Class -Jj^2l
Book ^.^ _
ARCHIVES
STATE OF NEW JERSEY.
FIRST SERIES.
Vol. X.
This volume was compiled and edited by authority
of the State of New Jersey, at the request of the
New Jersey Historical Society, and under the direc-
tion of the following committee of that Society :
Nathaniel Niles, Ch'n,
Joel Parker,
William Nelson,
Garret D. W. Vroom,
Frederick W. Ricord.
6
71
•3
DOCUMENTS
RELATING TO THE
COLONIAL HISTORY
STATE OF NEW JERSEY.
EDITED BY
FREDERICK W. RICORD AND WM. NELSON.
VOLUME X.
ADMINISTRATION OF GOVERNOR WILLIAM FRANKLIN.
1767-1776.
, ... J. :
DAILY ADVERTISER PRINTING HOUSE.
PRINCIPAL SOURCES
WHENCE THE DOCUMENTS IN THIS VOLUME WERE OBTAINED.
Public Record Office, London, England.
Manuscripts of the Neio Jersey Historical Society.
Manuscripts of William A. Whitehead.
Records in the Office of the Secretary of State at Trenton.
Documents relating to the Colonial History of the State of
New York.
New York Colonial Manuscripts in the State Library at
Albany.
Pennsylvania Colonial Records, and Pennsylvania Archives.
CORRECTIONS AND ADDITIONS.
Page 109.— In note, for '■ factions and seditions, " read "factious and seditious."
Page 131. -In next to last line of note, for " N. J. Archives. VII.. VII..' ' read "N.
J. Archives, VII., VIII."
I 'a. i 369.- In note, for " March 5 " read " March 4."
Paqb 303.- In note. Janes Lawrence studied law 1T94-6, instead of 1784-6.
Page 311.— In note, for " Chancy " read " Chauncy."
Page 342.-The reference in the last line of note is to Hawkes and and Perrv's
;! Notes, appended to the reprint of proceedings of the First Protestant
Episcopal General Conv< ntions in the United States.
13. In note, for " One. Samuel Ford, was appointed." read " One Samuel
Foi I w as appi iint< d.'" He was probably not the person referred to in the text.
L7.- In note, for "The representatives * * * was," read "The repre-
3 * * * were." etc
P.'.ge 12C— In addition to the facts given on this page in relation to Charles Bead,
it may be mentioned that in Charles P. Keith's "Provincial Councillors of Penn-
Philadelpbia 1883. it is stated Up. 186-7) that Charles Read. the Phila-
delphia Alderman, Sheriff, Councillor, etc., died January 6, 1736-7, in the 51 I yeai
of his age. He married 1st, March 18, 1712, Rebecca Freeland, who was buried
August 17, 1712; 2d, November 1, 1713, Anne Bond, daughter of Thomas Bond: Am
was buried February 18, 1731 ; 3d, October 17, 1733. Sarah Williams, widow of Joseph
Harwood. His first child was Charles Read, baptised February 20, 1714-15. aged 3C
days. He was admitted to the Pennsylvania bar October 10, 17.53. He married,
June II, 1737. AJi< e, daughter of Jacob Thibou, a merchant of Antigua; she was
born \> i i 6, 1. 19, died at Burlington, N. J., November 13, 1769. Mr. Keith
says Judge Bead continued in office as Judge, and Collectorof Burlington, "until
ilution," which is incorrect. He also says he was that Col. Charles Bead,
>n Battalion, who sought a protection from Col. Donop, in
17T'i. which unpatriotic act was ascribed to Adjutant -General Joseph Reed for
i oturj . until tin- mistake was corrected by Adjutant-General Stryker, of
N.-.n Jersey, in 1876. Judge Read left three children: l. Charles born Sep
84, 1789, died Nov< mber 80, 1783; 2. Jacob, born January l. 1741-2, died Septem-
ber 1 1. 1783; ■'■ James. If Judge Bead settled in the West Indies in 1774. ,-i-
int. ntion, according to tin- letter of Governor Franklin, it would scorn more prob-
able that it was his son who was the Col. i harles Bead in question '>'•
I i ad "arc."
CONTENTS.
PAGE
1767 — July 15. — Commission of Maurice Morgann, as Secretary of
the Colony of New Jersey 1
" " 16. — Deputation from Maurice Morgan to Joseph
Reed, Jr., to be Deputy Secretary of the Colony of
New Jersey 5
" — Nov. 19. — Commission of Joseph Reed as Provincial and
Principal Surrogate of New Jersey 8
1768— Jan. 23.— Circular Letter of the Earl of Hillsborough to the
Governors in America, announcing his appointment
as Secretary of State for the Southern Department. 10
" — Feb. 23— Letter from the Earl of Hillsborough to Governor
Franklin, relative to quartering the King's troops,
and expressing the King's satisfaction with the sub-
mission of the Colonies to the Mother Country... . 12
" — April 20. — An account of His Majesty's defacing in Council
the old seals of several of the Islands and Colonies
in America 13
" " 21. — Circular Letter from the Earl of Hillsborough to
the Governors in America, relative to a flagitious
at tempt to disturb the public peace 14
" — May 4. — Commission of Daniel Smith, Jr., as Surveyor-
General of West Jersey _• 15
" " 6. — Address and Petition of the Assembly of New Jer-
sey to the King, praying relief from Acts of Parlia-
ment imposing a duty on them for the purpose of
raising a revenue 18
" —May 9.— Letter from the Speaker of the House of Bur-
gesses in Virginia to the Speaker of the House of
Representatives in New Jersey, calling upon the
House to join the Union in order to take steps to
assert their constitutional liberty 21
" — June 10. — Representation of the Board of Trade to the
King, recommending the repeal of an Act to Ap-
point Commissioners for supplying the several Bar-
racks 20
" " 13. — Governor Franklin to Charles Read — The Case of
John Wilkes — Benjamin Franklin's Accounts 28
VI CONTENTS.
PAGE
1 768 — Tune 14.— Letter from Governor Franklin to Secretary Hills-
borough, giving an account of the manufactures,
produce and trade of New Jersey 29
" " 14.— Letter from Governor Franklin to Secretary Hills-
borough, relative to the New Jersey Act of 1767, for
quartering the troops 32
16. — Letter from Governor Franklin to Secretary
Hillsborough, relative to a letter from the Speaker
of the House of Representatives of Massachusetts
Bay ---- - 34
• ' — j u iy 11.— Circular Letter from the Earl of Hillsborough to
the Governors of America, directing them to trans-
mit their duplicates by the first opportunity 35
" " 11. — Letter from Governor Franklin to Secretary
Hillsborough, relative to a letter from the Speaker
of the Massachusetts Bay - 36
" " 25.— Affidavit of Stephen Skin.) or, relative to the rob-
bery of the East New Jersey Treasury 37
" —Aug. :i. — Proclamation of Governor Moore, of New York,
regarding the robbery of the East Jersey Treasury. 39
12. — An order of the King in Council, repealing an act
passed in New Jersey in June, 1767, appointing
Commissioners for supplying the Barracks, etc 41
13. — Letter from Governor Franklin to the Earl of
Hillsborough, recommendiug Mr. Richard Stockton
to be appointed a member of the New Jersey Coun-
cil in place of Mr. Woodruff, deceased 44
" " 16. — Letter from Secretary Hillsborough to Governor
Franklin,, relative to the letter from the Assembly
of the Massachusetts Bay, and the King's disappro-
bation of Gov. Franklin's assenting to a law con-
trary to an Act of Parliament 45
•' 24. — Letter from Governor Franklin to the Earl of
Billsborough, relative to a bill lor striking £100,000
in bills of credit, to which he, the Governor, had re-
fused hisassent, desiring instructions 48
" " 25. — Letter from Governor Franklin to the Earl ol
Hillsborough, relative to the complaint made by the
Commissioner of Customs in America to the King.. 53
•' " 26.— Commission of Governor Franklin to Charles
Read, John Smith and Samuel Smith, to lake charge
of the Seals during his absence 54
" •' 27. — Letter from Governor Franklin to Secretary
Billsborough, relative to a treaty with the Indians
for set! ling boundary between them and the North-
ern British Colonies 55
CONTENTS. VII
PAGE
1708— Sept. 2.— Circular Letter from the Earl of Hillsborough to
the Governors in America, relative to letters re-
ceived by them from His Majesty's Secretary of
State ---- - 57
« —Oct. 12.— Letter from Secretary Hillsborough relative to
the Letter from the Assembly of Massachusetts Bay 58
« —Nov. 2.— Order in Council appointing Richard Stockton,
Esq. , to be of the Council of New Jersey 59
<< « 15.— Letter from Secretary Hillsborough to Governor
Franklin, relative to the New Jersey bill for issuing
£100,000, and the unwarrantable proceedings of the
Assembly in connection therewith - 60
« 20.— Letter from Chief -Justice Smyth to the Earl of
Hillsborough, relative to the insufficiency of his sal-
ary 62
« « 23.— Letter from Governor Franklin to the Earl of
Hillsborough, defending his conduct during the last
session of the Assembly of New Jersey against the
censures of his Lordship .- 64
« —Dec. 17.— Letter from Governor Franklin to the Earl of
Hillsborough, relative to the treaty with the In-
dians for settling the boundary line between them
and the British Colonies - 95
1769— Jan. 22.— Letter from Governor Franklin to Cortland Skin-
ner
91
" 28.— Letter from Governor Franklin to the Earl of
Hillsborough, giving further reasons for issuing
£100,000 in Bills of Credit 99
-March 22.— Letter from the Earl of Hillsborough to Governor
Franklin, relative to the bill -f the New Jersey As-
sembly for issuing £100.000. 103
-April 24.— Order of the Lords of the Committee of Council
for Plantation Affairs, directing the preparation of
drafts of instructions to the Governors in America
for regulating their conduct in respect to bills for
raising money by lottery 104
-May 2.— Representation from the Lords of Trade to the
King, recommending disallowance of an Act of the
New Jersey Assembly for issuing £100,000 in Bills
of Credit 106
" 11.— Additional instructions to the Governors in
America, directing them not to permit public or
private lotteries in their respective governments 108
" 13.— Circular Letter from Lord Hillsborough to the
Governors in America, informing them that His
Viil CONTENTS.
PAGE
Majesty's Government have had no design to lay
taxes on America for purposes of revenue 109
1769— May 11.— Governor Franklin to Benjamin Franklin— Cap-
tain Trent's affair— The Governor's farming opera-
tions — Secretary Morgan and "Deputy Reed — Mat-
ters in New York and Massachusetts 111
" " 26.— Order in Council disallowing the bill passed in
New Jersey for making current £100,000 in Bills of
Credit - ..115
" —July 18.— Letter of acknowledgment from Governor Frank-
lin to the Earl of Hillsborough 118
" " 18. — Statement of the claim of New York v. New Jer-
sey in relation to boundaries.. 119
" — Sept. 27. — Letter of acknowledgment from Governor Frank-
lin to the Earl of Hillsborough — He fears the evil
effects of the action of the Assembly of South Caro-
lina 130
" — Oct. 5. — Letter from Governor Franklin to the Earl of
Hillsborough, announcing the death of Mr. Ash-
field, a member of the Council, and recommending
three persons as fit to fill the vacancy 131
" — Dec. 7. — Letter from a Committee of the Assembly to Dr.
Benjamin Franklin, notifying him of his appoint-
ment as Agent of the Colony 135
" " 9. — Letter from the Earl of Hillsborough to Governor
Franklin, stating that the Lords of Trade had rec-
ommended Cortlandt (Stephen) Skinner to be ap-
pointed a member of the New Jersey Council 139
" " 10. — Letter from Governor Franklin to Secretary Pow-
nall, relative to the provision for the support of the
King's troops 141
" " 12. — Letter from Henry Wilmot to Committee of Cor-
respondence, relative to a Paper Currency, and the
bill for Septennial Elections _ _ 142
" " 14. — Order in Council appointing Stephen Skinner,
Esq., to be of the Council of New Jersey, in the
room of Lewis Ashfield, Esq. , deceased 1 43
" " 24. — Letter from Governor Franklin to the Karl of
Hillsborough, transmitting Chief-Justice Smyth's
Memorial 144
" " 24. — Memorial of Chief Justice Smyth respecting his
salary 140
1770— Jan. 18.— Letter from the Karl of Hillsborough to Governor
Franklin, correcting an error in regard to the Chris-
tian name of Mr. Skinner 147
CONTENTS.
IX
PAGE
1770 — Jan. 28. — Letter from Governor Franklin to Cortlandt Skin-
ner, relative to the riotous proceedings in Monmouth
County -. 148
" —Feb. 12.— Letter from Governor Franklin to the Earl of
Hillsborough, inclosing paper with observations on
two Acts of the New Jersey Assembly 150
" " 26.— Letter from Mr. Richard Stockton to the Earl of
Hillsborough, giving his opinion that the Governor
of New Jersey is duly authorized to hold a Court of
Equity and preside therein 154
" " —.—The Petition of William Bayard, Esq., of New
York to the Board of Trade, praying the repeal of
an Act of the Province of New Jersey, relative to
the Common Lands of the Township of Bergen 168
" —March 16.— Speech of Governor Franklin to the Legislature,
in relation to the riots in Monmouth and Essex
Counties 172
" " 20.— Address of the Assembly to Governor Franklin,
in relation to the riots in Monmouth and Essex
Counties... - 180
" " 21. — Proclamation of Governor Franklin, offering a
reward of £25 for the discovery of the person or
persons who set fire to the stable of David Ogden.. 183
" " 28. —Ordinance in relation to the Court of Chancery.. 184
" " 31.— Pardon of John Dodd and David Dodd, convicted
of rioting at Horseneck 187
" — April 11. — Representation of the Lords of Trade to the King,
recommending the disallowance of an Act of the As-
sembly, relative to the Common Lands of the town-
ship of Bergen 188
" " 14.— Circular Letter from Mr. Pownall to the Gover-
nors in America, inclosing an Act of Parliament,
respecting certain duties 191
" 28.— Letter from Governor Franklin to the Earl of
Hillsborough, relative to various matters of public
interest 191
" — May 16. — Governor Colden's Commission to John De Noy-
elles and William Wickham, as surveyors of the
boundary line between New York and New Jersey. . 194
'• — June 6. — Order of Council, disallowing an Act of the New
Jersey Assembly, for striking £100,000 in Bills of
Credit, and an Act regarding the Common Lands
in the township of Bergen 196
" —July 6.— Letter from the Earl of Hillsborough to Gover-
nor Franklin, complimenting him and the Council. 198
X CONTENTS.
PAGE
1770— July 20.— Representation from the Lords of Trade to the
King, relative to an Act regulating the practice of
the law in New Jersey 199
" —Sept. 29. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to the displeasure of the As-
sembly at I he disallowance of the Paper Money Act. 200
" —Nov. 5. — Letter from Governor Franklin to the Earl of
Hillsborough, announcing the action of the Assem-
bly, relative to provision for the supply of the
troops, the appointment of Barrack Masters, etc... 201
7. — Proclamation of Governor Franklin, relative to
an assault upon John Hatton, Collector at Salem.. 205
" — Dec. G. — Two warrants for the apprehension of John Hat-
ton and his slave Ned.. 207
" " 7. — Letter of John Hatton to Governor Franklin.
complaining of the Justices at ( 'ape May. 209
" " 11. — Letter from the Earl of Hillsborough to Governor
Franklin, transmitting two orders of ( 'ouncil ... 213
" " 25. — Letter from John Hatton to the Commissioners
of the Customs, complaining of his ill-treatment... 215
•' " 25. — Letter of Attorney-General Skinner to Mr. Hat-
ton, giving his opinion on the proceedings of the
Magistrates at Cape May .. . 216
" " " — Letter from Mr. Skinner, Attorney-General, to
Charles Petit, on the conduct of the Magistrates of
Cape May 217
" " 30. — Letter from Mr. Hatton to the Commissioners of
Customs at Boston, relative to his ill-treatment 218
1771. — Jan. 2. — Letter from the Earl of Hillsborough to Gover-
nor Franklin, relative to providing for the King's
troops 219
" " 10.— Letter from Frederick Smyth to the Earl of Hills-
borough, tendering his seal in the Council of New
Jersey 220
" " 14. — Letter from Governor Franklin to the Earl of
Hillsborough, realtive to the war in Spain, the
Superintendence of Indian affairs, and announcing
the death of John Ladd, a member of the Council.. 221
" " 14.— Letter from Governor Franklin to Major William
Trent 227
" — March 1. — Letter from John Pownall to John Robinson,
relative to a bounty upon slaves from America.. -.. 229
" " 27.— Letter from Governor Franklin to the Karl of
Hillsborough, relating to recruiting parties, and
making provision lor the King's troops; also an-
CONTENTS. XI
PAGE
nouncing the death of John Smith, a member of
Council 230
1771 — March 30. — Letter from Governor Franklin to Lieut. Arthur
Wadman, promising him assistance in recruiting. . 233
" — April 9. — Report of Richard Jackson, Esq., on eight Acts
passed in the Province of New J ersey in March,
1770 233
" 20. — Letter from Benjamin Franklin to Governor
Franklin — The Ohio Affair — The Assembly's Insol-
vent Laws 236
" " 30. — Letter from Governor Franklin to the Earl of
Hillsborough, announcing the refusal of the Assem-
bly to provide for the King's troops and transmit-
ting papers... 237
" — May — . — Instructions of the Freeholders of Hunterdon
County to their representatives in Assembly, John
Hart and Samuel Tucker, adverse to the quartering
of troops in the Province 269
" " 1. — Order in Council, appointing Daniel Coxe a mem-
ber of the Council of New Jersey 273
" " 4. — Letter from the Earl of Hillsborough to Governor
Franklin, relative to the dispute with Spain, the
Indian trade, etc 274
" " 19. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to the complaint of John
Hatton, and transmitting copies of papers con-
nected therewith 275
" — June 1. — Letter from Governor Franklin to the Earl of
Hillsborough, announcing the refusal of the Assem-
bly to grant supplies for the King's troops 297
" " 21. — Letter from the Lords of Trade to Governor
Franklin, relative to the disallowance of two Acts
o f the Assembly of New Jersey ... 300
" —July 3. — Letter from the Earl of Hillsborough to Governor
Franklin, approving his conduct in the matter of
recruiting the King's forces 30 1
" " 19. — Letter from the Earl of Hillsborough to Governor
Franklin, relative to the complaint of Mr. Hatton,
and to the refusal of the Assembly to provide for
the King's troops 304
" " 19. — Letter from Mr. Pownall to John Robinson, rela-
tive to the complaint of Mr. Hatton 305
•' " 20. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to a dispute between the Gov-
ernor and the Assembly on the resignation of Mr.
Ogden 306
XI 1 CONTENTS.
PAGE
1771— Oct. 12.— Address of the Clergy of the Church of England,
in New York and New Jersey, to Lord Hillsbor-
ough, relative to the want of Bishops in those parts. 309
" " 21. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to Mr. Hatton's complaint- . 313
" " 21. — Letter from Governor Franklin to the Lords of
Trade, relative to two Acts proposed to be repealed,
the emission of Paper Bills, and the appointment of
an agent .. 315
•' — Dec. 4. — Letter from the Earl of Hillsborough to Governor
Franklin, approving his position in regard to the
resignation of a member of the Assembly 318
" " 18. — Letter from Mr. Pownall toBichard Jackson, de-
siring his opinion in regard to the resignation of a
member of the Assembly of New Jersey 319
" " 26. —Letter from Governor Franklin to the Lords of
Trade, acquainting them with the appointment of an
Agent for New Jersey 320
" •' 27. — Letter from Governor Franklin to the Earl of
Hillsborough, informing him that provision had been
made for the arrears due to the troops, and that the
debt of the Colony incurred during the late war
would be paid . . -- 321
1772— Jan. 11. — Letter from the Earl of Hillsborough to Governor
Franklin — the removal of the troops from New Jer-
sey leaves no cause for disagreeable altercation with
the Assembly 323
'• " 15. — Order in Council disallowing two Acts passed in
New Jersey in October, 1770, and directing the
preparation of an instruction to the Governors of
the several Colonics, rest raining them from assent-
ing to laws by which the lands, etc., of persons who
have never resided within the Colony may be at-
tached for debt 324
" 30.— Letter from Benjamin Franklin to Governor
Franklin, in relation to the appointment of Colonial
Agents in England -. 330
" —Feb. 1.— Beprcsentation from the Lords of Trade to the
King, submitting a draft of the instructions di-
rected to be prepared in the foregoing order 327
3. — Order in Council approving the draft of the fore-
going instruction... - 329
13.— Representation from 1 lie Lords of Trade, with a
draft clan additional instruction relating to an al-
teration in the prayers for the Royal family....... 331
CONTENTS. Xlll
PAGE
1772 — March 10. — Letter from Governor Franklin to the Earl of
Hillsborough, transmitting public papers 333
" — April 6. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to the resignation of Mr. Og-
den as a member of the Assembly 334
" — May 5. — Letter from Governor Franklin to the Earl of
Hillsborough, relative to two Acts of the Assembly
passed October, 1770 337
" " 11. — Letter from Governor Franklin to the Earl of
Hillsborough, transmitting the petition of the Pres-
byterian Clergy praying for a charter to enable them
to raise funds, etc 339
" " 18. — Commission of David Ogden as Supreme Court
Justice -. 372
" —June 6. — Letter from the Earl of Hillsborough to Governor
Franklin, relative to the dispute with the Assembly,
and informing him that an adequate salary had been
granted to the Chief- Justice 361
" " 12. — Letter from John Carey to Cortlandt Skinner,
relative to his acting as Attorney-General in the
Courts of Salem and Cumberland Counties 362
" — July 2. — Report of Richard Jackson on twenty-five Acts
passed in New Jersey, in December, 1771 365
•' " 15. — Report of Richard Jackson on the issuing of a
writ for the election of a new member of the Assem-
bly in the room of Mr. Ogden 369
" " 29. — Draft of a clause to be inserted in the instruc-
tions to Governors in America, giving them as
Chancellors the power to issue commissions for the
care and custody of idiots and lunatics 370
"' — Aug. 7. — Letter from the Earl of Hillsborough to Governor
Franklin, relative to the issuing of a writ for the
election of a new member of the Assembly for Es-
sex County 374
" —Sept. 4. — Letter from the Earl of Dartmouth to Governor
Franklin, relative to the plundering and burning of
the Gaspee schooner _ 375
" 5. — Letter of Mr. Pownall to the Chief -Justice of New
York, New Jersey, etc., relative to the destruction
of the Gaspee schooner 377
" — Oct. 5.— Letter from Governor Franklin to the Earl of
Hillsborough, informing him that the Assembly had
granted money for the support of the King's troops 378
" " 5. — Letter from Chief -Justice Smyth to the Earl of
Hillsborough, relative to the robbery of the Treas-
urer of the Province, and his traveling expenses... 379
XIV CONTENTS.
PAGE
1772— Oct. 12. — Letter from Governor Franklin to the Lords of
Trade, relative to the care and custody of idiots and
lunatics 382
" " 30. — Memorial of Attorney-General Skinner to the Earl
of Dartmouth, praying for an adequate salary from
the Crown for his services _ . 383
" — Nov. 28. — Letter from Governor Franklin to the Earl of
Dartmouth, giving his observations on the Boun-
dary Act, the Act enabling subjects to inherit real
estate, and the Lottery Act 385
•' — Dec. 9. — Letter from the Earl of Dartmouth to Governor
Franklin, expressing his satisfaction with the As-
sembly 388
1773 — Jan. 5. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting a memorial from the At-
torney-General, with observations on the fees of offi-
cers 389
" — Feb. 7. — Letter from Governor Tryon to the Earl of Dart-
mouth . _ 393
•' " 8. — Letter from Chief -Justice Smyth to the Earl of
Dartmouth, relative to the destruction of the
schooner Gaspee. . 395
" 27. — Letter from Governor Franklin to the Earl of
Dartmouth, relative to the petition from the Pres-
byterian Clergy. 400
" — March 3.— Letter from the Earl of Dartmouth to Governor
Franklin, relative to the salaries of the officers of
the Crown 401
" — April 7. — Order in Council directing alterations in the in-
structions to Governors touching the grant of land- 402
" " 10. — Letter from the Earl of Dartmouth to Governor
Franklin, relative to the application made by the
Presbyterian ministers. 404
" 10. — Letter from the Earl of Dartmouth to Chief-Jus-
tice Smyth 404
" " 31. — Letter from Governor Franklin to the Earl of
Dartmouth, relative to the more adequate establish-
ment of tlic servants of the Crown 405
" — June 2. — Letter from the Earl of Dartmouth to Governor
Franklin, relative to the petition of the Presbyterian
ministers 407
" — July 5. — Letter from Governor Franklin to the Karl of
Dartmouth, relative to the boundary line between
New York and New Jersey 407
" — Aug. 7. — Letter from the ESarl of Dartmouth to Governor
CONTENTS. XV
PAGE
Franklin, relative to the support of the King's Gov-
ernment in New Jersey. . . - 408
1773— Oct. 18.— Letter from Governor Franklin to the Earl of
Dartmouth, expressing the satisfaction of the Pres-
byterian clergy, etc 409
« " 28.— Representation from the Lords of Trade to the
King, with draft of instructions to Governors rela-
tive to the naturalization of aliens, divorces, and
titles of lands -- 410
« —Dec. —.—Extract from a letter from Cortlandt Skinner to
Philip Kearny, relative to the proceedings of the
Assembly in regard to the Treasurer 412
" << 5.— Letter from Cortlandt Skinner to Philip Kearny
in reference to the Treasurer 414
» 19.— Letter from Cortlandt Skinner in relation to the
Treasurer 415
1774— Jan. 8.— Letter from the Earl of Dartmouth to Governor
Franklin, relative to the approval of the boundary
line between New York and New Jersey ; also in re-
gard to the Lottery Act 416
" << —.—Draft of instructions to the Representatives in
Assembly from Burlington County, relative to the
liabilities of the Eastern Treasury 417
« —Feb. 14.— Minutes of Council relative to Thomas Kinney,
High Sheriff of Morris County, charged with allow-
ing Samuel Ford to escape from jail 419
.< « 24.— Message of Governor Franklin to the Assembly,
transmitting the resignation of the Treasurer,
Stephen Skinner 420
*< « 28.— Letter from Governor Franklin to the Earl of
Dartmouth, relative to Treasurer Skinner, the re-
moval of Charles Read to St. Croix, and recommend-
ing Francis Hopkinson to fill the vacancy in the
Council 425
u « 28.— Commission of Richard Stockton as Associate
Justice of the Supreme Court 427
" —March 10.— Circular Letter from Mr. Pownall to the Gover-
nors, inclosing the King's message to Parliament
relative to the disturbances in the Colonies 431
a « 28.— Letter from Governor Franklin to the Earl of
Dartmouth, giving answers to inquiries relative to
the present state and condition of the Province of
New Jersey... 433
« —April 21.— Representation from the Lords of Trade to the
King, recommending Francis Hopkinson as a mem-
ber of the Council of New Jersey .. 455
Xvi CONTENTS.
PAGE
1774 — May 4.— Letter from the Earl of Dartmouth to Governor
Franklin, relative to the removal of the Treasurer
of East Jersey, etc... --- 456
<< 31.— Letter from Governor Franklin to the Earl of
Dartmouth, relative to the Boston Port Act; a
Congress of members of the several Houses of As-
sembly; the removal of the seat of Government
from Burlington to Perth Amboy, etc 457
" —June 13.— Letter from the Committee of the People of Es-
sex ( 'ounty to the inhabitants of Monmouth County,
commenting on the events in Boston, etc 459
" " 13. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting a number of Acts of the
New Jersey Assembly _ - - - 461
" •' 28. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting resolutions adopted at a
meeting of the inhabitants of Essex County, aiming
to bring about a Congress of Deputies from all the
Colonies 464
" —July 6.— Letter from the Earl of Dartmouth to Governor
Franklin, relative to the Committee of Correspond-
ence and the removal of the seat of government from
Burlington to Perth Amboy - 468
'• " 21. — Convention to Nominate Delegates to the Conti-
nental Congress - 469
" " 26.— Letter from the Standing Committee of Corre-
spondence and Enquiry of the New Jersey Assem-
bly to Benjamin Franklin, inquiring as to the pro-
ceedings of the Parliament of Great Britain 472
« —Sept. 6.— Letter from Governor Franklin to the Earl of
Dartmouth, relative to the First Congress in Phila-
delphia and containing "secret intelligence " 473
7.— Letter from Benjamin Franklin to Governor
Franklin, on American affairs 494
7. — Letter from the Earl of Dartmouth to Governor
Franklin, expressing the King's anxiety concerning
the Congress in Philadelphia 496
<« — Oct. 19.— Circular letter from the Earl of Dartmouth to all
the Governors in America, relative to arresting and
securing any gunpowder, arms or ammunition im-
ported from England to the Colonies without li-
cense 497
" " 31.— Letter from the Committee of Correspondence al
Boston to the Committee of Monmouth County 498
•' " 29. — Letter from Governor Franklin to the Earl of
CONTENTS. XV11
PAGE
Dartmouth, transmitting a pamphlet published by
the Congress at Philadelphia 500
1774_Nov. 2.— Letter from the Earl of Dartmouth to Governor
Franklin, approving his conduct in transmitting
papers - - - -- 501
« " 30.— Report of the Surveyors of the Boundary Line
between New York and New Jersey 501
« —Dec. 6.— Letter from Governor Franklin to the Earl ef
Dartmouth, relative to the Congress at Philadelphia
and the sentiment of the public concerning it ; also
transmitting a plan of a proposed union between
Great Britain and the Colonies 503
" 6.— Report of Richard Jackson on thirty-three Acts
passed in the Province of New Jersey in March,
177 4 508
10.— Circular letter from the Earl of Dartmouth to all
the Governors in America, announcing the King's
determination to withstand every attempt to weaken
his authority over the Colonies 513
^ " 16.— Caveat of the Overseer of a school in Burlington
against any grants being made of the Island of
Burlington - - - - 515
« " 20.— Letter from Samuel Holland, Surveyor-General
of the Northern District of North America, to Mr.
Pownall 518
" 21 .—Petition of the members of the Congress at Phila-
delphia to the King. 522
m •• 22.— Proceedings of the inhabitants of Cumberland
County, in accordance with the recommendations of
the Continental Congress— disapproval of the de-
struction of tea at Greenwich 530
1775— Jan. 2.— Advertisement calling a meeting of the inhabi-
tants of Shrewsbury for the 17th of January, to
choose a Committee in accordance with the recom-
mendations of the Continental Congress 533
4.— Circular letter from the Earl of Dartmouth to the
Governors, directing them to prevent the choice of
Deputies to the Continental Congress - - 534
" " 7.— Letter from the Earl of Dartmouth to Governor
Franklin, relative to the proceedings and resolu-
tions of the Congress - - - 535
26.— Proceedings of the Elizabeth-Town Committee of
Observation .
f,;;<;
.Feb. 1.— Letter from Governor Franklin to the Earl of
Dartmouth, transmitting his speech to the New Jer-
sey Assembly, with the resolutions of that body... 537
xviii CONTENT-.
PAGE
1775— Feb. 17.— Letter from Lord Stirling to Cortlandt Skinner,
covering the valuation of the land mortgaged by
him to Mrs. Mary Verplank. - 547
" " 18. — Letter from Governor Franklin, relative to the
seizure of all arms and ammunition imported into
the Province without license - . 548
" " 20.— Order in Council, approving three acts of New
Jersey, and recommending salaries more suitable to
the civil officers, the building houses for the resi-
dence of the Governor, etc 549
" " 22. — Circular Letter from the Earl of Dartmouth, ex-
pressing hopes of a restoration of the public tran-
quility 553
" — March 3. — Circular Letter from the Earl of Dartmouth, en-
closing a resolution adopted by Parliament 555
" " 3. — Letter from the Earl of Dartmouth to Governor
Franklin, respecting the Acts for lowering the in-
terest of money to six per cent; for striking £100,-
000 in bills of credit, and for the relief of Abner
Hatfield; also respecting salaries and a residence for
the Governor 557
" " 6. — Letter from the Freehold Committee of Inspection
to the '-Respectable Inhabitants of the Township of
Shrewsbury at their Annual Town Meeting " 559
" " 7. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting a list of the names of the
members of the Council of New Jersey 560
li " 27. — Further proceedings of the Elizabeth-Town Com-
mittee of Observation in relation to the landing of
goods from the Beulah _ 568
" — April 3. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting secret intelligence 570
'• " 15. — Circular Letter from the Eai'l of Dartmouth, rela-
tive to the order of the Commander-in-Chief of the
forces in America 586
•• — May — - — Draft of an agreement among the lawyers of New
Jersey that in consequence of the state of the Col-
onies requiring everyone to give his time and at-
tention to the public service, they would do all in
their power to prevent unnecessary litigation . 589
6. — Letter from Governor Franklin to the Earl of
Dartmouth, giving an account of the proceedings of
the King's troops at Concord 590
26. — Resolutions of the Provincial Congress of New
Jersey in favor of non-exporta1 ion and appointing a
last dav-- 59"J
CONTENTS. XIX
PAGE
1775— May 27.— Letter from Samuel Holland to the Earl of Dart-
mouth, transmitting the plans of last Summer's
survey . . '^9
a a 27. —Proceedings of the inhabitants of Shrewsbury.,. 600
« _J im e 5.— Letter from Governor Franklin to the Earl of
Dartmouth, giving an account of proceedings in
New Jersey, the effect of the " unfortunate affair at
Lexington," and transmitting papers 601
" « 7.— Letter from the Earl of Dartmouth to Governor
Franklin, referring to the Congress in Philadelphia,
and to the skirmish near Boston 642
« —July 4.— Letter from Governor Franklin to the Earl of
Dartmouth, giving intelligence of the troops in New
Jersey and Philadelphia - 644
« •" 5.— Letter from the Earl of Dartmouth to Governor
Franklin, announcing the King's determination to
crush the rebellion, and that General Gage and Ad-
miral Graves had received orders to exert the most
vigorous efforts to that end... 645
" « 5.— Letter from Governor Franklin to the Earl of
Dartmouth, giving intelligence of the arrest of Ma-
jor Philip Skeene, and transmitting a resolution re-
ferring thereto - 648
« « 12.— Letter from the Earl of Dartmouth to Governor
Franklin, approving of the speech of the latter to
the Assembly 651
" —Aug. 2.— Letter from Governor Franklin to the Earl of
Dartmouth, announcing that Congress had declared
war, and preparations were in progress for carrying
it on; also enclosing a letter from Col. Coxe to Mr.
Skinner 652
• ' —Sept. 5.— Circular Letter from the Earl of Dartmouth, rel-
ative to employing His Majesty's ships in sending
dispatches to England - - - - - 656
44 4. 5.— Letter from Governor Franklin to the Earl of
Dartmouth, complaining that his dispatches are
opened at the Post Office, and announcing that
Congress had assumed command of the militia 656
44 44 20.— Letter from Samuel Holland to the Earl of Dart-
mouth, relative to the boundary line between New
York and Massachusetts Bay 660
• « —Oct. 3.— Letter from Governor Franklin to the Earl of
Dartmouth, relative to the condition of the Colonies ;
Lord Stirling had accepted a Colonel's Commission
from Congress; and no one would consent to be
nominated for a place in the Council 662
COISTElirfS.
-Nov.
-Doc.
PAGE
1775— Oct. 4.— Circular letter from Secretary Pownall, relative
to the discontinuance of Packet Boats between Eng-,
land and America . 666
" " 6. — Proceedings of the Shrewsbury Committee of Cor-
respondence - 666
" " 28. — Circular letter from the Earl of Dartmouth, en-
closing the King's speech 667
1. — Letter from Governor Franklin to the Earl of
Dartmouth, giving intelligence of the raising of
troops and money in New Jersey, and enclosing a
copy of a letter of Dr. Church intercepted and de-
livered to General Washington 669
3. — Letter from Governor Franklin to the Earl of
Dartmouth, transmitting the Governor's address to
the Assembly 674
" " 23. — Letter from Lord Germain to Governor Frank-
lin, announcing the King's concern that his subjects
in New Jersey had submitted to the dictates of the
Continental Congress 675
1776— Jan. 5. — Letter from Governor Franklin to the Earl of
Dartmouth, relative to the sentiments of the people,
and the proceedings of Assembly ; the Earl of Stir-
ling suspended; general belief that Congress will
have the assistance of Frauce. 676
8.— Letter from Governor Franklin to the Earl of
Dartmouth, describing his arrest by Col. Winds;
also the entering and searching of Mr. Skinner's
house 698
" —Feb. 22. — Report of Richard Jackson on an Act for the re-
lief of Richard Stevens, with respect to the imprison-
ment of his person 701
" —March 28.— Letter from Governor Franklin to Lord George
Germain, relative to the seizure of his person by or-
der of Lord Stirling 702
" " — .—Requisition of Jonathan Deare upon Captain
Heathcote Johnson for four men from Middlesex
County. 711
" — April 25. — Order in Council relative to seizures, etc., of
ships taken from the Colony of New Jersey and
other Colonies 711
'■ — May — . — Articles of Association of the Freeholders and
inhabitants of Morris County, pledging themselves
to sustain the action of the Continental Congress in
defending the Constitution 716
" — June 22. — Letter from Governor Franklin to the Legislature
of New Jersey 719
NEW JERSEY
COLONIAL DOCUMENTS.
Commission of Maurice Morgann, as Secretary of the
Colony of New Jersey.
[From Book AB of Commissions, Secretary of State's Office, Trenton, fol. 1. ]
George the Third by the Grace of God &c. To all
to whom these Presents shall come Greeting, Whereas
wee did by our Letters patent under our Great Seal of
Great Britian bearing Date at Westminster the Thir-
teenth day of November in the seventh year of our
Reign, 1 Give and Grant unto our Trusty and well
beloved Maurice Morgann Esquire the Office or Place
of Secretary of our Colony of Nova Csesarea or New
Jersey in America To Have Hold Exercise and Enjoy
the said Office or Place of Secretary of our said Colony
of Nova Caesarea or New Jersey in America unto him
the said Maurice Morgann by himself or his Sufficient
Deputy or Deputies (for whom he should be answera-
ble) for and during our pleasure together with all such
Fees Rights Profits Priviledges and advantages as
Christopher Coates Esquire Deceased, 2 or any other
secretary of our said Province hath formerly Held
1 November 13, 1766.
2 Coates had been continued in office by order of the Kintc in < louncil, March
1761. —N. J. Archives, IX., 357.
2 ADMINISTRATION OF GOVERNOR FRANKLIN. [1767
and Enjoyed, or of Right ought to have held and
enjoyed the same, as by the same Letters Patent
(Relation being thereunto had) may more fully and
at Large appear. And Whereas Doubts might have
arisen with Respect to the Extent of the said Grant
Wherefore for the better manifesting our Intention
therein and for the facilitating to the said Maurice
Morgann the full Enjoyment thereof Now know ye
that we have revoked and Determined and by these
presents Do revoke and determine our said recited Let-
ters patent and every clause Article & Thing therein
Contained and also all other or former Grant hereto-
fore made in our said Province of New Jersey of all or
any of our Offices or Places of Secretary Clerk of the
Council Clerk of the Supreme Court, Clerk of the
Pleas, Surrogate and Keeper and Register of Records
in our said Colony of Nova Csesarea or New Jersey
And further knoiv ye that wee of our Especial Grace
certain Knowledge & Meer Motion have Given and
Granted and by these Presents do Give and Grant
unto our said Trusty and Welbeloved Maurice Morgan
Esquire the Office or place or Offices or Places of Sec-
retary, Clerk of the Council, Clerk of the Supreme
Court, Clerk of the Pleas, Surrogate and Keeper and
Register of Records in our Colony of Nova Csesarea or
New Jersey in America. And him the said Maurice
Morgann Secretary, Clerk of the Council, Clerk of the
Supreme Court, Clerk of the Pleas, Surrogate and
Keeper and Register of Records in our said Colony of
Nova Caesarea or New Jersey in America, we do make
ordain and constitute by these presents lo have Hold
Exercise & Enjoy the said Office or Place, Offices or
Places of Secretary, Clerk of the Council, Clerk of the
Supreme Court, Clerk of the Pleas, Surrogate and
Keeper and Register of Records in our said Colony of
Nova Caesarea or New Jersey in America, unto him
the said Maurice Morgann by himself or his Sufficienl
1767] ADMINISTRATION OF GOVERNOR FRANKLIN. 3
Deputy or Deputies' for whom he shall be answerable,
during our Pleasure together with all such Fees Eights
Priviledges advantages perquisities and Emoluments to
the said Office or. Offices Respectively in any wise
belonging or Appertaining. And lastly Wee do hereby
Grant unto the said Maurice Morgann that these our
Letters patent or the Inrollment or Exemplification
thereof shall be in and by all things Good firm valid
Sufficient and Effectual in the Law according to the
True Intent and Meaning thereof any Omission Imper-
fection Defect Matter Cause or thing whatsoever to
the Contrary thereof in any wise notwithstanding.
In Witness &c Witness ourself at Westminster the
Eighteenth day of June in the Seventh year of our
Reign. 2
By Writ of Privy Seal 15th July 1767.
Examined with the Record and agrees therewith
Samuel Reynardson one of the six Clerks of the Court
of Chancery.
Recorded 5th Janr. 1768 Exd C. P. 3
London:
William Chamberlayne of Lincolns Inn in the
County of Middlesex Gentleman maketh Oath and
saith that he this deponant did on Wednesday the fif-
teenth day of this Instant July Carefully Examine
the annext Paper Writing purporting to be a Copy of
Letters Patent Granted by his Present Majesty to
Maurice Morgann Esquire of Certain Offices therein
1 Morgann was in New Jersey two years later, apparently to look after the ad-
ministration of the office. See post, under date of Octoher 27, 1769.
2 At first glance this date is inconsistent with that first given above. But King
George II. died October 25, 1700.— N. J. Archives, IX., 243. ("On the 25th day of
October, 17'60, he [the King] being then in the seventy-seventh year of his age, and
the thirty -fourth of his reign, his page went to take him his royal chocolate, and
behold ! the most religious and gracious King was lying dead on the floor. The
sacred Majesty was but a lifeless corpse."— Thackeray's " Four Georges.'") Conse
quently, the "seventh year" of the reign of King George III. would extend from
October 25, 1766 to October 25, 1767; hence, the date given at the beginning of this
document is November 13, 1766, and the last date is June 18, 1767.— [W. N.]
3 Probably Charles Pettit.— See post, under date of October 27, 1769.
4 \ DMIXISTKATIOX OF (iOVERNOR FRANELIK. [176?
mentioned with the Original Record of the said Let-
ters Patent in the Petty Bag Office with the Proper
Officer there, and this Deponent further saith that the
annexed Paper Writing is a true Copy of the Record
of such Letters Patent now Remaining in the said
Petty Bag office with the Proper Officer there.
William Chamberlayne
Sworn the 16th day of July 1767 before me
Rob. Kite Mayor.
Recorded the 5th Jan. ] 768 Exd. C. P.
To all to whom these Presents shall come I Sir Rob-
ert Kight Knight Lord Mayor of the City of London
In I '/irsuance of an act of Parliament made and Passed
in the fifth year of the Reign of his late Majesty King-
George the second Intitled an act for the more easy
Recovery of Debts in his Majesties Plantations and
Colonies in America Do Hereby Certify that on the
day of the date hereof personally came and appeared
before me William Chamberlayne the Deponent named
in the affidavit hereunto annexed being a person well
known and Worthy of Good Credit ana by Solemn
Oath which the said Deponent then took before me
upon the Holy Evangelists of Almighty God did sol-
emnly & Sincerely declare Testify & Depose to be true
the several matters and things mentioned & Contained
in the said Annexed Affidavit.
In faith & testimony whereof I the said
Lord Mayor have caused the seal of the
Office of Mayoralty of the said City of
London to be hereunto put and affixed
and the Copy of Letters Patent men-
tioned and Referred to in and by the said Affidavit to
be hereunto also annexed Dated in London the six -
teeenth day of July in the year of our Lord one thou-
sand Seven Hundred and Sixty Seven.
Hodges.
Recorded dan. 1 768. Exd. per ( \ I*.
1767] ADMINISTRATION OF GOVERNOR FRANKLIN.
Deputation from Maurice Morgann to Joseph Reed,
Jr., to be Deputy Secretary of the Colony of New
Jersey.
IFrom Book AB of Commissions, in Secretary of State's Office, at Trenton, fol. 4.]
To all to whom these Presents shall come, Maurice
Morgan of Parliament Street Westminster, Esquire
Sendeth Greeting Whereas his Present Majesty by his
Letters Patent under the Great Seal of Great Britain
bearing Date at Westminster the Eighteenth day of
June in the seventh year of his Eeign Did Give and
Grant unto the said Maurice Morgan the Offices and
Places of Secretary, Clerk of the Council, Clerk of the
Supreme Court, Clerk of the pleas, Surrogate and
Keeper and Register of the Records in the colony of
Nova Ceesarea or New Jersey to have hold exercise
and Enjoy the said Offices and Places by himself or his
sufficient Deputy or Deputies during Pleasure together
with all Fees Profits Priviledges and advantages to the
said Offices belonging and appertaining now know ye
that for Divers Good Causes and Considerations him
the said Maurice Morgann hereunto moving He the
said Maurice Morgann hath made ordained Constituted
Deputed and Appointed and by these presents Doth
make Ordain Constitute Depute and Appoint Joseph
Reed Junior 1 of the Colony of New Jersey aforesaid
1 This is the person who figures in history as Washington's Adjutant-General, and
later as President of the Supreme Executive Council of Pennsylvania. The " Life
and Correspondence of Joseph Reed, by his grandson, William B. Reed," Philadel-
phia, 1847, is very meagre in details of the early life of the subject of the book.
He was born at Trentoj, New Jersey, August 27, 1741; soon after, his father
(Andrew Reed), removed to Philadelphia, where he lived until 1753. when he
returned to Trenton. Young Reed (who was sometimes called "Junior," probably
to distinguish him from his uncle, Joseph Reed), having been graduated from
Princeton in 1757, studied law with Richard Stockton, was admitted to the bar in
1763, and then went to London, where he entered the Middle Temple, remaining
there until the spring of 1765, when he returned to America and began practising
law in Trenton. What more natural than to suppose he won the favor of Mr.
6 ADMINISTRATION OF GOVERNOR FRANKLIN. [1767
Esquire his the said Maurice Morgann's Deputy of and
in the said Offices of Secretary, Clerk of the Council,
Clerk of the Supreme Court, Clerk of the Pleas, Surro-
gate and Keeper and Register of Records of the said
Province for and during the Pleasure of him the said
Maurice Morgann. And the said Maurice Morgann
doth hereby authorize & Impower the said Joseph
Reed to do Perform and Execute all and every such
act and acts, Matters and things as to the Duty and
Offices of Secretary, Clerk of the Council, Clerk of the
Supreme Court, Clerk of the Pleas, Surrogate and
Keeper and Register of Records of the said province
shall appertain or belong or which may or ought to be
Done Performed and Executed and also to have receive
and take all Fees dues Rights profits priviledges'and
advantages whatsoever to the same Offices or any or
either of them belonging or of Right appertaining
thereto or which shall arise happen or become due
during such time as he shall continue Deputy in the
Offices aforesaid he the said Maurice Morgann hereby
Ratifying and Confirming all and whatsoever his said
Deputy shall Lawfully do or Cause to be Done in the
Premises In Witness Whereof the said Maurice Mor-
gann hath hereunto set his Hand and Seal this Twenty
Seventh day of June in the seventh year of the Reign
of our Sovereign Lord George the Third by the Grace
of God of Great Britain France and Ireland King
Defender of the Faith and so forth and in the year of
our Lord one Thousand and Seven Hundred & Sixty
Seven.
Maurice Morgann. [Seal.]
ttoi .mi while pursuing his law studies in the Middle Temple S His father's illness,
his growing practice and other interests doubtless combined to cause him to give
up his office in 1769 (see post, under date of October 27, 1769), and bis father having
died thai same year (December 16), in March, 1770, he wen) to England to claim
his promised bride i Esther !><• Berdt), with whom he returned in October, when he
settled in Philadelphia, and thereafter was identified with the history of Pennsyl-
vania. Reed's Reed, I , 86-48; Hist Prea. Church in Trenton, bj John Hall, D. D.,
New York, L859, ! I. 75, 196-200. -[W. X.|
1707] ADMINISTRATION OF GOVERNOR FRANKLIN. 7
Sealed and Delivered (being first duly stampt) in the
Presence William Chamberlayne, Thomas Cotton, Atty
near the Hermitage.
Memorandum that on the Tenth day of October 1767
Joseph Reed Esq. in the within Deputation named
appeared before me Charles Read Esq. one of the Jus-
tices of the Supreme Court of the Province of New
Jersey and took the Oaths and made and Subscribed
the Declaration appointed by Act of Parliament and
also an Oath for the due Execution of the Offices
within mentioned which I administered to him by
Virtue of a Dedimus Potestatem.
.Chas. Read.
Recorded 5th Jan. 1768. Exd. C. P.
William Chamberlayne of Lincolns Inn in the
County of Middlesex Gentleman maketh oath and
saith that he this Deponent did see Maurice Morgann
of Parliament Street Westminster Esquire sign and
seal and as his act and deed Deliver the Deed Poll or
Instrument in Writing hereunto annexed in the pres-
ence of him this Deponent and Thomas Cotton Gentle-
man the other subscribing witness to the Execution
thereof and this Deponent further saith that the name
Maurice Morgann set and subscribed against the seal as
the party Executing the Deed pol or Instrument in
Writing hereunto annexed and the names Wm. Cham-
berlayne, and Thos. Cotton subscribed as witnesses to
the Execution thereof are of the Respective Proper
Hands writing of said Maurice Morgann Thomas Cot-
ton and of this Depone ut, Wm. Chamberlayne.
Sworn the 16th day of July 1767 before me
Robt. Kite, Mayor.
Recorded 5th Jan. 1768 Exd. C. P.
To all to whom these presents shall Come I Sir Rob-
ert Kite Knight Lord Mayor of the City of London In
Pursuance of an act of Parliament made and Passed
8 A.DMINISTRATION OF GOVERNOR FRANKLIN. [1768
in the fifth year of the Reign of his late Majesty King
George the Second Intituled an Act for the more easy
recovery of Debts in his Majesty's Plantations and
Colonies in America Do hereby Certify that on the day
of the Date hereof personally came and appeared before
me William Chamberlayne, the Deponent named in
the Affidavit hereunto annexed being a person well
known and worthy of Good Credit and by Solemn
Oath which the said Deponent then took before me
upon the Holy Evangelists of Almighty God did Sol-
emnly & Sincerely declare testify and depose to be
true the several matters and things mentioned and
Contained in the said annexed Affidavit.
{hi Faith and Testimony whereof I the
theaty of v sa id I^d Mayor have Caused the seal of
London. ( the Office of Mayoralty of the said City of
* — ■*-'* London to be hereunto put and affixed and
the Deed Poll or Instrument in Writing mentioned
and Referred to in and by the said Affidavit to be
hereunto » also annexed Dated in London the sixteenth
day of July in the year of our Lord one Thousand
seven Hundred and Sixty Seven.
Hodges.
Recorded Jan. 5th LT68. Exd. per C P.
Commission of Joseph Reed as Provincial and Prin-
cipal Surrogate of New Jersey.
From Book \n of Commissions, Secretary of state's Office, Trenton, fol. 8.]
his Excellency William Franklin Esq. Captain
General and Governor in Chief, in and over his Maj-
esty's Province of New Jersey and Territories thereon
depending in America, Chancellor and Vice Admiral
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 9
in the same, and Sole Judge of the Prerogative Court
of the said province &c. To all to whom these presents
shall come Greeting. Whereas His Majesty hath been
pleased by his Letters Patent under the Great Seal of
Britain dated at Westminster the Eighteenth day of
June in the seventh year of his Reign to appoint
Maurice Morgan Esqr. Surrogate of the Colony of New
Jersey with Power of Deputation as by the said Patent
on Record may more at large appear, And the said
Maurice Morgan Esq. having by an Instrument under
his Hand and Seal constituted Joseph Reed Esq. his
Deputy in the said Office And Whereas some Doubts
have arisen on the said Appointment and on the Power
of the said Maurice Morgan to make a Deputy as to
the Office of Surrogate: In order therefore That His
Majesty's gracious Intentions in the said Patent ex-
pressed may have full Effect within this Colony and
the Deputation of the said Maurice Morgan Esq. may
not in respect to the Surrogate's Office, be disputed I
do hereby Commissionate Authorize and Appoint you
the said Joseph Reed to be provincial and principal
Surrogate of the province of New Jersey and I by
these presents, do disallow and make void all former
Commissions heretofore granted, to Surrogates in the
said province, Giving and by these presents granting
unto you full power and Authority in my stead and
place to swear or Affirm the Witnesses to Last Wills
and Testaments, to Admit Administrations on the
Estates of Persons dying Intestate, and to Administer
the Oaths or Affirmations to Executors and Adminis-
trators, and their Accounts to State Examine and
Approve, allow and discharge and Quietus Est there-
upon to give and grant, and generally to do execute
and perform all such Acts and things as to the said
Office of Surrogate doth belong and appertain, so long
as you shall Continue Deputy to the said Maurice Mor-
gan under the Appointment aforesaid. Saving and
10 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
reserving, Nevertheless as Ordinary of the said prov-
ince all Judicial power in Controverted Cases, accord-
ing to the Usage and Custom of the said province
hereby giving and granting unto you the said Joseph
Reed the said Office of Provincial and Principal Surro-
gate of the Province of New Jersey, with all Fees,
perquisites and Emoluments, profits and advantages
to the same belonging or Appertaining or that of right
ought to belong or appertain or that legally have been
taken and received, or that of right ought to have been
taken or received by any person formerly Surrogate in
the said Province; you the said Joseph Reed being
accountable to me or the Governor and Commander in
Chief of this province for the time being, for the Seals
Affixed in the said Office, In Testimony whereof I
have hereunto set my hand and Caused the preroga-
tive Seal of the said Province to be hereunto Affixed
at the City of Burlington this nineteenth day of
November in the Eighth year of the Reign of our
Sovereign Lord George the third by the Grace of God
of Great Britain France and Ireland King Defender of
the Faith &c. Anno Domini One thousand seven hun-
dred and sixty seven.
W. Franklin.
Circular Letter from the Earl of Hillsborough, to all
///c Governors in America, informing them of his
appointment as Secretary of State for the South-
< rn Department.
I From Plantations General (S. P. O.) CCLIV, No. l.J
Whitehall Jan: 23. L768
Sir
His Majesty having been graciously pleased to ap-
piont me to be one of his principal Secretaries of State,
and to committ to my Care the Dispatch of all such
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 11
Business relative to His Majesty's Colonies in America,
as has been usually Dispatched by the Secretary of
State for the Southern Department, I have His Maj-
esty's Commands to signify this Arrangement to you,
and His Majesty's Pleasure that your Dispatches be
for the future addressed to me, conformable to the
Rule of Correspondence prescribed in His Majesty's
Order in Council of the 8 th of August, 1766, a Copy of
which is herewith transmitted to you. :
It is His Majesty's intention in making the present
Arrangement that all possible facility & Dispatch
should be given to the business of his Colonies and as
nothing can more effectually contribute to this Salu-
tary purpose than a frequent and full Communication
of all Occurrencies that may happen and a regular and
punctual transmission of all Acts and Proceedings of
Government & Legislature and of such Papers as have
any Relation thereto, I have it in Command from his
Majesty to recommend this to your particular Atten-
tion, His Majesty having observed with Concern that
this Essential part of the duty of His Officers in
America has scarcely anywhere been duly attended
to, and in several Colonies particularly in the Char-
ter and Proprietary Governments almost entirely
neglected.
I have nothing further to add but to express my
earnest wishes that by the utmost Attention & Appli-
cation I can give, I may be able to fulfill His Majesty's
most gracious Intentions, and I take the liberty to
assure you that I will not omitt to lay your Dispatches,
as soon as I receive them before the King, and to for-
ward and assist as far as I am able, your measures for
the Publick Service
I am & c
Hillsborough
1 See New Jersey Archives, IX., 566.
12 A DM i SITUATION OF GOVERNOR FRANKLIN. [1768
Letter from the Earl of Hillsborough to Governor
Franklin, relative to making provision for quar-
tering the King's troops, and expressing the King's
satisfaction with the submission of the Colonies
to the Authority of the Mother Country.
[From P. R. O. America and West Indies, Vol. 173 (191). J
Whitehall, Peb'ry 2?/: [ f768
Governor of New Jersey.
Sir,
Since the Earl of Shelburne's Letter to You, dated
the 18*? of July last, 1 Your several Letters to His Lord-
ship, N" 3. 4. 5. have been received, and laid before
the King.
The Law passed in June last for making Provision
for quartering His Majesty's Troops, is before the
Lords of Trade for their Consideration, and it will be
a great Satisfaction to His Majesty, if upon their
Lordships Examination of it, It shall be found to be
conformable to what has been directed in that Case
by Act of Parliament."
The very becoming Testimonies which have been
lately given by almost all His Majesty's Colonies of
their dutyfull Submission and Obedience, to the Laws
and Authority of the Mother Country, have given His
Majesty the greatest Satisfaction, & cannot fail of
restoring that mutual Confidence so essential to the
Interest and Welfare of both.
As the future Disposition of His Majesty's Troops in
New Jersey Archives, IX., 686.
- This ■ cl traa passed June 84, 1767. Allinson's Laws, 800-1. The Board of Trade
recommended Its repeal, June 10, 1708, and it was repealed by the Sing in Council,
! L768. See post, under these dates. See also N. J. Archives, ix.. 576,
note.— [W. N.|
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. VA
America; will very soon come under the Consideration
of the King's Servants, 1 I shall not fail on this Occa-
sion to have a proper Attention to what is suggested
by You in respect to the Dissatisfaction arising from
the Inequality of the Expence attending the Manner
in which they are at present stationed.
The Attention which has always been given by the
Commander in Chief of His Majesties Forces in
America, to establish good Order & Discipline, leaves no
room to doubt, but that every Irregularity & improper
Behaviour, either of the Officers or Soldiers, would,
upon a proper Complaint, be severely punished, and
therefore, it can never with Reason be urged, that the
Injuries sustained by the disorderly Behaviour of the
Soldiers, counterbalance the Advantages which the
Colonies receive from the Money which is spent
amongst Them.
I am &c?
Hillsborough.
An Account of His Majesty's defacing in Council the
old Seals of several of the Islands and Colonies
in America.
[From P. R. O. B. T., Plantations General, Vol. 30 (28), V. 3.]
At the Court at S? James's the 20i H day of
April, 1768.
Present
The King's most Excellent Majesty in Council
Whereas there was this Day laid before His Majes-
ty in Council pursuant to His Majesty's Orders in
Council and Warrants the old Seals which have been
1 Under date of October 22, 1767, Governor Franklin had suggested that England
should " appropriate some of the Monies arising out of the Revenues of the Crown
in America, and the Defraying of those Expences for the future." — N. J. Archives,
IX., 643.-[W. N.l
14 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
received from the following Islands and Colonies in
America in Order to their being Defaced Viz* Jamaica,
Barbados, Leward Islands, South Carolina, Georgia,
Nova Scotia, New York New Jersey and Massachusetts
Bay And his Majesty was pleased to Deface the said
Seals accordingly.
Circular Letter from the Earl of Hillsborough to the
Governors in America, relative to a flagitious at-
tempt to disturb the public peace.
[From New York Colonial Documents, Vol. VIII., p. 58.]
Whitehall, Aprill, 21. 1768
Sir
I have his Majesty's Commands to transmit to you
the enclosed copy of a letter from the Speaker of the
House of Representatives of the Colony of Massachu-
setts Bay, addressed by order of that House to the
Speaker of the Assembly of each Colony upon the
Continent of North America,
As his Majesty considers this Measure to be of a
most dangerous & factious tendency calculated to in-
flame the minds of his good Subjects in the Colonies
to promote an unwarrantable Combination and excite
and encourage an open opposition to and denial of the
Authority of Parliament, & to subvert the true prin-
ciples of the Constitution; It is his Majesty's pleasure
that you should immediately upon the Receipt hereof
exert your utmost influence to defeat this flagitious
attempt to disturb the Public Peace by pit vailing upon
the Assembly of your Province to take no notice of it,
which will be treating it with the contempt it deserves.
The repeated proofs which have been given by the
Assembly of - - of their Reverence and respect for
the laws. ami of their faithful Attachment to the Con-
1768] ADMINISTRATION OP GOVERNOR FRANKLIN. 15
stitution, leave little Boom in his Majesty's Breast to
doubt of their shewing a proper Resentment of this un-
justifiable Attempt to revive those distractions which
have operated so fatally to the prejudice of this King-
dom and the Colonies; and accordingly his Majesty has
the fullest confidence in their Affections But if not-
withstanding these expectations and your most earnest
endeavors, there should appear in the Assembly of
your Province a disposition to receive or give any
Countenance to this Seditious Paper, 1 it will be your
duty to prevent any proceeding upon it by an imme-
diate Prorogation or Dissolution.
I am & ca
Hillsborough.
Commission of Daniel Smith, Jr., as Surveyor-Gen-
eral of. West Jersey.
[From Book AB of Commissions, Secretary of State's Office, Trenton, fol. 11.]
To all to whom these Presents shall come. We
Abraham Hewlings Vice President, John Monrow,
John Hinchman, Daniel Ellis, and William Hewlings,
a Majority of the Council of proprietors of the Western
Division of the Colony of New Jersey send Greeting
1 This circular letter of the Massachusetts Assembly is printed in full in the Penn-
sylvania Archives, Vol. IV., 1st Series, p. 286. It conveys in the most respectful lan-
guage the sentiments of the Assembly in regard to the operation of the several
acts of Parliament imposing duties and taxes on the American Colonies. It asserts
that His Majesty's American subjects have an equitable claim to the full enjoy-
ment of the fundamental rules of the British Constitution; that in this Constitution
is engrafted as a fundamental law the unalterable right in nature, that what a man
has honestly acquired is absolutely his own, which he may freely give, but cannot
be taken from him without Ms consent; that the American snbjects may, there-
fore, exclusive of any consideration of charter rights, with a. decent firmness,
adapted to the character of free men and subjects, assert this natural constitu-
tional right; that it was, moreover, the humble opinion of the Assembly, expressed
with the greatest deference to the wisdom of Parliament, that the acts made there
imposing duties on the people of that Province, with the sole and express purpose
of raising a revenue, are infringements of the natural constitutional rights, because
as they are not represented in the British Parliament. His Majesty's Commons in
10 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Know Ye that by virtue of the Powers and priviledges
to the General Proprietors of the said Western Division
of the said Colony granted by his late Majesty King
Charles the Second by his Letters Patent under the
Great Seal of England And in pursuance of the Trust
and Power lodged and 'reposed in us and in our Suc-
cessors, Councillors Elected by the said General Pro-
prietors by the Original Concessions We have Consti-
tuted and appointed, and by these presents do Consti-
tute and appoint Daniel Smith junior 1 of the City of
Britain by those acts grant their property without their consent; that were the
right of Parliament ever S3 clear, yet for obvious reasons it would be beyond the
rules of equity that their constituents should be taxed on the manufactures of
Great Britain, in addition to the duties they pay for them in England, and other
advantages arising to Great Britain from the Acts of Trade.
In this circular letter it is also stated that the House of Assembly had, in an
humble, dutiful and loyal petition to His Majesty, submitted it to consideration
whether any people can be said to enjoy any degree of freedom, if the Crown, in
addition to its undoubted authority of constituting a Governor, should also appoint
him such a stipend as it shall judge proper, without the consent of the people, and
at their expense ; and whether, while the judges of the land, and other civil officers
in the Province, hold not their commissions during good behavior, their having
salaries appointed by the Crown, independent of the people, hath not a tendency
to subvert the principles of equity and endanger the happiness and security of the
subject.
The circular further states that the Assembly had in a letter to their Agent in
England directed him to lay before the ministry Ithe hardship of the act for pre-
venting mutiny and desertion, which requires the Governor and Council to provide
enumerated articles for the King's marching troops, and the people to pay the ex-
pense, and also the commission appointing Commissioners of the Customs to reside
in America, which authorizes them to make as many appointments as they think tit.
and to pay the appointees what sums they please, for whose mal-conduet they are
not accountable, from whence it may happen that officers of the Crown may be
multiplied to such a degree as to become dangerous to the liberties of the people,
by virtue of a commission which doth not appear to the House to derive any such
advantages to trade, as many have been led to expect.
The circular concludes with an expression of the House in " their firm confidence
in the King, our common head and father, that the united and dutiful supplica.
tions of his distressed American subjects will meet with his royal and favorable
acceptance."
Such is i he circular which Lord Hillsborough denounces as a " seditious paper,"
declaring it to be the duty of the Governors of the Provinces to prevent any pro-
ceedini upon it.
Hamkl Smith, Jr., was the second son of Robert Smith, of Burlington; he
called himself "junior" during the life time of his uncle, Daniel Smith. "He was
a man of extensive reading, gentle, affectionate and religious in his disposition, bu1
by no means devoid of energy. On the contrary, being chosen to the office of
Surveyor-General, he filled n many years with great ability, lie was a real estate
lawyer and veyancer by profession, and occupied during his life, the venerable
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 17
Burlington Gentn. our Surveyor General of the Lands
in the Western Division of the said Colony, giving and
hereby granting unto him the said Daniel Smith full
Power and Authority to do and perform all and every
Duty and Duties to the said Office belonging by him-
self or his lawfull Deputies, recommended by us or our
Successors in Council: and to take and receive all such
Fees Profits and Advantages as to the said Office do
and shall hereafter appertain or of right ought to belong
to have and to hold the said Office of Surveyor General
of the Lands of the said Western Division of the Colony
of New Jersey to him the said Daniel Smith for and
during the Term of three years next ensuing In testi-
mony whereof We have hereunto set our Hands and
caused the Seal of the Proprietors of said Division to
be hereunto Affixed this fourth day of May in the
Eighth year of the Reign of King George the third
Annoq. Domini One thousand seven hundred and
sixty eight 1768. Abrm. Hewlings Vice Prst. : John
Monro w: Jno. Hinchman : Daniel Ellis: Wm. Hew-
lings; Recorded 28th May 1768.
Endorsed. Memorandum on the 21st May 1768
Daniel Smith Junr. in the within Commission named
appeared before me Charles Read Esq. thereto duly
authorized and took the Qualifications and made and
subscribed the declarations enjoined by Law, and an
Affirmation for the true and Impartial Execution of
the within Commission.
Chas. Read.
mansion at Broad and Main streets (Burlington), built by his grandfather, Daniel
Smith, of Bramham, and in which his father and his eldest uncle had also resided
Some of his verses, still remaining, show a genuine, though unpretending, vein of
poetry, while in his profession of real estate law he left his mark very distinctly
upon the history of the land-titles of his county."— The Smiths of Burlington, a
Family History, Philadelphia, 1877. 117.— [W. N.]
AI» MINISTRATION OF GOVERNOR FRANKLIN. [17G8
Address and Petition of the Assembly of New Jersey
to the King, praying relief from Acts of Parlia-
„,, nl imposing a duty on them for the purpose of
raising a revenue.
|From P. R. O. America and West Indies, Vol. 173 (191). |
Most Gracious Sovereign,
We your Majesty's loyal Subjects, the Representa-
tives of your Colony of New Jersey, confiding in your
Majesty's paternal Affection for your People, humbly
implore Permission to approach the Throne, and to
present our Supplications in Behalf of ourselves and
our Constituents, your Majesty's faithful and afflicted
Subjects.
Before that happy Period, in which the Empire of
the British Dominions was by the favour of Divine
Providence, for the Felicity of those Dominions, and
of Europe in general, established in your illustrious
House, our Ancestors with the Consent of the Cicw n
removed from their native Land, then abounding in
all Blessings, but that perfect Security of Liberty, and
that merciful Spirit of Administration, which renders
your royal Family so justly dear to your remotest Sub-
jects ventured with their helpless Relatives through a
vast Ocean, and trusted themselves with their tender
( lompanions to the inhospitable and unknown Wilder-
ness of this new World, the Horrors of which no Con-
sideration could render tolerable, but the Prospect of
enjoying hero that complete Freedom, which Britons
never thought could be purchased at too great a Price.
The Subjects thus emigrating, brought with them
as inherent in their Persons all the Rights and Liber-
ties of Natural born Subjects within the Parent State,
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 19
In Consequence of these a Government was formed,
Under which they have been as constantly exercised
and enjoyed by the Inhabitants, and repeatedly and
solemnly recognized and confirmed, by your royal
Predecessors and the Legislature of Great Britain.
One of these Rights and Liberties, vested in the
People of this Colony, is the Priviledge of being exempt
from any Taxation, but such as is imposed on them by
themselves or by their Representatives, and this they
esteem so invaluable, that they are fully persuaded,
no other can exist without it.
Your Majesty's signal Distinction is, that you reign
over freemen; and your peculiar Glory, that you reign
in such a Manner, that your Subjects, the disposers of
their own property, are ready and willing whenever
your Service calls upon them, with their Lives and
Fortunes to assert your Cause.
Your People of this Colony, who share in the Bless-
ings flowing from your Wisdom and Virtue, most
gratefully sensible of their Obligations to so excellent
a Prince, humbly hope, they never have been deficient
in duely acknowledging them. Whenever it has been
necessary that Supplies should be levied within this
Colony, Requisitions by your Majesty or by your royal
Predecessors conformable to the Rights and Liberties
of this your People have been made, and by them
loyally and liberally complied with.
We beseech your Majesty to do them the Justice to
believe, that they can never fail on any future Occa-
sion to demonstrate their Devotion to your Majesty,
nor that they can resign without unutterable shame
and Grief, the Honour and Satisfaction of voluntarily
and cheerfully expressing, in the strongest Manner their
Circumstances will admit, their unfeigned affection to
your Majesty's Person, their distinguished Duty to
your Government, and their inflexible Resolution to
maintain your Authority, and defend your Dominions.
20 ADMlSTSTRATIOSf OF GOVERNOR FRANKLIN. [1768
Penetrated, with these Sentiments, this your People
with the Utmost Concern and Anxiety observe, that
Duties have been lately imposed on them by Parlia-
ment, for the sole and express Purpose of raising a
Revenue, This is a Taxation upon them, from which
they conceive they ought to be protected by that
acknowledged Principle of the Constitution, That
Freemen cannot be legally taxed but by themselves or
by their Representatives; and that they are represented
in Parliament, they not only cannot allow, but are
convinced, that from their local Circumstances they
never can be.
Very far is it from our Intention to deny our Subor-
< I in: i lion to that august Body, or our Dependance on
the Kingdom of Great Britain. In these Connexions
and in the Settlements of our Liberties under the
auspicious Influence of your royal House, We know
that our Happiness consists and therefore to confirm
those Connexions and to strengthen this Settlement,
is at once our Interest, Duty, and Delight. Nor do
We apprehend, that it lies within our Power, by any
Means more effectually to promote these great Pur-
poses, than by zealously striving to preserve in Perfect
Vigor those sacred Rights and Liberties, under the
inspiriting Sanction of which, inconceivable Difficul-
ties and Dangers opposing, this Colony has been res-
cued from the rude state of Nature, converted into a
populous flourishing and valuable Territory and has
contributed in a very considerable Degree to the Wel-
fare of Great Britain.
Most Gracious Sovereign,
The Incessant Exertion of your truly royal cares, to
procureyour People a Prosperity equal to your Love
of them, encourages Os with all Humility to pray,
thai your Majesty's Clemency will be graciously
pleased, to take into Consideration our unhappy Cir-
1768] ADMINISTRATION OF GOVERNOR FRANKLIN*. 21
cumstances, and to afford us such Relief as your Maj-
esty's Wisdom shall judge to be most proper,
By order of the House
Cortlandt Skinner Speaker
House of Assembly of New Jersey May 6V L768.
Letter from the Speaker of the House of Burgesses in
Virginia to the Speaker of the House of Repre-
sentatives in New Jersey, calling upon the House
to join the Union in order to take steps to assert
their constitutional Liberty.
[From P. R. O. America & West Indies, Vol. 171 (192).]
Virginia, May th , 17<;s,
Sir
The House of Burgesses of this Colony having very
Attentively Considered several late Acts of the British
Parliament, and being of Opinion that they Manifestly
tend to Deprive the Inhabitants of the Colonys of
their essential Rights and privileges, have thought it
their Duty as Representatives of a free people to take
Every Regular Step to assert that Constitutional Lib-
erty on the Destruction of Which those laws seem to
be Erected.
They have therefore thought proper to represent
that they are sensible of the Happyness & Securyty
they Derive from their Connexions with & Depend -
ance on Great Brittain and are under the Greatest
Concern that any unlucky Incident should interrupt
that Salutary harmony, which they wish Ever to sub-
sist. They Lament that the remoteness of their Situ-
ation often exposes them to such misrepresentations
as are apt [to] involve them in Censures of Disloyalty to
their Sovereign and the want of a proper respect to
22 ADMINISTRATION OF OOVERNOR FRANKLIN. [1768
the British parliament. Whereas they have Indulged
themselves in the agreeable perswasion that they
ought to be Considered as inferior to none of their fel-
low subjects in loyalty & affection.
That they Do not affect an independancy of their
parent Kingdom the prosperity of which they are
bound to the utmost of their abilities to promote but
Cheerfully acquiesce in the Authority of Parliament
to make laws for preserving a necessary Dependance &
for Regulating the trade of the Colonys Yet they Can-
not Conceive and humbly insist it is not essential to
support a proper Relation between a mother Country
& Colonies transplanted from her, that She Should
have a right to Raise Money from them Without their
Consent, and presume they Do not aspire to more than
the Natural Rights of British Subjects when they as-
sert that no power on Earth has a right to impose taxes
on the people or to take the Smallest portion of their
propertys without their Consent given by their repre-
sentatives in Parliament. This has ever been Consid-
ered as the Chief Pillar of the Constitution. With-
out this Support no Man Can be said to have the
least Shadow of liberty since they can have no prop-
erty in that which another can by right take from
them when he pleases without their Consent. That
their Ancestors brought over with them entire &
i riiisinitted to their Descendants the Natural and Con-
stitutional rights they had enjoyed in their native
Country, and the first principles of the British Consti-
tution were early engrafted into the Constitution of
the Colonics Bence a Legislative authority essential in
all free states was Derived and assimilated as nearly
as might be to that in England the executive power ec
the Right of assenting or Dissenting to all laws Re-
served to the Crown & the privileges of Choosing
their own Representatives Continued to the peopled
Confirmed to them by repeated and Express Stipula-
1768] ADMINISTRATION" OF GOVERNOR FRANKLIN. 23
tions. The Government thus established they Enjoyed
the fruit of their own Labour with a serenity which
Liberty only can Impart, Upon pressing Occasions
they Applyed to his Majesty for relief & Gratefully
acknowledge they have frequently received it from
their mother Country; whenever their assistance was
Necessary Eequisitions Have constantly Been made
from the Crown to the Representatives of the people
who have Complied with them to the utmost extent of
their abilities. The ample Provision made for the
support of the civil Government in the reign of King
Charles the Second & at his request & the large Sup-
plies voted During the Last War upon requisitions from
his Majesty & his royal L Grandfather afford Early &
late instances of the Disposition of the Assemblies of
this Colony & are Sufficient proofs that the parlia-
ment of Great Brittain Did not till lately Assume a
power of imposing taxes on the people for the purpose
of Raising a revinue, To say that the Commons of
Great Brittain have a right to Impose Internal Taxes
on the Inhabitants of the Continent who are not and
Cannot be Represented is in Effect to bid them prepare
for a State of Slavery what must be their Situation
Should such a right be established?
The Colonies have no Constitutional check on their
liberty in Giving away their money Cannot have an
oppertunity of Explaining their grievances or pointing
out the Easiest method of taxation; for their Doom
will Generally be Determined Before they are ac-
quainted that the subject has Been agitated in parlia-
ment and the Commons Bear no proportion of the
taxes they Lay upon them. The notion of a virtual
representation which would render all our Rights
merely ideal has been so often & so Clearly refuted
that nothing need be said on that head. The oppres-
sive stamp Act Confessedly imposed Internal taxes
and the late acts of Parliament giving & granting cer-
24 ADMINISTRATION OF GOVEBNOB FRANKLIN. [1768
tain Duties in the british Colonies plainly tend to the
same point, Duties have Been imposed to Restrain
the Commerce of one part of the Empire that was
likely to prove injurious to another & by these means
the Wellfare of the whole promoted But Duties Im-
posed on such of the British exports as are neces-
sarys of Life to be paid by the Colonists on Importa-
tion without any View to the Interest of Commerce
but merely to raise a revenue or in other words to
Compel the Colonists to part with their money against
their Inclinations they Concieve to be a tax internal to
all Intents & purposes. And can it be thought just
or reasonable restricted as they are in their trade Con-
fined as they are in their Exports obliged to purchase
these very necessaries at the British Market that they
shou'd now be told they shall not have them without
paying a Duty for them.
The Act suspending the Legislative power of New
York they consider as still more alarming to the Col-
onies tho' it has that single province in View. If the
parliament Can Compel them to furnish a Single Arti-
cle to the troops sent over they may by the same rule
oblige them to furnish Cloaths Arms & Every other
necessary even the pay the Officers & Soldiers a Doc-
trine replete with Every mischief & Utterly Subver-
sive of all thats Dear & Valuable for what advantage
can the people of the Colonies Derive from their Right
of choosing their own Representatives if those Repre-
sentatives when Chosen not permitted to Exercise
their own Judgments, were under a necessaty (on pain
of being Deprived of their Legislative authority) of
inforcing the Mandates of a British parliament * *
This Sir is a sketch of their Sentiments as they are
Expressed in a petition to his Majesty, a memorial
to the Right Honourable the Lords Spiritual and tem-
poral in parliament assembled in a Remonstrance to
the Knights Citizens & Burgesses of Great Brittain in
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 25
Parliament assembled; In all these Proceedings the
Council of this Colony have Conceived & have Directed
their Agent James Abercrombie Esq" to join Edward
Montague Esq r the agent for his Colony in applying
for redress of the Grievances they so Justly Complain
of; Coppies were Delivered to the president who is
Desired to transmitt them to the Secretary of State
appointed by his Majesty to manage the affairs of
North America and M. r Montague is enjoined to Con-
sult the Agents of the other Colonies & to Cooperate
with them in Every measure that shall be thought
Necessary on this Delicate point. This House hope
they have Expressed Themselves on this Occasion
with a ffirmness that Becomes free men pleading for
fundamental rights & with 'a Decency that will Ex-
empt them from any Imputation of faction or Disloy-
alty; They have made known their proceedings on
this subject with a view that the Representatives of
your province being acquainted with them may go
hand in hand in their opposition to measures which
they think have an immediate tendency to inslave
them & are perswaded the Candour of your respecta-
ble House will Consider it in no other light; They are
not without hopes that by a hearty union of the Col-
onies the Constitution may be again established on its
own genuine principles an End Equally to be Desired
both by the Mother Country & her Colonies.
In the name & by order of the House of Burgesses,
I am with the greatest respect
Your most obedient hum'. e Serv 1
Peyton Randolph, Speaker.
20 ADMIN rsTUATION OF GOVERNOB FRANKLIN. [1708
Representation from the Board of Trade to the King,
recommending the repeal of an Act to appoint
Commissioners for supplying the several Bar-
racks, etc.
[From P. R. O., B. T., New Jersey, Vol. 17, p. 206.1
Whitehall, June 10, 1768.
To the Kings most Excellent Majesty.
May it please your Majesty,
Amongst the Laws passed in your Majesty's Colony
of New Jersey in Juno 1767, intituled,
" An Act to appoint Commissioners for supplying
" the several Barracks erected in the Colony of New
" Jersey with Furniture and other Necessary's for
" accommodating the King's Troops in, or marching
4k thro' the same, for supplying Deficiencies, and De-
" fraying other incidental Charges." Whereupon we
beg leave humbly to represent.
Thai by an Act of Parliament passed in the fifth
year of your Majesty's Reign, "for amending the
" Mutiny Act, and for rendering it more effectual in
"your Majesty's Dominions in America;" various
Regulations and Directions are laid down relative to
the quartering your Majesty's Troops in the Colonics.
the mode pointed out in which that Service is to be
provided for. and the Articles enumerated of which
those supplies are to consist. In the provincial Law
now submitted to your Majesty, the nomination of the
Commissioners for furnishing and supplying the Bar-
racks in your Majesty's Colony of New Jersey is made
the Ad of the general Legislature, deviating thereby
from the directions of the Acl of Parliament, which
empowers the Governor and Council to authorize and
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 27
appoint those Commissioners, and upon neglect or
refusal of such Governor and Council vests that nom-
ination and appointment in any two or more Justices
of the Peace, residing in or near such place, where
your Majesty's Troops shall be quartered.
Another Provision, wherein this Law appears to us
not strictly comformable to the Act of Parliament, is
with respect to the Articles wherewith it is directed
that your Majesty's Troops shall be supplied; These
are particularly enumerated in the Act of Parliament,
and, are as follows, viz t Fire, Candles Vinegar, and
Salt, Beding, Utensils for dressing their Victuals, and
small Beer or Cyder, (not exceeding five Pints) or half
a Pint of Rum mixed with a Quart of water to each
Man; The Provincial Law does not recite the above
particulars as enumerated in the Act of Parliament,
but directs only that your Majesty's Troops shall be
provided with Fire, Wood Bedding Blankets and other
necessaries which have been heretofore usually fur-
nished to the several Barracks in this Colony; And by
a separate Clause further enacts that they shall be pro-
vided with Vinegar and small Beer the latter of which
is limited to a less Quantity for each Man per Day than
is prescribed by the Act of Parliament.
There is another Clause likewise, which provides
that the Money thereby given shall not be applied to
purchasing Necessaries for more than one Regiment in
the Colony at any one time except during the time of
relieving the Regiment quartered therein.
For these Reasons we do now, (as we did in the Case
of a Law of the like nature passed in this Colony in
the year 1766.) find ourselves under the repeated neces-
sity of Laying the above Act before your Majesty for
your Royal Disallowance.
Which is most humbly submitted.
Clare. Soame Jenyns.
w" fltzherbert. tho ! robinson.
28 VDMINISTRATION OF GOVERNOR FRANKLIN. [1708
Governor Franklin to Charles Read — The Case of
John Wilkes — Benjamin Franklin's Accounts.
rFrom the original among the MSS. of William Nelson.]
Burlington June 13, 1768.
Dear Sir
I receiv'd your Favour by M* Smith for which I am
much oblig'd to you.
The Packet is arriv'd, but has brought no extraordi-
nary News. By a Letter from Lord H. 1 I find that the
Ministry greatly resent the circular Letter sent by the
Speaker of Massachussets Ass? to the several Speakers
on the Continent. — Wilkes" surrendered himself to the
Court of K. Bench at Westminster, but the Court deter-
mined that they could not take Cognizance of his Out-
l.iwiv, as it did not come regularly before them, a
Writ of Capias Utlagatum not being issued, nor had
he surrendered himself to the Sheriff. But it is after-
wards mentioned in the Papers that the abovement a
Writ has been since serv'd upon him, & the Legality
of his Outlawry would be soon determin'd. — This is all
the News of any Consequence in the Papers.
My Father has, I suppose, left England by this
Time. — He writes me that he has lately rec'? Nine
Pounds 19s & 94 being the Ballance of Mr. Sherwood's'
1 Lord Hillsborough. The reference is doubtless to the circular letter of April 31.
- Tin- notorious John Wilkes, whose arrest for libel on a general warrant, April
.'!0. 1763, and his subsequent audacity in defying the officers of the Crown the
Courts and Parliament, by all of whom he was unduly persecuted, in the view of
the people (the Government spending 8100,000 in prosecuting him), made him a
hen i in the eyes of a London mob, so that in 1768, although an enforced exile, he
was nearly elected to Parliament for London, and directly after was actually
chosen For Middlesex. Presenting himself before the Court of King's Bench on bis
outlawry, the Court tried to evade the question, intimidated, it was thought, by the
mob. but he was presently committed on a capias utlagatum (a writ of out-
lawry), was rescued by the mob, again surrendered himself and had his outlaw ry
reversed, but was sentenced to twenty-two months" imprisonment and E1,000 ftne.
tfay'a Constitutional Hist. England, Chapters vii. xi; Works of Benjamin Frank-
lin, byJared Sparks, Boston, 1840, VTL, 100, 103, U8.— [W. N.].
J Joseph Sherwood, New Jersey's Provincial Agent in England.
17G8] ADMINISTRATION OF GOVERNOR FRANKLIN. 29
Ace* with you, which he desires me to pay you: you
will therefore charge me with that Sum. The Ace* is
enclos'd. I should be glad to have your Ace* with me
settled as soon as you conveniently can.
I am, with much Esteem,
Dear Sir, Your most obed* Serv'
W 1 " Franklin.
[Addressed: "To The Hon ble Charles Read, Esqr "
Endorsed in another hand: " Governor Franklin Ord rs
my Father to Charge him £0:9:4."]
[Enclosure:]
Benjn. Franklyn Esqr. on account of Charles Read with Jos: Sherwood.
Br.
To Bill for Business done
To Ballance due to B.
Franklyn - - - -
Cr.
17G7. By Cash received
Letter from Governor Franklin, to Secretary Hills-
borough, giving am account of the manufac-
tures, produce and trade of New Jersey. '
[From P. R. O. America and West Indies, Vol. 173, (191).]
The Right Hon hle the Earl of Hillsborough.
" Burlington, New Jersey, June Uth, 1768.
My Lord,
Your Lordships Letter. N. 3, enclosing a Duplicate
of the Address to His Majesty from the House of
Commons of the 27 th of March 176G I have had the
1 Writing to his son, the Governor, under date of March 13, 1708, Benjamin
Franklin says: " Mr. Grenville complained in the House, that the Governors of
New Jersey, New Hampshire, East and West Florida, had none of them obeyed the
orders sent them, to give an account of the Manufactures carried on in their re-
spective provinces. Upon hearing this, I went up after the House was up, and got
a sight of the reports made by the other Governors. They are all much in the same
strain, that there are no manufactures of any consequence. * * * These
accounts are very satisfactory here, and induce the Parliament to despise and take
30 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Honor to receive. The Lords Commissioners for
Trade & Plantations did, as your Lordship mentions,
transmit to me a Copy of that Address, which I re-
ceiv'd in Dec!" 1766; and it appears, by my Letter
Book, that in January 1767 I sent their Lordships an
Account of the Manufactures of this Colony, and at
the same Time sent the like Account to M r Lowndes
Secretary to the Treasury. ' The Occasion of my Sending
it to the latter was, my having apprehended that in a
Letter I had received from him, and which was then
mislaid, he had signified that the Lords Commission-
ers of His Majesty's Treasury likewise required such
an Account to be transmitted to them: But this I
afterwards found to be a Mistake.
As to the Manufactures in this Colony, I can assure
your Lordship, that there are none either of woolen or
Linen which deserve to be calFd by that Name. It is
true that many Families who live on Farms make
some coarse Cloathing for themselves or Servants, but
it is by no means sufficient for. their Consumption.
And tho' a considerable Number of People have, since
the Affair of the Stamp Act, gone more into the
Raising of Sheep than before, and have puff'd away in
the News Papers of what great Matters they had done
in that Way, yet it appeared by an exact Return of
the several Species of Property, such as Horses, Cat-
no notice of the Boston resolutions. I wish you would send your account before
the meeting of the next Parliament. Youhave onlyto report a class house for
coarse window glass and bottles, and some domestic manufactures of linen and
wool, n for family use, that do not half clothe the Inhabitants, all the finer goods
coming from England and the like. I believe you will be puzzled to find am other,
though I see great puffs in the papers." Works of Benjamin Wanklin, Vil., 898.
The glass house referred to was doubtless thai established by Caspar x . v
1738, on Alloway Creek, Salem county, and carried on after his death in I .
son, Richard, until 1781, and for some time thereafter by the latin's son,John
Wistar. Visitors used to journey many miles to see the rare and interesting si^ht
iss factory.— B. M. Acton, in Penn. Hist. Magazine, for October, 1885,344.
The information desired by Mr. Gtrenville had Keen ask< d for by the Lords of Trade
in a dispatch of &ugus1 1, 1766. .V. J. Archivi s, IX. . 568. [W. N
1 Neither Of these reports has been found.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 31
tie, Sheep, &c. which was laid before the Assembly in
April last, that there were not Three Pounds of Wool
for every House even in those Counties which had
gone most into the Raising of Sheep. So that when
the Numbers that each Family consists of is consid-
ered, it is evident that there is not Wool enough pro-
duced to supply the Inhabitants with Stockings.
There are in this Colony Eight Blast Furnaces for
the making of Pig-Iron, and Forty-two Forges for
beating out Bar-Iron. There are likewise One Slitting-
Mill, One Steel -Furnace, and one Plating-Mill, which
were erected before the Act of Parliament respecting
those Works. I am told that none of the three latter
are carried on with Vigor, and that scarce anything
has been done at the Steel- Furnace for several Years
past.
A Glass House was erected about Twenty Years
ago in Salem County, which makes Bottles, and a very
coarse Green Glass for Windows, used only in some
of the Houses of the poorer Sort of People, The
Profits made by this Work have not hitherto been
sufficient it seems to induce any Persons to set up
more of the like kind in this Colony; but since the late
Act of Parliament laying a Duty on Glass exported
to the Colonies, there has been a Talk of erecting
others, but I cannot learn that any are yet begun. It
seems probable that, notwithstanding the Duty, Fine
Glass can still be imported into America cheaper than
it can be made there. Nothing but Grain and Lum-
ber, Pig and Bar Iron are manufactured here for
Exportation. Great Part of the two last are sent to
Britain.
All the finer kind of Goods consum'd here are im-
ported from Great Britain (except some Linen from
Ireland) into the Ports of New York or Philadelphia.
There are indeed but few articles but what may now
be imported and sold cheaper than they can be manu-
factured here, owing to the high Price of Labour.
32 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Some Persons, indeed, out of a Zeal for what they
conceive to be for the good of their Country, have
ever since the Commencement of the late Differences
between the Mother Country and the Colonies, per-
severed in wearing and encouraging their own Manu-
factures, tho' to their manifest Loss in many Cases.
How long this Temper may continue is uncertain, but
in my Opinion, the Mother Country has very little to
apprehend from any Manufactures in the Colonies,
while there continues to be Plenty of Land for the
People to settle on as Farmers, more especially if they
were at the same Time allowed a moderate Quantity of
Paper Currency to be issued on Loan as formerly.
