' "An Act for Striking One Hundred Thousand Pounds in 
"Bills of Credit, and directing the Mode for sinking the 
"same" 

And 

"An Act for the Relief of Abner Hetfield, an insolvent 
Debtor." 

Also His Majesty's Royal Disallowance of one other Act 
of the Legislature of this Province, passed in March 1774 
intituled. 

"An Act for lowering the Interest of Money to six per 
Cent within this Colony." 

Which had been signified to His Excellency by Copies of 
two several Orders of His Majesty in Council bearing Date 
the 20 th day of February last, and transmitted by the Earl 
of Dartmouth, His Majesty's Principal Secretary of State 
for American Affairs. 

Whereupon the Council advised His Excellency to publish 



536 NEW JERSEY COLONIAL DOCUMENTS. [1775 

the same by Proclamation And His Excellency was pleased 
to issue a Proclamation in the Words following viz* 

By His Excellency 

William Franklin Esquire, Captain General, Governor and 
Commander in Chief in and over the Province of New 
Jersey and Territories thereon depending in America, 
Chancellor and Vice Admiral in the same &c. 

A Proclamation 

Whereas His Majesty by his Order in Council at St. 
James's bearing Date the 20 th Day of February last past, 
hath been graciously pleased with the Advice of his Privy 
Council, to declare His Royall Approbation and Allowance 
of two several Acts of the Legislature of this Province, 
passed in March 1774, intituled as follow, viz* 

"An Act for Striking One Hundred Thousand Pounds in 
Bills of Credit, & directing the mode for sinking the same." 

And 

"An Act for the Belief of Abner Hetfield an Insolvent 
Debtor." 

And whereas His Majesty, by one other Order in Council 
at S* James's, bearing Date the said 20 th Day of February 
last past, hath been pleased, with the Advice of his Privy 
Council, to declare his Eoyal Disallowance of a certain other 
Act of the Legislature of this Province, passed in March 
1774, intituled, 

"An Act for lowering the Interest of Money to six per 
" Cent within this Colony." 

I have therefore thought fit, with the Advice of his 
Majesty's Council for this Province, to publish His Majesty's 
gracious Allowance and Affirmance of the said two Acts first 
above mentioned: and His Majesty's Koyal Dissallowance 
and Repeal of the said Act last above mentioned, by Procla- 
mation, to the End that all His Majesty's Subjects whom it 
may concern may take Notice thereof and govern themselves 
accordingly. 



1775] JOURNAL OF GOVERNOR AND COUNCIL. 537 

Given under my Hand and Seal at Arms in the City of 
Burlington the sixteenth Day of May in the fifteenth Year 
of His Majesty's Reign, and in the Year of our Lord one 
Thousand seven Hundred & seventy five. 

By His Excellency's Command. 

CHA S PETTIT D Seer 7 W m FRANKLIN 

God Save the King. 

At a Council held at Burlington on the 18 th Day of May 
1775. 

Present 
His Excellency The Governor 

David Ogden Esq r The Chief Justice 

John Stevens Esq r Richard Stockton Esq r 

Samuel Smith Esq r Daniel Coxe Esq r 

James Parker Esq r Francis Hopkinson Esq r 

His Excellency was pleased to lay before the Board a 
Bond which had been executed in his Presence by Joseph 
Smith, Richard Smith and Abel James, for the Payment of 
Ten Thousand Pounds Proclamation Money with Condition 
that the said Joseph Smith shall well and faithfully execute 
the Office of Treasurer of the Western Division of this 
Colony, according to the Directions of an Act of the Legisla- 
ture of this Colony, passed in the fourteenth Year of His 
present Majesty's Reign. 

Which Bond, having been read, was delivered to the Deputy 
Secretary, and ordered to be filed in the Secretary's Office. 

At a Council held at Burlington the 20 th Day of May 1775. 

Present 
[as before] 

His Excellency was pleased to lay before the Board, a 
Receipt Signed by Joseph Smith Esq r the present Treasurer 
of the Western Division in the Words and figures following 



538 NEW JERSEY COLONIAL DOCUMENTS. [1775 

" List of Money remaining in the Treasury 

"In new Money, chiefly unsigned by the 

Treasurer 3462,, 14,, 

" In Dollars and small Peices of Silver 276 2 6 

" 192 Half Johannes 576,, 0,, 

"A Bag of Gold, an Inv in it 200 ,,11,, 

" A Bag of Pen& a Maryland, & N. Castle 

Money 1651,, 7,, 2 

6166 ,,14,, 8 

"Received this 18 th Day of May Anno Domini One 
" Thousand seven Hundred and seventy five of Samuel Smith 
"Esq r Six Thousand one Hundred and sixty six Pounds 
"fourteen Shillings and eight Pence being the Ballance due 
" to the Colony of New Jersey as settled & signed by the 
" Committees of the Council and Assembly dated this Day, 
" And reported the same Day to the Council and Assembly 
" and agreed to by both Houses, Received also the Books 
" belonging to the Colony, some Instruments for " making 
" Money a Bond from the Proprietors of East Jersey men- 
" tioned for the Payment of seven Hundred Pounds, on- 
"which six Hundred Pounds is Credited together with 
" some Votes and Laws." 

Which Receipt having been read and considered and it 
appearing to the Board that the Council in their Legislative 
Capacity and the House of Assembly have severally agreed 
to & approved of the Security given by the present Treasurer, 
the Council advised his Excellency to Order the Deputy 
Secretary to deliver up the Bond given by Samuel Smith 
Esq r as late Treasurer, to be cancelled, which was done 
accordingly. 

His Excellency was pleased to nominate Robert Price to 
be a Justice of the Peace in the County of Sussex, to which 
the Council assented. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 539 

A true Copy of the Minutes of the Privy Council of New 
Jersey, from the 12 th Day of January to the 20 th Day of 
May 1775. 

CHA" PETTIT D Clerk 

of the Council. 



A Journal of the Votes and Proceedings of 
His Majesty's Council for the Province of New 
Jersey At a Session of the General Assembly of 
[L. 8.] the said Province, begun and holden at the City 
of Burlington on Monday the fifteenth Day of 
May in the fifteenth Year of the Reign of our 
sovereign Lord, King George the third, Annoque 
Domini 1775 



Monday May 15 th 1775. The House met. 

Present 

David Ogden Esq r Richard Stockton Esq r 

John Stevens E<q r Stephen Skinner Esq r 

Samuel Smith Eeq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

Francis Hopkinson Esq r 

The Speaker laid before the House a Letter from John 
Smith Esq r directed "To the Hon ble the Speaker of His 
Majesty's Council of the Province of New Jersey at Burling- 
ton" which Letter is in the words following viz* 

"Sir, 

" Last Wednesday I attended the Justices & Freeholders 
" of the County of Middlesex with 9598 3 0, which I 
" informed them was Money I had prepared to be sunk agree- 
" able to the Act of Assembly, and tendered it to them with 
" a Request that they would sink it accordingly. But there 



540 NEW JERSEY COLONIAL DOCUMENTS. [1775 

"were neither Justices or Freeholders sufficient to make a 
"Board, and I have good Reason to think they absented 
"themselves with a View that the Money should not be 
"sunk. 

"As this Money is still in my Hands, and I am apprehen- 
" sive will be taken from me, I wish the Legislature would 
" interfere in such Manner so as to secure the Province as 
" well as myself, either by a Law for the immediate cancelling 
" and burning of it, or any other Way, they in their Wisdom 
" may think most expedient. 

" I thought it my Duty to acquaint you of this Matter and 
"beg you will be pleased to communicate it to the Hon ble 
" Council. 

" I am your and their obedient, hum Servant 

Perth Amboy 1 JOHN SMITH, Treasurer 

May 13, 1775. / of East Jersey 

The House continued till Tomorrow. 



Tuesday May 16 th 1775. The House met. 

Present 

David Ogden Esq r Richard Stockton Esq r 

John Stevens Esq r Stephen Skinner Esq r 

Samuel Smith Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

Francis Hopkinson Esq r 

His Excellency came into the Council Chamber and having, 
by the Deputy Secretary, commanded the Attendance of the 
House of Assembly, the Speaker with the House attended, 
when His Excellency was pleased to make a Speech to both 
Houses in the words following viz* 

Gentlemen of the Council, Gentlemen of the Assembly, 

The sole Occasion of my calling you together, at this Time 
is to lay before you a Resolution of the House of Commons, 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 541 

wisely and humanely calculated to open a Door for the 
Restoration of that Harmony between Great-Britain and her 
American Colonies on which their mutual Welfare and 
Happiness so greatly depend. 

This Resolution having already appeared in the publick 
Papers, and a great Variety of Interpretations put upon it, 
mostly according to the different Views and Dispositions by 
which Men are actuated, and scarcely any having seen it in 
it's proper Light, I think I cannot, at this critical Juncture, 
better answer the gracious Purposes of His Majesty, nor do 
my Country more essential Service, than to lay before you as 
full an Explanation of the Occasion, Purport, and Intent of 
it as is in my Power. By this Means you, and the good 
People you represent, will be enabled to judge for yourselves 
how far you ought or ought not to acquiesce with the Plan 
it contains, and what Steps it will be prudent for you to take 
on this very important Occasion. 

You will see in the King's Answer to the joint Address of 
both Houses of Parliament on the 7th of February, how 
much Attention His Majesty was graciously pleased to give 
to the Assurance held out in that Address, of the Readiness 
of Parliament to afford every just and reasonable Indulgence 
to the Colonies ; whenever they should make a proper Appli- 
cation on the Ground of any real Grievance they might have 
to complain of. This Address was accordingly soon after 
followed by the Resolution of the House of Commons now 
laid before you. A Circumstance which afforded His Majesty 
great Satisfaction as it gave Room to hope for a happy Effect, 
and would, at all Events, ever remain an Evidence of their 
Justice and Moderation, and manifest the Temper which has 
accompanied their Deliberations upon that Question which 
has been the Source of so much Disquiet to the King's Sub- 
jects in America. 

His Majesty, ardently wishing to see a Reconciliation of 
the unhappy Differences by every Means thro' which it may 
be obtained, without Prejudice to the just Authority of Par- 
liament, which His Majesty will never suffer to be violated, 



542 NEW JERSEY COLONIAL DOCUMENTS. [1775 

has approved the Resolution of his faithful Commons, and 
has commanded it to be transmitted to the Governors of his 
Colonies, not doubting that this happy Disposition, to comply 
with every just and reasonable Wish of the King's Subjects 
in America, will meet with such a Return of Duty and 
Affection on their Part, as will lead to a happy Issue of the 
present Dispute, and to a Re- establishment of the publick 
Tranquility on those Grounds of Equity, Justice and Modera- 
tion which this Resolution holds forth. 

What has given the King the greater Satisfaction in this 
Resolution, and the greater Confidence in the good Effects of 
it, is his having seen that, amidst all the Intemperance into 
which a People, jealous of their Liberties, have been unfor- 
tunately misled, they have nevertheless avowed the Justice, 
the Equity, and the Propriety of Subjects of the same State 
contributing, according to their Abilities and Situation, to the 
publick Burdens, and this Resolution it is thought holds no 
Proposition beyond that. 

It would probably be deemed unjust to suppose that any 
of the King's Subjects in the Colonies can have so far forgot 
the Benefits they have received from the Parent State as not 
to acknowledge that it is to her Support, held forth at the 
Expence of her Blood and Treasure, that they principally 
owe that Security which hath raised them to their present 
State of Opulence and Importance. In this Situation, there- 
fore, Justice requires that they should, in Return, contribute 
according to their respective Abilities to the Common Defence; 
and their own Welfare and Interest demand that their Civil 
Establishment should be supported with a becoming Dignity. 

It has been the Care, and it is the firm Determination of 
Parliament, to see that both these Ends are answered, and 
their Wisdom and Moderation have suggested the Propriety 
of leaving to each Colony to judge of the Ways and Means 
of making due Provision for these Purposes, reserving to 
themselves a discretionary Power of approving or disapprov- 
ing what shall be offered. 

The Resolution neither points out what the Civil Establish' 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 543 

ment should be, nor demands any specific Sum in Aid of the 
publick Burdens. In both these Respects it leaves full scope 
for that Justice and Liberality which may be expected from 
Colonies, that, under all their Prejudices have never been 
wanting in Expressions of an Affectionate Attachment to 
the Mother Country, and a zealous Regard for the general 
Welfare of the British Empire, and therefore the King 
trusts that the Provision they will engage to make for 
the Support of Civil Government will be adequate to the 
Rank and Station of every necessary Officer, and that the 
Sum to be given in Contribution to the Common Defence 
will be offered on such Terms, and proposed in such a Way, 
as to increase or diminish according as the publick Burdens 
of Great- Britain are from Time to Time augmented or re- 
duced, in so far as those Burdens consist of Taxes and Duties 
which are NOT a Security for the National Debt. 

By such a Mode of Contribution the Colonies will have 
full Security that they can never be required to tax them- 
selves without Parliament's taxing the Subjects in Great 
Britain in a far Greater Proportion, and it may be relied 
upon that any Proposition of this Nature made by any of 
the Colonies, and accompanied with such a State of their 
Faculties and Ability as may evince the Equity of the 
Proposal, will be received with every Possible Indulgence ; 
provided it be at the same Time unaccompanied with any 
Declarations, and unmixed with any Claims which will make 
it impossible for the King, consistently with his own Dignity, 
or for Parliament, consistently with their Constitutional 
Rights, to receive it. But it is not supposed that any of the 
Colonies will, after this Example of the Temper and Modera- 
tion of Parliament, adopt such a Conduct ; on the contrary, 
the pleasing Hope is cherished that the Public Peace will be 
restored, and that the Colonies will enter into the Considera- 
tion of the Resolution of the House of Commons with that 
Calmness and Deliberation which the Importance of it de- 
mands, and with that Good-will and Inclination to a Recon- 
ciliation which are due to the Candour and Justice with 



544 NEW JERSEY COLONIAL DOCUMENTS. [1775< 

which Parliament has taken up this Business and at once de- 
clared to the Colonies what will be ultimately expected from 
them. 

It has been already observed, that the King entirely ap- 
proves the Resolution of the House of Commons, and I have 
His Majesty's Commands to say, that a Compliance therewith 
by the General Assembly of New Jersey will be most gra- 
ciously considered by His Majesty, not only as a Testimony 
of their Reverence for Parliament, but also as a Mark of 
their Duty and Attachment to their Sovereign, who has no 
Object nearer to his Heart than the Peace and Prosperity of 
his Subjects in every Part of his Dominions. At the same 
Time, I must tell you, His Majesty considers himself as 
bound by every Tie to Exert those Means the Constitution 
has placed in his Hands, for preserving that Constitution 
entire, and to resist with Firmness every Attempt to violate 
the Rights of Parliament, to distress and obstruct the lawful 
Commerce of his Subjects, or to encourage in the Colonies 
Ideas of Independence inconsistent with their Connexion 
with Great-Britain. 

Here, Gentlemen, you have a full and candid State of the 
Disposition and Expectations of His Majesty and the Par- 
liament. They require nothing of America but what the 
Colonies have repeatedly professed themselves ready and will- 
ing to perform. A late Assembly of this Province in their 
Petition to the King in 1766 express themselves thus, "As 
"no Danger can approach Britain, without giving us the 
" most sensible Alarm, so your Majesty may be assured, that 
" with filial Duty we shall ever be ready to afford all the As- 
" sistance in our Power, and stand or fall with that King- 
" dom, from which we boast our Descent, and to which we 
" are attached by the strongest Ties of Duty, Gratitude and 
" Affection " And in a subsequent Petition they say, " Very 
"far it is from our Intentions to deny our Subordination to 
" that august Body [the Parliament] or our Dependanoe on 
" the Kingdom of Great-Britain : In these Connexions, and 
*'in the Settlement of our Liberties, under the auspicious 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 545 

" Influence of your Royal House, we know our Happiness 
" consists : and therefore to confirm those Connexions, and to 
"strengthen this Settlement, is at once our Interest, Duty 
"and Delight." 

Similar Declarations have been repeatedly made in other 
Colonies. The following Vote was passed in the Assembly 
of Pennsylvania many Years ago, to wit, " The House taking 
"into Consideration the many Taxes their Fellow Subjects in 
" Great-Britain are obliged to pay towards supporting the 
"Dignity of the Crown, and defraying the necessary and 
" Contingent Charges of Government, and willing to demon- 
" strate the Fidelity, Loyalty and Affection of the Inhabitants 
" of this Province to our gracious Sovereign, by bearing a 
" Share of the Burden of our Fellow Subjects, proportionable 
" to our Circumstances, do, therefore, cheerfully and unani- 
" mously resolve, That Three Thousand Pounds be paid for 
" the Use of the King, his Heirs and Successors, to be applied 
" to such Uses as he, in his Royal Wisdom, shall think fit to 
" direct and appoint." And the said 3000 Pounds was after- 
wards paid into His Majesty's Exchequer by the Agent of 
the Province accordingly. 

Nor can I avoid mentioning what was done in the Conven- 
tion of Committees from every County in Pennsylvania, who 
met in July last for the express Purpose of giving Instruc- 
tions to their Representatives in Assembly on this very Sub- 
ject. Several of these Instructions manifest such a Candor 
and 'Liberality of Sentiment, such just Ideas of the Import- 
ance of our Connexion with Great Britain, and point out so 
rational a Method to be pursued for obtaining Redress for 
the supposed grievances (previous to any Attempts to distress 
the Trade of that Kingdom) that it is greatly to be regretted 
that the Conduct of America in a Matter of such vast Im- 
portance to its future Welfare, had not been regulated by the 
Principles and Advice they suggested. In those Instructions, 
speaking of the Powers Parliament had claimed and lately 
exercised, the Convention say, " We are thoroughly convinced 

35 



,546 NEW JERSEY COLONIAL DOCUMENTS. [1775 

"they will prove unfailing and plentiful Sources of Dissen- 
" tions to our Mother Country and these Colonies, unless some 
" Expedients can be adopted to render her secure of receiving 
" from us every Emolument that can in Justice and Reason 
" be expected, and us secure in our Lives, Properties, and an 
"equitable Share of Commerce. Mournfully revolving in 
" our Minds the Calamities, that, arising from the Dissentions, 
" will most probably fall on us and our Children, we will now 
" lay before you the particular Points we request of you to 
" procure, if possible, to be finally decided; and the Measures 
"that appear to us most likely to produce such a desirable 
"Period of our Distresses and Dangers." Then, after 
enumerating the particular Acts of Parliament which they 
consider as Grievances, and desire to have repealed, they add, 
" In case of obtaining these Terms, it is our Opinion, that it 
" will be reasonable for the Colonies to engage their Obedience 
" to the Acts of Parliament, commonly called the Acts of 
"Navigation, and to every other Act of Parliament declared 
" to have Force, at this Time, in these Colonies, other than 
"those above-mentioned, and to confirm such Statutes by 
"Acts of the several Assemblies. It is also our Opinion, 
" that taking Example from our Mother Country in abolish- 
ing the Courts of Wards and Liveries, Tenures in Capite, 
" and by Knight's Service and Purveyance, it will be reason- 
" able for the Colonies, in case of obtaining the Terms before 
" mentioned to settle a certain annual Revenue on His Majesty, 
" his Heirs and Successors, subject to the Controul of Parlia- 
"ment, and to satisfy all Damages done to the East-India 
"Company. This our Idea of settling a Revenue, arises 
" from a Sense of Duty to our Sovereign and of Esteem for 
41 our Mother Country." We Know and have felt the Benefits 
" of a subordinate Connexion with her. We neither are so 
" stupid as to be ignorant of them, nor so unjust as to deny 
41 them. We have also experienced the Pleasures of Grati- 
"tude and Love as well as Advantages from that Connexion. 
" The Impressions are not yet erased. We consider her 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 547 

" Circumstances with tender Concern. We have not been 
"wanting, when constitutionally called upon, to assist her to 
" the utmost of our Abilities; insomuch that she has judged 
" it reasonable to make us Recompences for our overstrained 
"Exertions: And we now think we ought to contribute 
" more than we do to the Alleviation of her Burdens. What- 
" ever may be said of these Proposals on either Side of the 
" Atlantic, this is not a Time either for Timidity or Rashness. 
" We perfectly know that the great Cause now agitated, is to 
"" be conducted to a happy Conclusion, only by that well 
41 tempered Composition of Counsels, which Firmness, Pru- 
dence, Loyalty to our Sovereign, Respect to our Parent 
" State, and Affection to our Native Country, united must 
" form." In Case of War, or in any Emergency of Distress, 
" we shall also be ready and willing to contribute all Aids 
" within our Power. And we solemnly declare, that on such 
" Occasions, if we or our Posterity shall refuse, neglect or 
" decline thus to contribute, it will be a mean and manifest 
" Violation of a plain duty, and a weak and wicked Desertion 
" of the true Interests of this Province, which ever have been 
"and must be bound up in the Prosperity of our Mother 
41 Country. Our Union, founded on mutual Compacts and 
" mutual Benefits, will be indissoluble, at least more firm than 
"an Union perpetually disturbed by disputed Rights and 
* ( retorted Injuries." I could quote several more Passages 
from these Instructions which are expressive of the same 
honest and generous Sentiments with Regard to Great- 
Britain, but I shall only make one more Extract, and that 
respecting the Mode which they recommended to be pursued 
for the Redress of Grievances, viz. "But other Considera- 
"tions have Weight with us. We weigh every Mark of 
" Respect to be paid to His Majesty's Administration. We 
" have been taught from our Youth to entertain tender and 
"brotherly Affections for our Fellow Subjects at Home. 
"The Interruption of our Commerce must greatly distress 
" great Numbers of them. This we earnestly desire to avoid. 



548 NEW JERSEY COLONIAL DOCUMENTS. [1775 

" We therefore request, that the Deputies you shall appoint 
" may be instructed to exert themselves at the Congress, to 
" induce the Members of it to consent to make a full and 
" precise State of Grievances, and a decent, yet firm Claim of 
" Redress, and to wait the Event, before any other Step is 
" taken. It is our opinion that Persons should be appointed 
" and sent Home to present this State and Claim at the Court 
" of Great-Britain.^ After mentioning their Confidence in 
the intended general Congress, and their Resolution to abide 
by their Determinations for the Sake of Unanimity, they 
declare that it is with a strong " Hope and Trust that they 
" will not draw this Province into any Measure judged by us, 
" who must be better acquainted with its State than Strangers,. 
"highly inexpedient. Of this Kind, we know any other 
" Stoppage of Trade, but of that with Great-Britain^ will be. 
" Even this Step, we should be extremely afflicted to see taken 
" by the Congress before the other Mode above pointed out is 
"tried." 

Happy would it have been at this Day, in all Probability, 
if some such healing Measures had been pursued. Some 
Plan of Union or Proposal of "a mutual Compact" for 
" mutual Benefit " was the grand Object which every honest 
Man in the Colonies had at Heart. An imperfect one (if 
not too glaringly so) was better than none, as it would, if it 
had answered no other Purpose, have laid a Foundation for 
Negotiation and Treaty. It has been lately observed in 
Parliament, "That it does not appear the Colonies were 
"seriously inclined to come into any reasonable Terms of 
"Accommodation, as nobody was authorized to make any 
" Proposals to that Effect." 

However, it can be of little Avail now to animadvert on 
past Transactions. Who has been most in the right or most 
in the wrong can never be satisfactorily decided. Many 
Things will ever happen, in the Course of a long continued 
Dispute, which good Men of both Parties must reflect on 
with Pain, and wish to have buried in Oblivion. In the 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 549 

present Situation of Affairs we should only look forward, 
and endeavour to fall on some Expedient that may avert 
the impending Danger. To effect this desirable Purpose a 
Plan is now formed, and recommended to you by His 
Majesty, containing Terms greatly corresponding with the 
avowed Sentiments of many of the Colonies, and which, I 
think, can only want to be rightly understood in order to be 
generally adopted : In does not require from the People of 
this Country any formal Acknowledgment of the Right of 
Taxation in the Parliament. It waves all Dispute on that 
Head, and suspends the Exercise of it for ever, if so long the 
Colonies shall perform their Part of the Compact. It does 
not even require, as a Preliminary, that the Non-Importa- 
tion and Non-Exportation Agreements shall be abolished. 
It comes before you in the old accustomed Manner, by Way 
of Requisition, being approved and adopted by the King, 
who has directed his several Governors to signify to the 
respective Assemblies his Desire that they should grant such 
Aids for the Common Defence, and the Support of Govern- 
ment within the Colonies, as shall appear to them just and 
equitable, and proportionate to their Abilities. His Majesty 
and the Parliament, 'tis true, are to judge whether the Aids 
which each Colony may offer are worth Acceptance, or 
adequate to their respective Abilities, as they did during the 
Course of the last War, very much to the Satisfaction of 
those Colonies who exerted themselves, often making them a 
Compensation u according as their active Vigour and strenu- 
" ous Efforts respectively appeared to merit." The Necessity 
of some such Supreme Judge is evident from the very 
Nature of the Case, as otherwise some Colonies might not 
contribute their due Proportion. During the last War, I 
well remember, it was ardently wished by some of the 
Colonies that others, who were thought to be delinquent, 
might be compelled by Act of Parliament to bear an equal 
Share of the publick Burdens. It appears by the Minutes of 
Assembly, in March and April 1758, that some of the neigh- 



550 NEW JERSEY COLONIAL DOCUMENTS. [1775 

bouring Colonies thought New- Jersey had not at that Time 
contributed its due Share towards the Expences of the War, 
and that President Reading (the then Commander in Chief 
of the Colony) was of the same opinion. And since my 
Administration, when the Assembly in 1764 was called 
upon to make Provision for raising some Troops on Account 
of the Indian War, they declined doing it for some Time, 
but "on Condition a Majority of the Eastern Colonies, as far 
as to include Massachusetts-Bay ', should come into His 
Majesty's Requisition on the Occasion." But, as none of the 
Assemblies of the New-England Governments thought them- 
selves nearly concerned, nothing was granted by them ; and 
the whole Burden of the Expeditions then carried on fell 
upon Great-Britain and three or four of the middle Colonies \ 
with which this Colony was dissatisfied, and the Assembly 
complained of it in one of their Addresses to me on the Occa- 
g j on> But what fully Evinces that there is no Design of 
Oppression or Extortion in the proposed Reservation in His 
Majesty and his Parliament of the Right of approving the 
Aids which may be offered by the Colonies, is, His Majesty's 
gracious Assurance that the Propositions on this Head will 
be received with every possible Indulgence. The Monies 
raised by the several Colonies as their Proportion to the 
common Defence is made subject to the Disposal of Parlia- 
ment, as in Justice it ought, as they furnish the whole Sum 
which may be wanted for that necessary Purpose, according 
to the Estimates annually laid before them by the Crown, 
besides making Provision for the Civil List and National 
Debt, towards which the Colonies are not asked to contribute. 
The Army and Navy Establishment it is well known is 
necessarily increased since the Extension of the British 
Dominions in America. The whole American Civil and 
Military Establishment, as paid by Great-Britain, after the 
Peace of Aix la Chapdle was, it is said, only 70,000 
Sterling ; but since the last Peace it amounts to upwards of 
350,000. As this great additional Expence was chiefly 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 551 

incurred on an American Account, it cannot but be reason- 
able that America should pay some Part of it. To remove 
every Objection that other Taxes may be raised upon* 
America, under the Colour of Regulations on Commerce, the 
Produce of all such Duties is to be carried to the Account of 
that Province where it is to be levied. 

We have now, thank Heaven, a happy Opportunity of get- 
ting entirely rid of this unnatural Contest, by only complying 
with what, I think, has been fully proved and acknowledged 
to be our indispensable Duty. Wherever a People enjoy Pro- 
tection, and the other common Benefits of the State, nothing 
can be more reasonable than that they should bear their Share 
of the common Burden. 

It is much to be lamented that there is so much Truth in 
the Observation, That Mankind generally act not according 
to Right, but according to present Interest, and most accord- 
ing to present Passion. In the present Case, there are no 
Difficulties but what may be easily surmounted, if Men come 
together sincerely disposed to serve their Country, unbiased 
by any sinister Views or improper Resentments. This, Gen- 
tlemen, I trust, will be found to be your Disposition in this 
most alarming Situation of publick Affairs. Let me conjure 
you, however, not to come to any precipitate Resolutions 
respecting the Plan of Accommodation now communicated ta 
you. I have no Objection to give you any Time you may 
think necessary for the due Consideration of it. It is, indeed, 
a Concern of a more interesting Nature than ever before came 
under the Consideration of an American Assembly. If it is 
adopted, all will yet be well. If it is totally rejected, or noth- 
ing similar to it proposed, or made the Basis of a Negotiation, 
it will necessarily induce a Belief of what has been lately so 
often mentioned in Publick, " That it is not a Dispute about 
<( Modes of Taxation but that the Americans have deeper 
" Views, and mean to throw off all Dependence upon Great 
" Britain, and to get rid of every Controul of their Legis- 
" lature." Should such Sentiments ever prevail, they cannot 



552 NEW JERSEY COLONIAL DOCUMENTS. [1775 

but have the most fatal Effects to this Country. I am, how- 
ever, fully convinced that the Body of the People in the 
Colonies do not even entertain a Wish of the Kind. Rather 
than lose the Protection of Great- Britain, America, were it 
ever so constitutionally and allowedly independent, would 
find it for its Advantage to purchase that Protection at an 
Expence far beyond what Great-Britain would ever think of 
requiring while we show her that Regard and Obedience to 
which she is justly entitled, and which our own Interest and 
Safety should prompt us to shew if there were no other Con- 
siderations. 

Taxation being the principal Source of the present Dis- 
orders, when that important Point is once settled, Every 
other Subject of Complaint which has grown out of it will, 
no doubt, of course, be removed. For you may rely, Gentle- 
men, that notwithstanding the many inimical and oppressive 
Designs which the Jealousies and Suspicions of incensed 
People have attributed to Government, yet it is evident from 
the whole Tenor of the Letters from which I have had the 
Honour to receive from the King's Ministers that his Majesty 
and They have nothing more at Heart than to have these 
unhappy Differences accommodated on some just and honour- 
able Plan, which shall at the same Time Secure the Liberties 
of the People without lessening the necessary Power and 
Dignity of Parliament. 

God grant that the Colonies may manifest the same laud- 
able Disposition, and that a hearty Reconciliation and Har- 
mony may take the Place of the present Confusion and 
Dissention 

W m FEANKLIN. 

Council Chamber May 16, 1775. 