This, as Experience has evinced, would contribute
more to the promoting of new Settlements, and the
Consumption of British Manufactures, than any other
E x i x idien t whatever.
I have the Honor to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient, & most humble Servant
W 8 ? Franklin
From Governor Franklin to Secretary Hillsborough,
relative to the New Jersey Act of L767, for quar
tering the troops.
[From P. R. O., America and Wost Indies, Vol. 173 (191). |
Burlington, New Jersey, June 14'!', 17<is.
The R l Hon ble E. of Hillsborough.
My Lord,
1 was lately honored with your Lordship's letter, X"
^informing roe that the Law passed here in June,1767,
formaking Provision for Quartering His Majesty's
Troops, was then before the Lords of Trade for their
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 33
Consideration. I have not yet heard whether their
Lordships reported in its Favour or not. They will
probably make the same objections to the Mode in
which that Provision is made as they did to the former
Act. But there was no Possibility of having it altered
in that Respect, and I was obliged at the last Sessions
of Assembly either to consent to just such another Act
for the current Year, or to let the King's Troops be
unprovided with the Necessaries required by Act of
Parliament. The only Difference indeed is about the
Mode, not the Essentials, for the Assembly does not
refuse to furnish the Troops with every Article re-
quired by the Act, but they insist on doing it in their
own Manner, and as has been heretofore customary in
this Province. The Council, when the last Bill came
before them, amended it so as to make it comf ormable
in every respect to the Act of Parliament, but the
House unanimously refused to admit the Amend-
ments, and adhered to their Bill; so that the Council,
rather than His Majesty's Troops should suffer,
receded from their Amendments, and advised me to
pass the Bill as it was tendered; which I accordingly
did, induced, as they were, by the Urgency of the
Occasion.
All the Acts passed at the last Session, held at Am-
boy in April and May last, together with the Minutes
of Council, are now Copying, and will be transmitted
to your Lordship by the next Opportunity. The
printed Minutes of the Assembly I send herewith.
By Advice of the Council, I dissolv'd the Assembly
by Proclamation, soon after the last Session, and
issued Writs for a new Election, returnable the 25*?
of this Month.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient & most humble Servant
W" Franklin
3
34: ADMINISTRATION OF GOVERNOR FRANKLIN. [1708
Letter from Governor Franklin to Secretary Hills-
borough, relative to a letter from the Speaker of
the House of Representatives of Massachusetts
Bay.
[From P. R. O., America and West Indies, Vol. 173 (191).l
Burlington, June 1<>, 1768.
The Right Hon ble the Earl of Hillsborough.
My Lord,
I am just honoured with your Lordships Letter, N n
6, dated the 21st. of April last, enclosing a Copy of a
Letter from the Speaker of the House of Representa-
tives of the Colony of Massachusets Bay, addressed to
the Speaker of the Assembly of Each Colony in North
America. It never fell in my Way to see a Copy of
that Letter before, nor did I know that such a Letter
had been receiv'd by the Speaker of the Assembly of
this Colony, till I saw it mentioned on their Minutes
that such a Letter had been laid before the House,
and that a Committee was appointed to prepare &
bring* in a Draft of a Letter in Answer thereto. I
then made Enquiry concerning it, and learnt that it
was not likely to have much Weight with the Assem-
bly. And tho' a Committee was at first appointed to
answer the Letter, yet I cannot find that any such
Answer was ever sent, or even prepared. The House,
however, agreed, that an humble, dutiful, & loyal
Add icss to His Majesty, respecting the late Acts of
Parliament imposing Duties on the Colonies, should
be prepared and transmitted to the Agent, to be pre-
sented by him, which was accordingly done, as ap-
pears by their Minutes; but I never saw it till the
Minutes were printed. On the whole, I have no rea-
son to believe t hat there is at present a Disposition in the
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 35
People of this Colony to enter into any unwarrantable
Combination with the Massachusetts Assembly; I shall,
however, not fail to be on my Guard, and use my
utmost Endeavors to prevent any Thing which may
have that Tendency.
I am with the greatest Respect,
My Lord, Your Lordship's
most obedient & most humble Servant
W* Franklin
Circular Letter from the Earl of Hillsborough to the
Governors in America, directing them to transmit
their duplicates by the first opportunity that
offers.
[From New York Colonial Documents, Vol. VIII, p. 82.]
Whitehall, July 11, 1768.
Sir
As I observe it frequently happens that intelligence
of Public Transactions in the Colonies is received by
private Persons in this City long before any Official
Communication of it comes to me, for his Majesty's
Information, I conceive this Inconvenience must arise
in great measure from his Majesty's Governors not
availing themselves of such casual Opportunities of
Writing by private Ships as frequently happens, but
confining themselves to the Channel of the Packets
only; for this reason I desire that you will for the fu-
ture send your Dispatches by the first opportunity
that offers, and Duplicates of them by the next Packet,
or in case the Packet shall be the first Opportunity
that offers, then you will send your Duplicates by the
Next private Conveyance.
I am &c
Hillsborough.
:;i; \ li 'I 1 \ l-Tl; AT I ON' OF GOVERNOR FRANKLIN. [17<
Letter from dor. Frariklinto Secretary Hillsborough,
relative to a letter from the Speaker of the Massa-
chusetts Bay.
IFrom P. E. O. America and West Indies, Vol. 173(191).]
Burlington, July 11, 1768
To the Right Hon ble the Earl of Hillsborough.
My Lord,
I acquainted your Lordship in my Letter N° 5, that
I could not then learn that the Assembly of this Prov-
ince had sent any Answer to the Letter they had
receiv'd from the Speaker of the House of Eepresen-
tatives of the Colony of Massachusets Bay. I was
induced to believe they had not, as 1 could find no
account of such Transaction on their Minutes, and as
I had not the least Intimation thereof from M' Skinner,
the Speaker of the Assembly of New Jersey, who is His
Majesty's Attorney General for this Province, and
from whom I had a Right to expect Information of all
Matters of a new or extraordinary Nature, which
might be agitated in the Assembly. But I have since
discovered that an Answer was wrote to the Massa •
ci niseis Letter on the 9'. h of May, and tho' signed, as
il appears, by the Speaker " in the Name and by Order
of the House" yet no Notice whatever is taken of it
on their Minutes; — A printed Copy of the Letter I send
your Lordship herewith. — The Assembly of this
Province have since dissolv'd, and a new one elected,
in which there are many new Members. But I have
n<> reason to believe that the last Assembly had any In-
tentions of uniting farther with [that] of Massachuset's
l'.,i\ than in Petitioning his Majesty, nor have I any
cause to expect thai (he present Assembly would act
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 37
otherwise were they conven'd, which, however, it is
not intended they shall be till May next, unless His
Majesty's Service or some Emergency should make it
necessary to call them together before.
I have the Honor to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient & most humble Servant
W¥ Franklin
P. S. I take the Freedom to enclose to your Lordship
a pamphlett publish'd in New York & reprinted at
Philad. — the author unknown
Affidavit of Stephen Skinner, 1 relative to the robbery
of the East New Jersey Treasury.
[From N. Y. Col. MSS., Vol. XCV., p. 46, in the State Library at Albany]
New Jersey, City of j
Perth Amboy, j '
Personally appeared before Frederick Smyth Esq.
Chief Justice of the Province of New Jersey this
twenty fifth Day of July in the year of our Lord one
Thousand Seven hundred and Sixty Eight, Stephen
Skinner Esq. Treasurer of the Eastern Division of New
Jersey, who being duly sworn deposeth and Saith that
about six o'clock on Friday Morning the twenty sec-
ond Instant he was waked up by his Negro boy who
told the Deponent that the Office Window was broke
1 Stephen Skinner, Treasurer of the Eastern Division of New Jersey, had his office
at Perth Amboy. It was broken open, as above stated, and robbed of £6,570, 9s
4d in coin and bills. There was a protracted wrangle over the matter between the
Governor and the Assembly, the latter body imputing negligence, if no worse, to the
Treasurer, and using the circumstance as an argument in favor of vesting the ap-
pointment in the Assembly, which the Governor conceded to them on the resigna-
tion (Feb. 23, 1774), of Mr. Skinner. *The Treasurer blamed one Samuel Ford, who had
carried on an extensive counterfeiting enterprise in Morris county with being the
robber, but could never fasten the crime clearly on him. A detailed narrative of
the affair, by Wm. A. Whitehead, will be found in the N. J. Hist. Soc. Proc. for
September, 1850; Contributions to East Jersey History, p. Ill; Gordon's Hist. N. J. ,
150; Sedgwick's Livingston, 161-6; Duer's Life of Lord Stirling, 97-101 ; "Early His-
tory of Morris County," by Rev. Dr. J. F. Tuttle, in Proc. N. J. Hist. Soc, May,
1869, in which many important facts are given not elsewhere published.— [W. N.]
38 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
open the Iron Chest opened and the Money taken out,
and that this Deponents Sword was drawn and laid on
the table in the Same Room, upon which this Depo-
nent immediately went down the stairs, found the
East Window of the same Room open and some marks
of Violence on the Shutter, the Chest carried from its
Place to the said Window and there opened with a
Key that this Deponent hath never used, but always
Kept locked up in a Private Drawer of a Desk that
stood in the same Room, which Key was delivered to
this Deponent by the Executors of Andrew Johnston
Esq. the late Treasurer some time after he received
from them the Iron Chest aforesaid. That the Money
in the said Chest amounted to about Seven Thousand
eight Hundred and fourteen Pounds, nine Shillings all
in Paper Money except about seven Hundred Dollars
in two Baggs. That the said Paper Money was the
Remainder of a larger Sum this Deponent had bun -
died up Sometime in February Last, all which said
Paper Money was stolen & carried off, except one
hundred and Seventy Pounds left in the said Chest.
And further this Deponent saith that the said Desk
which stood in the said Room as aforesaid, was broke
open and every Drawer searched, that in the said Desk
was about forty Pounds in ragged Money and five or
six Half Johannes whirl) were also Stolen And this
Deponent further saith that the Key with [which] he
always opened the said Chest was commonly and in the
N Lghi in which the Rol >1 >ery was committed locked up in
an Escretoire in a back Room : That the Bills Stolen are
of different Denominations from six I 'on mis and under
but most of fifteen Shillings & upwards signed by
Richard Smith John Johnston and this Deponent, and
are as this Deponent believes of the Emissions of One
Thousand seven Eundred & Sixty three and One
Thousand Seven Hundred and Sixty four Except about
five or Six Eundred Pound-; of said Bills which had
been current and were a little worn and bundled up in
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 39
said Chest. That among the Bills left in the said Iron
Chest after the Robbery aforesaid there was only one
Bill of three Pounds the Remainder left of lower De-
nominations and mostly small Bills. This Deponent
further saith that the Money stolen was bundled up
twenty Bills in a Bundle and tied or Pinned round
with a Piece of Paper and further this Deponent saith
that he keeps the Public Money in Sheets as delivered
him by the Signers. That from these Sheets he the
Deponent usually cut. the Bills from Time to Time and
when so cut bundled the same up twenty in a bundle
as aforesaid and for greater security hath always put
the Money so bundled up in the said Iron Chest. That
the said money as aforesaid stolen was by this Depo-
nent so put in the said Chest in February last as afore-
said.
Stephen Skinner.
Sworn the 25th day of July 1768, at Perth Amboy,
Before me
Fre: Smyth.
SEAL
Proclamation of Governor Moore, of New York, re-
garding the Robbery of the East Jersey Treasury.
[From N. Y. Col. MSS., Vol. CV., p. 48, in the State Library at Albany.]
By his Excellency Sir Henry Moore
Baronet Captain General and Gov-
ernor in Chief in and over the
*< — v—'*' Province of New York and the
Territories depending thereon in America,
Chancellor and Vice Admiral of the same.
A Proclamation.
Whereas it appears on Oath, that in the night of
the twenty first day of July last, the House of Stephen
Skinner Esq 1 ; Treasurer of the Eastern Division of the
iO A.DMIJSTISTKATION OF GOVERNOR FRANKLIN. [1768
Province of New Jersey, was broke open and upwards
of Seven thousand Pounds feloniously taken and car-
ried away from thence, by some Person or Persons
unknown, part of the said money consisting of Dollars,
a small part of Gold and the Residue chiefly of New
Bills of Credit of the Colony of New Jersey. And
Whereas his Excellency the Governor of that Province,
hath requested that I would give Directions to the
Civil Officers within this Government to use their en-
deavors to discover and apprehend the Perpetrators of
the said Felony, and for this purpose to examine all
Persons who from the Possession of an unusual Sum
of the Currency of the Colony of New Jersey, or other
Circumstances, may be suspected of being concerned
therein. I have therefore thought fit, by and with the
advice of his Majesty's Council of this Province, to
Notify the Premises by this Proclamation, Hereby also
strictly enjoining and requiring all Magistrates, Jus-
tices of the Peace, Sherifs and other Officers within
the same, diligently to exert themselves in order to
discover the Perpetrator or Perpetrators of the Bur-
glary and Felony aforesaid, and if found, him or them
1<> apprehend and commit or cause to be apprehended
and committed to the next Jail, there to remain to be
dealt with according to Law.
Given under my Hand and Seal at Arms at Fort
George in the City of New York, the third day of
August one thousand seven hundred and sixty eight, in
the Eighth Year of the Reign of our Sovereign Lord
( J-eorge the Third by the Grace of God of Great Britain
France and Ireland King, Defender of the Faith and
so forth. H. Mooke
By his Excellency's Command
G E -° Banyar D Secry.
God save the King.
II appears by ( rovernor Franklin's Proclamation of the
twenty sixth of July that the Person who shall dis-
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 41
cover and bring the above Offenders or either of them
to Justice will be entitled to Fifty Pounds from the
Government of New Jersey, and to a farther Reward
of One hundred Pounds to be paid by MT Skinner, and
that any Accomplice making such Discovery, will also
be entitled to his Majesty's most gracious Pardon.
(The whole endorsed)
3 d - August 1768. Proclamation for Apprehending
Persons Concerned in Robbing the Treasurer of East
New Jersey.
An order of the King in Council, repealing an Act
passed in New Jersey in June, 1767, appointing
Commissioners for supplying the Barracks, etc.,
and directing that the Governor should be admon-
ished for having passed that Act contrary to an
Act of Parliament.
[From P. R. O., B. T., New Jersey, Vol. 0, K. 73.]
At the Court at St. James's the 12 th Day of
August 1768.
Present.
The King's most Excellent Majesty in Council
Whereas there was this Day read at the Board a
Report from the Right Honourable the Lords of the
Committee of Council for plantation Affairs dated the
9*. h of this Instant in the words following Viz c
"Your Majesty having been pleased by Your Order
" in Council of the 29" 1 of June last to refer unto this
" Committee a Representation from the Lords Com-
" missioners for Trade and plantations Dated the lu'"
" of the same Month in the words following Viz'
42 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
" Amongst the Laws passed in your Majestys Col-
' ony of Jersey in June 17*57, there is one Entitled
' An Act appointing Commissioners for Supplying
' the several Barracks erected in the Colony of New
k Jersey with Furniture and other Necessaries for
* accomodating the Kings Troops, in or marching
' through the same, for supplying Deficiences and
' Defraying other Incidental Charges.
" Whereupon we beg leave humbly to represent
' that by an Act of Parliament passed in the fifth year
' of your Majestys Reign, for amending the Mutiny
'Act, and for rendring it more Effectual in Your
' Majestys Dominions in America." Various Regula-
' tions and Directions are laid down relative to the
' Quartering your Majestys Troops in the Colonies;
' The Mode pointed out in which that service is to be
' provided for and the Articles Enumerated of which
' those Supplies are to Consist. In the provincial Law
' now Submitted to Your Majesty, the Nomination of
' the Commissioners for furnishing and Supplying the
' Barracks in Your Majestys Colony of New Jersey is
' made the Act of the general Legislature deviating
' thereby from the Directions of the Act of parlia-
* mciit which Impowers the Gov r & Councel to
' Authorize & Appoint those Commissioners and upon
' Neglect or refusal of such Governor and Council
' Vests that Nomination and Appointment in any two
* or more of the Justices of the peace residing in or
' aear such place where Your Majestys Troops shall
' be Quartered.
li Another provision wherein this Law appears to
' us not Strictly Comformable to the Act of parliament
k is with respect to the Articles wherewith it is
' Directed that your Majestys Troops shall be Sup-
' plied; These are particularly Enumerated in the
' Act of parliament and are as follow (viz*) Fire,
' Candles, Vinegar and Salt, Bedding, Utensils for
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 43
" dressing their Victuals and Small Beer or Cyder (not
" exceeding five pints) or half a pint of Rum mixed
" with a Quart of Water to Each Man The provincial
" Law does not recite the above particulars as Enu-
" merated in the Act of parliament, but directs only,
" that your Majestys Troops shall be provided with
' ' Vinegar and small beer the latter of which is lim-
' ' ited to a less Quantity for each Man f? Day then is
" prescribed by the Act of parliament.
" There is another Clause likewise which provides
' ' that the Monies thereby given shall not be Supplied
" to purchasing Necessaries for more than one Regi-
" ment, in the Colony at any one time, except during
" the time of relieving the Regiment Quartered there-
' ' in for these Reasons We do now (as we did in the
" Case of a Law passed in this Colony in the year
" 1766, find ourselves under the repeated Necessity of
" laying above Act before your Majesty for your Royal
" Disallowance." The Lords of the Committee in
obedience to your Majestys said order of reference this
Day took the said Representation and Act into their
Consideration, and do agree humbly to Report to your
Majesty as their opinion that the said act should be
disallowed; and that one of your Majestys principal
Secretaries of State should receive your Majestys
pleasure to Admonish the Governor of New Jersey, for
having passed this Law contrary to an Act of parlia-
ment, and this Notwithstanding a Law of the same
Nature passed in New Jersey in 1766 has before been
rejected by your Majesty in Council.
His Majesty taking the said Report into Considera-
tion was pleased with the Advice of His Privy Coun-
cil to Approve of what is therein proposed and accord-
ingly to Disallow the said Act; And his Majesty doth
hereby Order that the Right Honourable the Earl of
Hillsborough one of His Majestys principal Secretaries
of State do receive His Majestys pleasure to admonish
44 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
the Governor of the province of New Jersey for hav-
ing passed the said Law contrary to an Act of parlia-
ment and this notwithstanding a Law of the same
Nature, passed in New Jersey in 1766 has been before
rejected by His Majesty in Council.
Letter from Gov. Franklin to the Earl of Hillsborough ,
recommending Mr. Richard Stockton to be ap-
pointed a member of the New Jersey Council in
place of Mr. Woodruff, deceased.
[From P. R. O. America & West Indies. Vol. 173 (191).]
Burlington, Aug? 13, 1768
To the Right Hon ble the Earl of Hillsborough.
My Lord
I am just informed that M r Woodruff, one of His
Majesty's Council for New Jersey, died on Wednesday
the L0 th Instant: 1 I therefore take the Liberty to recom-
1 Samuel Woodruff' was one of ten sons of Joseph Woodruff, Jr., son of Joseph,
whose father, John, was one of the original settlers of Elizabeth-Town. Samuel
was born about the first of the last century. He was engaged for many years in
trading to the West Indies and elsewhere. His signature was appended to the peti-
tion iii 1739, for a charter for the borough, and when the charter was granted, in
1740, he was named as one of the assistant aldermen; subsequently became alder-
man, and was Mayor of the borough from 1751 to 1759, and probably longer. He
was also a .lust ice of the Peace for many years, serving as a member of the Board
of Justices and Freeholders of the county. He was a prominent member of the
First Presbyterian Church of the town, was chosen trustee in 1758, was treasurer,
md president in 1762; was ordained an Elder in 1765, was a Member of the
Synod of 1764 5, and was appointed one of the Building Committee to rebuild
the church in 1766. He also served as a trustee of Princeton College, 1749-68,
andsenl bis two sons, Benjamin and Joseph, to be educated there. As one of the
principal men of Hi'' town, and of generous hospitality, he was a great friend of
Governor Belcher, and "his housewasthe ministers' home, as George Whitfield
and the two Brainerds found it."— Hatfield's Elizabeth-Town, 320-1, 387, 378-9,
100, BIB, B17, B19, 582; N. Y. Hist. MSS., II., 621: Hist. Princeton College, by
John Man. an, D. D., I.. 156, 809, 849; Manual First Pre*. Church, Elizabeth, 1858; B-
10. Mr. Woodruff was Dominated by Governor Belcher as a member of tin- council.
November 19, 1766, an I being appointed March i, 1757, I tok bis seat July 96, 1757.
lie was reappointed in 1761. He declined u> attend a special meeting of the Council
called b3 Governor Franklin to take action in relation to the Stamp Act.— N. </•
Archives, VIII., Part 2, 836, 857; IX., 874, 883, 511.— [W. N.]
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 45
mend Richard Stockton, Esq?" of Princeton in this
Province to succeed M r Woodruff in the Council. He
is a Gentleman of Fortune, Character, and Abilities,
everyway qualified to serve His Majesty in that Ca-
pacity; and, if I am not misinformed; had the Honor
to be known to your Lordship when he was lately in
England.
I am, with the greatest Respect,
My Lord Your Lordship's most obedient
& most humble Ser vt
W 1 . 1 Franklin
Letter from Secretary Hillsborough to Governor
Franklin, relative to the letter from the Assembly
of Masachusetts Bay, and the King's disapproba-
tion of Governor Franklin's conduct in assenting
to a law contrary to an act of Parliament.
[From P. R. O. America and West Indies, Vol. 173 (191).]
Whitehall lQrJ August 1168.
Govf Franklin.
Sir,
On the 14" 1 of July I received your several Dis-
patches addressed to me numbered from I to 5 and
immediately laid them before the King.
His Majesty is concerned to find by the Printed
Votes of the House of Representatives, transmitted
with your Letter N° 3, and referred to in that num-
bered 4, that they have thought fit, by their Resolu-
tions & Proceedings, if not openly to deny at least to
draw in Question, the Power and Authority of Par-
liament to enact Laws binding upon the Colonies in
all Cases whatever, and The King is the more sur-
prized at such a Conduct in His Assembly of New
46 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Jersey when His Majesty considers the Example set
them by the Assemblies of the neighbouring Colonies
of New York and Pensylvania, who appear to have
entertained a very just Sense of the unwarrantable
Measure recommended by the Assembly of Massachu-
sets Bay.
It is my Duty, upon this Occasion, to observe to
you, that your entire Ignorance of what was passing
in the Assembly, concerning the Letter from the Mas-
sachusets Bay, which was the constant Object of their
Deliberations almost from Day to Day for a Course of
more than Three Weeks, betrays a very blameable
Inattention to your Duty; and the declaring, when
fully apprized of these Proceedings, that you had no
Reason to believe there was a Disposition in the Peo-
ple to enter into any unwarrantable Combinations
with the Massachusets Assembly, indicates a Disposi-
tion that does not correspond with those Principles
which ought to be the Rule of your Conduct.
In your Letter N° 1, you acquaint me that you had
thought fit to apply to the Assembly to enable you to
send me a complete Collection of the Laws, and I pre.
sume you had good Reasons, (tho' I cannot guess at
them,) for such an Application, which has, however
only served to produce an Answer at least petulent, if
not indecent, promising a Compliance with that as a
Request of mine, which I had the Honor to signify to
yon, as a Command from His Majesty
The Practice, which has been but too prevalent, of
Governors communicating to the Assemblies the con-
fidential Correspondence betweeen them and His
.Majesty's Servants here, is big with the greatest Mis-
chiefs, and I cannot help being greatly alarmed to find
upon the printed Journals of the Assembly of New
Jersey, a Message from you in the following words,
Viz*, -The G-overnor lays before The House sundry
" Letters and Papers which he has just received from
17G8] ADMINISTRATION OF GOVERNOR FRANKLIN. 47
" the Earl of Hillsborough One of His Ma'ty's Prin
" cipal Secretaries of State."
I have, upon this Occasion, had Recourse to the
whole of my Correspondence, and cannot observe any
one Letter of mine, which was in it's nature either
necessary or proper to be laid entire before the Assem-
bly; but if there were any that appeared to you fit to
be communicated to them, you ought at least have
acquainted me in your Letter with what you had done,
and to have assigned Reasons for a Step that seems to
have been an unwarrantable Deviation from your
Duty, and a Disrespect to a Correspondence directed
by The King Himself. '
The enclosed Order in Council contains His Majesty's
Disallowance of the Act passed by you in June 1707,
for making Provision for quartering His Majesty's
Troops; and the Copy of the Report of the Board of
Trade will inform you of the Reasons for such Disal-
lowance; it only therefore remains for me to acquaint
you, that I have, in consequence of this Order, re-
ceived the King's Commands to signify to you, His
Ma'ty's Disapprobation of your Conduct, in assenting
to a Law contrary to an Act of Parliament, and this
notwithstanding a Law of the same Nature, passed in
1766, had been before rejected by His Majesty in Coun-
cil for the same Reason.
It is a Matter of much Concern to me, to have ha 3
Occasion for Animadversion upon your Conduct in so
many Instances; lean only say, that it is a part of my
Duty that is very disagreeable to me; and that I shall
be happy, by your Explanation of the motives of your
Conduct, to find there has not been so just Grounds
for it as I have too much Foundation to apprehend.
As the Petition to His Ma'ty resolved upon by the
Assembly of New Jersey and entered upon the printed
1 See post, under date of September 2, 17G8.
48 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1768
Minutes of their Proceedings transmitted by you, has
not yet been presented to me to be laid before His
Majesty, it gives me good Reason to hope that they
may have seen the Error of their Conduct upon this
Occasion, and that I shall not be under the disagreea-
ble Necessity of laying before His Majesty, any Reso-
lutions or Proceedings of His Assembly of New Jersey,
of such a Nature as cannot but give His Majesty great
Dissatisfaction, and must be rejected as being null
.iiid void, in consequence of the Act of Parliament of
the I) 1 ' 1 of His present Majesty.
I am &c a
Hillsborough.
Ij -If it from Gov. Franklin to the Earl of Hillsborough,
relative to a bill 'passed by the Assembly for strik-
ing £100,000 in bills of credit, to which he, the
Governor, had refused his assent, desiring in-
structions.
[From P. R. O. America and West Indies, Vol. 173 (191 ).]
Burlington, Aug?* -U" 1 1768
Right Hon ble the Earl of Hillsborough
My Lord,
A Bill passed both the Council and Assembly, at the
last Sessions, for Striking One hundred Thousand
Pounds in Bills of Credit, and emitting the same on
Loan: But as they had, contrary to the Act of Parlia-
ment, made the Money a legal Tender' (tho' I believe
The assembly had doubtless taken this liberty because the Eriends of a legal ten-
der paper currency had strong hopesof getting the restraining Act of Parliament
repealed. Writing Februaryl7, 1768, Benjamin Franklin informed his friend Joseph
Galloway, of Pennsylvania, thai he had had a long conversation on the subject with
Lord Hillsborough, who said thai if application were made for taking off the re-
strainl as regarded Pennsylvania, New Jersey and New York, as Franklin proposed,
"if should have fair play; he would himself give il no sort of opposition " Franklin's
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 49
not intentionally) and refus'd to add a Suspending
Clause to the Bill, as my Instructions require, I de-
ny'd my Assent to it. I besides expected that the
Assembly would have appropriated some Part of the
Interest to the Augmentation of Officers Salaries,
which are scandalously low in this Province (as your
Lordship may see by the enclosed Account of them);
but they declin'd doing any Thing of the kind, tho'
most of them cannot but acknowledge the Insuffi-
ciency of the Salaries, and that this would be the easi-
est Mode of raising Money on the People for the Sup-
port of Government. The whole of the Interest
Money, after defraying the Expenses attending the
Emission, was, by the Bill, to remain in the Treasury till
apply'd to the support of Government, and to other
publick Uses, by subsequent Acts of Assembly.— I
wrote to your Lordship before, in my Letter N? 2,
that I thought a reasonable Sum of Paper Currency
would be of Service both to the Province, and to the
Mother Country. The People here are so anxious
Works, VII., 382, 430. Franklin was strongly in favor of a legal tender paper cur-
rency, with proper security, for use in the Colonies. "On the whole," said he, in
1704, when Parliament was about to enact the restraining bill, " no method has
hitherto been formed to establish a medium of trade, in lieu of money, equal, in all
its advantages, to bills of credit, founded on sufficient taxes for discharging it, or
on land security of double the value, for repaying it at the end of the term, and in
the meantime made a general legal tender. The experience of now near half a cen-
tury in the middle colonies, has convinced them of it among themselves, by the
great increase of their settlements, numbers, buildings, improvements, agriculture^
shipping and commerce. And the same experience has satisfied the British mer-
chants who trade thither that it has been greatly useful to them, and in not a single
instance prejudicial."— Works, IL, 354. Even his strong, practical sense did not en.
able him to foresee the evils invariably arising from the attempt to give a fictitious
value, by legislative enactment, to that which has no value. A comprehensive ex-
planation of the Colonial system of currency obtaining in New Jersey is given in
a paper on " Taxes and Money in New Jersey before the Revolution," by R. Wayne
Parker, published in the Proceedings of the New Jersey Historical Society for Jan-
uary, 1883. It may be interesting to mention, in connection with this note, that in
a conversation in November, 1885, at his delightful home in Washington, the ven-
erable historian, George Bancoft, informed the writer that he was then (although
he had entered upon his eighty-sixth year) engaged on a history of paper currency
in America, which he intended to be his final work, and hoped it might be instru-
mental in warning the people of the United States against the dangers of fiat
money.— [W. N.]
4
50 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
about this matter, that they would not hesitate to take
the Money, and mortgage their Estates for the Repay-
ment of it with Interest, tho' it should not be made a
1 ( sgj 1 1 Tender. Ad vantage should therefore, I think, be
taken of this Disposition to bring them to make a more
adequate Provision for the Officers of Government,
unless indeed the Duties laid by the Acts of Parliament
are supposed to render such a Measure unnecessary. —
The Council have requested me to desire your Lord-
ship's Sentiments on this Subject, and that you would
be pleased to inform me whether His Majesty would
have any Objection to my giving my Assent to a Bill
for emitting a Hundred Thousand Pounds of Paper
Currency on Loan, without a Suspending Clause, pro-
vided the Money is not made a legal Tender, and the
Interest arising therefrom is appropriated to publick
Purposes.
I have the Honor to be, with the greatest respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W M Franklin
P. S. In the Hurry of making up my Dispatches,
by the last Packet, I omitted sending your Lordship a
printed Copy of the Laws, and a Part of the Privy
Councils Minutes, mentioned in my Letter N" 6. and
therefore now send it herewith.
Civil Establishment of New Jersey 17<is In GovT
Francklin's I \" 9) of 24 Aug L768.
The Salaries Annually granted to the ( Ifficers of the
Government of New Jersey, amount to seventeen hun-
dred and twenty five Pounds Currency, which at sixty
'(MVnl. the Medium of Exchange with Greal Britain,
Sterling per Ann.
£750 -
93
15 —
it 31
5 —
; 31
5 —
- 18
15 —
25
- 25
18
15 —
- 62
10 -
12
10 -
6
5 —
£1075
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 51
amounts to £1075' Sterling, and is thus divided in Ster-
ling Money viz?
To the Governor -
To the Chief Justice -
To the second Justice of the Supreme Court
To the third Justice of the Supreme Court
To the Attorney General
To one Treasurer residing at Amboy
To one Treasurer residing at Burlington
To the Clerk of the Council
To the Agent residing at London
To the Clerk of the Circuits -
To the Door Keeper of the Council
The Incidental Charges and daily Wages during the
Attendance on Legislative Business are,
To the Members of the Council, and of the Assembly,
three shillings and nine pence each f) Day.
To the Clerk of Assembly, five shillings f Day
To the Serjeant at Arms to the Council & the As-
sembly one shilling and ten pence $ day
To the Door Keeper of the Assembly two shillings
f^day.
To the Govornor for House Rent thirty seven Pounds
ten shillings f? annum.
The other incidental Charges are such as arise from
the repair of five Barracks built at the Expence of the
Colony, 2 each capable to Contain three hundred Men,
and the Allowance by Law to be made to the Troops
from time to time quartered in them, which is
altogether uncertain.
1 Sixty per cent, of £1725 make £1035, instead of £1075.
2 At Burlington, Trenton, Perth Amboy, New Brunswick and Elizabeth-Town.— N.
J. Archives, IX., 576, note.
52 ADMINISTRATION OF GOVERNOR FRANKLIN. [17<58
Also an allowance to the Chief Justice, or other
Justices of the Supreme Court, of six Pounds, five
shillings Sterling for holding a Court of Oyer and Ter-
miner when there shall be occasion in any of the Coun-
ties of the Colony; and an Allowance to the Agent
for petty Expences of about thirty pounds Sterling
y Annum.
These Charges are now, and have been since my
arrival in the Government paid by a Surplusage of
Money struck for his Majesty's Service during the late
War, which was to be sunk by a Tax in a time lhn-
itted in those Acts, and the same has hitherto been
Sunk with great regularity, under the Inspection of
the Legislative Body. Before the War the Expense of
Government was paid by the Interest of Money
emitted on Loan, by his Majesty's Approbation; and
when that Money was called in, (by Virtue of the Acts
which gave it a Currency to a certain time) the Sup-
port of Government was raised annually by Tax on the
Eeal and Personal Estates of the Inhabitants, which
must be very shortly the Case again.
There are no Duties on the Import or Export of any
Commodities, but such as are laid and appropriated by
Acts of Parliament. The Collectors of His Majesty's
Customs are the only Officers who have any Salary or
Allowance from Great Britain.
All the Salaries and Incidental Charges of Govern
ment are Annually granted and Appropriated by A<l
of Assembly; these are issued (except Assembly Mens
Wages) by Warrant of the Governor in Council, and
Accounted for by the Treasurers to the joint Commit-
tees of Council and Assembly.
All the Salaries allowed in this Government are
very I x>w, having been for the most part settled when
the Province was in its [nfancy, and as the Expense
of Living is sine." greatly increased they are not sui'ii-
1768] ADMINISTRATION" OF GOVERNOR FRANKLIN. 53
cient, with the Fees and Perquisites of Office added,
which indeed are in most Cases very trifling) to
support the Officers in a manner suitable to their
Stations.
W? Franklin
Letter from Gov. Franklin to'the Earl of Hillsborough,
relative to the Complaint made by the Commis-
sioners of Customs in America to the King.
[From P. O. America and West Indies, Vol. 173 (191).]
Burlington, Aug st 25, 1768
To the Right Hon ble the Earl of Hillsborough
My Lord,
I am honored with your Lordship's Letter N? 8 — re-
specting the Complaint made by the Commissioners of
His Majesty's Customs in America, of the Obstructions
which their Officers have met with in the Execution
of their Duty. There has been but one Complaint
made to me of that kind by any of the Officers of the
Customs within this Government, and that was from
M 1 .' Hatton the Collector of Salem. But after strict En-
quiry had been made into the Affair before myself and
His Majesty's Council, it was found that the Collector
(who is a Man of a most unhappy Temper 1 ) had exceed-
ingly misbehaved himself, and had no just Foundation
for his Complaint. The Particulars of this Transaction
I transmitted to the Commissioners at Boston, and
1 Mr. Hatton's "most unhappy temper" got him into more serious trouble two
years later. See post, under date of November 7, 1770.
54 ADMINISTRATION OF GOVERNOR FRANKLIN. [17G8
your Lordship will see them in the Minutes of the
Council sent with my Letter N? 6.
I think it my indispensable Duty, and shall not fail
to give the Officers of the Customs, and every other
Officer of the Government, all the Assistance and
Support in my Power.
I am with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W* Franklin
Commission of Governor Franklin to Charles Read,
Jolt a Shi Hh and Samuel Smith to fake charge of
the Seals during his Absence.
| From Book AB of Commissions, in the Secretary of State's office, Trenton, fol. 23.]
By his Excellency William Franklin Esqr. Captain
General Governor and Commander in Chief in and
over the province of New Jersey and Territories there-
on depending in America, Chancellor and Vice Admi-
ral in the same &c.
To the Honble. Charles Read, Jno. Smith & Saml.
Smith Esqrs. Members of His Majesty's Council for the
Colony of New Jersey Greeting. Whereas The promot-
ing his Majesties Service and the Prosperity and Securi-
ty of the British Colonies on the Continent of America
have induced me to Comply with the request of the
Honble. Sr. William Johnson his .Majesty's Superinten-
dent of Indian Affairs, in giving my attendance at a
Treaty to be held with the Six Nationsaud other Indians
at Fort Stanwix in the Colony of New York to agree and
fix upon a Boundary Line between the British subjects
of the Northern Colonies and the Indians. In Order
that there should be no Delay of interruption in carry-
ing on the usual Business, which passes under the
Publick Seal, or of the Seal of the Prerogative Office,
1768] ADMINISTRATION" OF GOVERNOR FRANKLIN. 55
or my private Seal at Arms: I have left the said Seals
in your Custody, hereby impowering you, or any two
of you, to Affix either of those Seals to such papers as
usually pass under the same, in the Common & Ordi-
nary Course of Business, where a Delay till my return
would be attended with publick Disadvantage or Loss,
or inconvenience to the Persons applying, And I also
impower you, or any two of you, in case it should be
necessary from my unexpected long absence, Sickness,
or other Accident to deliver the publick and preroga-
tive Seals, and the Royal Instructions to the president
of his Majesty's Council of this Province, at such time
as a Majority of the Council shall Judge it necessary
for the President of the Council to take upon him the
Admnr. of the Government and for your so doing
this shall be your Warrant. Given under my hand
and Seal at Arms at Burlington the 26th of Augst. in
the Eighth year of his Majesty's Reign Anno Domini
1768.
Letter from Gov. Franklin to Secretary Hillsborough,
relative to a Treaty with the Indians for settling
boundary between them and the Northern British
Colonies.
[From P. R. O. West Indies, Vol. 173 (191).]
Burlington Aug 8 * 27*!' 1768
To the Right Hon ble the Earl of Hillsborough
My Lord,
Having receiv'd an Intimation from Sir William
Johnson, Bar' His Majesty's Superintendant for Indian
Affairs, that he was shortly to hold a Treaty with the
Indians, for Settling a^Boundary Line between them
56 ADMINISTRATION OF GOVEKNOR FRANKLIN. [1768
and the Northern British Colonies, and that it might
be of publick Service if, on this very important Occa-
sion, Commissioners were to attend the Treaty in Be-
half of this Province, I laid the Matter before the
Council, who were of Opinion that the Notice was too
short to call the Assembly together to make Provision
for defraying the Expence of sending Commissioners
to the Treaty, but they thought my Prescence there
might answer very good Purposes to this Province, as
well as to the other Parts of the British Dominions in
America. I have thereupon consented to attend the
Conference, and am this Day to set off for Albany, ac-
companied by M- Smyth, one of His Majesty's Council
for this Province. — Matters are so settled that no In-
convenience can arise by my Absence, which I have
Reason to believe will not exceed four or five Weeks. '
— By this Opportunity I have answered all the Letters
I have had the Honour to receive from your Lordship
by the May Packet. The June Mail is not yet arrived,
and, 'tis feared, is either lost or gone to the West
Indies.
I have the Honor to be. with the greatest Respect,
My Lord Your Lordship's most obedient
& most humble Servant
W M Franklin
'The proceedings at Fort Stanwix between the whites and the Indians during
October and November, 1768, for the settlement of the frontier boundary, an- de-
tailed fully in N. Y. Col. Docs., VIII., 110-1. "7. Governor franklin was accompanied
bj Chief Justice Smyth. Some of the incidents are worthy of a note here. On the
sec 1 day of the conference! Oct. 25) " Canaghquieson, Chief of Oneida, stood up &
addressing all present, observ 1 that the several American Governors had Indian
names, by which thej were known to the Indians, the Governor of New Jersey ex-
cepted; that lie therefore thought it necessary to compliment him with a name.
which he did by bestowing his own name upon him, on which his Excellency
'"i Franklin shook him by the Hand & returned him thanks.'" Subse-
quently "the Cheifs arose & shook hands with Gov Franklin & Canaghquieson
addressing him said, thai as he had given him his own name, he hoped that
rould endeavour to acquire as much reputation with it amongst the People
as he had done, The Governor returned them many thanks " The next day,
" Conoghquieson stood up and said thai the Six Nations not being satisfied
with his having given his own name to Govern' Franklin had mel upon it, and
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 5?
Circular letter from the Earl of Hillsborough to the
Governors in America, relative to letters received
by them from his Majesty's Secretaries of State.
[From P. R. O. America and West Indies. Vol. 254 (272).]
Whitehall Sept b : er 2?? 1768
Circular to all the Governors in America
The King having observed that the Governors of His
Colonies have upon several Occasions taken upon them
to communicate to their Councils and Assemblies either
the whole or parts of Letters which they have received
from His Majesty's Principal Secretaries of State, I
have it in command from His Majesty to signify to
you that it is His Majesty's Pleasure that you do not,
in testimony of their sense of his, and his Peoples justice in causing the murtherers
of some Indians to be put to death within his Government did now confer upon
him the name of Sagorighweyoghsta, or the Great Arbiter or Doer of Justice, wish-
ing that he and the people of his Government might continue to act with the same
Justice they had hitherto done. Whereupon Gov Franklin returned them thanks
for the favor and assured them both himself and the people of his Government
would upon all occasions manifest their esteem for the Indians and their inclination
to do them justice.'' On November 4th, Sir William Johnson, in addressing the
Indians, said: " The Gov of New Jersey being called hence by some urgent busi-
ness has desired me to inform you that he can not think of taking leave of His
Brethren the Six Nations without once more expressing the Happiness he has re-
ceived from finding that they entertain such right sentiments of his justice, & that
of the good people under his Government He has himself the highest sense of the
value & importance of the name conferred on him & doubts not but that future
Governors & the chief men & inhabitants of New Jersey will be ever carefull to
deserve so Distinguished a Title among the Indian Nations as that of Sagorrihwh-
ioughstha, Doer of Justice. The Governor has likewise requested me to remind
you that at a Treaty held at Easton in the year 1758 the Delaware and other Indians
who had any pretensions to Land in New Jersey, did for a valuable consideration
give a general release for all the Lands in that Province except sucli parts as were
reserved by Law for the use of those Indians who chose to live under the protec-
tion of that Governm 1 . This was done in public Council in the presence of many
of the Six Nations and the Governor would therefore be glad, that at this Con-
gress (where are present so many cheifs of the different Nations belonging to the
Confederacy & when a general Boundary Line between the subjects of His Brittannic
Majesty in America & their Bretheren the Indians is to be settled) you would do the
Province of New Jersey the justice to confirm the said Release by acknowledging
in public that that Province is entirely free from all Indian Claims, except as before
58 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
upon any pretence whatever, Communicate either to
the Council or Assembly any Copies or Extracts of
such Letters as you shall receive from His Majesty's
Principal Secretaries of State, unless you have His Maj-
esty's particular directions for so doing.
I am &c*
Hillsborough
Ldter from Secretary Hillsborough relative to the let-
ter from the Assembly of Massachusetts Bay.
I From P. R. O. America and West Indies. Vol. 173 (191).]
Whitehall, October li"' 1 1Y68.
Governor Franklin.
Sir,
On the l s : f Instant I received Your Letters N? 6. 7.
and 8, and have laid them with their Enclosures before
The King.
Those numbered 6. and 8. the one containing your
Observations upon the Laws of the last Session of As-
sembly the other recommending Mi' Stockton to sup
ply the Vacancy in the Council by the Death of M-
Woodruff, are ordered by His Majesty to be communi-
cated to the Board of Trade.
ment d . His Reason for this request is that this matter may be held in remem-
brance by all the nations presenl <v by thai means be more surely handed down to
their Posterity." The next day (Saturday, Nov. 5), the Indians in reply said: "We
are glad to see that Governor Francklin is so well pleased with our having bestowed
01 i our own names upon him & are well pleased [to] hear 3 ou promise thai he
willalwaysbe ready to do us justice. We hope that all future Governors will act
pan. We acknowledge that several of our Nations now present were
witnesses to the transaction a1 EastoniS therefore acquit thai Province of anj de
mand<£ wehaveonlj to desire of him to follow your example in his future conduct
towards us. which will sufficiently red 1 ind his people to our esteem."
Col. Docs., vm., 115, Hi. 131 2 t. The proceedings at the Treaty of Easton,
ref< rred to, ari related mlh in Smith's New Jersey, 150; in Penn. Col. Record, vm..
174-238, and then ily summarized in S.J. Are] lives, IX.. l:i!i-l« > .— [W.N.J
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 59
The pains which appear by your Letter, N? 7 to have
been taken by the Assembly to conceal from you their
proceedings upon the Letter from the Assembly of
Massachusetts Bay, shews but too plainly the sense
they had of the measures they were about to pursue,
& it is very proper that M- Skinner should know that
his Conduct upon this Occasion has not escaped His
Majesty's Notice. 1 am &c*
Hillsborough
Order in Council appointing Richard Stockton, Esq.,
to be of the Council of New Jersey, in the room of
Samuel Woodruff, Esq., deceased.
[From P. R. O. America and West Indies, Vol. 107.]
f*~\ At the Court at S t James's the 2 n . d
i^J Day of November 1768.
Present
The Kings most Excellent Majesty in Council.
Whereas there was this Day read at the Board, a
Representation from the Lords Commissioners for
Trade and Plantations, dated the 1 st of this Instant
Setting forth, That Samuel Woodruff Esquire, one of
His Majestys Council for the province of New Jersey,
is Dead, and that Richard Stockton Esquire hath been
recommended to the said Lords Commissioners, as a
person every way Qualified to serve his Majesty in that
Station, they therefore humbly propose, that he may be
appointed of His Majestys Council in that province in
the room of the said M r Woodruff deceased His Maj-
esty in Council approving thereof, is pleased to Order,
as it is hereby Ordered, that the said Richard Stockton
00 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Esquire be constituted and appointed a Member of His
Majestys said Council for the province of New Jersey,
in the room of the said Samuel Woodruff e Esquire de-
ceased and that the Right Honorable the Earl of
Hillsborough, one of His Majestys principal Secretaries
of State do cause the Usual Warrant to be prepared
for His Majestys Royal Signature accordingly 1
W. Blair.
Letter from Secretary Hillsborough to Gov. Franklin,
relative to the New Jersey bill for issuing £li M u M >< I
and the unwarrantable proceedings of the Assem-
bly in connection therewith.
TFrom P. R. O. America and West Indies. Vol. 173 ( 191).]
Whitehall Nov!" 15 th litis
Governor of New Jersey
Sir,
I have received and laid before the King your Dis-
patches to me numbered 9. 10. 11. 12. Of these Dis-
patches the only one upon which I have any commands
from His Majesty is that numbered 9, in which you
desire to be instructed, whether you may give your
assent to an Act for emitting £100,000 in Bills of Credit
upon Loan, without a Clause suspending its execution,
until His Majesty's pleasure can be known, provided
the Bills are not made a legal Tender, and the Interest
is appropriated to publick purposes.
If. the whole merit of this measure depended 111)011
these circumstances, and it did require no other restric-
tion and limitation, His Majesty's consent would seem
to follow of course; but the lying apprehends 1 hat this
1 For a sketch of Richard Stockton, see post, under date of February 88, 1774.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 61
is by no means the case, and thinks that the necessity
there is for so large a Sum as this is, the nature and
extent of the public Services to be provided for, and
the Fund and Security for the redemption of the Bills,
are some, amongst many other material circumstances,
necessary to be fully set forth and explained, before
His Majesty can decide upon the propriety of the
measure; and therefore His Majesty does not think fit,
that any Law of this kind should be assented to by
you, unless a Draft of the Bill has been first transmit-
ted, for His Majesty's approbation, or that there is a
Clause suspending its execution, until His Majesty's
pleasure can be known.
The petition to His Majesty of the House of Repre-
sentatives of New Jersey on the subject of some late
Acts of Parliament, which Petition is mentioned by
you, in your Letter N? 5. to have been agreed upon by
the Assembly has not yet been received from you
(which is undoubtedly the proper Channel through
which it should pass to the Throne) nor has it been
presented by any other person, although printed and
published under the direction of the Assembly, a Pro-
ceeding which His Majesty cannot but consider as
most unwarrantable & disrespectful.
Inclosed I send you His Majesty's speech to His
Parliament at the opening of the Session on the S 1 ! 1 in-
stant, together with the Addresses to the King from
both Houses, one of which Addresses passed nemine
contradicente, and the other without a division.
This happy unanimity and the resolution to preserve
entire & inviolate the supreme authority of the Legis-
lature of Great Britain over every part of the British
Empire, so strongly expressed in these Addresses, will,
I trust, have the happy effect to defeat and disappoint
the wicked Views of those, who seek to create disunion
and disaffection between Great Britain & her Colonies,
and that all His Majesty's Subjects in America, who
G2 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
wish well to the peace and prosperity of the British
Dominions, will give full credit to Parliament for that
true affection towards the Colonies, which appears in
the declaration that they will redress every real griev-
ance of His Majesty's American Subjects, and give due
Attention to every Complaint they shall make in a
regular manner, and founded upon principles not in-
consistent with the Constitution.
I have the pleasure to acquaint you that the Queen
was happily brought to bed of a Princess on Tuesday
last, & that both Her Majesty and the young Princess
are as well as can be desired. I most heartily congrat-
ulate you upon this increase of the royal Family, an
Event that affords the greatest satisfaction to all His
Majesty's Subjects. I am &c*
Hillsborough
Letter from, Chief -Justice Smyth to the Earl of Hills-
borough, relative lo the insufficiency of his Salary.
[From P. R, O. and West Indies, Vol. 174 (192). J
New Jersey Nov 1 : no 1 . 1 ' litis
My Lord,
On the recommendation of Lord North. M r Charles
Townshend, M' Attorney General,- D? Hay, and Mr
Bacon, of Norfolk, about four years ago I was ap-
pointed Chief -Justice of New- Jersey.
If the Letters which I had the happiness to obtain
from your Lordship, and others of His Majestvs Minis-
ters, at the time I left England, to the Governor of this
province, had produced that effect in the Assembly of
New-Jersey in my behalf which might reasonably have
been expected, I should have now no occasion to
trouble your Lordship with this application; but after
having resided in this province so many years, com
1768] ADMINISTRATION 01' GOVERNOR FRANKLIN. 63
stantly engaged in the duty of my station, with a con-
duct irreproachable even in times of the utmost danger,
and difficulty, so far from any support or allowance
from this Country adequate to my station or services,
my applications to the Assembly for that purpose,
repeated at every Session, have been hitherto utterly
disregarded.
My circumstances are such that I should not have al-
lowed my self to continue in an office of the Crown which
I am obliged to fill almost at my own private expence,
if I had not been assured before I left England that
the Judges in the Colonies might expect to receive
their Salaries from the Crown, and be made indepen-
dent of the people.
The language of a late Act of Parliament gave me
farther hopes that this measure would be accomplished.
I have also had in view the instance of the late Chief -
Justice of New- York, who to compensate the neglect
of the Assembly obtained a Mandamus for the pay-
ment of £5(>o Sterling pr. ami out of the Quit rents
due to the Crown in that Province.
But by some information I have lately received from
the Agent of this Colony, it seems now to be doubtfull
if any alteration will take place with respect to the
payment of the Judges in general in the Colonies.
The Governor of this Province assures me that he
has so often applied to your Lordship and the Ministry
from time to time in my behalf, that I am unwilling
to trouble him farther; tho' I know my application to
your Lordship would be more regular through him.
But permit me my Lord once more to beg the honour
of your patronage and assistance, that the bounty of
the Crown may be extended to me as some reward for
past services, and as an encouragement to continue
the same resolution and address in the discharge of the
duty of my station, which I will be bold to say has
G4 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
hitherto contributed very greatly to the preservation
of that order, and regularity, for which this province
has been particularly distinguished.
T am my Lord with the utmost respect
Your Lordships most oblig'f obed* Hum 1 ' 1 Serv 1
Frederic Smyth.
Letter from Gov. Franklin to the Earl of Hillsborough^
defeat! ing his Conduct during the last Session of
the Assembly of New Jersey against the Censures
of his Lordship.
[From P. P. R. O., America and West Indies, Vol. 172 (168).]
Burlington New Jersey Nov! 23 d L768
To the Rt Hon b]e the Earl of Hillsborough
My Lord,
The Animadversions and Censures which your Lord-
ship, in your Letter No. 13. has thought proper to
make upon my Conduct during the last Session of the
Assembly of this Colony, give me much Concern; but
my Uneasiness would be far greater were I not con-
scious that they are unmerited, and that it is in my
Power to prove them so to every impartial Person.
As such, I natter myself I may address your Lordship,
as you have, with the greatest Appearance of Candor
and Impartiality, been kindly pleas'd to say, ''that
"you should be happy, by my Explanation of the Mo-
"tives of my Conduct, to find that there has not been
"so just Grounds for those Animadversions as you
"have too much Foundation to apprehend." This
Explanation, my Lord, I shall therefore give you fully
and freely, as it is a Duty I owe to your Lordship's
Station, and to my own Character.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 65
The first Matter mentioned by your Lordship is,
That "His Majesty is concerned to find by the
"printed Votes of the House of Representatives,
" (transmitted by me) that they have thought fit, by
"their Resolutions and Proceedings, if not openly to
"deny at least to draw into Question the Power and
" Authority of Parliament to enact Laws binding upon
"the Colonies in all Cases whatever." As this relates
to the Assembly only, whose Sentiments or Conduct I
am no ways concerned to vindicate, and as I have my-
self neither openly nor privately deny'd or call'd in
question the Power of Parliament, it is not necessary
for me to urge any thing in my own Behalf on this
Head. I shall therefore only observe to your Lordship,
that the Right of Parliament to lay Taxes on the Col-
onies is not questioned by the Assembly of New- Jersey
alone, but also by every other House of Representatives
on the Continent. Your Lordship, however, says
" The King is the more surpriz'd at such a Conduct in
"his Assembly of New- Jersey, when His Majesty con-
siders the Example set them by the Assemblies of
" the neighbouring Colonies of New-York and Pensyl-
u vania, who appear to have entertained a very just
"sense of the unwarrantable Measure recommended
"by the Assembly of Massachusets Bay." But I do
assure you my Lord, that whoever gave the King such
Information respecting the Assemblies of New-York
and Pensylvania, has been greatly mistaken. The
Assembly of New-York had it not even in their Power
to set such an Example, had they so inclin'd, for they
never met from the Time the Massachusets Circular
Letter was wrote till, the 27 th of last Month, which was
above Six Months after the Meeting of the New Jersey
Assembly, and even Two Months after the Date of
your Lordship's Letter now before me. After they
had met some Time, I happened to pass thro' New
York in my Way Home from the late Congress, when
5
06 administration of governor franklin. [1768
I was inform'd by some of the principal Gentlemen
there, that the House was a good deal embarras'd about
the Massachuset's Letter. Some of the Members were
for Suppressing it totally, being apprehensive that
tlicv would involve themselves or the Colony in some
Difficulties with Government, should they take that
Notice of it which they would think themselves under
the Necessity of doing, if it was once laid before them.
Other Members were for having it immediately com-
municated to the House, as they should otherwise,
they said, lose their Interests and Characters with
their Constituents, and excite their Resentment for
having given up their essential Eights and Privileges,
In this Dilemma were they for a few Days after their
Meeting, till at length they agreed, to postpone the
Laying of the Massachusets Letter before the House
till they had compieated the Business of the Session,
and that their Speaker should only lay before them the
Letter he had receiv'd from the Speaker of the House
of Burgesses in Virginia; the Contents of which were
not known in England when your Lordship's Letter,
directing the Governor to prorogue or dissolve the As-
semblies in case of their receiving, &c. of the Massa-
chuset's Letter, was wrote. This Account, as I before
mentioned, I had from some of the principal Gentle-
men of New York, and the printed Journals of the
Assembly seem to com firm it. For not the least Notice
is there yet taken of the Massachuset's Letter, but it
appears that the one from Virginia (which I believe
your Lordship will think full as exceptionable as the
other) was laid before the House by the Sp< saker; when,
so far were the Assembly from inclining to set such
an Example, as your Lordship mentions, to the other
Colonies, thai they soon determm'd to follow the Ex-
ample of Massachuset's Bay in the same Manner as
had been done before by Virginia. In Pursuance of
this Resolution, they made the following Order, viz:
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 07
" Ordered, That a Committee be appointed to draw up
"an humble, dutiful, and loyal Petition to His Majes-
ty, a Memorial to the Lords, and a Remonstrance, to
"the Commons of Great Britain, praying Relief from
"the Grievances His Majesty's Subjects within this
"Colony labour under, from the Act of Parliament
"passed in the Sixth Sessions of the last Parliament,
' ' imposing Duties in the Colonies for the Purpose of
"Raising a Revenue, and of the several other Acts
"passed by that Parliament, relative to the Colonies;
"and a Committee was appointed accordingly." And
since this Order, they have resolved "That they will
"draw up proper and constitutional Resolves asserting
"the Rights of His Majesty's Subjects within the Col-
"ony, which they conceive have been greatly abridged
"and infringed by several Acts passed by the last Par-
"liament of Great Britain." These Proceedings, 1
doubt not, will convince your Lordship, that however
blameable the Conduct of the Assembly of New Jersey
may be, that of New York is not materially different.
Nor is the Instance of the Behaviour of the Assembly
of Pensylvania, on this Occasion, any more applicable
to the Purpose than the other. To convince your
Lordship of the Truth of this Assertion, I shall quote
the Account publish'd by some of the leading Members
of the House, to obviate the Reflections which had
been cast upon them by many of their Constituents
for having too much slighted the Massachuset's Letter,
and for having avoided going into the Measure therein
recommended. It is as follows, viz. "Philadelphia
"July 25. 1768. We can assure the Publick, that the
" Assembly of this Province so early as February last,
"took into their Consideration the Act of Parliament
"imposing a Duty on Paper, Glass, &c. and there-
" upon, under a sense of the Oppression of that Act,
"prepared and sent to their Agents in London, full
"and positive Instructions to unite with the Agents
G8 ADMINISTRATION OF GOVERNOR FRANRLlN. [1768
' of the other Colonies in an Application to Parliament,
' praying a Repeal thereof. That this was long before
' the Receipt of the Circular Letter from the Ass?" of
' the Massachusets Bay, & before the House could cer-
'tainly know what Measures would be pursued by the
' Legislature of that or any other Colony. That upon
' the Receipt of the Circular Letter by the Speaker of
'this Province, which was after the Adjournment of
' the House, he immediately wrote to the Speaker of
' the Massachusets Bay, acknowledging it, and assur-
' ing him that he should take the earliest opportunity
'of laying it before the Assembly of this Province.
' That this ivas done in the May Sitting. But as the
' House had before given the above mentioned In-
' structions to their Agents, in a good Degree antici-
'patiug the Design of the Circular Letter, and con-
' eluded that they should be more capable of pursuing
' the Measures proper and necessary to Support the
' Rights of the Colonies, from Information which they
' expected to receive from their Agents and otherwise,
' they postponed the further consideration of that
' Letter, and other publick Business, to their Sitting
' in September, and adjourned to an earlier Day in
' that Month than usual, for that Purpose — when
' there is not the least room to doubt but that they
' will pursue every Measure that shall be further
' necessary to assert the Rights of America in gen-
1 eral, and those of their constituents in particular."
When the Assembly met in September they ac-
cordingly resumed the Consideration of this Mat-
ter, and besides agreeing upon Petitions to the King
and Parliament, came to the following Resolutions,
upon your Lordship's Letter to their Governor, viz 1
" liesolved. That by the Charter of Privileges
"granted by William Penn, Esq" the first Proprietor
"of the Province, and by Laws confirmatory thereof,
"which have received the Royal Approbation, the
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 69
"General Assemblies of this Province have an mi-
sdoubted Right to sit on their own Adjournments,
" and the Governor for the Time being cannot on any
"Pretence whatsoever prorogue or dissolve them.
"Resolved, That it is the indisputable and inherent
"Right of the General Assemblies of this Province at
"all Times to receive Letters from any or all of the
' ' Representative Bodys of the People of the other Col-
" onies respecting the Greivances of the said Colonies,
"and in Consequence thereof to form and present de-
" cent and dutiful Petitions to the King or the Parlia-
" ment for Redress."
My Motive in giving your Lordship so particular an
account of the Transactions of the Assemblies of New
York and Pennsylvania, is not to palliate or justify
the Conduct of the Assembly of New Jersey, but
merely to shew that they have not been singular on the
occasion, and that even the Colonies which his Majesty
thought had set them an Example to the contrary,
had acted in a manner nearly similar. Indeed I think
it my Duty to assure your Lordship, while I am on
this Subject, that it is my firm Opinion, That there is
scarce an Assembly man in America, but what either
believes that the Parliament has not a Right to impose
Taxes for the Purposes of a Revenue in America, or
thinks that it is contrary to Justice, Equity and Sound
Policy to exercise that Right, under the present Cir-
cumstances of the Colonies, supposing it ever so
unquestionable.
The Disputes between Great Britain and her Colo-
nies on this Head are of the utmost Importance to the
British Interest, and tho' they have now subsisted for
several years seem not the nearer being settled. The
Parliament, it is true, did by an Act passed in the
the 6 th year of his present Majesty, declare that they
had full Power & Authority to make Laws binding
upon the Colonies in all Cases, whatever; and this
70 ADMINISTRATION OF GOVERNOR FRANKLIN. [17G8
Act, tho' it was far from satisfying the Minds of the
Colonists as to the Point of Right, yet they in general
quietly acquiesc'd in it, upon a Supposition that the
Parliament would be contented with having made
that Declaration of their Power, and never attempt to
exercise it more in raising a Revenue within the Colo-
nies. But when an Act passed last year " for grant-
ing certain Duties in the Colonies & Plantations in
America," it immediately rekindled the Flame that
had subsided from the Time of the Stamp Act, and
has occasioned as general Dissatisfaction and Uneasi-
ness as ever prevailed among any People. A Military
Force has been sent over, which I believe, will have
the good Effect to prevent such scandalous Riots, and
Attacks on the Officers of Government, as had before
prevaiPd in the Town of Boston, and probably be a
Means of hindring (for some Time at least) any public
Opposition being given to the Execution of Acts of
Parliament. But this does not remove the principal
Difficulty. Mens Minds are sour'd, a sullen Discon-
tent prevails, and, in my Opinion, no Force on Earth
is sufficient to make the Assemblies acknowledge, by
any Act of theirs, that the Parliament has a Right to
impose Taxes on America. And tho' the People may,
for a while, avoid publickly opposing Duties and
Taxes laid on them by Great Britain, yet I apprehend
that, as long as this Temper continues, they will do all
in their Power, in their private Capacities, to prevenl
the consumption of British Manufactures in the Colo-
nies, that the Mother Country may thereby lose more
in her Commerce than she can possibly gain by way
of Kevenue.
Having given your Lordship, as 1 thought it my
Duty to do, this Information respecting the Senti-
ments & Disposition of the Assemblies and People of
the Colonies in general,! shall now proceed to those
Parts of your Lordship's Letter which particularly
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 71
concern myself. Your Lordship is pleased to observe
"that my entire Ignorance of what was passing in
" the Assembly concerning the Letter from the Mas-
"sachusets Bay, which was the constant Object of
"their Deliberations almost from Day to Day for a
"Course of more than three Weeks, betrays a very
"blameable Inattention to my Duty." There are two
Mistakes in this Observation of your Lordship. In
the first Place I was not entirely ignorant of what
was doing in the Assembly concerning the Letter,
nor was the Letter the constant Object of their Delib-
erations almost from Day to Day; and I cannot but be
surpriz'd where your Lordship could get such Infor-
mation. It could not come from me; for I expressly
told your Lordship in my Letter N° 5, "that I saw it
' ' mentioned on their Minutes [which are generally
"delivered to me every Evening during the Session]
' ' that such a Letter had been laid before the House,
"and a Committee appointed to prepare and bring in
"a Draft of a Letter in Answer thereto," and that "I
"then made Enquiry concerning it, and learnt that it
"was not likely to have much Weight with the As-
sembly." And as to the other Point it is evident by
the Minutes of Assembly which I sent your Lordship,
that the Letter was only read the 15 th and taken into
Consideration the 16 th of April when a Committee was
appointed to prepare and bring in an Answer; and
from that Time to the End of the session, which was
the 1< ) th of May, not the least Notice was taken of the
Letter, nor even Mention made whether there was or
was not an Answer prepared. This it was that led
me to think that they had declined answering it at all,
but it has since appeared that an Answer was wrote &
sent, tho' neglected to be entered on the Minutes. If
your Lordship means that the Subject on which they
petitioned His Majesty was daily an Object of their
Deliberations, that too will be found to be a Mistake,
72 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1768
for it was not taken into Consideration at all" till the
22 d of April, when a Committee was ordered to pre-
pare a Draft of a Petition, and from that Time till the
5 th of May following, when the Draft was brought in,
no Notice whatever was taken of the Matter. It re-
ceiv'd a Second Eeading, was amended, and ordered
to be engross'd the next Day; which being done it was
signed of course, and ordered to be transmitted to the
Agent. The Chief Object of their Attention during
the Session was indeed a Bill for a Paper Currency,
and tho' they went thro' a considerable Deal of other
Business, yet they spent very little Time on any one
Matter except that particular Bill.
It is true, that "I did not (as I acquainted your
'"Lordship) know that the Massachuset's Letter was
"received by the Speaker of the Assembly of this Col-
"onytill I saw it mentioned on their Minutes." I
had a short Time before, indeed, read in a Newspaper
u That the Assembly of Mass* 8 Bay had agreed to send
Letters to the several Assemblies on the Continent,
recommending it to them to join in humble dutiful &
loyal Petitions to His Majesty & c respecting the late
Act of the Parliament granting duties in the Colonies."
But I never heard anything more of the Matter till I
went to Amboy to meet the Assembly, which was
in about six Weeks after. Nor would this appear
strange to your Lordship if you knew my situation.
I live in a very Small Town where there is Scarce any
Business carried on with any other Place, and no Posts
passing through it, we have not so quick, nor so full,
or regular Intelligence of Occurrences in the other
Colonies as they have in most of the ol her Seats of Gov-
ernment in America. At the Time of Year the Massa-
chuset's Letter is dated, viz- in the Month of February,
and for uear a Month after, our Commerce with Phil-
adelphia, from whence we get the chief Part of our
Intelligence, is generally stop'd for several Weeks
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 73
together on Account of the Ice in the River Delaware.
The Speaker of the New Jersey Assembly resides at
Amboy, Fifty Miles from this Place, and as we seldom
correspond, I had but little Chance of hearing that he
had receiv'd a Letter from the Mass* 8 Speaker until I
came to Amboy. I arrived there the ll 1 ! 1 of April, and
was to have met the Assembly the next Day, but a
sufficient Number of Members to make a House did
not appear till the 15*. 11 The Speaker had not in this
Time thought proper to inform me of his having
receiv'd any Letter from the Mass 1 . 8 Bay, nor did he
think it necessary to mention anything of the Matter
to me. This too, I believe, was the Conduct of every
other Speaker who receiv'd such a Letter to every other
Governor. They look'd upon it as belonging to the
Assembly alone to whom it was directed, and that no
other Persons whatever in the Province had or ought
to have any Concern with it. However when the
Minutes of the 15 th were brought to me in the Eve-
ning, and I found that such a Letter had been receiv'd
and that Day laid before the House, I immediately
made Enquiry concerning it, and was inform'd that it
was only a Letter to acquaint them with what the
Assembly of Massachusets Bay had said in the Peti-
tions & Representations they had sent to England
against Some later Acts of Parliament, and requesting
them, if they view'd those Acts in the same Light,
that they would likewise petition against them. This,
one of the Members inform'd me, was the Substance
of the Letter, but he at the same Time said that he
believed it would have very little Weight with the
House; however, I might rely that there was no Dan-
ger of their going into any Measures with the Mass 1 . 8
Assembly, unless it might be so far as to petition His
Majesty, and to return them a complaisant Answer to
their Letter. As I receiv'd this Information from one
in whom I had a Confidence, I became easy as to that
74 ADMINISTRATION OF GOVERNOR FRANKLIN. [17C8
Matter. Soon after I was taken extremely ill with a
Fever, which confin'd me to my Bed for about Ten
days, so that it was not in my Power to attend much
to any Business, and in a few Days after I recovered
the Assembly having gone thro' their Business, desired
to be dismissed, and I prorogued them accordingly. I
had observed by the Minutes which were brought me
a Day or two before the House was dismiss/}, that a
Petition to his Majesty was agreed upon, but the Peti-
tion itself was not entered in the Copy of the Minutes
sent to me, but only the Place mark'd where it was to
be inserted. I had, however, no Reason to imagine
that the Petition would be worded in such a Manner
as to give Offence, as the Resolve on which it was
founded was couched in the following respectful
Words, viz* "Resolved, That an humble dutiful &
"loyal Petition be presented to His Majesty, humbly
"beseeching him to take the distressed Condition of
"the Colonies in general, and this in particular, into
"his paternal Consideration; and therein making
"Such Representations to His Majesty, as may best
"tend to obtain Redress from the Laws complained
"of." And Several of the Members have since told
me that it was their Intention, and they thought they
had carefully avoided giving any possible Cause of
Offence, for as to the Passage wherein they appear to
call in question the Right of Parliament to impose
Taxes on the Colonies, it was in their Opinion ex-
press'd in Language as humble and diffident as the
Nature of the Case would admit: For that they had
not deny'd the Power, but only said in their Petition,
k ' That it was a Taxation upon them from which they
" conceived they ought to be protected by the acknowl-
" edg'd Principles of the Constitution that Freemen
" cannot be taxM but by themselves or their Represen-
tatives," & c They added, That the Cause of their Pe-
titioning the King was not so much the Quantum of the
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 75
Tax impos'd upon them, as its being imposed by a Body
of Men among whom they had no Representatives, and
that therefore they might as well not have petition'd
at all, as not to have mention'd their Sentiments on
this Head. However, as I informed your Lordship in
my former Letter, I never saw the Petition till it
was printed in the Minutes, which was several Weeks
after the Assembly were prorogued; and when I said,
in my Letter to your Lordship, That "the House
" had agreed that an humble dutiful & loyal Address
" should be prepared & sent to His Majesty " I did not
mean that I thought it such, or indeed to give any
Opinion of it whatever, but only to quote the very
Words of the Resolve on which it was founded. But
if I had seen the Petition immediately after it was
agreed to, it would not have been in my Power to have
prevented their transmitting it to England; for had I
either prorogued or dissolved them upon it, the Mem-
bers could have sent it to their Agent notwithstanding.
I must, however beg your Lordship to remember that
T had not at that Time, nor for Five Weeks after the
House was prorogued, and near a Month after that
Assembly had been actually dissolved, receiv'd your
Lordship's Letter of the 2i s . t of April, enclosing a Copy
of the Massachusets Circular Letter, and directing me,
if " there should appear in the Assembly of this Prov-
" ince a Disposition to receive or give any Countenance
" to that seditious Paper, to prevent any Proceeding
"upon it, by an immediate Prorogation or Dissolu-
" tion." Had I receiv'd your Lordship's Letter before
or during the Sitting of the House, I should most cer-
tainly have obey'd the Directions it contain'd; but as I
had never seen the Massachuset's Letter, nor had any
other Knowledge of its Contents but what I had from
a Member as before mention'd, I apprehend I could
not with any Propriety have prorogued or dissolved
them for Receiving and Answering it or for agreeing
7G ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
to petition His Majesty on the Subject of the late Acts
of Parliament. Petitioning the King is generally
deem'd an inherent Eight of the Subject, provided the
Language be decent, and had I attempted to hinder
the Assembly from exercising this supposed Right,
without Orders from my Superiors, I had Reason
to apprehend that I should not only have been
accused here of an unwarrantable Stretch of Power,
but have been blam'd by His Majesty and his
Ministers: For, in a Letter which I had the Hon-
our of receiving from your Lordship's immediate
Predecessor in the American Department, (after
mentioning His Majestys Gracious Approbation of
my Conduct) is this Paragraph, viz. "The Ease
" and Honor of His Majesty's Government in America
•* will greatly depend on the Temper and Wisdom of
"those who are entrusted with the Administration
"there.. A Conduct regulated by just and liberal
"principles, suffering no Encroachments on the one
"Hand, on His Majesty's just & lawful Prerogative,
"and on the other, beholding with Pleasure the pru
" dent and decent Exercise of that Freedom which be-
" longs to the People, cannot fail engaging the Hearts
" of His Majesty's American Subjects, and of continu-
"ing in New Jersey that dutiful Disposition towards
" His Majesty & Confidence in Government, which you
" represent, so much to its Honour to have prevailed
"there." — It is on these Principles, my Lord, that I
have constantly acted since I have had the Honor to
preside in this Government, and I have Reason to
think that it is in a great Measure owing to such Con-
duct that this Province has occasion'*! no Trouble to
Administration, and been kept so quiet during the late
& present Disturbances in America. It had His Maj-
estys Approbation at the Time of the Stamp Act, ami
I was in hopes that the like Cause would have pro-
duced the like Effect on the present Occasion.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN'. ?7
Your Lordship proceeds to say, kt That my declaring
" when fully appriz'd of these Proceedings [of the As-
" sembly] that I had no Reason to believe there was a
" Disposition in the People to enter into any unwar-
rantable Combinations with the Massachuset's As-
" sembly indicates a Disposition that does not corre-
" spond with those Principles which ought to be the
" Rule of my Conduct/' I doubt not but your Lord-
ship will allow, that Truth & Honor are Part of the
Principles by which I ought to be govern 'd; and I am
sure I should have acted very contrary to the Dictates
of these, had I said I had any Reason to believe there
was at that Time a Disposition in the People to enter
into any unwarrantable Combinations with the Mass* 8
Assembly. But had they agreed to enter into any
Measures with them for Opposing the Execution of the
Acts of Parliament they complain'd of, or gone any
further Lengths with them than Petitioning I should
have deem'd it an unwarrantable Combination, and
have immediately given all the Opposition in my
Power. Nothing, however, of this kind I was con-
vince was intended by the Assembly of New Jersey,
and I therefore acquainted your Lordship with my real
Sentiments of their Disposition in this respect. — Your
Lordship will wrong me if you suppose what I have
said in Behalf of the Ass? is owing to any particular
Attachment I have to them; — for their- Conduct with
regard to His Majesty's just Prerogatives, the Publick
Good, and to myself, has been in several Instances
such as I could by no means approve. But I am not
one of those Governors, and I hope I never shall be,
who because they happen to differ in Sentiments, or
fail in carrying a Point, with an Assembly, think
themselves justifiable in misrepresenting all their
Actions, catching at every Trifle, & magnifying it to
that Degree that it may appear a Matter of the utmost
Consequence. If that was my Disposition, I could, to
IS .\ DMINISTHATIOX 01 GOVERJSTOB FRANK UK. [1768
be sure, very soon throw the Province into a Flame,
involve the Assembly and People in Disputes with
Government, and obtain a Character of being one of
the most active zealous Officers in His Majesty's Ser-
vice; but at the same Time I should most probably do
essential Hurt to the real Interest of His Majesty and
the Publick. I have always, however, when I con-
ceiv'd that the Assembly had acted contrary to their
Duty, if it was in a Matter of Importance, inform 'd
His Majesty's Ministers of it, bat at the same Time I
have never omitted acquainting them with the full
Merit due to the Assembly on other Occasions. And
it has been a great Pleasure to me to find that their
Conduct as well as my own has so often met with His
Majesty's Approbation. — Your Lordship is the first
Minister among the Number I have had the Honor
to transact Business with, since my Appointment to
this Government, by whom my Conduct has been any-
ways censured, or indeed from whom I have not
receiv'd some Commendation. — But what gives me
the most Concern is, that your Lordship seems even
to doubt if my Principles are such as they ought to
be. — It is not my Disposition to make ostentatious
Professions: But if my entering very early into and
frequently risquing my Life in His Majesty's Service:
If my having been very active, with my Father, in
assisting General Braddock and his Forces on their
Arrival in America, without any Pay or Eeward ex-
cept the Strong Commendations of the General: 1 If
upon his Defeat, my going in the Depth of Winter
and assisl ing my Father in erecting a Line of Foils on
the Frontiers of Pensylvania, at a Time when the In-
dians were Spreading Desolation and Terror through-
out the Province, and when even the then Governor
was for having the Inhabitants of all the Frontier
i See Franklin's Works, [., 188-8; Penn. archives, n . 309
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 79
Counties abandon their Settlements, but which they
were prevented from doing only by the Measures
which we took for their Protection: 1 If the Approba-
tion of all His Majesty's Ministers, and the Acknowl-
edgment of all the Commanders in Chief of the King's
Forces in America, on Account of my Activity, Zeal,
and Success in promoting His Majesty's Measures,
since my Residence in New Jersey: — I say if all these
are not sufficient Testimonials that my Principles are
such as ought to be the Rule of my Conduct in the
Station His Majesty has honour'd me with, nothing I
can say or do besides will be of any Avail. Your
Lordship was, very probably, unacquainted with these
Circumstances; nor should I have made any Mention
of them, but in my own Justification, as your Lord-
ship had thought proper to call my Principles in
question.
With regard to the Assembly's Answer to my Mes-
sage desiring them to enable me to send your Lordship
a complete Collection of the Laws, I am far from
justifying it, and I told several of the Members, soon
after it was presented to me, that I greatly disapprov'd
of it, and did not doubt but it would give your Lord-
ship offence. They answered that they did not mean
any, that they were a plain People not skill'd in
courtly Language, and all they meant was that your
Lordship should know that this Colony had done its
Duty in regularly transmitting their Laws to England.
— The Reason why I apply'd to them on this occasion
was, because I had not a complete Collection of the
Laws myself, nor knew where to get them to transmit
to your Lordship, unless they could furnish me with
them in Print, or enable me to employ Clerks to make
out a Copy in Manuscript. Some years ago all that
were then in Force were collected & reprinted in Two
1 See Franklin's Works, I., 197-8; Penn. Col. Records, VII., 10-17; Parton's IVank-
in, I.. 361-2.
80 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Volumes Folio, ' but those pass'd since that Time have
been jDublish'd separately, and many of these are out
of Print, or in private Hands who do not chuse to part
with them. The House generally reserve four Copies
of the printed Acts of each session for their own Use,
so that I was in hopes that they would have been able
to have spar'd one of them for the Purpose your Lord-
ship desired, but it seems that by some means or other
they have but one complete Copy left. The Speaker in-
form'd me a few Days ago, that he had not been able as
yet to complete the Collection ordered by the House, but
that he was using his Endeavors, & hoped to have it
in his Power to send it to me in a short time. The
Assembly will, I believe, at their next Session, agree
to have a 3? Volume publish'd, including all the Laws
which have been pass'd since the Printing of the
Second Volume. -If the House really considered the
Application to them on this Head merely as a Request
of your Lordship, and not as a Command from His
Majesty, as your Lordship apprehends they did, I
know of no Reason for it, nor do I see why it should
have made, if it did make, any material Difference
with them. Your Lordship, in your present Station,
might certainly, with great Propriety, make such a
Request, & expect it to be comply'd with, tho' it was
not in pursuance of His Majesty's particular Com-
mands. I am inclined to think that the Assembly
were not aware of, and did not intend, the Distinction,
tho' their words seem to imply it. To prevent Mis-
lakes, however, I communicated your Lordship's
Letter on the Subject to them, and stated the Appli-
cation, in my Message, exactly conformable to that
Letter, viz* ''The Governor desires the House will
" enable him to transmit to the Right Honorable the
"Earl of Hillsborough, a complete Collection of the
" Laws of this Colony, to he laid before His Majesty,
' Nevill's Laws, Vol. 1.. 1752; Vol. U.. 1761.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 81
"as requested in his Lordship's Letter No. 2." And
the Words of your Lordship's Letter are, " I have it in
"Command from His Majesty to desire you will by
"the first Opportunity transmit to me, to be laid be-
" fore His Majesty, a complete Collection of the Laws
"of the Colony."
I am entirely of Opinion with your Lordship, That
" the Practice which has been but too prevalent, of
" Governors communicating to the Assemblies the
"confidential Correspondence between them and His
"Majesty's Servants in England is big with the great-
"est Mischiefs." But my Practice I can assure you,
my Lord, has been uniformly otherwise, and I have
ever carefully avoided communicating to the Assembly
any Letter which was in its Nature the least confiden-
tial. The letters of your Lordship which I laid before
the House were N? 1, 2, and an Extract of N? 4 The
first was to acquaint me with His Majesty's having
appointed your Lordship Secretary of State for the
Colonies, and directing me to address my Dispatches
to you for the future. This Letter was merely official,
and contain'd nothing of a secret or confidential Na-
ture. It has been always usual to communicate the
Letter, Signifying the Appointment of a new Secre-
tary, to the Assemblies, and no ill Consequence ever
has or could possibly ensue from that Communication :
Besides, as His Majesty, whenever he thinks proper to
make a Requisition of an Assembly in America,
always signifys the same by the Secretary of State for
the American Department, it seems necessary that the
Assembly should Know from the best Authority who
that Secretary is, and that He is authorized to make
such Requisition. The Second Letter was likewise no
ways confidential. It was only to inform me that you
"• had it in Command from His Majesty to desire I
" would transmit to you to be laid before His Majesty,
' ' a complete Collection, of the Laws of the Colony
82 ADMINISTRATION OF GOVERNOR FRAXKLIN. [1768
"under my Government." As it was not in my
Power to comply with this Desire of your Lordship, I
requested the Assembly would enable me to do it, and
to shew that it was likewise a Requisition from His
Majesty I laid the Letter itself before them.— The let-
ter N? 3, I did not communicate any Part of, but if I
had communicated the whole it could not have been
of any ill Consequence, as it only contain'd a Duplicate
of an Address to His Majesty from the House of Com-
mons in the Year L766, which had been publish 'd, and
was well known in all the Colonies in America.— And
as to the Letter N° 4, I only laid the three first Para-
graphs before the Assembly. The first of these was
just to inform me of your Lordship having receiv'd
several of my Letters that were directed to the Earl of
Shelburne. The 2? & 3? Paragraph are as follows, viz.
" The Law passed in June last for making Pro-
" vision for Quartering His Majesty's Troops, is before
"the Lords of Trade for their Consideration, and it
" will be a great Satisfaction to His Majesty, if, upon
" their Lordship's Examination of it, it shall be found
" to be conformable to what has been directed in that
" Case by Act of Parliament." — "The very becoming
" Testimonies which have lately been given by almost
" all His Majesty's Colonies, of their dutiful Submis-
' k sion and Obedience to the Laws and Authority of
"the Mother Country, have given His Majesty the
"greatest satisfaction, and cannot fail of restoring
"that mutual Confidence essential to the Interest &
" Welfare of both." As the Assembly had at the
Time I receiv'd this Letter a Bill foi making Provision
for Quartering the King's Troops under their Consid-
eration, it was the Opinion both of the Council & my-
self, that these Paragraphs of your Lordship's Letter
would be likely, if any thing could, to induce them to
frame their Bill conformable to the Act of Parliament.
To answer this desirable Purpose 1 communicated them.
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 83
The other Parts of the Letter tho' they could Scarcely
be thought confidential, I did not think quite so proper
for their Perusal, and therefore only gave them an
Extract containing the above Paragraphs. This was
all the Communication of your Lordship's Letters
which I have made to the Assembly, nor had I re-
ceived any other from you till after the Assembly
were prorogued. I am very Sorry your Lordship has
been so " greatly alarmed " upon this Occasion. Had
I suspected that there was the least Probability that
you would have deem'd it "an unwarrantable Devia-
"ation from my Duty, and a Disrespect to a Corre-
" spondence directed by the King himself/' to have
laid any of your Lordship's Letters before the House,
I should have been very far from doing any thing of
the kind. But I trust your Lordship will excuse me
when you find that nothing in its Nature confidential
has or really could have been communicated by me at
that Time.— I might indeed, in my Letter to your Lord-
ship, have assign'd my Reasons for communicating
those Letters, and should probably have done it, had
I thought the Matter of Sufficient Consequence to
trouble your Lordship with.
But nothing contain'd in your Lordship's Letter has
more astonish'd me, than that Part where you men-
tion that "you have receiv'd the King's Commands to
" Signify to me His Majesty's Disapprobation of my
' ' Conduct in assenting to the Act [passed in June
" 1767] for making Provision for Quartering His Maj-
esty's Troops, notwithstanding a Law of the same
" Nature, passed in 1766, had been before rejected by
"His Majesty in Council, for the same Reasons." I
have that Confidence in the Goodness & Justice of my
Royal Master, which persuades me to believe that this
could not have happened, had the Matter been rightly
represented to His Majesty. It is possible that your
Lordship may be unacquainted with the Circumstances
84 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
of that Transaction, as it was previous to your Ap-
pointment to the American Department. I must
therefore beg leave to state them fully to your Lord-
ship, that you may be the better enabled to judge
whether my Conduct in this respect has really merited
the Censure it has receiv'd. The first Act of Assem-
bly for Supplying the King's Troops quartered within
this Province with Necessaries was passed in June
1766, the Year after the Act of Parliament for that
Purpose. When I transmitted it to the then Secre-
tary of State I wrote to him concerning it, as follows,
' In the Act for Supplying the several Barracks
'<>}■< cted in this Colony with Furniture, and other
'Necessaries for accommodating the King's Troops
1 in, or marching through tJiis Colony, they have,
' instead of Specifying the several Articles required
'to be furnished by the late Act of Parliament,
'im powered the Barrack Masters to provide Fire-
' ivood, Bedding, Blankets, & such other Necessaries
'as have been heretofore usually furnished to the
'several Barracks within this Colony. I did all I
' could to prevail on them to insert the very Words
'of the Act of Parliament, and to impower the
'Barrack Master to furnish, at the expence of the
' Province, the same Articles as were therein re-
' quired. But it was to no Purpose. They said they
' had always furnish'd every Thing which was neces-
'sary; that the Officers & Soldiers who had been
' quarter'd here never complain'd, but on the contrary
'many of them acknowledg'd they were better accom-
' modated here than they had ever been at Barracks in
' Europe: They added, that they look'd upon the Act
k of Parliament for quartering Soldiers in America,
' to be virtually as much an Act for laying Taxes on
1 the Inhabitants as the Stamp Act, and that it was
• more partial as the Troops were kept in a few of the
' Colonies. I was therefore oblig'd to take the Act as
1768] ADMINISTRATION" OP GOVERNOR FRANKLIN. 85
"it was tendered, or to let His Majesty's Troops
"remain unprovided with Necessaries. I have, how-
" ever, the Pleasure of finding the Regiment station'd
" in this Province perfectly Satisfy 'd with their Quar-
ters. No Complaints whatever have been made to
' ' me, and I believe there are but few if any Articles
"of Consequence required by the Act of Parliament
" but what they are furnished with here." — I was in
hopes, when I sent this Letter, that I should receive
an Answer to it before the next meeting of Assembly,
and learn whether the Act had been approv'd or was
likely to be approv'd of by His Majesty; that I might
thereby know how to regulate my Conduct when
another Act for the Same Purpose should come under
Consideration. But in this I was greatly disappointed,
for when the Assembly met, in June following, (the
Usual Time of Year for Passing the Annual Bills) I
had heard nothing on the Subject from the Ministry:
And as a considerable sum of Money more than was
granted by the first Act had been expended, I found
myself under the Necessity of applying to the Assem-
bly to provide for the Repayment of that Money to
those who had advanced it for His Majesty's Service
on the Credit of the Province, and for a further Sup-
ply for the King's Troops. Accordingly I told them
in my Speech at the Opening of the Session, ' ' That
" the Provision made at the last Session for Supplying
" such of the King's Troops as might come within this
" Colony with Necessaries, had proved considerably
" deficient. I must therefore recommend it to you, to
' ' discharge the sums which have been advanced by
"the Treasurer & Barrack Masters on this Account,
"and to make Provision for the further Support of
" those Troops in the Manner His Majesty ewpects.
" You will probably think it necessary, for the future,
' ' to place a greater Confidence on these Occasions in
" the proper Officers of Government (who have always
80 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
" manifested their Frugality & Oeconomy with regard
" to the Publick ; and not put them under the disagree-
" able Necessity of advancing Money at the Risque of
"their private Fortunes, or of applying for a Meeting
"of the Assembly on every new or unforseen Applica-
" tion from the General." In their Answer, near the
Close of the session, they told me, " That they had
"made Provision by Law, for Discharging the Arrear-
' ' ages due to the Barrack Masters, and for Supplying
"the King's Troops quarter'd in this Colony with
"Necessaries, that would not be liable to the Incou-
"veniencies I had mentioned." The Provision made
by the Assembly at this Session (June 1767) for the
further Support of the Troops, was 5<»0£ for each of
the five Barracks in this Province, instead of loot
allow'd the year before, and an Allowance of Vinegar
& Small Beer, the only two Articles that were required
by the Act of Parliament which were not " heretofore
usually furnished" by the Province to the King's
Troops when quarter'd in Barracks. This I look'd
upon as a very considerable Point gain'd, as here was
an absolute Compliance with the spirit of the Act of
Parliament, in furnishing all the Necessaries required,
tho' there was some Variation from the Mode which
that Act directed. This Variation, it was the Opinion
of His Majesty's Council and myself, was not of suffi-
cient Importance to justify our total Rejection of the
Bill, especially as there was not the least Hopes of in-
ducing the Assembly to give up the Point, and as there
was no other way that we know of in which the King's
Troops could be furnished with those Necessaries.