The House continued till Tomorrow. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 553 

Wednesday May 17 th 1775, The House met 

Present as before 



The House continued till Tomorrow 

Thursday May 18 th 1775 The House met 
Present as before 

A Message from the House of Assembly by M r Dey and 
M r Taylor in the words following viz* 

"House of Assembly May 17, 1775 

" Ordered, That M r Tucker, M r Sykes, M r Demarest, M r 
" Gibbon, M r Sheppard and M r Dunham or any four of them 
" be a Committee to join a Committee of the Council to settle 
"the Western Treasurer's Accounts and burn the cancelled 
" Money in his Hands, and that M r Dey and M r Taylor do 
" acquaint the Council thereof, and desire them to appoint a 
"Committee accordingly together with the Time and Place 
"of Meeting" 

This House having taken the said Message into Con- 
sideration 

Ordered, That M r Parker, M r Stevens and M r Hopkinson 
be a Committee to join with a Committee of the House of 
Assembly to settle the Western Treasurer's Accounts and 
burn the cancelled Money in his Hands and make Report to 
the House that the said Committees do meet for that Pur- 
pose at ten of the Clock this Forenoon at the said Treasurer's 
House. ' 

Ordered, That M r Lawrence do acquaint the House of 
Assembly therewith. 

M r Lawrence reported that he had obeyed the Order of the 
House. 

The House continued till 3 o'Clock P. M. 



554 NEW JERSEY COLONIAL DOCUMENTS. [1775 

The House met pursuant to adjournment 

Present as before 

. . 

M r Stevens, from the Committee appointed to join with & 
Committee of the House of Assembly to settle the Western 
Treasurer's Accounts and burn the cancelled Money in his 
Hands reported that the said Committees had met according 
to Order, and settled the said Western Treasurer's Accounts 
and burned the cancelled Money in his Hands, and that he 
was ready to make Report thereof whenever the House 
would be pleased to receive the same. 

Ordered That the said Report be made immediately 

Whereupon M r Stevens read the said Accounts in his Place 
and delivered them in at the Table. 

And the said Accounts being again read were agreed to by 
the House. 

Ordered That the said Accounts be inserted in the Journals 
of this House 

And they are as follow 



D r Samuel Smith Esq re Ace* for Support of C r 

Government 

1773 By the Act of Assem- 

Decrl To Ballance of last Acct bly suspending 

settled & reported to the the Payment of 

Council and Assembly the Tax for Cape 

this Day 1079,, 19,, 11 May County, 

To the Taxes of the fol- which should 

lowing Counties for the have been paid 

Support of Government Novrl773 58,, 9,, 

payable into the Treas- By sundry Vouchers 
ury 21 Novr 1773, being from No 1, to No 

the Remr of the Taxes for 96 inclusive, all 

the Support of Govern- examined, allow- 

ment that Year Vizt ed & indorsed the 

Sussex County..207,, 13 ,,0 18th May 1775 4911,, 7,, 10% 

Cape May 58,, 9,,- 

L_ 266,, 2,,- 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 



555- 



1774 
Deer 



2 To Cash of Wilson Hunt 
on Account of the Bal- 
lance due from him to 
the Province 

To the Taxes for the Sup- 
port of Government pay- 
able into the Treasury 
Deer 21, 1774, vizt 

Burlington 375, 1,,0 

Gloucester 267, 1,,0 

Salem 237, 17 ,,0 

Cumberland... 134, 17 ,,0 

Cape May 58, 9,,0 

Hunterdon.... 477, 7,,0 
Sussex 207, 13, ,0 



Novr 
21 



1758,, 5,, 



To Cash of Daniel Hand, 
late Collector of Cape 
May, being a Moiety of 
the Tax for Support of 
Government of that 
County which should 
have been paid 21 Novr 
1773, but suspended by 
Act of Assembly to this 
Day 29,, 

To Ballc card togenl Acct.. 1767 ,, 



4,, 6 



1969 ,,16 ,, 



4969 ,,16 , 



Burlington May 18 th 1775 

Errors Excepted 

By Order of the Committees 

JN STEVENS 
SAM ! TUCKER 



Dr Samuel Smith Esq r Account of the Sinking Fund Cr 



1773 
Nov 



To the Sinking Fund Tax 
directed to be raised this 
Year, vizt 
Burlington . . . 1339 11 

Gloucester 953,, 18,, 

Salem 849,,10,,0 

Cumberland. .. 481 13 

Cape May 208,,13,,0 

Hunterdon 1704 16 ,,0 

Sussex 741,,12,,0 



1773 

Deer 1 By Ballance 
reported to the 
Council & Assem- 
bly Deer 1, 1773 

By the Act of Assem- 
bly suspending 
Payment of the 
Tax for Cape May 
County wch 
should have been 
paid Novr 1773 



28,, -,,5% 



13 ,,0 



$56 



NEW JERSEY COLONIAL DOCUMENTS. 



[1775 



24 

Deer To the sinking Fund Tax 
directed to be raised this 
Year Vizt 
Burlington.... 1607, 10 ,,0 

Gloucester 1144, 

Salem 1019, 

Cumberland... 578, 
Cape May, 250, 



Hunterdon,... 2045, 
Sussex... .. 889, 



14 ,,0 
8,,0 
0,,0 
7,,0 



15 ,,0 
18 ,,0 



Nov To Cash of Danl Hand late 
25 Collector of Cape May 
being a Moiety of the 
Cape May Tax wch should 
have been paid 21 Novr 
1773, but suspended to this 
Day by Act of Assembly... 



tr\A r 

lu*,, b,, b 



1774 

May 11. By Part of 
the Justices & 
Freeholders' Cer- 
tificates of Money 
cancelled this Day, 
the Remainder 
credited in the 
Acct for exchang- 
ing ragged and 
torn Bills, & the 
whole burned by 
the Committees 
May 18 1775 4000,, 0,,0 

1775. 

May 10 By the Jus- 
tices and Free- 
holders Certificate 
of Money cancel- 
led this Day, and 
burned by the 
Committees May 
18,1775 8268 ,,18 ,,3 

Ballance carried to 
General Account. . 1413 19 9? 



13919 ,,11,, 6 



13919 11 ,, 



Burlington May 18, 1775 

Errors Excepted 

By Order of the Committees 

JN STEVENS 
SAM 1 TUCKER 



D r Samuel Smith Esq r 

Ace* of Money for exchanging ragged & torn Bills 



C r 



To the western Moiety of 

the Exchange Money 

of the 20 th of George 

the second 3004 16 ,,0 

To the Western Moiety 

of ditto of the 29 th of 

George the second 1749 1 6 

To the Western Moiety 

of ditto of the 4 th of 

George the third 5000 



9753, ,17 ,,6 



1774 
May 11. By Part 

of the Justices & 

Freeholders' Cer- 
tificate of Money 

sunk this Day, the 

Rem r credited in 

the Sinking Fund 

Account, & the 

whole burned by 

the Committees 

May 18, 1775 3233 ,,15 ,,6 

Ballance carried to 

general Account. 6520 2 

9753 17 6 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 557 

D r Samuel Smith Esq r C* 

General Ace* with the Province of New Jersey 

To Ballance from Sink- By Ballance from 

ing-Fund Account 1413,,19,,9f Ace* of Support 

To Ballance from Ac- of Government... 1767,, 7 1J 
count of Exchange Ballance due, & this 
Money 6520,, 2,,0 Day paid to Jo- 
seph Smith Esq r 
his Successor in 
office ^ Keceipt 
of this Date 6166 14 8J- 



7934,. l,,9f 



Burlington May 18, 1775 

Errors Excepted 

By Order of the Committees 

JN STEVENS 
SAM 1 TUCKER 

His Excellency the Governor having been pleased to 
appoint Joseph Smith Esq r Treasurer of the Western Divi- 
sion of this Province in the Room of the Hon ble Samuel 
Smith Esq r who hath resigned the said Office ; and a Bond 
having been laid before the House duly executed according 
to the Directions of An Act of Assembly passed in the four- 
teenth Year of His present Majesty's Reign, with two 
Sureties and with the Condition directed by the said Act, 
which Bond having been read and considered, it is the unani- 
mous Opinion of the House that the same and the Sureties 
therein bound are ample and sufficient, and the late Treasurer 
Samuel Smith Esq r having fully settled his Accounts and paid 
the Ballance due thereon to his Successor in Office, 

Ordered, That the Bond given by the said Samuel Smith 
Esq r as Treasurer of the Western Division of this Province, 
be delivered up to be cancelled agreeably to the Directions of 
the Act of Assembly before mentioned. 

The House continued till Tomorrow 



558 NEW JERSEY COLONIAL DOCUMENTS. [1775 

' } 

Friday May 19 th 1775. The House met 

Present as before 
The House continued till Tomorrow 

Saturday May 20 th 1775 The House met 

Present 

David Ogden Esq r Stephen Skinner Esq r 

Samuel Smith Esq r Daniel Coxe Esq r 

James Parker Esq r John Lawrence Esq r 

Kichard Stockton Esq r Francis Hopkinson Esq r 

His Excellency came into the Council Chamber & having 
by the Deputy Secretary, commanded the Attendance of the 
House of Assembly, the Speaker with the House attended, 
and the Speaker addressed the Governor in the Words, or to 
the Effect following. 

" I am ordered by the House of Assembly to deliver to 
Your Excellency their Address, which being different from 
my Sentiments, I think it necessary thus publickly to declare 
it a step I should not have taken had I been permitted to 
enter my Dissent on the Minutes of the House." 

After which the Speaker delivered the Address of the 
House of Assembly to His Excellency as follows viz : 

To His Excellency William Franklin Esquire, Captain 
General, Governor and Commander in Chief in and over His 
Majesty's Colony of Nova-Caesarea or New Jersey, and 
Territories thereon depending in America, Chancellor and 
Yice Admiral in the same &c 

The Humble Address of the Representatives of the said 
Colony in General Assembly convened. 

May it please Your Excellency. 

We, His Majesty's loyal and dutiful Subjects, the Repre- 
sentatives of the Colony of New- Jersey in General Assembly 



1775] JOURNAL. OF THE PROVINCIAL COUNCIL. 559 

convened, have taken under our Consideration Your Excel- 
lency's Speech at the Opening of the Session, together with 
the Resolution of the House of Commons accompanying the 
same, containing a Proposition for accommodating of the 
unhappy Differences at present subsisting between our Parent 
Country and the Colonies. 

As the Continental Congress is now sitting to consider of 
the present critical Situation of American Affairs, and as this 
House has already appointed Delegates for that Purpose, we 
should have been glad that Your Excellency had postponed 
the present Meeting until their Opinion could be had upon 
the Resolution now offered for our Consideration, and to 
which we have no Doubt that a proper Attention will be 
paid, more especially as we cannot suppose you to entertain a 
Suspicion that the present House has the least Design to 
desert the Common Cause, in which all America appears to 
be both deeply interested and firmly united, so far as separ- 
ately and without the Advice of a Body, in which all are 
represented, to adopt a Measure of so much Importance. 
Until this Opinion is known we can only give Your Excel- 
lency our present Sentiments, being fully of Opinion that we 
shall pay all proper Respect to, and abide by, the united 
Voice of the Congress on the present Occasion. 

Your Excellency is pleased to tell us, That this Resolution 
"has had a Variety of Interpretations put on it." "that 
scarcely any have seen it in its proper Light" and you pro- 
ceed to give us that Explanation of the Design and Occasion 
which you apprehend will enable us and our Constituents to 
judge how far the Plan it contains ought to be acquiesced in, 
and what steps it may be prudent to take in the present Situa- 
tion. We confess that Your Excellency has put a Construc- 
tion on the Proposition which appears to us to be new and if 
we could be of the Opinion that the Resolution " holds no 
Proposition beyond the avowal of the Justice, the Equity 
and the Propriety of Subjects of the same State, contributing 
according to their Abilities and Situation to the publick 



560 NEW JERSEY COLONIAL DOCUMENTS. [1775 

Burden," and did not convey to us the Idea of submitting 
the Disposal of all our Property to others in whom we have 
no Choice, it is more than probable that we should gladly 
embrace the Opportunity of settling this unhappy Dispute. 

Most Assemblies on the Continent have, at various Times, 
acknowledged and declared to the World their Willingness, 
not only to defray the Charge of the Administration of Jus- 
tice and the Support of the Civil Government, but also to 
contribute, as they have hitherto done, when constitutionally 
called upon, to every reasonable and necessary Expence for 
the Defence, Protection and Security of the whole British 
Empire ; and this Colony in particular hath always complied 
with His Majesty's Requisitions for those Purposes : And 
we do now assure Your Excellency that we shall always be 
ready, according to our Abilities,, and to the utmost of our 
Power, to maintain the Interest of His Majesty and of our 
Parent State. If then your Excellency's Construction be 
right, and if a Proposal " of this Nature " will, as you are 
pleased to inform us, be received by His Majesty with every 
possible Indulgence, we have Hopes that the Declaration we 
now make will be looked on by His Majesty and his 
Ministers not only to be similar to what is required from us f 
but also to be a "Basis of a Negotiation" on which the 
present Differences may be accommodated An Event which 
we most ardently wish for. 

We have considered the Resolution of the House of Com- 
mons We would not wish to come to a Determination that 
might be justly called precipitate in the present alarming 
Situation of Affairs But, if we mistake not, this Resolution 
contains no new Proposal ; It appears to us to be the same 
with one made to the Colonies the Year preceding the pass- 
ing of the late Stamp Act, at least it is not materially different 
therefrom. America then did not comply with it, and 
though we are sincerely disposed to make use of all proper 
Means to obtain the Favour of His Majesty and the Parlia- 
ment of Great-Britain, yet we cannot, in our present Opinion, 
comply with a Proposition which we really apprehend to give 



1775] JOTJBNAL OF THE PROVINCIAL COUNCIL. 561 

up the Privileges of Freemen ; nor do we want any Time to 
consider whether we shall submit to that which, in our 
Apprehension, will reduce us and our Constituents to a State 
little better than that of Slavery. 

By the Resolution now offered, if assented to, we think we 
shall be to all Intents and Purposes as fully and effectually 
taxed by our Fellow Subjects in Great- Britain, where we 
have not any Representation, as by any of the late Acts of 
the British Parliament, under which we have been aggrieved 
of which we have complained and from which we have 
prayed to be relieved, and that too in a much greater Degree, 
perhaps, than by all those Acts put together. We cannot 
consent to subject the Property of our Constituents to be 
taken away for Services and Uses, of the Propriety of which 
we have no Right to judge, while to us are only left the 
Ways and Means of raising the Money. We have always 
thought and contended that we had a Right to dispose of our 
Property ourselves, and we have always cheerfully yielded 
our Assistance to His Majesty in that Way, when the Exi- 
gencies of Affairs required us so to do and he has condescended 
to ask it from us. It is the Freedom of Granting, as well 
as the Mode of raising Monies which this House cannot 
voluntarily part with without betraying the just Rights of 
the Constitution. The present Resolution seems to require 
us to raise a Proportion which a Parliament of Great-Britain 
may at any Time think fit to grant. At this Time we can- 
not form any Judgment, either of the Extent of the Proposi- 
tion, or of the Consequences in which the good People of the 
Colony may be involved by our Assent to a Provision so inde- 
terminate; for it appears to us to be impossible to judge what 
Proportion or Share the People can bear until we know what 
Situation they will be in when any Sum is intended to be 
raised. Upon the Whole, though sincerely desirous to give 
every Mark of Duty and Attachment to the King, and to 
shew all due Reverence to the Parliament of our Parent State, 
we cannot, consistent with our real Sentiments, and the Trust 

36 



562 NEW JERSEY COLONIAL DOCUMENTS. [1775 

reposed in us, assent to a Proposal big with Consequences 
destructive to the publick Welfare ; and hope that the Justice 
of our Parent Country will not permit us to be driven into a 
Situation the Prospect of which fills us with Anxiety and 
Horror. 

There may be much Truth in the Observation " that Man- 
kind generally act, not according to Eight, but according to 
present Interest, and most according to present Passion." 
Yet we trust that our Conduct, on the present Occasion, is 
neither influenced by the one or the other ; and we persuade 
ourselves that Your Excellency is so well acquainted with the 
People you govern, that it is quite unnecessary for us to make 
use of any Means to convince you of the Injustice of the 
Charge " that the Americans have deeper Views, and mean 
"" to throw off all Dependence on Great- Britain, and to get 
" rid of every Control of their Legislature." 

We heartily pray that the Supreme Disposer of Events, in 
whose Hand are the Hearts of all Men, may avert the Calami- 
ties impending over us, and influence our Sovereign, his Min- 
istry and the Parliament, so as to induce them to put a Stop 
to the Effusion of the Blood of the Colonists, who wish 
always to look upon their Fellow Subjects in Britain as their 
Brethren, and are really desirous to promote their interest and 
Happiness upon any reasonable Terms ; and it will give us 
great Pleasure to find Your Excellency amongst those who, 
by just and proper Representation of the Dispositions of the 
Inhabitants of these Colonies, shall assist in settling of the 
present unhappy Differences. 

By Order of the House, 

CORTLA.ND SKINNER, Speaker. 

House of Assembly May 19, 1775. 

To which His Excellency made a Reply as follows, viz : 
Gentlemen 

I have done my Duty. I lost no Time in laying before 
you the Propositions I had received for an amicable Accom- 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 563 

modation of the present unhappy Differences. I gave you as 
full and candid an Explanation of them as I was authorized 
or enabled to do. Whether those Propositions, or my Expla- 
nation of them, did or did not contain anything new is but 
little to the Purpose. The Question is, whether they ought 
or ought not to be approved, either in Whole or in Part, or 
be made the Ground of a Negotiation ; and whether, in the 
latter Case, every Assembly on the Continent ought not to 
take some active Measures to effect an End so desirable. In 
stating the Matter to you, I could have no suspicion that you 
did not think yourselves competent to the Business, and were 
necessarily to wait the Determination of another Body. It 
was but the last Session that you assured me that you would 
not " suffer any of the Rights vested in you by the Constitu- 
tion to be wrested out of your hands by any Person or Per- 
sons whatsoever." I shall forbear to point out the Incon- 
sistency of this Address with that Declaration. Nor shall I 
aim to convince you of the wrong Ideas you have formed of 
those Propositions. Were they ever so rightly understood, 
or ever so well approved by you, yet, to judge by your own 
Declarations, it could be of no Avail. The Times are indeed 
greatly altered. I shall be happy to see some proper Attempts 
to mend them. My Representations and Endeavours from 
the first Commencement of this unnatural Dispute to this 
Day, have not been nor shall they ever be wanting towards 
effecting a Reconciliation. I am persuaded that if a Disposi- 
tion of this Sort is manifested, and the proper Steps are pur- 
sued by those who have it in their Power to take the Lead in 
this important Affair on the Part of America, it may be easily 
accomplished to mutual Satisfaction. His Majesty, I am sure, 
would wish to avoid the Shedding of the Blood of His Ameri- 
can, as much as that of His British Subjects. They must be 
all equally dear to him if they are equally dutiful. The 
Americans in general have been, and I hope will ever prove 
as well disposed to His Majesty and His Family as the Sub- 
jects of any other Part of the Dominions. 



564 NEW JERSEY COLONIAL, DOCUMENTS. [1775 

A Message from the House of Assembly by M r Mehelm 
and M r Elmer, requesting to Know whether this House have 
any further Business before them, and that if they have not, 
the House of Assembly intend to apply to His Excellency 
for a Dismission. 

To which the Speaker answered "There is no further 
Business before this House, and they have no Objection to 
such Application being made." 

His Excellency came into the Council Chamber, and 
having, by the Deputy Secretary, commanded the Attendance 
of the House of Assembly, the Speaker with the House 
attended, when His Excellency was pleased to prorogue the 
General Assembly to Tuesday the 22 d day of June next then 
to meet at the City of Burlington. 

A true Copy 

CHA" PETTIT, D Clerk 



A Journal of the Proceedings of His Majesty's Council 
for the Province of New Jersey at a session of the General 
Assembly began and holden in the City of Burlington, on .the 
fifteenth day of November, in the year of our Lord one 
thousand seven hundred and seventy five, and in the sixteenth 
year of the reign of our Sovereign Lord, King George the 
Third. 



Wednesday November 15, 1775 
The House Met 

Present 

The Chief Justice Daniel Coxe, Esq. 

Richard Stockton, Esq. John Lawrence Esq. 
Stephen Skinner, Esq. Francis Hopkinson, Esq. 

The House Continued till to-morrow. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 565 

Thursday November 16, 1775 
The House Met 

Present 

The Chief Justice Daniel Coxe, Esq. 

Richard Stockton, Esq. John Lawrence, Esq. 
Stephen Skinner, Esq. Francis Hopkinson, Esq. 

His Excellency came into the Council Chamber, and hav- 
ing, by the Deputy Secretary, commanded the attendance of 
the House of Assembly, the Speaker with the House attended, 
when his Excellency was pleased to make a Speech to both 
Houses in the words following, viz : 

Gentlemen of the Council and Gentlemen of the Assembly. 

I have called this meeting that you might have an oppor- 
tunity of transacting such business as the pub lick exigencies 
of the Province required. 

Having lately said so much to you concerning the present 
unhappy situation of publick affairs, and the destructive 
measures which have been adopted in the Colonies, under the 
pretence of Necessity ; and as I do not yet see that the urging 
any more arguments on that head has a chance of producing 
any good effect, I shall not endanger the harmony of the 
present session by a further discussion of the subject. 

It is necessary, however, that you should be informed, 
" That His Majesty laments to find his Subjects in America 
so lost to their true interests as neither to accept the resolu- 
tion of the House of Commons of the 20 th of February, nor 
make it the basis of a negotiation, when, in all probability, 
it would have led to some plan of accommodation; and that, 
as they have preferred engaging in a rebellion which menaces 
to overthrow the Constitution, it becomes His Majesty's duty, 
and is his firm resolution, that the most Vigorous Efforts 



566 NEW JERSEY COLONIAL DOCUMENTS. [1775 

should be made both by sea and land, to reduce his rebellious 
subjects to obedience. But it is hoped that, unfavorable as 
the prospects are at present, the time will come when men of 
sense and friends to peace and good order will see the fatal 
consequences of the delusions which have led to the measures 
the people of America are now pursuing, and that we may 
yet see the publick tranquility re-established, on the ground 
of the terms held out by His Majesty and the Parliament." 

It is likewise proper that you should know "that the 
Commanders of His Majesty 's Squadrons in America have 
Orders to proceed, as in the case of a Town in actual rebel- 
lion, against such of the seaport Towns and places, being 
accessible to, the King's Ships, as shall offer any Violence to 
the King's Officers, or in which any Troops shall be raised 
or Military Works Erected, other than by His Majesty's 
authority, or any attempts made to seize or plunder any pub- 
lick Magazine of Arms or Ammunition." 

Although the King's Officers in this Province have not as 
yet, except in one or two instances, met with any insults or 
improper treatment from any of the inhabitants, yet such 
has been the general infatuation and disorder of the times, 
that had I followed the judgment and advice of some of my 
best friends, I should ere this have sought (as others of the 
King's Governors have done) an asylum on board of one of 
His Majesty's Ships ; but as I am conscious that I have the 
true interest and welfare of the people at heart, (though I 
am so unhappy as to differ widely in opinion with their Rep- 
resentatives, respecting the best means of serving them in the 
present Crisis) I shall Continue my Confidence in that affec- 
tion and regard which I have on so many occasions experi- 
enced from all ranks during my residence in this Colony. I 
have indeed the stronger inducement to run this risk, and to 
use my influence with the other Crown Officers to do the 
same, because our retreat would necessarily be attributed to 
either the effect or well grounded apprehension of Violence,. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 567 

and of Course Subject the Colony to be more immediately 
considered as in actual rebellion and be productive of mis- 
chiefs which it is my earnest inclination and determination to 
prevent, as far as may be in my power. Let me therefore, 
Gentlemen, entreat you to exert your influence likewise with 
the people, that they may not, by any action of theirs, give 
cause for the bringing such calamities on the Province. No 
advantage can possibly result from the Seizing, Confinement, 
or ill treatment of the Officers, adequate to the certain dam- 
age such acts of Violence must occasion the Province to 
suffer. 

However, gentlemen, if you should be of a different 
opinion, and will not or cannot answer for our safety, all I 
ask is, that you will tell me so, in such plain, open language 
as cannot be misunderstood ; for, as sentiments of independ- 
ency are, by some men of present Consequence, openly 
avowed, and essays are already appearing in the publick 
papers to ridicule the people's fears of that horrid measure, 
and remove their aversion to Republican Government, it i& 
high time that every man should know what he has to expect. 
If, as I hope, you have an abhorrence of such design, you 
will do your Country an essential service by declaring it in 
so full and explicit terms as may discourage the attempt. 
You may always rely on finding me ready to co-operate with 
you in every proper expedient for promoting peace, order, 
and good Government ; and I shall deem it a particular hap- 
piness to have an opportunity of being instrumental in saving 
the Province from the present impending danger. 

WILLIAM FRANKLIN 

Council Chamber November 16, 1775. 

After which, the Speaker, with the House of Assembly 
withdrew 

The House continued till to-morrow. 



568 NEW JERSEY COLONIAL DOCUMENTS. [1775 

Friday, November 17, 1775 
The House met 

Present 

John Stevens, Esq. Stephen Skinner, Esq. 

The Chief Justice, Daniel Coxe Esq., 

Richard Stockton, Esq. John Lawrence, Esq. 
Francis Hopkinson, Esq. 

The House continued till to-morrow. 

Saturday November 18, 1775 
The House met. 

Present as before 
The House continued till ^Tonday next. 

Monday, November 20, 1775 
The House met 

Present as before 
The House continued till tomorrow 

Tuesday, November 21, 1775 
The House met 

Present as before 
The House continued till to-morrow 



Wednesday, November 22, 1775 
The House met 

Present 

John Stevens, Esq. Stephen Skinner, Esq. 

The Chief Justice Daniel Coxe, Esq. 

Richard Stockton, Esq. John Lawrence, Esq. 
Francis Hopkinson, Esq. 



1775] JOURNAL OF THE PROVINCIAL COUNCIL. 569 

The House having taken into consideration the importance 
of several matters that will be likely to require their attention 
at this session, and being desirous to have the assistance of 
Every member who is not withheld from attendance by sick- 
ness or other unavoidable cause : 

Ordered, That the Clerk of the House do forthwith dis- 
patch a Letter to the Hon. James Parker, Esq., requiring his 
attendance. 

The House having taken into consideration his Excellency's 
Speech at the opening of the session, 

Resolved, That an humble Address be presented to his 
Excellency in answer to the said Speech. 

Ordered, That the Chief Justice and Mr. Hopkinson be a 
Committee to draw the said Address. 

The House continued till to-morrow. 



Thursday, November 23, 1775 
The House met 

Present 

John Stevens, Esq. Stephen Skinner Esq. 

The Chief Justice Daniel Coxe Esq. 

Richard Stockton, Esq. John Lawrence, Esq. 

Francis Hopkinson, Esq. 

The House continued till to-morrow. 

Friday November 24, 1775 
The House met. 

Present 

John Stevens, Esq. Stephen Skinner, Esq. 

The Chief Justice Daniel Coxe, Esq. 

Richard Stockton, Esq. John Lawrence, Esq. 
Francis Hopkinson, Esq. 

Mr. Dey and Mr. Garritse, from the House of Assembly, 
presented for the Concurrence of this House a Bill entitled 



570 NEW JERSEY COLONIAL DOCUMENTS. [1775- 

"A supplementary Act to an Act entitled An Act appointing 
Commissioners for finally settling and determining the several 
Rights, Titles and Claims to the common Lands in the 
Township of Bergen, and for making partition thereof, in 
just and equitable proportions, among those who shall be 
adjudged by the said Commissioners to be entitled to the 
same," which was read the first time and ordered to a second 
reading. 

The House continued till four o'clock, P. M. 1 

1 Although the minutes of the House of Assembly during this session of the Legis- 
lature, which commenced November 15th, 1775, have been preserved, no proceedings 
of the Council, beyond November 24th, can be found. Both Houses continued in 
session until December 6th of the same year. 

The following bills were passed and assent thereto given by the Governor : 

1. An Act for the Support of Government of His Majesty's Colony of New Jersey, 
to commence the first day of October, one thousand seven hundred and seventy 
five, and to end the first day of October, one thousand seven hundred and seventy 
six ; and to discharge the publick debts, and contingent charges thereof. 

2. A supplementary Act to the Act entitled "An Act for striking One Hundred 
Thousand Pounds, in Bills of Credit, and directing the mode for sinking the same. 

3. An Act for the speedy recovery of Debts, from six Pounds to ten Pounds. 

4. An Act to provide a more effectual remedy against excessive costs in the recovery 
of Debts above ten Pounds, and for other purposes therein mentioned. 

5. An Act to authorize the Board of Justices and Freeholders of the several Coun- 
ties in the Colony of New Jersey to defray the expense of taking Lists of the 
Inhabitants. 

6. An Act to prevent Rams from running at Large at certain seasons of the year. 

7. Au Act to empower Isaac Haines to erect a Dam, Mills, and other Water Works 
on the southernmost branch of the Ancocas Creek in the Township of Evesham in 
the County of Burlington. 

8. An Act to enable the owners and possessors of Meadows and Tide Marsh, lying 
on both sides of the south branch of Pensawken Creek in the Counties of Burlington 
and Gloucester to erect and maintain a Bank, Dam, and other Water Works across 
the said Creek, in order to prevent the tide from overflowing the same. 

His Excellency then, on December 6th, 1775, prorogued the General Assembly till 
Wednesday, the third day of January next, then to meet at Perth Amboy, but it 
never re-assembled ; and thus terminated the Provincial Legislature of New Jersey. 



INDEX. 



Ackerman : Abraham Jacobus, 187. 

Acts passed by the General Assembly and 
disallowed by the King, 182-184, 217, 
219, 260-264, 281-283, 370, 371. 

Akely : Jacob. 86, 87. 

Alexander: William (Lord Stirling), In 
Council, 13, 20, 22, 24, 63-74, 76, 77, 83, 
85. 86, 105, 106, 160, 170, 175, 185, 186, 188, 
189, 191, 193-195, 198, 199, 201, 203, 204, 
206, 209, 210, 212, 216, 290, 292-295, 297, 
301, 303, 310-312, 314, 316, 317, 319, 324, 
327, 329, 331, 334, 336, 339, 310, 343, 345, 
346, 348, 357, 359, 360, 362, 363, 373-376, 
403, 404, 406-408, 412-414, 418, 420, 423, 
425, 427-430, 483, 486, 490, 501, 503, 505, 
506, 508, 510, 512, 513, 524, 526, 530. 
Messenger, 83, 207, 334. Of a commit- 
mittee, 87. 204, 301, 341, 348, 354, 364, 
430, 431. Opinion of as to the Gov- 
ernor's authority to execute the office 
of Chancellor, 167-169. Difficulty of 
with Col. Samuel Ogden, 367, 368, 511- 
518, 522, 523. An absent member of 
Council, 448. His difficulty with 
James Murdock, 506-508. 



Allen : John, 343. 

Allinson: Samuel, 395, 482. 

Allison : Robert, 294. 

Ahvard : Henry, 293. 