Besides, at this Time I did not know but what the
Law of L766, (tho' by no means so full a Compliance
with the Act of Parliament) had met with the Royal
Approbation, as I had then heard nothing to the con-
trary. Your Lordship will therefore, I hope do me
the Justice to acknowledge that ii is greatly aggrava
K()8] ADMINISTRATION OK GOVERNOR FRANKLIN. 87
ting my Supposed offence, to say ' ; That I assented to
"a Law contrary to an Act of Parliament notwith-
" standing a Law of the same Nature, passed in LT66,
" had been before rejected by His Majesty in Council
"for the same Reasons. " This Representation con-
veys the Idea that I assented to a Law in 1767 of ex-
actly the same kind as that of L766, notwithstanding I
knew at the Time that the latter had met with His
Majesty's Disapprobation. On the contrary, the Law
of 1707 was very materially different from that of
L766, it granting all the Necessaries required by Act of
Parliament, which the other did not : And it was not
even possible for me, at the Time of the June Session
in 1707 to know that the Law of 1700 had been rejected
by His Majesty in Council. The first Intelligence
which was sent me of it was in a Letter from the Earl
of Shelburne, dated the 7th of August 1707, which I
receiv'd the latter End of October following, four
Months after that Session was over. His Lordship
had indeed wrote to me on the 18th of July, that "His
" Majesty was displeas'd at the Assembly for having
"avoided a complete Obedience to an Act of the
"British Parliament," &c but his Lordship did not
give me the least Intimation in this Letter' that my
Conduct in Passing it was in any wise disapprov'd, nor
acquaint me whether the New Jersey Law of 1760 was
or was not disallowed, and if he had, it was then too
late to prevent the Law of 1707. — Had I understood
before the Passing of this Law that the one passed in
1700 was repealed, and that His Majesty disapprov'd
of my Conduct in having assented to it, or had I re-
ceiv'd any Intimation from the King's Ministers that
I must not, on any Consideration whatever, give my
Assent to a Law for that Purpose, unless it was a com-
plete Obedience in every respect to the Act of Parlia-
ment, I should not on any Account have acted con-
trary. But as I receiv'd no Commands or Intimations
88 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
of the kind, I was induced to think that I was left to
act, as I had done before, in the best Manner I could
for His Majesty's Service, & the Publick Good ; and
that if it should not be in my Power, after using my
utmost Endeavors, to obtain these Purposes exactly in
the Manner required, I was then to obtain them in the
best way I could, and not for mere Modes to Sacrifice
Essentials. This, I know, has hitherto been the Rule
of Conduct with several other Governors, as well as
myself ; and many Instances may be given where
Governors in order to carry His Majesty's Measures
into Execution, and to serve the Public, have been
obliged to deviate from the strict Letter of the King's
Instructions. But no Instance do I remember of the
GovF being blam'd for such a Deviation, especially
where the principal End of the Instruction was ob-
tain'd : And tho' the Deviation in the present Case is
from a Mode prescribed by an Act of Parliament, yet
I humbly conceive, the same Occasion, (the King's
Service and the Publick Interest,) will justify this as
well as the other. I do not mean, however, that Gov-
ernors have, or ought to have a Power of Dispensing
with Acts of Parliament, but only that they may be
at Liberty, where Circumstances render ifc necessary,
to consent to some small Deviation from the Mode,
provided the principal hJncl of the Act is obtain'd, and
the Deviation is not contrary or repugnant to that.
I have perused the Report of the Board of Trade to
which your Lordship refers me for "the Reasons for
the Disallowance of the Law of t T < > 7 . ' ^ -The first of
these is the Nomination of the Commissioners for sup-
plying the Barracks, which is made the Act of the
General Legislature instead of the Governor and Coun-
cil, as directed by the Act of Parliament. This 1 took
a good deal of Pains to have altered; and before the
passing of (he last Act I went so far as to give private
Assurances to several of the members that I would ap
1768] ADMINISTRATION" OF GOVERNOR FRANKLIN. 89
point the very same Persons Commissioners whom
they had nominated in the Bill, provided they would
give up that Point. They were determined, however,
that their Law should vary in some Instances from the
Act of Parliament, and seem'd to be of Opinion, that
as they had complied with that Act so far as to grant
all the Necessaries required, it would not be thought a
Matter of much Consequence whether the Commis-
sioners were nominated in the Law, to which the Gov-
ernor and Council gave their Assent, or by the Author-
ity of the Governor & Council alone. But I urg'd that
the Nomination of Commissioners for such Purposes
was a Matter which concern'd the Prerogative, and
that it ought to be by the Govr & Council only even if
the Act of Parliament had not particularly enjoin'd it ;
but all I could say had no Effect, & they adhered to
their Bill. In Pensylvania, I am told, the Barrack
Master, who supplies the Troops with the Necessaries
allow'd by Law, is appointed Solely by a Resolve of
the House of Representatives. As to the Second Ob-
jection made by the Board of Trade, I must inform
your Lordship, that tho' the New Jersey Law "does
not recite the Particulars as enumerated in the Act of
Parliament," yet the Words "other Necessaries which
have been heretofore usually furnished" include, with
the particular Articles that are enumerated, all those
required by the Act of Pari? except Vinegar & Small
Beer, which are afterwards allowed by a separate
Clause. As to what their Lordships say of " the lat-
ter being limited to a less Quantity for each Man $r
Day than is prescribed by the Act of Parliament,' 1 1
am told it was not look'd upon in that Light by the
Assembly. The Words of the Act are " not exceeding
Five Pints," which were construed, by some of the
Barrack Masters, to give them a discretional Power in
that respect ; and therefore to prevent any Dissatisfac-
tion being given to the Troops on that Account, En-
'.Id ADMINISTRATION OF GOVERNOB FK A N K I.I \. [1768
quiry was made of the Officers what Quantity of Small
Beer would satisfy them, and they declared that four
Pints would be quite sufficient, upon which the Bar-
rack Masters were no longer left to their Discretion in
that Matter, but absolutely enjoin'd to furnish that
Quantity, and the Troops are, as far as I can learn,
perfectly contented therewith. — The other objection is,
That " there is a Clause which provides that the Money
" given shall not be applied to purchasing Necessaries
' ' for more than one Regiment in the Colony at any
" one Time, except during the Time of Relieving the
" Regiment quartered therein." On this I have only
to observe, That there is not one of the Assemblies in
the Northern Colonies which has made, or could be in-
duced to make Provision for the Supply of the Troops,
either in the Mode or to the Extent required by the
Act of Parliament. Not one of their Laws, I under-
stand, has the least Reference to that Act. Even the
Law of New York, which the Attorney & sollicitor
General are said to have reported to be a sufficient
Compliance with it, and which has, as such, been ap-
proval of and Confirm'd by the Crown, takes no No-
tice of the Act of Parliament ; and tho' this Law does
not limit the supply to one Regiment, yet it limits the
Sum to Fifteen hundred Pounds that Currency, where-
as ih<' New Jersey Law, now repealed, allows 500£ 1"
each of the five Barracks in the Province, — in the
whole Twenty five hundred Pounds Proclamation
Money, which is a Penny in the Shilling better than
that of New York. The Assembly of New York
thought that L5,00£ was sufficient tor the Supply of
one Regiment for one year, and therefore granted that
Sum. The Assembly of New Jersey, as they could not
exactly ascertain what would be sufficient tor the- Pur-
pose granted 25,00£. \i' more than one Regiment
should hereafter be quartered in New York the L5 3 00£
would be insufficient, and the Governor would of
1708] ADMINISTRATION OF GOVERNOR FRANKLIN. 91
course be oblig'd to call the Assembly together to make
a further Provision. Such would likewise be the Case,
if another Regiment was quartered in New Jersey, and
the Assembly of this Province can be call'd together in
as short a space of Time as that of New York. No
Assembly, however, I am convinc'd will make an Un-
limited Provision, as the Act of Parliament Seems to
require. They will either limit the Sum, or the Num-
ber of Troops to be supported, or both, and expect, if
a further Provision should become necessary, to be
call'd upon for that Purpose.
At the Session held at Amboy, in April and May
last, I was under the same Uncertainty with regard to
the Fate of the Law of 1767 for Supplying the Troops
with Necessaries, as I had been before on Account of
that of 1766. Tho' I had transmitted it in July 1767,
no Notice was taken of it to me till in your Lordship's
Letter of the 23 d of Feb 1 ? 1 76s, which I receiv'd during
the above mentioned Session; — but all the Informa-
tion that this Letter afforded me was, that the Law
was then under consideration of the Board of
Trade. However, the Money granted by it being ex-
pended, and more immediately wanted, and there
being no Certainty when I might know the Issue of
their Lordship's Deliberations or His Majesty's Deter-
mination upon it, I call'd upon the Assembly to make
a further Provision, in these Words, viz^ "Gentlemen
" of the General Assembly; Besides providing for the
" due Support of Government, I have in Command
" from His Majesty, to Signify to you that he expects
" and requires that you will make those Provisions for
" the Supply of the King's Troops in this Province
" which are directed by Act of Parliament." — The
Assembly, in their Answer, say, " As we have hereto-
fore paid all due Regard to His Majesty s Requisitions,
so we shall make such Provision for Supplying the
Troops, quartered in this Colony as are Consistent
92 ADMINISTRATION OF GOVERNOB FRANKLIN. [1768
with our Duty to our Constituants and our Loyalty
& Zeal for His Majesty's Service." They would not
even in their Address name the Act of Parliament,
much more have any Reference to it in their Law.
The Pains both the Council and myself took to get the
Law made conformable to that Act, and the Reasons
why at length we gave our Assent to it, I have already
laid before your Lordship in my Letter N. 3, and in
the Minutes of Council of the Session in May 176s, and
it is therefore needless for me to trouble your Lordship
with a Repetition of them here. I shall only add,
That as I understood that the Law of New York had
been appro v'd, I took the Pains at this Session to send
there for it, in hopes that the Assembly would have
been prevail'd on to make their Act conformable to
it, but a Majority of the House refused, tho' several of
their Members thought it would be a good Expedient
for preserving the Appearance of not giving up any of
their supposed Rights and Privileges, and at the same
time not occasion any Umbrage to the King or Parlia-
ment. I should not have given my Assent to this Law
of May 1768 after all, if I had thought that the Law
of 1767 would have been actually repeal'd. But the
Board of Trade did not, it seems, report against it till
the LOth of June, nor was it disallowed by the King in
Council till the 12* of August 1768, and your Lordships
Letter enclosing it- is dated the 16* of that Month, so
that I could not learn its Fate till several Months after
it had had its full Effect, and another Act was passed
for the Same Purpose. I had besides, Reason to be-
lieve, that the King's Ministers were much pleased
with my having been able to obtain a Law so nearly
complying with the Act of Parliament, considering the
Spirit which so generally prevail'd in the Colonies a;
the Time; and I had likewise heard that the Aft passed
in New York was deem'd a sufficient Compliance with
the Act of Parliament, notwithstanding il was liable
in some Respects to the same Objections as thai of
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 93
New- Jersey. These Considerations, I hope, will have
some Weight in removing any objections that may be
made to my Conduct on this Occasion. — It is most cer-
tain that I could have no possible interest or Induce-
ment to give my Assent to any of these Laws, but His
Majesty's Service, which I had reason to think would
suffer if the Troops were not furnished with the
Necessaries allow'd by Parliament, and the Province
besides being thrown into Confusion on that Account.
However, let the Event be what it may, I shall never
Venture again to give my Assent to any Act of the
like Nature, without positive Orders for the Purpose;
and as it is highly probable that when the Assembly is
called upon for a further Supply (which must be in
May or June next,) they will act in the same Manner
as before, I hope I shall by that Time receive explicit
Directions for my Conduct. As to Dissolving them in
Case of Non Compliance, I am sure it will not avail
anything. I have known that Experiment frequently
tried by Governors, but I never knew of an Instance
where Government found any Advantage by it. The
Succeeding Assembly has been either the same Men or
worse; for as their Dissolution is generally on some
popular Point, it only serves to increase their Popular-
ity, and enables them, if the Governor has a few
Friends in the House, to get them removed, and others
of a different Complexion elected in their Places.
There are but very few of them that put any Value on
their Seats, for they cost them Nothing, and their At-
tendance on the Business of the Publick is frequently
productive of Inconvenience to their private Affairs,
and seldom proves of any Advantage to them. The
Governor of this Province has no other Means of in-
fluencing them but by his Prudence and Management,
for he has not a Post or Place in his Gift that is worth
any of their Acceptance, they being chiefly Men of in-
dependent Fortunes, and the Salaries of Offices here so
94 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
very low, that it is often difficult to find Persons who
are any ways qualified to accept of them. The only
Offices from which any Profit can be made are the At-
torney General's and those now annexed to the Secre-
tary '^ office; but these Officers and the Chief Justice
are generally appointed in England. The latter as I
have before inform'd your Lordship complains much,
and with Reason of the Smallness of his allowance.
And as to my own Office, I can with Truth assure your
Lordship that I have never in any one Year receiv'd a
Thousand Pounds Sterling, Salary & Fees included;
nor is there any Way for me to make more, unless I
have Kecourse to Measures that I would not be con-
cern'd in for all the Governments in the World. Per-
quisites there are none, nor has a Governor here any
of those Fees and Advantages which the Governors
have in other Provinces, where they have the Granting
of the King's Lands, &c. A Governor of New-Jersey
(tho' his Salary is much inferior to that of any other of
the King's Governors) is Subject to an Expence & In-
convenience that no other in America is liable to, by
reason of there being Two Seats of Government, where
he is oblidg'd to meet the Assembly alternately. I
seldom go from Home on this Account that it does
not cost me 150\£ extraordinary. In short, the neces-
sary Expences of Living are so much increas'd in
America, and particularly to one in my Station, thai I
have not been able with all the Frugality and ( Econo-
my in my Power to save any Thing out of my Income;
nor is it possible that I should, unless I was to live in
a Manner that would disgrace His Majesty's Commis-
sion, which I shall not do while I have the Honour to
held it.
I beg your Lordship's Pardon for the Length of this
Letter. I could have made it shorter, but that I was
unwilling to omit any Circumstance which might ex-
plain the Motives- of my Conduct, or have a Tendency
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 95
to remove His Majesty's Displeasure, — than which
Nothing could affect me more sensibly, as I have long
valued myself on a strict Performance of my Duty,
and the strongest Attachment to my Sovereign. I
hope that I have not, in the Course of my Defence,
dropt any Expression which can any way offend your
Lordship. I am sure it was not my Intention. I
have the highest respect for your Lordship's Charac-
ter, and greatly wish to stand well in your Lordship's
Opinion. If I succeed in Eemoving His Majesty's
Displeasure, and your Lordship's Prejudices against
my Conduct, I shall be happy. But whatever may be
the Event, my Sentiments of Duty and Loyalty will
remain the same, and I shall chearfully Submit to the
Pleasure of that King whom it has hitherto been my
chief Glory to serve faithfully.
I have the Honor to be, with the greatest Eespect,
My Lord, Your Lordship's
most obedient & most humble Servant
W M Franklin
Letter from Gov. Franklin to the Earl of Hillsborough,
relative to the Treaty with the Indians for set-
tling the boundary line between them and the
British Colonies.
[From P. R. O. America & West Indies, Vol. 174 (192).]
Burlington, Dec- 17, 17<;s
Eight Hon ble the Earl of Hillsborough.
My Lord,
I acquainted your Lordship in my Letter N? 12, that
I was then on the Point of setting out on a Journey
to Fort Stanwix, to assist at a Treaty with the Six
96 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768
Nations for settling a Boundary between them and
the British Colonies. I was much longer absent than
I had any Reason to expect, owing to the Senecas and
some other distant Nations not coming in till several
Weeks after the Time fix'd for holding the Conference.
— Your Lordship will, of course, receive a particular
Account of the Transactions there from Sir William
Johnson, so that it is needless for me to trouble your
Lordship with any Recital of them here. So far as
they particularly concern'd this Colony, your Lordship
will see them in the Minutes of Council sent herewith.
I would only beg leave to observe in general, that
there was the greatest Number of principal Indians
assembled that was ever known at any Treaty, who all
seem'd perfectly satisfied during the Course of the
Negotiations, and return'd home in the best Disposition
that was ever known on such an Occasion. — If the
Boundary is Speedily ratified by His Majesty, I have
no doubt it will add greatly to their Satisfaction, and
contribute more towards securing a permanent and
lasting Peace with them than any other Matter
whatever.
On my Return Home I found your Lordship's Dis-
patches from N° 9 to 13 inclusive. The latter I have
already answered in my Letter N? L3, and your Lord-
ship may rely that I shall not fail paying punctual
Obedience to the Directions contained in the others, as
fat' as is in my Power.
I have the Honour to be, with the greatest Respect
My Lord, Your Lordship's
most obedient & most humble Servant
\\ 'v Franklin
1709] ADMINISTRATION OF GOVERNOR FRANKLIN. 97
Governor Franklin to Cortland Skinner.
room.]
Burlington Jan? 22?, lY68. r [lY69]
over nor i* ranKiin w uoniana oft
[From the original among the MSS. of G. D. W. Vr
Dear Sir
I receiv'd your Letter of the 5 th Ult? with the first
and second Volumes of the Laws, also another of the
9 th Instant, mentioning that you are unable to furnish
me with all the Laws since the last Book, and refer-
ring me to Mv Lawrence for such of them as can be ob-
tained. He has not yet completed the Collection, and
I much doubt whether he will be able. I have already
acquainted Lord Hillsborough with the Difficulty that
will attend the Making a complete Collection of the
separate Laws, and mentioned my Hopes that the As-
sembly would, at their next Sitting provide for the
Re-printing them in another Volume. 2
M r Samuel Wharton, 3 Merchant of Philadelphia,
who is a particular Friend of mine is going in the next
Packet to England. He has some Business to transact
there, in which he does not know but he shall have
Occasion to employ a Sollicitor, he has therefore de-
sired me to give him a Letter of Introduction & Re-
commendation to M'' Wihnot our Agent, of whose
1 The date, 1768, is manifestly a slip of the pen for 1769.
2 See Governor Franklin's letter to Lord Hillsborough, June 13, 17C8.
3 Samuel Wharton was the second son of Joseph Wharton, a very successful mer-
chant of Philadelphia, where he was born, May 3, 1732. He was " one of the signers
of the Non-Importation Resolutions of 1705, a member of the City Council of Phila-
delphia, of the Committee of Safety of the Revolution, and of the Colonial and
State Legislatures. He was a prominent member of the Ohio Company, whose
plan of forming a settlement on the Ohio river was projected by Sir William John-
son, Governor Franklin, and others. * * In 1780 he returned to Philadelphia, and
was a member of the Continental Congress, 1783-3. His will was admitted to pro-
bate, March 26, 1800."— The Wharton Family, by Anne H. Wharton, in Penii. Hist.
Mag., I., 326, 455-7. See also Governor Franklin's letter to Major William Trent,
Jan. 14, 1771.— [W. N.J
7
98 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
Abilities he has heard a great Character. But as I
have not any acquaintance or correspondence with M r
Wilmot, I shall be much obliged to you if you would
recommend M! Wharton to him as a Gentleman of
Character, and acquaint him that any Civilities he
may shew him will be deem'd an Obligation to your-
self. If it is agreeable to you to write such a Letter, I
shall be glad that you would do it without Delay, and
send it to M 1 ' Parker, Printer, at New York, enclosed
under Cover to Mr Wharton. He has an intimate Ac-
quaintance with, and a particular Esteem for your
Brother John, so that if you have any Letter, or other
Thing to send to him, Mr. Wharton will take Care of
it with Pleasure or render you any other Service that
may be in his Power. This would be a good Oppor-
tunity to remit the Agent his Salary, if not already
clone. He will sail next week.
I have a Letter from Lord H— - 1 Part of the Con-
tents of which I want to communicate to you, bat do
not chuse to do it by this Opportunity for fear of Ac-
cidents, but perhaps I shall have an Opportunity of
doing it by M 1 .' Parker, on his return from Philad?
Mrs. Franklin joins me in Complts. & the wishes of
the season, to you & Mrs. Skinner,
I am with great Esteem Dear Sir
Your most obed- serv't
W M Franklin
To Cort land -Skinner Esq!.
1 Lor. I Hillsborough's dispatch, October I .'. : i*C8, censuring Speaker Skinner
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 99
Letter from Gov. Franklin to the Earl of Hillsborough,
giving further reasons for issuing £100,000 in bills
of credit, etc.
[From P. K. O. America and West Indies, Vol. 1?4 (192).]
Burlington, New Jersey Jan ry 28, 1769
To the Right Hon ble the Earl of Hillsborough
My Lord,
Your Lordship's Dispatches N. 14, 15, & 16, were
duly receiv'd.
I shall be careful to observe His Majesty's Com-
mands contain'd in that numbered 14, respecting the
Communication of Letters from the Principal Secre-
taries of State.
I have intimated to M- Skinner what your Lordship
mentions, in N. 15. concerning his Conduct, and am
inclin'd to believe that it will be productive of very
good Effects.
That your Lordship may the better judge of the Bill
which I mention'd in my Letter N. 9. (& which is re-
marked upon in yours N. 16.) for Emitting 100,000£
in Bills of Credit upon loan, I have transmitted a Draft
of it herewith. The Necessity which appear'd to the
Council and Assembly for this Sum is set forth in the
Preamble. The Nature and Extent of the public
Services to be provided for, as far as they have thought
propei' to mention them, are express'd in the last Para-
graph, by which your Lordship will see that this Act
contains in itself no particular Appropriation of the
Eevenue that is to accrue from it (except defraying
the Expences of Printing, & c ) but has left it to "be
" applied to the Support of the Government of this
100 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
" Colony, and to such other public Uses, and in such
" Sort Manner and Form as by Acts of the General
" Assembly of this Colony shall hereafter be directed."
The fund and Security for the Redemption of the Bills
are by Mortgages in at least double the Value in Lands,
and in at least three Times the Value in Houses, as is
particularly set forth and explain'd in Pages 8 & 9,
and other Parts of the Bill.
As a Majority of the principal Inhabitants of the
Colony are of Opinion, that there is a great Necessity
for an Act of this Nature, and are very anxious to ob-
tain it, I have no doubt but the Council and Assembly
will at their next Meeting, pass such another, and
press for my Assent. It would therefore be a Further-
ance of Business, as well as a great Ease to me, if His
Majesty's Pleasure, with regard to any Alterations or
Amendments of this Bill, could be known by that
Time, which I expect will be the latter End of May or
Beginning of June at farthest. — The form of the Paper
Bills, viz "This Bill by Law shall pass current, &c.
I apprehend should be altered, as it seems to imply a
legal Tender, and I believe the Assembly will readily
agree to such an Alteration as it was not their Inten-
tion to make the Money, to be issued by this Act, a
legal Tender ; and they thought that they had Suffi-
ciently provided against its being so, by leaving out
the Clause for that Purpose which had been always
inserted in the former Laws for Emitting Paper Money.
The following Form, perhaps, would remove the Ob-
jection, viz [This Bill shall be taken in the Loan Offices
in New Jersey for — in any Payment for the Discharge
of Mortgages taken in the said < offices by Virtue of an
Act of Assembly made in the Ninth Year of the Reign
of King George the III. Dated L769.] — With regard to
the Appropriation, if His Majesty should chuse to have
ll;e whole Sum appropriated to Pin poses to he partic-
ularly mentioned in the Act, rather than to be left, as
17G9] ADMINISTRATION OF GOVERNOR FRANKLIN. 101
at present to the Disposition of future Acts of the
Legislature, and will be pleas 'd to specify what those
Purposes should be, and the particular sums which
should be allotted for each, it is probable that the As-
sembly will acquiesce, in Consideration of the public
Advantages which they expect from the Act. What
I before said on this Head, in my Letter N? 9, need
not be repeated here; your Lordship will of course pay
that Attention to it which you may think it deserves.
— As to the Fund and Security for the Redemption of
the Bills, they are quite Sufficient, and I really believe
that the Sum requested, in Addition to our present
Currency, is not so large as to endanger the Value of
it in the least; — on the contrary, much more seems
wanted for a Medium of Commerce, and to promote
the Improvement of lands, &c.
I cannot account for the Petition of the House of
Representatives of this Colony, not being presented to
His Majesty. I have heard that the Speaker trans-
mitted it to the Agent for that Purpose, soon after the
House were prorogued. The proper Channel for it to
pass (as your Lordship justly observes) was through
me, and why they did not desire me to transmit it, as
they did their Address to His Majesty on the Repeal
of the Stamp Act, I cannot say, unless it was owing to
a Suspicion that I should object to the Contents, and
therefore decline complying with their Request. —
Their Publishing it, however, before they knew it had
been presented, is certainly very blameable; nor do I
know what they could offer in their Vindication, if
they were in Being; — but that Assembly, as I before
informed your Lordship, have been since dissolv'd and
a new one chosen.
I sincerely wish that the happy Unanimity which
your Lordrhip mentions to have prevail'd in both
Houses of Parliament, in their Addresses to the King,
may be attended with those good Effects in the Colo-
102 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
nies your Lordship hopes for, and so far as my En-
deavors can in anyways contribute thereto they shall
not be wanting.
M r Skinner, the Speaker of the late House of Repre-
sentatives of this Colony, has sent me the enclosed
Copy of a Letter which he receiv'd since the Dissolu-
tion of the House from the Speaker of the Assembly
in Virginia. As the new Assembly for this Province
when they meet, will probably incline to have this
Letter laid before them, and to answer it, notwith-
standing any Thing I can urge to persuade them to
the contrary; and as it is of the same Nature with the
Circular Letter from the Speaker of the Assembly of
the Massachuset's Bay, I shall be glad to know His
Majesty's Pleasure Whether in case the Assembly de-
termine upon Receiving and Answering it, I should
prevent their Proceedings thereon by a Pi'orogation or
Dissolution.
I have likewise receiv'd from M' Skinner the two
first Volumes of the printed Laws of this Colony and
all of those which have been since printed that he can
collect. They are too bulky to send by the Post to go
by this Packet: I shall therefore take the first oppor-
tunity of transmitting them by a Vessel from Phila-
delphia.
The late Increase of the Royal Family ' is an Event
that could not but afford the greatest Satisfaction to
me, and the rest of His Majesty's Subjects within this
Province. I am extremely oblig'd to your Lordship
for the Intelligence, and heartily congratulate you
upon the joyful Occasion.
I have the Honor to be, with the greatesl Pcspect,
My Lord, Your Lordship's most obedient
& most humble Servant
W? Franklin
> The birth of the Princess Augusta Sophia, Novembers, 1768,
1769] ADMINISTRATION" OF GOVERNOR FRANKLIN. 103
Letter from the Earl of Hillsborough to Gov. Frank-
lin, relative to the bill of the New Jersey Assembly
for issuing £100,000.
[From P. R. O. America and West Indies, Vol. 174 (192).]
Whitehall. March the 22 ntl 1TG9.
Grovernor of New Jersey.
Sir,
I have received and laid before the King, your letter
of the 28*!' of January, containing observations upon a
Bill, (inclosed therein) foi* issuing One Hundred
Thousand Pounds in paper Bills of Credit upon Loan.
This letter and the Bill therein referred to, have
been by His Majesty's Command communicated to the
Lords of Trade for their Consideration, and I shall not
fail to transmit to you, by the earliest opportunity,
such instructions as His Majesty shall think fit to give
you, in consequence of their Lordships' report.
With regard to the letter from the Speaker of the
House of Burgesses of Virginia, mentioned in your
dispatch of the 28 t . h of January, it is impossible to
foresee in what manner it may be treated by the As-
sembly, in case they should take up the Consideration
of it, and therefore I cannot give you any precise in-
structions upon that head; If however their Proceed-
ings upon this letter should be of such a disrespectfull
and unwarrantable Nature as to amount to a denial of
the authority of the Legislature to enact Laws binding
upon the Colonies in all cases whatsoever, it will cer-
tainly become you to shew a proper resentment of
such Conduct; But it is His Majesty's Pleasure that
you should exert your utmost endeavours to reduce
the Minds of His Subjects in New Jersey to that
104 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
just confidence in His Government, which a calm and
dispassionate consideration of it, cannot fail of making
them see the strongest foundation for.
Your letters N? 13 & 14. were received yesterday,
and have been laid before the King, and I shall be
very glad if your letter N? 13, so far as it is intended
to be a fair and candid justification of your own Con-
duct, shall produce in His Majesty's Mind the effect
you wish.
I am & c
Hillsborough
Order of the Lords of the Committee of Council for
Plantation Affairs, directing the preparation of
Drafts of Instructions to the Governors of the
several Colonies and Plantations in America for
regulating their conduct in respect to bills for
raising money by tvay of lottery.
[From P. R. O. B. T. Plantations General, Vol. 30 (28), V. 16.]
r~*"l ^ T THE Council Chamber Whitehall
L^J THE 24 Tn DAY OF APRIL 1769.
By the Eight Honourable the Lords of the
Committee of Council for plantation Affairs.
His Majesty having been pleased to referr unto this
Committee, a Representation from the Lords Commis-
sioners for Trade and plantations, Dated the T 1 -" of last
Month, proposing (for the Reasons therein Contained)
that proper Instructions should be Circulated to the
Governors or Commanders in Chief of the several
Colonies and plantations in America, directing them
not to give their Assent to any Act of their re-
17G9] ADMINISTRATION OF GOVERNOR FRANKLIN. 105
spective Legislatures, whereby Money is proposed
to be raised by the Institution of publick or pri-
vate Lotteries ;' but that in all Instances, where
the exigency of the Case may seem to Warrant
a departure from such general restriction, the Gov-
ernor under such Circumstances, may be Instructed
to transmit proposals as Heads of a Bill for this
purpose, Stating the Reasons which, in his Opin-
ion, makes such a measure Expedient, and submitting
the whole before it is attempted to be passed into a
Law, to His Majestys Consideration and decision.
The Lords of the Committee, in Obedience to His
Majestys said Order of Reference, this Day took the
said Consideration [Representation] into Consideration,
and are hereby pleased to Order that the said Lords
Commissioners for Trade and plantations, do prepare
and lay before this Committee, Draughts of Instruc-
tions to the respective Governors of the several Colo-
nies and Plantations in America Agreable to what is
above proposed. Steph: Cottrell
1 This subject had come before the King in Council, March 0, 1769, when a lottery
act of the Pennsylvania Assembly was under consideration. The Lords of Trade
had reported that " they could not omit observing that this is a practice which in
their opinion ought by no means to be encouraged, as obviously tending to dis-
engage and mislead Adventurers therein from Industry and Attention to their
proper callings and Occupations, and introduce a Spirit of Dissipation prejudicial
to the Fortunes of Individuals, and the Interests of the Public."— Perm. Col.
Records, IX., 6:38. This doubtless led to the promulgation of the Order in Council,
given above. Lotteries had been prohibited by acts of the New Jersey Assembly,
of December 16, 1748, and December 5, 1760, but public sentiment favored lotteries,
and the acts in question did not prove " effectual for the Purposes thereby in-
tended," and other acts were passed March 11, 1771, and February 13, 1797, for the
same purpose.— NevilVs Lmvs, I., 405; Allingon's Laivs, 187, 231, 445; Paterson's
Laws, folio ed., 227. For some account of Provincial Lotteries, see Whitehead's
Contributions to East Jersey History, 321.— [W. N.]
10G ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
Representation from, the Lords of Trade to the King,
recommending disallowance of an Act of the New
Jersey Assembly for issuing £100,000 in Bills of
Credit.
TFrom P. R. O., B. T., New Jersey, Vol. 17, p. 212.]
Whitehall May 2 a 1769
To the King's most Excellent Majesty.
May it please your Majesty,
We have had under Our Consideration a Bill passed
by the Council and Assembly of Your Majesty's Pro-
vince of New Jersey, for making Current one hundred
thousand Pounds in Bills of Credit." Whereupon we
humbly beg leave to represent to Your Majesty;
That this Bill which for the reasons set forth
in the Preamble, was passed by the Council and As-
sembly of New Jersey for the purpose of emitting one
hundred thousand Pounds in Bills of Credit upon loan,
enacts, that the said Bills of Credit shall pass current
in the above Province for the several Sums for which
fchey shall be struck, thereby importing that the same
shall be received within this Province as a legal
Tender in payments of Money. From this without
instancing any other objection, it is obvious, that the
above Bill in its present form cannot be allowed to
pass into a Law, as being contradictory to an Act of
Parliament passed in the 4th Year of Your Majesty's
Reign for preventing paper Bills of Credit thereafter
to be issued in any of Your Majesty's Colonies or
. Plantations in America, from being declared to be a
legal Tender in payments of Money; But as your
Majesty's Governor of New Jersey strongly represents
the necessity of an Act of this nature free from the
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 107
objection above stated, and therefore prays to receive
Your Majesty's Instructions thereupon before the next
meeting of the Council and Assembly at which time
he expects they will pass such another Bill and press
for his Assent, we do for these reasons humbly recom-
mend to Your Majesty to signify to your said Gov-
ernor, in case the actual necessity of emitting Bills of
Credit upon loan to the high amount now proposed
can be made to appear, and provided care be taken
effectually to observe the restrictions of the Act of
Parliament prohibiting such Bills to be deemed a legal
Tender that no objection occurs why an Act of As-
sembly under proper limitations should not be allowed
to be passed for the purposes above mentioned but as
many regulations may be found necessary, when a
measure of this consequence shall come under con-
sideration which cannot now be pointed out and
prescribed, we would humbly propose to your Majesty
that Your Governor of New Jersey should be expressly
restrained from assenting to any proposals for the
above purposes whereby the same may be carried into
effect without reference to Your Majesty's Appro-
bation for which end we humbly recommend, that he
should be directed either to transmit them (as in the
present instance) in the form of a Bill, or if the same
shall be passed into an Act, to take Care that a Clause
shall be inserted therein, suspending its execution till
Your Majesty's pleasure thereupon can be obtained.
Which is most humbly submitted.
Hillsborough Soame Jenyns
John Roberts W? Fitzherbert
Tho s Robinson Lisburne
108 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
An additional instruction to all the Governors in
America, directing them not to permit public or
private lotteries in their respective governments.
| From P. R. O. B. T. Plantations General, Vol. 42, p. ai7.]
May 11, 17<;9
Additional Instruction to Our Trusty and Well-
beloved William Campbell Esquire, com-
monly called Lord William Campbell, Our
Captain General and Governor in Chief in
and for Our Province of Nova Scotia in
America. Given at Our Court at S* James 1
the day of in the year
of Our Reign.
Whereas a practice hath of late years prevailed in
several of Our Colonies and Plantations in America,
of passing Laws for raising Money by instituting pub-
lick Lotteries; and Whereas it hath been represented
to Us, that such practice doth tend to disengage those,
who become Adventurers therein, from that Spirit of
Industry and Attention to their proper Callings and
Occupations, on which the publick Welfare so greatly
depends; And Whereas it further appears, that this
practice of authorizing Lotteries by Acts of Legisla-
ture hath boon also extended to the enabling private
Persons to set up such Lotteries, by means whereof
great frauds and Abuses have been committed; It is
therefore Our Will and Pleasure, that you do not give
your Assent to any Act or Acts for raising Money by
the Institution of any publick or private Lotteries
whatsoever, until you shall have first transmitted
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 109
unto Us by one of Our Principal Secretaries of State
a Draught or Draughts of such Act or Acts, and shall
have received Our directions thereupon.
A like additional Instruction was prepared for S r
Francis Barnard Bar 1 Govf of Massachusets Bay John
Went worth Esq!" Govf of New Hampshire S r Henry
Moore Bar 1 Govf of New York William Franklin Esq!'
Govf of New Jersey etc etc.
Circular Letter from Lord Hillsborough to the Gov-
ernors in America, informing them that His Ma-
jesty's Government have had no design to lay taxes
on America for purposes of revenue.
[From New York Colonial Documents, Vol VIII, p. 164.]
Circular
Whitehall, May 13 th , 1769.
Inclosed I send you the gracious Speech made by
the King to his Parliament, at the close of the Session
on Tuesday last.
What His Majesty is pleased to say in relation to
the Measures which have been pursued in North
America, 1 will not escape your notice, as the satisfac-
tion His Majesty expresses in the Approbation His
Parliament has given to them, and the assurances of
'Said the King in his speech to Parliament on Tuesday, May !), li'G9: "The
measures which I had taken regarding the late unhappy disturbances in North
America, have already been laid before you. They have received your approba-
tion; and you have assured me of your firm support in the prosecution of them.
Nothing, in my opinion, could be more likely to enable the well disposed among my
subjects, in that part of the world, effectually to discourage and defeat the designs
of the factions and seditions, than the hearty concurrence of every branch of the
legislature in the resolution of maintaining the execution of the laws in every
part of my Dominions. And there is nothing I more ardently wish for, than to see
it produce that good effect."— Dodsley's Annual Register, for 1769, 329-30— [W. N.]
110 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
their firm support in the prosecution of them, together
with His Royal opinion of the great Advantages that
will probably accrue from the concurrence of every
branch of the Legislature in the Resolution of main-
taining a clue Execution of the Laws cannot fail to
produce the most salutary effects.
From hence it will be understood that the whole
Legislature concur in the opinion adopted by His
Majesty's Servants, that no Measure ought to be taken
which can any way derogate from the Legislative Au-
thority of Great Britain over the Colonies ; but I can
take upon me to assure you, notwithstanding In-
sinuations to the Contrary from men with factious
and Seditious views, that His Majesty's present Ad-
ministration have [at] no time entertained a Design
to propose to Parliament to lay any further Taxes up-
on America for the purpose of raising a Revenue, and
that it is at present their Intention to propose in the
next Session of Parliament to take off the Duties
upon Glass, Paper & Colours, upon consideration
of such Duties having been laid Contrary to the true
principles of Commerce.
These have always been and still are the Sentiments
of His Majesty's present Servants and [the Principles]
by which their Conduct in respect to America has
been governed, and His Majesty relies upon your pru-
dence and fidelity for such an explanation of His
Measures as may tend to remove the prejudices which
have been excited by the misrepresentations of those
who are enemies to the peace and prosperity of Great
Britain and her Colonies, and to reestablish that mu-
tual confidence and affection, upon which the Glory
and Safety of the British Empire depend.
I am c\:c
HlLLSBOBOTJGH.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. Ill
Governor Franklin to Benjamin Franklin — Captain
Trent's Affairs — the Governor's farming opera-
tions — Secretary Morgan and Deputy Reed —
Matters in Neiv York and Massachusetts.
[From " Letters to Benjamin Fraiiklin," p. 41.]
Burlington, May 11, 1769.
HoiCd Father:'
A few days after I was favoured with your Letter
of the 2(»th of March by Capt. Creighton, the packet
which left England the 7th of March is since arrived,
but I had no letter by her from any one. I suppose
(tho' you do not mention it) that you have wrote to
me before relative to the letters I sent you by the Jan-
uary mail; perhaps by Sparks, who is not yet arrived.
I wait impatiently for the arrival of the April packet,
and do not think it proper to convene the Assembly till
I have answers to some Letters I have wrote to the
Ministry.
Mr. Galloway 1 has sent me (agreeably to your desire)
copies of the clauses added to the last Mutiny Act. 2 I
am very glad that they have passed, as I am convinced
our Assembly would not have receded from the former
mode of providing Necessaries for the Troops in quar-
ters; and, consequently, altercation and confusion must
have ensued.
1 Joseph Galloway, the eminent lawyer, of Philadelphia, Speaker of the Penn.
sylvania Assembly, 1705-74, member of the Continental Congress, 1774, up to which
time he had been zealous in the popular cause. But in 1776 he joined the British)
and in 1778 went to England, where he died in 1803. A full sketch of his life is
given in Sabine's Loyalists, I., 453; a sketch is also given in Works of Benjamin
Franklin, VII., 376.
2 The annual military appropriation bill passed by Parliament is called the " Mu-
tiny Act."— May's Constitutional Hist, of England, II., 490.
113 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
I have wrote Col. Croghan' what you mention con-
cerning his affair. I hope the application will be
attended with success.
Capt. Trent 2 met with some unexpected delays, but
I suppose is by this time arrived in England. I hear
that Sir Wm. 3 has a letter from Lord H., 4 mentioning
that his Maj'y entirely approves of all the Transactions
1 Col. George Croghan, an Irishman, was for many years a prominent figure on
the frontiers, having great influence with the Indians. In 1763 he was sent to Eng-
land by Sir William Johnson, to urge upon the Ministry the importance of settling
the frontier boundary, and he was present at Fort Stanwix when that matter was
arranged. At the same time and place he secured from the Indians a tract of
100,000 acres, and was a leading spirit in forming the Ohio Land Company, in which
Governor Franklin, Benjamin Franklin and Samuel Wharton were deeply inter"
ested. He died at Pasayunk, Penn., in 1782.— N. Y. Col. Docs., VII., 982-3; Works
of Franklin, IV, 233, 302; VII., 355; Hist, of the Mission of the United Brethren
among the Indians of North America, London, 1794, III., 58, 60; Penn. Col. Records,
and Penn. Archives, passim— [W. N.]
2 Captain William Trent was the youngest son of William Trent, Chief-Justice
of the New Jersey Supreme Court, November 23, 1723— December 25, 1724. He
was born in Lancaster, in 1715, and turned his attention to business in pref-
erence to books. He engaged in the Indian trade, learned the Indian language,
and acquired over the dusky denizens of the frontiers a commanding influence,
which he exercised for many years in the interest of peace. When Pennsylvania
raised 400 men in 1746 for service in reducing Canada, the command of one of the
four companies was given to William Trent, while William Franklin, then a lad of
sixteen years, was ensign in another company. It was doubtless in this expedition
that the two men formed or at least cemented a friendship which was to last for
thirty years.— 2 Penn. Archives, II., 489. Capt. Trent did gallant service in this ex-
pedition, and on his return in December, 1747, received the thanks of the Pennsyl-
vania Assembly. During the next twenty years he was continually on duty on the
frontiers, and in 1753 started a fort where Pittsburgh now is. Having become im-
poverished by frequent depredations of the Indians, the friendly chiefs of the Six
Nations at the Treaty at Fort Stanwix, in 1768, granted to Trent and Samuel Whar-
ton and their associates a tract of 3,500,000 acres of land. The King demurred to
confirming the grant, and early in 1769, as above intimated by Governor Franklin,
Trent sailed for England, and succeeded in getting the King's signature. The < Ihio
Company disputed the claims of the grantees to some of the lands, and the Revo.
lution came on and extinguished the claims of both parties before their dispute
was settled. Capt. Trent returned to America in the spring of 1775 | Hist. Man.. 1.
85-6), and resumed his residence at Trenton, where he had lived before going to
England, and where his family had dwelt during his long absence. In 1784 be re
turned to Philadelphia, where he resided until his drat h. in 1787. During all these
years he was frequently on the frontier, engaged in treaty-making with the In-
dians, and in looking after the interests of his Indiana Company. Some of his de-
scendants have occupied prominent positions in New Jersey. — Genealogy of Early
Settlers of Trenton, by Rev. Eli F. Cooley, Trenton, 1883, 2813-291; Penn. Col. Rec-
ords and Penn. Archives, passim; Journal of Capt . Wm. Trent- |W. N.]
3 Sir William Johnson. ° Lord Hillsborough.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 113
of the Treaty, 1 so that I imagine that Capt. Trent will
meet with no difficulty in his application. Indeed, it
is necessary to our friend W.'s* affairs that he should
finish his Business in England in a short time, for
those with whom he has left the care of his affairs
find a good deal of difficulty in keeping matters quiet
with some of his Creditors during his absence.
I have entered far into the spirit of Farming, and
have lately made a considerable addition to my Farm
on very reasonable terms. It is now altogether a very
valuable and pleasant place. I must beg of you not to
omit sending me the drain-plough I wrote to you for,
invented and made by Win. Knowles, at Newport, in
the Isle of Wight. I observe by his Advertisement
that he is to be heard of at Mr. Bailey's, Register of
the Society for the Encouragement of Arts. I likewise
want a Rotheran or Patent Plough, as it is called.
There is a draft of one in Mill's Husbandry and in the
Select Transactions of the Edinburgh Society, but can't
get our workmen here to make one by it. They under-
stand the making of no other Ploughs but what are in
common use here. I was thinking to request Knowles
to make me one of this kind also (as he advertises
making all sorts of Ploughs on the best mechanical
Principles); but since I have learnt that he lives in the
Isle of Wight, I am at a loss to know how it or tbe
Drain-Plough can be sent without a great Expense, as
I believe none of our Vessels in the time of peace touch
at Portsmouth, and to send it to London (if by land)
will make it come very dear. If, however, there are
opportunities of sending them by water to London, or
some other Seaport whence vessels sail to Philad'a, the
expence may not, perhaps, be worth minding.
I have not yet seen Mr. Caiger, who was recom-
mended to you by Mr. Small and Mr. More, nor beard
1 The Treaty at Fort Stanwix. 2 Samuel Wharton ?
114 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
of his arrival in America. Should it be in my power
to serve him in what he requests, I shall readily do it.
Mr. Morgan, our Secretary, is in Canada. I had a
very polite letter from him last week, in which he
mentions his intention of being here some time this
month or the next. Mr. Reed, our Dep'y Sec'y, has, I
understand, let his House in Trenton, and intends soon
for England, to marry De Berdt's Daughter. ' He has
not, however, mentioned his intention to me, and per-
haps will not think it necessary. He never comes here
but at the time of the Courts, leaving his Business of
Secretary entirely to Clerks, both here and at Amboy.
Mr. Morgan intimates as if he had a design of chang-
ing his Deputy, but it is a matter I don't choose to
interfere in; all that I shall desire is, that whoever he
appoints may be obliged to reside here, and may be
properly qualified to execute the Business.
Public Affairs remain much the same on this side of
the water as when I wrote to you last. The Members
of the New York Assembly are differing greatly among
themselves. Col. Schuyler and Mr. Walton 2 went out
to fight a Duel, but thought better of the matter when
they got on the ground, and settled their differences
amicably. Col. Lewis Morris is e'xpelled for not being
a Resident of the Borough of West Chester, for which
he was elected, though he has a considerable Estate in
the Borough. Mr. Livingston, their late Speaker, is
like to be expelled on the same account. By the Resolves
of the House, they allow i ion residents have a right to
elect, but not to be elected. Parties run very high
among them.
The Boston Writers have attacked GovV Barnard
on his Letters and on his being created a Baronet."
1 -. e anti . p. 5. aote.
- Query: Col. Philip Schuyler and Jacob Walton | ?).
\ . s , i irk Assembly in l ; r.'.i.
3 See N. J. Archives, IX., XI, note.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 115
They worry him so much that I suppose he will not
choose to stay much longer among them. There is a
talk that a new Governor is shortly to be appointed.
Many of the principal people there wish you to be the
man, and say that you would meet with no opposition
from any party, but would soon be able to conciliate
all differences.
Our Supreme Court is sitting, and I am a good deal
engaged and hurried.
Betsy joins me in duty. I am, as ever,
Hon'd Sir, your dutiful Son,
Wm. Franklin.
Order in Council disallowing the bill passed in New
Jersey "For Making Current £100,000 in bills
of Credit."
[From P. R. O. America and West Indies. Vol. 108.]
At the Court at S t James's the 26 th Day of
May 1769.
Present
The King's most Excellent Majesty
Lord President Earl of Hillsborough
Lord Privy Seal Viscount Weymouth
Earl of Rochford Viscount Barrington
Whereas there was this Day read at the Board a
Eeport from a Committee of the Lords of His Majes
ty's most Honorable Privy Council dated the 8 '" in-
stant in the Words following, viz'
"Your Majesty having been pleased by Your Order
" in Council of the 3 d Instant to refer unto this Com-
116 A.DMIMTISTRATION OF GOVERNOR FRANKLIN. [1769
" mittee a Representation from the Lords Commis-
" sioners f or Trade & Plantations, setting forth that
"they have had under consideration a Bill passed by
" the Council & Assembly of Your Majesty's Province
" of New Jersey, " For making Current One hundred
" thousand Pounds in Bills of Credit " "Whereupon
" they humbly beg leave to represent to Your Majes-
" ty, That this Bill, which for the reasons set forth in
the Preamble, was passed by the Council & Assembly
of New Jersey for the purpose of emitting one hun-
dred thousand Pounds in Bills of Credit upon Loan
Enacts, that the said Bills of Credit should pass Cur-
rent in the above Province for the several Sums for
which they shall be struck thereby importing that the
same shall be received within this Province as a Legal
Tender in Payments of Money; From which without
instancing any other objection it is obvious that the
above Bill in its present form cannot be allowed to
pass into a Law as being contrary to an Act of Par-
liament passed in the fourth Year of Your Majesty's
Reign, for preventing paper Bills of Credit thereafter
to be issued in any of your Majesty's Colonies or Plan-
tations in America from being declared to be a legal
Tender in Payment of Money; But bs Your Majesty's
Governor of New Jersey strongly represents the neces-
sity of An Act of this nature free from the objection
above stated, & therefore prays to receive Your Ma-
jesty's Instructions thereupon before the next Meet-
ing of the Council and Assembly at which time he
expects they will pass such another Bill, and press for
his Asseut, the said Lords Commissioners do, for these
reasons, humbly recommend to Your Majesty to sig-
nify to Your said Governor, incase the actual neces-
sity of emitting Bills of Credit upon Loan to the high
Amount now proposed, can be made to appear, &
provided care be taken effectually to observe the re-
striction of the Act of Parliament prohibiting such
1708] ADMINISTRATION OF GOVERNOR FRANKLIN. 117
Bills to be deemed a legal tender; that no objection
occurs why an Act of Assembly under proper limita-
tions should not be allowed to be passed for the pur-
poses above mentioned; but as many regulations may
be found necessary when a measure of this conse-
quence shall come under consideration which cannot
now be pointed out and described, the said Lords Com-
missioners would humbly propose to Your Majesty that
Your Governor of New Jersey should be expressly re-
strained from assenting to any proposals for the above
purposes whereby the same may be carried into effect
without reference to Your Majesty's approbation; for
which end the said Lords Commissioners would hum-
bly recommend that he should be directed either to
transmit them, (as in the present instance,) in the
form of a Bill, or if the same shall be passed into an
Act, to take care that a Clause shall be inserted therein
suspending it's execution 'till Your Majesty's Pleasure
thereupon can be obtained. The Lords of the Com-
mittee in obedience to Your Majesty's said Order of
reference, this day took the said Representation &
Bill into Consideration, & do agree humbly to report,
that it may be adviseable for Your Majesty to disallow
the said Bill, & to issue such directions to Your Gov-
ernor of the Province of New Jersey as is above pro-
posed by the said Lords Commissioners for Trade &
Plantations.
His Majesty taking the said Report into considera-
tion is pleased with the advice of his Privy Council to
approve thereof and accordingly to declare His disal-
lowance of the said Bill; and to order as it is hereby
ordered, that if the Council & Assembly at the next
meeting shall pass another Bill to the same effect and
press for the Governor's assent he do not on any ac-
count give his assent to any proposals whereby the
same may be carried into effect without reference to
His Majesty's approbation; But in case the actual
118 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
necessity of emitting Bills of Credit upon Loan to the
high amount of £100,000, can be made to appearand
provided effectual Care be taken that such Bills of
Credit shall not be deemed a Legal Tender in payment
of Money, His Majesty doth hereby further order that
the Governor do either transmit such proposals as he
may receive from the Council & Assembly for that
purpose in form- of a Bill (as in the present instance)
or in Case the same be passed into an Act, that he do
take care a Clause be inserted therein, suspending
the execution thereof until His Majesty's pleasure
thereupon can be obtained.
Whereof the Governor or Commander in Chief of
the Province of New Jersey for the time being, & all
others whom it may concern are to take notice &
govern themselves accordingly.
Steph. Cottrell.
Letter of acknowledgment from Gov. Franklin to the
Earl of Hillsborough.
[From P. O. America and West Indies. Vol. 174 (192).]
Burlington, N Jersey, July 18V 1^69.
To The Right Honorable the Earl of Hills-
borough, & c & c
My Lord,
I am honoured with your Lordship's Letter of the
i:i"' of May, inclosing the King's gracious Speech at
the Close of the last Session of Parliament. The Sen-
timents express'd by His Majesty relative to the
Measures which have of late been pursued in North
America will I hope answer the good Purposes in-
tended. But 1 am fully convinced that the Assurances
i769] ADMINISTRATION OF GOVERNOR FRANKLIN. 119
given by your Lordship, that the present Adminis-
tration have no Design to propose to Parliament to
lay any further Taxes upon America, and that they
intend to propose in the next Session to take off the
Duties upon Glass, Paper & Colours, cannot fail to
produce the most Salutary Effects.
His Majesty may have the firmest Reliance, that
Nothing on my Part shall be wanting to remove the
Prejudices which may remain on the Minds of His
Subjects within this Government, and that it shall be
my constant Endeavour, as it has hitherto been, to
promote those Sentiments of Duty, Confidence and
Affection which are so necessary to the Honour,
Welfare, and Happiness of the whole British Empire.
I have the Honor to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient, & most humble Servant
W* Franklin
Statement of the Claim of New York vs. New Jersey,
in relation to Boundaries.
[From N. Y. Col. MSS., in Secretary of State's Office, Albany, Vol. XCVL, p. 120.]
A Plain and full state of the Demands & Preten-
tions of his Majestys Colony of New York against the
Proprietary Colony of New Caesaria or New Jersey
(respecting the Boundary Line to be settled and ascer-
tained between the said two Colonies) for the Hon-
ourable his Majestys Commissioners appointed by
Letters Patent under the Great Seal of Great Britain
bearing date the seventh day of October in the seventh
year of the reign of his Majesty George the third for
ascertaining, settling and determining] [the] Boun-
dary Line between the said two [Colonies] prepared
by us the subscribers nominated as Agents by Act of
120 ADMINISTRATION OF GOVERNOR FRANKUN. |1TG9
Assembly of the Colony of New York, and to be ex-
hibited to the Said Commissioners at their first meet-
ing appointed as in and by the said Commissioners is
directed to be held at the City of New York on the
Eighteenth Day of July in the year of our Lord one
thousand seven hundred and Sixty Nine Viz 1
1- His late Majesty King Charles the Second being
in right of his Crown of England seized of the sov-
ereignty Seignory and Property of the Southeastern
Coast of North America from the Southwest Cape of
Delaware Bay commonly called Cape Henlopen as fai-
ns and * * - Connecticut River and the
Lands extending the said Coast
into the Country as far back as * * * *
first springs Heads or Sources of Delaware River Hud-
sons River and Connecticut River except such parts
thereof as may have been granted by the Crown if
any such had been granted did by his Letters Patent
under the great Seal of England bearing date the
twelfth day of March in the sixteenth year of his
reign 166f, give grant and ratify and confirm in fee
simple unto his Brother James Duke of York after-
wards King James the second of England among
other Tracts in the said last mentioned Letters Patent
Mentioned and described — "All that Island or Islands
" commonly called Matawacks or Long Island situate
" and being to the West of Cape Cod and the Narrow
" Higgansets and butting upon the main Land — be-
" tween the two Rivers there called and known by
" the names of Connecticut and Hudsons River *
"* " with the said River called Hudsons
"River ' :: ' * * from the West side of
" Connect icut River * side of
" Delaware Bay.
l >,h .- v . The said James Duke of York thus seized of
the premises granted by the said Letters patent of
King Charles the second by Lease and Release dated
1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 121
the twenty third and twenty fourth Days of June in
the sixteenth year of the reigne of King Charles the
second did grant in fee to John Lord Berkley Baron
of Stratton and to sir George Carteret of Saltrum as
Tenents in Common in Equal Moities "All that Tract
"of Land adjacent to New England and lying and
" being to the Westward of Long Island and Manhat-
"tens Island and bounded on the East part by the
' ' main Sea and part by Hudsons River and hath upon
"the West Delaware Bay or River and extending
" Southward to the mam Ocean as far as Cape May
" at the mouth of Delaware Bay and to the Northward
" as far as the Northermost Branch of the said Bay or
" River which is in forty one degrees and forty Min
" utes of Latitude and crosseth over thence in a
" straight line to Hudsons River in forty one Degrees
"of Latitude."
:'» ly . The Dutch who it is well known were at the
time of the grant of the said Letters Patent and Lease
and Release, in Possession of that Part of the Terri-
tories thereby granted to which the line in contro-
versy can have any relation surrendered the same on
the twenty seventh of August 1664 to Coll. Nichols
appointed the Dukes Governor of his Territories in
America which Territories were Confirmed to the
Crown of England by the third Article of the Treaty
of Breda in 1667 and afterward in 1673 in the war be-
tween England and the United provinces were repos-
sessed by the Dutch and were finally surrendered &
Confirmed to the Crown of England by the Treaty
concluded with the. United Provinces at Westminster
the Ninth of February 167f. Therefore the said
James Duke of York to remove all Doubts (concern-
ing the Operation of the aforesaid Letters Patent from
King Charles the Second to him) that might arise
from the aforesaid possession of the Dutch and their
aforesaid Surrender to the Crown of England by the
122 ADMINISTRATION OF GOVEElifOB FRAXKLIN". [1769
Treaty of Westminster obtained other Letters Patent
under the great Seal of England bearing Date the
twenty-ninth Day of June in the twenty sixth year of
his Majesty's, reign anno 1»'>T1 whereby Charles the
second grants to him in totidem verbis as in the afore-
said Letters Patent of the twelfth of March in the
sixteenth year of his reign.
l ly . On the twenty eighth and twenty ninth Days
of July 1()74 (John Lord Berkley being then dead) Sir
George Carteret to remove the like Doubts as to his
Interest under the above mentioned Lease and Eelease
from the Duke of York to the said Lord Berkley and
Sir George Carteret and to vest himself with the great-
est Part of New Jersey in severalty procured a Lease
and Release of the last mentioned dates to be executed
by the Duke of York to him for Parcel of the Lands
granted by the said first mentioned Lease and Release
thereby to Vest him with the said parcel in severalty
in fee simple under the following description to wit
"All that Tract of Land adjacent to New England and
"lying and being to the Westward of Long Island
"and Manhattens Island bounded on the East
' ' part by the Main Sea and part by Hudsons
"River and Extends southwards as far as a cer-
"tain Creek called Barnegat being about the Mid-
" die between Sandy point and Cape May and bounded
" on the west in a Straight Line from the said Creek
"called Barnegat to a certain Creek in Delaware
" River Next adjoining to and below a certain Creek
" in Delaware River called Kaukokus Kill and from
"thence up the said Delaware River To the Norther-
k> most Branch thereof which is in forty one Degrees
' ; and forty minutes of Latitude.
:> ,y . James Duke of York on the Demise of of King
Charles the second on the sixth day February 1C>84
succeeded to the Crown by the Stile and Title of King
James 1 1, of England and V"' of Scotland.
17fiS] ATnUXISTRATIOTSf OF GOVERNOR FU.VXKMX. 123
6*» ly . By this Succession his Title as a grantee of all
the Lands which remained (of those that were granted
to him by the aforesaid Letters Patent from King-
Charles the second after the execution of the said two
sets of Leases and Releases by him) Merged in his
Crown right and from the time of the said succession
he and his Royal successors Kings & Queens of Eng-
land and Great Britain have in right of their Crown
Stood seized of the Sovereignty Seignory and Property
of all the said remaining Lands as Parcels of the col-
ony of New York excepting the property of such Parts
thereof as have been granted to divers Subjects under
the great Seal of the Colony of New York and such
other parts thereof as have by settlement fallen with-
in the Colony of Connecticut.
7 th ! y . Besides those Lands which (Exclusive of what
may have passed by the said two sets of Leases and
Releases and exclusive also of the said Lands fallen
within the Colony of Connecticut as aforesaid) were
granted by the said two Letters Patent of King-
Charles the second to the said Duke of York. The
Colony of New York has always been deemed and Es-
teemed to Extend Northward without Limitation so
as to include within its confines and Territories all the
Lands that are not included in either of the Colonies
of Connecticut or Massachusetts Bay or New Hamp
shire on the one side or the Colonies of New Jersey or
Pennsylvania on the other side. Therefore
S t] * y . All the Lands which are included in the Colony
of New York as herein is immediately above described
which have not been granted away to subjects by Let-
ters Patent under the Great Seal of the said Colony of
New York do now vest in point of sovereignty seignory
& Property in his Present Majesty King George the
third.
9 th ) y . All the Lands which by virtue of the aforesaid
two sets of Leases and Releases from James Duke of
124 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
York Constitute the Colony of New Jersey do now in
point of Seignory and Property wholly and Exclusively
vest in the Heirs or assigns of the said John Lord
Berkley and Sir George Carteret or one of them the
sovereignty thereof only heing in his Present Majesty,
as by the first distinction hereafter mentioned will
appear; and
lo th !y. To Explain what we understand by the Terms
Sovereignty Seignory and Property in the s ,h &
9 th Points we observe that by Sovereignty we mean
the supream and Sole Government and Dominion
vesting in his Majesty in the right of his Crown By
Seignory the right to rents reserved Escheats forfeit-
ures &c. and by property the exclusive right of posses-
sion and use in Lands which enables the owner to dis-
pose of them as he pleases
1 l tl,,y . The Latitude of forty one Degrees of Hudson's
River was undoubtedly intended as a Station in the
boundaries of the Two above mentioned sets of Leases
and releases from James Duke of York (under one or
both of which the Proprietaries of New Jersey are sup-
posed to Claim) being by both the said Leases and re-
leases fixed as the Stationary point of Boundary for
Nova Casaria or New Jersey on Hudsons Eiver.
12 t] '- y Another Stationary Point of Boundary is clearly
fixed by the said two sets of Leases and Releases on
the Northermost Branch of Delaware River and a
streight Line from one of the said stationary Points
to the other is also expressly given by the said two sets
of Leases and releases as and for the Northern Boun-
dary of New Jersey, therefore—
l;:".' 1 *. All the Lands lying to the Northward of the
said Northern Boundary are Clearly included within
his Majesties Colony of New York But.
I l' 1 '.'; The Course of the Line or boundary is (as we
conceive) the Matter in Controversy and the Subject
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 125
Matter of His Majestys Royal Commission upon which
the following Question arises to wit — From what
point on Delaware to the Latitude of 41? on Hudsons
River was the said Straight Line of Boundary ex-
pressed in the said several Grants' from the Duke of
York to the Proprietors of New Jersey intended to
run — In order to the proper determination of this
Question we conceive it Necessary in reference to the
said Line or Boundary upon which the Question arises
to take the following Distinction in stating the Claim
and Pretentons of the Colony of New York against
the Colony of New Jersey to wit —
1 . That tho with respect to the sovereignty of both
Colonies his Majesties Interest stands Indifferent in
the present Controversy, and tho also his right of
seignory as the Chief Lord or Lord Paramount to the
Proprietaries of New Jersey is equal as to its Nature
with his seignory in the Colony of New York as to
the Lands therein already granted or hereafter to be
granted yet in point of Value it is vastly inferior in
the Colony of New Jersey to what it is and may be in
the Colony of New York a certain small Sum in Gross
being payable (as appears by the said two releases) as
the Chief Rent for all the .Colony of New Jersey
whereas the Quit Rents being reserved on each par-
ticular patent in the Colony of New York are or may
be of Much greater Value as they will be increasing in
Value in proportion to the Lands that may from time
to time be granted as in the Colony of New York
besides which the Government Seignory and property
of all the Duke of York's Territories having passed to
him by the said two Letters Patent of King Charles
the second and the Government Seignory and property
of the Colony of New Jersey having passed to the
proprietaries thereof by the Dukes said Grants to the
said proprietaries and they having surrendered to the
Crown Nothing more than the Government of the said
126 ADMINISTKATION OF GOVERNOR FRANKLIN. [1769
Colony (which surrender was made to Queen Ann on
the 22 d April 1702 by William D" * * * * in the
name and Behalf of the Proprietors of East New Jer-
sey and by SirThomas Lane on the Part and behalf of
the Proprietors of West Jersey.) all Escheats for for-
feitures &c. by the under tenants of Land in that
Colony must enure to the benefit of the proprietaries
in whom the Seignory of the said Colony now is
whence it folow T s that in point of Seignory the Crown
is interested on the part of the Colony of New York
against the Colony of New Jerse} r —
2 a }? That in point of Property the Crown has not
the least imaginable Interest in the Colony of New
Jersey Whereas his Majesty is or may be in point of
Property greatly interested on the part of the Colony
of New York in respect of such Lands as remain uu-
granted by the Crown within that Colony. Under
the Influence of of those two distinctions aud the
operation of the above stated Train of Facts — which
precede them we state the Claim and pretentions of
the Colony of New York against the Colony of New
Jersey as follows that is to say.
1-. The Stationary Point or Boundary on Hud sons
River being intended to be fixed by the Grants above-
mentioned from the Duke of York to the Proprietaries
of New Jersey in forty one Degrees of North Lattitude
We in behalf of the Colony of New York and in re-
spect to the King's Seignory and in Case it should be
determined that Stations were not fixed in the year
L686 so as to bind all parties do Claim as boundary
between the Colony of New York and the Colony of
New Jersey a Straight and direct Line from the Lati-
tude i L°, 00'j on Hudsons River to the Head of Dela-
ware Bay which we assert to be at Ready Island a Spot
1 The surrender was made by William Dockwra ami forty-i associates on
April 15. 1702. and was accepted by Queen Anne in Council, April 17. 1708.— Grants
and Concessions, 615-7.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 127
well known and distinguished in all the Accurate Maps
of the Country and such Line we Contend is the rear
Line of the Tract that was granted by King Charles
the second to James Duke of York because that the
words of both of the above Mentioned Patents to the
Duke of York, are "All the Lands from the West side
of Connecticut River to the East side of Delaware
Bay " and therefore Can not by any possible Construc-
tion admit of an extent of land beyond the Head of
the Bay and along the River, Delaware Bay and
River things as Geographically different as River and
Ocean whence we insist that whatever may be the
boundary intended by the several grants from the
Duke of York to the Proprietaries of New Jersey; Yet
the Operation of those Grants must necessarily be
confined to the bounds assigned to him by his Patents
from the Crown. But
2 ! ? If against the Letters of those Patents it were
Possible to conceive that all the Lands between Dela-
ware Bay and River on the one side and Connecticut
River on the other up to their respective sources passed
to the Duke of York yet we Contend that even in such
Case the Boundary in Construction of the Dukes sev-
eral aforesaid Grants to the Proprietaries of New Jer-
sey would be a direct Line from the Stationary Point
on Hudsons River to the Spot or place which is now
Commonly called the Forks of the Delaware or which
is the same thing that Course reversed.
This Construction we will support first by intrinsic
Evidence in the words of those Grants and secondly
by extrinsic proof Drawn from Different Quarters.
1 st From the words of those grants tho' certain De-
grees of Latitude are therein mentioned as well on
Delaware River as on Hudsons River yet the words
to Hudsons River in forty one Degrees of Latitude
plainly and necessarily import that the Latitude it-
self on Hudsons River was to be the Boundary but the
128 ADMINISTRATION OF GOVERNOB FRANKLIN. [1769
words in the same grants that respect the Boundary
on Delaware are of quite Different Frame they are up
the said Eiver Delaware in the one as far as and in
the other to the Northermost Branch thereof which
necessarily import that the beginning of the Norther-
most Branch of Delaware is the Boundary there and that
the words, which is in forty one Degrees & forty Miu-
utes (being relative Terms and plainly referring to
which Northermost or Beginning of the Northermost
Branch) are added as descriptive of the beginning of
the Northermost Branch or the spot where the Boun-
dary was intended to be; and therefore the beginning
of the Branch and not the Latitude being intended to
be the Boundary and the Latitude being only descrip-
tive if such Latitude was mistaken in the description
and the Beginning of the then esteemed Northermost
Branch can be shewn that and not the True Latitude
must be the Boundary; and Therefore
2 1 ? Our extrinsic Proofs will be calculated to shew
that the beginning of the Northermost Branch of Del-
aware in the estimation and intention of the Duke of
York and his grantees was at the Place now called the
York of the Delaware— These extrinsic Proofs we
Shall introduce Principally under the influence of this
observation to wit that considering the Dates of the
Grants from the Duke of York to his grantees consid-
ering also that both grantor and Grantees were in
England at the time of those Grants they must have
been framed not by actual observations & mensurations
on the spot but from a View of maps which maps
must (considering the above mentioned possession of
the < 'ountry by the Dutch) have been Antient Dutch
Maps or Maps compiled from them by the English.
Having thus stated our demands and pretensions
against New Jersey as far as respects the Seignory
and property of the Crown to consist either in a line
running on a Course from the given Latitude on Hud-
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 129
sons Eiver to the Forks of Delaware until such a line
Intersects the above mentioned line from the Head of
Connecticut River to the Head of Delaware Bay and
from the said place of Intersection along the last men-
tioned line to the Head of Delaware Bay or in a
straight line from the given Latitude on Hudsons
River to the Forks of the Delaware We proceed to
state the Quantum of the Seignory and property in
the Crown which is affected by this Controversy
and this we shall do by showing that a Vast Body of
Land lying upon Either of those suppositions within
the Colony of New York still remains Vested in point
of property in the Crown
To s'pport this we insist and shall prove that in the
Year 1686 East and West Jersies being then distinct
Governments they in Conjunction with the Govern-
ment of New York fixed and agreed upon a Station
on the West side of Hudsons River Due West of Fred-
erick Philips's lower Mills, which to this Day are
standing on the East side of the said River which
Station was then esteemed to be in the Latitude of
forty one Degrees on Hudsons River and also another
Station on Delaware River at certain Marked Trees
and that a straight line from the said Station so fixed
on Hudsons River to the said Trees had such line been
actually run would have been on a Course North sixty
two Degrees West according to Natural position and
that in reference to those stations and the said neces-
sarily supposed Line from the one to the other of them
all the patents within this Colony that are expressly
or implicatively bounded on the Line of Partition are
Limited and as far Southward as those Stations this
Government has uninterruptedly exercised its Juris-
diction until of Late Years a considerable tract of
Country near and about Minisink was by Violence on
the part of New Jersey torn from the Jurisdiction of
the Colony of New York.
9
• 130 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
These facts we shall prove by a great Variety of evi-
dence Extracted from Ancient Maps Public Records
and act of Legislatures of both Colonies and the testi-
mony of Witnesses whensoever the same shall on a
reasonable Day to be fixed by the Commissioners be
required.
Letter of Acknowledgment from Governor Franklin
to the Earl of Hillsborough — He fears the evil
effects of the action of the Assembly of South
Carolina.
[From P. R. O. America and West Indies, Vol. 174 1 192).]
Burlington, Sept'.' 27, 1769
The Right Hon ble the Earl of Hillsborough.
My Lord
I am honoured with your Lordships Letters N. 1'.',
& 2<>. The first containing His Majesty's Directions
in respect to the Bill for making current One hundred
Thousand Pounds in Bills of Credit; and the latter
enclosing an Additional Instruction concerning Lotter-
ies both which I shall be careful to observe.
By Advice of the Council I have summoned the
General Assembly to meet here on the lo th of next
Month. I shall omit nothing in my Power to keep
them in a proper Temper, and to induce them to grant
i farther Supply for the Support of the King's Troops
in this Colony : But I am not without some Appre-
hensions that the late Resolves of the Assembly of
South Carolina, wherein they refuse to make any such
Provision, & declare that those Expences ought to be
defray'd out of the Revenue arising from the American
Duty Acts, while those Acts continue in Force, will
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 131
have an ill Effect on the Minds of the Assembly of
New Jersey, and occasion them to act in the same
Manner.
I have the Honour to be, with great Respect,
My Lord, Your Lordship's
most obedient & most humble Servant
W? Franklin
Letter from Governor Franklin to the Earl of Hills-
borough, announcing the death of Mr. Ashfield, a
member of the Council, and recommending three
persons as fit to fill the vacancy.
I From P. R. O. America and West Indies, Vol. 174 (192).]
Burlington Oct 1 -' 5, 176!):
The Right Hon ble the Earl of Hillsborough, &c.
My Lord,
M 1 Ashfield, one of His Majesty's Council for this
Province, died last Week, after a long Indisposition. '
I take the earliest Opportunity to acquaint your Lord-
ship with this Circumstance, and at the same Time
beg leave to recommend William Bayard, Esq!' to Sup-
1 Lewis Morris Ashfield was the oldest child of Richard Ashfield and Isabella,
daughter of Governor Lewis Morris. His father (bap. Dec. 15, 1605; will proved
July 87, 1743), was the fourth child of Richard Ashfield, who was a nephew of
Thomas Hart, one of the twenty -four East Jersey Proprietors, and came to Amer-
ica about 1683.— N. Y. Gen. cfc Bioa. Record, January, 1875, 21 ; Elizabeth-Town Bill
in Chancery, 11, 83. He was admitted to the New Jersey bar, May, 174G, and eigh-
teen years later was licensed as Sergeant.— Vroom's Siqi- CI. Rules, 1885, 54, 58.
Doubtless through the influence of his uncle, Robert Hunter Morris, Lewis Morris
Ashfield was recommended, March 26, 1751, by the Lords of Trade, for appointment
to the Council of New Jersey, which gave rise to a long and acrimonious contro-
versy with Governor Belcher. Ashfield got into a discreditable street encounter,
for which he was indicted in August, 1751, but was acquitted in the following
March. However, Governor Belcher on this and other pretexts kept him out of his
seat in the Council until April, 1753.— N. J. Archives, VII., VII., Part I, passim. He
was continued in office under successive Governors. — lb., 41, 274. — [W. N.]
132 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
ply the Vacancy occasioned by M' Ashfield's Death.
His Character & Abilities are such as will do credit to
that Station, and tho' he at present resides at New-
York, yet he assures me that it is his Intention to
remove into this Province, where he has a very con-
siderable Estate. But as my Instructions require that
I should, on these Occasions, transmit the Names of
Three Persons whom I esteem best qualified for that
Trust, I therefore recommend as such William Kelly,
Esq r : a Gentleman now in England, who has a large
Estate in this Province on which he proposes to
reside when he returns to America, and Michael Kear-
ney, Esq r a Gentleman who has a Commission in His
Majesty's Navy, but resides at present on his Paternal
Estate in Monmouth County, and is related to some
of the principal Families in the Colony. Their Char-
acters and Qualifications are unexceptionable, and I
think it will be for His Majesty's Service if they
should all acquire Seats in the Council as Vacancys
may happen, tho" I am induced to request that on this
Occasion a Preference may be given to M' Bayard.
I have the Honor to be, with great Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W" FkAx\klin.
Deputization of Charles Pettit /<>hc Deputy Secretary
of Ihi- Province of New Jersey.
[From Book AB of Commissions, Secretary of State's Office, Trenton, fol. 37.]
To all to whom these Presents shall come Maurice
Morgann of parliament Street Westminster now in
New Jersey Esq. sendeth Greeting, Whereas His pres-
ent Majesty by his Letters Patent under the Great
Seal of Great Britain bearing date at Westminster the
1709] ADMINISTRATION OF GOVERNOR FRANKLIN. 133
eighteenth day of June in the seventh year of his
Reign, did give and grant unto the sd. Maurice Mor-
gann the Offices & places of Secretary, Clerk of the
Council, Clerk of the Supreme Court, Clerk of the
pleas, Surrogate and Keeper and Register of the Rec-
ords in the Colony of Nova Ceesarea or New Jersey To
have hold Exercise and Enjoy the said Offices and
Places by himself or his Sufficient Deputy or Deputies
during pleasure. Together with all Fees, Profits
Priviledges and Advantages to the said Offices belong-
ing and Appertaining Now Know Ye that for divers
good Causes and Considerations him the sd. Maurice
Morgann hereunto moving He the said Maurice Mor-
gann hath made ordained constituted deputed and
appointed And by these presents doth make ordain
Constitute depute and appoint Charles Pettit' of the
1 The Pettit or Petit family is of Huguenot origin, some of that name settling
about 1650 at New Rochelle, N. Y., and others at Southold, L. I.—N. Y. Gen. and
Biog. Record, October, 1881, 162; January, 1871, 2; N. Y. Doc. Hist.. II., 258; Proc.
West Jersey Surveyors' Association, 369. Charles Pettit married Sarah Reed, a
half-sister of Joseph Reed; she and her three children were living with Reed in
Trenton in 1766.— Hall's First Pres. Church, of Trenton, 75, 197. Prior to this time
Pettit appears to have lived in Philadelphia, whence he wrote to his brother-in-law
a spicy account of the election in 1764.— Seed's Reed, I., 37. When Reed was ap-
pointed Deputy Provincial Secretary he doubtless made a place at once for his
brother-in-law, upon whom in time the entire duties of the office devolved. See
ante, p. 3, and under date of May 11, 1769. When Governor Franklin commissioned
Reed to be Provincial Surrogate, November 19, 1767 (ante, p. 8), he at the same time
commissioned Charles Pettit to be one of the Surrogates of New Jersey, " account-
able to Joseph Reed."— Book ABof Commissions in Secretary of State's office, fol.
9. Pettit studied law, and was admitted as an attorney, April 3, 1770, and as a
counsellor, November 17, 1773.— Vroom's Supreme Court Rules, 13S5, 60, 93. He
appears to have acted as Governor Franklin's Private Secretary, and when the
Governor removed in 1774 from Burlington to Perth Amboy, Pettit went with him ,
taking up his residence in the old Dr. Johnstone house.— Whitehead's Perth Amboy,
71, When the Governor was arrested for adhering to the Royal cause, Pettit took
sides with the people, and although like many others despondent in the dark days
of 1746 (Reed and Cadwallader Pamphlets— Cadwallader's Reply, 26), he did valua-
ble service in behalf of the Colonies, even when harassed with anxiety for the
safety of his family.— JV^. J. Revolutionary Correspondence, 47. A service of pecu-
liar interest was the framing of new forms in English, translated from the Old Law
Latin precedents, for constituting Courts of Oyer and Terminer under the new
State Government.- -lb., 67. The Provincial Congress on February 6, 1770, directed
the records of the Secretary's office to be delivered to him, thereby virtually con-
tinuing him in office.— Minutes, 355. He resigned October 7, 1778, when his brother-
in-law, Bowes Reed, was appointed by the Legislature.— Minutes Joint Matin,;.
i54 ADMINISTRATION OF GOVERNOR FRANKLIN'. |1?60
Colony of New Jersey afs d Esq. his the sd. Maurice
Morgann Deputy of and in the sd. Offices of Secre-
tary, Clerk of the Council, Clerk of the Supreme
Court, Clerk of the Pleas, Surrogate and Keeper and
Register of the Records of the said Province for and
during the pleasure of him the said Maurice Morgann.
And the sd. Maurice Morgann doth hereby Authorize
and Impower the said Charles Petit to do perform and
Execute all & every such Act and Acts Matters and
things as to the Duty and Offices of Secretary, Clerk
of the Council, Clerk of the Supreme Court, Clerk of
the Pleas, Surrogate & Keeper and Register of the
Records of the said Province shall appertain or belong,
or which may or ought to be done performed and
Executed And Also to have receive and take all Fees
dues Rights Profits priviledges and Advantages what-
soever to the same Offices or any or either of them
belonging or of right appertaining thereto, or which
shall arise happen or become due during such time as
he shall continue Deputy in the Offices afsd. He the
said Maurice Morgann hereby ratifying and Confirm-
ing all and whatsoever his said Deputy shall lawfully
do or cause to be done in the premises hereby revok-
ing and making Null and Void a. Deputation heretofore
given by the said Maurice Morgann to Joseph Reed
Jun. of the sd. Province of New Jersey Esq. to Act in
the said several Offices or Places and all & every the
Powers Authorities and Priviledges therein contained
In Witness whereof the sd. Maurice Morgann hath
hereunto set his Hand and Seal this twenty seventh
He had meantime been appointed Assistant Quarter-Master-Genera] of the Conti-
nental army, in which capacity he was zealous and efficient until tin- close of the
war. He then took up his residence in Pennsylvania, was elected i<> the assembly,
and while in thai body was chosen by the Legislature April ',. 1785, i" represent the
Stale in Congress, beine; re-elected November 11, lis.", and again in November, liSli.
rather against his will, he says.— Penn. Archives, X., 137,534; XL, 867. IniTUOhe
was u^ain pressed into the public service. Iieinu chosen to present to ( longr< ss the
claims of Pennsylvania for compensation for m< j expended during the war
Penn. Col. Records, XVI , 887, ill. 540, 545; Penn, Archives, XI., ins. [W. X.|
1769] ADMINISTRATION OP GOVERNOR FRANKLIN. 135
day of October in the tenth year of the Reign of our
Sovereign Lord George the third by the Grace of God
of Great Britain France and Ireland King Defender of
the Faith &c. and in the year of our Lord One thou-
sand seven hundred and sixty nine.
Maurice Morgann [l. s.]
Sealed and Delivered in the presence of us F. W.
Smyth Chief Justice of New Jersey,
James Parker.
Be it Remembered that on the third day of Novem-
ber 1769 Charles Pettit in the within Deputation named
appeared before me Frederick Smyth Esq. Chief Jus-
tice of New Jersey and took the Oaths and made and
subscribed the Declaration according to Law and also
an Oath for the due Execution of the Offices within
mentioned, which I administered to him by virtue of
a Dedimus Protestatum.
F. W. Smyth.
Letter from Committee of the Assembly to Dr. Benja-
min Franklin, notifying him of his appointment
as Agent of the Colony.
TFrom New Jersey Historical Society Manuscripts. 1 !
Burlington, Dec. 7th, 1709.
Sir
The House of Representatives of this Colony on the
8th of last month unanimously chose you their Agent
in London, and appointed us to correspond with you
on the affairs of the colony. The Resolve of the
1 This letter is also to be found in N. J. Hist. Soc. Proc, May, 1866, 168-70; in
Works of Benjamin Franklin, VII.. 460; and in " Letter to Benjamin Franklin," 46
It is here printed from a contemporaneous copy, presented to the Society in 1866
by William Duane, Esq., of Philadelphia, and compared with the copies elsewhere
printed, as above.— [W. N.]
136 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
House by which you were appointed Agent, his Ex
cellency will transmit to you properly attested.
To a Gentleman whose inclination to serve the Col-
onies, we believe equal to his knowledge of their true
interests, much need not to be said to induce an atten-
tion to American concerns in the ensuing Sessions of
Parliament, and the confidence the House have in the
assurances of His Majesty's ministers that they will
use their endeavours for the repeal of the Eevenue
Acts, and that those endeavours will be successful, ren-
ders any particular direction to you on this head un-
necessary, but we could wish His Majesty's faithful
American subjects to stand in their true point of light
before, him that no doubt may remain of their loyalty
and firm attachment to his Eoyal person and gov-
ernment.
We are directed by the House to desire you will ap-
ply to the proper offices and solicit His Majesty's
assent to the Bill for Septennial Election of Represen-
tatives and the Bill for giving the Counties of Morris,
Cumberland, and Sussex a right to choose Represen-
tatives in the Assembly, transmitted in 1 768. The Pro-
vince is very solicitous for a confirmation of these
laws and we must desire you will use your influence
to obtain the Royal Assent to them as soon as possible.
Another Bill in 1765 was transmitted for amending of
the practice of the law, which the House would rather
choose should not have the Royal Assent, as a Bill
they like better has been passed by the House this
Session, which although the Governor could not pass,
yet he has, upon a Message from the House, promised
to ask his Majesty's permission to give his assent at a
future session.
His Excellency, our Governor, will transmit for his
Majesty's Royal Approbation an Act of Assembly
passed this session for making current One Hundred
Thousand Pounds in bills of credit, to lie Lei on loan
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 137
at five per cent. The particular distress of this Pro-
vince for want of a currency, and the little prospect
of being able to obtain a Bill very soon to make the
Bills a legal tender was what induced the Assembly to
comply with this method, and as the funds for the
redemption of the Bills are good beyond a doubt, we are
under no apprehensions of any difficulty as to the bills
obtaining credit and passing in lieu of money. We
refer to the preamble to the bill and to your own
knowledge of the propriety of the measure; and it
gives us particular pleasure to intrust to your care a
matter so generally desired by the people of this Col-
ony, because you so well understand the subject and
can so readily answer any objections that may be made
against it.
The House have ordered a sum of money to pay the
expense that may attend the getting of the Royal As-
sent to these Bills; and we enclose a Bill of Exchange
for two hundred pounds sterling for that purpose.
The House have also passed a Bill for lending a sum
of money to the General Proprietors of the Eastern
division of this Province and have by a Message to the
Governor informed him that they would direct their
Agent by a Memorial to support the claim of this Col-
ony before his Majesty in Council. 1 You will, from
the Agent appointed by law to manage the contro-
versy between the colonies, receive a state of the con-
troversy and every paper necessary for you to inspect
before drawing your Memorial. The House have
therefore directed us to inform you that the principal
motives of the House for your application to his Ma-
jesty, are
1 "An Act to indemnify the Treasurers of this Colony for advancing certain Sums
of Money to the Agents appointed by Law to manage the Controversy touching the
Settlement of the Line between New Jersey and New York, and for other Purposes
therein Mentioned," passed December 6, 1709. The agents were John Stevens,
James Parker, Henry Cuyler, William Donaldson and Walter Rutherford.— Allin-
son's Laws, 335.— [W. N.]
138 ADMINISTRATION OF GOVEENOfi FRANKLIN. [1769
1st. That justice may be done to individuals as well
as the Colony in general, and altho' the House does
not pretend to direct where the said line ought to be
fixed, yet as the settlement of said line will in its con-
sequences affect the Colony very sensibly, especially
should any station be fixed Southward of this line sol-
emnly settled in the year 1719, in consequence of
which great numbers of people settled up to the said
line and have ever since done duty and paid their
taxes in this Government, should that line be altered
and brought Southward, many honest and bona fide
purchasers will be involved in ruin, unless his Majesty
should think proper to interpose.
2d. The Injustice to this Colony will appear very
great when it's considered that the line of 1719 lias
constantly been deemed the line of division between
the Governments, and the settlers and lands up to
that line have ever been estimated in the taxes; hence
should the line be removed Southward this Colony
that has incurred a debt of one hundred and ninety
thousand pounds in the late war, yet undischarged,
will be deprived of valuable settlements in paying off
this debt and the burthen increased on the remainder
of the Colony. From this sketch of the sentiment of
the House and the papers that will be laid before you
by the Agents appointed by law to manage the con-
troversy between the Colonies, you will be able to
frame a Memorial to his Majesty; but as no appeal is
yet made, and only threatened, no application from
you to his Majesty will be necessary until such appeal
is actually made by the agents from New York. We
are
Sir. with great sincerity and respect,
Your humble servants,
CORTLANDT SKINNER HeXKY PaxsoN
Aaron Leaming Ebenezer Miller
Abraham Bewlings, Joseph Smith
i7G9] ADMINISTRATION OF GOVERNOR FRANKLIN. 13!)
Wlien you write by way of New York please to di-
rect to Cortlandt Skinner, Esq Speaker of the Assem-
bly of New Jersey; and by way of Philadelphia to
Abraham Hewlings or Joseph Smith Esqrs at Bur-
lington.
Burlington, Deer. 19th 1709.
Esteemed Friend
The foregoing is a copy of a letter wrote by the
Committee of Correspondence which was forwarded
by the way of Bristol. Nothing further at present than
to inform the foregoing and to inclose 2nd Bill for
£200 stg drawn by Garret and Geo: Meade on James
Dormer Esqr in London.
I am very respectfully
Thy friend
Joseph Smith.
Letter from, the Earl of Hillsborough to Governor
Franklin, stating that the Lords of Trade had
recommended Cortlandt (Stephen) Skinner 1 to be
appointed a Member of the New Jersey Council.
| From P. R. O., America and West Indies, Vol. 174 (192).]
Whitehall Decern 1 "' 9"' 1769
Governor Franklin
Sir,
On the lo th of last Month I received and laid before
the King your dispatches N s 18 & 19.
The ill effects of the Resolves of the Carolina Assem-
bly in respect to the Mutiny Act have but too plainly
1 Intended tor Stephen Skinner, who, a few days afterwards, was appointed
member of the Council.
140 Administration of governor franklin. [1769
shewed themselves in other Colonies, and seem to
justify your apprehensions that they may have the
same consequences in New Jersey ; The King how-
ever confides in the professions you have made of a
dutifull obedience to His Commands, that you win
upon this occasion use your best endeavours to dis-
suade the Assembly from taking any notice of these
Resolves and to induce them to make such provision
for quartering the Troops as the Act requires, which
will be the best plea they can have for any alteration
they "may wish to have made in it.
I lost no time in receiving His Majesty's Commands
to communicate to the Board of Trade your Letter N°
19 recommending M r Bayard to supply the Vacant
Seat in the Council.
Their Lordships however have thought fit that the
present vacancy should be filled up by the appoint-
ment of Mr Cortlandt Skinner who has long been upon
their list, as a Person to whom they stood engaged for
the first vacancy; at the same time I am warranted in
saying that this circumstance would not have induced
them without the greatest reluctance to have post-
poned the appointment of the Gentlemen you recom-
mended, had it not appeared that two of them are at
present not resident in the Colony; and that the other
is actually of a profession that might require his at-
tendance.
1 am &c
Hillsborough.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 141
Letter from Governor Franklin to" Secretary Pownall,
relative to the provision for the Support of the
King's troops.
[From P. R. O. America and West Indies. Vol. 174 (192). J
Burlington Dec- 10, 1769
Secretary Pownall
Sir
I duely receiv'd ' your Letter of the 4 th of October,
informing me of Lord Hillsborough's Absence, and
that my Dispatch N. 17, was received and laid before
the King. —
I must beg the Favour of you to acquaint his Lord-
ship, that the General Assembly of this Colony, which
met here on the 10 th of October last were on the 6 th
Instant prorouged after an amicable Session, in which
they made the same Provision for the Support of the
King's Troops as heretofore, notwithstanding Endeav-
ors were used to induce them to follow the Example
of S. Carolina in this respect.— It is not in my Power
to send his Lordship the Minutes of their Transactions
by this opportunity, but they are Copying with the
utmost Expedition, and will, with the Laws which
have been passed, be transmitted without Loss of
Time. — I am with great Regard & Esteem,
Sir Your most obedient humble Servant
W? Franklin
142 ADMINISTRATION OF GOVERNOR FRANKLINT. [1760
Letter from Henry Wilmot to Committee of Corre-
spondence, relative to a Paper Currency and the
bill for Septennial Elections.
(From Skinner Papers among the manuscripts of \Y. A. Whitehead,
Volume 2, No. 2.]
Bloomsbury Square 12 th Dec!" 1769.
Gentlemen
I have been Several times at the Board of Trade;
and I find that Administration are willing to let you
have a paper Currency provided it be not made a legal
Tender. The Governor, I believe was directed not to
pass any Bill for Paper Currency, but to transmit such
Bills over here as should be tendered to him for Con-
sideration. Your last Bill was accordingly transmitted
by the Governor, and I find it was the Opinion of the
Board of Trade, and they So reported to his Majesty
that in the Manner the Paper Money was made Cur-
rent by the Bill, it would have been a legal Tender
and therefore they would not direct the Governor to
pass that Bill. But an instruction is gone to the Gov-
ernor that it is the Intention of Administration that
Paper Currency may be permitted, provided it be not
made legal Tender, and that he may Either Send over
such Bills as are tendered to him for his Majesty's
Pleasure, or he may take all possible Care that the
Paper Money be not made a legal Tender, and pass the
Bill with a Suspending Clause, so that I hope you will
now have a Bill passed that will answer your purpose,
and receive the Royal assent without difficulty.