Alwood: Henry, 23. 

Anderson : John, 513, 526. 

Anderson : Thomas, 284. 

Annis : William, 188. 

Ashfield : Lewis Morris, 185. 

Assembly: House of, Message of Gov- 
ernor to, 32, 339. Speeches of Gov- 
ernor to, 37-40, 192, 217, 298-300, 396- 
398, 422, 477, 479-182, 510-552, 565-567. 
Addresses of, to the Governor, 42-44, 
200, 219, 306-308, 421, 422, 487, 558-562 
Proclamation of the Governor for the 
dissolution of. in order to choose Rep- 
resentatives for the counties of Mor- 
ris, Cumberland and Sussex, &c., 279. 

Atkinson : Thomas, 238. 

Axford : John, 525. 

Ayars : Benjamin, 321, 323, 331, 352, 371. 

Ayars : Jonathan. 267. 

Ayres : Nathaniel, 293. 



Bainbridge : Absalom, 178. 

Baldwin : Samuel, 23. 

Baptist Congregation in Hopewell, char- 
ter for, 13, *5. 
Barber : John, 23. 

Bard : Samuel, 13. 
. Barnet : Oliver, 293. 

Barnet : William, Messenger. 524. 

Barrack Masters : Accounts of, 93, 195. 

Barracks : To be repaired and furnished, 
292. 

Barron : Samuel. 380. 

Barton: Joseph, 298. 

Bassett : Elisha, 187. 

Bassett : John. 266. 

Baxter : David. 334. 338. 

Bayard : William, In relation to the Se- 
caucus patent, 40. 

Benson : John, 187. 

Bergen County : -Petitions of inhabitants 
relative to the precincts of New Bar- 
badoes and Hackensack, 526. 527. 

Berrien : John, 37, 66, 73, 86, 92, 93, 97, 100, 
186, 203, 204, 208, 209, 214, 220, 284. 

Berry : Thomas, 373. 

Bills and Acts: To prohibit the setting 
nets, seines and other devices in the 
river Raritan and South river, &c., 



42, 45, 48, 69. For laying a duty on 
the purchase of slaves imported into 
this Colony. 48-51, 53. 56. 69. To 
amend an act appointing Commis- 
sioners for finally settling and deter- 
mining the several rights, titles and 
claims to the common lands of the 
township of Bergen, &c., 50, 52, 63, 
65, 67, 69, 182, To enable the owners 
and possessors of the meadows and 
marshes bounding on the Delaware 
river between the lands of John Me- 
con and Allen Cougleton, &c., 54, 55, 
69. To enable sundry of the owners 
and possessors of meadows or tide 
marsh lying on Newton creek to erect 
and maintain a bank, dam and other 
water works, &c., 54, 55. 69. For the 
support of Government of His Ma- 
jesty's Colony of New Jersey, 66, 68, 
69 (2d Bill), 203, 205. 206, 214 (3d Bill), 
244-246, 255 (4th Bill). 334, 337, 349 (5th 
Bill), 470, 471, 473 (6th Bill), 505, 506, 
509 (7th Bill), 570. To erect courts in 
the several counties in this Colony 
for the trial of causes of ten pounds 
and under. 69, 83-85, 89, 103, 217, 263, 
264 For the encouragement of mak- 



INDEX. 



ing iron at the works in the township 
of Evesham and Northampton, in the 
county of Burlington, 70, 71 ; title of 
act amended, 74, 104. To constitute 
and make Great Timber creek, in 
Gloucester county, a lawful fence 
from the mouth thereof to the fork of 
the same, &c., 72, 104. To rebuild and 
maintain the bridge over Crosswicks 
creek, &c., 73, 76. For preserving of 
oysters in the Colony of New Jersey, 
73, 75, 104 (2d Bill), 403-405, 474 (3d 
Bill), 501-503, 509. For the recovering 
of damages for trespasses done by 
swine, 73, 75, 104. For maintaining 
the banks and sluices and draining 
the meadows on Mannington creek 
in the county of Salem, and re- 
pealing an act to enable the owners 
of the meadows and marshes on 
both sides of Mannington creek 
to stop out the tide, &c., 73, 76, 105. 
To enable Rev. Colin Campbell, 
rector of Saint Mary's Church in 
Burlington, with the church wardens, 
<fcc., to sell two hundred acres of land 
in Somerset county, &c., 75-77, 82, 85, 

91, 93, 103. For the relief of Isaac 
Bonnell, Esq., High Sheriff of Mid- 
dlesex, with respect to escapes, 77, 83, 
105. For the more effectual discovery 
and punishment of the crime of horse 
stealing, 84, 86, 89, 91, 103 To main- 
tain and repair the public roads in 
the township of Hanover, Morris 
county, by a tax on the inhabitants 
for the same, 85-87, 104. To naturalize 
Christopher Bishop, John Lame, Peter 
Lame and others, 86-88, 105. To 
settle the quotas of the several coun- 
ties of this Colony for the levying of 
taxes, 88-90, 103, (2d Bill), 206, 207, 
209-211, 215. For the more effec- 
tual preservation of deer in this Col- 
ony, 88, 90, 92, 103. To impower the 
inhabitants of the townships of 
Bridgewater and Bedminster in Som- 
erset county to repair.their highways 
by hire, &c., 89. 92, (2d Bill), 424-426, 
476. For the relief of insolvent debt- 
ors, 90-92, 102, 217, 2L8, 264. For strik- 
ing 100,000 in bills of credit, 92, 94, 
103, 184, 389. To vacate certain lands 
in the county of Middlesex, late of 
Thomas Leonard, Jr., deceased, &c., 

92, 94, 96, 104. To prescribe the mode 
of security to be given by the Treas- 
urers ot this Colony, 93, 95, 100, 389. 
For the more speedy recovery of 
debts above ten pounds, and under 
fifty pounds, 93, 96. 97, 100, 101. For 
the regulation of ferriages to be taken 
at the several ferries, &c., 94, 98, 100, 
104. For repairing highways in the 
South ward of Perth Amboy, by tax, 
&c., 92. For explaining and amend- 
ing an act for enabling the owners of 
meadows and marshes, &c.. that sur- 
round the Island of Burlington to 
stop out the tide. &c., 94-96, 104. 
Appointing Commissioners for sup- 
plying the several barracks, &c., with 
furniture, &c., for the King's troops, 
&c., 101-103. To indemnify the Treas- 
urers of this Colony for advancing 
certain sums of money to the agents 



appointed by law to manage the con- 
troversy touching the settlement be- 
tween New Jersey and New York, 
102, 104. For better settling and regu- 
lating the militia of this Colony, 170. 
For preventing dangerous tumults 
and riotous assemblies, for repelling 
invasions, &c., 170. To revive and 
continue the process and proceedings 
lately depending in the courts of 
Monmouth county, 170. To provide 
more effectual remedy against exces- 
sive costs in the recovery of debts 
under fifty pounds, &c., 170. For de- 
fraying incidental charges, 170. To 
explain and amend an act for the 
relief of insolvent debtors, &c., 170. 
To revive an act to prevent waste 
from being committed upon the com- 
mon land allotted to the patent of 
Secaucus, in corporation of Bergen, 
170. To enable owners, &c., of 
meadows, &c., in Lower Penn's Neck, 
in Salem county, to stop out the tide, 
&c., 170. To enable persons who are 
His Majesty's liege subjects, either by 
birth or naturalization, to inherit and 
hold real estate, &c., 196, 202, 203, 215, 
282 (2d Bill), 330, 831, 334, 335, 350, 369, 
371. For preventing frauds by mort- 
gages executed after January 1st, 1766, 
196, 199, 201, 215. To regulate the pas- 
turing of lands, meadows, &c., lying 
on and adjoining Barnegat beach, 
197, 202, 215. To prevent swine run- 
ning at large in the town of Haddon- 
field, Gloucester county, 197, 199, 201, 
215. To vacate a certain bond or obli- 
gation given and executed by Samuel 
Rogers, &c., to Richard Stevens and 
Robert Lawrence, 198. For better en- 
abling creditors to recover their just 
debts from persons who abscond them- 
selves, 201, 205, 210, 211, 215, 282. To 
naturalize Frederick Outgelt.Leonard 
Nymaster, Peter Lupp, John Bowers, 
Lawrence Eykienier, George Obert, 
Peter Obert and John Irich, 201, 205, 
215. To raise a fund for defraying 
damages done by dogs in the counties 
of Somerset, Hunterdon, Burlington 
and Gloucester, 203, 205, 206, 215. 
For the equitable clearing out, * 
amending and repairing the public 
roads, &c., in the counties of" 
Hunterdon, &c , 206, 207. For the 
relief of Thomas Tindall and James 
Clark, the younger, 210. 212 (2d Bill). 
244, 246, 247, 257. Subjecting real 
estates to the payment of debts, and 
directing the Sheriff in his proceed- 
ings thereon, 211, 213. For making a 
farther provision of 500 for furnish- 
ing troops stationed in this Colony 
with necessaries, &c., 211, 213-215. 
For establishing a boundary line be- 
tween the Colonies of New York and 
New Jersey, &c., 212-215. To repeal 
an act for the relief of insolvent 
debtors, 218, 222. For the regulation 
of rates, &c., at the ferries on the 
Raritan river within the corporation 
of Perth Amboy, 221, 222, 226, 256. 
To impower the inhabitants of the 
township of Deptford, in county of 
Gloucester, to repair their highways 



IKDEX. 



by hire, and raise money for that 
purpose, 222, 225, 227, 256. To con- 
tinue and amend an act for better 
settling and regulating the militia, 
226, 228, 229, 255. To enable creditors 
to recover their debts from joint part- 
ners, 226, 228, 229, 256. For prevent- 
ing the waste of timber, &c., 228, 256. 
For the preservation of deer and 
other game, and to prevent trespass- 
ing with guns, 228-230, 256 To en- 
able owners and possessors of mea- 
dows on the southerly branch of 
Newton creek, &c., to maintain a 
bank, dam, &c., 231, 232, 234, 257. 
To revive and continue two acts 
therein mentioned, 232, 233, 236, 239, 
256. For the relief of John Budd, of 
Salem, 233, 235, 236, 238, 239, 257. To 
enable owners and possessors of 
meadows, &c., on English creek to 
erect a bank, dam, &c.,233, 238, 240, 
257 (2d Bill), 312, 313, 315, 351 (3d Bill), 
415, 416, 424, 476. For the relief of 
insolvent debtors, 234, 238, 245, 246, 
248, 249, 251, 256, 504-506, 510. Declar- 
ing the river Delaware a common 
highway, and for improving navi- 
gation thereof, 234, 239, 242, 256. 
To extend the jurisdiction of the sev- 
eral counties which are divided by 
rivers, creeks and bays, 234, 237, 242, 
256. Supplementary to an act to ena- 
ble the owners of meadows belonging 
to the town of Salem to keep out the 
tide, 237, 240, 257. For appointing 
commissioners to view the ground 
and report to the next session of the 
Legislature as to the practicability of 
laying out straight roads through cer- 
tain parts of New Jersey, &c., 237, 238. 
To enable owners and possessors of 
meadows, &c., on Assiscunk creek, 
&c., to stop out the tide, &c., 239 (2d 
Bill), 311, 313, 322. 323, 327, 351.-To 
impower and require the Justices and 
Freeholders of Hunterdon and Sussex 
counties to raise 50 on each county 
for erecting a bridge across Musconet- 
cong creek, &C., 239, 241-243, 245-247, 
256. For more effectual maintaining 
above the flow of the tide the high- 
way between the toll bridge on New- 
ton creek and land of Kesiah Tonkin, 
242, 243, 247, 257. To impower certain 
persons to raise a sum of money to 
rebuild and keep in repair the bridge 
over Raritan river known as Queen's 
bridge, 243, 244, 247, 257 (2d Bill), 328, 
330, 833, 351. To rebuild and here- 
after repair and amend the bridge 
over Stony brook, near Worth's mills, 
244, 246, 247, 256. To enforce the pay- 
ment of several old arrears due to the 
treasury of New Jersey, 246, 248, 250, 
255. To grant further allowance to 
the Sheriffs of the Colony for the sub- 
sistence of prisoners, 248, 250, 251, 256. 
To enable the proprietors, &c., of 
meadows on Pinch ditch, Black brook 
and part of Whipanany river, &c., to 
clear, deepen and dig ditches for 
draining, &c., 250, 251. 257. For the 
speedy recovering of debts from six 
to ten pounds, &c., for small fees, 251, 
254, 255 (2d Bill), 343, 346, 347, 350. 



For defraying incidental charges, 252, 
255. To enable the owners and pos- 
sessors of meadows, &c., on a branch 
of Alloways creek to keep up banks, 
dams, &c , 303, 310, 324, 351 To pro- 
hibit the importation f persons into 
this Colony who have been guilty of 
crimes, 310, 313, 316, 317. 326. To pre- 
vent the exportation of unmerchant- 
able flour, 310, 313, 322, 325, 350. 
For inspecting and culling staves, 
&c., 339, 345, 350. For regulating 
roads and bridges, 339. For estab- 
lishing the boundary or partition line 
between the Colonies of New York 
and New Jersey, 344, 345, 348, 350. 
For defraying incidental charges, 346- 
349. To naturalize Lucas Van Bever- 
houdt, 400, 403. To enable the own- 
ers, &c., of marsh and swamp in 
Upper Penn's Neck, in county of 
Salem, to erect and maintain a bank, 
dam,.&c., 403-405, 475. To enable 
sundry owners, &c., of meadows, &c., 
lying on Mason's creek, in county of 
Burlington, to erect and maintain a 
bank, dam, &c., 403, 405, 475. For the 
better regulation of juries, 404, 406, 
427, 440. For lowering the interest of 
money to six per cent, in this Colony, 
401, 428, 429, 474, 535, 536. For the re- 
lief of Abner Hetfleld, an insolvent 
debtor, 405, 406, 477, 535, 536. To re- 
pair and amend the public roads and 
streets in the Northern ward of the 
City of Amboy, &c., 408, 417, 475. To 
naturalize Jacob Chestnutwood, 412, 
416. To suspend the prosecution of 
the County Collector of Cape May for 
a limited time, &c., 412, 414, 475. For 
erecting a dam, mills, &c., on Nacut 
creek, in the county of Gloucester,. 
&c., 412, 413, 416-418, 475 To enable 
the owners of the meadows and 
marsh adjoining Repaupo creek, in 
the county of Gloucester, to erect, &c., 
a dam, bank, &c., 413-115, 476. For 
regulating fences, 415. 416, 418-420, 
474. For the more effectually sup- 
pressing vice and immorality, 423, 
429, 462. To enable the owners and 
possessors of marshes, meadows, &c., 
bounding on the southwest side of 
Raccoon creek, &c., to stop out the 
tide, &c , 423, 425, 476. For rebuild- 
ing, repairing, &c., the draw-bridge 
over Crosswicks creek, in county of 
Burlington, &c., 423-425, 476. To post- 
pone the payment of the provincial 
taxes, &c., for one month, <fcc., 424-426, 
474. For the more effectual discov- 
ery and punishment of the crime of 
horse stealing, 429, 430, 461, 474. 
For the settlement and relief of the 
poor, 432, 434, 436, 454-456, 460, 473. 
To enable sundry persons and pos- 
sessors of lands and meadows lying 
upon the Wallkill, &c., 432, 436, 437, 
440, 442, 476. To impower the inhab- 
itants of Elsinborough and Pittsgrove, 
&c., to repair their public highways 
by hire, &c., 433, 434, 436, 443, 476 
To alter the time of holding the 
annual town meetings in this Colony, 
433, 434, 436, 439. For regulating roads- 
and bridges, 435, 436, 447, 448-4bl, 456, 



.574 



INDEX. 



473 To regulate the packing of beef 
and pork and to ascertain the size of 
casks, 435, 436, 442. 443. 474.-More 
effectually to punish the counter- 
feiters of foreign gold and silver coin, 
&C 439, 441, 443, 445. 455, 457, 474,-To 
prevent dogs from killing sheep with- 
in the township of Deptford, in county 
of Gloucester, 440, 452. 468. More 
effectually to prevent the malicious 
killing, maiming, &c., of horses, 
sheep, or horned cattle, 442, 441-446, 
451-453. More effectually to prevent 
the erecting of lotteries and selling 
of lottery tickets. 445, 451-453, 458, 
464. 474. More effectually to prevent 
horse racing, cock fighting, shooting 
matches and gambling, 448, 456, 457. 
For erecting a convenient jail in the 
county of Cape May and rebuilding 
court-house, &C..450, 451, 456, 475 To 
relieve Sarah Ely, Isaac De Cow, David 
Brearley, Jr.. with respect to the loss 
of two title deeds by fire, 453, 458-460, 
477._To enable the owners of low- 
lands. &c.. on both sides of Asun- 
piiik brook, to remove obstructions, 
&C.. 453, 455, 459, 464, 475. For the 
more speedy recovery of legacies, &c , 
456, 460, 461, 474 To oblige the Treas- 
urers of the Colony of New Jersey to 
give security, &c., 457. 460, 462-469, 
472, 474. More effectually to prevent 
gaming and other vices, &c., 460, 463. 
To authorize the present Treasurer 
of the Eastern Division to bring an 
action against the late Treasurer for 
money said to be stolen from the 
treasury. 462-467, 469, 474. For strik- 
ing 100,000 in bills of credit, &c., 
471. 474, 535, 536 (2d Bill), 570 For 
defraying incidental charges, 472, 
473. To enable the owners of the 
meadows and swamps lying on Ram- 
boe's run, in county of Gloucester, to 
keep the dam, bank, &c., 486, 490, 
499, 509. To erect and establish 
courts, &c., for the trial of small 
causes, and to repeal the former act 
for that purpose, 487, 490-493, 500, 509. 
To naturalize John George Felt- 
hauzen, 311, 312, 314, 352, 371. To 
enable the owners of the meadows. 
&c., on the river Passaic and Dead 
river, to clear the same from obstruc- 
tion, &c., 311, 312, 317, 318, 325. (2d 
Bill), 337, 338, 347, 349, 350. To sup- 
press fairs in the city of Burlington. 
312, 313, 315, 329, 337. To regulate the 
fishery within that part of the Eastern 
Division of this Colony from the 
mouth of the Raritan river north- 
ward, 312, 313, 315. To preserve the 
right of private fishing. &c., 316, 324, 
326, 329. To prevent the holding of 
fairs in the Province of New Jersey, 
316, 329. For the relief of Richard 
Stevens, imprisoned, 817, 318, 323, 352. 
For the relief ot Benjamin Ayars, 
now in jail, 321, 323, 331. 352, 371. To 
prevent abuse in packing beef and 
pork, &c., 322, 323. 332, 337, 350. To 
take the examination of a departing 
witness, 325, 326, 330. For making 
process in courts of equity more effec- 
tual against mortgagors, &c., 325, 327, 



336, 350. To regulate the practice of 
physic and surgery, 325-327. 333, 334, 
315* 316, 349, 350. For returning able 
and sufficient jurors, and for the 
better regulation of juries. 330, 333. 
For raising the sum of 1^0 procla- 
mation money on the inhabitants of 
Middlesex and Somerset counties, 330, 
332, 351. To prevent the holding of 
fairs in Burlington, Princeton and 
township of Windsor, 330, 331, 333, 
351. For the better preservation of 
deer in township of Morris, 330, 332, 
335, 352. To enable certain persons to 
erect and draw a lottery for raising 
1 050 for purposes therein mentioned, 
331, 335, 337. 352 To dissolve the 
marriage of David Baxter, &c , 334, 
835, 338, 371. To enable the owners 
of a tract of marsh at Elsinbor- 
ough to maintain a bank for 
draining, &c , 338, 344, 851. To 
regulate the taking fish in the 
river Delaware above the falls at 
Trenton, 491, 493. To assess the town- 
ship of Amwell in order to reimburse 
Joseph Moore for repairing a bridge, 
&c , 491-493. 509. For raising the 
sum of 357, ,14, ,11 on the inhabi- 
tants of Somerset county for repaying 
certain persons for rebuilding Queens 
bridge, 500, 501, 509. For raising the 
sum of 122 ,, 14 ,. 3 on the inhabitants 
of Middlesex and Somerset for repay- 
ing managers of Landing bridge, &c., 
500-502, 509 To confirm and estab- 
lish a road from Bergen Point up 
Newark bay, and thence to Paulus 
Hook, &c., 502-594, 509. Appointing 
Commissioners for finally settling 
and determining the several rights, 
titles and claims to the common 
lands in the township of Bergen, 570. 
For the speedy recovery of debts from 
six to ten pounds. 570. To provide a 
more effectual remedy against exces- 
sive costs in the recovery of debts 
above ten pounds, &c., 570. To 
authorize the Board of Justices, &c., 
in the several counties to defray the 
expense of taking lists of the inhabi- 
tants, 570. To prevent rams from run- 
ning at large, &c., 570. To impower 
Isaac Haines to erect a dam, &c , on 
the southernmost branch of the An co- 
cas creek, &c., 570 To enable the 
owners and possessors of meadows, 
&c , on both sides of the south branch 
of Pensawken creek to erect and 
maintain a bank, dam, &c., 570. 

Bills of Credit : Canceled, 45, 50, 204, 207, 
220-222, 302, 319, 407, 408, 409, 483, 484, 
493 494. An act for striking 100,000 
in, 92, 94, 103, 184, 389. A number of, 
found among papers of Robert Hude, 
dated March, 1737, 340, 341, 313, 344. 
Directed to be sunk, 434-438. 

Bishop : Christopher, 86, 87, 105. 

Blackwood : Samuel, 275. 

Bogart : Jacob, 525. 

Bohii : John, 86, 88. 

Bond : Elijah, 356, 357, 359, 360. 

Boundary between New Jersey and New 
York, 3, 9-11, 14-19, 21, 86, 87, 178, 179. 

Bouslby : Richard, 294. 

Bowen : David, 271. 



INDEX. 



575 



Bowers : John, 201. 205, 215. 
Bowlby : See Bouslby 
Brearly : David, 453, 458-460, 477. 
Brick : Joshua, 354. 
Broderick : Anthony, 533. 
Brookfield : Jacob, 525. 
Brown : Abia, 294. 
Brown : George, 275. 
Brown : Peter, 86, 88. 
Brown : Thomas, 187, 



Bryant : William, 23. 

Budd : Bern, 357, 358, 361, 369, 516. 

Budd : John, 220, 233, 235, 236, 258, 239, 257. 

Budd : Thomas, 361. 

Bullock : Joseph, 37, 56, 73, 92, 96, 195, 198, 

221, 229. 
Burlington County: Petition in relation 

to the time of holding the courts, 12. 
Burlington : St. Mary's Church at, 74. 



C. 



Carey : John, 380. 

Carl : Uriah, 171. 

Carle: John, 384, 385, 516. 

Carty: John, 26. 

Census of the inhabitants of New Jersey, 
284, 287. 

Chamberlain : Lewis, 171, 176. 

Chambers : Abraham, 373. 

Chancellor : Respecting the authority of 
the Governor to execute the office of, 
25. Opinions in regard thereto of the 
committees appointed to consider the 
same, 108-169. Instructions of the 
King in regard to the various courts, 
154, 158-160. 

Chancery : Court of, 25. Ordinances and 
proceedings under various Governors 
in relation thereto, 155-158. Ordi- 
nance for the better establishing of, 
169. Proclamation for appointing 
four terms yearly in, 289. 

Cheever : Jonathan, 516. 

Chestnutwood : Jacob, 412, 416. 

Church : Dutch Reformed, 520, 521. 

Church of England in America : Charter 
for, 2. 

Clarke : Benjamin, 1. 

Clarke: Charles, 1. 

Clark, Jr. : James, 210, 212, 244, 246, 247, 257. 

Clark : Thomas, 275. 

Clinton: James, 10. 

Cochran : Doctor John, 293, 524. 

Cockran : Richard, 23, 275, 373. 

Combs: John, 172, 298, 403, 408, 415, 433, 
435, 439, 453, 464, 467-469, 472, 483, 500, 
504. 

ook : Henry, 178. 

Cooper : Benjamin, 357, 358, 361, 369, 516. 

Cooper : Daniel, 516. 

Coroners : Appointment of, 27, 28, 30, 31. 

Cortwright : Henry William, 373. 

Corwine: John, 176. 

Cosman : Job, 86, 88. 

Cougle : Andrew, 86, 88. 

Council: Appoint a committee to con- 
sider what authority the Governor 
may have to act as Chancellor, 25. 



Addresses of, to the Governor, 46, 304, 
305. Complained against for not ris- 
ing on receiving messages from the 
Assembly, 97. Reply of, to the same, 
99. Reports of the committee ap- 
pointed to consider what authority 
the Governor may have to act as 
Chancellor, 108-169. Advise that the 
Governor be appointed Chancellor 
by ordinance, and that an ordinance 
be prepared for the better establish- 
ing the High Court of Chancery, 169. 

Counterfeiters : Petition in behalf of, 357- 
359, 861, 362. Referred to, 420, 421. 

Courts : Acts to erect in the several coun- 
ties, 69, 83-85, 89, 103, 217, 263, 264. 

Cox : John, 525. 

Coxe : Charles, 23. 

Coxe : Daniel, In Council, 216, 218, 220, 
222, 226, 228, 230, 231, 233-236, 238, 240, 
242, 244, 245, 249, 250, 253, 264-271, 275, 
288, 290, 292-295, 300, 301, 303, 310-312, 
314. 316, 317, 319, 324, 327, 329, 331, 334, 
336, 339, 340, 342, 343, 345, 346, 348, 357, 
359, 362, 363, 366, 367, 372, 374-376, 379, 
380, 386-389, 393, 395, 396, 399, 400, 401, 
403, 404, 406-408, 412-414, 416, 418, 420, 
423, 425, 427-430, 432-435, 437, 441,442, 
444, 447, 448, 450, 452-454, 457, 458, 461, 
463, 466, 468-472, 478, 479, 482, 483, 485, 
486, 490-492, 499, 501, 503, 505, 506, 508, 
510-513, 515, 518, 519, 522, 524, 526, 530, 
531, 534, 535, 537, 539, 540, 558, 564, 565, 
568, 569. Of a committee, 221, 230, 302, 
328, 341, 401, 402, 407, 418, 428, 430, 431, 
435, 437, 438, 438, 445, 446, 449, 452, 454, 
460, 462-465, 469, 482, 484, 489, 502, 513. 
Messenger, 226, 238, 329, 335, 419, 420, 
451, 486, 504, 506. Mandamus, admit- 
ting him to the Council, 259. Petition 
of, 356, 359. 

Crane: Stephen, 37, 86, 100, 101, 107, 186, 
200, 219, 298, 334, 339, 341, 349, 402, 435, 
470, 482, 502, 505. 

Crawford: John, 26fi. 

Cripps : Wbitten, 365. 



D. 



Daniels : William, 107. 

Darby : John, 516. 

Davenport : Josiah Franklin, 352, 354. 

Dayton : Jonathan, Jr., 23. 

Deare : Jonathan, 340, 341, 482. 

Debon : Isaac, 343. 

De Cow : Isaac, 453, 458-460, 477. 

De Hart : William, 516. 

Delaware river : Weirs, pounds, &c., in, 25. 

Demarest : James, 363. 

Demarest : John, 37, 50, 66, 92, 195,204, 211, 

228, 229, 298, 349, 363, 402, 432, 435, 439, 

553. 



Dennis : Anthony, 10. 

De Noyelles : John, 179. 

Dey : Theunis. 37, 50, 89, 196, 203, 204, 212, 
214, 221. 226, 298, 302, 331, 337, 402, 446, 
469, 470, 473, 491, 500, 553, 569. 

Dodd : David, 171, 172. 

Dodd : John, 171, 172. 

Delias : William, 294. 

Drummond : Andrew, & Company, of Lon- 
don, On account of moneys granted 
by Parliament to the Colonies, 57. 

Dunham, Azariah, 298, 302, 553. 



576 



INDEX. 

E. 



Eckley : Thomas, 525. 

Eldridge : Eli, 298, 401, 408, 450, 482, 483, 510. 

Elmer : Daniel, 294. 

Elmer: Theophilus, 271, 298, 322, 403, 412, 

415, 423, 424, 433, 452, 471, 489, 491-493, 

564. 



Ely: John, 453, 460, 464. 

Ely : Sarah, 453, 458-460, 477. 

Erskine : Robert, 293. 

Ewing : Maskell, 386. 

Eykienier: Lawrence, 201, 205, 215. 



F. 



Faish : John Jacob, 293. 

Falman : Peter, 374. 

Farnsworth : Robert, 266. 

Fulkemer: John Martin, 87, 87. 

Felthauzen: John George, 311, 312, 314, 
352, 371. 

Field: Robert, 373. 

Fisher : Hendrick, 24, 37, 42, 45, 54, 66, 85, 
86, 88, 93 97, 98, 100, 186, 204, 211, 213, 
214, 220, 298, 302, 311, 320, 321, 328, 330, 
334, 339-341, 344, 349, 401, 404, 435, 452, 
457, 468, 470, 482, 489, 501, 504, 505, 510. 

Fithian : Samuel, 267. 

Ford : Grace, 516. 

Ford, Jr. : Col. Jacob, 374, 384, 385. 

Ford : Jacob, 298, 316, 325, 330, 334, 337, 
349, 400, 420, 444, 470, 505, 531, 532. 

Ford : Samuel, 361, 362, 379, 380, 385, 522, 
525, 526. 

Forman : Ezekiel, 270. 

Forman : Peter, 374. 

Foster: Ebenezer, 180, 373. 



Fox : John, 171, 176. 

Franklin : Benjamin, Appointed agent 
for transacting the affairs of the 
Colony in Great Britain, 235, 271. 

Franklin : William, In Council, 1-3, 5-7, 

9, 11-18, 20, 24, 26, 27, 29, 32, 105, 106. 
160, 170. 175-177, 180-183, 185, 186, 188, 
189, 258, 264-271, 275, 281, 285, 288, 290, 
292-295, 352, 354, 356, 357, 359-363, 366, 
867, 372-376, 379-381, 384, 386-389, 393, 
511-513, 515, 518, 519, 522, 524, 526, 530, 
531, 533-535, 537. Proclamation of, 4, 

10, 11, 34-36, 107, 178, 179, 263, 279, 286, 
289, 290, 370, 535-537. Message to the- 
Assembly, 32, 339. Speech to the 
General Assemby, 87-40, 192, 217, 308, 
309, 422, 477, 540-552, 562, 563, 565-567. 
Address of Assembly to, 42-44, 200 r 
219, 306-308, 421, 487, 488, 558-562. Ad- 
dress of Council to, 46, 304, 305. Ap- 
pointed Chancellor by ordinance, 169. 

Freeman : Daniel, 516. 



G. 



Gamble : Burgess, 293. 

Garrison : Henry, see Garritse. 