The Bill for regulating the Practise of the Law must
wait 'till a Counscll is appointed to the Board of Trade,
1(» whom it must In 1 referred.
As to the Bill for Septennial Elections, I perceive
that this Bill is likely to lye some time, the Lords do'nt
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 143
think it in any Haste, as Septennial Elections they
say hath been the Constant usage without it.
The Bill for choosing Representatives for the County
of Morris, Cumberland, & Sussex will not be passed;
The Board think there is no necessity of a Bill for it.
All the members of Each County, they say, were
chosen by Virtue of his Majesty's Instructions to the
Governor, and his Majesty might direct his Governor
to issue Writs for the Counties if he thought it right
to do so. And if you apply to his Majesty by Way of
Petition for this purpose Stateing the Necessity of it,
and get the Governor to write his sentiments upon it
to the Board of Trade, I have Reason to believe it will
be granted, an Instruction sent to the Governor to
issue Writs for that County.
The Bill you mention to appoint Commissioners to
supply the Barracks &c was rejected, so that hath had
its Effect.
I am with the greatest Honor & Regard
Gentlemen Your most faithful &
Most Obed Hum ble Servt
Henry Wilmot
Order in Council appointing Stephen Skinner, Esq.,
to be of the Council of New Jersey, in the room of
Lewis Ashfield, Esq., deceased.
[From P. R. O. America and West Indies, Vol. 108.]
p '-* At the Court at S t James's the 14 th
V' s '\ Day of December 1769.
Present
The Kings most Excellent Majesty in Council.
Whereas there was this day read at the board, a
Representation from the Lords Commissioners for
14-t ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
Trade and Plantations, dated the 13 th of this instant.
Setting forth, That there is a Vacancy in His Majes-
ty's Council for the province of New Jersey, by the
death of Lewis Ashfleld Esquire, and that Stephen
Skinner Esquire hath been recommended to the said
Lords Commissioners as a person well qualified to serve
His Majesty in that Station, and humbly proposing,
that he may be appointed one of His Majesty's said
Council in the Room of the said Lewis Ashfield Es-
quire deceased — His Majesty in Council approving
thereof, is pleased to Order, as it is hereby ordered,
that the said Stephen Skinner 1 Esquire be constituted
and appointed a Member of His Majesty's said Coun-
cil in the province of New Jersey, in the Room of the
said Lewis Ashfield Esquire deceased; And that the
Right Honourable the Earl of Hillsborough, one of
His Majesty's Principal Secretaries of State, do cause
the Usual Warrant to be prepared for His Majesty's
Royal signature accordingly.
Phil: Sharpe
Letter from Gov. Franklin to the Earl of Hillsbor-
ough, transmitting Chief-Justice Smyth's Memor-
ial respecting his Salary.
I From P. R. O. America & West Indies, Vol. 175 (1!).'!>.|
Burlington, Dec'iM'." 17*'>'.»
Right Hon ble the Earl of Hillsborough
Mij Lord.
At the Request of M' Smith. Chief Justice of this
Colony, 1 transmit the enclosed Memorial to your
Stephen Skinner was the second son of the Rev. William skinner. <.i' Peri b im
boy, and Elizabeth Van Cortlandt, of New York. He was a younger brother of
Cortlandt Skinner. For several years prior to 1767 he kept a " general store " at
Perth Amboy, an. I engaged in the West India Trade. II- was Treasurer of East
Jersey for several years. (See ante, p. •'!?. > In April, 1775, he was elected to the
Provincial Congress, but on the breaking out of the War he removed with bis fam-
ily to New York and tin nee to England. His New Jersey property was confis-
cated.— Whitehead's Perth Amboy, 101. 111.
1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 145
Lordship. The Representation he has made of the
Incompetency of his Salary, and of the little Prob-
ability there is that the Assembly will make any Ad-
dition to it till he holds his Commission during good
Behaviour, 1 is most certainly just, and is a Matter that
I have repeatedly mentioned in my Dispatches to His
Majesty's Ministers, so that I need not trouble your
Lordship with any thing further, at this Time, in fa-
vour of W Smith's Application.
I was in hopes, at the last Session, to have prevail'd
on them to appropriate a Part of the Interest Money,
to arise from the Loan of the 100,000£ proposed to be
struck in Paper Bills of Credit, towards making a
more adequate Provision for the Support of the Offi-
cers of Government; and I urged to them that it
would be a means of recommending their Law (which
has a Suspending Clause) to His Majesty, and of ob-
taining the Royal Allowance thereto. But they declin'd
complying with my Request, and the Law directs that
the Money arising from it shall be disposed of by fu-
ture Acts of General Assembly. However, if the
King's Confirmation of the Act is refus'd, unless they
will appropriate a Part of the Interest for this Pur-
pose; and His Majesty will at the same Time be
pleas"d to specify the Allowance that should be made
to each Officer of Government (an Account of whose
Salaries I formerly transmitted) it is not improbable
but the Assembly may be brought to a Compliance,
especially as there is no Method can be devised for
Raising Money for the Support of Government, which
will be more agreeable to the People
I wrote to M r Pownall a few days ago desiring him
to acquaint your Lordship that Copies of the Minutes
& proceedings of the last General Assembly were
See N. J. Archives., IX., 323-5, note.
10
146 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769
making out, and should be transmitted to your Lord-
ship as soon as they could be completed.
Nothing remarkable occurred during the Session,
which began and ended amicably. Endeavours were
indeed used to induce the Assembly to refuse (in Imi-
tation of the Assembly of S. Carolina making any
farther Provision for the King's Troops, and to adopt
all the late Resolves of the Virginia Assembly but
they were at length prevailed on to grant the same
Supply for the Troops as heretofore, and they only
concur'd in one of the Virginia Resolves, i. e. that re-
specting Tryals for Treason, &? committed in the
Colonies. —
I shall do myself the Honour to write to your Lord-
ship more particularly respecting the Laws pass'd at
the last Session when I transmit them for His Majes-
ty's Approbation.
I am, with the greatest Respect,
My Lord, Your Lordship's
most obedient, & most humble Servant
W? 1 Franklin.
Memorial of Chief-Justice Smyth in Gov. Franklin's
Letter of December 24, 1769.
[From P. R. O., America and West Indies, Vol. 175 (193)-]
To The Right Hon ble The Earl of Hillsborough
one of His Majesty's Principal Secretaries
of State &c &c &c.
The Memorial of Frederick Smyth.
Showeth.
That your Memorialist through the Patronage of
your Lordship, Lord North, Lord Hallifax and M''
Charles Townshend about Five years since was ap-
pointed Chit I- Just ice of the Province of New Jersey,
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 147
and from that time hath constantly been engaged in
the duties of his Station; But so far from any ade-
quate reward for his Services from this Country, he
has been under the necessity to expend his own pri-
vate fortune to support an appearance in some degree
suitable to his Station.
That His Excellency the Governor of this Province
hath repeatedly applied to the Assembly of the Colony
in order to obtain a competent Salary for your Me -
morialist, but without any success hitherto; nor is it
probable that the Assembly will make any encrease of
his allowance till a Commission can be obtained for
him more independent of the Crown.
Your Memorialist therefore hopes that from this
representation, together with what may be subjoined
by Governor Franklin, your Lordship will be pleased
to exert your influence in his behalf to obtain for him
such reasonable support from the Crown for his Ser-
vices as may enable him to continue in this Colony to
discharge the duties of his Station.
And your Memorialist shall ever pray &c &c
Fre: Smyth.
Letter from the Earl of Hillsborough to Governor
Franklin, correcting an error in a former letter
in regard to the Christian name of Mr. Skinner.
[From P. R. O. America and West Indies, Vol. 175 (193).l
Whitehall, January 18 th 1770
Governor Franklin
Sir,
Inclosed T send you the King's gracious Speech to
His Parliament at the opening of the Session on the
148 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
9? b Instant together with the Addresses of both Houses
and His Majesty's gracious Answers thereto. 1
Allow me Sir, to correct a Mistake I made in my
Letter of the U th ultimo in the Christian Name of Ml'
Skinner recommended to supply the Vacancy in the
Council of New-Jersey, it being W. Stephen Skinner
and not M r Courtlandt Skinner on whom that Office
lias been conferred.
The King having thought fit to take the Great Seal
out of the Hands of Lord Camden, it was yesterday
delivered to M 1 .' Charles Yorke, and it is His Majesty's
intention that he should be immediately called up to
the House of Lords.
I am &*
Hillsborough
Letter from Governor Franklin to Cortlandt Skinner,
relative to the riotous proceedings in Monmouth
County.
[From the Skinner Papers among Manuscripts of W. A. Whitehead, Vol. 2. No. 2. 1
New York Jan'y 28, L7Y0
Dear Sir
Yours of the 26 th containing an Ace 1 of the late riot-
ous Proceedings at Monmouth 2 came to hand yesterday
1 Said the King : " It is needless for me to recommend to the serious attention
of my parliament the state of my government in America. I have endeavoured, on
my part, by every means, to bring back my subjects there to their duly, and to a
due sense of lawful authority. It gives me much concern to inform you, that the
success of my endeavours has not answered my expectations; and that, in some of
my colonies, many persons have embarked in measures highly unwarrantable, and
calculated to destroy the commercial connection between them and the mother
country." To which the Lords and Commons replied in terms of suitable dutiful-
ness, the latter assuring his Majesty: "No endeavours shall be wanting on our
part, to make effectual provisions against the unwarrantable measures carried on
in some of Your Majesty's colonies, which are so irreconcilable to every principle
of commercial subserviency to the interest <>f the mother country that ought to
prevail in colonies, and which, by attempting to subject the highest legal author.
iiv to the controul of individuals, tend to subvert the foundation of all govern-
ment."— Dodsley , s Annv 1776,244 .. W.N
2 The riotous proceedings here spoken of originated in the hitter feeling that had
for several years exist e<l againsl the members of the legal profession, who were
charged with growing rich, while belligerent creditors and harassed debtors were
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 149
Evening. They are of so alarming a Nature that I
have thought it necessary to write to the Dep y Sec ry to
Summon a Meeting of the Council at Amboy on Wedf
the 7 th of next Month by which Time I suppose they
may be got together. I have likewise directed him to
require the attendance of the Sheriff & the Justices of
the County who were present at the riot, and if you
think that the attendance of any others might be of
Service I desire you would "acquaint Mr. Bowes Eead
with their Names, that he may send to them at the
same Time. I doubt not but the Council will be of
Opinion with me that this is so audacious an Insult
on Government that let the Consequences be what
they may, the Offenders should be punished in the
most Exemplary Manner that the Law will admit of.
becoming poor. It was claimed that law suits were multiplied at the instigation of
lawyers, whose fees not only swallowed up the moneys collected by them, hut
brought their clients, and frequently the sheriff, in debt to them. They were de-
nounced in no measured terms. The Stamp Act, which the lawyers had so success-
fully fought against, was designated as the first " Wounding and devouring ser-
pent," but lawyers were publicly declared to be 'Serpents seven times more de-
vouring than the first, who in their daily Practice are as Private Leaches, sucking
out our very Hearts Blood." — (See Pamphlet entitled " Liberty and Property with-
out Oppression, 1769.") The excitement was intense. Petitions praying for relief
against them were poured into the House of Assembly, where several of them
were summoned to appear, and were subjected to long and tedious examinations.
In only one instance was a conviction found, and that was in the case of Mr. Ber-
nardus Legrange, and even in this case it was subsequently ascertained that the
conviction was unjust, and an entry to that effect was ordered to be made on the
Minutes of the House.
Finding it impossible to obtain satisfaction before the House of Assembly, the
enemies of the lawyers resorted, at length, to violence, and in July, 1769, they col-
lected in crowds before the Court House in Freehold, Monmouth County, and tried
to prevent the lawyers from entering, but through the efforts of Richard Stockton
they were defeated in this, and the ring leaders were arrested and imprisoned. In
January of the following year another assault was made upon the members of the
bar of Monmouth County. On this occasion the rioters entered the Court House f
armed with clubs and missiles,and drove the atto rneys from the place, threatening
them with personal violence. The business of the court was stopped completely,
and it became necessary for Governor Franklin to call a special session of the As-
sembly, in order that an " Act be passed for reviving the process and proceeding."
In Essex County similar disturbances took place, and on one occasion the stable
and out-houses of David Ogden, a prominent lawyer, were burned, [n this case,
the rioters were arrested and punished. This outrage formed the subject of a
message from the Governor to the House of Assembly, which will be found in this
volume, under date of March, 1770, as well as his proclamation on the same subject
under date of March 31, 1770.
150 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
I hope to get my Business done so as to leave this
Place by Sunday or Monday next at farthest. In the
mean Time I am with my best Eespects to Mrs.
Skinner.
D r . Sr. Your most Obed 1 Serv 1
W. Franklin
Letter from Gov. Franklin to the Earl of Hillsbor-
ough, enclosing paper with observations on two
acts of the New Jersey Assembly.
[From P. R. O., America and West Indies, Vol. 175 (198).]
Burlington, Feb r . y 12 th 177<>
The Right Hon b ! e the Earl of Hillsborough.
My Lord,
I take the first Opportunity to transmit to your
Lordship Copies of the Acts passed at the last Sessions
of the General Assembly held at this Place, and Copies
of the Minutes of Council.
The greatest Part of these Acts being of the same
Nature with those usually pass'd at every Session to
answer the local Purposes of the Inhabitants it is
needless for me to trouble your Lordship with any
Observations on them. There are two, however, of
the Number which it is necessary I should more par-
ticularly point out to your Lordship's Notice, as one
of them is pass'd with a Clause suspending its Execu-
tion till His Majesty's Pleasure shall be signified there-
on, and the other is not to take place till the 20*. h of
September next in order to give Time to any Persons,
who may have objections to it, to apply for its Repeal
if they think proper.
The first is "An Act for striking One hundred
Thousand Pounds in Bills of Credit," and for Emitting
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 151
the same on Loan. I have before acquainted your
Lordship with my Opinion that such an Emission of
Paper Money would be advantageous both to the
Mother Country and this Colony, and the Necessity
there is for it is, I think, very justly set forth in the
Preamble to this Act.— The Objection made to the
former Bill which passed the Council and Assembly
for this Purpose, namely, the Money being made a
legal Tender in all Payments, is obviated by this Act,
which only obliges the Loan Offices to take it when
tendered in Discharge of the Mortgages which were
given for it. —
The Security which is required by the Act to be
given for the Redemption of this Money is undoubt-
edly sufficient, being not only the Estates of the Bor-
rowers mortgaged in Double the Value of the Sum
borrowed, but the Estates of the whole County where
the Borrower resides are liable to make good any De-
ficiency which may happen. The only Objection I
have to the Act is the Appropriation of the Interest
Money, which is left to the Disposition of future Acts
of the Legislature. I think it would have been better
to have appropriated the whole, or the greatest Part
of it, to certain publick Purposes to be mentioned in
the Act itself, such as, Providing Necessaries for the
King's Troops, Making a more adequate Provision for
the Support of the publick Officers of Government,
Erecting suitable Houses for the Meetings of the Leg-
islature and the Kesidence of the Governor at the two
Seats of Government, Repairing and Straightening
the Highways, Building Bridges, &c. Some Endeav-
ors were used to persuade the Assembly to consent to
such an Appropriation, but in vain. They chose
rather to have the Interest Money lodg'd as a Fund in
the Treasury ready to be appropriated to such Services
as might from Time to Time be judg'd necessary:
And, perhaps, it would be better even to admit of this
152 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Appropriation, if the other cannot be easily obtain'd
(which I fear it will not) than to lose the Act, espec-
ially as no ill Use can be made of the Money, the Con-
currence of the whole Legislature being requisite to
every Application of it. There was a Design among
some of the Members of the Assembly to tack the
Supply of the Troops to this Act (as has been since
done in Part by the Assembly of New York) thinking
that the Crown would thereby be the more readily
induced to confirm it; but upon talking with some of
them privately, and urging that such a Measure would
most probably be construed into an Attempt to force
a Consent from the Crown, and consequently give
such Offence as to occasion a Refusal of what might
otherwise have been readily granted, they were per-
suaded to drop their Design, and to pass the Billeting
Act in its usual Form, without any other Restrictions:
And I really believe that if the Paper Money Act is
confirmed by His Majesty, that they will not make
any Scruple hereafter to grant the like Support for
the King's Troops that may be quartered in this
Province.
The Act which pass'd with a Clause suspending its
Execution till September next is a Supplementary Act
to the Act for dividing the Bergen Common. ' The
Occasion of this Act is set forth in the Preamble,
and indeed the Circumstances of the Case make such
an Act absolutely necessary; for the Claims of the
several Parties' who conceive that they have a Right to
a Share of the Commons allotted to the Secaucus
Patent, are of so various, complicated & intricate a
1 "A supplementary Act to an Act, entitled. An Act appointing I tommissioners tor
finally settling and determining the several Bights, Titles and claims to the Com-
mon Lands of the Township of Bergen; and Cor making Partition thereof in just
and equitable Proportions, among those who shall be adjudged by the said Com-
missioners to be entitled to the same." The act was disallowed June 6, 1770. 1/
Hasan's Laws, 387. See Winfleld's Land Titles of Hudson County, 130-1, 300, 304;
N. J. Archives, IX., 452-4-9-75-78. — [W. N.|
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 153
Nature, that it is impossible they should be ever set-
tled in the ordinary Course of Law. I don't know
that any Person will oppose the Confirmation of this
Act, unless it be Mv W" 1 Bayard of New York, now in
London, who has set up a Claim to the whole of that
Part of the Commons allotted to Secaucus; but as he
had before solicited the Act to which this is a Supple-
ment, wherein the Decision of that Matter was left
to Commissioners, who would have finally determined
the Property but that they happened to be equally di-
vided in opinion respecting it, I should expect that he
would not now offer to make any Objections to its
being left to the Decision of other Commissioners, es-
pecially as they are all Men of Character, living at a
Distance from the Parties, and no Ways interested or
connected with them in the Dispute. . Many of the
Parties are poor & cannot afford to go to Law with a
Man of M- Bayard's Property, and if they cannot have
their Claims decided by Commissioners they must give
them up; the Consequences of which will be very
hurtful to the Peace of that Part of the Country. — I
would not willingly trouble your Lordship with any-
thing further on this Head, but must beg Leave to
refer you to the Privy Council Minutes of the 16 l . h of
November for the Reasons which induced the Council
to advise me to give my Assent to this Act, which I
hope will prove satisfactory to your Lordship.
Besides the written Laws under the Great Seal I
send your Lordship a printed Copy of all the Acts
passed at the last Session. The Minutes of the As-
sembly are in the Press, but not yet published ; as soon
as they are I shall transmit a Copy to your Lordship.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient and most humble Servant
W? Franklin
154 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1770
Letter from Mr. Richard Stockton to the Earl of Hills-
borough, giving his opinion that the Governor, for
the time being, of New Jersey, is duly authorized
to hold a Court of Equity and preside therein.
[From P. R. O. America and West Indies, Vol. 175 (193).]
Princeton Feb'" y 26 th 1770
Lord Hillsborough
My Lord,
From the Journals of the Governor & Council of
this Colony, of November last (before now I suppose
transmitted to England) your Lordship must have ob-
served the doubt raised by the Governor, respecting
his Authority to hold a Court of Equity here: and that
the consideration of the matter has been referred to a
Committee of the Council. This transaction having
occasioned much Speculation in this and the neighbor-
ing Colonies; and the Members of the Committee not
being unanimous in opinion upon so important a point,
my duty to the King, and regard to my own reputa-
tion have induced me, thus early, to beg leave to lay
before your Lordship the enclosed copy of my Report,
delivered in to the Governor last month : whereby my
Opinion, and the reasons thereof will fully Appear.
And I the rather presume upon your Lordships par-
don for this step, (not perhaps the most usual) because
I have lately been informed that some persons on this
side of the water, have taken upon themselves to pro-
cure representations to be made to the Lords Commis-
sioners for Trade & plantations respecting the present
state of our Court of Chancery: and also, because it
must be some time hence before the Journals of the
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 155
Council, upon the Committee's Report, can be trans-
mitted (as all the Members have not yet given their
Opinion;) And when they shall be transmitted, the
reasons of opinion will not appear unless entered at
large upon the Minutes: which perhaps will not be
requested, unless some new reason should occur.
with the greatest respect, I have the honour to be,
my Lord,
Your Lordship's most obedient, and
most humble Servant
Rich d Stockton
M r Stockton's Report In his Letter of the 26*
Feb y 1770.
His Excellency the Governor of .New Jersey, having
asked the advice of his Majesty's 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 consideration of the matter having been referred
to a Committee of five Members; as one of the said
Committee, I do hereby report my 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 par-
ticularly interesting to the Province in general, I have
thought it expedient to subjoin the reasons of my
opinion.
In forming it, I have considered the subject under
these two Questions, to wit.
I s . 1 Whether a Court of Equity does exist in this
Province ? and, if it does,
2 d . ly Whether the Governor is the 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 Westminster Hall, to
156 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1770
wit, the Chancery, King's Bench, Common Pleas and
Exchequer owe their existence to the Common Law of
England; and not to any Statute of Parliament, or
Ordinance or Proclamation of the Crown. Every
Colony therefore, migrating from the Mother Country
saik. 4ii to a new discovered 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 proceeding 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 hands.
It has therefore bee >n very properly doubted whether
any of these Courts needed at first, or ought to have
been raised, in the King's Colonies, by Ordinance from
2 Haw. 2. sect, 3. the Crown; as it is certain, the King can-
4 inst. 73. not by his prerogative make the least alter-
ation even in the manner of proceedingin these Courts
in England.
2 a] - y 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 ' ' Officina Justitice, out of
4 inst. so. " which all original Writs, and all Commis-
" sions which pass under the Great Seal go forth, which
" Great Seal is Claris Begni, and for those ends this
" is ever Courtopen." And by some it is called " Offi-
cina Brevium originalium et remedialium."
curs canceii. 3 Original Writs, such as those of Dow r er,
Replevin, Partition, & c are called the Kings Writs be-
cause they issue out of the Court of ( hancery, and are
tested in his name; in contradistinction to Judicial
Writs, which are tested in the name of the ( Ihief -Jus-
tice of the Court from whence they issue: And the
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 157
King's Writs are to be granted to the Subject ex
deb it o Just it ice, and cannot be denied: wherefore as
the Kings Subjects of this Colony have an undoubted
right to his Writs, and have continually obtained
them from the first Settlement of the Province; and
for as much as these Writs cannot issue, 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 Officina 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
these two Courts of Ordinary and Extraordinary
Jurisdiction cannot be now disunited, but by Act of
Parliament.
3 d . ly Because we have adopted in this Colony the Law
and practice of the other Courts of Westminster Hall;
and therefore 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
isaik. 21. Right without any Remedy; which is against
a principle of Law, as well as the common Sense of man-
kind. This very necessity gave Jurisdiction at first to
the Equity Side of the Chancery in England, as is more
evident from the Laws and Customs of the Realm, in
the ancient times of the British, Saxon and Danish
cms. . an. i, a Kings, when the King himself in person,
5 . T ; ' held a Court similar to the Equity Side of
the Chancery, to moderate the Summum jus, as it was
called, and to give relief according to good Conscience:
wherefor 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 ancient right to moderate the
Summum jus is still vested in the King's Person, and
158 ADMINISTRATION OF GOVERNOR FRANKLIN". [1770
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 and
Proprietary Governments, where a Court of Equity
does not exprofesso exercise Jurisdiction — There the
Courts of Law have not adopted the rigor of the legal
determinations in Westminster Hall; but they take
upon them to moderate the Summum jus themselves;
and their Judges do often determine directly against
the rules of Law, when they happen to thwart a prin-
ciple 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 supersede their
legal determinations in the first instance, without call-
ing for the ordinary process of the Court.
The principle therefore, upon which these other
Governments have gone, is evidently in favor of Sonic
hind of existence of a Court of Equity ; and they only
erred in their practice ; by erecting as many Courts of
Equity, as they 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 alter-
ation in the present mode of determining in our Courts
of Law; or else we should run into a greater absurdity
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 1 ? Because Such Court has actually exercised Juris-
diction here from time immemorial; and therefore
might exist solely from Prescription.
It is evident from an Act of Assembly of East New
ordinal con- j ersey passed in the year 101)8 that a Court of
shtut. of New ~,
.i.-rs.-.v :!7o. Chancery then exercised Jurisdiction in that
part of the Province; for the Act recognizes it as then
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 159
in being; 1 and how long before it had exercised Juris-
diction we know not. For ought appearing to the con-
trary, 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 Government of New Jersey by the
Minutes of Proprietors into the hands of the Crown, the
Council Anno f . . .
1704. first Governor, soon after his arrival m
the Province together with the Council, conceiving
that a Court of Chancery ought to exist by Ordinance
from the Crown; did pass such Ordinance; and that a
Court of Chancery has invariably exercised Jurisdic-
tion throughout the Province to the present time.
Lit. sect, iro This is sufficient to every legal intent of a
Bract nb V Prescription ; for Prescription at the Com-
foi. 230. mon Law is time whereof there is no mem.
ory of man to the contrary; and Bracton sais, " Usus
— qui excedit memoriam hominum; tale enim tempus
Sufficit pro Jure. " There is no man living, it is pre-
sumed, who can point out a time, Since the Govern-
ment of this Colony began, and Shew that then no
Court of Chancery did exist here. " It might there-
fore be inconvenient," as my Lord C J Hale and J.
Trusden said, in considering an objection made to the
authority of the Court of Equity of the Dutchy Cham-
ber of Lancaster, ' ' to examine their power, after so
" long continuance and practice, as by the precedents
" now produced it appears to be used without further
"examination," 2 Lev. 24. Foster against Patten.
It does not affect the Prescription of a Court of
Equity in this Province, that it has been held in dif-
ferent ivays, and by different Judges: if it could, the
four Courts of Westminster Hall cannot exist by Pre-
scription; because they have all been continually vary -
1 " The General Assembly of this Province, shall constitute all Courts within the
same, with their Limits, Powers and Jurisdictions, except the present high Court
of ( 'hancery, and all other Courts now in being."— Grants and Concessions, 370.
160 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
ing in these and other instances. Before the Reign of
William the Conqueror, the King, as has been said,
moderated the Summum jus upon appeals made to
him; and therefore in that period, he acted as the only
Giib. mst. j u dg e i n Equity. During the time of the
trod. 9. Conqueror, and from thence till the Reign
of King John, the Courts now called the Chancery,
King's Bench, Common Pleas and Exchequer were
mixed; and all had the Same Judges stiled Jasti-
ciarii: When they Sat in the Hall, they were a Court
Criminal, and when up Stairs, a Court of Revenue;
the Civil Pleas they heard in either Court— The
curs can. is Chief of these Just ieiarii was Superior to
the Chancellor, during this period and long after; al-
tho' he is now inferior. The Chancery did not take
4 inst. 83. up the Equity Side till about the Reign of
Hen. G. 1 till then it was only the Officina Brevium;
curs. can. 3, and since it took up the Equity Side, this
4 > 5 - Court has greatly increased in its Jurisdic-
tion, and varied in its Practice.
i Har. is. Sequestrations were never practised till my
Lord Bacon's time in the Reign of Queen Elizabeth ; and
before the Reign of Queen Anne the Subpoena pre-
ceded the Bill of Complaint. Nevertheless, all these
alterations in the Nature of the Court, the Number
and Quality of the Judges, and the Mode of Practice,
has not affected the Prescription and Existence of this
Court in England, as it is now held: And for the
same reason, the alterations, which in different per-
iods, have been made in the manner of holding a
Court of Chancery in this Province, cannot destroy or
affect the Prescription, which, in its behalf, may now
1 Canon Stubbs says the Chancellor exercised equity ministerially as earlj as
1280, and in 22 Edw. III. (1848) "such transactions were recognized as the proper
pr.i\ ince of the Chancellor, and from that time liis separate and independenl equi-
table jurisdiction began to grow into the possession of that powerful and compli-
cated machinery which belongs to later history. " — Const. Hist. England, Oxford,
1880, II., 292.-1 W. N-l
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 161
legally be claimed. These reasons have been suffi-
cient to satisfy me upon the first Question, That a
Court of Equity does exist in this Province — And as
to the— 2? Whether the Governor and Commander in
Chief is the Judge ? the following reasons incline me
to be of opinion that he is.
I s .* Because the King by the English Constitution
was invested with a power to hear appeals from legal
adjudications, and to moderate them according to
Equity and Good Conscience; before there was another
Court appointed for that purpose; — and therefore the
Governor of a Province, being the Chief Magistrate
therein, and the immediate Representative of his Sov-
ereign; must be invested with the same equitable Jur-
isdiction. 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 impowered by the Constitution to moderate the
Summumjus, upon appeals made to him for that pur-
pose; 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 Gover-
nor to sit as Judge of the Equity Side of the Court of
Chancery in this Colony, is
2 d ! y Because he is the Keeper of the Great Seal of
the Province — it is not of any importance whether we
call it the Great Seal or Public Seal; as these two de-
nominations are synonimously used by the King in
his Commission to the Governor. Nor need it be con-
tended whether the Governor should be styled Chan-
cellor or Keeper; as each of those great Officers are
4 inst. 87. now by the 5 1 ! 1 of Eliz invested with the same
powers and authorities: yet I confess that the style of
Keeper of the Great Seal seems more proper for a Plan-
11
163 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
tation Governor; because there is an additional formal-
ity in constituting a Chancellor, not necessary in that of
a Keeper, and which formality has uot, I believe, been
generally practised in the case of a Governor; but un-
doubtedly may be. The Keeper of the Great Seal of
i Harr. i9. Great Britain is constituted barely by the
delivery of the Seal; but the Chancellor after receiv-
camd. Hist. j n g £ ne g ea i f rom fcj ie King, has an Entry
can. 2i. made upon the Close Roll in the Court of
Chancery, on what day and in whose presence the
Great Seal was delivered: And formerly when the
Office of Chancellor and Keeper was distinct, there
was yet a greater difference in their Creation. The
curs can. i9. Keeper was ever Solely at the nomina-
tion of the King; but the Chancellor was often
elected by the Parliament — The Chancellor was sworn
at his entrance into Office; the Keeper never was:
camd. i3i. 4 And in the time of Hen 2 rt the form of ap] u >int -
inst. 8~. ment was, to hang the Seal about the Neck of
the Chancellor Elect. But the denomination is of little
moment: The grand enquiry 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 show this, let it be considered that the Great or
Public Seal of this Colony, is used for the same pur-
poses and has the same effects here, as the Great Seal
of Great Britain there. With it, are sealed all Orig-
inal Writs, Summons of Parliament, Commissions of
the Peace, Oyer and Terminer, Pardons &? &° there;
and with the Great Seal of this Province the same
Writs, Summonses of General Assembly, Commis-
sions &c. are Sealed here. These Writs, Summonses
&c. there, cannot possibly issue, but from the Chan-
cery of Great Britain: so neither can bhey here, bu1
from the Chancery o\' this Province. The Keeper of
the Great Seal of Great Britain ex officio is the Sole
Judge of the Court of Chancery there, both on the
1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 163
Law and Equity Side; and for the same reason the
Keeper of the Great Seal of this Colony must ex officio
be the sole Judge of the Court of Chancery here both
on the Law and Equity Side. If a Court of Chancery
exists in this Province, the Keeper of the Great Seal
must be the Sole Judge of it: And a Court of Chan-
cery as Officina Brevium must exist here or else no
original Writ ever was, or can be regularly issued in
this Province. The power of a King's Governor in
the Colonies, to act as Judge of a Court of Chancery,
within his Province, never appears to have made a
matter of Such doubt as to cause an application to his
Majesty or his Judges in England for any directions
or opinion thereon: and therefore it is not to be ex-
pected that any express adjudication, upon this point
should be found. But the Case of Sir John Tryer and
2. p. w»- 26i. Bernard in 2 Peer Williams 201 is at least full
evidence of its being a received opinion by my Lord
Chancellor in England, that a Plantation Governor is
a Judge of a Co art 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 Eng-
land against the Defendant, who, upon inquiry, was
found to have no Estate in England; whereupon a
Motion was made for a Sequestration against the De-
fendant's Estate in Ireland. In Support of the Mo-
tion it was alleged, that such process had been
awarded by the Chancery in England to the Governor
of North Carolina and therefor might go to Ireland.
My Lord Chancellor gave his opinion, that a Seques-
tration might be granted after Nulla Bona returned
in England; but said that it should be by order from
Lord Chancellor in England to Lord Chancellor in
Ireland to issue Sequestration: and then added, "as
" to the Sequestration mentioned to be directed to the
''Governor of North Carolina or any other of the
164 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
"Plantations, the Court doubted much whether Such
" Sequestration should not be directed by the King in
" ( 'ouncil 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 appli-
cation to the King in Council and not to this Court."
Here my Lord Chancellor evidently admits that a Se-
questration 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 Seques-
tration. He only doubts if such Sequestration should
not be directed by the King in Council to the Gover-
nor, as the only Court having Jurisdiction.
Several Objections have been made to the authority
of the Governor of this Province acting as a Judge of
the Court of Equity, as
I s * That the Seal of this Colony is called, in the
Kings Instructions, a Public 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 and Gov-
ernment of a Colouy is essentially different from that
of a Corporation. An instance or two, among many,
will be sufficient for this place. The Legislature of
this Colony can and often have, by their Acts, erected
Corporations; which Acts have received the Kings
Approbation: But tin* Great Corporation of London,
<»!• any other aggregate Corporation that ever existed,
cannot erect another Corporation; as is evident from
ioco.8i,isid. a num ber of the ix'st authorities: and there-
1 1 :,:{.' ' fore the Seal of a Colony cannot have the
least resemblance to a Seal of a Corporation. Be-
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 165
sides, the members of every Corporation in Eng-
land have, notwithstanding their own Courts, the
privilege of resorting to the King's Courts of West-
minster; and cannot be restrained; but in this Col-
ony 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
Jurisdiction of our own; we should be in a State of
Outlawry A Colony therefore in this respect, is very
unlike to a Corporation; and consequently the Seal of
Corporation to that of a Colony. The Counties Palatine
of Chester Lancaster and Durham are not so unlike a
Corporation, as a* Colony is; and yet their Seals are
not so unlike a Corporation, as a Colony is; and yet
their Seals are not likened to the Seal of a Corporation;
4 inst. from but because the Kings Writs do not run
204 to 320. there, they have severally Courts of com-
pleat Jurisdiction, and each of them a Court of Eq-
uity — A
2^ Objection has been made, That the Governour of
this Colony, by a Royal Instruction, is prohibited from
executing, by himself or his deputy, any Judicial
Office; and therefore he cannot be the Judge of a
Court of Equity.
If this Instruction be of the same import as the 41 s *
Instruction to Lord Cornbury,' formerly Governor of
this Province; it evidently intends only to inhibit the
Governor from executing any Office which he is en-
abled, by his Commission and Instructions, to grant;
such as the ordinary Judges of Courts of Law and Jus-
tices of the Peace — The Instruction, after directing
that Judges and Justices of the Peace must be ap
pointed with the advice of the Council, adds "no?
' ' shall you execute yourself or by deputy any of the
''said offices:" not meaning surely that he should b&
1 New Jersey Archives, II., 519.
166 ADMINISTRATION 0F GOVERNOR FRANKLIN. [17?0
prohibited from executing 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 Governor's presence is absolutely necessary to
the very being of the Court. The Instructions there-
fore cannot intend any Office that the Governor is not
able, with the advice of the Council to grant, but the
Governor cannot, with the advice of the Council, grant
the Office of the Supreme Judge of the Court of Equity;
because himself is directed to keep the Seal : and there-
fore the Instruction most clearly cannot intend to pro-
hibit the Governor from executing the Office of the
Judge of the Court of Equity. — A
3 d Objection has been started. That by another In-
struction from the Crown, Appeals lie from the Courts
in the Province to the Governor and Council; audit
would be absurd to Suppose that an Appeal would lie
from the Governor to the Governor and Council.
This Instruction can intend nothing more than Ap-
peals 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 Decrees in the Plantations; as ap-
2 p. wn ... 26i pears by the forecited Case from 2 P. W m . s
261.— A
4'" Objection has been raised. That the Governor by
his Commission is impowered, with the Consent of
the Council, to erect any Courts for hearing and de-
termining the Causes according to Law and Equity :
and it appears, from the Records of this Province,
that a Court of Chancery was first, after the Surren-
drv of the Government, erected here, by Ordinance
passed by the Governor and Council, wherein the Gov-
ernor and Council were appointed Judges of the said
Court. To which it is answered, thai this Clause in
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 167
the Governor's Commission never intended to give
him power to create a Court of Equity — The King him-
self has not power to do it: for this Court must either
4 inst. 87, 2i3. exist by Prescription or Act of Parliament;
but can in no case be raised by Grant from the Crown.
The Governors and Councils therefore, in the times of
my Lords Cornbury and Lovelace, committed great
error in attempting to erect by the Prerogative, a
Court which really did exist by the Common Law.
This Ordinance was absurd, and a mere nullity: but
the maxim of Utile per inutile non vitiatur is founded
upon good reason. — The legal and constitutional ex-
istence of this Court was not affected, by an attempt
to make it an unconstitutional 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 custody 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 Objection to the same Court being held
regularly by the proper Judge, when the mistake was
discovered. A
5 1 ? Objection has been made, That there is no per-
son appointed to administer the Oath of Chancellor or
Keeper to the Governor.
To this it is answered, that the Members of his Ma-
jesty's Council or any three of them, are directed, in
the Governor's 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 come before him:
Which seems very Sufficient to enable them to ad-
minister the Oath of any Office, with which he may be
invested. And it is evident, in fact, that the Oath of
168 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
vide Min- Chancellor, in so many words, has been
cii from time administered to several of the Governors
of gov Hun- an d other Commanders in chief of this Pro-
ter to Gov. . .
Bernard. vince; and by the same authority might
have been administred 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 im-
powered to adminster the Oath of Office.
Such are the Eeasons of my Opinion upon this im-
portant point; and I am happy in having been able to
satisfy my self — nevertheless they are humbly Sub-
mitted to better Judges.
Rich? Stockton
Princeton, Jan r . y 27 1 ! 1 1770
The Petition of William Bayard, Esq., of Neiu York,
to the Board of Trade, praying their Lordships
to propose to His Majesty the repeal of an Act
passed in the Province of New Jersey, relative to
the Common Lands of the Township of Bergen.
[From P. R. O. B. T.. New Jersey. Vol. 10, L. 5.1
To the Right Honourable the Lords Commis-
si* >ners of Trade and Plantations
The Petition of William Bayard of New York
Esquire
She teeth
That by a private Act of the General Assembly of
the Province of New Jersey Intitled An Act appoint-
ing 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 and equitable Propor-
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 160
tions among those who shall be adjudged by the said
Commissioners to be intitled to the same, obtained and
passed in the fourth year of the Reign of his present
Majesty at the Instance of Your Petitioner and others
the Inhabitants and Freeholders within the Township
of Bergen within the said Province, certain Persons
therein named were appointed Commissioners for the
purposes above mentioned
That the said Commissioners in the Year One Thou-
sand Seven Hundred and Sixty four proceeded in the
Execution of the said Act and having allotted to the
several Grantees their respective proportions of the
said Common Lands, the said Commissioners located
to every Proprietor his Share therein according to the
directions of the said Act, and having thereby per-
formed all the Trusts reposed in them by the said Act,
made a due and regular Return of their proceedings as
by the said Act they were directed
That Your Petitioner in right of a Patent of the
Island of Secaucus granted the tenth of December One
Thousand Six Hundred and Sixty three to his Grand-
father Nicholas Bayard and Nicholas Varlet as joint
Tenants and confirmed to them by Governor Carteret on
the thirteenth of October One Thousand Six Hundred
and Sixty-seven, claimed before the Commissioners an
Allottment of the said Common Lands, as did likewise
sundry other Persons in virtue of a Sale from the said
Nicholas Bayard of the said Island of Secaucus, but
the said Commissioners having doubts concerning the
Rights thereto, would not take upon themselves to
determine to whom the said Allottment did belong
and therefore in their Award or Determination only
set apart a certain Lot of the said Common Lands to
the said Patent of Secaucus distinguished by Number
283 in their Field Books, and left the Question of Title
and Right to be decided by due Course of Law.
That Your Petitioner in right of and as Heir at Law
170 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
of the said Nicholas Bayard his Grandfather (who sur-
vived the said Nicholas Varlet) thereupon entred upon
the Lands so allotted by the said Commissioners to the
Patent of Secaucus and both ever since been and still
is in the possession thereof.
That the Persons so claiming under the said Sale of
the said Island did some time since commence a Suit
in the Supreme Court of Judicature of the said Prov-
ince against your petitioner for the recovering the
possession of the said Lands so allotted by the said
Commissioners to the said Patent, to which your peti-
tioner immediately appeared and submitting to the
Jurisdiction of the said Court therein, caused a Defence
to be made in the said Suit and the said Cause having
been brought on to Trial, a special Verdict was found
therein which having been solemnly argued before the
Judges of the said Court they were ready to give their
Judgment in the Matter.
That notwithstanding there never has been the least
doubt entertained of the Jurisdiction of the said Court
as to the Cognizance of the said Cause, the several
Persons so claiming under the said Sale being con-
scious of having no Right by Law to the said Allot-
ment and taking Advantage of your Petitioners Ab-
sence from the said Province, have in a very unfair
and unprecedented manner obtained at the last Ses-
sions of the General Assembly of the Province an Act
intitled a Supplementary Act to an Act entitled an
Act appointing Commissioners for finally settling and
determining the several Rights Titles and Claims to
Hi" Common Lands of Bergen and for making Parti-
tion thereof in just and equitable Proportions among
those who shall be adjudged by the said Commission-
ers to be entitled to the same; whereby certain Per-
sons 1 herein named are appointed Commissioners
instead of the persons in the said former Act named
for settling and finally determining in whom the
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 171
Right or Eights of the said Common Lands allotted to
the Patent of Secaucus is or are vested, under such
Directions as therein set forth, and the opinion of the
said Commissioners is thereby declared to be good and
valid in Law to establish the Right and Title of the
proprietor or proprietors of the said Common Lands,
And for the more easy and ready acquiring Posses-
sion of such Common Lands as shall be allotted and
adjudged by virtue of the said Act, the said Commis-
sioners are to issue a Precept to the Sheriff of Bergen
County commanding them to cause full and actual
Possession to be delivered to such person or persons
to whom such Common Lands shall be alloted, who is
thereby required to execute the same as in Case of a
Writ of Possession in an Action of Ejectment; And
the said Commissioners are thereby directed to meet
and take upon them the Execution of the said Act on
the Twentieth Day of September next or as soon as
they conveniently can thereafter, having first given
such notice as therein mentioned.
That the impropriety and evil tendency of this Act
is too obvious to need further Observation than that
the plain view and design of Your petitioner's Adver-
saries in thus attempting to remove this Question of
Right which is entirely of a private nature and a mere
point of Law depending between Individuals from the
ordinary Course of Justice where it has been brought
by themselves in a regular Course of Procedure, to a
new erected Court of Commissioners whose deter-
mination is to be final, must be to deprive your Peti-
tioner of the legal Right to the Judgment of the Su-
preme Court of Judicature arid of his Appeal from
thence if necessary, first to the Governor and Council
of the province, and ultimately to his Majesty in
Council; contrary to the express Constitution of the
Province, besides this Act being confessedly of a pri-
vate nature and not containing any Clause of Suspen-
172 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
sion, is as Your Petitioner is advised expressly con-
trary to his Majesty's Instructions
Wherefore as well in regard to Your Petitioner as
to discourage for the future Attempts so repugnant to
Law and Justice, Your Petitioner humbly prays Your
Lordships will please to take this Matter into Your
Consideration and intercede with his Majesty to pre-
vent this Act from passing into a Law 1
Speech of Governor Franklin, to the Legislature, in
relation to the Riots in Monmouth and Essex
Counties.
[From Minutes of the Provincial Council of New Jersey.]
Gentlemen of the Council and Gentlemen of the General
Assembly;
I am much concerned that there should be any Occa-
sion for calling a Meeting of the Legislature, so soon
after the late Session: But however inconvenient it
may be to your private Affairs, or expensive to the
Province, you will find by the Papers which will be
laid before you, that it is a Measure made absolutely
necessary by the late tumultuous and riotous Proceed-
ings in the County of Monmouth. A considerable Body
of I Vople of that County, spirited up by some factious
designing Persons, assembled themselves at Freehold,
on the Day appointed for holding the County Court
there in January last, and armed \\ if h ( Hubs and other
offensive Weapons, ditl, by their Threats and outra-
geous Behaviour, so insult the Magistrates and Officers
of the Court, when on their Way to the Court House,
'There is no date t<> ihis paper, but it is supposed to have been presented
March ■-'«>, 1170.
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 173
that they judged it neither safe nor prudent to attempt
opening the Court: They therefore, after making a
Record of the Riot, broke up, and returned to their
respective Homes; by which Means it has become
requisite, before another Court of Common Pleas and
Quarter Sessions can be held there, that an Act of As-
sembly be passed for reviving and continuing the Pro-
cess and Proceedings lately depending therein, to the
next succeeding Court, which will be on the Fourth
Tuesday of the ensuing Month.
The chief Pretence given out by the Leaders of these
deluded People, in Justification of their riotous and
unwarrantable Proceedings, is, I understand, that the
Lawyers have oppress'd them with exorbitant Costs,
in bringing Suits for Debt, &c. Whether this Charge
is well or ill founded, I cannot take upon me positively
to say ; but this I know, let it be ever so just, it does
not lessen the Heinousness of their Offence. If the
People are aggriev'd, there are legal Methods of com-
plaining — there are legal Methods of obtaining Redress.
For Instance, in the present Case, if the Practitioners
of the Law, have really charged the People with ex-
cessive and illegal Costs, the Law has already provided
a competent Remedy. They can apply to the Judges
of the County Courts, and have the Lawyers Bills
taxed, and even re- taxed if they think it necessary.
If they apprehend any Injustice has been done them
in such Taxation, they can apply to the Justices of
the Supreme Court, who, it is not to be doubted,
will rectify any Errors that may be found therein.
Should it, however, happen, that they conceive them-
selves injured by the Determination of these Officers,
or that these Officers should deny or delay doing them
Justice, a Complaint may be made to the Governor
and Council, who, they must be assured, from many
late Instances, will pay Attention to the Complaints of
the meanest, even tho' they may affect the highest
17J- ADMINISTRATION OF GOVERNOR FRAXKLIN. [1770
Persons in the Community, and omit nothing in theii
Power to ensure the strict and impartial Administra-
tion of Justice. But even supposing the contrary, and
that all the Officers of Government should neglect or
refuse doing their Duty in this Respect, Have they not
still a Door left open for their Complaints in the House
of Assembly, the Representatives of the People ? A
Body, who, on such Occasions, have an undisputed
Right to consider themselves as the Grand Inquest of
the Colony, to enquire into the Grievances complained
of by the People, — and who have it in their Power, by
many legal and constitutional Ways, and particularly
by a direct Application to the King, the Fountain of
Justice, to procure all the Relief the Nature of the
Case will admit of.
How unjustifiable then is the Conduct of these Peo-
ple ? They have refused taking those regular Steps,
which the Law and Constitution have pointed out to
them. Their first Method of making known their
Complaints, was to assemble in a riotous Manner in
July last, and endeavour to prevent the Lawyers, who
are legal Officers of the Court, from entering the
Court-House, and doing their Clients Business. They
were, however, at that Time, opposed with Spirit by
the Magistrates and others, the Riot quell'd, and the
principal Ringleaders committed to Gaol. A Court of
Oyer and Terminer was some Time after held in the
County, and those Persons appearing to have some
Remorse for their past Conduct, lenient Measures were
thought most advisable by the Court, and wei
cordingly adopted, by which Means none of them were
brought to that Punishment they justly deserv'd.
Here it was hoped the Disturbances in thai County
would have ended, especially as the House o"f Repre-
sentatives soon after made a particular Enquiry into
their pretended Grievances, and spent a considerable
Time therein, without being able to find any Charges
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 175
of Consequence proved against any of the Lawyers
complained of. But it so happened, as it has often
happened before, where Government has thought
proper to adopt lenient Measures on the first Commis-
sion of Crimes of this Nature, that the People did not
attribute these Measures to any real Disposition to
Lenity, but to Motives of Fear and Apprehensions of
Danger. In Fact, they were thereby encouraged to
believe they might set themselves up in Defiance of all
Authority, and act in the Manner we are told in Scrip-
ture that the Jews did, "In those Days when there
was no King in Israel, — no Government or Magistrate
that might put them to Shame in any Thing, — but every
Mail did that which was right in his own Eyes." The
Consequence of which was, they assembled in far
greater Numbers, entered into a Set of Resolves, some
of them treasonable, and at the Time when the County
Court was to have been held in January last, they as I
have before mentioned, entirely prevented any Pro-
ceedings in the Business that ought to have been tran-
sacted there.
Besides these Riots in Monmouth, there was one of
a similar Nature in Essex, on the 9th of last January,
but by the virtuous and spirited Conduct of the Sher-
iff, Magistrates, and a Number of the well-disposed
Inhabitants of the County, the Rioters were sup-
pressed, and many of them bound over, to answer to
the next Court.
Upon my receiving Information of these audacious
Insults to Government, I summoned a Meeting of his
Majesty's Council at Amboy, and by their Advice, im-
mediately issued Commissions for holding a Court of
Oyer and Terminer, in the Counties of Monmouth and
Essex, that the Disturbers of the Peace in those Coun-
ties might be brought to as speedy Justice as possible.
And, in order to add Weight and Dignity to the Com-
missions, I appointed a number of Gentlemen of
176 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1770
Rank and Character to assist the Justices of the Su-
preme Court in the Execution of them. Several of
them very cheerfully undertook the Service, tho' at
an inclement Season, for which the Publick is much
indebted to them. The Courts have since been held,
and I have the Satisfaction to acquaint you, that in
Essex the Rioters were tried, convicted and punished
according to their Demerits; and every good Purpose
that could be hoped for or expected from the Commis-
sion, seems to have been attained. I heartily wish I
could give you the same Information respecting Mon-
mouth. But the Grand Jury, for Reasons best known
to themselves, spent near a Week before they would
make any Enquiry into the Riot of January last, tho'
they well knew it was the principal Intent for which
the Court was held, and they had the Bills laid before
them on the second Day of the Court, and all the Wit-
nesses were attending. The Result was, that after
altering the Bill, they indicted about twenty Men for
the Riot; but so long a Time had elapsed before this
was done, that the Court, some of the Members of
which were to attend this Session (and the Defend ■
ant's declaring they were not ready for Trial, some of
their Witnesses being out of the County) found them-
selves under a Necessity of rising without bringing
them to a Trial at that Time, and the Parties were
therefore bound over to the next Court of Oyer and
Terminer to be held in that County.
I think it necessary to mention to you, Gentlemen,
that the only Complaint of Grievance which lias been
made to me on this Occasion, is contained in a Peti-
tion I received since the last Riot, from about Thirty
or Forty Persons, who stile themselves The Freehold-
ers Inhabitants of the County of Monmouth. But this
contains only ;i general Charge againsl Lawyers in
general, unsupported by a single Fact against any one
of them. How can these People expect that Govern-
1770] ADMINISTRATION OF GOVERNOR PRANKLIN. 177
ment will take Notice of Accusations of this Nature ?
What would they think if any Attention was paid to
such general Allegations against themselves ?
There is no Man in the Province that would more
readily join in any Measure necessary for the Removal
of any real Grievance of the People than myself: But
at the same Time I should be much wanting in my
Duty to the People themselves, if I did not endeavour
to have Examples made of those who, on any Pre-
tence, dare to insult the Laws and Authority of Gov-
ernment. — In the present Case however, 1 am by no
Means satisfied, that the Grievance they now particu-
larly complain of, has any real Existence. On the
contrary, it appears to me, that this Cry against the
Lawyers, is only raised to deceive us, and that the
Unwillingness of some, and the Inability of others, to
pay their just Debts, are the true Causes of all their
outrageous Conduct, in which they are encouraged to
persevere by the general Licentiousness of the Times,
and the Countenance they receive from some Persons
who are ambitious of becoming popular, even at the
Risque of distressing their Country.
The Reasons which among others, incline me to
adopt this Opinion are, first, Because you, Gentlemen
of the Assembly, notwithstanding you spent so much
Time, and took so much Pains at the last Session, in
enquiring into the Charges against the Lawyers, were
not able to-discover any Thing in their Dis -favor, but
what was really so trivial, as to be scarcely worth
Notice, and could not with any Propriety be deemed a
publick Grievance. And, in the next Place, because I
am credibly informed, that at the Court of Oyer and
Terminer, held last Week for the Trial of the Rioters
at Monmouth, tho' the Grand Jury took uncommon
Pains in searching for and enquiring into Facts against
the Lawyers, in order to found Indictments against
them, the whole amount of what they could find to
12
178 ADMINISTRATION' <>F GOVERNOR FRANKLIN. [1770
charge them all with, was but Fifty Shillings. Three
Practitioners were, however, indicted for their Quotas
of this trifling Sum. Two of them being present, im-
mediately put themselves on their Trials. One of
these had two Indictments found against him, but
the Pettit Jury, in a very short Time acquitted him of
the First, and the other was discharged at the Request
of the Prosecutor, w r ho acknowledged himself mis-
taken, and therefore could not support his Charge.
The Court being of Opinion that the Matter charged
against the other Gentleman present, was not indicta-
ble, ordered the Indictment to be quashed. The Law-
yer who was absent being sick at Home, could not
attend, and is yet to take his Trial.
Such being the Case, our chief Attention at this
Time, ought to be engaged in providing for the due
Support of the Laws and Authority of Government.
This indeed, must at all Events be done, and with your
Assistance, may be easily effected. For so desirable
a Purpose, I think it my Duty to recommend to you
the passing,
1st. An Act for reviving and continuing the Militia
Law, which expired at the last Session.
2d. An Act for the better preventing Tumults, and
riotous Assemblies, and for the more speedy and ef-
fectual punishing the Rioters. — In this Act you will
probably think it expedient for the Security of your own
Properties, and those of the good People of the colony,
to add Clauses for punishing with exemplary Severity,
those who forcibly oppose the holding or proceeding in
the Business of any Court of Justice, or forcibly hin-
der the Sale of any Lands or Goods taken in Execution
by the Sheriffs of the Province, — and also to enable
the Justices of the Supreme Court, on particular and
extraordinary Occasions, where Circumstances may
make it necessary for the publick Peace and Safety.
to try Persons guilty of such Crimes in some other
County, than thai wherein the Offence was commit-
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 179
ted. A Law of this Kind has been heretofore pass'd
in this Province, and in other Parts of the King's Do-
minions, but never on any Occasion more necessary
than the present.
3d. An Act to compel the Reparation and strength-
ening of Prisons, as often as may be necessary, in some
Manner more speedy and effectual than at present.
4th. An Act to provide a Fund (some limited Sum)
for answering such contingent and extraordinary Ex-
pellees, as may happen on Emergencies, for the Ser-
vice of this Province. — They have a Provision of this
Kind in the Colony of New York, as well as in several
other Colonies. Such a Provision, indeed, ought to
be in all Governments, at all Times, — but more es-
pecially in this Province, at this Juncture.
These, Gentlemen, are the principal Matters I have
to recommend to your Consideration at this Time, and
I have been the more particular, as I think them of
the utmost Consequence to the future Welfare and
Prosperity of the Province. The riotous Disposition
which too many of the People have lately manifested
in several Parts of this Colony, particularly in the
County of Monmouth, where it first appear'd, is of
the most dangerous Nature, and, if not timely and
vigorously opposed and subdued, will in the natural
Course of Things, spread itself from County to County.
Artful and designing Persons will take the Lead, who
will be every Day inventing new Grievances, and ris-
ing higher and higher in their Demands. Laws, the
best Cement of Societies, will be broken with Impu-
nity. The regular Administration of Justice, which
is of the very Essence of Government, will be totally
obstructed; Anarchy and Confusion will then ensue,
and the most despotic and worst of all Tyrannies, —
the Tyranny of the Mob — must at Length involve all
in one common Ruin.
William Franklin.
Council Chamber, March 1<;, 1770.
180 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Address of the Assembly to Governor Franklin in
relation to the Riots in Monmouth and Essex
Counties.
[From Votes and Proceedings of the General Assembly of New Jersey.]
To His Excellency William Franklin, Esq;
Captain General, Governor and Comman-
der in Chief, in and over the Colony of
Nova-Cgesaria, or New Jersey, and Terri-
tories thereon depending in America,
Chancellor and Vice- Admiral in the same,
&c.
The Humble Address of the Eepresentatives of
said Colony, in General Assembly convened.
May it please your Excellency,
Heartily grieved at the Occasion of our Meeting at
this Time; we cannot sufficiently express the Concern
we feel, that there should be Persons in this Govern-
ment, so lost to a Sense of their inestimable Privileges
as not to distinguish between the Use and Abuse of
them; and that because some may have been, and
others imagined themselves severely treated and op-
pressed by a particular Sett of Men. that therefore
they would deprive both themselves and others who
never offended them, of one of the greatest Bulwarks
of English Liberty, a Free Court, wherein all Persons
whatever have, and ought to have an undoubted
Right to appear, according to the Mode of our excel-
lent Constitution, to hear and bo hoard, make known
their Complaints, and have them redressed. There
are or have been Abuses in most or all Professions; if
these were to operate against their Use, what would
be the Consequence, but a total Deprivation of all the
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 181
Benefits attending the due Execution of them. Where
the Law and Constitution have provided Remedies in
any Case; these and these only ought to be pursued.
With Respect to any Abuses or Oppression from the
Practitioners of the Law, the legal Modes of Redress
are justly pointed out by your Excellency, plain and
easy to the meanest Capacity, and to which in general
we know of but one Objection, that the People op-
pressed are sometimes not of sufficient Ability to pros-
ecute their Complaints; but this can have no Exist-
ence, when it is considered, that there are none so
poor but may make known their Distress by Petition
to the Assembly, or to the Members thereof, who live
in their County; and from the past Conduct of this
Bouse, it must be evident, that as the Grand Inquest
of the Province, Attention will always be paid to the
Complaints of the People. — There are few but what
have, or may have in future a lawful and honourable,
and we think, the best Remedy, in their own Hands,
against any Abuses from the Practitioners of the Law,
an honest Care to fulfil Contracts; and a patriotic
Spirit of Frugality and Industry, would soon make
this evident. We are however, and shall be at all
Times, ready to hear, and as far as may be in our
Power, redress every real Grievance that may come to
our Knowledge.
We could not, thro' Concern for these deluded Peo-
ple, but thus far lament their unhappy Mistake. Gov-
ernment must be supported, and the Laws duly exe-
cuted; from the strictest Attention to these Points, we
can never vary; our Regard for good Order and the
Peace of the Province, calls loudly upon us to thank
your Excellency, for the Care you have taken, that
the public Tranquility might be preserved ; at the
same Time we are well assured, it is necessary there
should be a Regulation in the Practice of the Law,
which we believe would greatly contribute to quiet the
182 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Minds of the People, if not totally prevent such tumul-
tuous Proceedings in the future; and we hope, if any
Remedy can be provided, so that the heavy Expence
sometimes attending Law Suits, may be regulated and
lessened, it will have your Concurrence. And we can-
not but express the great Satisfaction we feel at the
virtuous Conduct and Spirit shown by the Magistrates,
Sheriff and People of the County of Essex, in su press-
ing the first Appearance of Riot in that County; had a
like Spirit been exerted in Monmouth, it probably had
prevented the Disturbance since.
We on our Part do assure your Excellency, we
shall ever discountenance such riotous Proceedings,
and will heartily join in all necessary Measures to
bring every Offender to condign Punishment, and for
ensuring Obedience to the Laws; for this salutary Pur-
pose we shall give due Consideration to what your
Excellency hath recommended.
As the Persons accused of the late Riots, have been
and are in a Way of Trial according to Law, we can-
not think it necessary at present to alter the constitu-
tional and established Mode of Trial to another County ;
nor will it be necessary at this Time to make any Pro-
vision for Expences that may hereafter arise, as the
Assembly of this Colony have always honourably paid
the extraordinary Exigencies of Government; so your
Excellency may be assured, should the like Disorders
occasion it, we shall not be wanting in our Duty to
defray the Expence.
We must take Notice to your Excellency, that the
Meeting of the Assembly at this Time, ought to have
been at Amboy, according to established Custom, and
however the Necessity of the Business now to be done,
may excuse our going into it, we desire it may not be
drawn into Precedent.
By Order of the House,
Cortland Skinner, Speaker.
March 20, 1770.
1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 183
Proclamation of Governor Franklin, offering a re/ran!
of £'25 for the discovery of the person or persons
who set fire to the stable and outhouses of David
Ogden.
[From P. R. O. B. T.. Vol. 26.]
A Proclamation
Whereas I have received Information that on the
night of the ninth day of January last the Stable and
some other out Buildings of the Honorable David
Ogden Esq r were consumed 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 discovering and bringing to condign Pun-
ishment 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 Coun-
cil to issue this Proclamation hereby requiring and
Commanding all Judges, Justices of the Peace, Sher-
iffs and other Officers to be particularly vigilant 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 dis-
cover the said Offender or Offenders so that he, she
or they be convicted of the said Crime.
And I do hereby farther promise his Majesty's 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
184 A I) MINISTRATION OF GOVERNOR FRANKLIN. [1770
of Burlington in the said Province of New Jersey the
twenty first day of March in the tenth year of his
Majesty's Reign Anno Domini 17T<>
\V M Franklin
By His Excellency s Command Cha. PettitD. Secret*
God Save the King.
Ordinance in relation /<> the Court of Chancery.
|From Book AH of Commissions, in Secretary of State !s Office, a1 Trent on. fol. 54.]
An Ordinance For the better Establishing a High
Court of Chancery in the Province of New Jersey and
for appointing the Chancellor or Judge thereof By his
Excellency William Franklin Esq. Captain General
Governor and Commander in Chief in and over his
Majestys Province of New Jersey and Territories
thereon depending in America and Vice Admiral in
the same & in Council this twenty eighth day of March
in the tenth year of his Majestys Reign, Annoque
Domini One thousand seven hundred and seventy.
Whereas there always hath been a Court of Chancery
held in the Province of New Jersey and the same at
present requires regulation. His said Excellency the
Governor by and with, the Advice and Consent of His
Majestys Council for the said Province, and by virtue
of the Powers and Authorities to him given by his
Majestys Letters Patent under the Greal Heal of Great
Britain bearing date the ninth day of September in
the Second Year of his present Majestys Reign, hath
thought fit to ordain and declare, and by and with the
Advice and Consent of bis said Majestys Council doth
hereby ordain and declare that bis said Excellency
William Franklin Esq. is hereby constituted and ap-
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 185
pointed Chancellor and Judge of the High Court of
Chancery or Equity in this Colony, and I m powered to
hold the said Court, and in the same to hear and de-
termine all Causes from time to time in such manner
as heretofore hath been usual and as nearly as may be,
according to the usage and Custom of the high Court
of Chancery in that part of Great Britain called Eng-
land. And it is hereby ordained and declared that his
Excellency William Franklin Esq. before holding the
said Court shall take an Oath in the words following
that is to say, " You shall well and truly serve his
Majesty to the best of your Skill and Knowledge as
Chancellor and Judge of the High Court of Chancery
Erected within this Province, you shall faithfully and
uprightly to the best of your Power, cause Justice to
be duly Administered, to such as shall sue before you
for the same according to Equity and the Order of the
Law you shall not take nor receive of any person any
Gift or reward in any Cause or matter depending be-
fore you. So help you God. And it is hereby further
ordained and declared that his said Excellency Wil-
liam Franklin Esq. shall and may, and he is hereby
Authorized and Impowered from time to time to nom-
inate and fix days for hearing, Tryal and determina-
tion of any Cause that may arise or be brought before
him, and to appoint and Order such days & times as
to him shall seem meet, for hearing Motions, and en-
tering Kules and Orders in the said Court. And fur-
ther to nominate constitute appoint and Commission-
ate so many Masters, Clerks, Examiners, Registers
and other necessary Officers as shall be needfull to the
holding the said Court and doing the Business therein
and also to make such Rules Orders & Regulations for
carrying on the Business of the said Court, as to him
from time to time shall seem necessary. 1
1 The need of a Court of Chancery upon a proper basis had been urged upon the
Assembly in 17G8 by Governor Franklin, but that body was not disposed to create
any new offices, nor to add to the emoluments of those then existing, and no legis-
186 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
In Testimony whereof I have caused the Great Seal
of the said Province to be hereunto Affixed at Burling-
ton the day & year first above Written.
Assented to and ordered to be Kecorded.
¥m. Franklin
This ordinance having been read & Compared in
Council, is Consented to '
Stirling.
ation on the subject was enacted.— Field's Provincial Courts of New Jersey, 123.
The Governor then took the advice of his Council as to his power to establish and
regulate the Court by ordinance. The opinion of Richard Stockton has been given
(see ante, p. 155). Another Councillor, John Stevens, wrote to the Governor, at his
request, under date of March 20, 1770, as follows: li 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 this Time and ever since the year 1713, the Court has not been held on a proper
establishment, as no Ordinance for erecting said Court, or qualification of the Chan-
cellors appears. 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 Governor, with such of the Council or others as shall be
thought proper or fitting for the Trust, and that they all take the necessary quali-
fication for the due discharge of their duty; and that every step maybe taken to
give authority and permanence 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 and transmitted to our Most Gracious Sovereign for his further instruc-
tions to the Governor with regard to his will and pleasure therein."— N. Y. Gen.
and Biog. Record, October, 1884, 147. The outcome of this movement was the
above Ordinance, which remained in force until the adoption of the Constitution of
July 2, 1776, which continued the Governor as Chancellor, and it so remained until
1844. Some curious information regarding the New Jersey Court of Chancery will
be found in the Annual Law Register of the United States, by William Griffith,
Burlington, 1822, IV.. 1183. In Colonial times the Court was always viewed with
jealousy, inasmuch as it was independent of the people, and vested too much
power in the Governor, as Chancellor. The New York Assembly repeatedly ex-
pressed hostility to it.— Smith's History of New York , edition of 1814,269,385-8;
Works of William II. Seward, n., 55; Journals of New York Legislative Councils,
562 9. In Pennsylvania, at the request of the Assembly, Lieutenant-Governor Keith
established a ( lourt of Chancery, by ordinance, consisting of himself and his Coun-
cil.— Penn. Archives, I., 171; Proud's Hist. Pennsylvania, II.. 125-8. The Assem
bly of 1736 adopted an able and ingenious address, pointing out the objections to
thus establishing and maintaining a Courl independent of that body.— Penn. Col.
Records, IV., 27-32, 41-6. This memorial was effective, for Proud says (ut supra,
128, note): "This Court of Chancery afterwards, in Governor Gordon's ti came
to be considered as s<> greai a nuisance, that it was. therefore, then entirely laid
aside." |\v. N.|
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 187
Pardon of John Dodd and David, Dodd, convicted of
rioting at Horseneck.
[From Book AB of Commissions, Secretary of State's Office, Trenton, fol. 59.]
George the Third &c. To the Sheriff of our Coun-
ty of Essex and to all persons whom it may Concern
Greeting. Whereas John Dodd & David Dodd of our
County of Essex in our Province of New Jersey, at a
Court of Oyer and Terminer and General Gaol De-
livery lately held at Newark in & for our said County
of Essex were severally convicted of aiding & Assist-
ing in a riotous manner to Erect a certain Building of
Loggs, called a Strong hold, or Gaol, at a place called
Horse Neck in our said County of Essex' & other mis-
demeanors by the disturbances of our peace in the sd.
County for which sd. Crimes the sd. John Dodd &
David Dodd were by Sentence of our sd. Court con-
demned to pay certain Fines and suffer Imprisonment
viz: the one for four Months and the other for three
Months, and the sd. John Dodd & David Dodd are
now Confined in the Common Gaol of our sd. County
in Execution of the sd. Sentence. And Whereas the
sd. John Dodd & David Dodd have by their humble
Petition Acknowledged the Justice of the sd. Sentence
and Solemnly promised to conduct themselves for the
future as Dutifull and Loyal Subjects, and orderly
Members of the Community and have supplicated our
trusty and welbeloved William Franklin Esq. Captain
General & Governor in Chief of our sd. Province, that
they may be released from the said Imprisonment,
1 Horseneck, now Caldwell. The riot was doubtless one of the outbreaks against
the lawyers referred to in Governor Franklin's speech to the Legislature, given
above.
188 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Now Know Ye that We of our special Grace Clemency
& Compassion have pardoned & released and by these
presents do pardon and release the sd. John Dodd &
David Dodd from the sd. Sentence of our Court so far
as relates to the Imprisonment of their persons, they
paying all due Fees to the Officers of our sd. Court
and others. In Testimony whereof We have Caused
the Great Seal of our sd. Province of New Jersey to
be hereunto Affixed Witness &c. dated at Burlington
the 31 of March A. Dom. 1770.
Pettit.
Representation of the Lords of Trade to the King,
recommending the disallowance of an Act of the
New Jersey Assembly relative to the Common
lands of the township of Bergen.
[From P. R. O. B. T. New Jersey. Vol. 17. page 219.]
Whitehall, Aprili. 11. 1770
To the King's most Excellent Majesty.
May it please Your Majesty
We have had under our consideration an Act passed
in Your Majestys Colony of New Jersey in November
1769, 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
,k proportions among those who shall be adjudg'u by
" the said Commissioners to be intituled to the same;"
whereupon we humbly beg leave to represent to your
Majesty,
That this Act is passed with a Clause suspending its
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 189
execution till September next, and is supplementary
to the Act for dividing the Bergen Common; the Oc-
casion of this Act is set forth in the preamble and
Your Majesty's Governor of New Jersey in his Letter
accompanying the transmission thereof states that the
Circumstances of the Case make such an Act abso-
lutely necessary; inasmuch as the claims of the sev-
eral Parties who conceive they have a right to a share
of the Commons allotted to the Secaucus Patent, are
of so various, complicated & intricate a nature, that it
is impossible they should be ever settled in the ordi-
nary course of Law.
In answer to this observation of Your Majesty's
Governor we have received a Petition from William
Bayard Esquire of New York (Copy whereof we hum-
bly beg leave hereunto to annex) setting forth,
amongst other matters that in right of a Patent of the
Island of Secaucus granted the lo tu of Dec-' 1663 to his
Grandfather Nicholas Bayard and Nicholas Varlet as
joint Tenants and confirmed to them by Governor
Carteret on the VS tn of October 1667, he had claimed
before the Commissioners (appointed under the Act to
which this refers) an Allotment of the said Common
Lands of the Township of Bergen; That sundry other
persons, claiming the said common Lands in virtue of
a Sale from the said Nicholas Bayard of the said Is-
land of Secaucus, did some time since commence a
Suit in the Supreme Court of Judicature of the said
Province against the Petitioner for recovering the pos-
session of the said Lands; and that the Petitioner
having caused a defence to be made in the said Suit,
and the said Cause having been brought on to Trial, a
special Verdict was found therein, which having been
solemnly argued before the Judges of the said Court,
they were ready to give their Judgment in the matter;
That in the meantime advantage had been taken of
his absence from the Province to obtain the above
190 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
supplementary Act for the purpose of removing this
Question of Right which is entirely of a private nature
and a mere point of Law depending between Individ-
uals, from the ordinary course of Justice, where it
has been brought by themselves in a regular Course
of Procedure to a new erected Court of Commission-
ers, whose determination is to be final; thereby de-
priving the Petitioner of his legal right to the Judg-
ment of the supreme Court of Judicature and of his
Appeal from thence if necessary, for which reasons
amongst others, he humbly prays that Intercession
may be made with your Majesty to prevent this Act
from passing into a Law.
In addition to the above objections, it does appear
from the minutes of Your Majesty's Council for the
province of New Jersey that a Petition addressed to
the Governor Council and Assembly of the said Pro-
vince and signed 'by the said William Bayard Esq r
was exhibited in Council, on the 13 th of October 1769,
setting forth that a Suit was then depending in the
Supreme Court of that Province, respecting certain
Lands in the County of Bergen included in the Patent
of Secaucus in which the Petitioner was defendant;
and He being informed that some persons interested
therein intended to apply to the Legislature of that
Colony to pass a Law to effect a Division of said
Lands, thereby prayed that no Bill of that nature
might pass that House for the reasons therein men-
tioned
This Petition by way of Caveat appearing on the
Minutes of Your Majesty's said Council, we are hum-
bly of opinion that as well on that account as likewise
for the reasons assigned in the Petition presented to
us, this Act should not be allowed to pass into a Law;
and when we add as a further and effectual objection
thereto, that being of a private nature, it is neverthe-
less accompanied with a Clause of temporary suspen-
1770 j ADMINISTRATION OF GOVERNOR FRANKLIN. 19l
sion only and not until such time as your Majesty's
pleasure shall be Known,- we think it our duty to lay
this Act before Your Majesty for Disallowance.
Which is most humbly submitted
Hillsborough. W m Fitzherbert.
Soame Jenyns. Ed. Eliot.
Circular letter from Mr. Pownall to the Governors in
America inclosing an Act of Parliament respect-
ing certain duties.
[From P. R. O. America & West Indies, Vol. 274 .1
Whitehall 14 th April 1770
To all the Governors in America
Sir,
I am directed by the Earl of Hillsborough to send
you the inclosed printed Copy of an Act, assented to
by His Majesty on Thursday last, for repealing so
much of an Act made in the 7 th Year of His present
Majesty for granting certain Duties in the British Col-
onies & Plantations in America &c a as relates to the
Duties upon Glass, Bed-Lead, White Lead, Painters
Colours Paper &c, & am &c
J Pownall.
Letter from Governor Franklin to the Earl of Hills-
borough relative to various matters of public
interest.
[From P. R, O. and West Indies, Vol. 175 (193).]
Burlington, New Jersey, April 28 1h 1770.
The Rt Hon ble the Earl of Hillsborough
My Lord,
I am honoured with your Lordship's Letters N? 21,
22, & 23.—
The Mandamus, appointing M- Stephen Skinner of
192 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
the Council in this Province, was inclosed in N? 22;
of which I have acquainted M r Skinner, and he will, I
suppose, be sworn and admitted at the next Meeting
of the Council.
Since my last Letter to your Lordship, 1 have been
under a Necessity of calling another Meeting of the
Assembly, on Account of some dangerous Riots which
happened in the Counties of Monmouth and Essex. I
need not trouble your Lordship here, with a Recital of
the Particulars of them, as you will see them fully set
forth in the Minutes of the Privy Council for February
last, and in my Speech and the Addresses of the Coun-
cil and Assembly contain'd in the Legislative Council
Minutes sent herewith. 1 have, however, the Satisfac-
tion to acquaint your Lordship, that by the timely and
spirited Measures which were taken, the Rioters are
entirely quell'd and humbled. Some of the principal
Ringleaders of them in the County of Essex have been
convicted and punished, and those in the County of
Monmouth will probably share the same Fate at the
next Court of Oyer and Terminer. The County Court
was held there last Week without the least Interrup-
tion from any of the pretended Sons of Liberty, who,
indeed, appeared very humble and dispirited. — I should
have sent your Lordship an Account of these Transac-
tions sooner, but that I did not leceive from the Sec-
retary the Copy of the Minutes till Yesterday, owing
I believe to a Hurry of Business at the Office.
The Votes of the former Session of Assembly arc
just printed, and, with some Acts passed at the last
session, are sent herewith. — The Act for providing a
more effectual Remedy against excessive Costs in I he
Recovery of Debts under Fifhi Pounds, it is expected
by the Council and Assembly will put a Stop to all
Pretence of Clamour against the Lawyer-; and Sheriffs
in this Province. 1 refused a Bill < !' a similar Nature
to this at a former Session, as it was not only judged
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 193
inadequate to the Purpose, but as it had a Tendency to
injure the Clerk of the Supreme Court, who holds his
Office by Patent under the Crown. However, as the
Bill was afterwards altered so as to obviate the chief
of my Ojections, and the Clerk declared himself satis-
fied, I gave it my Assent, tho' I have my Doubts
whether it will prove so satisfactory on Trial as is
expected. The other Acts are of a usual Nature, and
need not to be particularly mentioned. —
Your Lordship will see by the printed Votes, Pages
78 & 84, and by the Messages enclosed, that the As-
sembly are pressing me to give up the Appointment of
Coroners, 1 and to let them for the future be entirely
elected by the People, as in the Counties in England.
The Attorney General, M 1 ' Cortlandt Skinner, who is
likewise Speaker of the Assembly, gave me his Opin-
ion in Support of the Claim of the House, which is
inserted in the Minutes of Council sent you with my
Letter N° 21; and your Lordship will see my Objec-
tions in the Messages sent herewith. I expect to be
again press'd on this Subject at the next Session, and
should therefore be glad to be honoured with His Maj •
esty's Commands respecting it.
The Privy Council Minutes during the last Session
are Copying, but being very bulky will not be com-
pleted in Time to send by this Opportunity.
I have the Honor to be, My Lord,
Your Lordships most obedient &
most humble Servant
Wf Franklin
1 No change was made in the manner of choosing coroners until the adoption of
the Constitution of July 2, 1770. Section XIII of that instrument provided for the
annual election of one or more coroners in each county.
13
I'.U ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Governor Colden's Commission to John De Noyelles
and William Wickham as Surveyors of the boun-
dary line between Neiv York and New Jersey.
[From N. Y. CoJ. MSS., in Sec'y of State's Office, Albany, Vol. XCVL, pp. 86, 87.]
By the Honourable Cadwallader Colden Esquire
his Majesty's Lieutenant Governor and
Commander in Chief of the Province of
New York and the Territories depending
thereon in America
To all to whom these presents shall come
Greeting —
Whereas John De Noyelles and William Wickham
Esquires by their Humble Petition presented to and
read before me in Council on Wednesday the ninth day
of this Instant month of M ay did set forth that the
agents appointed by the Colony of New Jersey for
managing the Controversy respecting the Division
Line between that Colony and the Colony of New
York having signified their Willingness to settle the
Controversy in an Amicable maimer and thai (lie
General Assembly of the Colony of New York approv-
ing of such a Method did desire the agents appointed
on the part of New York lor managing the said Con-
troversy together with the Committee of Corres-
pondence and M 1 ' D Noyelles to consult with the agents
of the Colony of New Jersey on the most salutary
Measures to be pursued for the settlement of that
Lino: That several Conferences have been had and a
Plan for the final settlement of the said Line has been
1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 195
agreed upon ; which plan if agreed to by the Legisla-
tures of the respective Colonies is to be Laid before
his Majesty for his Eoyal approbation. That the bet-
ter to carry the said Plan into Execution it was es-
teemed absolutely necessary that several surveys
should be made and that James Parker John Stevens
and Walter Eutherford or any two of them on the
Part of New Jersey, and the said John De Noyelles and
William Wickham on the part of New York were ap-
pointed by the said Agreement to see the said Surveys
performed and further that the Petitioners had been
informed that some of the inhabitants in the County
of Orange intend to prevent the said Surveys being
made and therefore praying that such aid and assist-
ance might be given them in the premises as may be
just and reasonable. Know Ye therefore that by and
with the Advice and consent of his Majestys Council
for the said Province I have authorized and empow-
ered and by these presents do authorize and empower
them the said John De Noyelles and William Wick
ham in Conjunction with all or any two of them the
said James Parker John Stevenson and Walter Ruth-
erford on the part of New Jersey to cause such Sur-
veys to be made and performed as they shall Judge
necessary in order to carry into Execution the Plan
so as aforesaid agreed upon for the final Settlement of
the said Division Line between the Colony of New
York and the Colony of New Jersey; hereby strictly
requiring and commanding all Magistrates Justices of
the Peace Constables and other his Majestys Officers
of and in the said County of Orange to be Diligent in
Suppressing of all tumults on the Occasion, and by all
lawful ways and means to be aiding and assisting in
the Premises to the Persons so authorized to make
Such Surveys as aforesaid.
Given under my Hand and Seal at Arms at Fort
George in the City of New York the sixteenth day of
196 ADMINTSTKATION OF (40\ ERXOR FRANKLIN. [1770
May in the Tenth Year of His Majestys Reign and in
the year of our Lord one thousand seven hundred and
seventy.
Cadwallader Colden
By his Honours Command.
Geo Banyar, D Secry.
A true Copy of the Record Examd this 21 st May 1 77"
By me —
Geo. Banyar D Secry.
Order of Council disallowing an Act of the Neiv
Jersey Assembly for striking £100,1 in Bills of
Credit, and an Act regarding the common lauds
in the township of Bergen.
[From P. R. O., B. T., New Jersey, Vol. 10, L. 20. |
At the Court at St. James's the 6 th Day of
June, 1770.
Present.
The King's most Excellent Majesty in Council
Whereas by Commission under the Great Seal of
Great Britain the Governor Council and Assembly of
His Majesty's Province of New Jersey, are author-
ized and empowered to make Constitute and ordain
Laws Statutes and Ordinances for the Pnblick Peace
Welfare and Good Government or 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 Bis Majestys Royal Approbation or Disallowance;
And Whereas in pursuance of the said powers an act
was passed in ihe said province in I he Year L769 and
transmitted, Entituled as follows Viz!
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 197
An Act for Striking one hundred thousand pounds
in Bills of Credit 1
Which Act together with a Representation from the
Lords Commissioners for Trade and plantations there-
upon having been referred to- the Consideration of a
Committee of the Lords of His Majestys most Hon-
ourable privy Council, The said Lords of the Com-
mittee did this Day Report to His Majesty as their
opinion 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 de-
clare his Disallowance of the said Act, and pursuant
to His Majestys 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 province of New Jersey
for the time being and all others whom it may con-
cern are to take notice and govern themselves ac-
cordingly
Like Order with the aforegoing was issued for dis-
allowing An Act passed in the province of New Jersey
in the year 1769 Entituled
A Supplementary Act to an Act Intituled an Act
Appointing Commissioners for finally settling and de-
termining the several Rights Titles and Claims of the
Common Lands of the Township of Bergen, and for
making partition thereof in just and Equitable propor-
tions among those who shall be adjudged by the said
Commissioners to be intituled to the same.
1 Joseph Galloway wrote, June 21, 1770, to his friend Benjamin Franklin: " I am
greatly surprised at the conduct of the Administration, in relation to the New York
and New Jersey paper money bills. The reasons assigned for their rejection are
really ridiculous, and can be accounted for on no other ground, than that they are
determined the Americans shall not have any paper medium at all. * * *
A farmer pledges his land to the government, and takes paper. When he comes
to redeem his pledge, ought he not to return the paper, and ought not the govern-
ment to be obliged to receive it in discharge of the land ?"— Franklin's Works, VII.
482. This is a fair sample of the view taken of this measure in the Colonies
198 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Letter from Hie Earl of Hillsborough to Gov. Frank-
lin, Complimenting the Governor and Council of
New Jersey.
[From P. R. O. America and West Indies, Vol. 193. j
Whitehall, July 6 1 ! 1 , 1770.
Governor Franklin.
Sir,
I have received your Dispatches of the 2s th of April
last, and having laid your Letter and such of the
Papers as it refers to before the King, I have received
His Majesty's Commands to communicate' the Laws to
the Board of Trade, together with an Extract of that
part of your Letter, which contains an observation
upon the Act for providing a Eemedy against exces-
sive Costs
The Zeal & Activity of the Council and Civil Magis-
trates to suppress the dangerous Riots in the Counties
of Monmouth and Essex are highly commendable;
and it is to be hoped, from the account you give of
their effect, that you will have no more trouble on
that subject.
The King sees with satisfaction the prudent Answer
you gave to the Solicitation of the Assembly in re-
spect to the Appointment of Coroners; for though it
is very much to be wished that the I lolonies should in
all things conform as near as may be to the Usage
and Practice in the Mother Country, yet you was cer-
tainly well advised in refusing to assent to such an
Alteration in the Constitution of New Jersey without
His Majesty's Directions for that purpose.
I am &c?
Hillsborough.
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 199
Representation from the Lords of Trade to the King,
relative to An Act regulating the practice of the
law in New Jersey.
[From P. R. O., B. T., New Jersey, Vol. 17, p. 230.]
Whitehall, July 20 th , 1770
To the King's most Excellent Majesty.
May it please Your Majesty,
We have had under our consideration an Act passed
in Your Majesty's Province of New Jersey in June
1765, with a Clause suspending its execution until
Your Majesty's pleasure is Known intituled
"An Act for regulating the practice of the Law,
"and other purposes therein mentioned." '
We have also consulted M- Jackson, one of Your
Majesty's Counsel at Law, upon this Act, who has re-
ported to us, that it contains sundry innovations in
the Laws of the Province without sufficiently stating
the inconvenience the remedy of which is intended,
and in as much as above five Years have now passed
without any application in its support notwithstand-
ing the intimations given by the Governor that the
Assembly would instruct the provincial Agent to so-
licit it who if such reasons had subsisted would prob-
ably have been enabled to supply them he therefore
conceives this Act is not fit for Your Majesty's Ap-
probation.
For these Reasons we humbly beg leave to lay this
Act before your Majesty for Your Majesty's Royal
Disallowance,
Which is most humbly submitted.
Hillsborough, W m Fitzherbert,
Ed: Eliot, Greville,
Rob? Spencer.
1 In accordance with this recommendation the King in Council disallowed the
above act, December 9, 1770.— iV. J. Analytical Index, 417.
200 admixistuation of goveenoe franklin. [1770
Letter from Governor Franklin to the Earl of Hills-
bo rough, relative to the displeasure of the Assent-
blji at the disallowance of the Paper Money Act.
[From P. R. O. America and West Indies, Vol. r5(193).]
Perth Amboy, Sept. r 2'.»"' 1770.
Rt. Hon'ble the Earl of Hillsborough.
My Lord,
I am honoured with your Lordship's Dispatches of
June 12*! 1 and July (> th — The Koyal Disallowance of the
Paper Money and Secaucus Acts I have communicated
to the Council and Assembly who are now Sitting at
this Place. The Members of the Assembly I find are
greatly displeased at the former Act not being con-
firmed, as they thought they had obviated every Ob-
jection, and fully complied with His Majesty's Direc-
tions, contained in the Order of Council of the 26*? of
May 1769. — It was never imagined here that so exten-
sive a Construction would be put upon the Act of Par-
liament for restraining paper Currencies in America,
as that the Money should not even be a Tender to the
Loan Offices that issued it. If this had been known
here the Assembly would not have attempted to pass
an Act for Striking Paper Money; for it would have
been the Height of Absurdity to expect that any per-
sons would mortgage their Estates to the Loan Office for
Money which they could not afterwards oblige the
Office to receive again in Discharge of their Mortgages.
What, they say makes their Case the harder, is, that
the two Proprietary Governments of Pensylvania and
Maryland have had for some Years past, and at this
very Time, a considerable Sum of paper Money circu-
lating, which, tho' not a legal Tender in common Pay-
ments between Man and Man, is nevertheless a Tender
to the Treasuries from whence it issued; and that the
1770] ADMINISTRATION OF GOVERNOR FRANKLIN.
201
Acts passed in those Provinces for this purpose, tho'
transmitted regularly from time to time to His Maj-
esty, have never been disallowed.— But what gives me
particular Concern is, that I am not without Appre-
hensions that a Party among them will take Advan-
tage of the 111 humour, occasioned by their Disappoint-
ment in this respect, and prevail on the Assembly not
to grant any Money for the Support of the King's
Troops stationed in this Province; which would, in all
Probability, have been the Case last Year, if Expecta-
tions had not been given them of a Paper Currency to
enable them to do it in a Manner easy and agreeable
to the People. — As it is now only the Beginning of the
Session it is impossible to say what will be the Event,
but His Majesty may rely upon my doing all in my
Power to bring them to a better Temper and a proper
Sense of their Duty. 1
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
humble Servant
W M Franklin
P. S. — Enclosed is a Copy of my Speech, at the
Opening of the Session.
Letter from Gov. Franklin to the Earl of Hillsbor-
ough, announcing the Action of the Assembly rel-
ative to provision for the supply of the troops, the
appointment of Barrack Masters, etc.
[From P. R. O. America and West Indies, Vol. 175 (193).]
Burlington Nov- 5 th 1770
My Lord,
I did myself the Honour to write to your Lordship
on the 20 t . h of September last, informing you that I
1 Lord Hillsborough replied November 15, 1770, and stated that he had laid this
letter before the King.— A. J. Analytical Index, 417.
202 A 1 1 MINISTRATION OF GOVERNOR FRANKLIN. [1770
was then there holding a Session of General Assembly.
The Session lasted till the 27 tu of October, during
which nothing of much Importance happened, except
that the Assembly, in Resentment for the Royal Dis-
allowance of the Paper Money Act, and as instructed
by many of their Constituents, did actually come to a
Resolution after a considerable Debate, ' ' That no f ar-
' ' ther Provision should be made for the Supply of His
"Majesty's Troops Stationed in this Colony."
However, upon my talking the Affair over in pri-
vate with some of the leading Members, and repre-
senting the ill Consequences that would probably en-
sue to the Province from their Refusal, I at length
influenced them to resume the Consideration of the
Matter, and to grant a Sum sufficient for the Supply
of the Troops during the Winter. The Sum they
have granted is Five hundred Pounds Currency,
which, as Part of the Firing is already provided, I am
in hopes will be enough to furnish all the Necessaries
required by Act of Parliament till the latter End of
April next;' at which time they must be called again
to make a farther Provision. The Assembly have
now left the Appointment of the Barrack Masters en
tirely to the Governor, and have made the Money li-
able to be drawn out of the Treasury by Warrant from
the Governor and Council, — two Points which before
they never would accede to. The Province has. in-
deed, been greatly imposed upon, and defrauded, by
the Barrack Masters nominated by the Assembly:
But now that they have put a Confidence in Govern-
ment it shall be my Endeavour to convince them that
1 '['he act was passed October 27, 1770. It appointed the following i mi-sous "to
take care of the several Barracks and keep them in accessary Repair, to wit, Ed-
ward Thomas at Elizabeth-Town, Hendrick Fisher al N<u Brunswick Samuel Sar-
jental Pi braham Hunt at Trenton, and Daniel Ellis al Burlington."
'rii.' former Barrack-Masters were directed i<> deliverto persons t<> be named i>> the
Governor the articles bought for the troops, but not used. Allinson's Laws, 340.
And see N. J. Archives, IX., 576.
1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 203
it is properly placed, and for the real Advantage of
the Publick. A Copy of my Message to them on this
Head, and their Answer is enclosed. —
The Minutes of the Proceedings of the Council and
Assembly, and the Acts passed, are now Copying, and
shall be transmitted to your Lordship by the first Op-
portunity.
I have the Honor to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient, & most humble Servant
W* Franklin
A Message from the Gov r to the Assembly of
New Jersey about furnishing the Troops
with Necessaries — And the Assembly's An-
swer. Oct 1 " 1770 in Gove 1 * Franklins of the
5 th Novemb 1 '
A Message from the Governor to the Assembly
Gentlemen,
I am greatly surprized & concerned to find by your
Minutes that you have resolved "That no farther Pro-
vision be made for the Supply of His Majesty's
" Troops Stationed in this Colony." As by this Reso-
lution you refuse to comply with a Requisition made
to you by express Order from His Majesty, founded
on the highest Authority, there can be no Doubt but
that it will, if adhered to, be attended with very seri-
ous consequences to the good People you represent.
If therefore, it was not my Duty as Governor, I should
as a Friend, and one who has very sincerely the In-
terest of the Province at Heart, recommend it to you
to resume the consideration of this Matter, and grant
the Supply required. Should you, however, after all de-
termine to abide by your present Resolution, I must de-
sire that you will furnish me with your Reasons in as
204 ADMINISTRATION OF GOVERNOB FRANKLIN. [1770
plain, full and explicit a Manner as possible, to be
transmitted to His Majesty, that he may know from
your own Words, and not from my Representation,
the Motives of your extraordinary conduct.
W M Franklin
Oct 1 ' 25, LY70
The Assembly's Answer.
Ordered
Tli at M'. Berrien and & M r Price do wait on His Ex-
cellency, and, in Answer to His Excellency's Message
of Yesterday, inform him that the House, agreeable
to His Excellency's Request, have resumed the con-
sideration of Supplying His Majesty's Troops, Sta-
tioned in this Colony, with Necessaries, and agreed to
make some further Provision for that Purpose; altho'
they cannot but esteem it a Particular Hardship that
this Requisition should be renewed at a Time when
they are denied a Loan Office Bill, framed, as is ap-
prehended, on the most reasonable Principles, thereby
deprived of all Means of complying with the Royal
Requisition without introducing new Taxes on a Peo-
ple already grievously burthened by their Zeal for His
Majesty's Service during the late War, and since,
which has incurred a very heavy Debt on the Colony
and nearly exhausted the Treasury. That they have
already expended very large Sums that the Peace of
the -Colony might not be interrupted, and have been
induced to comply with His Excellency's Requisition
at this Time, in Hopes that they shall not be hereafter
called upon for further Aids, and to request His Ex-
cellency would be pleased to use his Influence that
this Colony may be eased of a Burthen so excessively
grievous.
By Order of the House
Ion a: Deare Oik
Oct' 26, i77o.
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 205
Proclamation by Governor Franklin, in relation to
an assault upon, John Hatton, Collector at Salon.
[From Pennsylvania Archives, IV., 381.]
By His Excellency William Franklin, Esq.,
Captain General, Governor and Command-
er in Chief in and over the Province of
New Jersey, and Territories thereon de-
depending in America, Chancellor and Vice
Admiral in the same, &c.
A Proclamation.
Whereas I have received Information from John
Hatton, Esq., Collector of His Majesty's Customs, for
the Port of Salem, &c, in the Province of New Jersey,
That on the Eighth Day of November Instant, a Boat's
Crew, consisting of Nine Persons, from on Board the
Ship Prince of Wales, Patrick Crawford, Master, then
riding at Anchor near Cape May, armed with Clans,
and other offensive Weapons, in an hostile manner,
boarded and re-took, from the said John Hatton, a
certain Pilot-boat, late the Property of Jedediah Mills
laden with Goods, known to have been clandestinely
discharged out of the said Ship Prince of Wales,
which said Pilot-boat and her Cargo the said John
Hatton had on the same Day seized and taken Posses-
sion of, by virtue of his said Office : And that after
said Boat's crew had boarded the said Pilot-boat, they
most cruelly beat, and dangerously wounded the said
John Hatton his Son, and a Mulatto Slave, and robbed
the said John Hatton of four Spanish Dollars, three
Guns, two Hangers, one rifle barrell'd Pistol, a Pair
£06 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
of Shoebuckles, and some other small Articles. One
of the said Nine Persons, who appeared to have Com-
mand of the said Boat's Crew, was called Smith, and
is a short, thick, well-set Man, supposed to be between
thirty and forty Years of Age, and has a fresh cut on
the right Side of his Head and Face, made with a Cut-
lass in the said Affray. Another of the said Persons
is named Hughes, and is now in His Majesty's Gaol at
Cape-May. The other seven Persons are supposed to
be Sailors, belonging to the said Ship Prince of Wales,
whose Names are unknown.
I have therefore thought fit to issue this Proclama-
tion, hereby requiring, and strictly charging and com-
manding all Officers, Civil and Military, and other his
Majesty's Liege Subjects within the said Province of
New Jersey, to use their utmost Endeavours to seize
and apprehend the said Offenders, or any of them, so
that they may be brought to Justice. And I do here-
by promise His Majesty's most gracious Pardon to
any one of the Persons concerned in the said Assault
and Robbery, (except the aforesaid Smith) who shall
inform against and prosecute to conviction any one or
more of his Accomplices. '
Given under my Hand and Seal at Arms, at the
City of Burlington, the Seventh Day of November, in
the Eleventh Year of His Majesty's Reign, Anno
Domini '1770.
William Franklin.
By His Excellency's Command,
Cha. Pettit, D. Secretary.
God Save The King.
Seealso under date of Dec. 6, 7, 35 and 30, 1770; Maj : . July 13 and Julj 19,
i. in this rolume
1770J ADMINISTRATION OF GOVERNOR FRANKLIN. 207
Two Warrants for the Apprehension of John Hatton,
Collector at Salem, and his slave Ned.
[From P. R. O. America and West Indies, Vol. 275. j
Warrant For John Hatton Esq
New Jersey ]
Cape May County ) ss '
George the third by the Grace of God of Great Brit-
C*~) ain France and Ireland Kins: Defender of the
< Seals > C3
LvJ Faith &c To our Sheriff of the County of Cape
May or the Constables of the said County or either of
them Greeting. Forasmuch as Jedediah Mills of the
said County of Cape May Pilot hath personally come
before Us James Whillden, Th°. s Learning, and John
Leonard Esq r . s three of his Maj 8 Justices assigned to
Keep the Peace within the said County of Cape May
& hath taken a Corporal Oath that he the said Jede-
diah Mills is afraid that John Hatton Esq'.' of the said
County of Cape May will beat wound maim or kill him
the said Jedediah Mills and hath therewithal prayed
surety for the Peace and Good Behaviour against him
the said John Hatton Esq!' therefore We command and
charge you jointly and severally or either of you that
immediately upon the Receipt hereof you bring the
said John* Hatton Esq r Forthwith before us the said
James Whilden Th 09 Learning & John Leonard Esq 1 - 8
or either of Us to find sufficient Surety and Mainprize
as well for his personal appearance at the next General
Quarter Sessions of Our Peace or Court of Oyer & Ter-
miner of General Goal Delivery or which ever of said
Courts should happen to be held first in & for our said
County as also for our Peace and Good Behaviour in
the mean time to be Kept toward us and all our Liege
208 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
People and chiefly towards the said Jedediah Mills that
is to say that he the said John Hatton Esq- shall not
do nor by any means procure or cause to be done any
of the said Evils to any of Our said People and espec-
ially to the said Jedediah Mills.
Given under Our Hands and Seals this 6 th day of
Dec r in the 11"' Year of the Keign of Our Sovereign
Lord George the third of Great Britain &c & in the
Year of Our Lord 1770
Signed
J Whillden
T. Learning [Leaming]
J. Leonard
Justices Warrant For Ned
New Jersey ( ^
Cape May County ( '
George the third by the Grace of God of Great Brit-
} Seals I
ain France and Ireland King Defender of the
'3 Faith &c To Our Sheriff of the County of Cape
May or the Constables of the said County or either of
them Greeting. Forasmuch as Jedediah Mills of the
said County of Cape May Pilot hath personally come
before us James Whilden, Thomas Learning, & John
Leonard Esq" three of His Maj 8 Justices assigned to
keep the Peace within the said County of Cape May
and hath taken a Corporal Oath that he the said Jed-
ediah Mills is afraid that a Mulatto Slave called Ned
by name belonging to John Hatton Esq 1 ' of the lower
Precinct in said County of Cape May will beat wound
maim or Kill him the said Jedediah Mills and hath
therewithal prayed surety for the Peace and good
Behaviour against him the said Mulatto called Ned
therefore we command and charge you jointly &
severally or either of you that immediately on the
Receipt hereof yon bring the said Mulatto called
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 209
Ned Forthwith before us the said James Whilden,
Tho 8 Learning & John Leonard Esq 1 ". 8 or either of Us
to find sufficient surety or Main Prize as well for his
personal appearance at the next General Quarter Ses-
sions of Our Peace or Court of Oyer & Terminer of
General Goal Delivery, or which ever of said Courts
should happen to be held first in and for oar said
County as also for our Peace and Good Behaviour in
the mean time to be Kept towards us & all our Liege
People and chiefly towards the said Jedediah Mills
that is to say that he the said Ned shall not do, nor by
any means procure or cause to be done any of the said
evils to any of Our said People and especially to the
said Jedediah Mills.
Given under Our Hands and Seals this th day of
Dec r in the 11 th Year of the Reign of Our Sovereign
Lord George the third of Great Britain &c and in the
Year of Our Lord 1770
S d
Ja s Whilden
Th° s Learning [Leaming]
John Leonard
Copy of a letter from John Hatton, Collector of Sa-
lem and Cohensy, to Gov. Franklin, dated Dec.
7th, 1770, complaining of the action of Mr. Jas.
Whilden, Thomas Leaming and John Leonard,
Justices at Cape May.
[From P. R. O. America and West Indies, Vol. 357 (275).]
I humbly beg leave to inform your Excellency that
I am again obliged to fly from and quit my Office, and
distressed family by reason that his Majestys laws and
my actions in executing them as a faithful servant are
14
210 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
misinterpreted by these Your Excely s Justices at Cape
May viz James Whilden, Thomas Learning, and John
Leonard Esq ts who I am informed could not get any
others to join them,
23 Nov 1 .' — I arrived at Cape May from Burlington.
My wounds being so bad prevented me getting there
sooner.
24 — I procured Joseph Corsen Esq r to go with me to
J Leonard, & T: Learning Esq s , when I gave them
your Excellency s Proclamation to which they paid no
regard, and during my stay with them, being about
two hours, they did not read it.
I likewise delivered the Letter M 1 Pettit wrote by
your Order on the IT 1 in regard to bailing my Negroe,
when they absolutely refused to admit him to Bail.
I then went to the Gaol from whence I found
Hughes had been let out in order to go where he chose
to procure himself bail, and without any guard he had
full liberty to go where he liked.
My Negro still close confined and very ill the Cutts
in his scull being very bad from whence had been
taken several pieces of bones
In the dead of the night I ventured home found my
wife as I had been informed, just expiring thro' fright
for me and her son, well knowing the danger we were
in; and few of my neighbors, tho' I have several good
ones durst venture to come to my house being threat-
ened with destruction by Hughes or his friends, not-
withstanding the distress of my family, 1 was obliged
to leave home tin- next night in order to get someone
to bail my man.
This nigh! was assaulted on the road by some man
who with a slick struck me several blows in my arm:
when a Blow with my Whip handle in his head,
stunned him, & I rode on.
28 On my giving Nicholas ytillwell Esq- £200 se-
curity he was so kind as to bail my Negro, being well
1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 211
acquainted with my ill usage, & the distress of my
family, a copy of the Bail peice now produced justly
expresses it.
29 — Got my Negroe from Prison
Dec-' 5 — Mills the Pilot who is advertised with your
Excellencys proclamation was this day going about
my neighborhood, armed with a Club and threatening
me with destruction.
6—1 met the said Mills on the Kings road who
threatened me with his Club but on my putting my
hand towards my pocket he went off. I immediately
went to James Whilden, in order to request him to
execute justice against the said Mills, as I had some
days before lodged a complaint before him, but I was
told he was not at home, tho' he had been seen a few
minutes before. About six hours after ou the same
day the said James Whilden, Thomas Learning, & J°
Leonard Esq" sent 5 men with their warrant now pro-
duced, who' seized my man as he was going home
with a loaded Team, he having been all the day with
two of my neighbours getting some of my summers
Crop which had been till then decaying on the ground.
A few minutes after I was arrested on the same ac-
count as the warrant testifyeth. When I first entered
the room Mills was sitting by the side of J° Leonard
Esq 1 ' with the same Club by his side he had in the
morning — during my conversation with them in
which I did not give any one of them an uncivil word,
the said Leonard expressed himself, in a very unbe-
coming manner.
I then desired the said Mills might be secured and
again repeated to them that he was the Pilot who on
8 l November threatened me with death if I came near
the Ship to execute my Office as his Maj s Coll 1 and
likewise that he was one of the men who took away
the Pilot boat after I had seized her, and further that
he was the man who laid hold of my son in the street
212 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
at Philadelphia till a mob of Sailors came up when he
and they most inhumanly treated him so that he was
taken from them for dead.
He acknowledged the threatning and obstructing
me when I was going to the ship, and likewise taking
away the Pilot boat I had seized, and said he would
do it again when there was occasion — his conduct was
not in the least disapproved by the Magistrates present.
The Magistrates did not regard my Charge against
him, but on my insisting on Mills, being someway se-
cured they consented to bind him over to their own
Court. An Uncle of Hughes, was ready for his Bonds-
man.
They then bound me, and insisted on £200 security,
but they refused any security I could give for my
Negro which I offered them nor would they allow him
to stay in the hands of the Constable till next morn-
ing; When I told them I would produce them any bail
they should require as my friends were at some dis-
tance, but they ordered him immediately to prison.
There were present Hughes and his brothers and
other relations who threatned destruction to any who
gave me any assistance; during the whole time they
could not produce any one to say that either I, or my
Slave, ever was heard to use the least threatning word
against the said Mills or any one else, since my first
coming amongst them, the reason they give for bind-
ing me and sending my Slave again to prison, is, that
Mills declared my son told him in Philadelphia, that
his fathers Negro should do for him, but did not pro-
duce any proofs.
Sinr<> my ill treatment on s Nov!' His Maj s Vessels
having been very vigilant has greatly obstructed their
simigling by water therefore 1 being so distressed by
these three Magistrates gives them full liberty to per-
form it on short 1 , for I am well assured. & have just
reason to believe that there hath been & still is several
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 213
thousand pounds worth of contraband Goods lodged
on this shore since the 8 th of November last, which
Goods they are now conveying by Land to Philadel-
phia, and have been so during a few days since in the
open day to go to my door with a loaded Waggon, and
men armed with Pistols in their hands challenging me
to appear if I durst, to seize them.
Mills and the Boat now appear in public and he bids
defiance to any.
These my assertions I can prove if the Witnesses
are impartially examined, therefore I hope your Ex-
cellency doth plainly perceive that it is for my Zealous
attachment to his Majesty that I am thus injured
abused, and interrupted by these three Magistrates —
My Instructions are, in any difficulties to apply to
Your Excellency for assistance and protection, there-
fore do most humbly pray from Your Excellency a
speedy redress as His Majesty's Revenue suffers en-
tirely by the Actions and Power of these three Magis-
trates at Cape May.
[signed]
John Hatton.
Letter from the Earl of Hillsborough to Governor
Franklin, transmitting tiro Orders of Council.
[From P. R. O. America and West Indies. Vol. 175 (193), No. 28. J
Whitehall Dec 1 -' 11 th 1770.
Gov? Franklin.
Sir,
Inclosed I send you two Orders of His Majesty in
Council on the 9 th instant; the one disallowing an Act
passed in New Jersey in June 1765, entitled, "An Act
for regulating the Practice of the Law and other Pur-
poses therein mentioned;" the other
214 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
Act passed in May 1768, entitled, "An Act for choos-
ing Representatives in the Counties of Morris, Cum-
berland and Sussex, & directing the Morris County
taxes to be paid into the Eastern Treasury of this Col-
ony; " and I am to signify to you His Majesty's Com-
mands, that you do cause these Orders to be published
in like manner as has been usual in such cases.
The inclosed Copies of the Representations of the
Board of Trade, which I transmit to you for your pri-
vate Information, will fully acquaint you with the
Grounds of His Majesty's Determination upon these
Acts; but I must not omit to observe to you, that
although the Lords of the Council thought fit, in con-
sequence of the Recommendation of the Board of
Trade, to advise His Majesty to confirm the Act for
electing Representatives for the Counties of Morris
and Cumberland, yet it did not escape their Lordship's
Notice that it did seem to be inconsistent with the
additional Instructions transmitted to all His Majesty's
Governors in 1 TOT, requiring them not to give their
Assent upon any Pretence whatsoever to any Law or
Laws by which the Number of the Assemblies should
be enlarged or diminished; and as their Lordships con-
sidered that a Strict Obedience to that Instruction is of
the greatest Importance, they thought fit to recommend
to His Majesty, that a Copy of it should be sent to you
upon this occasion, and His Majesty, approving of
what their Lordships recommend, has accordingly
11 sepf. ire?, directed me to send you the inclosed Copy
thereof, and to signify to you His Royal Will and
Pleasure, that for the future you should not, upon any
Pretence whatever, deviate from the Directions it
contains.
I am & ca
HlLLSBOROl (■!!.
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 215
Copy of a Letter from Mr. Hatton, Collector of Salem,
Etc., to the Commissioners of the Customs, dated
Perth Amboy, Dec. 25, 1770, complaining of the
ill treatment he had received.
[From P. R. O. America and West Indies, Vol. 257 (275).]
Perth Amboy, 25 th Decern 1 1770
Gentlemen
On my way to the Governor with the inclosed Re-
monstrance I received Yours of the 10*! 1 Inst, on the
Receipt of which I went to M 1 ' Skinner, Attorney Gen-
eral whose opinion I have now sent likewise the in-
closed Remonstrance will give Your Honors a just
Information of the further 111 treatment I have re-
ceiv'd M r Read Collector of Burlington hath bailed out
Hughes. M r Read's actions are, as formerly; which
is to distress me and the Service of the Revenue all
He can. He is one of the 3 chief Judges of this Pro-
vince & hath a Salary for it & is likewise one of the
Governor's Council.
I am credibly informed that a Set of Merchants at
Philadelphia have remitted a Quantity of money to
this Province in Order to gain any Point they want &
likewise make this Cape their Stanch Store, as they
say they cannot do without It for their contraband
Trade — for since the 8'! 1 of last November there have
been 5 other Vessels unloaded with Illicit Goods.
I have wrote three pressing letters to the Captain of
His Maj? Vessel in this River but no One hath yet ap-
peared to give me any Relief. I hired a Sloop on pur-
pose to go to them to get them to keep their Vessel or
Tender in Our Bay which would be the proper place,
whereby they would perceive, with my assistance on
Land, all the proceedings of the smuglers there; but
216 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770
they declined my Request saying they could not assist
me on Shore, and Winter coming on they must lay up
their Vessels, therefore I am obliged to keep concealed
by day, & when I travel it is all by night, & expect
no other than some Day to fall a Sacrifice to their
Wicked Malice & Inventions. I left my Wife at the
point of death thro' Fright for me & her Son. My
Son being still 111 & at the Tavern He was taken to
first, & will lose either his Arm or the use of it, which
cannot yet be determined & hath undergone a Severe
Illness myself going hundred of Miles to endeavor to
procure Justice & have almost expended my last
Farthing and am in the greatest distress for more,
who am
Gentlemen &c?
John Hatton
I am to call on the Governor on my way back for
an answer to my Remonstrance of the 7" 1 Ins*. He
having sent to the Attorney General for his advice &
the Result thereof I will inform You M r Skinner ad-
vises me to arrest the 3 Magistrates if I can get them
before the Governor for their actions & false Impris-
onment but I want Money, having now expended in
this Affair upwards of 30£ Be pleased to excuse the
Badness of this Letter as my Wounds in my Head &
right Arm are still so bad that I can hardly think or
hold my Pen.
Letter from Attorney -General Skinner to Mr. Hid ton,
giving his opinion on, the proceedings of the Mag
istrates at Cape May.
[From P. R. O. America and West Indies, Vol. 257 (2T). |
Dec. 25, i77<».
W Hatton
I have considered the Papers you have laid before
me, and those sent by M r Petit and am of opinion that
1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 217
as the transaction was on the high Seas the Admiralty
only hath Jurisdiction, & it is [to] those you ought to
apply.
Upon the Same principle the Magistrates at Cape
May had no authority to issue their Warrant, or bind
you over to Court the place where the Seizure & Res-
cue was made being without their Jurisdiction or that
of any Court but the Admiralty.
Cort 1 ? Skinner.
to John Hatton Esq^
Letter from Mr. Skinner, Attorney-General of East
Jersey, to Charles Petit, Esq., Secretary to Gov-
ernor Franklin, giving his opinion on the Conduct
of the Magistrates at Cape May.
[From P. R. O. America and West Indies, Vol. 257 (275).]
Dec. 25, 1770
Sir,
I received Yours by M r Hatton with the Papers in-
closed & have considered them as well as the Short-
ness of the time would permit, together with other
Information given me by M r Hatton.
I am of opinion that the place where the Seizure &
Rescue were made is clearly out of the County of Cape
May. That the Admiralty only has Jurisdiction and
that the Justices of Cape May were forward in taking
upon them any Enquiry; then issuing their Warrant
& taking Mv Hatton & his Slave after his Excellency's
Proclamation is an insolent Contempt of his Procla-
mation and will, with other parts of their Behaviour,
justify His Excellency in ordering their Attendance
before him in Council, or upon very clear Affidavits of
their Behaviour removing them from Office.
It was their Duty to Support M r Hatton the Collec-
218 ADMINISTRATION' OF GOVERNOR FRANKLIN. [1770
tor & not suffer a Man Mills so principally concerned
in the Matter to Sit with them when they illegally
demanded Security of the Collector, then countenanc-
ing the outrage of the Pilots as well as the running of
Goods are Sufficient to remove them. — Be pleased to
make my Compt? to the Governor & am &c:
Cortland Skinner.
To Cha s Petit Esq'' Gov? Secretary.
Letter from Mr. Hatton, Collector of Salem and Co-
hensey, to the Commissioners of the Customs, Bos-
ton, relative to his ill-treatment hij the Magistrates
at Cape May.
[From P. R. O. America and West Indies, Vol. 357 (875)].
Gentlemen
I wrote to your Honours from Perth Amboy on the
25 tb instant, and inclosed you the Attorney Generals
opinion of the Actions of the Magistrates and likewise
my last Remonstrance to Gov!" Franklin and also the
Copies of two Warrants which has been served on me
and my Negro. Two Days after I arrived at Burling-
ton & waited on the Governor & delivered a letter
from M r Skinner a Copy of which is inclosed, after
much persuasion His Excellency granted according to
M' Skinner's Opinion an Non Ultimo Prosequi for me
but as my Negro happened not to be mentioned in it,
the Governor refused me one for him, therefore both
he and me as one of his bonds men must appear at
their next Court in February, what the issue may be
1 can not pretend to say but no good. His Excellency
has likewise wrote to the three Magistrates to appear
before him and his Council sometime in the Spring
the particular time not yet fixed, but if we may judge
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 219
from former instances the result will be, — I write this
from opposite Philadelphia, the Tavern where my son
is whose wounds are partly healed but has lost entire-
ly the use of his Arm. I beg your Honours will con-
sider the distress I am in for want of Money as I have
now spent nearly forty pounds in travelling so many
hundred miles & in fees for advice & other expences
caused by this affair and I have still other Expences
to pay by reason my man must attend their Court,
therefore do most humbly beg your Honours will
either grant me my Incidents now due or advance
some of my salary or any other means you may think
proper, which must be speedily & can be done by an
Order on M r Swift. I have taken out a supreme Writt
for Mills the Pilot by the Attorney Generals advice as
there is no Court of Admiralty in this Province.—
I should be glad your Honours would interpose so
as to get the Magistrates punished according to their
deserts.
I am &c?
(signed) John Hatton
Coopers Ferry opposite Philadelphia 30*. h Dec r 1770
N B. The Letter referred to is not yet come to
hand.
Letter from the Earl of Hillsborough to Governor
Franklin, relative to providing for the King's
Troops.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Whitehall, January 2" d 1771.
Governor Franklin.
Sir,
I have received your letter of the 5 th of Nov r N° 21.
and have laid it before the King.
Nothing would have been more unbecoming than
220 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
the Assembly's refusal to provide for the King's
Troops, from Resentment for the Repeal of the Paper
Currency Act, a Measure to which (however erroneous
in its Principle) the King would not have withheld
His Royal Concurrence, if it could have been given
without violating the Law and the Constitution, and
therefore it gave me great Pleasure to find they had
receeded from so indecent a Resolution.
I am &c?
Hillsborough.
Let lev from Frederick Smyth to the Earl of Hillsbor-
ough, tendering his seat in the Council of New
Jersey.
[From P. R. O. America and West Indies, Vol. 17G (19-1,).]
New Jersey Jan': 10" 1771.
My Lord,
As there was a vacant seat in the Council of this
Province, at the time I was appointed Chief Justice;
at the request of Lord Halifax; without any kind of
sollicitation on my part, I was appointed a member of
the Council, and since my residence here, my attend-
ance has been most punctual. The better to accom-
modate the inhabitants, I have fixed myself in what
is called the capital Town of the province, which is
above fifty miles distant from the place the Governor
makes his residence at; so that every summons to
Council subjects me to some fatigue, and an expence
which I can no longer allow myself to be put to, in a
Country where my services are so poorly requited, tho'
it may be highly proper and necessary that the Chief
Justice of the province should have a seat at the Coun-
cil board, and it would be great pleasure to me, to
continue to give all the assistance in my power to the
Governor, and the Gentlemen of the Council, in the
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 221
dispatch of the business of that board, I hope however
my Lord circumstanced as I am at present, it will not
be thought any disrespect to his Majesty's service if I
request your Lordship to accept my resignation of my
seat in the Council of this Province.
I am truly sorry that I sir! have occasion to trouble
your Lordship so frequently with Letters, and Memo-
rials of Complaint; yet it is some satisfaction to me,
to know, that the grounds of those complaints, cannot
be imputed to my misconduct in the discharge of the
duty of my station in this Country, but solely to the
inadequate reward which I receive for my services in it.
I am my Lord with the utmost respect
Your Lordships most Obed- Hum 6 Ser*
Frederick Smyth.
Letter from Gov. Franklin to the Earl of Hillsbor-
ough, relative to the War with Spain, the Super-
intendence of Indian Affairs, and announcing the
death of John Ladd, a member of the Council.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Burlington, Jan ry 14*? 1771
To The Right Hon ble the Earl of Hillsborough,
&c. &c.
My Lord,
I was Yesterday honoured with the Duplicate of
your Lordship's Circular Letter of the 28 t . h of Septem-
ber, and another of Nov'" 15, relative to the Prospect
of a War with Spain. The Original of the first Letter
never came to hand; which I much wonder at, as I
observe, by the Contents, that Lord Dunmore might
have received the one directed to him before the 11 th of
222 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
December last, when he made his Speech to the As-
sembly of New York. Let the Event be what it may,
His Majesty may have the firmest Reliance on my At-
tention to the Security of the Colony under my Gov-
ernment, and that I shall use my utmost Endeavours,
in case Matters should proceed to Extremities, to pre-
vail on the Assembly to do what may be in their
Power towards putting the Province into a better
State of Defence. This, I doubt not, they will be the
more encouraged to do, from His Majesty's most gra-
cious Assurances, That the Security of His Possessions
in America will be a principal Object of his Care &
Attention.
I am likewise honoured with your Lordship's two
Dispatches of Nov r 15. The one respecting Indian Af-
fairs is the first I have ever receiv'd on the Subject,
either from His Majesty's Ministers or from the neigh-
bouring Governments; so that this Colony must stand
excused for not having complied with His Majesty's
Expectations in that Respect. I shall not fail how-
ever, to take the first Opportunity to represent this
Matter to the Council & Assembly, and urge their
Concurrence with the other Colonies in such Regula-
tions of the Indian Commerce as may be thought
requisite on their Part to answer the valuable End His
Majesty has in View. However I think it my Duty
to inform your Lordship, that though some such Reg-
ulations as are proposed would not only be highly ad-
vantageous to the commercial Interest of Great Brit-
ain and her Colonies, but contribute greatly to the Se-
curity of the latter from Indian Depredations, yet in
all Probability, the very Colonies which are largely
interested in the Commerce with the Indians, & whose
Frontiers are immediately exposed to their Incursions,
will never be able to agree among themselves on any
effectual Measure for this desirable Purpose. And as
New Jersey has no Inhabitants any ways concerned
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 223
in the Indian Trade, 1 her Frontier surrounded by the
Colonies of New York & Pennsylvania, and every In-
dian Claim on the Province settled to the Satisfaction
of the Indians, it is not at all improbable that the As-
sembly here may decline engaging in any Expence on
that Account. Every Colony, I am apprehensive, will
consider only its own immediate Interest, and grant
in Proportion to what they think that to be; a Circum-
stance in which hardly any two Colonies will concur
in Opinion. But this is not the only Instance, by
many, which evinces the absolute Necessity there is
(for the sake of the Colonists themselves) of a general
Superintending Power over all the British Dominions
in America.
I send your Lordship by this Opportunity Copies of
the Minutes & Proceedings of the Councill & Assem-
bly, and of all the Acts passed during the late Ses-
sions. There are only Three of the latter which con-
tain any Thing of a new or particular Nature, and
those have Clauses suspending their taking Effect till
they receive His Majesty's Approbation. Their Titles
are as follow, viz-
I s . 1 An Act for Establishing the Boundary or Parti-
tion Line between the Colonies of N. York & Nova
Csesarea or New Jersey, and for confirming the Titles
& Possessions of certain Lands adjacent to or near the
said Line. —
2' 1 A Supplementary Act to an Act, entitled, An
Act for the better enabling of Creditors to recover
their just Debts from Persons who abscond them-
selves.
3 C ! An Act to enable Persons who are His Majesty's
Liege Subjects, either by Birth or Naturalization to
inherit & hold real Estates, notwithstanding the Pur-
1 For this reason the dispatch is omitted here. It is published in N. Y. Col.
Docts., VIIL, 5J54.
224 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
chase, Grant, or Devise, were made before Naturaliz-
ation within this Colony.
The Hon 1 '. 16 John Ladd, Esq?' departed this Life on
the 20 th of Dec- last' which has occasioned a Vacancy
in His Majesty's Council for this Province. He resided
in the Western Division of this Colony, which Circum
stance I mention, as I find that it is generally under-
stood here that it was one of the Terms on which the
Government was surrendered to the Crown, that there
should always be an equal Number of Councillors as
well as Assembly -men in each Division. This Matter,
however, has not been so strictly attended to of late
Years as formerly, there being now only Three Coun-
cilors in West Jersey to Eight in East Jersey, which
is not only too great an Inequality, but as they mostly
reside from 50 to 80 Miles from the present Seat of
Government, which is in the Capital of the former Divi-
sion, it often occasions considerable Delay & Detriment
to His Majesty's Service & the publick Business. It
is, indeed, but seldom that I can collect a sufficient
Number of them to form a Council, on sudden Emer-
gencies; and those who reside at a Distance expect
that I will never require their Attendance (which is
always attended with Expence & Trouble to them)
but at the Time of a Sessions of General Assembly,
unless upon any extraordinary Occasions. On this
Account, I think it particularly necessary that the
1 John Ladd was a surveyor and man of prominence for many years in Salem
and Gloucester Counties.— Clement's First Settlers of Neictou Township, 142-3-5. In
1740 he interested himself in petting evidence against Robert Jenkins, of Salem,
arrested for having counterfeit money in his possession.- -Penn. Archives, I ,688. He
was elected a member of the Assembly from Gloucester in 1754.— 2V. J Hist. Proc,
May, L850, 31. While still a member of that body, he was recommended by Governor
Belcher in 1758 for a seat in the Council.— N. ./. Archives, IX.. L27. In 1762 he was
appointed one of the Surrogates for West Jersey. lb., 359. In 1768 Governor
Franklin recommended him tor appointment as Councillor, saying: "M r . Ladd is
a (lent 11 , of Fortune and unblemished Character, was formerly in the Assembly
where he was always on the Side of the Administration, ami is now one of the
principal Magistrates of (Jli nicest er County, which Office lie lias long executed with
Ability, and Credit to himself." //;., 887. Mr. Ladd was appointed August 31. 1703.
— 76., 394-5. -LW. N.|
1771] ADMINISTRATION" OF GOVERNOR FRANKLIN. 225
Vacancy occasioned by M' - Ladd's Death, should be
supplied by some Gentleman residing in the Western
Division; and I therefore take the Liberty to nominate
& recommend (for His Majesty's Choice) two Gentle-
men, who are in every respect the best qualified to
serve His Majesty in that Capacity of any I am at Lib-
erty to mention. One is Daniel Coxe 1 Esq 1 , of Tren-
1 On April 26, 1771, the Lords of Trade recommended Mr. Coxe for the vacancy in
the Council, and on May 4 the King in Council approved of the appointment.— N".
J. Analytical Index, 420. Daniel Coxe was the fourth of that name identified with
the history of New Jersey. Some notices of the family may not be inappropriate
here. The first Daniel Coxe of whom we have record was of Stoke Newington,
England, and died in 1686.— Penn. Hist. Mag., VEL, 317.
He left a son, the second Daniel Coxe, born 1640 or 1641, died January 19, 1730, in
his ninetieth year. The latter was one of the most eminent physicians of his day,
a prolific writer on chemistry and medicine, and was physician to Charles II., and
afterwards to Queen Anne. Although he never came to America, he acquired
large possessions in West Jersey, and was at least nominally Governor of that Pro-
vince, 1687-1691. He also acquired title to a tract imperial in its dimensions, lying
between latitude 31 degrees and latitude 33 degrees, and extending from the At-
lantic to the Pacific, which he spent a fortune in exploring, his vessels being the
first to ascend the Mississippi from its mouth. This was called Carolana. He was
a staunch Church of England man, interesting himself in establishing that church
in West Jersey, near Cape May.— lb., V., 114; VII., 317-26.
The third Daniel Coxe was the Doctor's eldest son, and was baptized in London,
August 31, 1673.— 76., VII., 326. Although he joined with other proprietors in rec-
ommending Andrew Hamilton for Governor (N. J. Archives, II., 376, 410), he seems
to have been a favorite of Lord Cornbury, whom he probably accompanied to
America in 1702, and by whom he was appointed Commander of the forces in West
Jersey.— N. J. Archives, IH., 35, 42, 44. He was thereafter known as "Colonel "
Coxe. He doubtless returned to England after a very short stay here for in 1704
he was in London, waging a vigorous defense against the attacks of some of the
New Jersey Proprietaries.— lb., 35. He had been recommended in 1702 by the Earl
of Nottingham and by the Earl of Clarendon for a seat in the new Governor's Coun.
cil of New Jersey.— N. J. Archives, II , 486, 502. In 1705 he was again recommended
by Lord Cornbury, and notwithstanding the hostility of the Quakers he was ap-
pointed in 1706, and soon after sailed for America, when Lord Cornbury appointed
him one of the associate Judges of the Supreme Court of the Province.— N. J. Ar-
chives, III., 78, 84, 125, 132; Vroom's Supreme Court Rules, 47. In the year follow-
ing (1707k' notwithstanding his hostility to Quakers in general, he made an excep-
tion in favor of Sarah, the presumably pretty daughter of John Eckley, a Quaker,
of Philadelphia, with whom he eloped, being married to her by Lord Cornbury 's
chaplain, who most opportunely happened to be on hand, " between two and three
o'clock in the morning, on the Jersey side, under a tree by fire light." The gallant
bridegroom was then a "fine flaunting gentleman."— Watson" 1 * Annals, I., 50.
On the arrival of Lord Lovelace, in 1708, as Covernor of New Jersey, Colonel Coxe
was again named as one of the Council.— A. J. Archives, III., 315. He did not get
alon? so well with Governor Hunter, at whose request he was removed from the
Council in 1713.— lb., IV., 149, 182. He was electe.l to the Assembly in 1714. by the
" Swedish vote " (N. Y. Col, Docs , V.. 399, 404), and again in February, 1716, from
the county of Gloucester and from the town of Salem, both, although Sheriff Wil-
15
226 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
ton (about ten Miles from hence) and the other, John
Lawrence, Esq'., who lives in this Town. The first
was lately in England, and had I hear the Honour of
being personally known to your Lordship. The latter
was lately a Member of Assembly, has a good Estate,
& is a Lawyer by Profession. Both of them are Mem-
liam Harrison, of Gloucester, was accused of having resorted to sharp practice to
secure his defeat, by removing the polls several miles from the usual place. Colonel
Coxe declared to serve for Gloucester, instead of Salem, and heing chosen Speaker,
April 4, complained of Sheriff Harrison on the 26th, and had the satisfaction of
puhlicly reprimanding him, hy order of the House. His triumph was short-lived,
for Governor Hunter immediately prorogued the Assembly until May 7. The Gov-
ernor's opponents in the House appear to have purposely stayed away, in the hope
of preventing a quorum, but by May 21 the Governor's friends got thirteen mem-
bers together, and having a quorum they elected John Kinsey Speaker, in the ab-
sence of Colonel Coxe, and then coolly proceeded to expel the Colonel and the
other anti-Administration members for non-attendance, declaring them, moreover,
ineligible to re-election, and when some of them were notwithstanding again re-
turned, they were again expelled.— MS. Minutes of Assembly in State Library^
Trenton. Colonel Coxe sailed the ensuing July for England, where he agitated
vigorously during 1717 and 1718 for the removal of Governor Hunter, and appears
to have had some idea of securing the succession for himself —N. Y. Col. Docs., V.,
182; VI.. 52; N. J. Archives, IV., 267, 299. While thus retired from official life the
Colonel directed his attention to literature, publishing in 1722 a description of
' ' ( 'arolana," which was republished in 1727 and 1741.— Stevens's Historical Nuggets,
I., 199, 200. In 1725 he ran for the Assembly in Burlington, where the Sheriff
adopted in his behalf the device of Sheriff Harrison some years before in Glouces-
ter.— N. Y. Col. Docs., V., 767. In 1730 he received a commission as Provincial
Grand Master for New York. New Jersey and Pennsylvania, he being the first on
the Continent to be thus honored.— Hough's Historical Sketch of Free Masonry in
New Jersey, prefixed to Grand Lodge Proceedings, 1787-1857, VII. In 1734 he was
again appointed, by Governor Cosby, to be third Judge of the Supreme Court,
which office he held thereaftei until his death.— Vroom's Sup. Ct. Rules, 47; Lewis
Morris Papers, 48. Most of his life in America had been spent at Burlington, but
during his later years he lived at Trenton, where he died April 85, 1739, and was
buried at St. Mary's Church, Burlington.— Hills'' 8 Hist, of the Church in Burling-
ton, 255; Dr. Hall's First Pres. ('lunch. Trenton, 236.
The fourth Daniel Coxe was the Colonel's eldest son He appears to have led
an uneventful life, but few notices of him appearing among contemporary records.
In 1746 he was named as one of the Burgesses in the firsl charter of the borough
and town of Trenton.— Boole AAA of Commissions, in Secretary of State's Office,
Trenton, fol. 266. During the rioting in 1747 he was naturally identified with the
Proprietary party.— N. Y. Col. Docs., VI., 315. His will, dated January 85, 1750,
names his wife, Abigail, daughter, Grace Coxe. and son, Daniel Coxe, the latter
being evidently a minor at this time. The will was proven January 21, 1758.— Liber
No. 8 of Wills, in Secretary of State's Office, Trenton, fol. 536.
His son, the fifth Daniel Coze, was probably born about Kin. He studied law,
and was licensed as an Attorney and Counsellor March 20. 1761, and as a Sergeant
November 15, 1772. Vroom's Sup. Ct. Rules, 59, 54, In the fall of 1767 he sailed
with his wife and bis brother-in-law, John Tabor Kempe, kttornej i leneral of New
York (who had married Grace Coxe), for England, where they managed to prel
their Carolana claims adjusted by accepting instead extensive grants of land in
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 227
bers of the Church of England. I have the Honour
to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient humble Servant
W? Franklin
Governor Franklin to Major William Trent.
[From the original, among the Manuscripts of Wm. Nelson.]
Burlington, Jan. y 14, 1771.
Dear Sir,
I Yesterday receiv'd your Letter of the 31 s ' of
October, & immediately sent for Mr. Allinson, one of
the Burl" Company of whom you borrow'd the 15,00£
on a Mortgage on Part of your Estate in Pensylvania.
Western New York.— Duer's Life of Lord Stirling, 89; Cat. N. Y. Land Papers, 467
et seqq. The minutes of the Council show that after his appointment in 1771 he
was regular and faithful in his attendance until the close of that body's existence
in 1775. He was a zealous Tory, and even the burning of his handsome residence
at Trenton by the British, during their pursuit of Washington in December, 1776
(5 American Archives, II., 1376), did not impair his attachment to the Royal cause,
for in 1777 he went to New York, where he remained till the close of the War, serv-
ing as IChairman of an Association of Refugees. Christopher Sower maliciously
says he " was appointed to the chair to deprive him of the opportunity of speaking,
as he has the gift of saying little with many words."— Sabine's Loyalists, I., 339.
In June, 1779, he wrote to Joseph Galloway that he was confident the end of the
Rebellion would come that Summer.— Hist. Mag , June, 1863, 181. He married June
5, 1771, Sarah, daughter of Dr. John Redman, of Philadelphia.— Records Christ
Church, 2 Penn. Archives, II., 68. Dr. Redman was a surgeon in the American
Army during the Revolution, and appears to have kept his daughter and her chil-
dren with him much if not most of the time during the War. She was evidently in
Philadelphia ivhen Coxe wrote to Galloway in 1779. In 1780 she was again with her
father.— Penn. Col. Records, XII.. 390. In December of that year Coxe was Secretary
to the British Commissioners appointed to receive and pardon repentant rebels, an
office which proved a sinecure. — Moore's Diary of the Revolution. II., 378. At the
close of the war he went to England, whither his wife and children followed him,
probably in 1783, as in that year she and her father and her children were given pass-
ports from Philadelphia to New York.— Penn. Col. Records, XIH., 551. She returned
in 1806. to comfort her aged father and dying mother.— Sabine's Loyalists, I., 310.
Her husband died in England prior to 1828, for in that year she brought suits in New
Jersey for her dower rights'in his property which had been confiscated, and recov-
ered judgment therefor.— N. J. Law Reports— 4 Halsted, 378; 5 Halsted, 328; 6 Hal-
sted, 395. She died at Brighton, England, in 1843, aged ninety-one.— Sabine, L, 340.
[W.N.I
228 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Upon my acquainting him with your Apprehensions
of their proceeding to sell the Lands, and of the great
Disadvantage it would be to you to have so valuable
an Estate put up to Bale in your Absence, he has as-
sured me that tho' several of them would be very glad
to have their Money, having immediate Use for it, yet
it was never their Intention to sell your Property until
they had given you sufficient Notice. And he has
promised me, in Behalf of the Company, to wait to
the Time you request, and that they will do nothing
unfair or unkindly by you in any respect. From my
Knowledge of the Men, I am sure you may rely on
this Declaration, & make yourself entirely easy.
I have at present, Company in the House, & am a
good deal hurried, but I have anatch'd as much time
as to give you this Information least the next Post
should be too late for the Packet.
I shall as you desire acquaint M r Wharton's Family
with his being well, & the Reason of his not writing.
It would give me great Pleasure to hear that you had
succeeded in your Negotiations, & to see you both
again in America. You cannot imagine what an in-
finite deal of Difficulty & Trouble I have had in the
Management of that cursed Business of the Otago
Tract, which turns out after all, an Object scarce
worth Attention. But that is not the only Reason I
have to repent my going to the Treaty at F. Stanwix.
However, I have it not in my Power to tell you any
more, at Present than that I am, very sincerely
Your Friend & hum. Servant
W? Franklin.
[Addressed: To Major William Trent. To be left at
the Pensylvania Coffee House, London via N. York
Pr Packet. I
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 220
Letter from John Pownall to John Robinson, relative
to a bounty upon Slaves from America.
| From P. R. O. B. T. Plantations General, Vol. 43, p. 376.]
Whitehall March 1, 1771 .
To John Robinson Esq 1 *
Sir,
The Report of the Commissioners of His Majesty's
Customs containing objections to the granting a Bounty
upon Slaves from America, which Report was inclosed
in your Letter to me of the 16 th day of last month,
having been communicated to the North American
Merchants, who had applied for the said Bounty, they
have in Consequence thereof presented a Memorial to
the Lords Commissioners for Trade and Plantations
containing their Answers to the Objections stated by
the Commissioners of the Customs; and I am directed
by their Lordships to transmit to you the inclosed
Copy of the said Memorial, and to desire you will be
pleased to communicate it to the Lords Commiss 1 ' 8 of
the Treasury; and to acquaint their Lordships, that
the Lords Commissioners for Trade and Plantations
are of opinion that the Answers of the Merchants to
the Objections made by the Commissioners of the
Customs are full and satisfactory.
I am, with great respect, Sir,
Your most obedient humble Servant
John Pownall.
230 ADMINISTRATION OF GOVEENOE FBANKLIN. [1771
Letter from Governor Franklin to the Earl of Hills-
borough, relative to ordering recruiting parties,
and to making provision for the King's troops ;
also announcing the death of John Smith, a mem-
ber of the Councih
[From P. R. O. America and West Indies, Vol. 176 (194).]
Burlington, March 27, 1771.
Right Hon ble the Earl of Hillsborough
My Lord,
As soon as I was honoured with your Lordship's
Circular Letter of the 11*" of December, I summoned
a Meeting of the Council, and by their Advice issued
a Proclamation (a Copy of which is enclosed) requiring
all Magistrates and other Civil Officers, and all other
His Majesty's Liege Subjects in this Province, to be
aiding and assisting to such Officers and Recruiting
Parties as shall be ordered into New Jersey. His Maj-
esty may have the firmest Reliance, that I shall exert
my utmost Endeavours, in every Matter which may
bo in my Power, to give Efficacy & Dispatch to the
Plan which has been formed for the Augmentation of
his Forces.
I have called a Meeting of the Assembly, to be held
here on the 1 7 th of next Month, to make Provision for
the Troops stationed in this Colony, when I shall recom-
mend it to them to give Encouragement to His Maj-
esty's Subjects of this Province to enlist in the Battal-
lions now serving in America, and to do whatever else
may be necessary or proper for them to do for the fur-
17?1] ADMINISTRATION OF GOVERNOR FRANKLIN. 231
ther Security of this Part of His Majesty's Dominions.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient, & most humble Servant
W M Franklin.
P. S. I have just receiv'd your Lordship's Letter of
Jan'. y 3 d 1771, N° 29.
The Hon b . ,e John Smith died here Yesterday. 1 This
1 John Smith was the second sou of the Hon. Richard Smith, of Green Hill, Bur-
lington, and was a brother of Samuel Smith, the historian, and of William Lovett
Smith and Richard Smith. He was born "1st mo. 20th 1722"— March 20, 1722. In 1711 ,
he sailed in one of bis father's ships to the West Indies, returning the next year,
and in 1743 engaged in the West India trade, in Philadephia, where he resided for
the next twelve or fifteen years, carrying on a flourishing business, and enjoying
the company of a delightful society. He occupied a handsome house on Second
street, and in 1746 bought a fine country estate at Point-no-point, on the Delaware,
above the town. At these houses he entertained handsomely a wide circle of
friends and acquaintances, including the leading men and women of his day. He
and some of his young Quaker friends organized a sort of a club, devoted to social
converse and mutual improvement, and the cares of business, and even the occa-
sional loss of a ship, captured by Spanish cruisers, did not interrupt his quiet pleas-
ures, nor divert his attention from the best authors of the day, Fielding's '"Joseph
Andrews." and Thomas Story's " Journal " being read with apparently equal inter-
est, as they came from over the water. In 1747 he wrote for gratuitous distribution
a pamphlet, " The Doctrines of Christianity, as held by the people called Quakers,
vindicated, in answer to G. Tennent's Sermon on the Lawfulness of War." Withal,
he found time to promote the organization of the Philadelphia Contributionship, one
of the first fire insurance companies in the country, and helped found the Pennsyl-
vania hospital (1751). He was also prominent in Friends' councils, being chosen a rep-
resentative to the Quarterly and Yearly Meeting, and held some minor offices not
inconsistent with his professions. In 1750, and again in 1751, he was elected a mem-
ber of the Pennsylvania Assembly. Meantime (1740-7), he had become smitten with
the charms of a fair young Friend, Hannah, daughter of ex-Chief-Justice James
Logan and Sarah Read (daughter of the Hon. Charles Read, of Pennsylvania). She
was thus described, 1744, by an impressionable young gentleman from Virginia : "She
was tall and slender, but Exactly well Shap'd; her Eyes Exp ress'd a very great Soft-
ness, denoting a Compos'd Temper and Serenity of Mind , Her Manner was Grave and
Reserv'd, and, to be Short, She had a sort of Majesty in her Person, and Agreeable-
ness in her Behaviour, which at once Surprized and Charmed the Beholder." After
this glowing description of the fair Hannah's charms, Mr. Smith's predilection is not
to be wondered at. She was a delicate creature, and having accepted his invitation
to accompany him and his sister to Evesham Meeting, he with a lover's solicitude
for her comfort, borrowed Governor Belcher's four-wheeled chaise, said to be the
only vehicle of the kind in New Jersey— to carry the party. He returned the com-
pliment in October, 1748, when he brought over by one of his own ships the Gover-
nor's intended bride, and on her arrival at Philadelphia procured a four-oared
barge and transported her up the river to Burlington. James Logan favored his
daughter's suitor, and told him the girl owned 500 acres of land, that he would give
her husband £750, that she should have £2,000 on her father's death, and £1,000
more on the death of her mother. Having duly " passed meeting," they were mar-
232 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
makes two Vacancies in His Majesty's Council for
West- Jersey, which I hope will be supplied by the
appointment of the two Gentlemen I recommended
to your Lordships in my Letter N. 25, Daniel Cox Esq r
and John Lawrence Esq r who reside in the Western
Division.
ried " 10th mo. 7th, 1748 "—December 7, 1748, and after spending a day or two at
her father's place, Stenton, he took her to his own home in his chaise. She bore
him several children, but six weeks after the birth of her last she died— December 18,
1761. He appears to have taken up a residence in Burlington some years before this,
occupying the house built by his father in 1720.— The Smiths of Burlington, passim.
In 1757 he was a subscriber to ; 'The New Jersey Association for Helping the Indians.'"
*~N. J. Hist. Soc. Proc, January, 1875. He was appointed, December 12, 1758, a
member of the Council, on recommendation of Governor Belcher.— N. J. Archives,
IX.. 187, 151, 153. In" June, 1701, he was named one of the Commissioners to Try
Pirates. — lb., 284. On the death of his wife he retired altogether from business,
and spent the rest of his days at Burlington, occupying himself in quiet works of
benevolence, and in the faithful discharge of his public and private duties. It is
related that Governor Franklin, having put up for sale his country place at Bur-
lington, with its herd of an hundred deer, the bellman going about the streets of
Burlington very early in the morning, disturbed Mr. Smith, whose health had
become impaired, so that sleep was a rare pleasure to him. Putting his head out
the window he asked what was for sale ? " The Governor's Park," was the reply.
"Put up your bell and go home, and I will buy tbe property at the owner's price,"
exclained the Councillor, as he closed his window and tried to resume his disturbed
slumbers. Such is the story of his purchase of this fine estate.— The Smiths of
Burlington. Mr. Smith died, as above stated, March 26, 1771, in his forty -ninth
year. Proud says of him: "He was engaging, open, friendly and undesigning, in
his address and behaviour; of a chearful and benevolent disposition of mind; well
skilled in the laws of his country: and very ready, generous and serviceable, in giv-
ing his advice and assistance. In his religious character, he exhibited an excellent
example of true practical Christianity, free from all affectation and narrowness of
mind. He was, in several relations, one of the best of neighbours and of men."
Hist. Penn., IL, 233. Samuel Smith sums up a characterization of him thus elo-
quently and feelingly: " He was, in every conjugal relation, affectionately tender;
a fond father, an indulgent master; he was more. But I must stop— he was— my
br -ther, my most intimate friend and companion ! I lost all that could be lost in
those relations."— The Smiths of Burlington, 165.- | W. N.J
17711 ADMINISTRATION OF GOVERNOR FRANKLIN. 233
Letter from Governor Franklin to Lieutenant Arthur
Wadman, promising him assistance in recruiting
men in New Jersey.
[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. II, No. 8.]
Burlington Mar. 30, 1771
Lieut. Wadman
Sir.
I am favoured with your Letter of the h 2V l Instant?
acquainting me with your being sent by the General
with a Recruiting Party into this Province, and your
having made Brunswick your Head Quarters. You
may be assured that I shall with Pleasure afford you
all the Assistance in this Service which may be in my
Power. I have already issued a Proclamation requir-
ing all Magistrates and other Civil officers to be aiding
& assisting to such Officers & Recruiting Parties as
shall be ordered into New Jersey
I am with great Regard Sir,
your Most obed 1 Servant
W7 Franklin
Report of Richard Jackson, Esq., on eight Acts
passed in the Province of New Jersey in March,
1770.
[From P. R. O. B. T. New Jersey, Vol. 10, L. 10.]
To the Eight Honourable the Lords Commis-
sioners for Trade and Plantations
May it please your Lordships
In humble obedience to your Lordships Commands
Signified to me by M'' Pownall, I have perused and
234 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
considered Seven Acts passed by the Governor Coun-
cil and Assembly of New Jersey in March 1770 In-
titled.
"An Act to provide a more effectual Remedy against
"excessive Costs in the recovery of Debts under fifty
"pounds in this Colony and for other purposes there-
" in mentioned"
"An Act for Defraying Incidental Charges."
"An Act to revive and amend, an Act intitled, 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."
"An Act for preventing dangerous Tumults and
" Riotous Assemblies, and for the more speedy and
" effectual Punishing the Rioters."
"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 Mon-
" mouth."
"An Act to enable the Owners and Possessors of
"certain Meadows and Marshes bounding on Dela-
" ware River and Salem Creek in Lower Penns Neck
* ' in the County of Salem to stop out the Tide from
" overflowing the same."
"An Act to revive an Act intitled, An Act to pre-
" vent waste from being committed upon the Com-
" mon Land allotted to the Patent of Secaucus in the
' ' Corporation of- Bergen. "
And I am humbly of Opinion, that the same are
proper in point of Law.
I have also perused and considered An Act passed
in the same Year 177<> Intitled, "An Act to explain
"and amend an Act of the General Assembly passed
"in the Tenth Year of his Majesty's Reign, intitled
"An Act for the Relief of Insolvent Debtors, and for
"other purposes therein mentioned."
1771] ADMINISTRATION OF GOVERNOR FRANKLIN.
^}5
And I am of opinion, that the frequent and occa-
sional Interposition of the Legislature in the Cases of
Individuals for the purpose of stopping or diverting
the usual Course of Legal Proceedings cannot but be
attended with Danger of great Injustice, and therefore
that it is to be wished General Acts of Insolvency may
be penned with such care and attention, as at the
same time to include every proper case, and likewise
to provide for the most equal Justice among the Cred-
itors both present in the Colony, and absent, so as to
make further private Acts of this sort unnecessary;
which however well intended, and I dare say for the
most part founded on the true Interest of the Credi-
tors, yet should be avoided excepting in very urgent
Cases, and should then be supported by a Preamble
specially stating at large all the circumstances, particu-
larly the consent express or implied of the Creditors.
In the several Cases provided for by this Act there
are no particular Directions for the security of the
Creditors, not even a reference to the General Insol-
vent Acts before passed, and if there was no other ob-
jection to the Law but what arises from the total Dis-
charge of William Hewlings by the last Clause, I
think that fatal because the precedent is so dangerous,
inasmuch as it is not even alleged to be for the benefit
of the Creditors. But the Clause staying all proceed-
ings against William Gerrard for five years, and
which is n[ot] alleged to be for the benefit of all his
Creditors, though said to be at the desire of the prin-
cipal ones, probably well intended appears to me to be
likewise too dangerous a precedent to be trusted with
your Lordships Countenance. I therefore humbly
beg leave to advise your Lordships to report the Act
fit to be dis-allowed.
All of which is humbly submitted by
My Lords Your Lordships most obedient
most humble Servant
April 9 th 1771 R Jackson
236 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Letter from Benjamin Franklin to Gov. Franklin —
The Ohio Affair — The Assembly's Insolvent Laws.
LFrom Works of Benjamin Franklin, Vol. VII., 516-7.]
London, l'o April, 1771.
Dear Son,
•:<■ ~- ->:- rpj^g Ohio affair seems now near a conclu-
sion, and, if the present ministry stand a little longer,
I think it will be completed to our satisfaction. Mr.
Wharton has been indefatigable, and I think scarce
anyone I know besides would have been equal to the
task, so difficult it is to get business forward here, in
which some party purpose is not to be served, but he
is always among them, and leaves no stone unturned.
I have attended several times this winter upon your
' acts of Assembly. The Board [of Trade] are not fa-
vorably disposed toward your insolvent acts, pretend-
ing to doubt whether distant creditors, particularly
such as reside in England, may not sometimes be in-
jured by them. I have had a good deal of conversa-
tion with Mr. Jackson about them, who remarks, that,
whatever the care the Assembly may, according to
my representation of their practice, take in examining
into the cases to prevent injustice, yet upon the face
of the acts nothing of that care appears. The pre-
ambles only say, that such and such persons have pe-
titioned and set forth the hardship of their imprison-
ment, but not a word of the Assembly's having in-
quired into the allegations contained in such petitions
and found them true; not a word of the general con-
sent of the principal creditors, or of any public notice
given of the intention to apply for such an act; all
winch, he thinks, should appear in the preambles, and
then those acts would be subject to less objection and
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 237
difficulty ill getting them through the offices here. I
would have you communicate this to the Speaker of
the Assembly, with my best respects. I doubt some
of those Acts will be repealed. Nothing has been
done, or is now likely to be done, by the Parliament,
in American Affairs. * * *
B. Franklin.
Letter from Governor Franklin to the Earl of Hills-
borough, announcing the refusal of the Assembly
to provide for the King's troops, and transmitting
Copies of his Speech and Messages on the Subject.
[From P. R. O., America and West Indies, No. 194.]
Burlington April 30*? 1771.
To the Rt. Hon ble the Earl of Hillsborough.
My Lord
I had the Honour to acquaint your Lordship in my
Letter of the 27 th of March, that I had called a Meet-
ing of the Assembly here on the 17*? Instant, in order
to make Provision for supplying the Troops with the
Necessaries required by Act of Parliament — In my
Speech at the Opening of the Session I recommended
this Matter to them in the strongest Manner, but they
absolutely refused granting any Money for the Pur-
pose, alledging the inability of the Colony in Excuse.
As I had at the former Session, been so happy as to
prevail on them to recede from a Eesolution of the like
Nature, I was not without Hopes that I might be able
to do the same again. Accordingly I undertook, in a
Message, to prove to them, from a State of Facts, that
the Colony was very able to defray the Expence re-
quired, and that there was even a Sum more than suf-
ficient for it in the Treasury unappropriated. They
returned an angry and somewhat abusive Answer,
238 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
denying the Facts to be as I had stated them. To this
I made a full reply, calculated to obviate any Misrepre-
sentations which might be made to their Constituents,
who, I had Reason to know, had been before so greatly
misled by the wrong Accounts they had receiv'd of the
State of the Treasury, and the Ability of the Province
that in several Counties they had even instructed their
Members not to comply with the Requisition. The
Speech, Addresses, and the several Messages which
passed between me and the Assembly on this Subject
I transmit herewith for His Majesty's Information,
and have only to add, that I have Cause to believe
that the Sentiments of the House are since much
altered, and that at their next Session, which will be
on the 28 th of May, they will consent to grant the
Money necessary for the Supply of the King's Troops
in this Province.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient,
and most humble Servant
W*. Franklin
The Speech of His Excellency William Frank-
lin, Esquire, Captain General, Governor and
Commander in Chief in and over the Col-
ony of New Jersey, and Territories thereon
depending in America, Chancellor and Vice-
Admiral of the same, &c.
Gentlemen of the Council, and Gentlemen of the Gen-
eral Assembly,
The Sum granted at the last Session for the Supply
of His Majesty's Troops stationed in this Colony, was
so much below what had been annually expended for
the like Service before, that a longer Recess than you
have had could not be reasonably expected.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 239
Gentlemen of the General Assembly :
The Barrack-Master's Accounts, with their several
Vouchers, I shall order to be laid before you, when I
hope it will appear to you that the Money entrusted
to the Disposal of the Governor and Council has been
managed with the utmost Care and Frugality. Some
of the Barracks being greatly out of Repair, and in
Want of Bedding and other Necessaries, I must rec-
ommend it to you to grant a sufficient Sum for sup-
plying these Deficiencies, as well as for providing the
Troops with their usual Allowance.
The principal Reason given by you, Gentlemen, for
not granting a larger Sum at your last Meeting was,
your having been denied an Act for a Paper Currency.
But as that was a Measure to which (as I am assured)
the King would not have with-held his Royal Concur-
rence, if it could have been given without violating
the Law and the Constitution, I shall hope that you
will not again urge a Point that must now appear
neither becoming nor decent, but that you will as
cheerfully and readily as heretofore make due Provis-
ion for this necessary Service. Besides, when you
consider, that upon the first Appearance of a Rupture
between the Crowns of Great-Britain and Spain., I
received assurances that in case Matters should, con-
trary to His Majesty's just Expectations, come to Ex-
tremities, the Security of his American Dominions
should be a principal Object of His Majesty's Care and
Attention, you cannot, I think but be impressed with
the most lively Sentiments of Gratitude, and be happy
in an Opportunity of manifesting them by correspond-
ing Actions.
Gentlemen of the Council, and Gentlemen of the Gen-
eral Assembly :
During the late Prospect of a War, the defenceless
State of this Province must no doubt have occurred to
you, and to the People in general. His Majesty's uni-
240 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
form Wishes to preserve the public Tranquility may
not always be successful. A Time of Peace, however,
is certainly the best Time to prepare for War," and
there is no knowing how soon such an Event may
happen. This is therefore a Matter worthy of your
particular attention. For my Part, I know of Noth-
ing we have to rely on, under God, for our Protection
against the sudden Attempts of an Enemy, but the
Regiment of Regulars which His Majesty has been so
kind as to afford us, and the Militia. From the scat-
tered Residence of the latter, and their Want of Disci-
pline, much cannot be expected from them on such
Emergencies.— I have some Time ago, indeed sent
Ordei-s to the Commanding Officers of the several
Regiments, to have their Men as frequently exercised
and as well disciplined in every Respect as may be in
their Power, and to be particularly careful that they
may be provided with the Arms and Ammunition re-
quired by Law, but you must be sensible, that while
the Law allows of so few Days of Muster, the People
cannot be brought into proper Military Order. Whether
therefore it would not be better to adopt some such
Regulations for the Militia as are now established in
our Mother Country, I submit to your Consideration.
In the mean Time, as His Majesty has been graciously
pleased to order the several Battalions now serving in
. I merica to be completed as soon as possible, you have
an Opportunity, by giving some additional Bounty, or
other Encouragement that may induce a Number of
His Majesty's faithful Subjects of this Colony to en-
gage in the Service, not only of demonstrating your
1 The Rev. Aaron Burr, in ''A Discourse Delivered in New-Ark. in New Jersey.
January 1, 1755," uses this expression (speaking of the threatened French war):
"The Way to have Peace in the pre3enl case, is t > make a speedy and vigorous
Preparation for War." In a speech to Congress, January 8, 1790, Washington put
the same idea thus: "To be prepared for war is one of the most effectual means
of Pres irving peace." The Latin proverb is, " Si vis pacem, para bellum."—Mag.
Am. Hist, X., 73, 530.-[W. N.]
1771] ADMINISTRATION - OF GOVERNOR FRANKLIN. 211
Loyalty and Gratitude, but of providing in the most
essential Manner for the Security and Defence of the
Province.
The Indians of the Six Nations, and their Allies and
Confederates, having lately complained of the Abuses
and Violences committed by the Traders and Frontier
Inhabitants of several of His Majesty's Colonies, and
intimated the bad Consequences which are likely to
happen, if they are not redressed, His Majesty has
thought proper to signify his Pleasure that I should
represent this Matter in the strongest Manner to you,
and urge you in his Name to fall upon some Means of
putting Indian Affairs under such Regulation as may
have the Effect to prevent those Abuses of the Trade,
and those Violences and Encroachments of the Fron-
tier Inhabitants of which the Indians so justly com-
plain. — The Governments of Virginia, Pennsylvania,
Neiv-Yorh and Quebec, have, as I understand, already
appointed Commissioners, who are to meet together,
and form some Plan for this desirable Purpose. And
though this Colony has little or no Concern in the In-
dian Trade, and the Indians have not sustained any
Violences from our Frontier Inhabitants but what
they have received ample Satisfaction for, yet as we
must be eventually interested in whatever may affect
the Welfare and Safety of our neighbouring Colonies,
I cannot bat recommend this as an Object deserving
your most serious Consideration.
I have lately received two Orders of His Majesty in
Council, which shall be communicated to you; the one
disallowing an Act passed in June 1765 intitled, "An
Act for regulating the Practice of the Law and other
Purposes therein mentioned,'' (which Act was ren-
dered unnecessary by a subsequent Act of the Legis-
lature of this Province;) the other confirming an Act
passed in May 1768, entitled, ik An Act for choosing .
Representatives in the Counties of Morris, Cumber-
16
242 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
land and Sussex, and directing the Morris County
Taxes to be paid into the Eastern Treasury of this
Colony."
William Franklin.
Council Chamber April 18, 1771.
To His Excellency William Franklin Esquire
Captain General, Governor and Commander
in Chief in and over His Majestys Colony
of Nova Caesarea or New Jersey and Terri-
tories depending thereon in America, Chan-
cellor and Vice Admiral in the same &c.
The Humble Address of the Eepresentativcs of
the said Colony in General Assembly ('(li-
vened.
May it please your Excellency.
We His Majesty's Dutiful and Loyal Subjects the
Representatives of the Colony of New Jersey, in Gen-
eral Assembly convened have taken into our serious
Consideration your Excellency's Speech at the Open-
ing of this Session, and can truly inform your Excel-
lency That the State of this Colony is not altered for
the better since the last Session at Perth Amboy. At
which Time this House informed your Excellency
That they could not grant further Supplies for His
Majestys Troops without laying new Taxes on the good
People of this Colony, who are already burthened with
a heavy Debt contracted for his Majesty's Service dur-
ing the late War. We therefore cannot, consistent
with the Duty we owe our Constituents comply with
your Excellency's Requisition at present.
The Militia Law now in Force, we conceive may be
.sufficient for all the Purposes intended thereby.
We would, on all Occasions, do the strictest Justice
1771] ADMINISTRATION" OF GOVERNOR FRANKLIN. 243
to, and cultivate the Friendship of the several Indian
Nations. But They have received full Satisfaction
from this Colony & publickly acknowledged it. And
We having no Trade or Traders among any of them
cannot conceive it necessary to appoint Commission-
ers on the Part of this Colony.
We are truly thankful to our most Gracious Sover-
eign for confirming the Law for choosing Representa-
tives for the Counties of Morris, Cumberland and Sus-
sex, by which the Grood People of those Counties will
be equally Represented.
By Order of the House
Step 1 ^ Crane Speaker
House of Assembly April 2<t th 1771.
A Message to the Assembly.
Gentlemen,
It is not without much Uneasiness and real Concern
that I find myself under a Necessity of animadverting
on that Part of your Address which relates to the
Royal Requisition, and the Resolve of your House on
which it is founded. My Duty to His Majesty, and
my Regard for his Subjects in this Province, will not
permit me to pass over in Silence a Matter in which
his Interest and their Welfare are so greatly concerned.
The Resolve asserts in positive Words, "That the
Colony is not of Ability to make any further Provision
for the Supply of His Majesty's Troops stationed in
this Colony. " The Address refers me to your Message
at the last Session at Perth Amboy, as containing your
present Sentiments, and you are pleased to say that
you "can truly inform me that the State of this Col-
ony is not altered for the better since that Session."
You do not, however, pretend to say that it is altered
for the worse. But whether the State of this Colony
244 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
has, or has not improved within the last six Months,
is a Question of great Nicety, and which, I believe
neither you nor I are possessed of sufficient Data to
determine, nor, if we were, is it a Matter of any Con-
sequence to the Point under Consideration. If I was
to hazard an Assertion on the Subject, it would be,
that the Colony must be in a somewhat better State
than at that Time, as it has been, for many Years
past, in a gradual Course of Improvement, and noth-
ing particular has since happen'd to its Detriment or
Disadvantage.
But the Point really necessary to be considered, Gen-
tlemen, is, Whether the State of the Colony, as set
forth by the House at the last Session, is justly and
truly represented to me in. their Message? I must
confess that I did not then, nor do I now view it in
that Light; but as you nevertheless granted a Sum of
Money for the Purpose requested, I was content at
that Time to let it pass over without any Observations;
tho' not without Hopes, indeed, that before another
Session you would be sensible of my Kindness in this
Respect, and by a subsequent Conduct evince that you
wished to have it forgotten.
However, Gentlemen, as that is not the Case, and you
still rely on the Declarations contained in that Mes-
sage, I shall first state them, and then candidly exam-
ine whether they are or are not founded on Facts. The
Message sets forth " That as the House were denied a
" Loan -Office Bill, they were thereby deprived of all
"Means of complying with the Royal Requisition,
" without introducing new Taxes on a People already
"grievously burthened by their Zeal for His Majesty's
" service during the late War; * * that since the
u War the Colony has incurred a very heavy Debt and
" nearly exhausted the Treasury. * * * that they
" have already expended very large Sums that the
" Peace of the Colony might not be interrupted; *
1771] ADMINISTRATION OF GOVERNOR FRANTKLIN. 245
" * that the House were induced to comply with
" my Requisition at that Time in hopes that they
"should not be afterwards called upon for further
' ' Aids ; * * * and that they request that I would
" be pleased to use my Influence that the Colony may
" be eased of a Burthen so Excessively grievous."
I cannot but remark here, how very different this
lamentable Description of the State of the Colony is,
from the one given by you in the Act for settling the
Quotas of the several Counties, passed no longer ago
than in December 1769. The Reason given for that
Act in the Preamble is, that " since the last Settlement
" of the Quotas by the Act passed in the ^6th Year of
" King George the Second (1753) the Circumstances of
"this Colony are much altered by the great Improve-
" ments made therein, by its Increase and Population,
"and the Erection of anew County, whereby it has
" become necessary that a new Settlement be made,"
&c. And, indeed, this must I think appear a very
just Representation to whoever will consider that the
Price of Wheat has risen, since the Commencement
of the late War, from Four or Five to Seven Shillings
a Bushel, and the Rest of our Produce in nearly the
same Proportion, and that we find a ready Sale, and
ready Money, for all we can carry to Market.
Your Assertion, that by being denied a Loan-Office
Bill you were deprived of all Means of complying with
the Royal Requisition without introducing new Taxes,
does, I own, greatly astonish me. Could you, Gentle-
men have been ignorant that there was at that very
Time upwards of Ten Thousand Pounds at the Dis-
posal of the Legislature of this Province, besides sev-
eral Balances of unsettled Accounts to a considerable
Amount, being Part of the Surplus Money made cur-
rent for His Majesty's Service during the late War,
for which no new Tax could be anyways necessary, as
the Sinking of it had been long before provided for by
246 ADMINISTRATION OF GOVERNOR FRANKLIN. L 1 ^ 1
Law. Above Half of this Sum was then actually
in the Treasury, ready for immediate Use, and the
Kemainder, tho' not there, might be called in whenever
the Occasions of the Province made it necessary.
The present State of the Funds at the Disposal of
the Legislature, as I have it from the Treasurer, is
In the Eastern Treasury, Cash in Hand £1773: -4: 6
In the Western Treasury, Ditto 2156: 3: 6
Debts ascertained, and for which Secur-
ities are taken, besides the unset-
tled Balances before mentioned 4359: 14: 11
Total, £8289: 2: 11
Of this Sum there is only about Half a
Year's Support of Government, and
the Money formerly reserved by
Law to be apply 'd by the Commit-
tee of Correspondence, which can
be said to be appropriated; and if
we allow for this, and the Inciden-
tal Charges which may arise, 2250: 0:
still there will remain at our Disposal £6<>39: 2: 11
Now we have Eeason to think from the Experiment
which has been made since the Disposal of the Money
for furnishing the Troops has been left to the Gover-
nor and Council, that it will not (when the Barracks
are properly repaired and furnished) take a Sum ex-
ceeding Twelve Hundred Pounds Currency per An-
num, to supply the same Number of Men as at present
with all the Articles required by Law; tho there has
been heretofore, as I understand, near double that
Sum expended for this Purpose, whereby the Province
must probably have paid several Thousand Pounds
more than was necessary. If we therefore only de-
duct from the Money actually in the Treasury, viz
1771J ADMINISTRATION OF GOVERNOR FRANKLIN. 247
£3929: 8:0 the Sum requisite for the remaining Half
Year's Support of the Government, £1250: 0: and
for completing the Year's Allowance to the Troops,
TOO: 0: 0=1950: 0: we yet shall have in hand, with-
out calling in a Farthing of the Sums outstanding
£1979: 8:
But when it is considered that the Whole of our
Paper Money was originally made current for His Ma-
jesty's Service only (as you have repeatedly acknowl-
edged in your Support Acts, and particularly in your
last Quota Act) with what Colour of Reason can you,
Gentlemen, refuse to apply it to His Majesty's Use up
on proper Requisition being made to you in his Name
for that Purpose ? For the Money, I apprehend,
while any of it remains in the Treasury, ought to be
appropriated as his immediate Service may, from
Time to Time, require.
Your Denial of the Sum requested is, besides alto-
gether inconsistent with the repeated Declarations
made by the late Assembly at the Times of the Stamp
and Duty Acts. In a Resolve of the 30th of November
1765, they declare "That His Majesty's Subjects in -
" habiting this Province are from the Strongest Mo -
"tives of Duty, Fidelity and Gratitude, inviolably at-
' ' tached to His Royal Person and Government, and
"have ever shewn, and they doubt not ever will, their
"utmost Readiness and Alacrity for acceeding to
" Constitutional Requisitions of the Crown." In an
Address to the King on the Repeal of the Stamp Act,
they "assure His Majesty that as they have hereto-
11 fore granted Aids to the Crown, suitable to their
"Circumstances; so whenever Requisitions are made
"for that Purpose, in the ancient and accustomed
" Manner, their Duty to His Majesty, and Concern for
"the Glory and Interest of Britain, will ever induce
"them cheerfully to comply therewith to the utmost
" of their Abilities.' 1 '' And in their Address to me on
248 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
the ^3d of June 1767, they say that "His Majesty's
gracious Reception of their Address, and Approbation
of the Behaviour of this Colony, is truly agreeable to
the House, and cannot fail of inspiring the Inhabi-
tants of this Colony with Resolutions to improve every
opportunity of meriting it from the best of Sover-
eigns." The same Sentiments are likewise repeated
in the Petition to the Crown in May 1768; but how to
reconcile them to your Conduct on the present Occa-
sion is not in my Power. Instead of manifesting that
Duty, Fidelity, Gratitude, Readiness, Alacrity, cheer-
ful Compliance, &c. of the Inhabitants of this Colony,
of which your immediate Predecessors in Assembly so
much boasted, you now tell me that you cannot, con-
sistent with the Duty you owe your Constituents,
comply with the Requisition which I have made to
you by Order of His Majesty. After this, can you
reasonably expect that the King will ever pay Regard
to any Declarations from the Assemblies of this Pro-
vince ?
You alledge, however, in excuse, that ' ' the People
"are already grievously burdened by their Zeal for
"His Majesty's Service during the late War/' lam
far, Gentlemen, from wishing to depreciate any Merit
that this Colony may have acquired at that Time; —
but when you speak" in such a Tone of Distress of the
excessively grievous Burthen that it sustains, and
urge that as a Reason for not complying with the pres-
ent Requisition from the Crown, you make it neces-
sary for me to enquire more particularly into the
Foundation there is for such an Assertion.
It appears that the Sum of £347,500 was struck dur-
ing ten Years, on Account of the last War with
France, and the one which followed with the Indians.
Had this Sum been sunk within that Time, it would
have been necessary to have raised on the People
£34, 750 Currency per Annum by Taxes; but upwards
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 249
of twenty nine Years (from 1755 to 1783 both inclu-
sive) are allowed by Law for sinking that Sum, in the
following Proportions, viz.
In the 2 first Years none of the Money current was
allowed to be sunk.
For 2 years afterwards
there was ordered
to be sunk . . £5,000 per Annum 10,000:0:0
2 Ditto .... 10,000 per Ann. 20,000: 0:
11 Ditto .... 12,500 Do 137,500: 0:
12 Ditto 15,000 Do 180,000: 0:
29 Total, £347,500: 0:
The greatest Part of this Money was not, by Law, to
begin to sink until it had been current several Years,
some it for 17 or 18 Years. From the Use of so much
Money for so long a Time the Colony must have re-
ceived very considerable Advantages. Besides, it
should be considered, that as a large Sam must of
course be destroyed and lost by Accidents, it is so
much clear gain to the Province; for the Money raised
for sinking of it may be apply'd towards the future
Support of Government, whereby Taxes for that Pur-
pose, to such an Amount, will not be necessary. But
will any Man who knows the true State of this Colony
pretend to say that Fifteen Thousand Pounds Cur-
rency a Year, which is the greatest Sum to be raised,
can be a grievous Burthen on the People % This Years
Tax amounts to £12,500 and I am well assured that
there is not a County in the Province where the Tax
will come to above Six-pence in the Pound on Land
and Stock, and in many not above Four-pence; though
none but profitable Land is rated, and the best upon
an Average in a Township, at not above, if so much,
as Twenty-five or Thirty Pounds' per Hundred Acres,
but by far the greatest Part considerably under. In
Burlington County where I reside, the Assessors are
restricted by Law from valuing any Tract of Land at
250 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
above £45, or under £6 per Hundred Acres which is
much above several other Counties, and as high a
Limitation as that of any others (except Somerset and
Salem where the highest Sum allowed is £50.) yet no
Lands in this County are rated on an Average in any
Township, at above Twenty Pounds per Hundred
Acres, and the Tax comes to little more than Four-
pence in the Pound; nor would the Amount of the
Tax paid for all the Certainties, as they are called, if
it was likewise laid on the Land, make it Six-pence in
the Pound even at its present low Valuation. — Com-
pare this, Gentlemen, with what is paid by our Fellow
Subjects in England on their Landed Property, which
is Four Shillings in the Pound, besides innumerable
other Tax^es unknown to the People of this Country.
Compare it even with the Taxes paid by some of the
New-England Governments or with those paid by our
neighbouring Colonies New-York and Pennsylvania,
and you will find it so much below them, that I am
convinced you will be ashamed ever to mention the
Words grievous Burthen again on any such Occasion.
But when it is known that the Donation you received
from the Parliament during the War amounted to
£79,668: 2: 0, Part of which, being appropriated to
your Sinking Fund, exempted you from any Provin-
cial Taxes for near five Years, and another Part is
the Money you have in Debts outstanding on Security,
your grievous Complaints must appear very extraor-
dinary indeed !
What you mean, Gentlemen, by saying that the
Province has incurred a very heavy Debt since the
War I cannot conceive, as I know of no Debt the Pro-
vince owes but what is included in the £347,500 men-
tioned in the Quota Act to have been " struck in the
"last War with France for the Use of the Crown.'"
Of this J )ebt there remained to be sunk from the Time
when that Act passed in 1769, to the Year L783, about
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 251
£190,000. Nor can I comprehend what is meant by
the ' ' very large. Sums expended, that the Peace of the
Colony might not be interrupted." If the Money an-
nually granted for the supply of the Troops in the
Barracks since the War, is here alluded to, I have only
to say that that also was taken out of the Sum struck
in the last War for the Use of the Crown ; and that if
you are still disposed to preserve the Peace of the Col-
ony, you will immediately apply a Part of the Re-
mainder of that Fund to the same Purpose.
There are many other Reasons which I could urge
on this Occasion, but as I have already, I hope, fully
shewn to your Satisfaction, That your House has the
Means of complying with the Royal Requisition with-
out introducing new Taxes — that the Peojfle are not
grievously burthened on account of the late War - *
that the Colony is of sufficient Ability, even if a new
Tax was necessary, to make further Provision for the
Supply of His Majesty's Troops, I cannot therefore
but natter myself that you will on mature Consider-
ation, recede from your late Resolution, and grant the
Sum required.
But if you should, nevertheless, obstinately perse-
vere in setting yourselves up in Opposition to the King
and Parliament, when you have not even the Assem-
bly of any neighbouring Colony to countenance your
Proceedings by a similar Conduct, you will, I believe,
in the Opinion of every sensible Man, act a Part ex-
tremely rash and imprudent, and big with Mischief to
your Constituents.
William Franklin.
April 23, 1771.
Ordered
That Mr. Price and Mr. Day, do wait upon His Ex-
cellency with the following Message in answer to His
Excellency's Message to this House of the 23rd Instant.
252 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
May it 'please your Excellency.
The State of this Colony is justly and truly repre-
sented in onr Message to your Excellency at the last
Sessions; yet, nevertheless as at that Time the Winter
was approaching, and we being in Hopes that you
would use your Influence to have the Burthen removed,
and that the House should not be called upon for fur-
ther Aids, on that Account we granted a Sum of
Money for the Purpose requested.
We cannot but remark here, how very different
your Excellency's Discription of the State of the Col-
ony is, from the One given by you in the Bill, entitled,
"An Act for striking £100,000 in Bills of Credit,"
passed no longer ago than in December 1 769. The Rea-
son given' in the Preamble of that Bill is, Whereas the
great Distress in which this Colony for several Years
passed has been involved in for Want of a sufficient
Currency, both as a Medium of Commerce, and to pay
Debts, hath compelled very many of the Inhabitants
to sell their Estates, or suffer them to be sold at an
accumulated Expence by the Sheriffs, frequently for
less than Half the Value by which the Merchants,
Manufacturers and Traders in Great Britain, and
other Creditors have been great Sufferers, which
Grievance in all Probability will much increase if not
speedily remedied. That Bill failed, and the Circum-
stances of this Colony are not since altered for the bet-
ter; Lands have continued and still do continue to sink
in Price, and are sometimes sold for less than one
third Part of the Value they were sold for a few
Years ago.
The high Price of Wheat is owing in Part to there
not being enough to Supply the Demand, occasioned
by the Failure of the Crops, the Consequence of the
Land being much worn, and the Badness of the Sea-
sons; so that a Farmer notwithstanding this high
Price does not aet as much now for his Year's Labour
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 253
as he formerly did when he had a full Crop. But there
are not one fourth Part of the Housholders in New-
Jersey that raise Wheat to sell, most of the Rest buy
that necessary Article; and the high Price that Bread
Corn, and other Provisions now sell at has reduced
large Numbers of the Inhabitants of this Colony to
great Distress, and is very sensibly felt by many more.
How your Excellency happened to account the high
Price of Wheat at this Time among the Riches of this
Province, and from that Error give the State of the
Colony in the Manner you have done, we cannot ac-
count for otherwise than by the Astonishment you
confess yourself in when you drew that Message
Your Excellency's Arithmetic strengthens our Argu-
ment by proving that in the Treasuries of New- Jer-
sey there is no more than £3929: 8: in Cash. This
small Sum is now charged with upwards of Seven
Months Support of the Civil Government, Payment of
the Incidental Charges, £.44 to the Executors of Mr
Parker, £50 to disabled Soldiers, about £.150 to the
Barrack-Masters of Neiv-Brunsivick, £.200 to the
Agent, £.1000 liable to be drawn by the former Com-
mittee of Correspondence, and near £.100 by the pres-
ent Committee, above £.2000 liable to be drawn by
the Eastern Proprietors Bounties on Hemp and Flax.
We can by no Means consider what is due to the
Treasury, as Money in our Power. The Reason of
that Money being outstanding, is because the Debtors
cannot possibly procure it without the Sale of Lands
greatly under Value, and is one of the many Proofs of
the Distress of this Colony.
Our refusing the Demand is no Way inconsistent
with the Reason given by you in the Preamble of the
Act for settling the Quotas passed in December 1769.
Between 1753 and 1709, the Circumstances of the Col-
ony might be much altered, great Improvements made
therein by its increase and Population and one new
254 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
County erected: And these Circumstances might and
did occasion a new Regulation for raising Taxes, but
that does not prove that this Province is not now in
distressed Circumstances, and the Inhabitants borne
down with Debts; on the Contrary, that is a Fact
notorious to the whole Colony.
This Denial does not interfere with the Assembly's
Resolve of the 30th of November 1765. The Conduct
of the late and present Houses of Assembly respecting
these Troops proves that Resolve to be true. They
and we from the strongest Motives of Duty, Fidelity
and Gratitude, and inviolable Attachment to His Maj-
esty's Royal Person and Government have provided
for the Subsistence of the Troops in Question, at above
£2, 000 per Annum, including the Articles supplied the
Barracks for their Use for several Years past, and even
at the Time of passing the Law to give £.500 to the
Governor for their Supply, there was Wood in the
Barracks to the Amount of more than £.200 that had
been purchased by the Barrack-Masters and has been
expended since your Excellency had the Management;
so that in the Five Months they have cost us above
£700, besides many Repairs that the Barrack- Masters
added in that Time, and do continue to add. The Dis-
tresses of this Colony having arisen to a great Height,
and the late appearance of a War being now over, we
clo think that Expence ought not to be continued upon
us indefinite.
Nor does this Denial contradict the Addresses and
Petition your Excellency mentions; there is nothing
in any of them that alters the Constitution; there is
no Reason to think that Assembly intended it should :
it was not understood that it did. The Words do not
bear that Interpretation'. Resolves and Addresses can-
not alter the Constitution. Those concerned in these
Transactions were not so weak as to suppose it. Noth-
ing less than an Act of the whole Legislature can do
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 255
it. But on the Contrary, the Assembly was left in
full Possession of their antient Right of judging on
that Subject, and the whole Constitution in its full
Efficacy as it was before that Period.
To your Excellency's Question " Whether we expect
the King will ever pay Regard to any Declarations
from the Assemblies of this Proviuce ? " We answer,
We hope He will. We are determined to do every
Thing in our Power to deserve his Love, and his Con-
fidence. The Question comes untimely and improperly
from your Excellency, and doing so makes it serious.
We should be glad of good Reasons to hope that your
subsequent Conduct will evince that you wish to have
it forgotten.
Your Excellency's elaborate History of the Appro-
priations to the late War has not the Effect you intend.
It only proves the Duty and Loyalty of this Colony to
His Majesty; that when it was necessary we entered
so zealously into His Majesty's Measures, and provided
so largely for His Forces, that in a few Years we mort-
gaged our Posterity down to the Year 1783; and that
your Excellency desires us to make that Burthen yet
heavier.
To judge of future Events by the past, in this Case
is a good Rule; and we hereby assure His Majesty,
that when similar Circumstances shall occur, we shall
freely as heretofore exert our utmost Abilities in his
Service.
Your Excellency has strangely blended the Taxes in
this Province with those in England, as if they were
raised on the same plan. Their Taxes are raised on
the Pound Value of the Annual Rent of their Lands,
ours on the Pound Value of the Capital. But what is
your Excelency's Observations on that Head to the
Purpose ? If they pay higher Taxes than we, must we
run ourselves in Debt for the Sake of paying as high
Taxes as they do ? that's a strange Way of demon-
strating Loyalty.
25G ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Your Excellency says, that in this Province "none
but profitable Land is rated." We believe that one
Half of the Land in New-Jersey that is taxed is not
profitable to the Owner, for if a Man owns ever so
much in a Tract, if any Part of it is improved the
whole Tract is rated.
The Eeason that your Excellency and we give such
different Accounts of the Eiches of the Province, is
easy to account for: You see nothing but Affluence,
we see the Distresses of the People. Therefore we
have the best Right to Credit, as we have the best
Means for Information.
Your Excellency's last Clause is alarming, as it's
plainly calculated to set us in a bad Light with our
Sovereign, by impressing an Idea that we are obsti-
nately setting ourselves up in opposition to the King
and Parliament, and obliquely intimating that we are
desirous of the Countenance of other Colonies to sup-
port us. Sentiments that we disavow in the strongest
Manner. We are firmly attached to our most gracious
Sovereign King George the Third, and think our judg-
ing of the Abilities of this Colony and the Application
of the publick Money ought not to be represented as
setting ourselves up in Opposition to the King and
Parliament.
By Order of the House
Richard Smith, Clerk.
House of Assembly April 25, 1771.
A Message to the Assembly.
Gentlemen
I little suspected when I sent you my Message of
the 23rd Instant, that it could possibly have given you
such offence, or subjected me to receive such Lan-
guage from a Body of Men whom I have always
treated with Respect. If I know my own Heart, that
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 257
Message was dictated by the truest Regard for the
good People of this Province, and I do not yet despair
but that such of them, who have Discernment enough
to see their own true Interest, will at some Time or
other view it in that Light, notwithstanding the Cloud
of Dust you have at present raised may conceal from
them the true State of the Province. I shall not,
however, return Railing for Railing, nor take those
Advantages which the Man tier of your Answer so fre-
quently throws in my Way, nor, indeed, should I give
myself the Trouble of making any Observations on
the Matter of it, if I could avoid it consistently with
my Duty.
When by His Majesty's Order I called upon you to
grant a Supply for the Troops, you, I thought, rather
too precipitately resolved not to comply with the
Requisition, and referred me to your Message at the
last Session for your Reasons. That Message con-
tained nothing but general Assertions, in support of
which not a single Fact was offered. To have re-
turned only general Assertions to the contrary could
have answered no valuable Purpose. The Point must
still have remained as undecided as before. I there-
fore judged that the best Way to come at the Truth in
a Matter of such Consequence to the Publick, would
be to state the Facts as they appeared to me, that if I
was mistaken in any of them you might set me right,
or if otherwise that you might be induced to recede
from a Resolution which seemed to threaten mischief
to your Country. If you had pointed out to me any
such Mistakes I should very candidly have acknowl-
edged them, and thank'd you for the Information.