Garritse: Henry, 298, 310, 331, 341, 446, 452, 

460, 470, 569. 
Gibbons: Grant, 37, 298, 302,310,316,330, 

338, 401, 404, 434, 438, 553. 
Gibbon: Nicholas, 434, 438. 



Gloucester: Town of, Petition from in- 
habitants of, 372, 378, 394. 

Goodwin : William, 512. 

Government : Support of, 66, 68, 69, 203, 
205, 206, 214, 244-246, 255, 334, 337, 849, 
470, 471, 473, 505, 506, 509, 570. 

Graham : Robert, 266. 



H. 



Haight : Joseph, 453, 469. 

Haines: Isaac, 570. 

Haines : Samuel, 516. 

Hancock : William, 434, 438. 

Hand : Elijah, 386. 

Hand : Jonathan, 37, 226, 298, 328, 412, 423, 

447, 450, 460, 469, 472, 489, 491. 
Hand : Josiah, 514. 
Hanna : Rev. John, 369. 
Harris : Ephraim, 294, 386. 
Harris : Isaac, 523. 
Harrison : Charles, 366. 
Hart : John, 37, 45, 85, 93, 101, 195, 203, 210, 

211, 220, 229, 237, 293. 
Hart : Noah, 293. 

Hartf : Johannes Balthazar, 86, 88. 
Hartman : John, 86, 88. 
Hartshorne : John, 172. 
Hartshorne : Robert, 37, 45, 73, 86, 88, 97, 

100, 102, 204, 211, 218, 220, 228, 231, 234. 
Haynes: Samuel, 357, 358, 861, 369. 
Henderson : Michael, 53. 
Herber : Thomas, 276. 
Heulings : William, 874. 
Hew : Samuel, 374. 
Hewlings : Abraham, 37, 45, 56, 85, 88, 93, 



94, 195, 201, 220, 229, 233, 343, 349, 415, 
418, 424, 489, 445, 465, 466, 482. 

Hewlings: Thomas P., 298, 302, 303, 322. 

Hetfield : Abner, 405, 406, 477, 535, 536. 

Hinchman : Jam.es, 33. 

Hinchman : John, 37, 54, 66, 73, 86, 88, 92, 
100, 195, 197, 198, 203, 228, 229, 237, 298, 
302, 303, 326, 372, 402, 412, 440, 450, 452, 
462, 468, 482, 486, 489, 505. 

Kingston : Francis, 378. 

Hoff: Charles, 516. 

Hofses : Johannes; 86, 88. 

Holme: Benjamin, 298, 302, 325, 838, 365, 
403, 429, 433, 440, 452, 466, 486. 

Holmes: Jonathan, 267. 

Holmes : Josiah, 172. 

Hoops : Robert, 380. 

Hopewell : Baptist congregation in, 25. 

Hopkinson : Francis, 380, In Council, 
478, 479, 482, 483, 485, 486, 490-492, 499, 
501, 503, 505, 511-513, 515, 518, 519, 522, 
524, 531, 534, 535, 537, 539, 540, 558, 
564, 565, 568, 569. Messenger, 484, 486, 
500. Of a committee, 553, 569. 

Hough : Daniel, 26. 

Howe : Micajah, 23. 



INDEX. 



577 



Sowell : Daniel, Suspected of being con- 
cerned in a murder in Middlesex 
county, 105-107. 

Hude: James, 340. 341, 343, 380. 

Hude : Robert. 340, 343. 

Hughes: Elijah, 271. 



Hunt : Nathaniel, 293. 
Hunt : Noah. 293. 
Hunt : Ralph, 513. 
Hunt : Samuel, 513. 
Hunt : Stephen, 293. 



I. 



Indians : Six Nations, 38, 39, 43, 46. Peti- 
tion to lease out their lands at Brother- 
ton, 267. 

Irich : John, 201, 205, 215. 



Iron : Act for encouragement of making, 

70, 71, 74, 104. 
Ivins : Isaac, 160, 176. 



Jackson, Jr. : William, 380. 
James : Abel, 537. 
Johnes : Timothy, 516. 
Johnson : Richard, 292. 
Johnson : Robert, 239. 



J. 



Johnson : Samuel, 266. 

Johnston : John L.,29, 37, 42, 45, 72, 77, 85, 

86, 91, 93, 96, 97, 101, 102, 211. 
Juries : Act relating to, 330, 333. 



K. 



Kay : Isaac, 33. 

Kearney, Jr. : Philip, 383, 384. 

Kemble : Peter, In Council, 12, 20, 22, 24, 
41, 42, 45, 47-56, 63-74, 76, 77, 83, 85, 86, 
186, 188, 189, 194-199, 201, 203, 204, 206, 
209, 210, 212, 301, 303, 310-312, 314, 316, 
317, 319, 324, 327, 329, 357, 362, 363, 366, 
367, 372-374, 399, 401, 403, 404, 406-408, 
412-414, 416, 418, 420, 423, 425, 427-129, 
486, 490-492, 499, 501, 503, 505, 506, 508, 
513, 515, 518. 519, 522, 524, 526. Of a 
committee, 354. Absence from Coun- 
cil, 448. 



Kent : David, 294. 

King : Constant, 187. 

King : John, 379. 

Kinney : Thomas, 369, 379, 380, 516. 525. 

Kinsey : James, 278, 311, 317, 325, 327, 330, 

334, 339, 341, 387, 439, 456, 462, 467, 468, 

482, 504. 

Kirevan : Hugh Kirby, 293. 
Kitchell : Abraham, 516. 
Knight: Elizabeth, Proclamation of the 

Governor in regard to the murder of, 

285, 286. Murderer of, apprehended, 

292. 



L. 



Ladd : John, In Council, 5, 12, 20, 24, 26, 
27, 29, 32, 37, 40, 49-53, 56, 63-74, 76, 77, 
83, 85-88, 90, 92, 93, 95, 96, 98, 99, 101, 
102. 105, 106, 160. 170, 175. Of a com- 
mittee, 41, 49, 93, 101. Messenger, 88, 
91, 95, 96, 103. Opinion of, as to the 
Governor's authority to execute the 
office of Chancellor, 163, 164. His de- 
cease, 259. 

Lake : John, 177. 

Lame : John, 86, 87, 105. 

X,ame : Peter, 86, 87, 105. 

Lawrence : John, In Council, 216, 218, 228. 
230, 231, 233-23*, 238, 242, 244, 245, 249, 
250, 253, 267-271, 275, 281, 285, 288, 292, 
301, 303, 310-312, 314, 316, 317, 319, 324, 
352-354, 362, 372-376, 376, 386-389, 393, 
395, 396, 399, 400, 401, 403, 404, 406, 413, 
414, 416, 418, 420, 423, 427-430, 432-435, 
437, 441, 442, 444, 450, 452-454, 457, 458, 
461, 463, 466, 468-472, 478, 479, 482, 483, 
485, 486, 490-492, 499, 511-513, 515, 518, 
519, 522, 524, 533, 534, 535, 539, 540, 558, 



564, 565, 568, 569.-Messenger, 228, 230, 
231, 237, 240, 315, 440. 443, 444, 456, 460, 
467. Of a committee, 232, 234, 322, 323, 
418, 419, 435, 439, 459, 468, 469, 482, 483, 
489, 513, 553. Mandamus admitting 
him to the Council, 259, 260. Given 
leave of absence, 327. 

Lawrence : Richard, 298, 328, 334, 423, 453, 
460, 467, 495-499, 505. 

Lawrence : Robert, 198. 

Learning : Aaron, 37, 49, 58-60, 62, 66, 78- 
82, 8ti, 97, 100, 220, 223, 225. 

Learning : Jonathan, 271. 

Light : Johannes, 520. 

Lishman : Henry, 86. 87. 

Livingston : Walter L, 23, 177. 

Lottery Accounts : 402, 407, 409. 

Ludlow : Cornelius, 385, 516. 

Lundy : Jacob. 

Lundy : Samuel, 294. 

Lupp : Peter, 201, 205, 215. 

Lynn : Alexander, 293. 



M. 



Mackee : Peter, 516. 
Mandeville : Hendrick, 293. 
Martin : Ephraim, 380. 
Marlin : John, 86, 88. 



Marten : Matthew, 86, 87. 
Maskell : Thomas, 386. 
McBride : James, 265. 
McEwen : Alexander, 23. 



37 



578 



INDEX. 



McMurtrie : Margaret. 338. 

McMurtrie : Robert, 188. 

Mecura William, 511. 

Mehelm: John, 298, 817, 325, 328, 339, 341, 
346, 375, 387, 404, 424, 433, 435, 439, 453, 
456, 465, 482, 491, 501, 564. 

Meredith : Samuel, 23. 

Mickle : Isaac, 33. 

Military Affairs: An act for furnishing 
troops stationed in the Colony with 
provisions, 211-213-215. An act for 
settling and regulating the militia, 
226, 228, 229, 255. 

Miller : David, 187. 



Miller: Ebenezer, 37. 97, 100, 203, 220. 

Mlllidge : Thomas, 516. 533. 

Money : See Bills of Credit. 

Monrow : John, 18. 

Montaine: Abraham, 187. 

Moores : John, 298. 302. 336, 338, 452. 

Moore : Joseph, 491-493. 

Moore: Sir Henry, Governor of New 

York, 3. 

Moore : Thomas, 23. 
Morris : Joseph, 385, 516. 
MOMS : Robert, 380. 
Murdock : James, Sends a challenge to 

Lord Stirling, and the result, 506-508. 



N. 



New Jersey Society for the Better Support 
and Education of the Widows and 
Children of Deceased Presbyterian 
Ministers in Communion with the 
Present Established Church of Scot- 
land : Petition for a charter, 269. 
-General rela- 



Report of the Attorney-C 
tive to a charter, 276-278, 



283, 284. 



Newland : Trevor, 177. 

New York : Boundary line, 3, 9-11, 14-19, 

21, 86, 87. 178, 179. 
Nicholson : Samuel, 365, 866. 
Norcross : William. 23. 
Nymaster: Leonard, 201, 205, 215. 



O. 



Oakcson : Samuel, 854. 

Obert : George. 201, 205, 215. 

Obert : Peter, 201, 205, 215. 

Odell : Jonathan, 524. 

Ogden : Abraham, 859. 516. 

Ogden : David, In Council, 6, 13, 20, 22, 
24. 64-66 Wj-74, 76. 77, 88, 85, 86, 177, 
186, 195-199, 201, 203, 216, 218, 220-222, 
226, 258, 264-266, 281, 290, 292-295, 297, 
300, 301, 303, 810-312. 314, 816, 317, 319, 
324, 327, 829, 332, 334, 836, 339, 840, 342, 
343, 345, 346, 348, 353, 356, 357, 359, 362, 
363, 372, 395, 396, 399, 400. 401, 408, 404, 
406-408, 412-414, 416. 418, 420, 478, 479, 
482, 485, 486, 490-492, 499, 501, 503, 505, 
511-613, 524, 534, 535, 587, 539, 540, 558. 
Of a committee, 25, 76, 87, 195, 204, 
308, 354. 363, 364. Messenger, 73, 84, 
407. His stables and outhouses 



burned, 107, 108 Opinion of as to the 
Governor's authority to execute the 
office of Chancellor, 135, 154. Nomi- 
nated to be one of the Justices of the 
Supreme Court, 284. Thanks of the 
Council to, 420. An absent member 
of Council, 448 

Ogden : Gabriel, 497. 

Ogden : John 37, 67, 85, 91, 92, 101, 103, 
187, 188, 267, 497. 

Ogden: Lieut -Col , 859. 

Ogden : Samuel, 172, 294, 866-368, 420, 511- 
518. 

Olden : Joseph, 188. 

Ouke : William, 270. 

Outgelt : Frederick, 201, 205, 215. 

Oxford : Joseph, 378. 

Oysters : Acts for the preservation of, 78, 
76, 104, 403-405, 474, 601-505, 509. 



Parker : James, In Council, 12, 13, 20, 29, 
32, 48, 49-56, 63-72, 98, 99, 101, 102, 105, 
106, 160, 170, 175-177. 185, 186, 188, 189, 
191, 193, 198, 199, 201, 203, 204, 206, 200, 
210, 212, 218, 220-222, 226-228, 280, 281, 
233-236, 238, 240, 242. 244, 245, 250, 253, 
258, 264-271, 290, 292-295, 297, 300, 301, 
80S, 810-312, 314, 816, 317, 819, 324, 327, 
329, 831, 334, 336, 889, 840, 842, 343, 345, 
346, 848, 356, 357, 859-868, 366, 867, 872- 
376, 379-381, 884, 886-389, 899, 400, 401, 
403, 404, 406-408, 412-414, 416, 418, 420, 
427-480, 435, 437, 441, 442, 444, 447, 448, 
450, 452-454, 457, 458, 461, 463, 468-472. 
478, 478, 479, 482, 483, 486, 490-492, 499, 
601, 503, 505, 511-518, 615. 618, 519, 622, 
524, 531, 684, 585, 637, 539. 640. Mes- 
senger. 56, 72, 100. 102, 202, 203, 205, 
206, 229, 233, 236, 239, 317, 336. 842, 346, 
417, 426, 436. 437, 441, 443, 444, 449. 455, 
459, 464, 469, 473, 492, 493, 558.-Of a 
committee, 70, 71, 101, 202, 280, 801, 818, 



832, 832, 335, 414, 415, 440, 452, 458, 484, 
485, 491, 513, 553 Opinion of as to the 
Governor's authority to execute the 
office of Chancellor, 161-163. Inspec- 
tor of boundary line between New 
Jersey and New York, 179 Attend- 
ance at Council required, 569. 

Parvin: Silas. 267-269. 

Paulin : William, 291. 

Paxson : Henry, 87, 49. 54, 88, 93, 97, 100, 
108, 107, 197, 203, 298, 310, 811, 334, 340, 
344, 439, 468. 

Pearson : Mr., 48. 

Petit: Nathaniel, 298, 302, 827, 403, 429f 
435, 441, 445, 455, 472. 

Pettlt : Charles, Deputy Clerk, 36, 105, 179, 
216, 258, 264, 274. 286, 852, 371, 395, 478, 
511, 587, 689, 564. 

Pharo : Amos, 12 

Philips : Samuel, 518. 

Physic and Surgery : Practice of, 818, 325- 
827, 388, 884, 84o, 846, 849, 850. 



INDEX. 



579 



Physicians and Surgeons of the Province 
of New Jersey pray for a charter of 
incorporation, 524. 

Pidgeon : William, 895. 

Piles Grove, in the county of Salem, 18. 

Pinhorue : Mary, 52. 

Pitts Grove in the county of Salem, 18. 

Powell : Howell. 28, 267. 

Presbyterian Clergy in Communion with 
the Church of Scotland, residing in 
New Jersey, petition for a charter, 
269, 276-27S. 283, 284. 

Price : Robert Friend, 87, 45, 67, 72, 90, 92, 
96, 100, 195-197, 204, 206, 220. 221, 229, 
281, 235, 238, 239, 298, 328, 810, 841, 872, 
418, 418, 429, 450, 467, 468. 

Price : Robert, 538. 



Proclamations : In regard to the New 
York riots along the New York boun- 
dary line, 4, 10, 11. In regard to tak- 
ing fish in the river Delaware, 84-86. 
In regard to the burning of David 
Ogdeu's stables and outhouses, 107. 
In relation to the King's disallow- 
ance of two acts of the Legislature, 
268. For dissolving the General As- 
semblv, 279. In regard to the mur- 
der of Elizabeth Knight, 285, 286. 
For appointing four terms to be held 
yearly in the Court of Chancery, 289, 
290. In regard to acts disallowed by 
the King, 870, 535-587. 