But, instead of pursuing this Plan, you have for the
most Part contented yourselves with repeating your
Assertions, and where you have ventured to have Re-
course to Facts you have either unstated or misrepre-
sented them ; a Conduct no ways becoming any one,
17
2.58 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
but much less so respectable a Body as the Represen-
tatives of a free People. That I do not say. this, Gen-
tlemen, without proper Foundation, will, I doubt not,
sufficiently appear in the Course of the Observations
which you have put me under a Necessity of making
on your Answer to my Message.
You set out with declaring that the State of the Col-
ony is justly and truly represented in your Message at
the last Session, and endeavour to prove this by show-
ing that it is similar to "the one given by me
in the Preamble to the Bill for striking £100,000
passed in December 1769. This is the first Time I be-
lieve, Gentlemen, that ever a Governor was supposed
accountable for the Truth of any Representations con-
tained in a Preamble. The Doctrine appears entirely
new and you ought to have the Honour of being the
first Promoters of it. It has hitherto been a generally
received opinion, that a Preamble contained the Rea-
sons which the House where the Bill originated
thought proper to give to the other Branches of the
Legislature for obtaining their Assent, and which Rea-
sons might or might not be the real Motive to the
others for consenting to pass it into a Law. It is, ac-
cordingly, a veiy frequent Practice in the House of
Commons in England, and in the Assemblies in the
Colonies, to conclude the Preamble of a Bill with a
Prayer that it man be enacted, which would be highly
absurd if the Preamble was supposed to be given by
the King or the Governor. As to the £100,000 Bill I
do most solemnly declare that I had no Concern in
writing the Preamble, nor were the reasons you have
quoted those which induced me to give the Bill my
Assent, nor indeed were they such as I urged in my
Dispatches to the King's Ministers, when I recom-
mended it as proper for the Royal Confirmation. I
knew it was true that a Number of Persons in differ-
ent Parts of the Province were (some by their own
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 259
Imprudence, and others by unavoidable Misfortunes)
involved in Distress, but I never supposed it was
much, if anything, owing to the Want of a sufficient
Currency, as I observed every Labourer could get a
good Price in Money for his Labour, and every Farmer
the same for his Produce. At the same Time, how-
ever, I was of Opinion that a moderate Quantity of
Paper Money issued on Loan at the usual low Interest
taken by the Publick, might be of Service to such of
them as had any real Property left and were disposed
to be industrious. To others it did not appear to me
that it could be of any Advantage, were the Quantity
ever so great. But had I known the Province to have
been in a far more flourishing State at that Time than
even what I deem it to be in at present, I should
nevertheless have been a Friend and Well-wisher to
that Bill, and should have exerted myself as much as
I have done in its Behalf, there being scarce any one
Thing of which I am more fully convinced, than that
a moderate Addition to our present Currency, even on
the Terms on which the Crown can permit it, would
make the Colony still more flourishing, and be like-
wise productive of considerable Benefit to Great-Brit-
ain. What View you could have, therefore, in men-
tioning the Preamble of that Bill, I am at a Loss to
imagine. If I had really wrote it, and it had actually
contained my Sentiments at that Time, yet the Facts
I produced in my last Message plainly shew that what-
ever may have been or is still the Case with a Num-
ber of Individuals, the Province on the Whole, is and
has been for many Years past in a State of Improve-
ment. Your quoting it then on this Occasion can
only serve to shew what, perhaps, would have been
full as much to your Credit to have concealed, that
you were capable of sending me two Bills at the same
Session containing directly contrary Accounts of the
State of the Colony.
260 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1771
The Reasons you give for the high Price of Wheat
do not appear to me to be satisfactory. It is true that
the Crops do sometimes fail when the Season happen
to be bad or where the Land is much worn. But will
any Man pretend to say that the Quantity of Wheat
raised throughout the Colony, and of every other
Kind of Produce which we send to Market, does not
annually increase 8 If he has any Doubt about it, let
him only inquire into the Number of new Farms
which are annually settled, and the Improvements
made and making on the old Ones; or let him ask the
Merchants and others who purchase our Produce at
New-York and Philadelphia for Exportation or Home
Consumption, and he will be satisfied that the In-
crease is very considerable. I have frequently made
Inquiries of this Nature, and am well convinced that
the Quantity of our Produce carried to Market is much
beyond what it was formerly, but that the Demand
having increased in a still greater Proportion, has oc-
casioned the high Prices we receive. — Whether there
are not, as you say, above one fourth Part of the
Housholders in New-Jersey who raise Wheat I know
not, nor is it of any Consequence to my present Argu-
ment. The Inhabitants of the Colony are certainly
for the most Part Farmers, and tho' they raise differ-
ent Kinds of Produce according to the Nature of their
Land and other Circumstances, yet if what I ad-
vanced, and which you do not contradict, be true, that
the Prices of all Kinds have risen in nearly the same
Proportion as Wheat, it can make no Difference. For
if a Man who does not raise that Article is obliged to
give more for it than heretofore, so likewise does he get
a proportionately greater Sum for what he does raise.
It seems therefore to be a strange Position "' that the
high Price which Bread Corn and other Provisions
now sell at, has reduced large Numbers of the Inhab-
itants of this Colony to great Distress." But 1 am
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 261
not surprized (strange as it is) that this Position
should be advanced by you; for you, Gentlemen tho'
the Colony consists chiefly of Farmers, can even won-
der at my "accounting the high Price of Wheat at
" this Time among the Eiches of this Province !"
I shall next consider your Remarks upon what you
are pleased to call my Arithmetick, which you say
strengthens your Argument, by proving that there is
no more Cash in the Treasury than £3929: 8.: This
Sum you say is charged with
No. 1. To the Executors of Mr Parker . 44: 0:0
2. To disabled Soldiers . . . 50:0:0
3. To the Barrack Masters at New
Brunswick, . . . . 150:0:0
4. To the Agent .... 200: 0:
5. To the former Committee of Corres-
pondence looo: 0:0
6. To the present Committee . 100: 0:
7. To the East- Jersey Proprietors . 2000:0:0
£3544: 0:
Besides the Support of Government for Seven Months
Incidental Charges and Bounties on Hemp and Flax,
for neither of which you have allotted any particular
Sum.
But, Gentlemen, Is this a candid Representation of
the Matter ? Are not you conscious that the only Arti-
cles of all these, for which Sums can with any Pro-
priety be said to be actually appropriated, are the two
first Articles, the Support of Government, and the
One Thousand Pounds to the Committee of Corre-
spondence, and that for both the latter I made a
Deduction in my State of the Account ? And are you
not sensible that even this very £. 1000 (which is only
ordered to be kept in the Treasury 'till it may happen
to be wanted) may by a short Act be applied for the
Support of the Troops, immediately, if you think
proper ? Towards the Article No. 3, the Sum of £110.
2G2 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
was paid several Months ago and therefore cannot
remain a Charge against the Balance in the Treasury,
and for the remaining 40£ no Accounts are yet exhib-
ited to the House, or at least none yet settled or al-
lowed; and whether any thing will be wanted for the
Bounties on Hemp and Flax is uncertain, it depending
on Events which may or may not happen, and, if they
should, they are only to be paid out of the current
Money which may be at the Time in the Hands of the
Treasurers. For these no Money in the Treasury can
be properly said to be yet appropriated, tho' the Legis-
lature may hereafter think- fit to make Provision for the
Payment of them, and therefore they ought not to be
brought into the present Account. But even if they
were, yet the Balance of £. L9T9: 8: mentioned in my
Message is probably more than sufficient to discharge
them, and the £.1000 to the Committee besides. The
Allowance to the Agent, the Sum payable to the present
Committee, and the Incidental Charges, are all consid-
ered in the £. 1250 I allowed for the Support of Govern-
ment for the remaining Part of the present Year. The
last Article No. 7, is a large one indeed, but how you
could possibly think of reckoning it as an appropriated
Sum which you were obliged to keep in the Treasury,
and venture to mention it as one of the Proofs of your
not having it in your Power to comply with the Royal
Requisition, is beyond my Comprehension. You must
know Gentlemen, as well as 1 do, that the £.3000 sub-
jected to the Disposal of the Eastern Proprietors were
only allowed to be taken from Time to Time as it
might become necessary, kk out of the public Monies in
the Treasury," so that if none happens to be actually
there when wanted, the Province is not bound to fur-
nish it in any other Manner. But supposing they had
really drawn the whole Sum out of the Treasury, yet
not only all the Estates of the General Proprietors are
made Liable by Law to indemnify the Colony for the
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 263
said Sum, but a certain Number of them are obliged
to give Bonds to the Treasurer "conditioned for the
Replacing such Sum or Sums of Money, without In-
terest, into the Treasury, when demanded by such
Treasurer by Order of the House of Assembly." This
needs no Comment; for a Man must be willfully blind
who does not see that it cannot make the least Differ-
ence to the Province whether this Sum is in or out of
the Treasury.
You ' ' can by no Means, you say, consider what is
"due to the Treasury as Money in your Power.' 1 If
you had said that there was no Necessity of calling it
in immediately, I could readily have agreed with you.
The Interest alone, due on the two Sums called Debts
ascertained for which you have Mortgages, is nearly
sufficient to replace in the Treasury the Sum now
wanted. And if the outstanding unsettled Balances
due to the Province (which for Reasons best known to
yourselves you have not chosen to mention) were like-
wise brought into the Treasury, as they ought to be,
there would then be a Sum at your Disposal more than
sufficient to answer all the present Demands. There
is one Debt besides, amounting to upwards of £.1200
due from the Estate of late Col. Schuyler, for which a
Bond was given some Time ago, and the Money, I am
told, is now ready to be paid into the Treasury.
What you alledge concerning the Eeason given by
me in the Preamble of the Quota Act, and the dis
tressed Circumstances of the Inhabitants, has been
already fully answered. Nor need I take any Notice
of your Assertion, that the Denial of a Supply for the
Troops is not contradictory to the Assembly's former
Eesolve, Addresses, and Petition. If you cannot see
what is so glaringly evident to others, nothing I can
offer to convince you of it can be of any Avail. I
shall therefore proceed to consider what you say con-
cerning the Barracks.
264 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Your Representation of this Matter is more unfair,
if possible, than any Thing I have yet animadverted
upon; but, to do you Justice, it must be allowed that
you have not manifested a greater Want of Candour
than of Gratitude on this Occasion, — At the last Ses-
sion at Perth Amboy, a Majority of your House ap-
peared much displeased with most of the former Bar-
rack Masters Accounts; and when it was agreed to
grant £500 towards the Supply of the Troops, you
chose rather to leave it to the Disposal of the Governor
and Council, than to put it into the Hands of the Per-
sons before entrusted. The Money has since been
expended with the utmost Faithfulness (as you must
have observed by the Accounts and Vouchers laid
before you) and by our Management a considerable
Saving has been made to the Province. It seems,
however, that you are not disposed to let this be
known to the Publick. Instead of thanking us for
our Care and Trouble (not a little of which fell to my
Share) or even making a bare Acknowledgment of
them, you endeavour to have it appear, that though I
mentioned it would not take above £.1200 Currency
per Annum to supply the usual Number of Men with
the Necessaries required, yet it has cost the Province,
under our Management, at above the Rate of £.700 for
five Months, besides Repairs, &c. To make this out
you say "there was Wood in the Barracks to the
Amount of more than £.200," which is not the Case,
the Quantity received of the former Barrack- Masters
by the one I appointed being exactly 228 Cords, which
if we reckon at 15s <i| light Monet/ per Cord (the
Medium Price he purchased at)amounts to only £. 151 :
17: :'4 Proclamation.
But you take no Notice that the five Months above-
mentioned were the Winter Months, and that during
the remaining seven Months little more than half the
Wood, and but a small Quantity of Candles, will be
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 265
wanted. The Sum of £500 would therefore, I doubt
not, be found sufficient to supply the Barracks for
that Time, if there should happen to be no consider-
able Addition to the Number of Men; but as an Aug-
mentation of 20 Men to a Company is ordered, I ask'd
for 700£ which I was in hopes might answer the Pur-
pose. If this had been granted, and any Part of it
should have remained at the End of the Year, it
would have been accounted for. But, Gentlemen, if
you really think it more to the Advantage of this Pro-
vince, that above 2000£ per Annum (which you ac-
knowledge the supplying of the Troops has heretofore
cost the Colony) should be expended by some of the
Members of your House and their Connexions, than
about 12 or 1400£ under the present Management, I
shall not make the least Objection; but I shall hope
then to hear no more of the Poverty of your Constit-
uents.
The next Paragraph to the one I have just observ'd
upon, with all " them Transactions," &c. mentioned
in it, I must beg Leave to pass over; as, except the
first Line which is already answered, I do not see that
it is at all pertinent to any Thing contained in my
Message. And if the four Paragraphs immediately
following, which only contain Declarations no ways
corresponding with your present Actions, are treated
in the same Manner, you will have no Reason to com-
plain.
By desiring you to compare the Taxes of this Pro-
vince with those paid in England, I meant no more
than to intimate that you would find a great Dispro-
portion. For tho' they may not be raised on the same
Plan, theirs being, as you say, on the Pound Value of
the annual Bent of their Lands, and ours on the
Pound Value of the Capital, yet the Difference will
be found on Examination to be little more than nom
inal. The Valuation put by the Assessors on the
266 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Lands throughout a County will, I believe, in very-
few Cases, if any, be found on an Average to exceed
the Value of the annual Rent or Income. Many Tracts
I am convinced are rated at less. But be that as it
may, I desired you likewise to compare our Taxes
with those of several neighbouring Colonies (where
they are raised on a similar Plan with our own) but
this it seems did not suit your Design.
"But you ask, What are my Observations on this
' ' Head to the Purpose ? If they pay higher Taxes
" than we, must we run ourselves in Debt for the
4 ' Sake of paying as high Taxes as they do ? that's a
"strange Way of demonstrating Loyalty.-' Indeed,
Gentlemen, this is a strange Way of arguing, and
what I have not been much accustomed to. Did I ask
you to run yourselves in Debt for the Sake, as you
call it, of paying high Taxes ? Did I even ask you
to run in Debt at all ? Nay, did I not plainly shew
you that you might demonstrate your Loyalty without
any new Taxes whatever ?
If I have been mistaken in saying that " none but
profitable Land is rated," I was led into it by the ex-
press Words of the Law, which are — "All profitable
"Tracts of Land held by Deed, Patent, or Survey,
" whereon any Improvement is made, the whole Tract
"shall be valued at the Discretion of the Assessors."
There are many Parts of a Man's Farm which tho' not
cultivated, yet afford some Profit, and I apprehend
that the Valuation put on them by the Assessor is
only in Proportion thereto; at least that seems to be
one Thing that is left by the Law to his Discretion.
Many Persons who have larger Tracts than what they
think proper to occupy, sever by lease only a Part of
them for Farms, and let the Rest lie waste; by which
Means they only pay Taxes for what they actually re-
ceive a Profit from.
The Reason assigned by you, why our Accounts of
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 267
the Province differ so much is, that I "see nothing
" but Affluence, and you see the Distresses of the Peo-
"ple." I know not whether you allude hereto my
Affluence, or to that of the Gentlemen of the Colony
with whom I am acquainted. If you mean the former,
I have only to say that if I do live in Affluence I must
at least spend among the People all I receive from
them, to which I presume they cannot have any Ma-
terial Objection. For so small is the Allowance to a
Governor in this Province (much below that of any
other of the King's Colonies) that considering the in-
creased Expense of Living, especially to one in that
Station, it is impossible for him to lay up a Farthing,
unless he lives in a Manner that must disgrace his
Commission. This the People, for their own Honour,
would not like I believe, even if they were in the dis-
tressed Situation you represent them. — The Truth is
Gentlemen, I found my Account of the Province on
Facts, which it is not in your Power to controvert. 1
know that there are but few People of great Fortunes
in it, but at the same Time I am convinced, that there
is a very considerable Number in Affluent Circum-
stances, and tho' there are here, as in every other
Country, some distressed Persons, yet the Bulk of the
Inhabitants are enabled to live well if they think
proper. It gives me Pleasure to see this, and so far as
I can contribute to promote their Welfare I shall do
it, as I always have done with the utmost Readiness.
It cannot be in any Way my Interest to overrate the
Ability of the Colony, or to do anything which may
increase it's Burthens, I may, with Propriety enough
call myself a Farmer of New- Jersey, and my Farm,
which is no inconsiderable one, must pay Taxes as
well as yours. It is here, if I return to a private Sta-
tion, that I propose to spend the Remainder of my
Days.
You do me great Injustice, Gentlemen, in suppos-
268 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
ing that I had any Intention to set your Conduct in a
bad Light with your Sovereign. No Governor, I be-
lieve, has ever taken more Pains to make an Assem-
bly appear to Advantage than I have done with re-
spect to you, whenever a proper Opportunity offered.
Of this I have the strongest Proofs in my Possession,
and some of them appear on your Minutes; and I still
hope, however we may differ at present, that I shall
have Occasion to do it again. Your Conduct indeed
at this Time does appear to me alarming, and I think
you are unnecessarily risquing the future Peace and
Happiness of this Colony. — I have no Motive in so
warmly urging your Compliance with the Requisition,
but what ought equally to influence you and your
Constituents. You have notwithstanding again re-
solved not to comply, and informed me that you are
desirous of being dismissed. I could not, however,
think of 'parting with you until I had given you my
free Sentiments on the Subject, that you might, if
you thought proper, communicate them to your Con-
stituents, and consult them on a Matter in which they
are so deeply interested, and which is really of as
great Importance as any Thing that ever came under
their Consideration. Tho' the Recess I can allow you
for this Purpose is but short, yet I shall hope it will
be sufficient for you to see the Expediency of receding
from your Resolution, and thereby restoring that Har-
mony which is so necessary to the publick Welfare.
William Franklin.
April 29, 1771.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 269
Instructions of the Freeholders of Hunterdon County
to their representatives' in Assembly, John Hart
and Samuel Tucker, adverse to the quartering of
troops in the Province.
[From New Jersey Historical Society Manuscripts, W. J., No. 30.]
For John Hart & Samuel Tucker Esq rs
We the freeholders of the County of Hunterdon
Province of West Jersey; to the Eepresentatives of
1 Jchn Hart, later one of the signers of the Declaration of Independence. " Born,
where or when, no man now appears to know, and whose handwriting many have
sought and few have found, in other form than on a Colonial note." — Col. T. B.
Myers, hi Hist. Mag., November, 1868, 230. John Hart was a son of Captain Ed-
ward Hart, who came from Stonington, Conn., early in the last century, and set-
tled at Hopewell, then in Hunterdon, now in Mercer county. He was said by a
granddaughter to have been born in Stonington.— Cooley's Early Settlers in Tren-
ton, 101-5. Captain Hart was a zealous Presbytertan, and recognized as such by
the dignitaries of the church.— lb., 104. The records of the Presbyterian Church at
Maidenhead (now Lawrenceville) show that John was baptized there by the Rev.
Jedediah Andrews, of Washington Square Presbyterian Church, Philadelphia,
"12th Mo. 21st, 1713."— Hist. Somerset and Hunterdon Counties, 818. Various
writers have interpreted this date to be December 21, 1713, overlooking the fact that
it is according to the " Old Style." As a matter of fact, by our present reckoning,
the date would be March 5, 1714. Mr. Hart was doubtless brought up on his father's
farm, and received little or no education, the few specimens we have of his manu-
script indicating an illiterate writer. He was a Justice of the Peace of Hunterdon
county in 1755.— lb., 258. He was elected in 17(31 to the twentieth Assembly, which
began its sittiugs April 7, 1761. — iV. J. Hist. Society Proc, May, 1850, 32; Allinson's
Laws, 238. Upon the dissolution of that Assembly, in 17G8, he was again elected a
member in June, 1768, and sat in the twenty-first Assembly, which first met Octo-
ber 10, 1769.— N. J. Hist. Soc. Proc, May, 1850, 32; Allinson's Laws, 342; ante, 33.
He continued a member of that Assembly until its dissolution, December 21. 1771.—
Post, Dec. 27, 1771. The minutes show that he was a staunch supporter of the
rights of the people during his ten years of service in that body. In 1774 he was a
Judge of the Court of Common Pleas of Hunterdon county.— Hist. Somerset and
Hunterdon, 257. But though thus holding an office at the hands of the Governor,
he did not hesitate to accept an election, July 8, 1774, by his fellow-citizens of Hun-
terdon, to the first Provincial Congress of New Jersey, and he presided at another
meeting, held for the like purpose, January 18, 1775. when he was chosen to the
second Provincial Congress.— Minutes Provincial Congress, etc., 1775-6, 14, 49. He
attended the sessions of that body in May anil again in August, 1775, being ap-
pointed on the Committee of Correspondence during the recess before the latter
session, and on the Committee of Safety afterwards, serving during 1776-7. He was
re-elected to the Provincial Congress in September, 1775, and sat in the October
370 ADMIN I. ST RATION OF GOVERKOB FRANKLIN". [1771
said County appointed to meet att Burlington with
the other Representatives of said Province on the 28 tb
day of May Anno Domini 1771 — Greeting.
Gentlemen
Whereas we understand his Excellency the Gover-
nor has adjourned the House of Assembly in order to
Consider further on divers Affairs presented to the
House last Session; In which Interval the Members
•might have an Opportunity to Consult their Con-
session of that year, and in January and June, 1776, being named on important
committees, among other duties imposed on him was that of signing his name to
the reams of paper money issued by the Provincial Congress. On June 15, 1776, lie
was elected Vice-President, and one week later was elected one of the five delegates
to the < 'ontinental Congress.— Minutes. He and his colleagues arrived at Philadel-
phia in season to affix their names to the immortal Declaration, on July 2, 1776. In
the selection of a new delegation of Congressmen November 30, 1776. Mr. Hart and
Francis Hopkinson were omitted, for what reason does not appear. In August,
1776, Mr. Hart was elected to the first Assembly under the new Constitution, and on
the meeting of that body, August 23, he was unanimously elected Speaker, which
office he held by successive elections during 1776, 1777, and the first session of 1778,
being annually re-elected from his county, until compelled by failing health to re-
tire from active life. Owing to his prominence he was hunted by the British and
the Tories with peculiar ferocity when the enemy traversed New Jersey in Decem-
ber, 1776, but he never faltered in his loyalty.— Cooley, 105-6; Lives of the Signers,
by Sanderson, Goodrich, Lossing; Hist. Collections of N.J. , 262; Governor Parker's
Oration, July 4, 1865. Under date of " Princetown, November 25th. 1777," while
Speaker of the Assembly, Mr. Hart addressed this note to Governor Livingston :
" Sir, The House of Assembly Request that your Excellency Direct Mr. Collings
ICollinsl to print fifty Coppies of the Law for purching Cloathing for the New-Jer-
sey Redgment and transmit the same to your Excellency as soon aspossable. 1
am Sir Youre Humble Sevant John Hart. To his Excellency William Liveing-
ston."— Sedgwick's Livingston, 192. Mr. Hart paid his dues to the Pennington
Presbyterian Church as late as 1769, but gave the Baptists in 1771 a deed for the
plol 'hi which their church had been erected in 1747.— Cooley, 110; Edward's Hist.
Baptists, II., 15. He died May 11. 1779, al his home in Hopewell. In 1805 the New
Jersey Legislature caused a monument to be erected to his memory, <>n which oc-
casion Governor Joel Parker delivered an eloquent and impressive address, in the
course of which he said: " Upon a careful examination of the history of New Jer-
sey during and immediately preceding the Revolutionary War, I am of opinion that
John Hart had greater experience in the Colonial and State Legislation of that day,
than any of his cotemporaries; and that no man exercised greater influence in
giving direction to the public opinion which culminated to independence." — Ora-
tion, 18. The monument follows the biographical compilers in giving the date of
Mr. Hart's death as 1780. But in this, as in many other particulars, the compila-
tions err. Mr. Hart's will was proved May -J.'). 1779. Governor Parker's Oration,
Appendix, 26.
Samuel Tucker was born in 1721, and at an early age enlisted in mercantile
business al Trent. hi, then in Eunterdo mt\.i \t ending his operations occasion-
ally b> New England and theWesl Indies, and soon establishing a reputation as a
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 271
stituents. — We therefore without the least Defection
in our Zeal for his Majesty, or desire to promote Con-
tention between the Different Branches of the Legisla-
tive Body in this Province, yet desirous that our Lib-
erties may be secur'd to us, do agree with the Resolu-
tion taken by the Assembly at their last Setting; and
approve the Reasons given to* his Excellency for not-
Complying with the Several Requisitions made respect-
ing Incouragement for the Augmenting his Majesty's
Regular Troops in this Province and Granting supplies
" man of good understanding, a man of probity and veracity."—^. J. Archives,
VII., 637, 640. He was a Justice of the Peaee of Hunterdon in 1767.— Hist. Somerset
and Hunterdon, 258. He was also Sheriff of the county, probably between 1762 and
1767.— lb., 258; Field's Provincial Courts, 170. In 1768 he was elected with John
Hart to represent Hunterdon, Morris and Sussex counties in the twenty-first As.
sembly.— N. J. Hist. Soc. Proc, May, 1850, 32; Allinson's Laws, 70, 109, 195, 314. He
at once took an active part in the attempt made to reform the practice of the law,
and thereby drew upon himself the attention of the lawyers, who upon investiga-
tion found that he had himself charged excessive fees while sheriff.— Field, 170.
Nevertheless, he was elected in 1772 to the twenty-second Assembly, and during
the next three years was exceedingly zealous in promoting the American caus e
against British aggressions. He sat in that Assembly until it was prorogued for
the last time, December 5, 1775. In the meantime he was Chairman of the Hunter-
don county meeting, July 8, 1774, which appointed delegates, himself among the
number, to the first Provincial Congress of New Jersey, held for the purpose of
choosing delegates to the Continental Congress, and was likewise chosen January
18, 1775, to the second Provincial Congress, held for the same purpose. He had
been appointed by the Assembly, Februa^- 8, 1774, on a Committee of Correspond-
ence. When the Assembly was prorogued, May 20, 1775, Mr. Tucker stepped into the
Provincial Congress three days later, and was made Vice-President, May 25, and
when that body adjourned in August, he was named as a member of the Committee
of Safety, to sit during the recesses of the Assembly, in which position he was con-
tinued from time to time subsequently for a year and a half. He was elected
President of the Provincial Congress, October 4, 1775 (whence he was often styled
" Governor " Tucker), and again June 11, 1776, and as such President had the honor
of affixing his official signature to the first Constitution of New Jersey, July 2, 1776,
although in the preceding November the Congress over which he presided had
declared its " detestation " of "sentiments of independency." In February, 1776,
he was elected one of the two Treasurers of New Jersey. On September 4, 1776, the
Legislature, elected under the new Constitution, appointed Mr. Tucker to be Second
Judge of the Supreme Court, at a salary of £100.— Mi nutes, passim. On opening
the Burlington Courts, November 13, 1776, the Grand Jury " addressed " him after
the old-country fashion, congratulating him on his appointment, and declared:
" We have no doubt of your integrity and assiduity, and can only wish your country
had called you to so important an office in times less perilous and dangerous. But,
Sir, let the peril' and difficulty of the times be a criterion to distinguish who are
real friends to their country, and who are not."— 5 American Archives, III., C62.
These words would appear profoundly significant, in the light of events during the
next three weeks. On December 9, the State chest containing money and other
valuables, which Treasurer Tucker had sent away from Trenton to keep from fall-
272 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
towards their Support. Moreover we your Constitu-
ents Subject these following Queries to your further
Consideration.
I s . 1 Whether to have the King's Troops stationed
among us in Time of Peace is Constitutional and
Agreeable to our Rights and Priviledges ?
2" d Whether they are or can be of any use to us, or
whether any proper Officer of this Government has
the Command of them in any Case of Immergency ?
3 r . d Whether Regular Troops does not spread Vice
and Immorality -in a Country where they are main-
tained in idleness ?
•i th Is it Consistent with Honour and Justice to Sup-
port those who do us no Service \
5 th Whether there is not Danger that a Military
Power may in Time interrupt the Proper Influence
and Management of Civil Administrations ?
ing into the hands of the advancing British, was captured by the enemy, and on
the 14th he was himself taken prisoner, and held until he could obtain a " protec-
tion" from Col. Rail, the Hessian commander. Governor Livingston was much dis-
pleased with the whole affair, especially with Tucker's apparent cowardice, and
the Legislature was reluctant to release him from responsibility as Treasurer. His
taking a British "protection," too, lessened the respect his friends had pn\ ioush;
entertained for him, and forced his retirement from public life. — Minutes, passim;
HalVs Pres. Church, Trenton. 274; Field's Provincial Courts, 169; Elmer's Remi-
niscences, 265; Gordon's N. J., 237. Nevertheless, he retained a good position in the
community, and in the ensuing September, John Adams records thai he " lodged
at Mr. S. Tucker's, at his kind invitation."— Works, II., 438. From 1766 to 1788 he
was a trustee of the Presbyterian church at Trenton, being clerk of the Board
most of the time.— HalVs Hist., 200. He died January 1 1, 1789, aged 07 years. '■'•
months and 19 days.— 16., 203. His letters and addresses, published in the Ameri-
can Archives, and elsewhere, show that he was a man of superior ability and
scholarship, and that lie had the confidence and esteem of Washington and other
principal men of the day. While in the Provincial Congress he favored an act
for the more easy manumission of slaves, and lie showed the earnestness <> I' Ids
views "ii thai subject by providing in his will tor the freeing of his slaves, on cer-
tain prudent conditions Hall, 203.
II is related that om-e when Tucker and Hart were both candidates for the Assem-
bly from .>iil Hunterdon and its dependent counties, the latter was supported by
the Presbyterians, and Tucker by the Episcopalians, Methodists and Baptists.
"Duringthe first two days of the election Harl was ahea I, bu1 on the third, one
aecoming up with a strong reserve of Church-of-England-men secured
Tucker's return. A wag observed thai the Judge was not unlike the Witch of
Endor, for H was clearthal he had raised Samuel." Sedgwick's Livingston, 148.
[f this incident occurred il must nave been in 1772, as in 1761 Hart was su< ssful.
In 1709 both men were elected, and in 1772 Tucker was chosen. |\V. N.|
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 273
We think Gentlemen the Consideration of these
Things with what you have already urged will Con-
strain you to abide by your former Resolutions, and
that you will Continue to make the Ease, Safety, In-
terest, and Morals of this P[rovince the] Subjects of
your Zealous Attention.
Signed by the Freeholders of Hunterdon May 1771.
Signers
Hezekiah Stout Joab Houghton
[Moses] Hart Henry Van Kirk
Will m Sherd Andrew Stout
Nehemiah Saxton James Mattiven
Nathaniel Stout Abraham Stout
Benjamin Stout W? Chamberling
W? Bryant.
Order of Council, appointing Daniel Cove a member
of the Council of New Jersey.
[From P. R. O. B. T., New Jersey, Vol. 10, L. 34.]
At the Court at S t James's the 1 st Day of
May 1771.
Present
The Kings most Excellent Majesty in Council.
Whereas there was this day read at the Board a
Representation from the Lords Commissioners for
Trade and Plantations Dated the 26!!! of last Month,
Setting forth, that John Ladd Esquire one of his
Majesty's Council for the Province of New Jersey being-
deceased, and Daniel Coxe Esquire having been recom-
mended to the said Lords Commissioners as a Person
well Qualified to serve his Majesty in that Station they
18
274 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
therefore humbly propose that he may be appointed
of his Majesty's Council for the said Province in the
Room of the said John Ladd Esquire deceased — His
Majesty in Council Approving thereof, is Pleased to
Order, as it is hereby Ordered that the said Daniel
Coxe Esquire be constituted and Appointed a Member
of His Majesty's said Council in the Province of New
Jersey in the room of the said John Ladd Esquire de-
ceased And that the Right Honble the Earl of Hills-
borough one of His Majesty's Principal Secretaries of
State do cause the usual Warrant to be prepared for
His Majesty's Royal Signature.
Letter from the Earl of Hillsborough to Governor
Franklin, relative to the dispute with Spain, lite
Indian trade, etc.
[From P. R. O. and West Indies. Vol. 176 (194).]
Whitehall 4? May 1771.
Gov 1 ' Franklin
Sir,
I have rec ( ! your Dispatch N" 25, & have laid it before
the King.
His Majesty has no Doubt of your Attention to the
Security of the Colony under your Gov?, & of the Dis-
position of His faithful Subjects in New Jersey to con-
cur with you in every Measure that would have been
necessary for putting it into a State of Defence, in
case the Issue of the Dispute with Spain had been con-
trary to His Majesty's Expectation.
The little Connection which you state to exist between
New Jersey & the Indians, will plead in excuse for the
Assembly's not entering so zealously into the Consid-
eration of that Business as the nature of it seems to
1771J ADMINISTRATION OF GOVERNOR FRANKLIN. 275
require from other Colonies under different Circum-
stances.
I am aware of the Difficulties that will attend mak-
ing any general Regulation for the Indian Trade, while
it is to depend upon the Concurrence of different Col-
onies having different Views & Interests; & in agree-
ing in Opinion with you, that this is not the only In-
stance by many which evinces the absolute Necessity
there is, for the sake of the Colonies themselves, of a
general superintending Power over all the British
Dominions in America, I cannot but lament the Ob-
stacles which have been unhappily thrown in the way
of the just Exercise of such a Power.
The Acts & Journals of the Legislature have been
laid before the' Board of Trade, & also your Recom-
mendation of M r Coxe, & M" Lawrence, in consequence
of the Vacancy in the Council, by the Death of Mr
Ladd; & I have the Satisfaction to acquaint you that
His Majesty has been pleased, in consequence of the
Recommendation of that Board, to approve of M- Coxe
for that Station.
I am &c a
Hillsborough.
Letter from Gov. Franklin to the Earl of Hillsborough
relative to the Complaint of John Hatton, and
transmitting copies of papers connected therewith.
[From P. R. O. America and West Indies, Vol. 176 (194 hi
Burlington, May 19* 1771
The Right Hon ble the Earl of Hillsborough.
My Lord,
Inclosed I send your Lordship a Copy of the Minutes
of the Privy Council of this Colony, from the S l . h of
January to the 26 1 ! 1 of March, a great Part of which is
276 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1771
taken up with an Enquiry into a Complaint made by
John Hatton, Esq. Collector of His Majesty's Customs
for the Port of Salem, against some Justices of the
Peace living at Cape May. This M- Hatton is the
same Person mentioned in my Letter to your Lordship
of the 25*? of Aug st 1708, N. 11, and in the Minutes of
the Privy Council sent with my Letter N. 6. — The
Council, after a strict and impartial Examination of
the Parties, were unanimously of Opinion that there
was not the least Foundation for his Complaint against
the Justices. I need not trouble your Lordship with
any Recital of Particulars here, as they are so fully
set forth in the Minutes, and in the Copies of sundry
Papers sent herewith. — I was in hopes that the Com-
missioners at Boston would before now- have removed
this man from his Office, as they have had the strong-
est Proofs of his Unfaithfulness in the Execution of
it, ever since June 17<> ( .», as your Lordship will see by
the enclosed Copy of the Report of the Inspector Gen-
eral. What Reasons they may have for continuing
him in Office I know not, as they have not yet thought
proper to return any Answer to my Letter of the 10*?
of April last, a Copy of which is among the enclosed
Papers.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's
most obedient & most humble Servant
W* Franklin
Copies of sundry papers relative to Mr. Hatton's com-
plaint against the Justices of Cape May, in New
Jersey.
[From 1*. R. O, America and West Indies, Vol. 176(194).]
Some Notes and Observations made by the
Dep? Secretary of New Jersey, on the Com-
plaint of John Hatton Esqr Collector of
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 277
Salem, against three of the Magistrates of
Cape May, after the Examination of the
Parties before the Governor & Council, ex-
plaining more particularly several Matters
either omitted or but slightly ment d in the
Minutes of Council on that Subject.
There is very little of W- Hatton's Complaint that,'
if true can affect the Magistrates of Cape May; — the
Transactions in which he and his Son received the In-
jury, being entirely without their Jurisdiction. It
may be reduced to the following Heads
1. Their sending their Warrant for him on the Oath
of Hughes.
2. Their sending their Warrant for his Negro on
the same Foundation, and committing him after Ex-
amination.
3. Refusing to admit the Negro to Bail.
4. Demanding Surety of the Peace of W Hatton, on
the Affidavit of Mills, —on which they took his own
Recognizance.
5. Demanding the like Surety from the Negro, &
committing him to Prison for want of Security.
In all which Transactions it does not appear that he
was under any Kind of Restraint more than for a few
Hours, and that from absolute necessity, and not at a
Time when the Duty of his Office required his Attend-
ance. But even if it had interfered with the Revenue,
the Cause of this Restraint was of a higher Nature; —
for whenever the Kings Peace comes in Question, all
Civil Matters must give Way to the Enquiry. In the
4 th Paragraph of his Complaint, M" Hatton calls the
Charge against his Negro a Pretence, and says "the
Oath of Hughes was only invented to distress him
and his Family." If the Oath was invented by the
Magistrates for that Purpose, it was undoubtedly
278 ADMINISTRATION - OF GOVERNOE FRANKLIN. [1771
highly Criminal in them. But can it be supposed that
they could induce Hughes to perjure himself to fur-
nish such a Design ? What Motive could they have
for wishing to distress him \ They were not interested
in the Goods seized, nor could he affect their Interest
by any Seizures —They were not in Trade, nor had
they any Property that could be affected by the Reve-
nue Laws. On the other Hand they had lived on
Terms of good Neighbourhood with the Collector:
The Magistrate who administered the Oath to Hughes
had, as he acknowledges shewn him particular Acts
of Civility, But on Hughes's offering to make such an
Oath, the Magistrates would have been Criminal in
omitting the Enquiry.
The 5 Par. charges the Magistrates with "sending
' ' five Men to his House and taking him out by Force
" thro' heavy Rain, tho' he was exceeding ill and dan-
"gerously wounded." The Magistrates, to make it as
easy as possible to M^ Hatton, convened at the House
of his nearest Neighbour, at a considerable Distance
from their own Houses, and did not order Force to be
used untill they found other Measures ineffectual; and
it was proved to them by the Man at whose House
they were, that he had been riding about with him
most of the Day in the same kind of Weather and the
Constable (by whom they had received a Message from
M 1 .' Hatton rather disrespectfull) reported to them that
he was not so ill as to be in any Danger from coming
out.
The Arrogance and Rudeness with which he charges
the Magistrates, was no more than the Language they
thought it necessary to use to restrain him from in-
sulting them in the Duty of their Office when he ap-
peared before them, charged on Oath as a Criminal.
The £500 Security he offered for his Negro, was no
other than his own Recognizance in that Sum. which
they did not think a sufficient Security; nor did they
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 279
think the Negro Bailable had the Security been ever
so good. The Secretary's Letter contained no more
than his Advice to admit the Negro to Bail if they
should think it legal so to do from the Circumstances
of his Case, of which they were then the sole Judges.
The Justices had seen the Governor's Proclamation
before, and did not think it necessary to read it in the
presence of M r Hatton, especially as it did not relate
to what was then required of them.
Par. 6. Hughes, in the mean Time, had procured a
Writ of Habeas Corpus, and was admitted to Bail by
the Hon! Charles Read Esq- one of the Justices of the
Supreme Court, and Collector of His Majesty's Cus-
toms for the Port of Burlington, by which he was in-
titled to his Liberty. But the Justices of Cape May
did not think they had Power to admit him to Bail,
tho' he was committed for a Crime of a less Nature
than the Negro stood charged with.
Par. 7; By the Complaint in this Paragraph, one
would imagine Mills was one of the Persons pointed
out in the Proclamation as being concerned in the Res-
cue of the Pilot Boat. But the fact is otherwise.
Mills is not mentioned in the Proclamation in the
Light of a Criminal, nor was he at all concerned in
the Affray. Mr Hatton did influence the Printer to in-
sert, under the Proclamation, an Advertisement, signed
by himself, offering a Reward for apprehending Mills;
but he seems not to have been very desirous of hav-
ing him taken up, as he declined making any Affidavit
before the Justices which they thought would be a
proper Ground for issuing a Precept against him.
Par. 8 & 9. These Warrants against M r Hatton &
his Negro, were grounded on Mills's Affidavit, and his
demanding Surety of the Peace against them. Prom
his going voluntarily before the Justices to make this
Affidavit, it should seem that he did not fly from Jus-
tice, and that he had at least as much Reason to be
280 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
affraid from the Threats of M r Hatton, as the latter
could haye from his Menaces. Mr Hatton insinuates
that he wore Pistols in his Pocket, and he charges
Mills with carrying a Club, they had quarrelled, and
probably mutual Threats had passed. On Binding
both Parties to their good Behaviour, the Judges
obliged Mills to find a Bondsman, but from M r Hatton
they took no other Security than his own Recongiz-
ance, which, if it can be called Partiality at all, was in
his Favour; tho' by the Words of his Complaint, a
Stranger to the Fact would imagine they obliged him
to procure a Bondsman.
Par. 12 & 15. The Threats of Destruction to any who
should give M 1 .' Hatton any Assistance, appear no where
but in the Complaint: the Magistrates deny any knowl-
edge of it. And, indeed, all his Fears of Injury to his
Person or Property appear to be chimerical and with-
out Foundation. His Informations have chiefly come
by his own Servants whom he sent out as Spies for
that Purpose; and some of the People, knowing their
Design, have dropped Expressions on purpose to fur-
nish them with a Tale, that they might have an Op-
portunity to laugh at the Effects of his suspicious Dis-
position. Par. 13 & 14. are fully answered in the Min-
utes of Council.
The Complaint of the 26 th Jan. begins with an impu
dent Falsehood. No such Promise w r as ever made to
him; on the Contrary the Governor repeatedly told
him that he could not, consistent with the Royal In-
structions, deprive a Justice of his Office, but with the
Advice of the Council, which could not be expected
'till after a Hearing. His Complaint against the Mag-
istrates, after his Answering a few Questions in Expla-
nation of some Parts of it, afforded but a slender
Foundation for calling upon them to answi r it, much
less to suspend them without a Hearing.
He charges one of the Justices with pursuing the
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 281
Constable, to know what Witnesses he had sum-
moned, and tampering with such as he could influ-
ence. — The Fact appears thus,
Justice Whilden happened to meet the Constable at
the House of one of the Witnesses sent for by M r Hat-
ton, but did not know the Constable's Errand there,
nor speak to the Witness on the Subject; nor did he
ever, as he declared on Oath, signify the least Desire
that any Person should decline testifying the whole
Truth in Behalf of M r Hatton. The Collector had sent
his Negro to dog the Justice, who seeing him go into
this House where the Constable was, and continue
there for some Time, returned and told his Master of
it — and his Imagination supplied the Rest.
Mr Hatton says he was more likely to be insulted
than to obtain Justice, when he had his Witnesses
before the Justices to be sworn, and refers to a Certifi-
cate of the two Justices as a Proof of it.— This Certifi-
cate amounts to no more than this, That two Persons
brought before the Justices refused to swear [which
they had a Right to do] and that M r Hatton's Son hav-
ing written something for one of them to swear to,
the Man put the Paper in his Pocket and refused to
return it.
It must be observed that M r Hatton procured the
Depositions of twelve other Persons respecting the
same Transactions; and it is remarkable that these
Depositions are all drawn up in the Hand Writing of
M r Hatton & his Son, and in such Parts of them as
relate to the Conduct of the Justices, particular Words
and Expressions are selected, which, standing by them-
selves, may sometimes appear to have a Meaning totally
different from the real Sense of them when connected
with what was said before and after them.
M r Hatton concludes his Address in Language that
would excite Compassion in the Breast of a Savage —
if the Facts asserted in it were true
282 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
' ' I have left my Wife at the Point of Death thro'
" Fright, My only Child wounded and a Cripple, And
" my Servants trembling thro' Fear: And I obliged to
" quit my Family and Office And to travel thro' snowy
" Desarts, All by Reason of the Power and Actions of
"James Whilden, Thomas Learning & John Leonard
" Esquires."
From all that has appeared concerning this Matter,
so far as I have been able to discover, he might with
as much Truth, have inserted the Names of the Com-
missioners of the Customs, or the Directors of the East
India Company, as the Justices of Cape May. For
except that he was twice sent for by the Magistrates
on criminal Accusations, which took up but a very few
Hours of his Time, he seems to have been as much at
Liberty, and as free from Obstructions from the Mag-
istrates and all other Persons within their Jurisdiction
as any Man in the Country.
In his Remonstrance of the 20 t . h of February he
charges " the greatest Part of the People of the Coun-
ty" with being " Smugglers, boasting the Sweets of an
illicit Trade, and depending on the Magistrates for Sup-
port in their Villany."
M r Hatton has resided among them for some Years
past and been particularly intimate with them, in all
which Time he has made no Complaint of an illicit
Trade being carried on amongst them, nor has he now
pointed out any Instance of Smuggling, or shewed any
Circumstances to induce a Belief that there has been
any of that Business carried on by the People of Cape-
May. The Bulk of the People and all the Magistrates
of whom he has complained, are Farmers, unac-
quainted with Trade, and accustomed to a retired and
peaceful Life. That there may have been Smuggling
carried on from onboard the Ship he mentions, is very
probable; and it is beyond a Doubt that M r Hatton
and his Son were much beat and wounded onboard
1771] ADMINISTRATION" OF GOVERNOR FRANKLIN. 283
the Pilot Boat by Seamen belonging to the Ship — but
it is not even alledged that the Magistrates of Cape
May were privy to it, or gave any Countenance to the
Perpetrators of it. Hughes, the only Person, except
the Sailors, who was in the Affray, was taken up by
the Magistrates and committed to Prison as soon as he
came on Shore; and, notwithstanding the Violence of
M- Hatton's Accusation, the Magistrate before whom
he was examined, alledges that Hatton and his Son
acknowledged, on their first coming on Shore, that they
had intreated Hughes, during the Affray, to moderate
the Fury of the Sailors & to save their Lives, and that
Hughes had interposed in their Behalf. The Truth I
believe is, that M r Hatton being disappointed of the
Prize he had taken, was determined to turn his Wounds
to some Account another Way. He seems to have
had it in View, from the Beginning of his Quarrel, to
provoke the Magistrates into Acts of Indiscretion, that
might wear the Appearance of Persecution; and strives
to ground all their Transactions against him, on a Set-
tled Dislike to his Office, as one that the People wish
to be entirely rid of. He wants to induce a Belief in
his Superiors that he is persecuted for a strict Adher-
ence to his Duty, which he doubts not will procure
him Preferment. It is not the Office but the Officer
that is unpopular in the Province. He ascribes to
himself the Attributes of Majesty, and considers him-
self as out of the Reach of the Laws — that his Person
and his Servants are sacred, and not to be called to
Account for even the most attrocious Crimes; — that
his very Potatoes are to be treated with so much
Respect, that a Servant employed in gathering them,
must not be arrested tho' charged on Oath with a
Design against the Life of a Subject ! It is by no
Means strange that a Mind under the Influence of
such Ideas should, on the other Hand consider the
People of the Country as in a State of Rebellion, dis-
284 ADMINISTRATION OF GOVEKNOR FRANKLIN. [1771
regarding all Laws but such as they can exercise to the
Oppression of his Majesty's Officers, and carrying on
an illicit Trade in open Defiance of them, and that he
should ascribe to the Magistrates against whom he
complains, an unbounded Influence over the Bulk of
the People, and a more arbitrary Exercise of Power
than the Bashaws of Turkey could ever arrive at.
Some Notes taken by the Dep? Secretary on the
Examination of John Hatton Esq?" bef< >re
the Governor & Council. Feb r 23, 1771.
John Hatton Esq- being examined by the Governor
in Council says.
That he resides in Cold Spring in the County of
Cape May 50, or 60 Miles or more from Salem, — that
he does not know how far it is from Cohansie, — does
not know where Cohansie is, — believes it is in Cum-
berland County — it is not in Cape May. Does not
know any Place called Cohansie, but knows a Creek
or River of that Name.
Saw Inspector Williams, who was down at Cape
May twice; saw him there but once being from Home
the other Time he came down. M'. Williams borrowed
Hatton's Book of Letters and returned it to him.
Knows a Person of the Name of Murch who is a Geu-
tleman, — believes he was a Merchant, — was ac-
quainted with him, — received several Letters from
him, bnl never sent any one of his Leilas to the Com-
missioners. Does not recollect receiving any remark-
able Letter from Murch characterising the People of
I his Province. Does not know that he, Murch, was
ever taken up by a Magistrate or committed to Prison.
Since Murch went to England has rec? a Letter from
him (last Fall or Summer) requesting he would pro-
cure him a Certificate of the safe landing of some Tea
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 285
he had to Philadelphia consigned to one M 1 .' Boyd to
sell. Is very clear he never sent a Copy of a Letter
from March, to the Commissioners.
Some Notes taken by the Dep? Secretary on the
Examination of John Hatton jun? Febr 23?
1771.
John Hatton jun!' examined by the Governor &
Council, on Oath says
His Father resides at Cold Spring in the County of
Cape May, — knows Salem, — has been there, but does
not know the Distance they are apart, — never trav-
elled that Eoad,— it is above 5 Miles,— not 100,— nor
80,— has heard it is about 60, or 70 Miles. Remembers
M'.' Murch, an Englishman, Christian Name John he
thinks, — does not know his Occupation, — heard he in-
tended to purchase Lands, but that he did not pur-
chase any, — has seen him at his Father's House, — M r .
Murch wrote several Letters to his Father, one of
which he remembers characterises the People, but
does not remember what Character it gave,— believes
he may have copied this Letter — [Objects to answering
such questions as reveal his Fathers Secrets] After-
wards says, his Father did transmit a Copy of the
Letter to the Commissioners; this Letter declared
Murch did not choose to purchase Lands in such a
Country. Remembers there was something about the
Governor in it, — is certain it was wrote by Murch. —
does not know how the Letter came to the House, but
saw it after it came.
Never was at Cohansie,— does not know how far it
is from his Fathers House.
286 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Copy of a Letter from the Commissioners of
the Customs, to Governor Franklin
His Excellency Governor Franklin
Sir
M r Hatton Collector of Salem & Cohensy having
represented to us that in the Month of November last
a large Ship called the Prince of Wales, Captain Craw-
ford, arrived in Delaware Bay either from London or
Liverpoole w hich Ship was met by several Pilot Boats
(and as he had been inform'd) were employed to re-
ceive sundry Contraband Goods from on board said
Vessel, that he attempted to go on board of her, but
that they manned their Sides with Guns &c and
threatened to Murder him, that he had made Seizure
of one of the Pilot Boats, having some of those Goods
on board, which was afterwards rescued out of his
Hands by a number of Persons in a Barge belonging
to the Ship, upon which Occasion, be, his Son and a
Negro Servant, were treated in a most barbarous man-
ner, greatly wounded and with great difficulty got on
Shore. That his Son was, afterwards met by a num-
ber of Sailors at Philadelphia, tarr'd and feathered,
put in the Pillory, dragged by a Rope through the
Water and left in such a Condition that his Life was
despaired of— We thought it necessary to transmit
Copies of the several Papers, laid before us, for the
Information of the Lords Commissioners of His Ma-
jesty's Treasury. We have since received further Ac-
counts from M'" Hatton complaining of the Conduct of
the Magistrates, & of Distresses & Embarrasments
which have appealed to us to be most extraordinary
and in some Instances improbable, but as he informs
us that your Excellency had issued your Proclamation
and that the matter was to be heard before your Ex-
cellency and your Council on the 21"! of February, We
should be glad you would be pleased to acquaint us
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 287
with the Result of this Enquiry, that we may be able
to form a true Judgement of the Conduct of our
Officer.—
We are with great Regard Sir
Your Excellency's
Most Obedient humble Servants
Hen. Hulton
W M Burch
Benj. Hattowell
Custom House Boston 26 th March 1771
Copy of a Letter from His Excellency Gover-
nor Franklin to the Commissioners of His
Majesty's Customs at Boston
Burlington April lo, 1771.
Gentlemen,
I Yesterday received your Letter of the 26*? of
March, and am much surprized to find that M r Hatton
has not acquainted you with the Result of the Enquiry
made by the Governor & Council into his Complaint
against the Magistrates of Cape May, as on the 25 t . h of
Feb'. y he obtained a certified Copy of all the Minutes
& Proceedings relative to that Matter, which he said
was to be immediately transmitted to you, agreeably
to the Orders you had before given him. However as
it appears by your Letter that you have not received
them, I have directed the Secretary to make out
another Copy, which I send enclosed; together with
a Copy of sundry Notes & Observations made by him,
explaining more particularly several Matters relative
to Mr. Hatton's Complaint, which are either omitted,
or slightly mentioned, in the Opinion given by the
Governor and Council. By comparing these with the
several Paragraphs of the Complaint, as numbered
288 ADMINISTRATION OF GOVERNOR FEANKLIN. [1771
you u may be able to form a true Judgement of the
Conduct of your Officer."
The Representation MV Hatton has made to you of
the ill Treatment that he, his Son, and Negro, received
from a Number of Seamen belonging to the Ship
Prince of Wales, in Delaware Bay, on account of his
having seized a Pilot Boat, suspected to have some
Contraband Goods on Board belonging to said Ship,
and of the barbarous Usage which his Son afterwards
received of them and a Number of others at Philadel-
phia may, for aught I know, be very just. They were
Transactions entirely out of the Jurisdiction of this
Government, and which I have had no Opportunity of
enquiring particularly into. But as to his Complaints
against the Conduct of the Magistrates, and of the
Distress which they have occasioned him, I do take
upon me to say they are entirely false and malicious.
Altho' I have long had a very bad Opinion of M r .
Hattoirs Principles and Disposition, yet as he ap-
peared before me with several Wounds, which he said
he had got on board a Pilot Boat, from some Irish Sea-
men, when doing his Duty, and told me a melanc holly
Story of the ill Treatment he had received from three
of the Justices, I was moved to give some Credit to
his Assertions. Accordingly I issued a Proclamation
for apprehending the Persons concerned in the Affray,
in Case any of them should appear in this Province,
and afterwards sent Orders to the Justices to appear
before me in Council on the 21 s ? of February, which
(as they and most of the Gentlemen of the Council
lived at a great Distance) was as soon as they could
be well got together. I besides advised him to apply
to the Governor of Pennsylvania for a like Proclama-
tion, and to obtain the Chief Justice's Warrant for
searching all suspected Houses & Places in Philadel-
phia, at which City the Seamen were at that Time.
He was likewise advised by the Attorney Gen! to ap-
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 889
ply to the Court of Admiralty, where only the Offence
was properly cognizable. Neither of which he did, as
I have heard. On the contrary, he has done but little
else but ride about the Countiy, taking a Number of
unnecessary Journies to Philadelphia, Burlington and
Amboy, with an Expectation, as I suppose, of receiv-
ing a handsome Allowance out of the Eevenue for his
Trouble and Expences, on pretence that he was en-
gaged in what his Majesty's Service absolutely re-
quired.
The Day fixed for the Hearing, and some Days both
before and after, happened to be the severest Weather
we had during the Winter, yet several of His Maj-
esty's Council and the King's Attorney, tho' they had
between 60 & 70 Miles to Travel, gave their Attend-
ance & spent with me near three Days in hearing the
Parties, and enquiring into the Affair, when they gave
it as their unanimous Opinion, that there was no just
Foundation for any of M r Hatton's Charges against
the Justices. — The Particulars of his Complaint, and
the Opinions of the Council and Attorney General, are
set forth at large in the Minutes. I could not but con-
cur with their Sentiments, as the Facts in favour of
the Justices were, indeed, too evident to admit of any
Hesitation in the Matter.
MV Hatton appears to be a Man of a very unhappy,
violent Temper, sometimes bordering on Madness, so
that it is impossible that he can live long in Quiet with
his Neighbours. He has extravagant Notions of his
Power and Importance as a Collector of the Customs —
insists upon great Homage and Deference being paid
him by the Country Magistrates — tells them he is ex-
empted from paying Taxes out of England — & that he
has it in his Power to get the Governor Council, Chief
Justice, Attorney General, and every Officer of Gov-
ernment removed, if they should at any Time refuse
to do as he would have them. In short, there is noth-
19
290 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
ing so absurd & outrageous, that he has not shown
himself capable of saying or doing, on which Account
I have had more Trouble with him than with all the
other People in New Jersey. Besides, he has got a
Notion in his Head, that by making a great Clamour
against the Inhabitants of this Province, representing
them all as concerned in Smuggling, in Combination
against him and his Authority, and that he is suffer-
ing from his active Zeal for his Majesty's Interest, he
shall make himself a Man of Consequence with the
Commissioners of Customs, & through them get pre-
ferred to a better Collectorship. In this I should most
heartily wish him Success, so that it was any where
out of this Colony, were I not well assured that he has
been unfaithful in his Trust, and strongly connected
with some of the most noted Smugglers in Philadelphia,
and with the only Person in all his District who is sus-
pected to have any Concern in such illicit Practices. Nor
indeed, have I the least Doubt, if the People on board
the Ship and Pilot Boat had offered him Money instead
of Blows, when he first came to them, but that he
would readily have accepted of it, and left them to pur-
sue their Measures without any Disturbance from him
whatever.
I do not, however, expect that the Opinions of the
Governor, Council, Attorney General »te Secretary, now
transmitted to you, will have much Weight with you,
Gentlemen, or make you think the worse of the Con-
duct of your Officer. My Reasons for this I shall tell
you candidly, that if I am in the Wrong in any of
them, you may set me right. They are
I s - Because you paid so little Regard to the Opinion
of the Gov!' and Council, in the Year 1 768, on a former
Complaint of the same kind, that you thought it nec-
essary to send to me for " Copies of the several Affida-
vits and other Materials upon which it war; grounded:
thereby shewing that you either believed us to be in
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 29l
competent Judges, or doubted the Justice of our Decis-
ion, and were therefore determined to make a fresh
Enquiry into the Matter Yourselves.
2 C ? Because I am credibly inform'd, that so far from
blaming or censuring Hatton for his extraordinary
Conduct at that Time, you even gave him Marks of
your Approbation, complimenting with a Place in the
Customs, an infamous Fellow whom he then sent to you
with his groundless Complaints. I call this Fellow
(whose Name is Clark) infamous, because he appeared
evidently, both to the Council and me, to be determined
to swear thro 1 thick & thin, in favour of Hatton, and
contradicted himself so often in the Course of his Tes-
timony, that several of the Council declared that they
thought he ought to have been committed to the Goal
for Perjury.
3 C ! Because your own Inspector General of the Cus-
toms (who was particularly directed by you to enquire
what Foundation there was for M r Hatton's Complaint
at that Time) not only represented to you, in his Re-
port or Letter of the 17 th June 1769 that the Disputes
Hatton had with the People were "of a, private Nature,
arose from trifling Matters, owing to an unwise De-
portment in his private Station," and not "on Account
of his Zeal for the Service" or for "exerting himself
in his Duty" as he had alledged, but at the same
Time acquainted you with sundry Facts, and trans-
mitted to you a Number of Proofs, fully evincing that
he had been guilty of unwarrantable Practices in his
Office, and had given Encouragement and Assistance
to some of the most noted Smugglers, to the great
Detriment of the King's Revenue; notwithstanding
which you have suffered him to continue in Office,
and have not, at least as I can learn, ever shewn any
Marks of your Disapprobation of his Conduct. — Had
I not known that the Inspector General, after a strict
Examination into the Matter, had made such a Report
292 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
to you, I should myself have suspended Hatton from
acting in his Office till further Orders from proper
Authority. But as you were made fully acquainted
with his Conduct, and it was a Matter over which you
had a particular Superintendancy, I was unwilling to
interfere; more especially as I had a Eight to expect
that you would have thought yourselves in Duty
bound, after receiving such Information, to remove
him immediately from his Office in the Customs.
There is one Matter more, Gentlemen, which I
think necessary to mention to you on this Occasion.
It appears by M r Hatton's Book of Letters (which has
been seen by several Gentlemen in Salem) that he
wrote you a Letter on the '23 d of Jan? 1769, containing
some injurious Reflections on me & the Magistrates,
accusing us of having treated him with Inhumanity,
& intimating that we were Enemies to our King &
Country. At the same Time he sent enclosed a Letter
which he said he had received from an English Gen-
tleman who arrived here the June preceding, and
" would give you an Insight of his disagreeable and
precarious Situation." A Copy of this pretended Let-
ter I have seen. It is signed with the name of John
March, and is dated Nov 1 .' 28, 1768. There never was,
perhaps, considering the Time when it was wrote, a
Letter penn'd with a more wicked Design: But as it
seem'd to carry its own Antidote with it, being fuTd
with an extravagantly ridiculous and improbable Ac-
count of the Disposition & Intentions of the People of
this Province, I never took any Notice of it, except
writing to the Inspector General (when I heard he was
at Philadelphia on his Way to Salem) acquainting
him that I suspected it to be a Forgery of Hatton's, or
at least that Murch was some low Fellow who had
wrote it at his Instigation, and should therefore be
much obliged to him if he would demand a Sight of
the Original, and enquire Murch's Character and
1771] ADMINISTRATION" OF GOVERNOR FRANKLIN". 293
where he was to be found, that he might, should there
be Occasion, be examined concerning it. Nor should I,
Gentlemen, ever have thought it worth my while to
have said anything to you on the Subject (having enter-
tained too good an Opinion of your Understanding to
suppose such an absurd Letter could possibly have any
Regard paid to it by you) had I not observed in your
last Letter, that you ''thought it necessary to trans-
mit to the Lords Commissioners of His Majesty's
Treasury, Copies of the several Letters laid before
you " by Hatton, relative to his last Complaint, tho'
no proper Enquiry had then been made into the Truth
of his Representations, at least none which had come
to your Knowledge. This, I own, has alarm'd me.
You may have likewise thought it necessary to trans-
mit to their Lordships the two above mentioned false
and scandalous Letters respecting me and the Inhabi-
tants of this Colony, without so much as enquiring or
thinking it your Duty to make any previous Enquiry
into the Truth of the Allegations. And their Lord-
ships, not being acquainted with the real Circum-
stances of the Case, and perhaps relying that you
would not trouble them with any idle Informations,
or such as you had not good Reason to believe might
be depended upon, may have conceived Prejudices
greatly to my Disfavour. Had I received any such
Letter concerning you, Gentlemen, and thought them
worthy of the least Attention, I anu sure I should
have deem'd myself bound in Honour to have in-
formed you of it immediately, that you might have
an Opportunity of clearing yourselves from any Im-
putations they contained, and of explaining your Con-
duct to His Majesty's Ministers: And I would wil-
lingly believe that you have not, as you never gave
me any Notice thereof, transmitted those Letter's to
England respecting me; but, if I am mistaken in this
Point, and the Letters are actually transmitted, then
204 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
I must desire that you will as soon as possible, send
me Copies of them properly authenticated under the
Great Seal of the Colony where you reside, that I may
have it in my Power to obtain that Justice from M-
Hatton which I am entitled to. A Request so reason-
able I hope you will not refuse, especially when I tell
you that Hatton had the Assurance, when I lately
tax'd him in private with having written & sent those
Letters, to deny that he ever wrote a Syllable to you
against me, or ever sent you any Letter from Murch,
having, as he said, always entertained the highest
Opinion of me and my Conduct in this Government.
But * as I thought that he might afterwards deny he
had ever made such a Declaration to me (no one be-
sides being present at the Time) I took an Opportunity
of asking him about those Letters before the Council,
when he again positively asserted, "that he ivas very
clear he never sent a Copy of a Letter from March to
the Commissioners" However, his Son (tho' he has
as bad a Character as his Father) being soon after ex-
amined on Oath upon the same Subject, and not
knowing what his Father had said, confess'd that Hat-
ton did transmit to yon a Copy of a Letter from
Murch, and that it was relative to me and the People
of this Province. A Copy of the Notes taken by the
Secretary of their Examinations on this Point, and
concerning the Place of the Collector's Residence
(which is said to be without the District allotted him
by his Commission) I send enclosed for your Perusal.
That this Representation, Gentlemen of M- Hatton's
Conduct does not proceed from any particular Enmity
to the Man,' or Inclination to do him a Disservice, you
must dome the Justice to allow when you consider,
1 Warrants were issued by the Supreme Executive Council of Pennsylvania in
August, 1776, for iln' arrest of the Hattons. senior and .junior, for "treasonable
practices," in aiding in (he escape from jail of Co!. Kirkland. The elder Hatton
was arrested in New .Jersey, taken to Philadelphia, and released on bail.— Penn.
Col. Records, X.. 666, 670, 694, 695; /'. tin. Archives, V., 7.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 295
That it was not made 'till you call'd upon me for it (I
having left him, after giving him a Copy of the Gov-
ernor's and Council's Opinion for you, to tell his own
Story in his own Way) and that I have not only
shewn him no Resentment on Account of his Letters
(tho' I have long known of them) but have never yet
demanded of him my Share of the Seizure of the Sloop
Speedwell (which he gave you such pompous Ac-
counts of in 1768,) notwithstanding I am well in-
form'd he has converted the whole of it to his own
Use, not having even accounted for the Share due to
His Majesty.
I am with great Regard, Gentlemen,
Yours, &c
W? Franklin
Copy of a Letter from the Inspector General to
the Commissioners of the Customs.
Gentlemen,
By my Report of Delaware Bay & River, your Hon-
ours will see the Situation of the District of Salem; as
to the Collector's Disputes with the People; they are
in my Opinion of a private Nature, and arose from
trifling Matters, I can't find that M 1 ' Hatton has ever
disobliged any Person there as an officer and therefore
has not given any Cause for Resentment against him
on that Account, on the Contrary he indulged them
in a very great Degree, even in giving them blank
Certificates and blank Permits to be filled up by
themselves.
I send a Number of those Permits and Certificates
inclosed which Your Honours will see are filled up
with as many different Hands, as they are for Persons.
What Pretences Mr Hatton can form that he received
ill Treatment from the People on Account of his Zeal
for the Service, Your Honours will best judge. I am
296 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
further to observe that every Vessell which entered
with him from the West Indies was only in Ballast
except 5. from April 1765 to May 1766, which was
detected by the Man of War and Cutters, and what is
still more remarkable he never entered any, but what
belonged to noted Smugglers. — John Relfe is the Per-
son who had the Permit from him for the 5 H'hds of
foreign Sugar after they were seized by the Collector
of this Port.
Since September 1767, three Vessels entered with M r
Hatton from Gaudaloupe and one from Dominico, all
in Ballast, and he has not received a Shilling Duties
during that Time. — Every Smuggler speaks well of
him as a Collector, but in his private Conduct as a
peevish, fretfull, and not a very good natured Person,
— Though I do not think myself concerned with the
private Character of any Officer, yet I found myself
under the Necessity of mentioning this of M r Hatton
as he complained of receiving ill Usage from the Peo-
ple on Account of exerting himself in his Duty, that
your Honours may the better see how far that was
the Case, and tho' it is probable that he might have
been ill used yet there is little Doubt of its being ow-
ing to an unwise Deportment in his private Station.
He has lived for a twelve Month past at Raccoon
Creek, and is now removed from thence to Cape May
90 Miles below Salem, out of the way of all business,
so that it is necessary he should fix his Residence in a
proper Part of the District.
By this plain State of Facts I hopo your Honours
will see all Circumstances concerning M r Hatton & his
District in their Proper Light.-- -His Situation having
a Family to support with a narrow Income might ac-
count for some of the irregular Appearances in his
Conduct as an Officer That with his Time of Life in
a distant Country renders him an Object of Compas-
sion, and therefore I beg Leave to recommend him to
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 297
your Admonish qi e nt as I presume it will come with
more Propriety & Weight from Your Honours than
me and wish it may have the Effect of his living
upon a better Understanding with the People, & being
more Circumspect in the Duties of his Office.
I am with great Respect, Your Honours
Humble Servant
J. Williams
Philadelphia IT June 1769
To the Hon We The Commissioners of His Majesty's
Customs at Boston
Letter from Governor Franklin to the Earl of Hills-
borough, announcing the continued refusal of the
Assembly to grant money for the supply of the
King's troops.
LFrom P. R. O. America and West Indies, Vol. l r 6(194).]
Burlington June 1, 1771.
To The Right Hon ble The Earl of Hillsborough
My Lord,
In my Letter of the 30 th of April, I inform'd your
Lordship of the Assembly's having at that Time refus'd
to grant any Money for the Supply of His Majesty's
Troops stationed in this Province, but that I had Hopes
of their receding from their Resolution at the next
Session. In these Hopes, however, I have been greatly
disappointed, for they have again resolved, by a great
Majority, not to comply with the Requisition. The
only Reason they give for their Refusal is, that the
Colony in its present Circumstances is not of Ability
to make any further Provision for the Troops, which
is one of the worst Reasons they could possibly have
298 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
invented, it being a notorious Fact that the Colony
was never in a more nourishing Condition than at
present, and that there is now actually in the Treasury
a greater Sum of Paper Money unappropriated (origi-
nally made current for the Use of the Crown) than is
sufficient to answer the present Demand. Their Con-
duct therefore in this respect is entirely inexcusable,
and I can assure your Lordship that it not only appears
in this Light to me, but to many of the principal In-
habitants of this Province. Some of the Members
who voted against the Supply had positive Instruc-
tions from their Constituents to grant it. The real
Cause of their extraordinary Conduct, as I am inform'd
and have Reason to believe, is that they expect a Dis-
solution will shortly take place, in order to give the
Counties of Morris, Cumberland, & Sussex an Oppor-
tunity of electing Members agreeably to the Law lately
confirm'd by His Majesty, 1 and that by their Refusal
they should recommend themselves to the Bulk of the
common People and so secure their Elections. I had
therefore some Thoughts of dissolving the Assembly,
in hopes that after they had secured their Seats by a
new Election, they might be brought to grant the Sup-
ply as formerly; but the Gentlemen of the Council,
and many other Friends of Government, were of Opin-
ion, that if they were dissolved at this Time, it would
be understood, that it was on Account of their refus-
ing to burden the People with new Taxes, &c. which
would encrease their Popularity, ensure the Return of
the same if not worse Men into the Assembly; and, as
they would be re-elected principally for their Refusal
'Morris county was set off from Hunterdon county, bj acted passed March 15,
1788-9, but continued to vote with Hunterdon in the election of two Assemblymen.
Cumberland was set off from Salem by act passed January 19, 1747-8, bul still voted
with Salem in the Assembly elections. Sussex was set off from Morris by ad
passed June 8, 1753, but continued to vote with Hunterdon in the choosing of
Assemblymen. By an acj passed May 10, 1768, confirmed by the King in Council,
December 0, 1770, each county was allowed to choose two representatives.— Allin.
son's Laws, 109, 153, 191, 306, and variour dispatches ante.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 299
of the Requisition they would probably still avoid a
Compliance.
My Purpose at present is to prorogue them from
Time to Time, without letting them proceed to any
Business till I am honoured with His Majesty's Pleas-
ure thereupon. If it should not be thought expedient
to punish them with a Suspension of their Powers of
Legislation by Act of Parliament, as was done in the
Case of New York on the like Occasion, the same Thing
may be regularly & constitutionally done by continued
Prorogations, until they consent to make the Provi-
sion required. There are many Matters both of a pub-
lick and private Nature for which they want to obtain
Acts of Assembly, and for which rather than continue
long without, I imagine they would give up the Point.
Or, if Leave could be given me to consent to a Loan
Office Act, on Condition that Part of the Interest should
be annually applied to the Support of the Troops, I am
convinced that the People in general would then insist
upon the Assembly's Compliance, even tho' the Money
was allowed to be a legal Tender in the Treasury and
Loan Offices only. But this cannot be done, I sup-
pose, without an Alteration in the late Act of Parlia-
ment respecting Paper Currency in the Colonies. —
The only Inconvenience which occurs to me as likely
to attend the Prorouging the Assembly till they are
brought to a proper Sense of their Duty, is, that if
they should happen to hold out any long Time, the
Officers of Government would be deprived of their Sal-
aries, which, small as they are, they cannot well do
without. The present Support of Government, how-
ever will not expire until the first Day of October next,
by which Time I may, perhaps receive His Majesty's
particular Directions for my Conduct in this Mattel 1 .
I have the Honor to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W*3 Franklin.
300 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Letter from the Lords of Trade to Gov. Franklin, rel-
ative to the disallowance of two Acts of the As-
sembly of New Jersey.
[From P. R. O., B. T., New Jersey, Vol. 17, p. 247. |
Whitehall June 21, 1771
To William Franklin Esq?" Governor of New
Jersey.
Sir,
We have had under Our consideration the Laws
passed by you in October 1770, and have found it nec-
essary for reasons which we have humbly submitted
to His Majesty to propose that two of the said Laws,
that is to say the supplementary Act to the Act for
enabling Creditors to recover their just Debts and the
Acts for confirming Titles derived from Grants and
Devises made by Aliens should be disallowed.
Besides these Laws the Act for the support of Gov-
ernment appears to Us in part to require explanation,
and to be in other respects liable to material objection.
The inclosed Extract of the Report made to Us on
that Law by Our Counsel, contains a very proper and
just observation on that part of it which directs the
Salaries to be paid out of such Money made current for
His Majesty's Service in the late War that now is in
the Treasury and altho' We have full Confidence that
the Legislature of the Colony would not designedly pro-
pose any Law that should have the operation to give
a further Currency to Paper Credit, than what the Act
of Parliament allows yet Laws of this [kind] may be
so inadvertently framed as to have that consequence,
and therefore in a case of this kind the utmost pre-
caution should be used to prevent it and to leave no
room for any doubt in the consideration of the Law
here, and We think that the best means of avoiding
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 301
any such mistake or doubt would be to state in future
Acts of this sort the quantities of Paper Bills remain-
ing in the Treasury under the different emissions at
the time of passing the Act and the periods fixed for
their redemptions.
We have long had hopes that the House of Repre-
sentatives of New Jersey would from the propriety of
the thing itself have receded from their Claim of the
Sole right of appointing an Agent for the Colony 'and
that those words in the support Bill which are meant
to establish their Claim would have been omitted, We
observe however with concern that they are still con-
tinued and therefore as we think that such Claim is
unjust and unwarrantable, and never can admit any
person to appear before Us as Agent for the Affairs of
the Colony at large who is not appointed by concur-
rent Act of the whole Legislature of the Colony, it is
Our Duty to signify that opinion and resolution to
You in order that you may not give your Assent to
any Law with the like Clause for the future.
We are, Sir,
Your most obedient humble Servants,
Hillsborough. John Roberts,
Ed: Eliot. W m Fitzherbert.
Letter from the Earl of Hillsborough to Gov. Frank-
lin approving his conduct in the matter of recruit-
ing the King's forces, and inclosing public papers.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Whitehall, July 3 r f 1771.
Governor of New Jersey.
Sir,
I have received, and laid before the King, your let-
____ T7 __ ,
1 See Governor Franklin's letter of December 20, 1771.
302 ADMINISTRATION' OF GOVERNOR FRANKLIN". [1771
ters of the 15 th and 27*? of March,— 30*? of April, and
4 th of May last,
You appear tb have shown a proper Attention to
your Duty, as well in publishing the Order of His Ma-
jesty in Council, inclosed in my Letter N° 28, as in
the Steps you took to give Efficacy and Dispatch to
the Plan for recruiting His Majesty's Forces.
The Board of Trade has, in consequence of your No-
tification of the Death of M 1 .' Smith, recommended Mi"
Lawrence 1 to supply the Vacancy.
1 John Lawrence was a prominent lawyer of Burlington for many years. He
was a grandson of Elisha Lawrence, one of the earliest settlers of Monmouth coun-
ty, who manied Lucy Stout, and died at Chestnut Grove, Upper Freehold. Mon-
mouth county, May 37, 1724. The latter's son, Elisha Lawrence, married Elizabeth'
daughter of Dr. John Brown, and had children: John; Anne, who became the
third wife of Reynold Keen, of Philadelphia, and died August 1, 18*3, in her sev-
enty-second year; Elizabeth, who married Dr. James Newell, of Upper Freehold,
and died February 22, 1791, aged sixty years.— Perm. Hist. Mag.,V„ 97-8; Dr. Wicke's
Hist. Medicine in New Jersey, 431 . There was a John Lawrence, senior, of Mon-
mouth county (the Surveyor, who ran the "Lawrence Line" between East and
West Jersey), and his son, John Lawrence, junior, afterwards a physician, besides
one or more of the same name, of the Quaker family of Lawrences, at Borden-
town. Hence the Burlington lawyer was often spoken of as John Brown Law-
rence, after his maternal grandfather, to distinguish him from the several other
John Lawrences. There was a John Lawrence admitted to the New Jersey Bar in
May, 1747, and another at the November Term, 1749.— Vroom's Sup. Ct. Rules, 58.
One of these was undoubtedly the Burlington lawyer; the other may have been
an attorney who traded at Bordentown, 1751-7. — Hist. Burlington and Mercer
Counties, 450. It was doubtless the Burlington lawyer who was licensed as a Ser-
geant-at-Law in 1771.— Vroom's Sup. Ct. Rides. 54. John Lawrence was elected to
represent Burlington county in the Assembly of 1767.— Minutes. It is not likely
that it was the Assemblyman who was one of the Committee of Lawyers to pre-
sent charges against ex-Sheriff and Assemblyman Samuel Tucker, in 1709, as related
by Judge Field.— Provincial Courts, 170. Mr. Lawrence was Mayor of Burlington in
1769.— Hills's Church in Burlington, 296. When Col. Donop approached Burlington
with his Hessians, December 11. 1776, Mr. Lawrence, with the Rev. Jonathan < >< It'll.
M. i).. Rector of St. Mary's Church, and two or three other of the principal citizens,
went out to meet the troops, and to intercede with Col. Donop to protect the town
from pillage by his soldiers. To this the Colonel graciously agreed, and lie and
some of his (officers dined with Mr. Lawrence. The American gunboats lying in the
river tired upon the town to drive the Hessians out, compelling their retreat to
Hordeiitown, whither Mr. Lawrence. Dr. Odell and others were obliged to accom-
pany them, in order to avoid arrest by the Americans for harboring the enemy.—
Hills, in supra, 315; The .Smiths of Burlington, 170. Mr. Lawrence subsequently
returned to Burlington. On March 31, 1777, he was •'desired" by the Governor and
Council of Safety to "at I end" them at Bordentown. lie did so on April 3. when he
was examined, but it is not slated that anything came of this. Minutes Couiii il oj
Safety, 1777, 11, 12. He was for many years a leading member and officer of St.
Mary's Church in Burlington, his name appearing repeatedly in the church records
from 1766 to 1795.— Hills, 286, 305, 324, 34l". He was also one of the first Trustees of
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 303
I was concerned to find by your letter of the 30*! 1 of
April that you had been disappointed in your Expec-
tations that the Assembly would make Provision for
supplying the King's Troops with the necessaries re-
quired by Act of Parliament, and that the Arguments
which you very pioperly urged to induce them to a
Compliance, had an Effect so contrary to your Wishes.
The King however approves of your Resolution to
persevere in your Demand, arid I shall be very glad to
hear that it has been attended with the Success you
say you have reason to hope for.
Inclosed I send you two Orders of His Majesty in
Council on the 7*? instant, disallowing two Laws
passed in New Jersey, the One in Nov 1 : 1700, the Other
in March 177(>, and that you may know the Seasons
which have induced such Disallowance, I send you in-
closed, for your own Information, Copies of the Rep-
resentations of the Board of Trade upon the said
Laws.
I am &c?
Hillsborough
Burlington Academy, founded in lih2.—lb„ 328-9. 332-3-4-5. He probably died in
1796, at Burlington. His wife was Martha. They had children: 1, John, licensed
as an attorney in 1789, and settled at Woodbury, New Jersey, where he enjoyed a
large practice, and where he died. -Vroom's Sup. Ct. Rules, 95; Alden's Epitaphs,
No. 583; Hist. Gloucester, Salem and Cumberland Counties, 131: Miclde's Glouces-
ter, 2d ed., 71. 2, James, born at Burlington, October 1, 1781 ; baptized in St. Mary's
Church, November 14, 1781 ; studied law 1784-6 with his brother John at Woodberry,
in deference to his father's desire, and on the latter's decease entered the navy in
1796, winning in his chosen sphere an imperishable renown as one of the most gal-
lant of naval heroes, even though cut. off at the early age of 32 in his disastrous
fight with the Cheaspeake against the British frigate Shannon.— Mickle, 71 ; Hist.
Collections of New Jersey, 06; Alden, 583; Hills, 319. 3, A daughter of John Brown
Lawrence married Michael Kearny (son of Philip Kearny, an eminent Perth Am-
boy Lawyer, by his wife Isabella, daughter of Chief -Justice Robert Lettis Hooper,
of Trenton^.— Whitehead's Perth Amboy, 91. This meagre sketch has been given
with a view to distinguishing between the numerous John Lawrences who figure in
the annals of New Jersey, 1775-83, to the great bewilderment of the student of that
period in the history of the State. Upon the representation of the Board of Trade,
June 27, 1771, Mr. Lawrence was appointed by order of the King in Council July 19,
1771, to be of the Council of New Jersey.— N. J. Analytical Index, 122-3. He sat
with.that body until its dissolution in November. 1775.— Minutes.— [W. N.]
304 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Letter' from the Earl of Hillsborough to Gov. Frank-
lin, relative to the complaint of Mr. Hatton, and
to the obstinacy of the Assembly in still refusing
to provide for the necessities of the King's troops.
IFrom P. R. O. America and West Indies. Vol. 176 (194).]
Whitehall July 1 t» th 1771.
Gov 1 ' Franklin.
Sir,
I have received and laid before the King Your dis-
patches N 8 30. & 31.
The Examination at the Council Board mto the
complaint exhibited by M" Hatton appears to me to
have been conducted with great Attention and Impar-
tiality, and the inclosed Extract of M r Pownall's letter
to M r Robinson of this day's date will inform you of
the Communication I have made to the Treasury
Board of the Minutes of that Council, and of the other
Papers inclosed in your dispatch N? 30.
The Obstinacy of the Assembly, in persisting in
their Refusal to provide the King's Troops with the
Necessaries required by Act of Parliament, is matter
of very serious Consideration; and their Conduct on
this Occasion is the more reprehensible as it appears
evidently from your Representation of the State of
the Colony, and of its Finances, that there is not the
least Colour for the Pretence on which they ground
their Refusal.
The Asserting therefore that the Colony is not of
Ability to make any further Provision, is adding
Mockery to Insult, and their refusal can be considered
in no other light than that of a wilfull Contempt for
the Authority of Parliament; You will doubtless
1771J ADMINISTRATION OF GOVERNOR FRANKLIN. 305
therefore, at their next Meeting, renew your Endeav-
ours to persuade them to recede from so unjustifiable
a Disobedience to the Terms of the Mutiny Act, and
should you not succeed, it will be my Duty to advise
with the rest of The King's Servants upon the Meas-
ures it may be proper to pursue.
The King approves of your Determination not to
dissolve the Assembly upon this Occasion, & of your
proroguing them in the manner you mention, in order
to give them time for due Consideration of their Con-
duct, which will I hope induce them to correct it.
I am &c a
Hillsborough
Letter from Mr. Pownall to John Robinson, relative to
the Complaint of Mr. Hatton, Collector of the
Customs at Salem.
[From P. R. O. America and West Indies, Vol. 857 (375).]
Whitehall July H>'" 1771
John Robinson Esq''
Sir,
I am directed by the Earl of Hillsborough to trans-
mit to you the inclosed papers by which the Lords
Commissioners of His Majesty's Treasury will be in-
formed of the steps his Lordship has thought fit to
take in consequence of your Letter to me of the IS 11 '
instant so far as the papers transmitted therewith re-
late to the case of the Naval Officer of Ehode. Island
& the Complaints made by the Officers of the Customs
of the Ill-treatment and Obstruction they have met
with in that Colony and at Philadelphia.
With regard to the Complaint made by M 1 Hatton
Collector of the Customs at Salem in New Jersey his
20
306 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Lordship has not thought fit to take any Step there-
upon, the whole of the Transaction of which M^ Hat -
ton complains, appearing to his Lordship by papers
which have been received from the Governor of that
Colony, & Copies of which I inclose, in a very differ-
ent Light from that in which it is stated in the papers
inclosed in your Letter to me.
Lord Hillsborough however desires you will assure
the Lords Commissioners of the Treasury that if they
are not satisfied with the Result of the Examination
at the Council Board of New Jersey into the Com-
plaint exhibited by M r Hatton against the Justices of
the Peace, and with the Representation of this Matter
in Governor Franklin's Letter to the Commissioners
of the Customs at Boston of the 10*? of April, & in the
Attorney General's Letter of the 23? of February last,
both which are very material, his Lordship will most
readily concur with them in any further Measure they
may recommend as necessary for enabling M r Hatton
to execute his Office.
• I am &. c
Pownall
Letter from Governor Franklin to the Earl of Hills-
borough, relative to a dispute between the Gover-
nor and the Assembly, on the resignation of a
member of the House (Mr. Ogden).
[From P. R. 0. America and West Indies, Vol. 176 (194).]
Burlington, July 20*. b 1771
My Lord,
Since my last I have been honoured with your Lord-
ships Letter of the 4 th of May (N° 30).— It gives me
Pleasure to find that His Majesty has been pleased to
approve of M' Coxe for supplying one of the Vacan-
cies in the Council of this Province, and I shall be
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 307
happy to hear that M!" Lawrence is appointed to fill
the other.
Inclosed I send your Lordship a printed Copy of the
Votes & Proceedings of the Assembly during the two
last Meetings at Burlington. They contain nothing-
particular (besides the Messages I before transmitted
relative to the Assembly's Refusal to grant Money for
the Supply of the Troops) except three Messages which
pass'd between us on the Subject of a Member having
resign'd his Seat in the House on Account of his hav-
ing become insolvent. 1 The House accepted his Resig-
nation, and ordered their Speaker to issue his Warrant
to the Clerk of the Crown, to make out a Writ for a
new Election which the Clerk accordingly did, and
apply'd to me to have the Great Seal affixed to it as
usual. But, as I had some Doubts of the Legality of
such a Resignation, I consulted the Council upon it,
who were of Opinion with me that it was by no means
regular or constitutional. It appears to me, indeed,
that if it was once admitted that the Assembly have
an uncontroulable Right to permit the Members to re-
sign whenever they think proper, it would be nearly
the same Thing as allowing them the Power of dissolv-
ing themselves; as a Dissolution might by such Means
be brought about at any Time when the House should
incline to have one, though against the Inclination of
the Governor. The Law of the Province which directs
the Qualifications of Members, and gives the House a
Right to judge of their Qualifications, is similar to that
in England. I apprehend that when the Person elected
is judged to be duely qualified and admitted to take
his Seat, it cannot be vacated merely on Account of
his afterwards becoming a Bankrupt or Insolvent;
and, if I mistake not, there are more than one who
1 See Governor's Franklin's letter of April Gth, 1773; also the letter of the Earl of
Hillsborough of August 7th, 1772.
308 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
hold their Seats in the present House of Commons
tho 1 they have long since become Bankrupts, and con-
sequently not possess'd of the Qualifications required
by Law to entitle them to be elected. But the Assem-
bly contend that in such a Case, if a Member does not
resign, that they have the Eight to expel him, as being
the sole Judges of the Qualifications of the Members.
There are Instances of Resignations being admitted,
where it has been clearly proved that a Member was
absolutely disabled by Bodily Infirmities from attend-
ing his Duty in Parliament, but not otherwise that I
can find; and I imagine if Resignations in other Cases
could be accepted by the House of Commons, it would
not be so much the Practice as it is for Members to
accept of Places under the Crown, for the Purpose
only of vacating their Seats. However, as it appears
to me to be a Matter which nearly concerns the Pre-
rogative, I have refused to seal the Writ for a new
Election until I can obtain further Light on the Sub-
ject, or receive His Majesty's Directions for my Con-
duct. I beg leave to refer your Lordship for the Par-
ticulars of what pass'd between me & the Assembly
on this Head to Pages 11, 21, 22, 23, & 24 of the Votes
& Proceedings sent herewith.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordships most obedient &
most humble Servant
W 1 ? Franklin
P. S. I have receiv'd from M^ Pownall Ten printed
Copies of the Account of the Process used in Sweden
in the Manufacture of Pitch and Tar, which I shall not
fail to distribute in such Manner as may be most likely
to answer the good Purposes intended.— W. F.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 309
Address of a Committee of the Clergy of the Church
of England in New York and New Jersey, to Sec-
retary Hillsborough, relative to the distressed
state of the Church in those parts, through the
want of Bishops.
[From P. R. O. America and West (ndies, Vol. 258 (276). |
New York Oct': 12 th 1771
To the Honorable the Earl of Hillsborough
May it please your Lordship,
We, his Majesty's dutiful, loyal and affectionate
Subjects, the Clergy of the Church of England in the
Colonies of New York and New Jersey, beg Leave to
address your Lordship in Behalf of our distressed
Church in this Part of the World, which, through the
want of Bishops, labours under many Difficulties and
Hardships.
The Case of our Church in the Colonies, may it
please your Lordship, is peculiarly hard. It exists
only in a maimed, imperfect State, being destitute of
the highest Order of its Clergy ; whilst all other relig-
ious Denominations fully enjoy their respective Forms
of Church Government. Even the Moravians and
Roman Catholics have their Bishops; the various Sects
of Dissenters completely exercise the Discipline, and
possess the Privileges, of their , several Systems. The
national Church only, which is an essential Part of
the Constitution, is excepted from this general Indul-
gence, and is denied the Privileges that are granted to
others. This mortifying Distinction marks them out
as the only Sufferers in this way.
.'310 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
We can have no Ordination, but at a heavy Ex-
pence; and the Hazard to Candidates for the Ministry,
and the Time lost, in crossing an Ocean 3000 Miles in
Breadth, are very considerable. The Expence amounts,
at a moderate Computation, to £100 sterling to each
Candidate: and the Risque may be estimated from this
Circumstance — that, according to an exact Account
taken in 1707, out of Fifty -Two Persons, who had
gone home for holy Orders from these Northern Colo-
nies, Ten had perished, either in the Voyage, or by
Sickness which it occasioned. We are deprived of
that regular Discipline over the Clergy, which is nec-
essary to the Welfare and Prosperity of every Church ;
and of the apostolic Ordinance of Confirmation, which
we esteem to be highly beneficial.
These Grievances are very great, besides their being
peculiar to us; and become daily more obvious, and
more sensibly felt. Under these Circumstances, es-
teeming it to be a Duty we owe to God, to his Church,
and to the State, to use every justifiable Method in our
Power to have them removed: We have by this Con-
veyance humbly supplicated the Throne, and laid our
Case before his Majesty.
From his paternal Goodness we entertain the most
sanguine Hopes of Redress; and that he will gra-
ciously interpose his royal Authority and Power, for
the Removal of these Hardships from near a Million
of his loyal Subjects belonging to the Church of Eng-
land in these Parts, by appointing one or more Bish-
ops for America. We also most earnestly request
your Lordship's Countenance and Assistance in pro-
moting this Measure, which is dictated by every Mo-
tive of good Policy, as well as Piety. The Relation in
which your Lordship stands to the Colonies, points
You out as the properest Person, next to our gracious
Sovereign, to whom we should prefer our Complaint
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 311
and Request, And it is a pleasing Circumstance, that
our Duty, on this occasion, should coincide with our
Inclination, to address a Nobleman, whose many
amiable Qualities, and whose Zeal in the Service of the
best of Kings, as well as his warm Attachment to the
Constitution, we cannot but look upon as very favor-
able to an Application of this Nature.
The only Plan on which an Episcopate is requested,
as the Public has been often assured, is, that Bishops
may be sent to the Colonies with purely ecclesiastical
Powers, without any temporal Authority, and with-
out any Jurisdiction over the Dissenters of any De-
nomination. From hence it is evident that we only
desire an Exemption from the peculiar Hardships we
have hitherto suffered, and to be placed on an Equal-
ity with other religious Denominations. We wish
not to interfere with the Rights or Privileges of others,
or to abridge that ample Toleration they already en-
joy. With this Disposition we conceive it to be no
more than reasonable, that we should be indulged
with the same religious Privileges which are granted
to them; especially considering our Relation to the
national Establishment. Yet notwithstanding the
Equity of our Claim, it has met with Opposition from
a certain Quarter. Objections against it have been
publickly offered; but these have been minutely dis-
cussed, and refuted to the entire Satisfaction of the
impartial.' And we submit it to your Lordship's Wis-
dom, whether, even waving the Justice of our Cause,
1 The Rev. Dr. Chandler, of Elizabethtown, New Jersey, whose name is appended
to this address, was by his brother clergymen constituted the champion of an
American Episcopate, and published voluminous works on the subject in 1767, 1768
and 1770. The Rev. Dr. Charles Chancy, of Boston, was perhaps his ablest
antagonist. The literature of the subject is exceedingly ample. At the close of
the war Dr. Chandler was appointed Bishop of Nova Scotia, but felt constrained to
decline on account of his health, and the Rev. Charles Inglis, at one time Rector of
Trinity Church, New York, was appointed.— [W. N.]
312 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
the Church in America should be sacrificed to the Per-
verseness and unreasonable Clamours of its Adver-
saries.
The Members of the national Church are, from
Principle and Inclination, firmly attached to the Con-
stitution. From them it must ever derive its surest
Support. We need not enter into a formal Proof of
this, as the Reasons are sufficiently obvious. Omit
ing all other Arguments, that might be adduced, let
past Experience decide. Independency in Religion
will naturally produce Republicans in the State; and
from their Principles, too prevalent already, the great-
est Evils' may justly be apprehended. The Church
must inevitably decrease in the Colonies, if Bishops
are not sent to relieve its Necessities; and the Dissent-
ers will in Time gain an intire Ascendancy. How far
it may be consistent with good Policy and the Safety
of the State to permit this, we are willing that your
Lordship should determine.
We would not trespass too far on your Lordship's
Time, and therefore beg Leave to refer You for
farther Intelligence to the Bearer, our worthy Brother
the Reverend D" Cooper, President of King's College 1
in the City of New-York. He has an extensive Ac-
quaintance with the Affairs of our Church in Amer-
ica, and in him we repose an intire Confidence.
We shall only add, that were the Measure we now
earnestly petition for carried into Execution through
your Lordships Interposition, it would reflect peculiar
Lustre on your Administration, and insure the grate-
ful Applause of Millions, to the latest Posterity. With
Sincere Prayers for your Lordship's long Life and
Happiness, and that all your Endeavors to promote
the Honour of our Sovereign, and the Prosperity of
1 Now Columbia I !ollege.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 313
his Subjects, may be abundantly rewarded, we have
the Honour to subscribe ourselves,
May it please your Lordship,
Your Lordship's most respectful
and obedient Servants,
Signed by Order of the Clergy.
Samuel Auchmuty, D. D. ^
Thomas B. Chandler, D. D. m1 ~ ...
T ^ T-, ta The Committee.
John Ogilvie, D. D,
Charles Inglis, A. M.
Letter from Governor Franklin to the Earl of Hills-
borough, relative chiefly to Mr. Hatton and his
complaint.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Burlington Oct 1 ' 21 l ." 1771
Rt. Hon™ 6 the Earl of Hillsborough
Mij Lord,
I have had the Honour to receive your Lordship's
Dispatches N° 31, & 32.
It gives me great Pleasure to find that the Steps I
took to give Efficacy and Dispatch to the Plan for re-
cruiting His Majesty's Forces, has appeared in so
favourable a Light to your Lordship.
M" Lawrence desires me to make his Acknowledg-
ments to your Lordship and the Board of Trade, for
the Favour done him in recommending him for the
Vacancy in the Council occasioned by the Death of M r
Smith.
I am very happy that my Endeavours to prevail on
the Assembly to provide the King's Troops with the
usual Necessaries have met with His Majesty's Appro-
314 ADMIN ISTRATION OF GOVERNOR FRANKLIN. [1771
bation. I have called another Meeting of the Legisla
ture to be held here on the 20'? of November, when I
shall not fail to renew my Endeavours to persuade the
Assembly to a Compliance with the Terms of the
Mutiny Act.
It is with great Concern I observe that the Commis-
sioners of the Customs at Boston have transmitted to
the Treasury Board the Complaint exhibited by Hat-
ton, a Man whom they knew, from Documents in
their own Hands, to have before acted as a Villain in
his Office. The Report of their Inspector General (a
Copy of which I sent your Lordship) is alone a suffi-
cient Proof of Hatton's Villainy; but I am also credi-
bly informed that another Gentleman, who was sent
by the Commissioners as Inspector of the Customs
into this and some of the neighbouring Colonies soon
after Hattons last Complaint, has openly declared that
he found he had been guilty of many undue Practices,
and was every way unfit to be a Collector of His Maj-
esty's Customs. It is, however, with Pleasure I ob-
serve that your Lordship approves of the Conduct of
the Council Board in the Examination into his Com-
plaint and that you have caused so full and candid a
Communication of it to be made to the Treasury
Board.
The two Orders of His Majesty in Council on the 7'"
of June, disallowing two Laws passed in New Jersey,
were duely published immediately after I received
them.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient,
& most humble Servant
W" Franklin
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 315
Letter from Governor Franklin to the Lords of Trade,
in answer to a letter of their Lordships, relative
to two Acts proposed to be repealed, the emissions
of Paper Bills, and the appointment of an Agent.
[From P. R. O. B. T., New Jersey, Vol. 10, L 44.]
Burlington Oct 1 .' 21 st 1771
My Lords,
I am honoured with your Lordships Letter of the
21 st of June.
The two Acts of Assembly, which your Lordships
mention as proposed to be repealed, I had some Doubts
concerning the Propriety of at the Time of Passing,
and therefore refused to give my Assent to them
before Clauses were added to suspend their taking-
Effect until His Majesty's Assent was obtained.
As to that Part of the. Act for the Support of Gov-
ernment which appears to your Lordships to require
Explanation, it is necessary that I should inform you,
that although the last Act directed the Salaries to be
"paid out of such Money made current for His Majes-
ty's Service in the late War, that now is in the
"Treasury," yet in fact there was not at the Time any
of that particular Money remaining in the Treasury,
the whole having been paid out before, either to the
Commissioners appointed during the War to pay and
cloath the New Jersey Troops, or for the Support of
Government. The Money, however, in the Treasury
owed its being there to the Money made current for
His Majesty's Service during the War, and may in some
Respects be considered in the same Light tho' it is not
specifically the same. It is the Amount of the several
Ballances which were due from the Commissioners to
316 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
the Province, after paying & cloathing the Troops and
selling of the Military Stores, &c. remaining on Hand
at the Conclusion of the War. These Ballances were
not paid into the Treasury in New-Jersey Money, but
chiefly in Gold and Silver and such Paper Money of
the neighbouring Colonies as had obtained a Currency
here. The Law therefore would have been better had
it directed the Salaries to be " paid out of such Money
" granted (instead of made current) for His Majesty's
" Service in the late War, that now is in the Treas-
"ury;" for the Sum there must be considered as
Part of what was granted, remaining unexpended,
and tho' not the identical Money that was made
current yet the adequate Representative of it. But
the Assembly, it seems, without attending to this
Difference, adopted the Words used in the former Act
when there was Paper Bills actually in the Treasury
of different Emissions. There is, however, no Doubt
when the Matter is explained to them, that they will
readily make the necessary Alteration in the next
Support Bill.
Your Lordships may be assured that there has not
been any Attempt of the Legislature here, to give a
further Currency to our present Paper Credit, than
what the Act of Parliament allows. Yet it is proper
that you should be informVl, that altho' the Quantity
of Paper Money required by Law to be sunk in each
Year is upon the whole regularly called in and de-
stroyed, yet it often happens that there is but little
among it of the particular Emission which ought to
be sunk at that Time. So that Bills emitted in the
year 1761 (for Instance) which by Law might be all
current until 1774, when a Part is directed to be called
in, may be all sunk before that Period commenees;
and other Bills of a former Emission, which ought to
have been already sunk, may continue in Circulation
until the Year 17S3, the last Period allowed by Law
17711 ADMINISTRATION OF GOVERNOR FRANKLIN. 317
for the Existence of Paper Currency in this Province.
By this your Lordships will perceive that the whole
Sum of Paper Money struck at different Times during
the War is considered in the Light of one Emission,
and the Quantity required by Law to be annually sunk
out of particular Emissions is sunk out of any Emis-
sion which happens to be paid into the Treasury. This
Practice took its Eise from Necessity, the New Jersey
Currency having such an extensive Circulation through
the Neighbouring Provinces, that the Treasurers have
never had it in their Power to collect a sufficient Quan-
tity of the particular Emission directed to be sunk in
any one Year. The Letter of the Law to be sure is
not strictly adhered to on this Occasion, nor can it be,
yet the Spirit of it is fully complyed with, as no greater
Sum of Paper Bills in the whole is ever suffered to
continue in Circulation than what the Law allows.
I shall not fail to pay due Attention to that Part of
your Lordships Letter which respects the Appointment
of an Agent, when the next Support Bill comes under
Consideration; but I must confess I have very little
Hopes of their receding from a Claim which I under-
stand has been long acquiesced with in this Province
as well as in most other of His Majesty's Colonies in
North America.
I have the Honour to be with great Respect,
My Lords, Your Lordships
most obedient humble Servant
W M Franklin
318 ADMINISTRATION <»F GOVERNOE FRANKLIN. [JTT1
Letter from the Earl of Hillsborough to Gov. Frank-
lin, approving of his position in the dispute with
the Assembly touching the resignation of a mem
ber.
[From P. R. O. America and West Indies, Vol. 170 (194).]
Whitehall 4 th Dec? 1771
Governor Franklin
Sir,
Since M r PownalPs letter of the 17 th September, your
Dispatches N? 33 & 34, have been received and laid be-
fore the King
Your refusal to seal the Writ for a new Election for
the County of Essex, on the ground upon which the
Speaker thought fit to issue it, until His Majesty's
Pleasure should be known, is approved by the King.
It is as you justly observe a matter which nearly con-
cerns the Prerogative, and the arguments on one side
and the other must be fully considered in the different
Departments of Government, before I can send you
any Instructions upon it.
I am sorry for the indisposition you complain of in
your Dispatch N? 34, which [ hope has not proved of
any long continuance.
I am &c?
HlLLSBOKOUGH.
1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 310
Letter from Mr. Pownall to Richard Jackson, desir-
ing his opinion in the matter of the dispute be-
tween the Governor of New Jersey and the Assem-
bly, concerning the resignation of a representative.
[From P. R. O., B. T., New Jersey, Vol. 17, p. 252.]
Dec'.' 18 u ' 1771
To Eichard Jackson Esq r
Sir,
T am directed by the Lords Commissioners for Trade
& Plantations to transmit to you the enclosed extract
of a Letter from the Governor of New Jersey to the
Earl of Hillsborough, and Minutes of the Assembly of
that Colony therein referred to relative to a dispute
with the said Assembly concerning their Claim of a
right for a new Election for the County of Essex on
the resignation by the Representative for the said
County of his Seat in the Assembly on account of In-
solvency; and to desire you would take the said Papers
into your consideration, and report to their Lordships
your Opinion, as to the legality of the Claim set up by
the said Assembly.
I am Sir, Your most Obedient
humble Servant,
John Pownall.
320 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771
Letter from Gov. Franklin to the Lords of Trade,
acquainting their Lordships with the appointment
of an Agent for that Province by the concurrence
of the Legislature.
[From P. R. O. B. T., New Jersey, Vol. 10, L. 15.]
Burlington Dec 1 . 2<; rh 1771
My Lords.
In my Letter of the 24*? of October, I acquainted
your Lordships, that I had very little Hopes that the
Assembly would recede from their Claim of the sole
Right of appointing an Agent for the Colony. Since
which there has been a Session held here, when, after
a good deal of Persuasion, and many Arguments
urged to them, in a private Way, the} 7 consented to
omit those Words in the Support Bill which seem'd
meant to establish their Claim, and to which your
Lordships objected. — The Agent is accordingly now
appointed by a Vote of the Council in their Legislative
Capacity, and by a Vote of the Assembly to which I
have given my Concurrence in a Privy Council, and
his Salary is provided for by a joint Act of the whole
Legislature of the Colony.
I have the Honour to be, with great Respect, & Re-
gard
My Lords, Your Lordships most obedient,
& most humble Servant
W M Franklin.
1771] ADMINISTRATION OP GOVERNOR FRANKLIN.
321
Letter from Governor Franklin to the Earl of Hills-
borough, informing him that the Assembly had
consented to provide for the arrears due to the
troops, and that the debt of the Colony incurred
during the late war would be paid.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Burlington Dec? 27 th 1771
The Kt. Hon ble the Earl of Hillsborough.
My Lord
I informed your Lordship in my Dispatch No. 35,
that I had called another Meeting of the Legislature,
and should not fail to renew my Endeavours to .per-
suade the Assembly to a Compliance with the Terms
of the Mutiny Act. I have now the Pleasure to ac-
quaint your Lordship that my Endeavours have been
attended with Success, and that the Assembly have at
length granted a Sum of Money to discharge the Ar-
rears due for the Support of the Troops. Two Arti-
cles of the General's Account they have indeed disal-
lowed, as you will see by the enclosed Copy of their
Message; but they have allowed all that has been
usual, or is required by the Mutiny Act, and I have
no Doubt but they will, at their next Session, dis-
charge any further Arrears which may be due for the
Maintenance of the few sick Men left behind by the
Regiment lately stationed here. This, however, they
will do in Expectation that it will be the last Expence
of the kind for which they shall be called upon for
some Years to come.
The Debt mentioned in their last Message, as in-
curred by the Colony during the late War, and not
yet discharged, is about 200,000£ Currency; towards
the Payment of which they are to raise 15,000£ $J
21
322 ADMINISTRATION - OF GOVERNOR FRANKLIN. [1772
Annum until the year 1783, besides the usual Ex-
pences for the Support of Government. They think
the Taxes for this Purpose will fall heavily on the
People, and that they ought at least to be exempted
from the Burthen of supporting Troops during that
Time. I promised to represent their Opinions and
Inclinations on the Subject to His Majesty's Ministers,
tho' I do not concurr with them in Sentiments either
with Kespect to the Weight of the Taxes, or the Bur-
then of supporting Troops. The latter, I think has
been of considerable Advantage to the Colony, and
that from mere Views of Profit they should have
desired an additional Regiment rather than have
parted with the one stationed here.
I made no Requisition for the Supply of the Troops
in my Speech at the Opening of the Session, as I was
convinced that a great Majority of the Members were
then determined against granting any Money for that
Purpose, and that if they once declared that Resolu-
tion in their Address (which would be immediately
published & circulated through the Country) it would
be hardly possible to get them to recede from it.
I therefore only recommended to them the common
Business of the Colony, and when they had proceeded
some Weeks in that, and I found the Generality of
the Members were become interested in the Success of
some one Bill or other, I made the Application. It
however fail'd, and there was a majority of One
against it, owing to two of the Members who were for
the Measure happening to be absent at the Time by
Reason of Sickness. Notwithstanding which I re-
newed the Application, and gave them an Intimation
that if they did not comply I should prorogue them
immediately. At length, after considerable Debate in
the House, and some private Conferences with several
of the Members, Three of those who had before voted
on the negative, were prevailed to vote on the other
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 323
side of the Question, by which the Point was carried
by a Majority of Twelve to Seven.
The Messages which passed between us on this Sub-
ject are enclosed, and Copies of the Minutes and Laws
of the Session shall be sent to your Lordship as soon
as they can be made out.
The Matter respecting the Appointment of an Agent,
signify'd to me by the Board of Trade, I have likewise
carried through, though a Point of great Difficulty
with most of the Members, and which many of them
told me it was impossible I should succeed in.
I have the Honour to be, with the greatest Respect,
& Regard My Lord, Your Lordship's
most obedient & most humble Servant
W? Franklin.
Letter from the Earl of Hillsborough to Governor
Franklin — the removal of the troops from New
Jersey leaves no cause for disagreeable alterca-
tion with the Assembly.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Whitehall Jan'ry 1 r : \ L772
Gov 1 ' Franklin,
Sir,
I have received your dispatch N? 39, & have laid it
before the King.
By the removal of the Troops from New Jersey there
will be no occasion for any further demand that may
give rise to disagreeable Altercation with the Assem-
bly, & the only subject of Discussion that now remains
is with regard to the Payment of the Arrears. This
appears to me to be a matter that requires to be man-
aged with some Delicacy, but as I observe that Gen-
324 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
eral Gage has wrote to you fully on that subject, his
Sentiments, and your own Discretion, will be better
Guides for your Conduct than any thing I can say.
I am &c. a
Hillsborough.
Order of the King in Council, disalloiving two Acts
passed in New Jersey in October, 1770, and di-
recting the Lords of Trade to prepare and lay be-
fore His Majesty a draught of an additional
instruction to the Governors of all His Majes-
ty's Colonies, restraining them from giving their
assent to any law by which the lands, etc., of per-
sons who have never resided within the Colony,
shall be made liable to be attached for the recovery
of debts due from such persons.
[From P. R. O. B. T. Plantations General, Vol. 29 (27), U. L9. j
*,-"-*, At the Court at S t James's the if)™
I L ' s " i Day of January 1772.
Present
The King's most Excellent Majesty in Council.
Whereas there was this Day read at the Board a Re-
port from the Right Honourable the Lords of the
Committee of Council for Plantation Affairs Dated
the 10"' of this Instant — viz 1 —
"Your Majesty having been pleased by your order
" in Council of the 27 th of June 1771 to refer unto this
"Committee a Representation from the Lords Com
" missioners for Trade and Plantations in the words
" following viz' —
"We have had under our consideration two acts
1772 J ADMINISTRATION OF GOVERNOR FRANKLIN. 325
"passed in your Majestys Colony of New Jersey in
" October 1770 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.
"An Act to Enable persons who are his Majestys
" Leige Subjects either by Birth or Naturalization to
"Inherit & hold Eeal Estates notwithstanding the
"Purchase, Grant or Devise were made before Nat-
' ' uralization within this Colony —
"Whereupon We humbly beg leave to represent to
"Your Majesty —
' ' That by the first of these Acts the Lands Tene-
' ' ments Goods Chattels Eights and Credits of Persons
' ' who have never resided within the Colony are made
"liable to be attached for the Eecovery of Debts due
"from such Persons, and although the Situation of
" New Jersey, and its Connections with the Colonies
"of New York and Pennsylvania in which the own-
"ers of Lands and Effects in New Jersey do fre-
" quently reside, do in some Degree distinguish it in
"this Case from other Colonies, Yet We are clearly
"of opinion 4 that the mischevious consequences of
"such a Law when General must greatly outweigh
" the Utility of it—
"That by the second of these acts the Title and
"Claim of every Inhabitant of that Colony to any
" Lands or Tenements granted or made by any Alien
6 ' before naturalized by Law shall not be defective or
"disputable on the ground of such alienation either
"in the Grantors or Grantees; a provision which tho'
"evidently founded on principles of Humanity and
4 ' Good Policy, Yet is of such a Nature, and does so
"materially affect Your Majestys Eights derived from
" the Lav/s and Constitution of this Kingdom that it
" ought not to have been the object of a Law of that
"Colony without Your Majestys permission first ob-
326 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
' tained, from whose Bounty and Goodness alone an
' Indulgence of this Nature ought to have flowed —
" For these Reasons We humbly lay these two Acts
' before Your Majesty for Your Majestys Disallow-
' ance thereof, and crave leave further humbly to pro-
' pose that as the practice of passing Laws in the Col-
' onies of the nature of that first mentioned in this
' Representation has of late but too much prevailed,
'an additional Instruction should be given to the
' Governors of all Your Majestys Colonies, restraining
'them from giving their assent on any pretence
' whatever to any Law by which the Lands Tene-
' ments Goods Chattels Rights and credits of persons
' who have never resided within the Colony shall be
' made liable to be attached for the Recovery of Debts
' due from such persons —
" The Lords of the Committee in obedience to your
' Majestys said order of Reference this Day took the
' said Representation and Acts into their Consider-
' ation, and do humbly Report to Your Majesty, that
' they concur in opinion with what is above proposed
' by the Lords Commissioners for Trade and Planta-
' tions, and to that End that it may be adviseable for
' Your Majesty to Signify Your Royal Disallowance
' of the said Acts; and to Direct the Lords Commis-
1 sioners for Trade and plantations to prepare the
' Draft of an additional Instruction to the Governors
' of all your Majestys Colonies agreeably to what is
'proposed in the" above Representation of the said
' Lords Commissioners —
His Majesty taking the said Report into Considera-
tion, was pleased, with the advice of His Privy Council,
to approve thereof , and accordingly to Disallow the said
Acts; And His Majesty doth hereby Order that the
Lords Commissioners for Trade and plantations do
prepare and lay before His Majesty at the Board, a
Draft of an additional Instruction, to the Governors
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 327
or Commanders in Chief for the time being of all his
Majestys Colonies restraining them from giving their
assent on any pretence whatever to any Law by which
the Lands Tenements Goods Chattels Rights and
Credits of persons who have never resided within the
Colony shall be made liable to be attached for the Re-
covery of Debts due from [such] persons —
Steph: Cottrell
Representation from the Lords of Trade to the King,
submitting a draft of an additional instruction to
the Governors in America, in compliance with the
foregoing order of the King in Council.
[From P. R. O., B. T., Plantations General, Vol. 42, p. 395.]
Whitehall Feb. 1, 1772
To the King's most Excell* Majesty.
May it please Your Majesty,
In obedience to Your Majesty's order in Council
dated the 15 th of January last, we have prepared, and
herewith beg leave humbly to lay before Your Majes-
ty Draughts of Additional Instructions to the Gover-
nors or Commanders in Chief of all Your Majesty's
Colonies and Plantations in America, restraining
them from giving their Assent to any Law, by which
the Lands, Tenements, Goods, Chattels, Rights and
Credits of Persons, who have never resided within the
respective Colonies shall be attached for the payment
of debts due from such persons, otherwise than as al-
lowed by the Laws of this Kingdom.
Which is most humbly submitted
Hillsborough. John Roberts.
Soame Jenyns. Greville,
328 ADMINISTRATION OF GOVERNOR FRANKLIN. [1?7^
Additional Instruction to Our Trusty and Well-
loved William Campbell Esquire commonly
called Lord William Campbell, our Cap-
tain Genera] and Governor in Chief in and
over Our Province of Nova Scotia in Amer-
ica. Given
Whereas Laws have been passed in some of our
Colonies and Plantations in America, by which the
Lands, Tenements, Goods, Chattels, Rights and Cred-
its of Persons, who have never resided within the Col-
onies where such Laws have been passed, have been
made liable to be attached for the recovery of debts in
a manner different from that allowed by the Laws of
England in like Cases; and whereas it hath been repre-
sented unto Us, that such Laws may have the conse-
quence to prejudice and obstruct the Commerce be-
tween this Kingdom and Our said Colonies, and to
affect public Credit; It is therefore Our Will and
Pleasure, that you do not on any pretence whatever
give your Assent to, or pass any Bill or Bills in Our
Province under your Government, by which the
Lauds, Tenements, Goods, Chattels, Rights, and Cred-
its of Persons who have never resided within Our said
Province shall be liable to be attached for the Re-
covery of Debts due from such Persons, other ways
than is allowed by Law in Cases of the like Nature
within this Our Kingdom of Great Britain, until you
shall have first transmitted unto Us, by one of Our
Principal Secretaries of State, the Draught of such Bill
or Bills, and shall have received Our Royal Pleasure
thereupon, unless you take Care in the passing of
such Bill or Bills, that a Clause or Clauses be inserted
therein, suspending and deferring the execution there-
of, until Our Royal Will and Pleasure shall be Known
thereupon.
A like additional Instruction was prepared for other
Governors in the American Plantations.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 329
Order in Council approving the draft of the foregoing
Additional Instruction.
[From P. R. O. America and West Indies, Vol. 108 (109).]
*~^* At the Court at S t James's the 3 C ! Day
rjj of February 1772
Present
The Kings most Excellent Majesty in Council.
Whereas there was this day read at the Board, a
Keport from the Lords Commissioners for Trade and
Plantations, together with Draughts of Additional In-
structions to the several Governors or Commanders in
Chief of His Majestys Colonies and Plantations in
America (prepared by the said Lords Commissioners
in Pursuance of His Majestys Order in Council of the
15 1 ! 1 of last Month) to restrain them from giving their
Assent to any Laws, by which the Lands Tenements,
Goods, Chattels, Rights and Credits of Persons who
have never resided within the respective Colonies,
shall be attached for the Payment of Debts due from
such Persons otherwise than as allowed by the Laws
of this Kingdom— His Majesty taking the same into
Consideration, was pleased, with the Advice of His
Privy Council, to approve of the said Draughts of Ad-
ditional Instructions (which are hereunto annexed)
and to order, as it is hereby ordered, that the Eight
Honourable the Earl of Hillsborough, One of His Ma-
jestys Principal Secretaries of State do cause the same
to be prepared for His Majestys Royal Signature.
Steph: Cottrell
330 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Letter from Benjamin Franklin, to Governor Frank-
fin, in relation to the appointment of Colonial
Agents in England.
[From " Works of Benjamin Franklin," by Sparks, VII., 564.]
London, 30 January, 1772.
My Dear Son: In your last you mention some com-
plaisance of Lord Hillsborough towards you, that
showed a disposition to be on better terms. ' His be-
haviour to me in Ireland corresponds exactly. * *
The resolution of the Board of Trade to admit, for
the future, no agents to appear before them, but such
as are appointed by "concurrent act of the whole Leg-
islature," 2 will I think, put an end to agencies, as, I
apprehend, the Assemblies will think agents under
the ministerial influence, that must arise from such
appointments, cannot be of much use in their Colony
affairs. In truth, I think the agents, as now ap-
pointed, of as much use to the Government here, as
to the Colonies that send them, having often pre-
vented its going into mistaken measures through mis-
information, that must have been very inconvenient
to itself, and would have prevented more of the same
i The Governor probably had referred to Lord Hillsborough's dispatches of July
3, July 10 and December 4, 1771, approving his conduct in various matters.
2 See letter from the Board of Trade to Governor Franklin. June 81, 1771. When
Benjamin Franklin presented h<s credentials as agent of the Massachusetts House
of Representatives, to Lord Hillsborough, on January 16, 1771. thai nobleman hotly
declined to recognize any agenl aol appointed by the concurrent act of both
branches of the Legislature, and approved by the Governor. As Franklin wrote
at the time: " This doctrine, it' he coul 1 establish it. would in a manner give to his
Lordship the power of appointing, or at least negativing any choice of the Bouse
of Representat ives and Council, since it would be easy Eor him to iasi rucl the I h >'.
emornc-1 to assent to the appointment of such and such men. who are obnoxious
to him; so that, if the appointment is annual, every agent thai value.! his post
must consider himself as holding it by favour of bis Lordship, and of c ursetoo
much obliged to him to oppose his measures, however contrary to the interest of
theProvince. Of whal use such agents would I ie, it is easy to judge." Hoc/..-.
VII., 508, 510; VIII., 7.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 331
kind, if they had been attended to; witness the stamp
and duty acts. I believe, therefore, we shall conclude
to leave this omniscient, infallible minister to his own
devices, and be no longer at the expense of sending
any agent, whom he can displace by a repeal of the
appointing act. I am sure I should not like to be an
agent in such a suspicious situation, and shall there-
fore decline serving under every such appointment.
Your Assembly may avoid the dispute you seem
apprehensive of, by leaving the appointment of an
agent out of the support bill, or rather, I should say,
the sum for his salary. The money in my hands will
pay him, whoever he is, for two or three years, in
which the measure and the minister may be changed.
In the mean time, by working with a friend, who has
great influence at the Board, he can serve the Province
as effectually as by an open reception and appearance.
I am ever your affectionate father,
B. Franklin.
Representation from the Lords of Trade to the King,
with a draft of an additional instruction to the
Governors in America,, relating to an Alteration
in the prayers for the Royal Family.
[From P. R. O. B. T., Plantations General, Vol. 42, page 405.]
Whitehall Feb y 13, 1772
To the King's most Excell* Maf
May it please Your Majesty,
Pursuant to an Order of the Lords of Your Maj-
esty's most Hon ble Privy Council, dated the 8* instant,
directing us to prepare Draughts of Instructions proper
to be sent to all the Governors of Your Majesty's Plan-
tations in America, relating to the alterations in the
prayers for the Royal Family, We herewith humbly
332 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
lay before Your Majesty the Draughts of such Instruc-
tions, as we conceive proper on this Occasion for your
Majesty's Royal Approbation.
All which are most humbly submitted.
Hillsborough. John Roberts.
Soame Jenyns. Greville.
Additional Instruction to Our Trusty and Well-
beloved Guy Carleton Esq 1 *. Our Captain
General and Governor in Chief in, and over
Our Province of Quebec in America, and
in his absence to Our Lieut; Governor, or
Commander in Chief of the said Province
for the time being. Given
Whereas it hath been declared by the Lords of Our
Privy Council by their Order in Council on the eight
of February instant that in the Morning and Evening
Prayers in the Litany and in all other parts of the
public Service as well in the occasional offices, as in
the Book of Common Prayer, where the Royal Family
is appointed to be particularly prayed for, the follow-
ing form and order should be observed Viz? Our Gra-
cious Queen Charlotte, His Royal Highness George
Prince of Wales, and all the Royal Family; Our Will
and Pleasure is, that in all the Prayers, Litanies and
Collects for the Royal Family, to be used within our
Province of Nova Scotia under your Government, the
following form and order should be observed viz- Our
Gracious Queen Charlotte, His Royal Highness George
Prince of Wales, and all the Royal Family. And for
the better notice hereof in Our said Province. It is
Our further Will and Pleasure, that You cause the
same to be forthwith published in the several Parish
Churches, and other places of divine Worship within
the said Province; and that you take Care that obe-
dience be paid thereto accordingly.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 333
Letter from Gov. Franklin to the Earl of Hillsborough
transmitting public papers.
[From P. R. O. America & West Indies, Vol. 176 (194).]
Burlington March 10, 1772
The Right Hon ble the Earl of Hillsborough.
My Lord
I have the Honour to transmit to your Lordship,
Copies of the Minutes and Laws of the last Session of
General Assembly held at Burlington. The present
Act for the Support of Government is made conforma-
ble to the Sentiments of the Board of Trade, in the
two Instances pointed out in their Lordship's Letter to
me of the SI 8 .' of Jane. And the Assembly apprehend
that in the Act for the speedy recovering Debts from
Six Pounds to Ten Pounds, and in the Act for the
Relief of insolvent Debtors, now passed, they have
fully obviated the Objections made to the former
Laws for the like Purpose, passed in Novr 1769, &
March 1770, which received His Majesty's Eoyal Dis-
allowance.— The other Acts passed at the last Session
are of a common Nature, and need not be particularly
mentioned.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W* Franklin
334 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Letter of Gov. Franklin to the Earl of Hillsborough,
relative to the settle incut of the dispute concerning
the resignation of Mr. Ogden as a member of the
Assembly.
[From P. R. O., America and West Indies. Vol. 176 (194).]
Burlington April <; Ul L772
To the Hon ble the Earl of Hillsborough
My Lard
I am honoured with your Lordship's Dispatches N°
33, & 34.
His Majesty's Approbation of my Refusal to seal the
Writ for a new Election for the County of Essex, af-
fords me great Satisfaction. — As I was informed at
the Beginning of the last Session, that the Assembly
had some Thoughts of making that Refusal a Pretence
for not granting the Money for the Troops, I was in-
duced, in order to prevent an Altercation which might
impede His Majesty's Service, to appoint Mi' Ogden
(the Gentleman whose Resignation was disputed) a
Justice of the Peace; by which Means his Seat became
vacated, agreeably to an Act of Assembly of the 4 th of
George the Second, which declares, " That if any Per-
" son being chosen a Member of the House of Repre-
" sentatives of this Province shall accept of any Office
kt of Profit from the Crown, or from the Governor for
"the Time being, during such Time as he shall con-
"tinue a Member, his Election shall be void, and a
" new Writ shall issue for a new Election, as if such
' ' Person so accepting was naturally dead. '" M • Ogden
accepted of the Office; and as soon as I was informed
that he had taken the necessary Qualification, I issued
the Writ for a new Election, and another Person was
hi \. ! for securing the Freedom of Assemblies, ' passed Julj 8, 1780, Section
Allison's Laws, 83
1772J ADMINISTRATION OF GOVERNOR FRANKLIN. 335
accordingly chosen; but the Election did not happen
till a few Days after the House was prorouged. Im-
mediately on the Writ issuing I acquainted the House
by a Message with what I had done, which prevented
their sending me a Message on the Subject as they had
before intended. However the House taking the Mat-
ter into Consideration some Days after, they were of
Opinion it seems, that tho' the Law says expressly
that his Seat shall be void on his accepting an Office
of Profit, and that a new Writ shall issue yet that it
is the sole Eight of the House to declare the Seat
vacant, and to order the Writ for a new Election, and
that the Writ ought not to have been issued in Conse-
quence of any other Jurisdiction whatever. This
Opinion they contented themselves with expressing
in two Resolves on their Minutes not choosing to send
me any Message upon it, owing as I afterwards under-
stood, to many of the Members being averse to enter
into any Controversy on a Point on which they began
to be dubious themselves. The Council, to whom I
communicated the Message before it was sent, were of
Opinion, that as the Law declared the Seat of a Mem-
ber to be void on his Acceptance of the Office, and as
such Acceptance must be known to the Executive
Part of Government, I might either issue the Writ
for a new Election immediately upon my own Knowl-
edge of the Vacancy, or upon its being signified to me
by an Order of the House: That it might be often
necessary for the publick Good that 'I should exercise
such a Power, otherwise, if a Member accepted of an
Office during a Recess of the House, there would be
no Election until the House should meet again; and
then, tho' a new Writ should be issued the first Day
of their meeting, yet a whole Session might elapse
before a Member could be returned (there being always
forty Days between the Teste and the Return of the
Writ) which might be of great Detriment to the Place
he represented: That there was nothing in the Act
336 ADMINISTEATION OF GOVKRXOR FRANKLIN. [1772
abovementioned which gave the House the Eight con-
tended for, on the contrary, it declares that a ' ' new-
Writ shall issue for a new Election " on the Accept-
ance of an Office. And, lastly, That even in the prior
Act of Assembly (7 th of Anne) where the House of
Representatives are impowered, when met in General
Assembly, to be Judges of the Qualifications of their
own Members, 2 it is not declared that they shall be the
sole Judges. As it is not impossible, after all, but
that the Council and I may have been mistaken in
this Matter, the Propriety of the Claim of the House
depending in a great Measure, perhaps, on the Usage
of the House of Commons in the like Cases, of which
we have not the least Means of Information here; and
as it is not unlikely but the Point may, on some future
Occasion, be again brought into Dispute, I am glad to
find by your Lordships Letter that you will send me
Instructions upon it, after it has been fully considered
by the different Departments of Government. My
Message to the House on this Subject is in Page 18,
and their Resolves in Page 27 of the printed. Minutes
sent herewith.
I should have informed your Lordship, that the
House intended to admit the Member elected in pursu-
ance of the new Writ, notwithstanding their Resolves;
but since his Election I have dissolved the Assembly,
and there has been a general Election, in order that
the new Counties might be represented, agreeably to
the Law which was lately confirmed by his Majesty.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W* Franklin
'- "An Act regulating the Qualifications of Representatives t<> serve in bhe Glen
eral Assemblj in this Prw ince of New Jersej ," passed April i. 1709, proi ides, Sec-
tion !, "thai the House of Representatives, elected and ch< sen as aforesaid, when
mel in General Assembly, are ami shall be .hull's of the Qualifications of their
own Members." Allison's Laws, 7.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 337
Letter from Governor Franklin to the Earl of Hills-
borough, relative to two Acts of the Assembly
passed October, 17 To.
[From P. R. O., America and West Indies, Vol. 176 (194). 1
Burlington May 5*? 1772
Eight Hon b,e the Earl of Hillsborough
My Lord,
I am honoured with your Lordship's Dispatches of
the 5*. h & S*. 11 of February, and have likewise received
those of M!" Pownall and W Knox dated the 11^ and
18 1 ! 1 of February.
I shall not fail to publish in the usual Manner, His
Majesty's Eoyal Disallowance of the two Acts passed
in Oct? 1770, and to pay Obedience to the Additional
Instruction with regard to the passing of Laws rela-
tive to the Attachment of Lands, &c. belonging to
Persons who have never resided in the Colony. It is
necessary, however, that I should observe to your
Lordship, that the Law for this Purpose, to which I
gave my Assent, was passed exactly in the Manner
directed by the present Instruction, having a Clause
suspending the Execution thereof untill the Royal
Will & Pleasure should be known thereupon ; a Cir-
cumstance which I presume was not attended to, as it
is not at all mentioned in the Report of the Board of
Trade. Nor is there any Notice taken in the Board of
Trade's Representation on the other Act (relative to
the Purchases, &c. of Aliens) that it also contained a
Clause of the same Nature, and a humble Prayer to
His Majesty that it might be enacted. This, I believe
is the only Mode which has ever been pursued here, in
making Application for a Law which may affect any
of His Majesty's Rights; and tho' it has the Form of a
Law, for the Sake of more expeditiously obtaining the
338 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Advantages proposed by it, is only considered in the
Light of a Petition . But as their Lordships say, ' ' that
" it ought not to have been the Object of a Law of
"this Colony without His Majesty's Permission first
"obtained," I shall be careful for the future not to
give my Assent to any Law of the like kind, even
with a suspending Clause, unless a Permission has
been previously obtained from His Majesty. For
what has past I shall hope to be thought the more
excusable as it was agreeably to the constant Practice
of this and the neighbouring Colonies in such Cases,
no ways repugnant to any of the Royal Instructions,
and as a Law of a similar Nature had a short Time
before been passed by the Governor of New York,
which has since been allowed of and confirmed by His
Majesty.
It gave me particular Pleasure to hear from your
Lordship, that the Addresses of both Houses had passed
with such Unanimity, as it Affords a Prospect of that
Harmony which is so essential to His Majesty's Meas-
ures for the Good of his People. 1
I very sincerely condole with your Lordship on the
Deaths of their Royal Highnesses the Princess Dow-
ager of Wales, and Princess Mary, .Landgravine of
Hesse Casse], but am happy to find by your Lordships
Letter, that His Majesty and the Rest of the Royal
Family are as well as can be expected under such
afflicting Events. The Orders for the Mourning and
the additional Instruction directing the Form to be
used in the Prayers for the Royal Family, I have
caused to be made publick in the Manner usual upon
such Occasions.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W* Franklin
1 Neither the King's Speech at the opening of Parliament, nor the Addresses of
the two Houses in reply, contained any reference to American affairs.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 339
Letter from Gov. Franklin to the Earl of Hillsbor-
ough, transmitting the petition of the Presbyter-
ian Clergy residing in New Jersey, praying that
the Governor ivould grant them a charter to en-
able them to raise funds, etc.
[From P. R. O. America and West Indies, Vol. 176 (194). |
Burlington May 11 th 1772
Right Hon We the Earl of Hillsborough.
My Lord,
Having some Time ago received a Petition from Dv
Witherspoon, President of the College at Princeton,
and a Number of other Presbyterian Ministers resid-
ing in this Province, praying that I would grant them
a Charter to enable them to raise a Fund for the Sup-
port of their Widows and Children, I laid the same
before the Council, with a Draft of the proposed Char-
ter, which, by their Advice, was referred to the Attor-
ney General for his Opinion. The Attorney General
having his Doubts both as to the Expediency and Le-
gality of the Measure, advised me to defer granting it
until I obtain His Majesty's Direction thereupon. He
likewise communicated to me a Copy of a Report of
the Lords of the Committee of Council for Plantation
Affairs on the 24 th of August 1767, respecting a Peti-
tion for the Incorporation of the Presbyterian Minis-
ters &c in New York, wherein it appears that the
Board of Trade had not only made it a Question how
far such an Establishment could be created by His
Majesty consistent with his Coronation Oath founded
on the Act of Queen Anne, but upon the fullest Con-
sideration were of Opinion, that independent of the
Objection arising out of this Question, it was not ex-
340 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
pedient upon Principles of general Policy to comply
with the Prayer of that Petition, or to grant them
any other Privileges than they are Entitled to by the
Laws of Toleration, in which Sentiments the Lords of
the Committee of Council agreed, and reported to His
Majesty that the said Petition ought to be dismissed,
and it was dismissed accordingly. I laid the said Copy
of the Report of the Lords Committee of Council, to-
gether with the Attorney General's Report, before His
Majesty's Council in this Province (as your Lordship
will see by the Minutes of the 21 8t of February en-
closed) who were of Opinion, ' ' That if the said Char
"ter 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 men-
tioned, and the said Corporation • made accountable
" to this Board for the Monies 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 Ma-
"jesty's Ministers as advised by the Attorney General,
kt 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 Presbyterian Con-
gregation in that Province, is by no means similar
" to the Case in Question." — This was the Opinion of
four of the six Counsellors then present whereupon
the Attorney General was directed to report his Opin-
ion concerning the Alterations necessary to be made
therein which he accordingly did; But as I have
Reason to think that had there been a full Meeting of
the Council the Majority would have been of the same
Sentiments as the Attorney General, as to the Pro-
priety of waiting for His Majesty's Orders, and as His
Majesty's Ministers were so lately of Opinion that " it
was not expedient upon Principles of general Policy
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 341
to grant the Presbyterians at New York any other
Privileges than they are intitled to by the Laws of
Toleration,''- I could not think it proper to acquiesce
in the Opinion which the Council gave me on the Oc-
casion. I have therefore enclosed to your Lordship
Copies of the Petition, the Draft of the proposed Char-
ter, M r Ogden's Observations, the Attorney General's
two Reports, and the Minutes of Council relative
thereto, for His Majesty's Consideration, and shall be
glad to be informed whether I may pass the said
Charter, provided it is made conformable to the last
Report of the Attorney General and the Sentiments of
the Council. Charters for the like Purpose have been
lately granted to the Clergy of the established Church
of England in the Provinces of New York, New Jersey
& Pennsylvania, a printed Copy of which is enclosed; 1
1 The need of such an organization having been long apparent, at a meeting of
the clergy at Elizabeth-town, in October, 1767, a committee was appointed to frame
a plan. " In pursuance of this appointment, the Revd. Dr. Smith, Provost of the
College of Philadelphia, the Rev. Dr. Auchmuty, Rector of Trinity Church, the
Revd. Dr. Cooper, President of King's College, both of New York, and the Revd.
Mr. Cook. Missionary in Monmouth county, New Jersey, met at Perth Amboy, May
12, 1768, and framed a plan; which, with some alterations, obtained the approbation
of sundry succeeding meetings of the clergy. A draught of a Charter was also
agreed upon, and Charters soon afterwards passed in each of the three Provinces
of New York, New Jersey and Pennsylvania, by which the Clergy, and a number
of the most respectable Laity named with them, are created a body corporate, in
which ever of these Provinces they may meet, or have occasion to transact busi-
ness. The first meeting of the corporation, agreeable to charter, was convened at
the city of Burlington, in New Jersey, October 4th, being the first Wednesday after
the Feast of St. Michael, 1769."— An Abstract of the Proceedings of the Corpora-
tion for the Relief of the Widows and Children of Clergymen, in the Communion
of the Church of England in America, Philadelphia, 1773, 3, 4. "The charter
granted in Pennsylvania, is dated February 7, 1769; that in New Jersey March 29,
and that in New York September 29, both of the same year; and by a rule of the
corporation the annual meetings are to be held by rotation, once in three years, in
each of the three Provinces."— lb., 5, note. At the anniversary meeting held at
Perth Amboy, October 2, 1771, the sermon was preached by the Rev. Dr. Thomas
Bradbury Chandler, of Elizabeth-town, and was printed by Isaac Collins, at Bur.
jingtou, with a brief abstract of the proceedings, the charter, etc. The sermon was
dedicated " to his Excellency William Franklin, Esq., Governor of New Jersey: in
testimony of that Esteem which is due to Distinguished Merit, and of that Grati-
tude to which a generous Patron and Benefactor is entitled from every well wisher
to our charitable corporation." This was the "printed copy" the well-pleased
Governor enclosed in his letter above. The New Jersey charter, granted by Gov-
ernor Franklin, is recorded in Liber AB of Commissions, in the Secretary of State's
342 ADMINISTRATION or GOVERNOR FRANKLIN. [1772
and a Charter of the same kind was granted some
Years ago to the Presbyterians in Pennsylvania, who
are charged (as is mentioned in the Attorney Generals
Report) with having misapplied a Part of their Fund
in order to propagate and support the Presbyterian
Religion among the new Settlers in different Parts of
the Continent of North America.
L have the Honour to be, with the greatest Respect,
My Lord, Your Lordships most obedient
& most humble Servant
W? Franklin
Petition of The Rev d D 1 Witherspoon & M r E.
Spencer for a Charter
To His Excellency William Franklin Esq? Cap-
tain General Governor & Commander in
Chief in and over the Province of New Jer-
sey in Council
The Petition of the Presbyterian Clergy in Com-
munion with the present Established
Church of Scotland residing in the Pro-
vince of New Jersey aforesaid
Humbly Sheweth
That many of your Petitioners have under their
Care large Congregations of sober and industrious
People Inhabitants of this Colony who though willing
to contribute all in their power towards the decent
Support of their Ministers, yet are unable so to pro-
offloe, at Trenton, fol. 99. It may be added that as this important organization
was effected in New Jersey, so it was in New Jersey, at the meeting of this corpo-
ration, at New Brunswick, on May 11, 1784, that the first forma] steps were taken
for the organization of the Protestant Episcopal Church in America, independent
of the Church of England.— Journals, etc., Hawkes and Perry's Hist., ttotes, etc.,
3 77.- [W.N.I
1772] ADMINISTRATION OF GOVERNOK FRANKLIN. 343
vide for your Petitioners as will put it in their Power
to lay up anything considerable for the Subsistence of
their Widows or provision for their Children after
their Decease while many Charitably disposed Per-
sons of good Estates are willing to contribute towards
establishing a Fund sufficient for their Relief and
Your Petitioners themselves are willing to make small
Annual payments for the same Purpose in Case there
were Proper Persons Appointed & impowered to re-
ceive manage and dispose of the same.
Your Petitioners therefore most humbly pray that
the Premises considered Your Excellency will be
pleased to grant to your Petitioners His Majesty's
Royal License by Letters Patent under the Great Seal
of the said Province incorporating into a body Cor-
porate & Politick with perpetual Succession such fit
and prudent Persons for the purpose aforesaid as to
his most gracious Majesty in his Wisdom shall seem
meet & to invest them with the Necessary Powers
Privileges & Immunities.
And Your Petitioners as in Duty bound shall ever
pray &c?
Signed by Order & in behalf of the Presbyterian
Clergy residing in New Jersey by
Jn? Witherspoon
Elihu Spencer'
Draught of a Charter for incorporating " The
" New Jersey Society for the better Sup-
" port of the Widows and Education of the
1 Elihu Spencer, born at East Haddam, Conn., Feb. 12, 1721, a graduate of Yale in
1746, associated with John Brainerd in Indian Missions, pastor at Elizabethtown,
1750-6; supplied Shrewsbury, Middletown Point, Amboy and the sea-coast towards
Egg Harbor, 1761.4; spent four years in Lancaster Presbytery, Penn., 1765-9, when
he was called to Trenton, where he died December 27, 1784. — Webster's Hist. Pres.
Church, 587-90; Sprague's Annals, III., 165-9; Hatfield's Elizabethtown, 393-8.—
[W. N.]
344 ADMINISTRATION OF GOVERNOR FRANKLIN. [l7?2
" Children of deceased Presbyterian Minis -
" ters in Communion with the present es-
" tablished Church of Scotland"
George &- To all & Whereas our Loving
Subjects the Presbyterian Clergy in Communion with
the present Established Church of Scotland residing
in our Colony of New Jersey North America by their
Humble Petition presented to our Trusty & well be-
loved William Franklin Esq r our Capt n General and
Governor in Chief in & over our said Colony of New
Jersey and the Territories depending thereon in Amer-
ica Chancellor & Vice Admiral of the same, and read
in our Council of our said Province on the day of
— Anno Domini 1771, Have set forth that many
of the Petitioners have under their Care Large Con-
gregations of Sober Industrious People Inhabitants of
this Colony, who tho' willing to contribute all [in] their
Power towards the decent Support of a Gospel Minis-
try, Yet from the Present Scarcity of Cash & many
other Obvious Reasons are, (Especially on the fron-
tiers, Where the Inhabitants are Generally Scattered
& but in Indifferent Circumstances) unable to do more
than Provide a bare maintenance for their Respective
Ministers, who not Choosing to neglect the more im-
portant Duties of their Office, are prevented from Pro-
viding for the Support of their Widows & Children
After their Decease, by which Means, many of them,
Often Suffer the Necessary Consequences of Extream
poverty, while many of their Brethren in Different
Parts, as well as other Charitably disposed persons,
are willing to Contribute towards Establishing & Sup-
porting A Sufficient fund for their Relief in Case there
were Proper persons appointed & impowered to Re-
ceive manage & Dispose of the same, Wherefore the
said Petitioners Have humbly prayed for our Royal
Grant by Letters Patent, under our Great Seal of our
l772] ADMINISTRATION OF GOVERNOR FRANKLIN. 345
said Province To incorporate into a Body Corporate &
Politick with Perpetual Succession, Such fit & pru-
dent Persons for the Purposes afores^ with such Pow
ers Immunities, and Privileges, As we in our wisdom,
shall think meet And Whereas we being willing to En-
courage & forward So usefull pious & Benevolent a
design & being Convinced of the Loyalty & Affection
of the Petitioners to our Person & Government, are
Graciously pleased to Grant this their Reasonable re-
quest, Now Know Ye that we Considering the Prem-
ises, of our Especial Grace Certain knowledge &
meer motion, Have Given & Granted Constituted
and Appointed and by these Presents for us our
Heirs & Successors Give Grant Constitute & Ap-
point unto our trusty and well beloved William Frank-
lin Esq- our Governor and Commander in chief of our
Province of New Jersey, Richard Stockton and John
Berrien Esq 1 : 8 John Witherspoon Doctor in Divinity
William Tennent Timothy Jones Andrew Hunter
John Brainherd Elihu Spencer, Charles M^Kight Is-
rael Read, Benjamin Woodruffe, Alexander M c Whir-
tor, James Caldwili, Azel Roe, Jeremiah Halsey, Enoch
Green Clerks, William P. Smith ; Wiliam Livingstone,
Elias Boudinet and Robert Ogden Esq 1 ? William Bur-
net, Moses Bloomfield & Nathaniel Scudder Gentlemen
that they the said William Franklin, Richard Stock-
ton, John Berrien John Witherspoon, William Ten-
nent, Timothy Jones, Andrew Hunter, John Brainerd,
Elihu Spencer, Charles MPKnight, Israel Read, Benja-
min Woodruff, Alexander M'rWhertor, James Cald-
wili Azell Roe, Jeremiah Halsey Enoch Green, Wil-
liam P. Smith, William Livingstone Elias Boudinot,
Robert Ogden, William Burnet, Moses Bloomfield and
Nathaniel Scudder and their Successors, to be Elected
and Chosen, as is herein and Hereby after appointed
and directed, be, and by Virtue of these Presents for
ever hereafter Shall be, one Body Corporate & Politick,
in Deed, fact and Name; by the Name of "The New
346 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
" Jersey Society, for the better Support of the Widows
"& Education of the Children of deceased Presbyte-
rian Ministers in Communion with the Present Es-
tablished Church of Scotland" — And that they the
said Body Corporate and Politick by the same Name
shall and may Have Perpetual Succession & shall be
known and distinguished in all Deeds Grants, Bar-
gains, Sales Writings, Evidences, Muniments or other-
wise howsoever and in all Courts For ever hereafter
shall plead and be Impleaded Defend and be Defended
by the said Name of The New Jersey Society &c And
that they the said Body Corporate & Publick, by the
Name aforesaid Shall for ever hereafter, be able, & in
Law Capable, for the Benefit, Advantage & Emolu-
ment of the Widows & Children of Deceased Presby-
terian Clergymen aforesaid to have, Get, Acquire, pur-
chase, Receive, take & possess Lands Tenements and
Hereditaments to them and their Successors in Fee
Simple, or for any other Estate, Term or Interest
whatsoever, within our said Colony of New Jersey, to
the amount of one Thousand Pounds Sterling T$
Annum over & above all Reprises and Expences what-
soever, and to take, have, Hold, receive, Enjoy, and
Dispose of Goods, Chattels & other things of what
nature or Quality soever and also to have Accept &
receive any rents Profits Annuities Gifts, Legacies,
Donations and Bequests of any kind whatsoever, for
the Uses aforesaid So Nevertheless that the Clear
Yearly Value thereof doth not Exceed the Sum of
other One Thousand pounds Sterling Money afores*
and therewith and otherwise to Support, Assist and
relieve the Widows and Children of deceased Presby-
terian Clergymen who shall or may become Contribu-
tors to the fund of s d Corporation, and in such Man-
ner rules Proportions & Annuities as shall be Reason
ably Settled Agreed to & appointed, by the Bye Laws
& Regulations which from time to time shall be made
1772] ADMINISTRATION OF GOVERNOR FRAN&LUST. 347
and Enacted by the s^ Corporation and their Succes-
sors, and to Grant bargain Release, Sell, Lett, Sett, or
Assign, such Lands Tenem ts Hereditam ts Goods & Chat-
tels aforesaid to any Person or Persons in fee Simple or
otherwise howsoever and to Contract & do all other
things whatsoever by the Name af 's^ and for the Pur-
poses aforesaid in as full & ample a manner, to all Intents
& Purposes whatsoever, as any Person or Persons or
other Body Corporate and Politick is able to do by the
Laws of that part of our Kingdom of Great Britain
Called England, or of our said Colony of New Jersey
and of our Further Grace Certain knowledge & Meer
motion to the End & Interest that our said Corporation
& Body Politick, may answer the design of their Elec-
tion & Constitution, and may have Perpetual Succes-
sion and Continue for ever, We do for Us, our Heirs
& Successors hereby further will Give and Grant unto
the said New Jersey Society &c and to their Successors
for ever, That whenever the Majority of the said Cor-
poration or their Successors or any greater Number of
them are Convened & Met together for the Service of
the said Society, they & the Majority of them so met,
Shall have full power & Authority from time to time
freely & Lawfully to make & Establish such Ordi-
nances, Orders, Regulations & Laws, as may tend to
the better & more Wholesome Government direction &
Continuing of the said Society for the Purposes afs^
and Also for the better Managing improving increas-
ing distributing & disposing of the funds & Revenue
of said Corporation Provided that the same be in no
w r ays Contrary to the Laws of that part of Great Brit-
ain called England, and of the Colony of New Jersey
and also that it shall & may be Lawfull for said Cor-
poration & their Successors, or the Major part of any
Nine of them or of any Greater Number which shall
Convene for the Purpose as afores^ as Often as any
One or more of the said Corporation shall happen to
348 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
die or by Removal, or Otherwise, shall become unfit
or Incapable According to the Judgment of the said
Majority to serve the Interests of the said Corporation,
as Soon as Conveniently may be after the Death,
Removal, or such Unfitness or Incapacity of any of
the members of our said Corporation aforesaid to Elect
& Appoint Some other fit proper person as to them
shall seem meet to Supply the place of him or them so
dying or Otherwise becoming unfit or Incapable as
aforesaid and Every member so Elected & appointed,
Shall by Virtue of these Presents, and of such Elec-
tion and Appointment be Vested with all the Powers
& Priviledges, which any of the other Members are
hereby invested with, And also we do hereby for us
our Heirs & Successors Give & Grant to the said Cor-
poration & their Successors for ever that the said Cor-
poration & their Successors or the Majority of any
Nine of them, or of any greater Number which shall
Convene, for the Purposes aforesaid Shall & may Elect
Nominate & appoint a President Treasurer and Secre-
tary and all or any other inferior Officer & Officers, as
they or the Majority of them from time to time shall
seem meet — And further of our Especial Grace Certain
knowledge and Meer motion we do by these Presents
for us, our Heirs & Successors, Give & Grant to the
aforesaid Corporation &c to their Successors thai 1 hey
& their Successors Shall have a Common Seal under
which they may pass all Deeds Writings, Contracts,
Agreements, and all other the Affairs and Business of
& Concerning the said Corporation, which shall be
Engraven in such form and with Such Inscription as
shall be devised by the said Corporation, or by the
Major part of them, Convened together as aforesaid
and the same at the Will& Pleasure of them and their
Successors or the Major part of them as aforesaid to
Change alter break ec make new, from time to time
As they shall think best and further We do hereby
1772] ADMINISTRATION" OF GOVERNOR FRANKLIN. 349
Constitute & Appoint the said William Tennent to be
the first President of this our said Corporation and the
said William Peartree Smith to be our first Treasurer
and the said Alexander M?Whertor to be the first Sec-
retary, who shall Continue in their Respective Offices
until another President, another Treasurer & another
Secretary shall be Chosen in their Rooms in manner
aforesaid and also we do Appoint the first Meeting of
our said Corporation shall be on the third Wednesday
in April next at Princeton in the County of Somerset
in our said Colony
And Lastly our Express will and Pleasure is, and
we do by these Presents for us our Heirs & Successors
Give and Grant to our said Corporation & their Suc-
cessors for ever that these our Letters Patent or the
Inrollment thereof in our Secretary's Office for our
said Colony of New Jersey shall be Good and Sufficient
in the Law, to all intents & purposes Whatsoever,
against Us our Heirs & Successors without any Other
Licence Grant or Confirmation from us our Heirs or
Successors hereafter by the said Corporation or their
Successors, to be had, or Obtained, Notwithstanding
the not Reciting or mis Recital or not naming or mis
naming of the aforesaid Offices Franchises, Priviledges
Immunities or other the Premises or of any of them and
notwithstanding a Writ of Ad Quod Damnum hath
not Issued forth to Enquire of the Premises or any of
them before the Ensealing hereof any Statute Act Or-
dinance or Provision or any other matter or things to
the Contrary notwithstanding To Have hold and
Enjoy all & Singular the Priviledges Advantages Lib-
erties Immunities and all other the Premises herein &
hereby Granted & Given or which are meant men-
tioned or Intended to be herein and hereby Given &
Granted unto them the said New Jersey Society &c a
and to their Successors for ever In Testimony
Whereof &c ; -
350 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Copy of the Hon b . le D d . Ogden's Notes on the
proposed Presbyterian Charter — New Jer-
sey—Nov" 28, 1771 —
Notes & Observations on the Draught of a
Charter to Support the Widows & Children
of deceased Presbyterian Ministers —
T am of Opinion that the end proposed by the Char-
ter is laudable and the Governor can with great Pro-
priety pass a Charter to Answer the good purposes
therein intended and do conceive the same may be
fully answered by altering the same in the following
Instances viz- In the first page of the recital leave out
the words {Clergy in Communion with the present es
tablished Church of Scotland) and instead thereof in-
sert {Ministers of the Gospel) and in page 2 nd in the
Name or Stile of the Corporation, Omit the Words (in
Communion with the present Established Church of
Scotland)
The Reasons Inducing me to make the above Alter-
ations are —
1!! That it will be improper for his Excellency to
recognize by the Charter, the Established Church in
Scotland so as to be a Rule or mark of distinction of
any order of Men in New Jersey, more Especially to
Effect any of his Majesty's Subjects under his Gov-
ernment and make their being in Communion with
that Church, a Test of their being Intituled or not to
the Charity intended by the Act —
2H 1 ! That the Draught of the Charter may have a
Tendency to lay a restraint on & Abridge the Liber-
ties of the Presbyterian Ministers, that their Widows
& Children cannot be provided for, According to the
Charitable design of the Charter, unless they were &
continue till Death in Communion with the Estab-
lished Church of Scotland.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN". 351
3* That the giving the Body Politick a Power of
Judging and Determining who are in Communion
with the Church of Scotland, may be the means of
contentions & Disputes among the Presbyterian Min-
isters who do not all hold the same Principles with
that Church.
4. That all the good purposes of the Charter will be
fully answered in the above Alterations.
5. I also think that the Widows & Children of such
Ministers who have Subscribed to the Support &c* are
only to be supported out of the Fund, is too restrictive
of the Charity intended, the Case may happen that a
Minister may be so poor as not to be able, to Subscribe
any Sum to the Fund, yet his Widow & Children,
very proper Objects of Charity; the leaving that to
the Discretion of the Body Politick, I conceive most
Eligible
David Ogden
Nov 1 : 28 th 1771.
Minutes of Privy Council New Jersey Feb ry 2 1 ,
1772
j~*~*j At a. Council held at Burlington on
1 L ' s ' \ Friday February 21 st 1772.
Present
His Excellency The Governor
Charles Read Esq 1- Stephen Skinner Esq r
Samuel Smith Esq r Daniel Coxe Esq 1 '
Richard Stockton Esqr John Lawrence Esq r
His Excellency was pleased to nominate Samuel
Blackwood of Deptford and Thomas Clark of Green-
wich in the County of Gloucester to be Justices of the
Peace in the said County. Henry Freeman of Wood-
352 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
bridge to be a Justice of the Peace in the County of
Middlesex Joseph Reading of Amwell to be a Justice
of the Peace in the County of Hunterdon, and Richard
Cochran and Robert Stockton Esquires to be Judges
of the Pleas in the County of Somerset, to which sev-
eral Nominations the Council assented.
It appearing to the Board that George Brown Es-
quire one of the Justices of the Peace in the County of
Middlesex has greatly misbehaved himself, and is un-
worthy to be continued in the Commission of the
Peace, His Excellency, with the Advice of the Coun-
cil, was pleased to order that a Supersedeas do issue to
the said George Brown.
A Complaint being exhibited ag- Thomas Walker
Esq!' One of the Justices of the Peace in the County of
Middlesex for marrying Persons without Licence or
Publication according to Law, His Excellency was
pleased to order the Dep?' 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 be-
fore the Board a Petition from the Overseers of the
Poor of the Township of Amwell, and a Representa-
tion from the Bench of Justices in the County of Hun-
terdon, 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 Hun-
terdon, in an Action The King against Thomas Her-
ber. And it appearing to the Board that His Excel-
lency had issued the said Order on the Recommenda-
tion 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 properly is-
sued 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 al the
last Term. His Excellency was pleased to lay before
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 353
the Board the Report of the Attorney General, rela-
tive to the Draught of a Charter referred to him by
this Board on the 6*? of December last, for incorporat-
ing "The New Jersey Society for the better Support
" and Education of the Widows and Children of de-
' ' ceased 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 the Charter for raising a Fund. to sup-
port the Widows and Children of Presbyterian Min-
isters, and humbly report to Your Excellency that
several Points have occurred to me, which I con-
ceive are of too much Importance to be decided, but
by the highest Authority.
" Not to dwell upon the Objections which may arise
from the Extension to this Province of the several
Acts of Uniformity passed before this became an
English Colony, and the Consideration how far they
may militate against the Establishment, aimed at
by this Charter, I cannot but remind Your Excel-
lency 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) entitled An Act for securing the Church
of England as by Law Established, It is among other
Things thereby enacted that the Queens Successors at
their Coronation should take an Oath to maintain and,
preserve inviolably the said Settlement of the Church
of England and the Doctrine, Discipline and Govern-
ment thereof as by Law established within the King-
doms of England and Ireland the Dominion of Wales,
the Town of Berwick upon Tweed and the Terri-
tories thereunto belonging. This Act is recited at
large in the Act of Union, as also an Act of the Scotch
354 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
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 Ma-
jesty's Coronation Oath as tending towards an Estab-
lishment repugnant to the Provisions in the said Act
of Queen Anne — or whether in sound Policy the Priv-
iledges 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 Report 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 re-
specting a Petition for an incorporation of the Presby-
terian Ministers Elders & Deacons & 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
conceived 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 General Policy to
comply with the Prayer of that Petition, or to grant
them any other Priviledges than they are intitled lo
by the Laws of Toleration in which Sentiments the
Lords of the Committee of Council agreed, and re-
! This petition (presented in 17li(i and refused in 1767) was for an incorporation
bj the name and stile of the Ministers Elders Deacons and Trustees of the Pres-
in terian Church of the < lity of New York, according to the Westminster confession
of Faith, Catechism, and directory, agreeable to the present established Church of
Scotland," with general corporate powers.- ,\. V. c>i. Docs., VII., 840 '.. 943.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 355
ported to His Majesty that the said Petition ought to
he dismissed, and His Majesty taking the same into
Consideration 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 pro-
posed Charter, presupposes a Conviction on my Part
of the Legality and Propriety of it, and which under
all the Circumstances I cannot presume to affirm, I
thought it my Duty to offer these Suggestions to Your
Excellency's Consideration, conceiving it needless un-
til 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. I am
' ' Your Excellency's most obedient
humble Servant
" Jan 5 : 25, 1772. Cort° Skinner"
The Council having taken the said Report into Con-
siderat" and deliberated thereon, are of Opinion, That
if the said Charter shall be so drawn as to be unex-
ceptionable in Point of Form, and shall be confined
solely to the Purpose of the Charitable Institution
therein mentioned, and the said Corporation made
accountable to this Board for the Monies 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, with-
out refering the same to the Consideration of His Maj-
esty'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 Presbyterian Congre-
gation in that Province, is by no Means similar to the
Case now in Question. '
1 Under date of June 2, 1773, the Earl of Dartmouth wrote Governor Franklin
that the petition of the Presbyterian Ministers of New Jersey for a charter as above
had been fully considered, and the King consented that the Colony seal be affixed
356 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
His Excellency was pleased to inform the Board
that, at the Close of the late Session of General Assem-
bly, 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 Council, taking the
same into Consideration, advised His Excellency to
dissolve the present General Assembly. Whereupon
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 hath been graciously pleased
to give His Royal Assent to an Act of the Legislature
of this Province, passed at Perth Amboy in the Eighth
Year of His Majesty's Reign, intitled "An Act for
choosing Representatives in the County 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 Representatives
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 until after the Dissolution of the present Gen-
tOit.—N. J. Analytical Index, 432. The charter was according granted Decem-
ber^, 1773; it is recorded in Ldber AB of Commissions hi the Secretary of State's
office, Trenton, lol. 184.— [W. N.|
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 357
eral Assembly : I have therefore thought fit, by and
with the Advice and Consent of His Majesty's Coun-
cil, to dissolve the present General Assembly of this
Province of New Jersey, and the said General Assem-
bly 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 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 a Anno Domini 1772.
W' 1 Franklin
By His Excellency's Command
Cha. Pettit D Sec .
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 Sal-
ary due this Day £300. — . —
563 To the same for one Quarters
House Rent 15. — . —
564 To the Hon'ble Charles Read Esq.
second Justice of the Supreme
Court for one Quarters Salary 18. 15. -
565 To the Hon'ble John Berrien Esq.
third Justice of the Supreme
Court for one Quarters Salary 12. 10. —
566 To Samuel Smith EsqV one of the
Treasurers for One Quarters
Salary 10. — . —
567 To Stephen Skinner Esq 1 : One of
the Treasurers for One Quar-
ters Salary 10. — . —
358 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
568 To Cortland Skinner Esq-' Attor-
ney General for One Quarters
Salary 7. 10. —
569 To Charles Petitt Esq? Dep y Clerk
of the Council for One Quar-
ters Salary 7. 10.
570 To Charles Petitt Esq? Dep? Clerk
of the Circuits for One Quar-
ters Salary 5. — . —
571 To John Carty Doorkeeper to the
Council for One Quarters Sal-
ary
2. lo.
572 To Isaac Collins Esq. for printing
the Laws & Votes of the last
Session of General Assembly
and other Services, agreeably
to the Certificate of Abraham
Hewlings & Henry Paxson
Esquires 153. 15. 3
573 To "Richard Smith Esq 1 , for Copy-
ing the Laws & Votes for the
last Session for the Printer
and for recording the Votes of
the House of Assembly in their
Journal I s . — . -
574 To Charles Petitt Esq. for a Copy
of the Laws passed at the last
Session, to send to England . 6. 6. 8
575 To Thomas Wetherill Sergeant
at Arms to the House of As-
sembly for fourteen Days At-
tendance in April and May and
thirty two Days at the Session
in November and December
last 6. 38. -
A true Copy
Cha. Pettit D Clk.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 359
M r Skinner (the Attorney General) his 2 d Re-
port on the proposed Charter for incorpo-
rating the Presbyterian Ministers in New
Jersey.
[Note his first Report is contained in the Minutes of Privy Council Felyy 21. 1772.]
In Obedience to your Excellency's Commands I have
again Considered the Draft of the Charter for incorp-
orating certain Persons and enabling them to raise a
fund for supporting the Widows and Educating the
Children of Presbyterian Ministers, and propose the
following Amendments and additions. — In the the Sec-
ond Line, instead of Presbyterian Clergy, say, Presby-
terian 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 Eng-
land, Ireland, and these Colonies. In Acts of Parlia-
ment 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 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
I s . 1 I intend to make them render Annual Accounts
and subject their Books &c? to inspection if necessary,
and by the
2 f ! That their Charters shall be void upon such mis-
application.
360 ADMINISTRATION OF GOVERNOR FRANKLIN. [1112
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 ( ! Because I am credibly informed, and believe it
to be true, that in a. Neighbouring Government, a Cor-
poration 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 Establish-
ment will be formed for their Teachers not intended
by Government.
Cort d Skinner
Two Clauses proposed by the Attorney General to
be added to the Presbyterian Charter And Lastly,
That the fund nor any part of the Yearly Increase
arising therefrom may be applied to any other Use
than that hereby intended. We do for us our Heirs
& Successors, Ordain Order and Direct that the Ac-
counts and Transactions of the said Corporation le-
gally and properly vouched and Authenticated shall
Yearly be laid before his Excellency the Governor and
our Council of New Jersey, or the Governor or Com-
mander in Chief and the Council for the time being of
our said Province of New Jersey, or such Person and
Persons as they may from time to time appoint in
our said Province in order that our said Governor or
Commander in Chief and Council or such Person and
Persons by them appointed as afores 1 ' may ratify and
confirm the said Accounts, or subject them to such
revisal, Checks, & Confirmation as may be by them
thought just and reasonable. And that the Books,
Journals, Accounts, and Transactions of the said Cor-
poration shall whenever the same shall be judged nec-
essary be open to the Inspection of our Governor or
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 361
Commander in Chief of our said Colony for the time
being, or such Person or Persons as shall be from time
to time for that purpose appointed. And we do here-
by further for us our Heirs and Successors Ordain,
Order and Direct that in Case the said fund or any
part thereof shall be applied at any time to other use
or uses than that hereby meant and intended, that
then and in such Case these our Letters Patent and
every Article, Clause and thing therein Contained,
shall cease, determine, and be void, Anything to the
Contrary Notwithstanding.
The Inclosure N. 6. (viz? Dra* of Charter &c. was
sent to the Plantation Office, & not returned from
thence.
Letter from the Earl of Hillsborough to Gov. Frank-
lin, relative to the Dispute with the Assembly,
and informing him that the King had granted an
adequate salary to the Chief -Just ice.
[From P. R. O. America and West Indies, Vol. 176 (104).l
Whitehall June G'." 1772
Gov r Franklin.
Sir,
I have received your letters N? 37. & 38. and have
laid them before the King. Your letter N? 38 states
fresh Controversy with the Assembly concerning their
Privileges in matters of Election, and I should have
communicated that letter to the Board of Trade for
their Opinion upon it had not the ground of Contro-
versy been, as I conceive, removed by the Resolution
which you inform me the House came to of admitting
the Member elected, in pursuance of your Writ, if the
Assembly had not been dissolved in order to a new
Election. I have the pleasure to acquaint you that
the King has been graciously pleased to give an ade-
362 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
quate Salary to the Chief Justice of New Jersey. I
hope this Mark of His Majesty's Attention to the Dig-
nity & Independence of that Officer will give great
Satisfaction, & as it is His Majesty's Pleasure that he
should no longer accept any Allowance from the As-
sembly, the Province will be relieved from any further
Expence on account of that Establisment. '
I am &c a
Hillsborough
Letter from John Carey to Cortlandt Skinner, rela-
tive to objections made to his acting as Attorney-
General in the Courts of Salem and Cumberland
Counties.
[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. II, No. 13.]
Salem June 12, 1772
Dear Sir
I have presented the Deputations and Letters with
which you favored me to the Magistrates of Salem and
Cumberland, but I found that Mr. Trenchardhad such
an Interest and was so nearly connected with the mem-
bers of both Courts that little regard seemed to be paid
to your power of appointing a Deputy; and the follow-
ing Answer has been given me by Each of the differ-
ent Courts : " Untill the Atty General can convince
us that the Law has Im powered him to make a Dep-
uty, We shall continue to consider ourselves as In-
titled to the appointment in his Absence, and shall
Support the officer who, for sonic years past, has done
the business of the Crown by our direction." Upon
which I took the liberty to tell the Court that, Altho'
the power of an Atty General of appointing a Deputy
should by them be thought controvertible, yet surely
Sec X. .1. Archives. IX.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 363
they had no power to deprive him of those Fees to
which by Law he was justly Intitled, and that with
regard to this matter, you considered yourself as In-
jured in that Mr. Trenchard, whom the Court had
thought proper to continue in his appointment, had
not thought fit to account to you for any part of the
Fees which were legally your due, nor even to appear to
know that there was such a Person in the Province as
His Majesty's Attorney General. To this Mr. Trench-
ard made Answer, that "it was true He had not ac-
counted to the Atty General, nor did he look on him-
self as under a necessity of doing it, Especially as the
Atty General by Issuing Nolle Prosequis indiscrim-
inately was, He was well assured, a much greater
gainer, than if the regular Fees had been duly paid
him." I told him in Reply and referred him to Coke
Lit. 139. b. and Salk. 31, pg. 11, that you was per-
fectly Justified in doing this; as he must know that
the Crown had vested the Atty General alone with
that uncontrollable power, for very wise and good
purposes* as the only Officer to Execute that part of
the Prerogative; and that you was more Especially
Justified as you considered him in some measure as
an Usurper of your Priviledges. I then requested
that a minute might be made of my having presented
such Deputation, and of the reasons the Court had
thought fit to Assign for not admitting of it. But this
both Courts refused, lest, as they said, it should be
drawn into a precedent. I have examined the Min-
utes of both Courts for some time past, and find in
some Terms from 8 to 12 Indictments found in this
County, and 4 to 8 in that of Cumberland. On an
agregate upwards of Forty Indictments a year are
found in the two Counties; and from this you may
Judge of the advantages Trenchard receives from the
Court's appointment. I have done this that you
might, if you thought proper, take the necessary steps
364 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
to do yourself Justice. I find by the report of the
People that Mr. Trenchard has governed himself a lit-
tle despotically, and which they attribute to his hold-
ing all the lucrative offices, and not having had any
Competitor. Besides his business as an Attorney He
acts as Atty General for the two Counties, Surrogate
General for this County, and as a Justice of the Peace.
So that in one capacity or the other, He has had it in
his power to deal out his several degrees of authority
in almost an unlimited manner. He looks on me with
a jealous Eye, and indeed, from what I can learn at
present from the Complaints of his Neighbours, sev-
eral of whom have already put their Business in my
hands, he is not likely to Increase his business much
by my setling in this Town. I find on the whole that
my fixing here is not looked on by the People as a dis-
agreeable Event, and if thro' your Influence or that of
any of my Friends I should get the prosecution of the
Pleas of the Crown, and the Office of Surrogate for
this County, I shall have hopes of procuring a decent
Subsistence, but without some help of this Kind I fear
the practice alone will prove but a very scanty one.
The whole Business of the two Courts does not exceed
Fifty Seals Each Term and this is Divided between
Six Attorneys. I must therefore beg the favor of
your Interposition, and that you will assume that I
am with the most perfect esteem and sincerity my D 1 ' Sir
Your much obliged and
most obed 1 serv*
John Carey.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 365
Report of Richard Jackson, Esq., dated July 2, 1772,
on twenty-five acts passed in the Province of New
Jersey in December, 1771.
[From P. R. O. B. T., New Jersey, Vol. 10, L. 29.]
To the Right Honourable the Lords Commis-
sioners for Trade and Plantations.
May it please your Lordships,
In humble obedience to your Lordships Commands
Signified to me by M-' Pownall I have Perused and
Considered Twenty four Acts passed by the Governor
Council and Assembly of his Majestys Colony of New
Jersey in December 1771, Intituled,
" An Act for the support of Government of his Maj-
"estys Colony of New Jersey to commence the first
" day of October 1771 and to end the first day of Octo-
"ber 1772. And to discharge the Publick Debts and
" contingent Charges thereof."
"An Act to continue and amend an Act, Intitled
"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."
" An Act for defraying Incidental Charges."
" 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."
"An Act to enforce the payment of several old
" arrears due to the Treasury of New Jersey."
"An Act for the Preservation of Deer and other
" Game, and to prevent trespassing with Guns."
" An Act declaring the River Delaware a Common
" Highway and for Improving the Navigation in the
"said River."
366 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
" An Act to revive and continue two Acts therein
mentioned. "
' ' An Act to grant further allowance to the several
" Sheriffs of this Colony for the Subsistance of Pris-
" oners confined for Felony and other Crimes."
' ' A Supplementary Act to the Act, intitled an Act
" for preventing the Waste of Timber Pine and Ceder
" Trees and Poles within the province of New Jersey,
" And to lay a Duty upon all Pipe and Hogshead
" Staves exported out of the same to any of the Neigh -
"bouring Colonies."
"An Act to extend the Jurisdiction of the several
" Counties in this Colony which are divided by Rivers,
" Creeks and Bays."
" An Act for the Relief of Insolvent Debtors."
" An Act to enable and direct the Justices and Free-
" holders of the County of Hunterden to raise the
"sum of Fifty pounds, and the Justices and Free-
" holders of the County of Sussex to raise the like
" sum of fifty pounds to be applied towards Compleat-
"inga Bridge across Musconeteuny 1 Creek near Rob-
" ert Johnstons Mills."
"An Act to impower certain persons therein named,
" to raise a Sum of Money by Subscription or by Tax
" ation, to rebuild and keep in repair the Bridge over
" Rariton River near Bound Brook, known by the
^ Name of Queens Bridge."
"An Act to rebuild and hereafter to repair and
"amend the Bridge over the Stoney Brook near
" Worth's Mills."
" An Act for the Regulation of the Rates to be de
"noanded and received at the Ferries, on the North
" and South Sides of Rariton River within the Corp-
oration of Perth Amboy."
"An Act to impower the Inhabitants of the town-
1 Query : Musconetcung
1772] ADMINISTRATION" OF GOVERNOR FRANKLIN. 367
' ' ship of Deptf ord in the County of Gloucester, to re-
" pair their Public Highways by Hire and raise Money
"for that purpose."
" An Act to enable the Owners and Possessors of
" the Meadows lying on the Southerly Branch of New-
" ton 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."
"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."
" An Act for the more Effectual Maintaining and
" keeping above the Flow of the Tide, that part of the
"Road or Causeway between the Toll Bridge over
"Newton Creek and the Fast Land of Kesiah Tonkin."
" An Act to enable sundry of the Owners and Pos-
sessors of Meadows and Tide Marsh lying on Eng-
" lish'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."
" A Supplementary Act to the Act infilled an Act to
" enable the Owners of the Meadows and Marshes be-
" longing to the town of Salem, to keep out the Tide
" from Overflowing the same."
" An Act for the Relief of Thomas Tindal and James
"Clark the Younger, and for other purposes therein
" mentioned."
" An Act for the Relief of John Budd of Salem."
And I am humbly of Opinion, that the said Acts are
proper in Point of Law.
368 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
I have also perused and considered an Act passed in
New Jersey in the same Year 177:1 , Intitled,
' ' An Act to enable Creditors more easily to recover
" their Debts from Joint Partners within the Colony
"of New Jersey."
This Act appears to me not fit to continue in force,
because an absent Person, may under it be unjustly
Charged as Partner; together with a Person who truly
owes a debt, and makes a fair defence, or perhaps owes
nothing, but collusively with the Plaintiff may permit
Judgment to go against himself and the absent Per-
son, who is not in truth a Partner with him. It is
essential to Justice that no Judicial Determination
shall affect any Man who has not an opportunity of
making a Defence, it is evident that there is no one in
the Case above stated, before the Court, interested
to prove that the Partnership does or did not exist so
that the absent person made liable by this Act of As-
sembly may perhaps have an unjust Judgment entered
against him, against which he might have made a
Successful defence by proving himself no Partner, in
case he had had an opportunity so to do; 1 therefore
humbty beg leave to advise Your Lordships to pro-
pose that the said Act be repealed, to the End that the
Remedy intended by it may be attained without the
Mischief that may frequently happen under the Law
established by this Act,
Which is humbly Submitted by
My Lords, Your Lordships Most Obedient
most Humble Servant,
R Jackson
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 369
Report of Richard Jackson, Esq., on a claim of the
Assembly of New Jersey to order the issuing of a
writ for the election of a new member in the room
of Mr. Ogden, ivho had resigned his seat.
[From P. R. O., B. T., New Jersey, Vol. 10, L. 16.1
15 July 1772.
My Lords,
In Obedience to your Lordships Order Signified to
me by M 1 Pownall in his Letter of the 18 th of Dec r last,
inclosing an Extract of a Letter from Governor Frank-
lin to y e Earl of Hillsborough & also the Minutes of
the Assembly of the Province of New Jersey. I have
taken the said Letter and Minutes into my Considera-
tion; by which it appears that the Assembly have set
up a Claim to order the issuing of a Writ, for the Elec-
tion of a new Member, to serve in that House for the
County of Essex in that Province in the Room of M r
Ogden who had resigned his Seat.
And I am humbly of Opinion, that the said Claim is
illegal, unconstitutional, & altogether unwarranted by
any approved Usage or Practice in Great Britain or
any of her Colonys & I apprehend that notwithstand-
ing the Resignation of M r Ogden, his seat continues
full, & that y e Order founded upon his Resignation is
void because it issued improvidently which is humbly
submitted by
My Lords Y r Lordships most Obed 1
& most hble Serv*
R Jackson
24
370 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1772
Draft of a Clause to be inserted in the instructions to
Governors in America, giving them as Chancel-
lors the power to issue commissions for the care
and custody of idiots and lunatics.
I From P. R. O. B. T. Plantations General, Vol. 42, p. 426.]
Whitehall July 29, 177^
To Lord William Campbell, Governor of Nova
Scotia
Mjj Lord,
The King having been pleased, with the Advice of
His Privy Council, to signify to Us His Majesty's
Pleasure, that We should, in all future draughts of
Commissions for Governors in the Plantations, insert
a Clause, giving them, as Chancellors, the necessary
Powers to issue Commissions for the Care and Cus-
tody of Ideots and Lunaticks, agreable to the usage
and practice in this Kingdom ; inclosed We send you
the Draught of such a Clause, as We have prepared
for that purpose, desiring to be informed, whether
there is any, or, if any, what objection (founded on
any provisions, which may have been already made
by Law for those Purposes,) to the inserting such
Clause in any future Commission for the Governor of
Nova Scotia,
We are, My Lords, Your Lordship's
most obedient hum : Ser ,s
Hillsborough
Ed: Eliot.
Bamber Gascoyne.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 37l
Draught of a Clause proposed to be inserted in
the Commissions for Governors of His Ma-
jesty's Plantations in America.
And Whereas it belongeth to Us, in Right of Our
Royal Prerogative to have the Custody of Ideots, and
their Estates, and to take the Profits thereof to our
own use, finding them necessaries; and also to provide
for the Custody of Lunaticks, and their Estates, with-
out taking the Profits thereof to Our own use; And
Whereas, while such Ideots, and Lunaticks, and their
Estates remain under Our immediate Care, great
trouble and charges may arise to such, as shall have
occasion to resort unto Us for directions respecting
such Ideots and Lunaticks, and their Estates; and con-
sidering, that Writs of Inquiry of Ideots and Luna-
ticks are to issue out of Our several Courts of Chan-
cery, as well in Our Provinces in America, as within
this Our Kingdom respectively, and the Inquisitions,
thereupon taken are returnable in those Courts; We
have thought fit to instrust you with the Care and
Commitment of the Custody of the said Ideots, and
Lunaticks, and their Estates; And We do by these
Presents give and grant unto You full Power and
Authority, without expecting any further special
Warrant from Us, from time to time to give Order
and Warrant for the preparing of Grants of the Cus-
todies of such Ideots and Lunaticks, and their Estates,
as are, or shall be found by Inquisitions thereof taken,
or to be taken and returnable into Our Court of Chan-
cery; and thereupon to make, and pass Grants and
Commitments, under Our Great Seal of Our Province
of Nova Scotia, of the Custodies of all and every such
Ideots and Lunaticks, and their Estates, to such Per-
son or Persons, Suitors in that behalf, as according to
the Rules of Law, and and the use and practice in
those and the like Cases, you shall judge meet for
372 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
that Trust, The said Grants and Commitments to be
made in such manner and form, or as nearly as may-
be, as hath been heretofore used and accustomed in
making the same under the Great Seal of Great Brit-
ain, and to contain such apt and convenient Covenants,
Provisions and Agreements on the part of the Com-
mittees and Grantees to be performed, and such Se-
curity to be by them given, as shall be requisite and
needful.
Commission of David Ogden as Supreme Court Jus-
tice.
[From Liber AB of Commissions, in Secretary of State's Office, at Trenton, fol. 111.]
George the Third by the Grace of God of Great
Britain France and Ireland King Defender of the
Faith &c. To our Trusty and welbeloved David Og-
den' Esq. Greeting We reposing special Trust and Con-
1 David Ogden, the oldest son of Col. Josiah Ogden, of Newark (third son of Da-
vid Ogden, of Elizabethtown— see Newark Bi-Centennial, 148), was born about 1707,
was graduated from Yale College in 1728, standing second in a class of twelve (Yale
Triennial), studied law in New York, and returning to New Jersey, by his abilities
and untiring industry in the course of time stood at the head of the bar of his na-
tive State. " Solid, rather than brilliant; more distinguished for accuracy of judg-
ment than fertility of invention, and for clearness of apprehension than for quick-
ness of perception; of deep learning; of long practice ; and of unsullied integrity ;
he seemed to combine every property requisite for a Judge." Upon the beginning
of hostilities with Great Britain he left Newark, and took refuge with the British in
New York, where he remained during the War, becoming a member of the Board
of Refugees, established in 1779. In a letter from his son, Isaac Ogden (also a law-
yer, who accompanied his father to New York), of February 6, 1779, to Joseph Gal-
loway, he says: " The State of New Jersey have again taken the lead, in passing a
Law declaring all Persons from that Province under the Protection of the King's
Troops, Guilty of Hiqh Treason & their Estates forfeited, in Consequence of this
Law my Father and Myself, with many others have had Judgments enter'd against
us, & our Estates declared forfeited, & our Real Estates advertized for sale on the
lirst of March. This is no more than I Expected, & is of little Moment or im-
portance, as without the Restoration of Government I could never Expect to Enjoy
it." — Nelson Manuscripts, After the peace Judge Ogden went to England, where
he received compensation for the confiscation of his property. In 1790 he returned
to the United States, taking up his residence at Jamaica, Long Island, where his
brother, Dr. Jacob Ogden, had long lived (see "Antiquities of Grace Church.
Jamaica "). There he died in 1800, at the age of 93. The fullest sketch of his lift
is to be found in Field's "Provincial Courts of dew Jersey;" the biography in
Sabine's "Loyalists" is condensed from the same account | W. N |
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 373'
fidence in your Integrity Learning and Ability have
assigned constituted and appointed And We do by
these presents assign constitute and appoint you the
said David Ogden Esq. to be one of the Justices of our
Supreme Court of Judicature for our Province of New
Jersey in America: Giving and by these presents
Granting unto you full power and Authority to hear,
try, and determine all Pleas whatsoever Civil or Crim-
inal & mixed, according to the Laws Statutes and
Customs of Great Britain, and the Laws and Usages
of our said Province not being repugnant thereunto
and Execution of all Judgments of the said Court to
award and make such Rules and Orders for the Bene-
fit of the said province as may be found Convenient
and usefull and as near as may be agreeable to the
Rules & Orders of our Court of Kings Bench, Com-
mon Pleas, and Exchequer in Great Britain To have
and to hold the said Office or Place of one of our Jus-,
tices of our Supreme Court of our said Province of
New Jersey with ail and singular the Rights privi.
ledges Profits Salaries Fees and Perquisites to the said
Place belonging unto you the said David Ogden for
and during our Will and pleasure 1
In testimony whereof We have Caused the Great
Seal of our. said Province of New Jersey to be hereun-
to Affixed
Witness our Trusty and welbeloved William Frank-
lin 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 in the same &c. at Burlington the
Eighteenth day of May Anno Domini 1772.
Pettit.