Province Lottery, 802. 



Queen's College, 24. 



K. 



Ralph: Francis, 86, 87. 

Ratzer : Captain Bernard, 8. 

Read : Charles, In Council, 1-8, 5-7, 9, 11, 
12, 22, 24, 26, 27, 29, 82, 40, 42, 45, 47-56, 
68-67, 72-74, 76, 77, 83, 85-88, 90, 92, 98, 
95, 98, 99, 101, 102, 105, 106, 160, 170, 177, 
180, 181, 216, 218, 220-222, 226-228, 230. 
231, 238-235, 238, 240, 242, 244, 245, 249, 
250, 268, 358, 264, 267-271, 275, 281, 285, 
288, 293, 294, 295, 312, 814, 816, 817' 819, 
324, 827, 829, 331, 884, 336, 889, 840, 842, 
848, 345. 346, 348, 852, 853, 854.-Of a 
committee, 25, 68, 64, 227, 268, 823. 837, 
340-34-2, 846. Messenger, 48, 49. 66, 87. 
325, 826, 338. Opinion of, as to the Gov- 
ernor's authority to execute the office 
of Chancellor, 180-185. Resigned the 
office of justice of the Supreme Court, 

Read, Jr. : Charles, 854. 



Reading : Joseph, 265. 275. 

Redman : Thomas, 197. 

Reed, Jr. : Joseph, Deputy Secretary, 5, 11. 

Reynolds : David, 857, 361. 

Richardson : Joseph, 861, 369. 

Ried : Augustine, 180. 

Riggs, Jr. : Joseph. 28. 

Riots: Among the settlers along the 

boundary line, 4. 
Risley : Samuel, 38. 
Rob : Christopher, 86. 88. 
Rockhill : John, 265, 266. 
Rogers : Samuel, 198. 
Ross : John, 294. 
Roy : John, 28. 298, 811, 825, 841, 402, 424, 

"482,487,500. 
Rozell : Zachariah, 18. 
Runyon : Reune, 87, 88, 92, 211, 221. 
Rutherford : Walter, 179. 
Ryersou : Martin, 172, 238. 



Sagorighwiyogstha : Name given by the 
Indians to Governor Franklin, mean- 
ing The Great Arbiter, or doer of jus- 
tice. 48. 

Saint Mary's Church at Burlington : See 
Burlington. 

Savage : Joseph, 172. 

Sawrback : George, 86, 87. 

Schools : In the town of Woodbridge, 1, 6. 

Secaucus patent, 40, 52. 

Sergeant-at-Arms and Doorkeeper, 449. 

Seely : Ephraim. 267, 268. 

Sergeant : Jonathan, 23. 

Sharp: Isaac, 87, 54, 434. 488. 

Shepherd : John, 298, 321, 337, 840, 402, 412, 
435, 489, 483, 500. 505. 

Shippen : Joseph. 525. 

Shoemaker: Conrad, 423. 

Shreeve : Israel, 525. 

Skeltou : Joseph, 178, 873. 

Skelton : Thomas, 625. 

.Skinner: Cortland, 29. Attorney-Gen- 
eral, 80, 81, 170, 276-278, 284. 859 
Speaker of House of Assembly, 87. 
44, 186. Messenger, 218. Re-elected 
Speaker, 29S. Signs as Speaker, 308. 
Thanks of Council to. 420. Certificate 
of, relative to the difficulty between 



Earl of Stirling and Samuel Ogdeu, 
622 

Skinner : Stephen, Treasurer, 28, 29, 78-82, 
208, 258, 820, 821, 494-496. Appointed 
a member of the Council, 185. In 
Council, 186, 191, 193-199, 201, 203, 204, 
206, 209, 210, 212, 218, 22C-222, 226-228, 
230, 281, 238-236, 238, 240, 242, 244, 245, 
249, 250, 253, 258, 264-271, 290, 294, 294, 
295, 800, 801, 803, 810-312, 314, 816, 817, 
819, 824, 327, 829, 831, 334, 886, 839. 340, 
342, 843, 345, 846, 848, 856, 357, 859-363, 
866. 867, 872, 378, 876, 886, 889, 403, 404, 
406-408, 412-414, 416, 418, 420, 423, 425, 
427-430, 433-485, 437, 441, 442, 444, 447, 
448, 450, 452-454, 467, 458, 461, 468, 466, 
46S-472, 601, 503, 505, 506, 508, 510, 680, 
583-535, 539, 540, 558, 564, 565, 568, 569. 
Of a committee, 195, 281, 282, 822, 
824, 845, 354. Messenger, 201, 202, 211, 
214, 221, 229, 808, 881-888, 835, 405, 406, 
419, 420, 451. 454, 456. Memorial from, 
881-388. His resignation as Treasurer 
offered and accepted, 883. Proposed 
action against him to recover the 
money stolen from the Treasury, 387- 
889. 

Slim : Peter, 86, 88. 



580 



INDEX. 



Smith : Daniel, 187. 
Smith : Frederick, 86, 87. 
Smith : John, In Council, 1-3, 5-7, 9, 11-13 
20, 22, 24, 26, 27, 29, 32, 37, 40-42, 45, 47- 
56, 63-74, 76, 77, 83, 85-88, 90, 92, 93, 95, 
96, 98, 99, 101, 102, 105, 1C6, 160, 170, 175, 
176, 180, 181. Of a committee, 41, 45, 
101. Messenger, 50, 91, 97, 100. Opin- 
ion of, as to the Governor's authority 
to execute the office of Chancellor, 
165, 166. Decease of, 260. 
Smith : Joseph, 29, 37, 48, 49, 77, 86, 89. 90, 

96, 97, 100, 186, 233, 234, 519, 537, 557. 
Smith : Richard, 446, 587. 
Smith : Samuel, In Council, 1-3-7, 9, 11, 
13, 20, 22, 24, 26, 27, 29, 37, 40-42, 45, 47- 
56, 63-74, 76, 77, 83, 85-88, 90, 92, 93, 95, 
96, 98, 99, 101, 102, 105, 106, 160, 170, 175- 
177, 180, 181, 216, 218, 220-222, 226-228, 
230, 231, 233-236, 238, 240, 242, 244, 245, 
249, 250, 253, 258, 264-271, 275, 285, 288, 
352-354, 362, 863, 366, 367, 372-376, 379- 
381, 384, 386-389, 393, 395, 396, 899, 400, 
401, 403, 404, 466-408, 412-414, 416, 418, 
420, 423, 425, 427-430, 432-435, 437, 441, 
442, 444, 447, 448, 450, 452-454, 457, 458, 
461, 463, 466. 468-472, 534, 535, 537, 539, 
540, 558. Of a committee, 25, 234, 418, 
442, 456 Treasurer, 29, 59-62, 221-224, 
409, 410, 434, 435, 538, 554-557. Messen- 
ger, 45, 90, 98, 449. Opinion of, as to 
the Governor's authority to execute 
the office of Chancellor, 128-130. Re- 
signs office of Treasurer, 519. 
Smith : Waters. 513. 
Smith : William Lovett, 3. 
Smyth : Frederick (Chief Justice), In 
Council, 3, 6, 12, 22, 24, 26, 27, 29, 82, 
41, 52-56, 63-74, 76, 77, 83, 85-88, 90 92, 
93, 95, 96, 98, 99 101, 102, 176, 177, 185, 
186, 188, 189, 193, 199, 201, 203, 204, 206, 
209, 210, 212, 357, 359-363, 366, 367, 372- 
376, 395, 396, 399, 400, 401, 403, 404, 406- 
408, 412-414, 416, 418, 420, 423, 425, 427- 
430, 478, 479, 482, 483, 485, 486, 490-492, 
499, 501, 506, 508, 510, 512, 513, 515, 518 
519, 522, 524, 526, 530, 531, 533, 535, 537! 
Opinion of, as to the Governor's 
authority to execute the office of 
Chancellor. 121-128. Of a committee, 
418, 419, 513, 569. An absent member 
of Council, 448. 

Smyth : John, 388. Appointed Treasurer 
of Eastern Division of New Jersey, 
384. Accounts of, 497-499. Enters 
into a new bond, 504, 519. Letter 
from, to the Assembly, 589, 540. 
Spicer : Samuel, 33. 
Stein : Jacob, 294. 
Stannings : James, 513, 526. 
Stephens : John, 8, 9. 
Stern : Jacob, 24. 

Stevens : John, In Council, 12, 49-56, 63- 
66, 105, 106, 160, 170, 175, 186-189, 196- 
199, 201, 203, 204, 206, 209, 210, 212, 216, 
218, 220-222, 226-228, 230, 231 233-236 



238, 240, 242, 244, 245, 249, 250, 253, 258, 
264-271, 281, 290, 292-295, 297, 300, 301, 
303, 310-312, 314, 316, 317, 319, 324, 327, 
329, 331, 334, 336, 339, 340, 342, 343, 345, 
346, 348, 357, 859, 360, 363, 366, ?67, 372- 
374, 379-381, 384, 386-389, 418, 420, 423, 
425, 427-429, 437, 441, 442, 444, 447, 448, 
450, 452-454, 457, 458, 461, 463, 466, 468- 
472, 483, 485, 486, 490, 501, 503, 505, 506, 
508, 510, 512, 513, 519, 522, 524, 526, 530, 
534, 535. 537, 539, 540, 568, 569.-Of a 
committee. 49, 57-62, 195, 204, 207-209, 
212, 221, 222, 225, 301, 802, 303, 816, 317, 
319-321, 336, 340, 341, 343, 407, 408-411, 
430, 431, 484, 489, 493-499, 513, 553-557. 
Messenger, 213, 337, 338, 342, 348, 349, 
506. Opinion of, as to the Governor's 
authority to execute the office of 
Chancellor, 164, 165. Am Inspector of 
boundary line between New Jersey 
and New York, 179. In regard to a 
duplicate warrant, 266. 

Stevens : Richard, 198, 317, 318, 323, 352, . 
374. 

Stewart : Archibald, 23. 

Stiles : Jonathan, 380. 

Stiles : Richard, 364, 365. 

Stillwell : Nicholas, 37. 

Stites : Hezekiah, 23. 

Stokes : Joseph, 374. 

Stockton : Job. 23. 

Stockton : Philip, 23. 

Stockton : Richard, Appointed a member 
of Council, 5. In Council, 12, 13, 20, 
22, 24, 40, 45, 47-53, 55, 56, 63-66, 68-74, 
76, 77, 83, 85, 86, 90, 92, 93, 95, 96, 105, 
106, 176, 177, 22C-222, 226-228, 230, 231, 
233, 265, 266, 269, 275, 292, 803, 310-312, 
314, 316, 317. 319, 324, 327, 329, 342, 343, 
345, 346, 348, 862, 872-376, 379, 381, 384, 
386-389, 396, 399, 400, 403, 404, 406, 412- 

414, 416, 418, 423, 425, 427-430, 432, 434, 
435, 437, 441, 442, 444, 447, 448, 450, 452- 
454, 457, 458, 461, 463, 466, 468-472, 483, 
485, 486, 490-192, 499, 501, 503, 505, 506, 
508, 512, 515, 518, 519, 522, 524, 526, 531, 
535, 537, 539, 540, 558, 564, 565, 568, 569. 
Of a committee, 25, 41, 49, 75-82, 93, 
97, 221, 302, 315, 326, 342, 407, 417, 427, 
430, 431, 435, 439, 452, 459, 461, 469-484, 
502, 513, 515, 516. Messenger, 45, 50, 
51, 94, 95, 322-325, 845-348, 407, 424, 453, 
462, 465, 472, 473, 503. Opinion of, as 
to the Governor's authority to exe- 
cute the office of Chancellor, 109-120. 
Nominated one of the Justices of 
the Supreme Court, 885. 

Stockton : Robert, 275, 373. 

Stout : Joseph, 266. 

Stout : Samuel, 23. 

Stout : Thomas, 369. 

Stricklin : Henry, 86, 88. 

Suly, Jr. : Ephraim, 386. 

Sykes : Anthony, 298, 311, 326, 386, 402, 413, 

415, 429, 432, 435, 445, 452, 455, 472. 
Syrs : Samuel, 265. 



T. 



Taylor : Edward, 37, 92, 197, 208, 228, 298 
302. 325, 837, 375, 403, 447, 460, 464, 469! 
Taylor : Robert, 293. 
Terrill : Thomas, 172. 
Thibon : Garret. 178. 
Thompson : Mar*, 373. 



Thompson : David, 23. 

Throckmorton : John, 171. 176. 

Throcmorton : Joseph, 888. 

Tindall : Thomas, 210, 212, 244, 246, 247,- 

257. 
Toby: Samuel, 265. 



INDEX. 



581 



Treasurers : Bonds of, 32. Accounts, 45, 
49. 57-62, 77-82, 204, 207-209, 220-225, 
302, 319, 402, 407, 408, 483, 489, 493-496, 
554, 557. Security to be given by, 93, 
93, 100. 

Treasury at Perth Amboy : Robbery of, 8, 
9, 89, 43, 47, 295, 339, 341, 358, 359, 361, 
362, 369, 375, 376, 381-383, 387, 396, 420, 
421, 430, 431, 446, 447, 462-167. 



Trenchard : George, 523, 524. 

Tucker : Samuel, 37, 85, 86, 89, 98, 101, 201, 
206, 210, 213, 229, 234, 238, 239, 298, 802, 
310, 321, 334, 341, 349, 402, 410, 411, 423, 
435, 453, 467, 471, 482, 483, 487, 489, 501, 
553, 554-557. 

Tuthill, Ebenezer, 616. 

Tuthill : Samuel, 367, 368, 516. 



V. 



Van Beverhaudt : Lucas, 400-403. 

Van Boskirk : Jacobus, 187. 

Van Campen : Abraham, 188, 281, 294. 

Van Campen : Isaac, 23. 

Van dike, Jr. : John, 293. 

Vangieson : Rinear, 363. 



Vanhorne: John, 373. 

Van Home : Thomas, 298, 302, 338, 340, 400, 

432, 441, 442. 
Vanlear : George, 33. 
Van Winkle : Walling, 23. 
Verbryck : William, 354. 



W. 



Wake : Baldwin, 394. 
Wake : Drury, 374. 
Walker : Thomas, 275. 
Warrants. 1-3, 7, 22, 21 
177, 180-182, 187, 



, 27, 32, 33, 173-175, 
J, 190, 272-274, 280, 

281, 288, 289, 291-293, 296, 297, 352, 355, 

376-378, 390-394, 528-535. 
Wetherill: John, 37, 45, 86, 186, 214, 298, 

340, 401, 420, 457, 467, 468, 470, 432, 505. 
Wheaton : John, 294. 
Wickham : William, 179. 
Wilkins : Constantine, 423. 
Willets : Micajah, 394. 
Williamson : Matthias, 23. 



Wilmot : Henry. 170. 

Willis : Micajah, 12. 

Winter : Gerhart, 86, 88. 

Winds; William, 298, 302, 328, 334, 346, 403, 
442, 472, 484, 492, 493, 502. 

Winter : Henry, 23. 

Wisler : Thomas, 86, 87. 

Wob : Walter, 86, 88. 

Woodbridge: Free school in, 1, 6. Trin- 
ity Church in, 30. 

Woodruffe : Samuel, 6, 318. 

Woodruff: Thomas, 354, 363-365. 

Wright : William, 341, 431. 



Z. 



Zabrieskie, Jr. : John, 23. 



| Zutphen : Guisbert, 23. 






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