1 See N. J. Archives, IX., 323, note.
374 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Letter from the Earl of Hillsborough to Gov. Frank-
lin, relative to the Claim of the Assembly of New
Jersey to order the issuing of a writ for the elec-
tion of a new member for the County of Essex.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Whitehall 7? August 1772.
Gov 1- of New Jersey.
Sir,
The Lords Commissioners for Trade and Plantations
having made their Representation to His Majesty up-
on the claim of the Commons House of Assembly of
the Province of New Jersey to order the issuing a
Writ for the Election of a new Member to serve in
that House for the County of Essex, in the Room of
M' Ogden who had resigned his Seat; I am com-
manded by the King to acquaint you, that his Majesty
considers the said claim as illegal unconstitutional &
altogether unwarranted by any approved Usage or
Practice in Great Britain or any of her Colonies; &
that notwithstanding the Resignation of M r Ogden,
his Seat continues full, and the order, founded upon
his Resignation, is void, because it issued improvi-
dently. It is therefore His Majesty's Pleasure that
you do not permit the Seal of the Colony to be affixed
to any Writ that shall be issued upon the Ground of
such a claim.
I am &CI 1
Hillsborough.
P. S. I have opened my Letter to acquaint you,
that I have this Moment rec f ! your Dispatehes X s 40 &
1 1. and shall not fail to lay them before the King.
H.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 375
Letter from the Earl of Dartmouth to Gov. Franklin,
relative to the plundering and burning of the
Gaspee Schooner in the River of Narraganset.
[From P. R. O. America and West Indies, Vol. 1V6 (194).]
Whitehall 4 th Sept r 1772
Governor of New Jersey
Sir,
The inclosed papers will fully inform you of the
Measures that have been judged necessary to be taken
upon the informations that have been received of the
daring Insult offered to His Majesty's Commission in
the plundering & burning the Gaspee Schooner in the
River of Narraganset within the Colony of Rhode Is-
land.
In Consequence of the Commission 1 which has been
1 This Commission is given in full in the Records of the Colony of Rhode Island,
page 108, and is directed to Joseph Wharton, Governor of Rhode Island, Daniel
Horsmanden, Chief-Justice of New York, Frederick Smyth, Chief-Justice of New
Jersey, Peter Oliver, Chief -Justice of Massachusetts, and Robert Auchmuty,
Judge of the Vice-Admiralty Court at Boston, who were charged to euquire into
and report a full and true account of all the circumstances relative to the attack
and burning of the schooner Gaspee. This vessel was a tender to a. sloop of war
stationed at Newport, R. I., for the purpose of preventing the clandestine landing
of articles subject to the payment of duty, and its Captain, Wm. Dudingston, a
Lieutenant of the British Navy, had rendered himself very obnoxious by making
it his practice to stop and board all vessels entering or leaving the ports of Rhode
Island, or leaving Newport for Providence. On the 9th of June (see Proclamation
of Gov. Warton) Captain Dudingston, for the purpose of searching a sloop called
the Hannah, which left Newport on that day. gave chase to her and ran on Namquit
Point and grounded. Captain Lindsley, of the sloop Hannah, reported this circum-
stance to Mr. John Brown, a merchant of Providence, who, resolving upon the de-
struction of the Gaspee, immediately directed one of his trusty shipmasters to col-
lect eight of the largest long boats in the harbor, and to proceed quietly to a wharf
opposite the dwelling of one James Sabine. Soon after sunset a man passed along
the main street beating a drum, crying out boldly that the Gaspee was aground on
Namquit Point, and inviting those who felt a disposition to go and destroy tha
troublesome vessel to repair in the evening to Mr. James Sabine's house. The as-
semblage at that place was large. The boats proceeded upon their errand. With
scarcely any resistance the' crew of the Gaspee became prisoners (the Captain
wounded by a musket shot,) and the vessel burned to the water's edge.
The Commission, of which Judge Smyth was a member, met at the State House
370 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
issued on that Occasion, I have signified to W. Smyth
His Majesty's Pleasure that he do repair with all con-
venient Dispatch to Rhode Island in order to the car-
rying that Commission into Execution & as it will he
of great Use to that Gentleman to be informed of the
different Measures which have been adopted, as well
as of the Nature of the Commission, & the Orders
given to the Governor of Rhode Island in consequence
thereof, you will do well to communicate to him the
inclosed papers; but you are to observe that the Trans-
mission of them to you is only for your private infor-
mation, & consequently that the Communication of
them to the Chief Justice must be considered by him
in the same Light. I am &c*
Dartmouth. 1
at Newport on the 5th of January, 1773, and closed their labors on the 23d of June
following. The result of this long enquiry amounted, however, to nothing, except,
perhaps, the condemnation of the conduct of the Captain of the Gaspee, of whom
the Commissioners in their report to the King said: " There is too much reason to
believe that in some instances Lieutenant Dudingston, from an intemperate, if not
a reprehensible zeal to aid the revenue service, exceeded the bounds of his duty. - '
The poet of this occasion, after a vivid description of the affair, closes as follows:
" Now, for to find these people out,
King George has offered very stout
One thousand pounds to find out one
That wounded William Dudingston.
One thousand more he says he'll spare,
For those who say they sheriffs were ;
One thousand more there doth remain
For to find out the leader's name ;
Likewise five hundred poimds per man
For any one of all the clan—
But let him try his utmost skill,
I'm apt to think he never will
Find out any of those hearts of gold,
Though he should offer fifty fold."
1 The Right Hon. William, Earl of Dartmouth, was appointed. August 14, 1772, to
be " one of His Majesty's Principal Secretaries of State," there being committed
to his special care the dispatch of all such business as related to the Colonics, in
place of Lord Hillsborough,— Dodslei/s Annual Reaister, for 1772, 162; N. Y. Col-
Docts., VIII., 303. One of the causes generally assigned for the change has a local
interest, as relating to Governor Franklin. The (iovernor had become interested
as early as 1766 in a project to found a colony <>n the Illinois river, Col. George
Croghan being one of the originators of the enterprise.— Franklin's Works, IV.-
388-41. There were at that time insurmountable ol stacles in the way of safely set-
tling a region so remote from the frontier, and in 17GS, doubtless while negotiating
with the Indians at Fort Stanwix for the establishment of a well-defined frontier
line, Governor Franklin, Sir William Johnson, Col. Croghan, Samuel Wharton and
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 377
Letter from Mr. Powuall to the Chief- Just ices of New
York, New Jersey, Massachusetts Bay and the
Judge of the Vice- Admiralty Court at Boston,
relative to the destruction of the Gaspee schooner.
[From P. R. O. America and West Indies, Vol. 270. |
Whitehall 5*? Sept[ 1772
Dan! Horsmanden 1 Esq r . Chief Justice of New
Hampshire [York] Frederick Smyth Esq 1 :
Chief Justice of New Jersey Peter Oliver
Esq 1- Chief Justice of Massachusetts Bay
Rob* Auchmuty Esq 1 ' Judge of the Adm'ty
Court at Boston
Sir,
Since the Earl of Dartmouth's Letter to you of yes-
terday's Date, a dispatch has been received from Rear
others then and there present, arranged to establish their colony south of the Ohio
river and west of the Alleghanies. Benjamin Franklin and Thomas Walpole, a Lon-
don banker, having been enlisted in the project, the tract was called after the
latter, the "Walpole Grant," while the company were generally known as the
"Ohio Company." Application having been made to the Crown for a grant, of
the tract in question, Lord Hillsborough strenuously opposed it, and presented an
elaborate report against it (April 15, 1772), and with rare foresight gave as one rea.
son that such a colony " must draw and carry out a great number of people from
Great Britain; and I apprehend they will soon become a kind of separate and inde-
pendent people, and who will set up for themselves." To this Dr. Franklin replied
in one of the ablest of his public papers, bristling with facts, figures and argu-
ments, which led the Lords of Trade to recommend the granting of the desired
patent. However, it was so delayed by the troublous state of the times that the
grant was never signed by the King. — Franklin's Works, IV., 302-80; ante, 112, note.
Writing to the Governor, under date of August 17,1772, Dr. Franklin said: "At
length we have got rid of Lord Hillsborough, and Lord Dartmouth takes his place,
to the great satisfaction of all the friends of America. You will hear it said among
you, I suppose, that the interest of the Ohio planters has ousted hm ; but the truth
is, what I wrote you long since, that all his brother ministers disliked him ex.
tremely, and wished for a fair occasion of tripping up his heels; so, seeing that he
made a point of defeating our scheme, they made another of supporting it on pur.
1 Daniel Horsmanden was one of the most famous of the early Recorders of New
York city; was for many years a m< mler of the Council, and Chief -Justice of New
York from 1703 until his death In 1778, at New York City, in his eighty-fifth year.
Quite a fall biographical sketch of him is given in N. Y. Col. Docs., VII., 528, note.
378 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
Admiral Montagu containing an Account of a dis-
covery of the names of some of the persons stated to
have been King-leaders in the Attack upon, & burning
the Gaspee Schooner, ' and I am directed by His Lord-
ship to transmit to you for your Information the in-
closed Copy of a paper containing the particulars of
that Discovery.
I am &c.
J. Pownall.
Letter from Governor Franklin to the Earl of Hills-
borough, informing him that the Assembly had
granted money for the support of the Ring's
troojDS.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Burlington Oct- 5 th 1 772
Right Hon We the Earl of Hillsborough &c. &c.
My Lord.
I am just returned home from Perth Amboy, where
I have been for some Weeks past holding a Session of
pose to mortify him, which they knew his pride could not bear. * * * * The
King's dislike made the others more firmly united in the resolution of disgracing
Hillsborough, by setting at naught his famous report." — Works, Vlll., 10. In a
letter to Joseph Galloway, of August 22, 1772, Franklin says: "Lord Hillsborough,
mortified by the Committee of Council's approbation of our grant, in opposition to
his report, has resigned. I believe, when he offered to do so, he had such an opin-
ion of his importance, that he did not think it would be accepted: and that it
would be thought prudent rather to set our grant aside than part with him. His
colleagues in the ministry were all glad to pet rid of him. and perhaps for this rea-
son joined more readily in giving him that mortification."— A.. 17. If, as Franklin
surmises, the King favored this humiliation of Lord Hillsborough, he certainly
palliated the effect of it by a more substantial mark of his favor, for among the
promotions recorded for the year was this, under date of August 12: " The Right
Hon. Wills Hill, Earl of Hillsborough, in Ireland, and Lord Harwich, Baron Har-
wich, in Essex, and to his issue male, ilie dignitaries of Viscount and Karl of Great
Britain, by the titles of Viscount Fairford, and Earl of Hillsborough, in the county
of Gloucester."— Dodslei/'s Animal Register, for 1772. 168. Franklin summed him
up thus: " His character is conceit, wrongheadedness, obstinacy and passion."—
Works, Vll . 607. In His first letter, <>f January 31, 1769, Junius holds Lord Hills-
borough largely responsible for the disturbed state of affairs in America. | \\ . N |
See note to the foregoing letter.
1772] ADMINISTRATION" OF GOVERNOR FRANKLHST. 379
Assembly. As soon as a Copy of the Proceedings can
be made out, I shall do myself the Honour to transmit
them to your Lordship.
Your Lordship's Dispatches N° 37, 38, & 39, are just
come to hand, but as the last Post which has any
Chance of reaching the Packet that is to sail this
Week from New York, is expected to pass by here
every Minute, I have only Time to acquaint your Lord-
ship, that I have obtained from the Assembly (not-
withstanding all the Eesolutions of the late House to
the Contrary) a Sum of Money for the Support of the
King's Troops which the General has lately ordered to
be quartered in the Barracks of this Colony until the
Transports shall arrive which are to carry them to the
West Indies.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient,
& most humble Servant
W* Franklin
Letter from Chief -Justice Smyth to the Earl of Hills-
borough, relative to the robbery of the Treasurer
of the Province, and to his traveling expenses on
the circuit.
[From P. R. O. America and West Indies, Vol. 176 (194).]
Amboy New Jersey October 5*? 1772.
My Lord,
As your Lordship was pleased to express some de-
sire to hear from me on my return to North America,
I have the honor to acquaint you that I arrived at
New York on the 22? of last month, and hearing that
the General Assembly of this Province was then sit-
ting, I took the first opportunity to come over to New
Jersey; The Governor and Assembly on my arrival
380 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
were engaged in a violent contest on the subject of
the Treasurer of the Province, who about four Years
since was robbed of about £6000 of the public money;
a former Assembly took great pains to enquire very
minutely into all the circumstances relative to the
Robbery, and Eesolved in effect, that the money was
lost through the negligence of the Treasurer, and that
he ought to replace the same sum in the Treasury;
which however he is not inclined to do, 'till compelled
to it. — the present Assembly apply to the Governor to
remove him from his office, and appoint another,
which the Governor positively refuseth to do, in the
course of this altercation very long messages are
penned, in the language of some parts of which I
must think the dignity of Government much degraded;
I am truly sorry for this dispute, as in other respects
the Province is in perfect tranquility, but I doubt this
extraordinary attachment which the Governor has
shewn to the Treasurer, will occasion much discon-
tent, if not worse consequences.
I have taken occasion since my arrival to collect
the opinion of people in general on the subject of the
new projected Government on the Ohio, and I can
with great truth assure your Lordships, that nothing
can equal the astonishment that is expressed by every-
body that such falsehoods as have been advanced on
the subject of the number of people said to be assem-
bled, should meet with any kind of belief, or that
such absurdities with respect to an easy intercourse
with the other Colonies, and with the mother Country
from the intended settlement, should be a moment at-
tended to as the contrary must be obvious to every-
body at all acquainted with the course of the Country
— the distance, and natural impedim 18 — your Lord-
ship's opposition to this measure is highly applauded
by everybody I discoursed with at New York on the
subject, and by everybody in this province, one indi-
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 381
vidual only excepted, whose name I need not mention
when I tell your Lordship that he is very industrious
to hand about, certain Observations on the Report of
the Board of Trade, relative to the petition of the As-
sociates &c. ' I am under the necessity to mention a
matter to your Lordship relative to myself, and shall
wait your determination on the subject, before I allow
myself to say one word to any person in the province.
I well remember that your Lordship has enjoined me
to receive no farther Salary from the Assembly of
this Colony — the Governor has shown me your Letter
to him on the same subject, which he also communi-
cated to the Assembly 2 — but a doubt has been started
by the Governor and Council whether the annual al-
lowance for traveling expences through the Province
to hold the Assizes may be received by me. In the
annual support Bill there is constantly given a sum to
defray the expences of such of the Judges as shall go
the Circuits — since my Residence I have constantly
every year traveled through the Province to hold the
Assizes, and for my expences in this service I have
been allowed to receive about £100 f? ann— the As-
sembly in the Support Bill of this year tho' framed
and passed since the receipt of your Lordship's Letter
on the subject of my Salary from the Crown have
given the same allowance as usual to defray the
Judges expences on the Circuit, but the Gov!' and
Council are of opinion that I ought not to receive any
part of this allowance, be that as it may I shall cer-
tainly go the Circuit and hold the Assizes as usual,
but shall not allow myself to demand any allowance
for my expences, till I have your Lordships opinion
that I ought to receive it — surely this is very different
from a Salary for a support — it is rather a fee for cer-
1 The reference is doubtless to Governor Franklin. The paper entitled " Observa-
tions," etc., was Dr. Franklin's reply to Lord Hillsborough's Report on the Ohio
Company.
2 See June 6, 1772.
c
382 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
tain services or an allowance to defray a certain ex-
pence, plentiful & permanent as the Judges Salaries
are in England, their traveling expences are defrayed
by the Crown on the Circuit, over and above their
Salaries. — now as there is an annual sum voted by the
Assembly for the purpose, if I am not allowed to re-
ceive it, it will sink in the Treasury, and the Assem-
bly will have the appearance, and credit, of contrib-
uting to the expence of the administration of Justice,
tho' in fact that expence will come out of the pocket
of the Chief Justice whenever he goes a Circuit.
I think it will be some satisfaction to your Lordship
to know that I am informed on enquiry, the importa-
tion and demand for British Goods is very great at
present in all the Colonies — and that the projects for
establishing manufactories are almost at an end, and
hardly mentioned but to be laughed at.
I am my Lord with the utmost Respect and Grati-
tude
Your Lordship's much obliged
& obed' Hum e Serv'
Frederick Smyth.
Letter from Gov. Franklin to the Lords of Trade, rel-
ative to the care and custody of Idiots and Luna
tics.
[From P. R. O. B. T. New Jersey, Vol. 10, L. 17.1
Burlington New Jersey Oct- 12*? 1772
The Right Hon b . le the Lords Commiss ls for Trade
& Plantations.
My fiords
I am honoured with your Lordship's Dispatch of the
29 1 ? 1 of July, respecting a Clause proposed to be in-
serted in the Commissions for Governors of His Ma-
jesty's Plantations in America, giving them, as Chan-
i772] ADMINISTRATION OP GOVERNOR FRANKLIN. 3 83
cellors, the necessary Powers to issue Commissions for
the Care and Custody of Ideots and Lunatics. — At
present I cannot see that there is any well founded
Objection to be made to such a Clause, and I think it
may be of Advantage to the King's Subjects in the
Colonies. The Laws of this Province have made no
Provision that I can find respecting either Ideots or
Lunatics, and I believe there have been Instances
where the Governors, as Chancellors, have undertaken
to act in the Manner which it is intended by the pro-
posed Clause they shall be authorized to do for the fu-
ture. I shall, however, in a few Weeks have an Op-
portunity of consulting the Attorney General, and
some of the Gentlemen of the Council, upon the Sub-
ject; when, if any Objection should occur, I shall not
fail to acquaint your Lordships therewith by the first
Opportunity.
I have the Honour to be, with the greatest Respect,
My Lords, Your Lordships most obedient
& most humble Servant
W? 1 Franklin
Memorial of Attorney- General Skinner to the Earl of
Dartmouth, praying that he may obtain an ade-
quate salary from the Crown for his services.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Perth Amboy 30 th October 1772
To the Eight Honorable The Earl of Dartmouth
His Majesty's Principal Secretary of State
for the Colonies in America &c?
The Memorial of Courtland Skinner Attorney
Generall of the Colonie of New Jersey
Humbly Sheweth
That your Memorialist hath held the Office of Attor-
384 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
ney General of New Jersey for upwards of Eighteen
Years —
That the Salary allowed your Memorialist by the
Colonie, so far from being an Adequate compensation
for his Services, is not equal to twenty Guineas Per
Annum- —
That in consequence of Laws of the Colonie, which
from time to time have received the Royal assent, and
by the particular Usage and Custom of the Colonies
the fees of Office, and other perquisites due to the At-
torney Generall, as Prosecutor for the Crown, have
been curtailed, or established at rates, not only infinite-
ly lower than in England, but also much below the fees
Allowed for Criminal Prosecutions in the Neighbour-
ing Colonies, insomuch that it may with truth be
averred, that the necessary Attendance of the Attor-
ney Generall at the several Courts of the Province, to
prosecute the Pleas of the Crown, is in many In-
stances not only extremely burthensome, but absolute-
ly expensive to him, for in Criminal Prosecutions Not-
withstanding all his Trouble in taking the Necessary
Steps to bring Offenders to Justice: no fees whatever
are to be taken by him, unless the Accused is Con-
victed, and Even upon Convictions, the Defendants
are often so poor that Nothing can be had, or if any
thing, seldom without an Abatement of that Little
which by Law is due.
That your Memorialist Notwithstanding these (lis
advantages and altho' his Services for as many years
have been so Poorly Requited hath never failed to
make the furtherance of the Public Justice of the Col-
onie his fixed object, and upon occasions of difficulty
and even danger, from the Licenciousness of particu-
lar times, hath discharged the duties of his Office, as
an Active and resolute Servant of the Crown for which
he begs Leave to appeal to the present as well as
former Representations of the Governor of this Colonie.
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 385
Your Memorialist further begs Leave to Represent
to your Lordship, That as the Governor's Application
to the Assembly for an encrease of the Salaries to the
Officers of Government, has been without effect, so
your Memorialist humbly hopes, as his Majesty has
been Graciously pleased to Allow Salaries to the Offi-
cers holding like commissions with your Memorialist
in Other Colonies (where the emoluments to the Office
are greater from the Grants of the Lands, belonging
to the Crown, and other Circumstances unknown in
this Colonie) That Your Lordship will consider him as
a proper Subject for Royal favor, and that thro' your
Patronage he may obtain such a Salary from the
Crown, as may be thought adequate to his Services
and the Importance and Usefullness of his Office in
this Colonie.
And Your Memorialist as in Duty bound shall ever
pray —
COURTLAND SKINNER
Letter from Governor Franklin to the Earl of Dart-
mouth, transmitting Minutes of Council and As-
sembly, with his observations on the Boundary
Act, the act enabling all subjects of his Majesty to
inherit real estate, and the Lottery Act.
[From P. R. O. America and West [ndies, Vol. 347 (422).]
Burlington 28 th Nov!" 1772
My Lord,
I have the Honour to transmit to Your Lordship by
this opportunity Copies of the Journals of the Privy
and Legislative Council, the Votes of the Assembly
and the Laws passed at the last Session held at Perth
Amboy Of these, three are passed with Clauses sus-
25
380 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772
pending their taking effect until His Majesty's Pleas-
ure shall be signified thereupon viz^
I s . 1 "An Act for establishing the Boundary or parti-
tion Line between the Colonies of New York & Nova
Caesarea or New Jersey, and for confirming the Titles
& possessions." This Act is made exactly conforma-
ble to one lately passed in the Colony of New York for
the same purpose. It enacts that the partition Line
decreed by the Commiss rs appointed by His Majesty
shall for ever hereafter be the Boundary between this
Colony & the Colony of New York. Should these
Laws receive His Majesty's Confirmation, an End will
be put to a Controversy which has been frequently
attended with very disagreeable Consequences to both
Colonies.
21 "An Act to enable all Persons who are His Majes-
ty's Liege Subjects, either by Birth or Naturalization,
to inherit and hold real Estates, notwithstanding any
defects of Purchases made before Naturalization within
this Colony." A Law of somewhat a Similar nature
to this (passed at the Session in October 1770) was dis-
allowed by His Majesty; but as the present one is no
way different in Substance, & as nearly as possible in
the very words, of one passed in the same manner in
New York, and lately approved of by His Majesty, I
could not refuse it my Assent, especially as I can look
upon it in no other light than as a petition to the King,
the prayer of which is just and equitable. Should
Your Lordship, however, be of Opinion, that such
Laws which may any ways concern the Royal pre-
rogative, ought not to be passed, even with a Suspend-
ing Clause, unless a previous permission has been ob-
tained from the Crown, and will please to point out to
me the manner in which such permission is to be ap-
plied for, I shall not fail to conform thereto for the
future. My Reason for mentioning this is. because it
seemed to be the sense of the Board of Trade, in their
1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 387
Report on the former Law, tho' it had the like sus-
pending Clause, that a Matter of that kind, " ought
' ' not to have been the Object of a Law in this Colony
'.'without His Majesty's permission first obtained."
As I have before, in a Letter to Lord Hillsborough, N°.
30, made some Observations on this head, it is need-
less to trouble Your Lordship with a Repetition of
them here. 1
3 C * "An Act to enable certain persons to erect and
draw a Lottery for raising the Sum of One Thousand
& fifty pounds, to be applied for the purposes therein
mentioned." The principal purpose of this Lottery
is to defray the Expences of making a Road that will
be highly beneficial to the Inhabitants settled in the
North Eastern parts of this province, and to the City
of New York, which must otherwise fall upon a pub-
lic spirited Gentleman who has already expended con-
siderable Sums on that account. 2 This Law being of
immediate Necessity, it would be extremely agreeable
to the Inhabitants of that part of the Colony to have
His Majesty's Confirmation of it as soon as possible,
and I cannot but earnestly recommend it to Your
Lordship for that purpose.
The other Laws sent herewith have, I believe, noth-
ing in them extraordinary, and therefore need not to
be particularly mentioned.
I am &c
W? Franklin.
'The act was confirmed by the King in Council Sept. 1, 1773.— iV. J. Analytical
Index, 433.
2 The road had been constructed some years before by Col. John Schuyler, at his
own expense, for three miles through the cedars and the meadows, from his cop-
per mine at Second River to the main road leading from Newark to New York.
The law did not receive the royal assent until April 13, ITU— Allison's Lairs, 385 ;
Josiah Hornblower. etc., 29-30, note.— [W. N.]
388 ADMINISTRATION OF GOVEBNOB FRANKLIN. [1773
Letter from the Earl of Dartmouth to Gov. Franklin^
expressing his satisfaction with the conduct of
the Assembly.
[From P. R. O. America and West Indies, Vol. 194, No. 68.]
Whitehall 9 1 !' Dec" 1772.
Governor Franklin.
Sir,
I have received and laid before the King your letter
to Lord Hillsborough of the 5*. h October N° 42. and also
one addressed to me of the 19 th of the same Month.
As I have no Commands from His Majesty to sig-
nify to you upon either of these letters, I have only to
add that it is a great Satisfaction to me to find that
the Resolutions of the late Assembly had no Influence
upon the Conduct of the present, & that they have
given so proper a testimony of their Zeal for the
King's Service, & respect for the supreme Authority
of Parliament, in making the requisite Provision for
the Support of the King's Troops.
I am &c a
Dartmouth.
Letter from Gov. Franklin to the Earl of Dartmouth
relative to papers transmitted to Chief -Justice
Smyth.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington J an' y 4 th 1773.
Right Hon ble the Earl of Dartmouth &c. &c. &c.
My Lord.
Immediately on the Receipt of your Lordship's Dis-
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 389
patch of the 4 th of September (which did not come to
hand till the 22 d of last Month) I transmitted the en-
closed Letter and Papers to M r Chief Justice Smyth at
Amboy, who in a few Days after set out for Rhode
Island, in order to assist in carrying into Execution
the Commission issued by His Majesty for enquiring
into the Circumstances relative to the Destroying of
the Gaspee Schooner.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
and most humble Servant
W* Franklin
Letter from Gov. Franklin to the Earl of Dartmouth,
transmitting a memorial from Attorney General
Skinner, with observations on the fees of the Gov-
ernor and other officers.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington Jan ry 5 th 1773.
My Lord,
I have the Honour to transmit to your Lordship a
Memorial from M'' Skinner, 1 His Majesty's Attorney
General for this Province, representing the Insuffi-
ciency of his Salary, and requesting the Favour of
your Lordship to lay his Case before His Majesty, in
such manner that he may obtain a more adequate
Compensation for his Services. The Facts are, to my
Knowledge, truely Set forth in his Memorial; and as
M' Skinner has besides, as Speaker of the Assembly,
frequently exerted himself in promoting His Majesty's
Interest in the House, I cannot but think that a Com-
pliance with his Request will be consistent with good
Policy, as well as Strict Justice.
1 See page 383.
390 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
At the last Session I endeavoured (as your Lordship
will see by ray Speech) to prevail on the Assembly to
grant an additional Allowance to the Officers of Gov-
ernment; whose Salaries were too low even at the
Time when they were first established, but are now
greatly disproportionate to the encreased Expences of
Living, and also to the encreased Abilities of the Pro-
vince. In their Answer to my Application they Say,
" When we consider that almost every Officer here is
"dependant on the Will and Pleasure of the Crown,
' ' we cannot agree that the Salaries of the Officers of
" this Government are greatly inadequate to the Pur-
"poses for which they were given. Some we imag-
"ine equal to the Dignity of the Station, and others
"proportionate to the Interest we have in them." I
told them in my Eeply, that ' ' this Colony is by no
"means so much inferior to the adjacent Provinces,
"either in Extent or Op alence, as is the Support al-
" lowed to the publick Officers of Government, and
" they hold their Commissions by the same or the like
"Tenor in this Province as they do in the others."
And, I added, " it is a notorious Fact that none of the
"Salaries are proportioned to the Ability of the Pro-
" vince, and that most of them are so extremely low,
" that they would be thought a Disgrace to any other
" Colony on the Continent."
I likewise had it intimated to them, that unless they
made a more adequate Provision for this Purpose, His
Majesty would probably be induced to take the Pay-
ment of his principal Officers here into his own
Hands, and cause them to be paid out of his Revenue,
as had been done for some Time past in most of the
King's other Colonies, and lately in the Case of the
( !hief .Inst ice of this Province. On which I was given
to understand, that whet her the Crown paid the Offi-
cers or not was a Point they were very indifferenl
about; that tho' Some People in the Massachusetts
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 391
Bay, in order to keep their Party alive and to give
themselves Consequence, had .made a great Clamour
against the Payment of Salaries by the Crown to the
Officers of Government in America, 1 yet the Assembly
of New York had made no Opposition to it, nor had
that Colony experienced any of the pretended Incon-
veniences from such Regulation; that it was Time
enough to complain when any Injury was Sustained;
that, besides, they could not see with what Propriety
any Governor, or Officer of Justice, in America, can
call upon an Assembly to encrease his Salary, when
the People of the Colonies are obliged by Acts of Par-
liament to pay Duties expressly appropriated for
" making a more certain and adequate Provision for
"the Charge of Administration of Justice, and the
" Support of the Civil Government in Such of the Col-
" onies and Plantations where it shall be found nec-
"essary."
What may, perhaps, have contributed to make the
Assemblies and People of New Jersey and New York
the more easy about the Payment of the Officers of
the Colony by the Crown, is that in Queen Anne's
Reign, the Governor of both Colonies was paid in that
Manner, which continued for many Years, and the
Assemblies of that Time were so far from objecting to
the Measure, when the Governor informed them of
her Majesty's Orders in that respect, that the Assem-
bly of New York (to use their own Words) "with
" Hearts full of Gratitude acknowledge Her Majesty's
"great Bounty and Justice," and the Assembly of
New- Jersey expressed an equal satisfaction and Acqui-
escence with Her Majesty's Pleasure on the Occasion.
Enclosed is a Copy of the Queen's Instruction, and an
Extract from the Governor's Speech & the Assembly
of New York's Address upon this Subject When the
mode of paying the Governor of the two Colonies by
1 See works of John Adams, II., 299, 316. 328.
392 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
the Crown ceased I know not, nor what was the Cause
of a Matter of such Consequence being afterwards left
to the Pleasure of the Assemblies, Certain it is, that
they have often taken an undue Advantage of this
Power, and in a manner compelled Governors to give
their Assents to Laws destructive of His Majesty's
just Prerogatives; Instances of which if necessary, I
could readily point out.
In Colonies where the Governor has the granting of
the Lands belonging to the Crown, both he and the
Attorney General have Emoluments which may com-
pensate for any Deficiency of Salary, and render them
independent of the Caprice of an Assembly. But the
Lands in this Province are the property of private Pro-
prietors, and are granted by them of course without
any Concurrence of or Advantage to the King's Gov-
ernor or Attorney General. The Fees and Perquisites
of the latter have, as he sets forth in his Memorial,
been from Time to Time considerably lessened by Acts
of Assembly; and I 'can with Truth assure your Lord-
ship, that all the Fees and Emoluments of every kind,
received by a Governor of New Jersey do not amount
with the Salary included, to One thousand Pounds
Sterling $ Annum. A Sum which your Lordship
must be sensible cannot be deemed sufficient to Sup-
port properly the Dignity of his Station, much more
enable him to lay up anything against Old Age or Ac-
cidents. For a Governor here has not only a much
less Income than any other of the King's Governors in
America, but is put to much greater Expences than
most of them, owing to his being obliged to do the
publick Business at two different Seats of Government,
and to this Colony being the great Thoroughfare be-
tween the two Cities of New York and Philadelphia,
which Subjects him to the Entertainment of Numbers
of Officers and Gentlemen who call upon him in their
Way from one to the other.
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 393
I have now had the Honour to Serve His Majesty
above Ten Years in this Province, and am, I believe,
the oldest in Commission of any of his Governors in
America. But it has so happened, that whilst others
in my Station have made handsome Fortunes, been
promoted, or received considerable Honours and Re-
wards, my own private Fortune has been really lessen-
ing, and I have as yet only the Satisfaction of having
Served His Majesty faithfully & to the best of my
Ability. It would not become me to boast of my Ser-
vices; I shall only mention that my Conduct has been
such as has, on many Occasions, met with the Appro-
bation of His Majesty and his Ministers, and that had
it been otherwise I should not have had the Confidence
to beg, as T now do, that your Lordship would do me
the Honour to make known my Situation to His Maj-
esty ; from whose Goodness and Justice I have not the
least Doubt I shall then either receive an Encrease of
my Salary, or a Promotion to a better Government. 1
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordships most obedient
& most humble Servant
W* Franklin.
Governor Tryon to the Earl of Dartmouth.
[From New York Colonial Documents, Vol. VHL, p. 349.]
New York, 7 Feb y 1773.
My Lord,
I received last evening, from M r Elliot His Maj tys
Commission under the Seal of great Brittain, and pro-
ceedings had thereon, relative to the partition line be-
1 Benjamin Franklin wrote, April 6, 1773, to the Governor: "I saw Lord Dart-
mouth about two weeks since. He mentioned nothing to me of your application
for additional salary, nor did I to him, for I do not like it. I fear it will embroil you
with your people." — Works, VIII., 41.
304 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
tween the Govern 13 of New York and New Jersey, re-
questing, I would transmit the same to His Maj. 1 ? M r
Jay, clerk to the Commiss rs refusing to deliver up the
Commission and papers unless authorized by an ex-
press order of the Crown under the great Seal, or act
of the Legislature, I yesterday passed a Bill of that
tenor, a copy of which is herewith transmitted, with
the Commission and papers, also Gov r Franklyn's let-
ter to me inclosing an Act of the Assembly of New
Jersey, which was obtained in consequence of the con-
ference I had at Amboy last September with the Gov r
& other parties concerned in the premises — Should
these proceedings meet with his Maj tys approbation, we
may, I hope, soon receive the Royal confirmation to
the territorial Jurisdiction between the two Govern"
Your Lord 1 ' will observe the Great Seal is entirely
defaced and reduced to a small Lump of wax, which
is the case of almost all the great seals sent from Great
Brittain, occasioned by its being chiefly composed of
Rosin which is reduced to powder by the friction of
the voyage. Were the seals to be formed of a proper
mixture of Bees wax and Turpentine without any
Rosin, they would arrive uninjured; a circumstance
not without its weight as the validity of those instru-
ments have been doubted to which the Great seal has
been affixed and defaced, like the one to this Com-
mission.
1 am with all possible respect and Esteem,
My Lord, Your Lord 1, most obedient Servant
vV" Tryon.
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 395
Letter from Chief -Justice Smyth to the Earl of Dart-
mouth, relative to the destruction of the Schooner
Gaspee.
[From P. R. O. America & West Indies, Vol. 177 (195).]
New York Feb 3 : 8 th 1773.
My Lord,
I had the honour to receive your Lordships Letter
dated -4 th of September last, imparting his Majesty s
commands to me to repair to Ehode Island to assist in
carrying into execution his Majesty's Commission for
enquiring into the circumstances relative [to] the plun-
dering and burning the Schooner Gaspee. 1 Your Lord-
ships Letter was delivered to me on the 23 d of Decem-
ber last, and on the 31 st I arrived at Rhode Island, on
the 5^ of. January all the Commissioners being met,
and the Commission produced to us, the same was
opened and published.
A Review of the attrocious offence perpetrated in
Rhode Island, must excite indignation in the mind of
every lover of Justice, and real friend to the Authority
and dignity of Government; and I should have been
happy to acquaint your Lordship, that success in the
execution of the Commission had been equal to my
wishes, that the ends of public Justice might thereby
be effectually attained, but from what I have hitherto
observed, in the progress of our enquiry, and from
such intelligence as I have obtained, I cannot help ex-
pressing my fears that that intention of Governing will
be defeated, and the offenders screened from the hand
of Justice.
I must forbear giving your Lordships a particular
1 See page 375.
396 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
detail of our proceedings upon the Commission, as
that more properly ought to be reserved to the general
report from the Commissioners, to his Majesty; but I
cannot restrain myself from imparting to your Lord-
ship some remarks and observations, which I think
you ought to be possessed of tho' in this particular I
happen to differ from the other Gentlemen named with
me in the Commission, who in their Letter to your
Lordship have contented themselves with informing
you of an adjournment, and their reasons for so doing; 1
but I am willing to go a little farther, and hope 1 shall
be excused for taking up your Lordships time and at-
tention.
Your Lordships Letter to the Governor of Ehode
Island ought most certainly to have been kept secret
from the people of that Country — how great then was
my surprise to find most part of it in the public prints
before I arrived at Ehode Island, so far from keeping
it any secret, the utmost industry seems to have been
used to publish the contents of it; the Governor imme-
diately imparted it to his neighbors and friends, in a
few days he laid it before the general Assembly of the
Colony — in less than a week it was printed at Boston,
and on the Sunday following a Sedicious preacher
harangued his congregation on the Subject of it, by
this meaiis the allarm was effectually given, and the
utmost horror excited in the minds of the people
against the measures intended to be taken by Govern-
ment in the cause of public Justice. I need not make
any remarks on this instance of the imprudent con-
duct of the Governor of Ehode Island — I have expos-
tulated with him on this subject, but however repre-
hensible such conduct w". certainly be in a Commander
in chief of a Eoyal Government— constituted as the
Governm? of Ehode Island now is by their popular
For Chief -Justice Borsmanden's reporl Bee N Y. Col. Docs., vill.. 360, 890, 709.
1773] ADMINISTKATION OF GOVERNOR FRANKLIN. 397
Charter, the Governor thinks he sh d have been remiss
in his duty to the people if he had not taken this course
— this principle my Lord I must think is the real sourse
of all the mischief, disorder, and irregularity, which
from time to time have disgraced the Government of
Rhode Island, and no effectual controul being inter-
posed, mischief and irregularities have increased, defi-
ance to Laws, and an unbounded licenciousness has at
length grown to Treason itself — as almost the whole
power of the Crown is delegated to the people of
Rhode-Island — that power which in proper hands duly
exerted w a . produce the good effects of good govern-
ment, is now prostituted to the purposes of private
interest, — abject submission to popular factions —
blind obedience to the wishes, passions, and inclina
tions of the people however repugnant to the honor
of Government, the Duty of Subjects, or the Laws of
the Land.
That illicit Trading had been growing for many
years to an egregious excess in Rhode Island was ob-
vious to every one, and called for the interposition of
some other power than was to be found in this Colony
to put some stop to it; the vigilance and activity of so
good an Officer as Cap- Duddingston naturally excited
the indignation of the people— opprobious insults and
illeberal reflections were plentifully thrown out to
stimulate revenge against him, which at length was
effected; and tho' perpetrated at a place, and in such
manner, as without all doubt the actors must be known
to hundreds of the inhabitants of the Colony, is hith-
erto kept so secret that all our enquiry has been inef-
fectual to fix with certainty upon any particular per-
son concerned in the outrage — and to keep this matter
secret is now become a common cause — I am not with-
out hopes however that the noble reward offer'! by his
Majesty's proclamation may bring forth proof direct
and indisputable.
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 398
Tho' it may be improper as I observed before for me
singly to impart to your Lordship any particulars of
the Evidence which have been hitherto produced to
us, yet as your Lordship was pleased to transmit to
me the Examination of the Negro Aaron; and by the
language of M- Pownals Letter seemed to be consid-
ered as a discovery of consequence; I think it may be
proper to acquaint your Lordship, the credibility of
his testimony is exceedingly questionable in every ar-
ticle, and upon the whole I cannot help thinking that
our enquiry is rather disgraced than aided by his in-
formation — he appears to be an Indented Servant or
apprentise to a reputable Planter, from whom he ran
away and came on board a Man of War to inlist as a
Seamen — upon the Captains obtaining intelligence
that he was a runaway Servant, he determined to
have him punished and discharged from the Ship, and
whilst they were preparing to punish him, a Sailor de-
clared he remember'? him on board one of the Boats
with the people who burnt the Schooner, which being
told to the Captain he ordered the fellow to be released
from punishment, and to declare what he knew of
that transaction, who then, and not before gave the
narrative which Admiral Montague sent to your Lord-
ship, and which he has repeated before the Commis-
sioners, but intermixed with so many mistakes, con-
tradictions, and improbabilities, that it was hardly
worth attending to, and after all his Master and his
two fellow servants if called upon are ready to swear
positively that he was in Bed and asleep od the night
the Schooner was burnt.
There are only three or four of the Sailors who
formerly belonged to the G-aspee now in America and
their Evidence amount to little more than the attack
and destruction of the Schooner. Capt. Duddingstou
certainly w'? be the most material Evidence to estab-
1 See also N. Y. Col. Does., VIII., 390.
1773 J ADMINISTRATION OF GOVERNOR FRANKLIN. 399
lish some facts, and by his Letters to the Admiral he
seems to think he sh ( ? be able to fix upon some of the
Villains.
The behavior of the people during our stay at New-
port was perfectly quiet and orderly; several of the
Magistrates voluntarily offer? their service to aid us in
the execution of the Commission, but from the ac-
counts whc I picked up of their Conduct, and speeches,
I considered their offers no better than a disguise
to come at the knowledge of such persons as might be
accused, and then to aid their escape, so far from the
Magistrates of the Colony being desirious to bring to
light and punish the offenders, it is a fact that a Court
of Oyer and Terminer has been holden in the County
in which the Schooner was burnt, and no sort of no-
tice was taken of it, either by the Court or Judge. I
observed before as secrecy is now become a common
cause, the Magistrate, or Officer, who sh d show him-
self active in any prosecution against the offenders,
w ( ! surely find himself out of place at the next elec-
tion, and to have a share in the Government of this
Noble Colony, is a most desirable object, and eagerly
sought for. in short I must tell your Lordship in
plain terms, that I am really of opinion no Magistrate
or Officer of Rhode Island w ( ! ever lend a hand to com-
mit any person tho' ever so fully charged with the
crime we have in view, to the Custody of Admiral
Montague to be sent to England, there seems to be an
universal abhorrence of such a proceeding not only in
Rhode Island but in all the neighbouring Colonies in
truth I am persuaded that nothing but an armed force
w rt effect it.
I ought to appologize for the length of my Letter
and the hast in which it is writteu — I arrived at this
place from Rhode Island yesterday in my way to New-
Jersey, and finding that a Packet will sail to morrow,
I was willing to take this opportunity for writing to
400 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
your Lordship, rather than wait for another packet —
I hope I shall not be thought to have been improperly
officious in what I have written, I conceived it w^ be
some satisfaction to your Lordship to be informed of
some particulars of the progress of a Commission,
wch tho' extraordinary in its nature, seems properly
adapted to vindicate the authority of* the Crown, and
secure that obedience to Law and Government, by
which alone distant Colonies can be held in Sub-
jection.
I am my Lord with the utmost respect
Your Lordships most obedient
and most Hum 1 ? Serv 1 .
Frederick Smyth.
Letter from Gov. Franklin to the Earl of Dartmouth
relative to the petition from the Presbyterian
Clergy.
[From P. R. O., America and West Indies, Vol. 177 (195).]
Burlington, Feb? 27 th 177:;
The Right Hon ble the Earl of Dartmouth
My Lord,
I am honoured with your Lordship's Dispatches of
the s 1 !' and th of December, enclosing His Majesty's
most gracious Speech to both Houses of Parliament,
together with Copies of their Addresses. 1 The Una-
nimity with which the Addresses passed the respective
Houses must afford a Pleasure to all His Majesty's
faithful Subjects that can only bo heighten'd by a
1 At Che opening of Parliament, November --'n. 1778. The Speech, and conse-
quently I lie Addresses, contained no allusions to American affairs. They arc given
in full in Dodsley's Annual Register for 1778, pp. 883- 1.
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 401
Termination of the Session as happy as the Com-
mencement.
As Several Applications have been made to me, in
order to know His Majesty's Determination with re-
spect to the Petition from the Presbyterian Ministers
for a Charter, (which I transmitted to Lord Hillsbor-
ough in my Dispatch N? 40, and which his Lordship
promised should be laid before His Majesty) I should
be glad to be enabled to give the Petitioners an
Answer.
I have the Honour to be, with the greatest *Respect,
& Regard, My Lord, Your Lordship's
most obedient & most humble Servant
W 1 ? Franklin.
Letter from the Earl of Dartmouth to Gov. Franklin,
relative to the salaries of the officers of the Crown.
[From P. R. O., America and West Indies, No. 195. J
Whitehall March 3 l J 1773.
Governor Franklin.
Sir,
I have received your letters of the 4 th & 5 1 ! 1 of Jan?
N s 3 & 4. and have laid them before the King.
I concur with you in opinion as to the Justice and
Policy of allowing M 1 ' Skinner a Salary more adequate
to his Merit and Services; but I must not confine that
Opinion to his Case alone; The same Attention is due
to the case of every other Officer of the Crown in the
Colony, and I should do Injustice to my own Senti-
ments of your Conduct, if I did not make your situa-
tion the first object of my Attention in any Consider-
ation of the Merit of those Officers.
You must be sensible, however, Sir, that this is a
matter which depends upon the Judgment and Opin-
26
402 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
ion of Other Departments of the King's Government;
but I will not fail to give every Weight in my power
to your proper representation of the Hardship sus-
tained by the Servants of the Crown in the Colony, &
to recommend a more adequate Establishment for
them.
I am &c a
Dartmouth.
Order in Council directing the Lords of Trade to re-
port respecting alterations in the instructions to
Governors, touching the grant of lands.
[From P. R. O., B. T., Plantations General, No. 27, U 49.]
*,~*-\ At the Court at S t James's the 7 t "
[^J Day of April 1773.
Present
The King's most Excellent Majesty.
Lord President Earl op Eochpord
Earl of Suffolk Earl of Dartmouth
Earl of Sandwich Lord Mansfield
Whereas it has been Represented to His Majesty,
that the State and Condition of His Majesty's Colonies
and Plantations in America, do both in Justice and
Expediency, require that the Authority for Granting
Lands contained in the Commissions and Instructions
given to His Majesty's Governors in the Plantations,
should be further regulated and restrained, and that
the Grantees of such Lands should be subjected to
other Conditions than those at present prescribed in
the said Instructions;— His Majesty having taken the
same into Bis Royal Consideration, is pleased with the
Advice of His Privy Council, to Order, and it is hereby
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 403
Ordered, that the Lords Commissioners for Trade and
Plantations, do take into their immediate Considera-
tion, the Powers and Authorities for granting Lands
contained in the Commissions and Instructions to His
Majesty's Governors in the Plantations, and that the
said Lords Commissioners, do Represent to His Maj
esty at this Board, such Alterations as they shall think
fit and necessary, to be made therein — And His Maj-
esty is hereby further pleased to Order, that in the
mean time, and until His Majesty's farther pleasure
be signified, all and every His Majesty's Governors,
Lieutenant Governors, or other Persons in Command
in His Majesty's Colonies in North America, who are
Entrusted with the Disposal of His Majesty's Lands in
the said Colonies, do forbear upon Pain of His Maj-
esty's highest Displeasure, and of being immediately
removed from their Offices, to issue any Warrant of
Survey, or to pass any Patents for Lands in the said
Colonies or to grant any Licence for the purchase, by
private persons of any Lands from the Indians, with-
out especial Direction from His Majesty for that pur-
pose, under His Majesty's Signet or Sign Manual, or
by Order of His Majesty in His Privy Council, except-
ing only in the Case of such Commission, and Non-
commissioned Officers and Soldiers, who are Intitled
to Grants of Land in Virtue of His Majesty's Royal
Proclamation of the 7 th October 1763, to whom such
Grants are to be made and passed, in the proportion,
and under the Conditions prescribed in His Majesty's
said Proclamation,
Steph: Cottrell
404 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
Letter from the Earl of Dartmouth to Gov. FranMin,
relative io the application, made by the Presbyter-
ian ministers.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall 10 th April 1773.
Gov 1 '. Franklin,
Sir,
I have rec? and laid before the King your Letter of
the t>7 th of Febry N? 5, and will not fail, in conse-
quence thereof, to give the fullest Consideration to the
Application made by the Presbyterian Ministers,
stated in your Letter to Lord Hillsborough N° 4< ».
At present I can only say in the general View of it,
& of the benevolent purpose for which it is designed,
that it does not appear to me to be unreasonable; and
therefore it will be a Satisfaction to me to find, upon
a further Consideration, it is in all respects of such a
nature that I can recommend it to the King for his
Majesty's Approbation.
I am &c?
Dartmouth.
Letter from the Earl of Dartmouth to Chief -Justice
Smyth.
[From P. R. O. America & Wesl Indies, Entrj No. WO.]
Whitehall 1<»'" April 177:;
Mr Chief Justice Smyth.
Sir,
I am very much obliged to you for the favor of your
Letter of the S 1 ." of Febry last, and for the very sensi-
ble Remarks it contains, which may. at some future
time, be of great Use to Sir &c ;i
Dartmouth
1773] ADMINISTRATION OP GOVERNOR FRANKLIN. 405
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the more adequate establishment of the
Servants of the Crown in New Jersey.
[From P. R. O. America and West Indies, Vol. 195.]
Burlington May 31 s ' 1773.
The Eight Hon ble the Earl of Dartmouth, &c. &c.
My Lord
I am honoured with your Lordship's Letter of the
3 d of March N. 4.
Your Lordship's favourable Sentiments of my Con-
duct, and your kind Promise to give Weight to my
Application for a more adequate Establishment for
the Servants of the Crown in this Colony, do me so
much Honour, that I shall ever reflect on them with
Pleasure, and hold myself greatly obliged to your
Lordship, whatever may be the Event of your En-
deavours on the Occasion.
The Reason why I did not particularly mention the
Case of the other Officers of the Crown, as well as
that of the Governor and Attorney General, was be-
cause there was none of them in Such immediate Ne-
cessity of an Augmentation of their Salaries.
The Chief Justice had but just before had a hand-
some Allowance Settled on him by His Majesty; and
the Assembly had, at their last Session, encreased the
Salaries of the two Puisne Judges (or Assistant Jus-
tices of the Supream Court as they are called) to
double the Sum which had been formerly allowed to
those Officers: with which they (who are Men of For-
tune in the Country) seemed well satisfied, at least
they have never given me the least Intimation to the
contrary. I think, however, that the Allowance is
40G ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
still far from being adequate to the Dignity and Im-
portance of the Station, and that were it augmented
it would be attended with good Consequences to the
Piiblick, particularly by inducing Gentlemen of Char-
acter, and Knowledge in the Laws, to accept of the
Office.
The present Secretary has the valuable Offices of
Register of the Prerogative Office and Clerk of the
Supream Court, included in his Patent, which was
never the Case before his Time, though those two
Offices were generally by the Indulgence of the Gov-
ernors for the Time being executed by that Officer,
owing, I suppose, to their not being of much Value
separately in the Infancy of the Colony, and to the pub-
lick Allowance for a Secretary & Clerk of the Council
having always been, as it still is, greatly disproportion-
ate to the Services. Should it therefore be thought
more advisable hereafter to separate those Offices, and
to appoint distinct Officers for the Execution of them
(as I think would be best on many Accounts, particu-
larly as it would give Government an Opportunity of
obliging more People of Consequence in the Colony)
it would then be necessary to encrease the Allowance
to the Secretary and Clerk of the Council. At present
he is in a more eligible Situation than any other officer
of the Colony.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W? Franklin
1773] ADMINISTRATION OF GOVERNOE FRANKLIN. 407
Letter from the Earl of Dartmouth, relative to the
petition of the Presbyterian Ministers.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall -2 a June 1773.
Governor Franklin
Sir,
Since my Letter to you of the 10*? of April last the
Petition of the Presbyterian Ministers for a Charter
has been fully considered; and I have the Satisfaction
to acquaint you that His Majesty is graciously pleased
to permit you to affix the Colony Seal to a Charter for
the purposes expressed in the said Petition, provided
it be made conformable to the last Report of the At-
torney General and to the Sentiments of the Council
contained in their Minutes transmitted in your Dis-
patch to the Earl of Hillsborough N? 40.—
I am &c*
Dartmouth
Letter from Governor Franklin to the Earl of Dart-
mouth, relative to the Boundary Line between
Neiv York and New Jersey.
[From P. R. O. America and West Indies, Vol. 195.]
Burlington July 5 111 J 773.
Bight Hon ble the Earl of Dartmouth
My Lord,
Having been just informed, that the Act passed in
this Province at the last Session, for establishing the
Boundary or Partition Line between the Colonies of
408 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1773
New York & New Jersey, was, by some Mistake or
other, transmitted without being exemplified under
the Province Seal, and that it would have been imme-
diately confirmed had it not been for that Omission,
I have, though I scarce know how to credit the Infor-
mation, ordered another Copy to be made out, which
I send herewith. I transmitted the former copy with
my Letter of Nov^ 28, 1772 (N2.) together with the
other Laws passed at the same Session.
I have the Honour to be, with the greatest Respect
& Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W?' Franklin
Letter from the Earl of Dartmouth to Gov. Franklin,
relative to the support of the King's Government
in Neiv Jersey.
[From P. R. O. America and West Indies, Vol. 195. |
Whitehall -i 11 ' August 177:'
Gov r Franklin
Sir,
I have received your Letter of the 81 st of May N? 6.
and have laid it before the King.
The deficiency of the Fund appropriated by Parlia-
ment for supporting the Civil Establishments in
America, has for the present thrown difficulties in the
way of my wish to see a more adequate and proper
provision made for the support of the King's Govern-
ment in New Jersey, but I beg you will be assured
that 1 will not discontinue my Solicitation on thai
Head, and shall be glad of any opportunity of testify-
ing the Regard with which cScci 1
Dartmouth.
i773] ADMINISTRATION OF GOVERNOR FRANKLIN. 409
Letter from Gov. Franklin to the Earl of Dartmouth,
expressing the satisfaction of the Presbyterian
Clergy, etc.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington Oct 1 .' 18*? 1773
The Right Hon bl the Earl of Dartmouth, &c
My Lord,
Having been much indisposed at the Time of the
Sailing of the last Packet, it was not in my Power
sooner to acknowledge the Receipt of your Lordship's
Dispatches N? 5, & 6, and the Circular Letter dated
the 5^ of July.
The Presbyterian Ministers are much pleased with
the Permission His Majesty has given me to pass the
Charter they had requested; which will be done at the
next Meeting of the Council.
I am collecting Materials to enable me to give a full
and particular Answer to the several Heads of Enquiry
contained in your Lordship's Circular Letter, and
shall lose no time in obeying His Majesty's Orders in
that respect.
I should be glad to be informed Whether His Ma-
jesty has approved, or is likely to confirm the Three
Acts particularly mentioned in my Letter of the 28 t - h of
November 1772.
I am, with the greatest Regard and Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
W M Franklin
410 ADMINISTRATION OF COVERXOR FRANKLIN. [1773
Representation from the Lords of Trade to the King,
with draft of instructions to the Governors in
America relative to the naturalization of aliens,
divorces, and titles to lands.
TFrom P. R. O. B. T. Plantations General, Vol. 42, p. 463.1
Whitehall Octo' i ; s, 177;;
To the Kings most ExcelP. Majesty.
May it please Your Majesty,
In obedience to Your Majesty's Orders in Council,
dated the 1 st of last Month, we have prepared and
herewith humbly beg leave to lay before Your Majesty
draughts of additional Instructions to the Governors
or Commanders in Chief of all Your Majesty's Colo
nies and Plantations in America, conformable to the
Directions contained in Your Majesty's said Orders.
Which is most humbly submitted.
Dartmouth. Robert Spencer.
Bamber Gascoyne. W. Joliffe.
Additional Instruction to Our Trusty and Well-
beloved Francis Legge Esq r Our Captain
General and Governor in Chief in, and over
Our Province of Nova Scotia and the Is-
lands and Territories thereunto belonging
in America; or to the Commander in Chief
of the said Province for the time being.
Given at Our Court at St. James's the -
day of in the year of Our Reign.
Whereas We have thought fit by Our Orders in I >ur
Privy Council to disallow certain Laws passed in some
1773] ADMINISTRATION" OF GOVERNOR FRANKLIN. 4ll
of Our Colonies and Plantations in America, for con-
ferring the Privileges of Naturalization on Persons,
being aliens, & for Divorcing Persons, who have been
legally joined together in holy Marriage; and whereas
Acts have been passed in other parts of Our said Colo-
nies to enable Persons, who are Our Liege Subjects by
Birth or Naturalization, to hold and inherit Lands,
Tenements, and real Estates, although such Lands,
Tenements and real Estates had been originally
granted to, or purchased by Aliens, antecedent to Nat-
uralization ; It is Our Will and Pleasure, that you do
not upon any Pretence whatsoever, give your Assent
to any Bill or Bills, that may have been, or shall here-
after be passed by the Council and Assembly of the
Province under your Government, for the Naturaliza-
tion of Aliens; nor for the divorce of Persons joined
together in holy Marriage, nor for establishing a Title,
in any Persons, to Lands, Tenements, and real Estates
in Our said Province originally granted to, or pur-
chased by Aliens, antecedent to Naturalization.
Instructions to the Governors in North America
against passing Acts of Nat unitization and Di
vorce.
[From New York Colonial Documents, Vol. VIII, p. 402.]
George E
[l. s.] Additional Instructions Dated 24 Nov
1773
Whereas We have thought fit by our Orders in
our Privy Council to disallow certain Laws passed in
some of our Colonies & Plantations in America for
conferring the Priviledges of Naturalization on persons
being aliens, and for divorcing persons who have been
412 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
legally joined together in Holy Marriage: And where-
as Acts have been passed in other of our said Colonies
to enable Persons who are our Liege Subjects by Birth
or Naturalization to hold and inherit Lands Tene-
ments and real Estates [which] had been originally
granted to or purchased by Aliens antecedent to Nat-
uralization; It is our expressed will and Pleasure
that you do not upon any pretence whatsoever give
your assent to any Bill or Bills that may have been or
shall hereafter be passed by the Council and Assembly
of the Province under your Government for the nat-
uralization of Aliens, nor for the divorce of persons
joined together in Holy marriage, nor for establishing
a Title in any Person to Lands, Tenements & real es-
tates in our said Province originally granted to, or
purchased by Aliens antecedent to Naturalization.
G. R.
Extract from a letter from Cortland Skinner to Philip
Kearny, relative to the proceedings of the Assem-
bly in regard to the Treasurer.
[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. 2, No. 30. J
IT. Sir
* * * * How our politics will turn, I can't say.
Our politicians look sharp for a favorable Something,
which is not yet found out to attack the Gov! I in-
close you his speech, the words, " Confessions of some
of them, corroborated by several st riling circum-
stances," have been pitched upon and largely spoken
to, & tho' the Gov 1 laid all his papers before us on
which he founded his sentiments, yet we have wisely
sent him a message requesting - he will point out the
striking circumstances &c. The Gov 1 " has not returned
any answer to this message delivered Last night. I
look upon this as an Essay, and when the GrOV 1 tells
1773] ADMINISTRATION" OF GOVERNOR FRANKLIN. 413
us on what he founds his opinion, if possible, it will
be made the Subject of Debate. I find that three lead-
ing members are determined not to pay any regard to
Confessions however supported by the most striking
circumstances, nay, I believe that some would rather
that the robbery was never discovered than the favor-
ite scheme disappointed, the removal of the Treasurer
and the favorite Controversy it w d open; the nomina-
tion of the Treasurer by the House and removal only
by them is the darling object to which every other
Consideration would be sacrificed. The week will
open the Budget when we go upon the Gov rs speech.
Rewards of 300£ each for Ford & Richardson and
fifty pounds for King have been voted by the House,
but they w d not join the Gov r and Pennsyl va in send-
ing men to apprehend them 1 * * *.
I am &c Your Affect 6 & Dutiful
Cort? Skinner.
1 Affidavits having been made before David Ogden, one of the Judges of the Su-
preme Court of New Jersey, that Ford and Richardson had been counterfeiting
Pennsylvania bills of credit, Judge Ogden sent the affidavits with sundry letters to
the Supreme Court Judges of Pennsylvania, who laid them before the General As-
sembly of that body, which thereupon (September 33, 1773) requested the Governor
to offer a reward of £300 each for the arrest of Joseph Richardson and Samuel
Ford and their delivery to the Sheriff of Philadelphia at the county jail.— Penn.
Archives, IV., 4G6. The Governor issued a proclamation accordingly.— Penn. Col.
Records, X., 99. It does not appear that either of the men was arrested at this
time. One, Samuel Ford, was appointed July 9, 1777, by the State Navy Board of
Pennsylvania to be Second Lieutenant of the Effingham armed boat.— Second Penn.
Archives, I., 183. During the attack on Fort Mifflin (November 1, 1777?) Ford de-
serted, for which he was executed in September, 1778.— lb., 236; Penn. Col. Rec-
ords, XL, 565-6. Probably this was not the New Jersey counterfeiter, however, for
the Rev. Dr. J. F. Tuttle says the latter settled in Virginia, taking the name of
Baldwin, and lived there many years after the war.— Annals of Morris County, 98.
His accomplice, Richardson, was arrested in Pennsylvania in February, 1777, and
committed to the Lancaster jail for counterfeiting, and, doubtless, on suspicion of
being disaffected to the American cause.— Penn. Archives, V., 239, 248-9, 254, 372;
Penn. Col. Records, XL, 216. In March 1780, he was committed to the Philadelphia
jail for the same offences, but was discharged on May 6 on condition that he would
leave Pennsylvania and go to " some other part of America not in possession of the
enemy."— Penn. Col. Records, XII., 270, 239. Perhaps he rejoined Ford in Virginia
John King, Deputy-Sheriff of Munis county, was suspected of complicity with
Ford and Richardson in their couterfeiting operations in that county, and possibly
in their alleged robbery of the Treasury in 1768. He accused Sheriff Thomas
Kinney of conniving at the escape of Ford.— Minutes of Council, Feb. 14, 1774, post;
Annals of Morris County, 96; Proc. N. J. Hist. Soc, September, 1850, 56.— [W. N.]
414 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773
Letter from Cortland Skinner to Philip Kearny —
proceedings of the Assembly in reference to the
Treasurer.
[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. II., No. 31.3
5 Dec r 1773
Dear Sir
I rec d yours by the Stage and Delayed an immediate
Answer (as I had an opportunity) in Expectation that
I should be able to give you a full account of our
politics.
The Governor some time ago, agreeably to the re-
quest of the house, sent a detail of the confessions,
and the circumstances attending them, that induced
him to think the treasury was robbed by Ford. The
language of this message was certainly unexception-
able, and needed no answer; it was only the governor's
opinion on facts, of which they could judge, and dif-
ference in opinion was naturally to be expected; how-
ever, a committee was appointed to inspect the papers,
&c, referred to by the Governor, of which Mr. Kin-
sey, of course was one. Every [day J since, he lias
been buried hi his office writing for his life, for what
end I know not, unless he means to show the treasury
was not robbed, which I think he will not be hardy
enough to do. He gives out that if lightning had
blasted the treasury, Skinner is liable, and I fear he
has rancor enough, if that had been the case, and he
had it in his power, to compel him to pay it. All pub-
lic business is at a stand, the Governor's speech not
yet read in the house, but kept back with support, &c.
&c, until the Governor, I suppose, shall be induced to
submit to their demands. * * * " ;: " *
Affec'> &c.
Cort d Skinner
1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 415
Letter from Cortland Skinner to Philip Kearny, de-
tailing the proceedings of the Legislature, in rela-
tion to the Treasurer.
[From the Skinner Papers among Manuscripts of W. A. Whitehead, Vol. II, No. 32.]
Burling n , 19 th Dec 1 ", 1773.
D. Sir
For these three days past, we have had under con-
sideration the tremendous report of the committee,
which has been preparing since the 30th of last month.
It consists of 75 pages in Mr. K's hand writing. It is
now before the Governor and Council. The commit-
tee thought it an artful measure to make it only a re-
port to the house, and not a message to the Governor;
not considering that their daily minutes were laid be-
fore him. He has now got it, and it is a vindication
of Saml. Ford against the aspersions cast on him by
the Governor; — an argument in answer to the Gover-
nor, that the treasury was robbed; — reflections upon
the conduct of the Gov. and Council, touching the ex-
aminations of the convicts:— a censure upon the offi-
cers of government at Morris Court: — and yet a salvo
for their mistaken zeal: — a declaration that Ford did
not rob the treasury: — insinuates that it was not
robbed: and yet that it was robbed; with at least a
dozen barefaced lies, that the journals of the House,
will show with many more contradictions and absurd-
ities than I have time at present to enumerate. To
contend was in vain: an absurdity pointed out was
reconciled by the question, and the report carried by a
great majority. I have never had more occasion for
temper, and I think I have had a share of Job's on this
trying occasion. * * * * During these debates,
the treasurer presented two memorials praying and
entreating to be tried; all are disregarded as yet, and
416 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
by this report the Gov. is to turn him out for his mis-
fortune, while the assembly descend to plead the cause
of Sam Ford, who they confess to be an arch villian.
To-morrow the House will determine on these me-
morials. How, you will easily guess, from the account
I have given of their report. In short, right or wrong,
the opinion of the House is to be followed, and dance
as we will the people are to pay the fidler. * * *
The report was certainly framed to .prevent any favor-
able impression on the people, with regard to the treas-
urer, from the Governor's message. Its length and
falsehood will take time to confute. * * *
I am, dear Sir Your affect u
Cort^ Skinner.
Latter from the Earl of Dartmouth to Governor Frank-
lin, informing him that the Boundary Line between
New York and Neiv Jersey had been approved by
the King, and that the Lottery Act was under
consideration.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall s'." January 1774.
Governor Franklin.
Sir,
I have received and laid before The King your Let-
ter of the IS 1 . 11 October.
You have already been acquainted that one of the
Three Acts transmitted in your Dispatch of the 28 t : 11 of
November 1772, which you are anxious to know the
fate of , has received His Majesty's Royal Allowance
& Approbation, and L have now the satisfaction to in-
form you that the Act for establishing a Boundary be-
tween New York and New Jersey has likewise been
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 417
approved of by His Majesty in Council; But as I un-
derstand it is considered at the Council Office as a bus-
iness upon which Fees are to be paid the Order of
Confirmation will not be issued until the -Agent for
the Affairs of the Province makes application for that
purpose.
With respect to the Lottery Act, I am informed it
remains for Consideration at the Board of Trade, & I
will not fail to apprize their Lordships of what you
say in favor of it.
I am &c?
Dartmouth.
Draft of instructions to the Representatives in Assem-
bly from Burlington County, relative to the dis
charge of the Eastern Treasurer from his liabil-
ities.
fFrom New Jersey Historical Society Manuscripts, W. J., No. 17.]
To T. B & R. B. 1 Representatives in Assembly
for the Comity of Bfurlington]
Gentlemen
Wee y e Board of Justices and Freeholders of the s d
County think it Incumbant on us to signify to you the
aprobation of the Good people of this county and the
Greatfull sence they Entertain of the Justice & Integ-
rity of a Majority of the House of Assembly at the
last Sessions at Amboy, In Relation to the Eastern
Treasurer, and to Return you our Most Sincere thanks
for the part you acted on that ocasion.
It is so uncommon for Men to possess a sufficient
Share of Integrity and Firmness to suport them In a
1 So in the MS. The representative for Burlington county in the twenty-second
and last Provincial] Assembly, elected in 1771, was Henry Paxson and Anthony Sykes.
27
41S ADMINISTRATION OF GOVERNOR FRANKLIN. [llH
Faithfull Discharge of Duty, in oposition to the Vices
and Interest of their superiors in stations of Govern-
ment, that when any do thus Distinguish themselves,
they are Justly Intitled to the warmest Returns of
Love and Esteme, and to be regarded Friends and
Fathers of the People.
We allso think it Expediant at this Time to Give
you our Instructions with regard to your Future Con-
duct, on that and some other ocasions, Which, so Far
as you adhere to, shall wee Consider you Regardfull
of our property and Interest.
1 st That you do not by any Law, Resolution, or vote
whatsoever, Discharge the Eastern Treasurer from the
money s' 1 to be stolen out of the Treasury untill such
Robery is Positively and Clearly Proved.
2 d . That you Continue to Insist on the Treasurer
being Displaced, and untill that is Done you Raise no
money on any ocasion to be put Into his hands, Let
the Consequences be what they may.
3 ( ! That you Give no Money to Carry on a Tryal,
Except to a Comity of your own appointment, as wee
think those who are the Most Interested in the Event,
the Properest to conduct it.
4 th That you no ways Countinance any Tryal wilst
the s d Treasurer is in posision of the publick money to
Defend himself with, unless the Nessesity of the Case
Require it, and that if he is not Displaced you Discon-
tinue his Salary.
5"' That you Streaniously oppose passing any Ex-
cise Laws in this Province.
C 1 " That you opose passing a Money Bill on any
other Footing, than as our Money hath Heretofore Is-
sued, nor even then unless you are Convinced thai
Circulating Cash is wanting, and that a Greater stock
would he of Publick utility.
By order of the Board
J. S. Chk.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 41!)
Minutes of Council referring to the representations
against Thomas Kinney, High Sheriff of Morris
County, for allowing Samuel Ford to escape from
jail.
[From Skinner Papers among- Manuscripts of W. A. Whitehead. Vol. 2, No. 35.]
At a Council held at Burlington on the 14 th Day
of February 1774
Present
His Excellency the Governor.
Mr. Stevens Mr. Stockton
Mr. S. Smith Mr. Coxe
Mr. Parker Mr. Lawrence
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 Representa-
tion in writing containing sundry Charges against
Thomas Kinney Esq, High Sheriff of the said County
relative to the Escape of Samuel Ford who was com-
mitted to the Goal of the said County in July last on
Suspicion of having Counterfeited the Bills of Credit
of this Province — That His Excellency had caused a
Copy of the said Representation to be delivered to the
said Tho s Kinney Esqr 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 to-
gether with sundry Affidavits in support of the s d
Answer, which Papers His Excellency was pleased to
lay before the Board and to ask the Advice of the
Council thereon.
The Council having taken the same into Consider-
ation were of opinion that the Charges contained in
420 ADMINISTRATION OF GOVERNOR FRANKLIN. [lit Hi
the said Representation are not supported. But it ap-
pearing 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 examined
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
Misbehaviour respecting the said Escape whereupon
the Council advised His Excellency to order the At-
torney to prosecute the said Indictment at the next
Court.
Cha s Pettit
Message of Gov. Franklin to the Assembly, transmit-
ting the resignation of the Treasurer, Stephen
Skinner.
[From New Jersey Historical Manuscripts. E. J., No. 20. i
February 24, 1 77 4
Gentlemen,
Having Communicated your Message of yesterday
to M- Skinner that he might see the objections you
have to his being Intrusted with the Money proposed
to be granted to his Majesty at this Sessions, he lias
therefore presented me with a Memorial requesting
Leave to Resign his office, In hopes that his Resigna-
tion maybe the Means of entirely removing those Dif-
ficulties which have of late embarrassed and impeded
the publick Business. I have given my consent to it,
and have with the unanimous advice of the Council
appointed John Smyth,' Esq. Treasurer for the Eastern
1 John Smyth was of the well-known Perth Amboy family of that name, prob-
ably a son of Lawrence Smyth, and brother of Andrew Smyth. He was admitted
iodic Baral the August Term, 1715. Proom'a Sup, Ct, Rules, 68. In 1754 the Leg
i i nine named him as one of the signers of Hills of credit. A". ./. Archives, VIII.,
3d, 300. He was a Vestryman of St. Peter's Church, Perth Amboy, 1749-03, ami a
Warden 1703-74. In 1758 lie was appointed by the Legislature as one of the Com-
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 421
Division, and I hope his appointment will prove agree-
able to your House. It would not be doing justice to
Mr. Skinner if I did not subjoin a copy of his Memor-
ial that you may see from what truly public spirited
motives he has been induced to comply with your In-
clination on this Occasion
W? Franklin
Memorial of Stephen Skinner
To his Excellency William Franklin Esq, Cap-
tain General & Governor in Chief &c.
May it please Your Excellency,
The Misfortune which befell me in the year 1768 of
being robbed of a large sum of the public money Com-
mitted to my custody as Treasurer of the Eastern Di-
missioners to erect and furnish barracks for the soldiers quartered in the province.
In 1760 he was named as one of the Commissioners to erect an office in Perth Am-
boy for the East Jersey records, and in 1766 was one of the Commissioners to erect
a court house and jail at Perth Amboy.— Whitehead's Perth Amboy, 239-51-7-9. In
1762 he was appointed one of the Surrogates for East Jersey, and in that year also
Governor Hardy recommended him for a seat in the Council, as a gentleman of
ability.— N. J. Archives, IX., 360, 366. The controversy between Governor Franklin
and the Assembly with reference to the robbery of the treasury of East Jersey,
while Stephen Skinner was Treasurer, having forced Mr. Skinner's resignation on
February 23, 1774, the next day the Assembly, which had long been seeking the
right to name that officer, took the liberty of nominating John Smyth for the suc-
cession, the vote being unanimous, and sent up a message to that effect to the Gov-
ernor before he had time to convene his Council. As the Council thought this
might tend to heal the existing differences between the Governor and the Assem-
bly they recommended the appointment of Smyth, and the Governor commissioned
him accordingly.— N. J. Hist. Proc, September, 1850, 59-62. The House passed an
act at the same session, March 11, 1774, requiring the Treasurer of each division of
the Province to give £10,000 security, and also another act on the same day direct-
ing Treasurer Smyth to bring suit against his predecessor for £6,570 9s. 4d., being
the amount alleged by Skinner to have been stolen from the treasury while it was
in his custody, in order to " bring the Merits of this Controversy " " to a fair and
legal Decision."— Allison's Laws, 447-9. Smyth's loyalty was evidently suspected
at the breaking out of open hostilities with England, and this suspicion was intensi-
fied when he declined to accept from Col. Samuel Ford, Collector of Morris county,
Continental or Connecticut money, in payment of the county's taxes ; this he ex-
plained, however, when called upon by the House in February, 1776. by stating that
he was doubtful if the Provincial Congress would allow such moneys in the settle-
ment of his accounts; if they would, he would be perfectly willing to take such
money, and would be pleased to continue in office, under the Provincial Congress.
Being at the time disabled by disease from moving about with ease, he proposed
422 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
vision of this province has been greatly increased by
the obscurity in which the perpetrators of that atro-
cious Villainy have been concealed, and although my
most zealous endeavours have not been wanting to
have them discovered, and such circumstances have
at length been brought to light as serve to point them
out with a great degree of probability, yet by an un-
fortunate concurrence of other circumstances the pub-
lic 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 plau-
sible suggestion, and a man in publick station is sel-
dom without some enemies who are ready to rejoyce
in his misfortune, and put the worst construction it
that the treasury chest should be placed in charge of John Stevens, one of his sure-
ties, and as Mr. Stevens' loyalty was as undoubted as his financial responsibility
this was agreed to by the Provincial Congress, and Robert Drummond removed the
chest to New Brunswick. However, the Congress was still dissatisfied, and on
February 28, 1776, appointed John Dennis, of Middlesex, Treasurer, to succeed Mr.
Smyth, for the Eastern Division.— Minutes Council of Safety, etc., for 17V. r :-(;. :>10.
389-90, 396-8, 444; N. J. Revolutionary Correspondence, 1-2-3, On July 6, 1776, Major
Duyckink. of the Middlesex militia, arrested Smyth, with several other suspected
persons, but Mr. Smyth was released on his parole.— Whitehead's Perth Amboy,
330. On July 10 the Provincial Congress ordered Gen. Livingston to arrest him
again, and remove him with any moneys and effects of the state still in his posses-
sion to Trenton, there to remain under guard. This appears to have been done,
but Mr. Smyth was found to be deficient in his accounts to the amount of £9:30, 6s.,
Gd.— Minutes Council of Safety, etc., 499, 536. Nothing appears to have been done
about this, and Mr. Smyth was still highly regarded on account of his integrity.
Early in 1777 he removed to New York, where he was still living in 1785. His name
does not appear in the New York Directory for 1786, however. In New York he
was Treasurer of tin- " City Funds " and was also Secretary to Sir Henry Clinton —
Jones's Neir York. 11 , nil, 158. As early as 1754 he was prominently identified with
the Board of East Jersey Proprietors.— N. J. Archives, VI 11.. 1st, 200. He sue -
ceeded Lawrence Smyth as Register of the Board, and when he removed to New
York he took with lim the records, which were not returned until 1T85. Neverthe-
less, John Rutherford, who went to New York to get the books and papers, was
satisfied that "Mr. Smyth seemed to be actuated entirely by a rectitude of inten-
tion."— N. Y. (leu. mid Biog. Record, October, lo84, 148; Minutes of East Jersey
Proprietors, quoted in Early i><nis ami Karl// Surveys of h'.ast New Jt rsey, by Wil-
liam Roome, DIorristown, 1883, 19-52. Mr. Smyth married Margaret, daughter of
Andrev. .Johnston, a Perth AJnboy merchant. Whitehead, ul supra, 73. It was
perhaps after removing to New York that he married 2d, Susannah, daughter of
John Moore, of that city.— N. Y. Gen. and Hiaa. Un-m-d. October, 1884, 148, note.
-LW. N.J
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 423
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 opportunity of being duly informed of the
truth, even so far as it has been discovered; this to a
heart couscious of its own integrity, and looking for-
ward to the hopes of a rising family, and the honour
of worthy Connections, must afford the Keenest An-
guish, 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 al-
ternative, than suffer so odious a stigma to descend
with my character to posterity:
This, Sir, has been the chief motive that has induced
me to solicit that my Conduct may be enquired into
by a fair and impartial tryal, and the approbation 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 until such tryal 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 hath adopted a different opin-
ion and seem disposed to support it with much perse-
verance; this difference of opinion has already given
great interruption to that Harmony among the several
Branches of the Legislature which has hitherto been
one of the happy effects of your Excellency's Admin-
istration. Dissentions and uneasiness have taken
place among the people, and the necessary measures
of Government are threatened with obstructions
which may be highly pernicious to the public peace &
welfare of the province. I sincerely thank you, sir,
424 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
for the assurance you have been pleased to give me
that you will not remove me from my office before a
Tryal, but as I agree with your Excellency in the po-
sition mentioned in your message to the Assembly
that the interest of an individual ought not to be put
in Competition with the public good, and as I am in-
duced 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 Ex-
cellency 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 Honorable House and the Public such consider-
ation as is due to the heavy misfortune in which I am
through accident involved; but whatever may be the
event to myself, I will not be the cause of continuing
n public contention which may, with 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 Jer-
sey, and ardently hope it will have the salutary effect
I have mentioned.
I am with great respect Your Excellency's
Most obednt humble Srvt
Stephen Skinner
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 425
Letter from Governor Franklin to the Earl of Dart-
mouth, relative to the dispute concerning Treas-
urer Skinner, and the removal of Charles Read to
St. Croix, making a vacancy in the Council, to
which Francis Hopkinson is recommended.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington Feb' : y 28, 1774.
The Rt. Hon ble the Earl of Dartmouth
My Lord
The Assembly being Sitting, and I at present much
engaged with the Publick Business, it is scarcely in
my Power to do more (as the Mail is to be sent away
To-morrow Morning) than to acknowledge the Receipt
of Your Lordship's Dispatch N° 7— two from M 1 Pow-
nal dated 1 st Septf" and l sfc Decern!' — and one from W.
Knox of the 6*? 1 of Octoi' — the Contents of which I shall
not fail to pay proper Attention to.
The Assembly have been sitting ever since the 10*
of Novf except a Recess of a few Weeks during the
Holidays. Great Part of the Time has been taken up
in a Dispute about the Removal of the Treasurer of
the Eastern Division of this Province; the true State
of which will appear by the enclosed printed Copy of
my last Message to them on the Subject. This Affair,
which had occasioned a good deal of Disturbance in
the Province, the People being much divided in their
Sentiments respecting it before the Publication of the
Message, has now taken another Turn, & the People
very generally blame the conduct of the Assembly.
However, as the House persevered in their Refusal to
grant the Supplies for the King's Troops, &c unless
W- Skinner was previously removed, he, to put an End
to the Dispute, has resigned his Office, and Harmony
is likely to be restored between me & the Assembly.
426 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Charles Read Esq!", 1 one of His Majesty's Council for
this Province, having removed to S- Croix, where he
intends to Settle, I beg leave to recommend Francis
Hopkinson Esq- a Gentleman of Character and For-
tune, and a Relation of the Bishop of Worcester's, to
supply M r Read's place in the Council. He resides, as
M^ Read did, in the Western Division of this Province,
and I do not know any person in that Division who is
better, if so well qualified to Serve His Majesty in that
Station. 2
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient &
most hum. Servant
W. Franklin
1 A notice of Charles Read is given in New Jersey Archives, IX., 151. Some fur-
ther mention of him may be proper. He was doubtless a descendant of Charles
Read, who came from England and settled at Burlington about 1678. Following
the fortunes of George Keith he separated from the Quakers and identified himself
with the Church of England in Philadelphia, where he was a merchant many years,
and where he died in 1705, leaving a son, Charles Read, then a minor. The second
Charles Read was also a merchant of Philadelphia, was a member of the Common
Council 1717, an Alderman 1722-0, Mayor 1726-7, and Alderman again 1727-36, dying
in the last named year. He was also Sheriff 1729-31, and was Clerk of the Orphans'
Court for several years before his death. He was a Vestryman of Christ Church
1717-26, and perhaps longer.— Penn. Mag. of Hist, and Biog., October, 1885. 339-43;
Dorr's Hist. Christ Church, 294; Hills's Church in Burlington. 156, 809; Penn. Col.
Records, IV., 151. Charles Read, probably a son of the latter, was a member
for Burlington city of the New Jersey Assembly, elected in 1751, and of the
next Assembly, elected in 1754.— iV. J. Hist. Soc. Proc, May, 1850, 31. He eontin-
ued in the House until called up to a seat in the Council in 1758.— Archives. IX., 127,
151. He was Deputy Secretary for the Province, was one of the Surrogates for
both East and West Jersey, Commissioner fur New Jersey at the Easton Confer-
ence with the Indians in 1758 (when he signed his name, "Charles Read, Jr."), and
was entrusted with a variety of other positions of honor and profit.— lb., 151,283,
35!) ; Penn. Col. /,'minls, VIII., 175. He was commissioned a Justice of the Su-
preme Court, August 17, 1753, and the same day was license, 1 as an attorney and
counsellor, but whether he had ever studied law, or where, does not appear. He
was appointed Chief Justice February 20, 1764, and Frederick Smyth having been
appointed Chief Justice in the following October, Bead was again commissioned
Associate Justice November 6, 1764, and held the office until Ins removal from New
Jersey, as above.— Vroom's Sup. Ct. Rules, 17, 15,58. The marriage of Charles
Read to Sarah Harw( od, October 17. 1733. is recorded in the bonks of Christ Church,
Philadelphia. M Penn. A rehires. VI1T..2H. Is this the same person:- [W. N.|
8 Francis Hopkinson, afterwards on* of the signers of the Declaration of Inde-
pendence, was a sun of Thomas Hopkinson, an Englishman of brilliant accomplish-
ments, who married, in 1786, Mary Johnson, a niece of the Bishop of Worcester,
Thomas was Deputy Clerk of the Orphans' Court of Philadelphia for several years
L774] ADMINISTRATION OF GOVERNOR FKANKLIN. 427
Commission of Richard Stockton as Associate Jus-
tice of the Supreme Court.
[From Book C 3 of Commissions, Secretary of State's Office, Trenton, fol. 144.]
George the Third by the Grace of God of Great
Britain France and Ireland King Defender of the
Faitji &c. To Richard Stockton Esq. ' Greeting We
under Charles Read, and on the death of the latter, in 1736, was appointed to fill
the vacancy. It was a singular coincidence that thirty-six years later his son,
Francis, should have been named to succeed in an important station his own
former patron's son, Charles Read, the younger. Francis was baptized in Christ
Church, Philadelphia, November 12, 1737, being at the time seven weeks old. -Hist.
Burlington and Mercer Counties, 468. He was liberally educated, and so far de-
parted from the ordinary curriculum of the time as to familiarize himself with the
Dutch language, utilizing his knowledge in making a translation of the Psalms,
etc., for the Dutch Church at New York, in 1765, for which he received £145: with
the money thus earned he sailed for England in 1766, remaining abroad more than
a year, being the guest of his relative, the Bishop of Worcester. On September 1,
1768, he became identified with New Jersey thus in the eloquent language of a Bor-
dentown correspondent of the Pennsylvania Chronicle of the day:
" On Thursday last Francis Hopkinson, Esq., of Philadelphia, was joined in the
Velvet Bands of Hymen, to Miss Nancy Burden, of this place, a lady amiable both
for her internal as well as external Accomplishments, and in the words of a cele-
brated poet :
" 'Without all shining, and within all white,
Pure to the sense, and pleasing to the sight.' "
Ann Borden was a daughter of Judge Joseph Borden, the son of the founder of
Bordentown. Probably about the time of his marriage Mr. Hopkinson took up his
residence at Bordentown. where he remained for several years. —Hist. Burlington
and Mercer Counties, 468-9. He still retained his connection with Pennsylvania,
however, being a Vestryman and acting as organist at times for Christ Church,
Philadelphia.— Dorr's Hist. Christ Church, 298. May 1, 1772, he was appointed Col-
1 Richard Stockton was descended from an English family, of Stockton in Dur-
ham, on the river Tees, England. The first of the family to immigrate to America,
Richard Stockton, settled at Flushing, L. I., whence he removed to Burlington
county, N. J., where he bought 2,000 acres, March 10, 1692. He died 1707, leaving
children Richard, John, Job, Abigail (Ridgeway), Sarah (Jones), Mary, Hannah and
Elizabeth. His son Richard removed from Flushing to Piscataway, and thence (in
1696) to Princeton, buying 400 acres, and in 1701 bought of William Penn 4,450 acres
more, in and about the present Princeton. He died 1709, leaving six sons— Richard,
Samuel, Joseph, Robert, John, Thomas. His estate being divided soon after, the
homestead, now known as " Morven," fell to John, who became an influential man
in the community. He was a judge of the Somerset Common Pleas, and was a
warm friend of Princeton College.— Princeton and its Institutions, by John F.
Hageman, I., 33-9. Richard Stockton, son of John, was born at Princeton October
1, 1730, was one of the first class graduates from the College of New Jersey, in 1718.
studied law under David Ogden, was licensed in 1754 as an attorney, in 1758 as a
counsellor, and in 1764 as sergeant, his practice meantime becoming co-extensive
428 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
reposing special Trust and Confidence in your Integ-
rity Learning and Ability have assigned Constituted
and appointed And We do by these presents assign
constitute & appoint you the said Richard Stockton
Esq . to be one of the Justices of our Supreme Court of
Judicature for our Province of New Jersey in Amer-
ica Giving and by these Presents Granting unto you
full Power and Authority to hear try & Determine all
lector of Customs at New Castle, on the Delaware.— Perm. Archives, IV., 451. He
was licensed as an attorney and counsellor of New Jersey May 8, 1775.— Frooro's
Sup. Ct. Rules, 60, 94. On June 22, 1776, he was appointed by the Provincial Con-
gress as one of the delegates from New Jersey to the Continental Congress.— Min-
utes Provincial Congress, etc., 473. The journals of the latter body show that Mr.
Hopkinson presented the instructions under which he and his colleagues were to
act. He signed the Declaration. The Legislature in joint meeting on September 4,
1776, appointed him one of the Associate Justices of the Supreme Court, but he de-
clined the office— Vroom's Sup. Ct. Rules, 47. The Continental Congress appointed
him, November 6, 1776, one of three persons to constitute the Continental Navy
Board.— Journals of Congress; Penn. Col. Records, XL, 260. Some account of a
quarrel he had at Bordentown in this capacity in 1778 will be found in the Hist.
Mag., IH., 202-3. The Pennsylvania Legislature appointed him, July 16, 1779, Judge
of Admiralty, which office he held by successive appointments until the court was
superceded in 1789 by the Federal Courts.— Penn. Col. Records, XII., 49, 307, 567-73-
84; XV., 191; XVI., 99. Mr. Hopkinson's connection with New Jersey, slight as it
had been, appears to have ceased from 1779. and he became identified exclusively
with his native State. Shortly after the accession of Washington to the Presidency
he appointed Mr. Hopkinson Judge of the United States District Court for Pennsyl-
vania; he continued in that office until his death, May 9, 1791. Mr. Eopkinson was
more famous as a clever, ingenious and witty political writer, essayist and poet,
than as a statesman or judge. He was something of an artist and musician as
well. One of the fullest sketches of his life and varied accomplishments is to be
found in the History of Burlington and Mercer counties, 468-9. Duychinck's Cyclo-
pedia of American Literature (I., 209) dwells more upon the literary side of his
character.— [W. N.]
w nli tin' Province, and even reaching beyond its limits.— lb.. 78; Provincial Courts
of New Jersey, by Richard S. Field, 192; Life of Com. Rob, rt F.Stockton, 9-10;
Sketch of Life of Richard Stockton,hy Wm. A. Whitehead, N. J Hist. Sue. Proc.,
January. 1877; Rules of Supreme Court. X. J.. 1885, Appendix (by <!. D. \V.
Vroom) 54, 59.
In 1764, writing to his former law-student, Joseph Reed, he suggested as the
readiest solution of the troubles between England and her Colonit s, the election of
some bright Americans to Parliament (.Reed's Reed, 1.. 80), bul a year later, during
the controversy over the Stamp Act, he took the positive ground thai Parliament
bad no authority over the American colonists; so rapidly did public sentiment
develop in those time's. .V. ./. Hist, Proc . 149. In 1766 he went to England, where
he spent a year, mingling in the highest circles, and had much to do with persuad-
ing Dr. Witherspoon to accept the Presidency of Princeton College. Hist, of Col-
legi oj V. ./.. by John MacLean, [.,297, 385; Provincial Courts, 192-6. Appointed
to the Council in 1768 (see ante, page 59), or, the recommendation of Governor
L774] ADMINISTRATION OF GOVERNOR FRANKLIN. 429
Pleas whatsoever Civil, Criminal and mixed, accord-
ing to the Laws Statutes & Customs of Great Britain
and the Laws and usages of our said Province not
being repugnant thereunto and Execution of all Judg-
ments of the said Court to award and make such
Rules and Orders for the Benefit of the said Province
as may be agreeable to the Rules and Orders of our
Court of Kings Bench Common Pleas and Exchequer
Franklin, he stood so well with the Governor that six years later he was commis-
sioned one of the Justices of the Supreme Court, as above, to succeed Judge Reed ,
removed to the West Indies. The affairs of his country were evidently on his heart
and mind during these troublesome times, and under date of December 12, 1774, he
drafted and sent to Lord Dartmouth "An Expedient for the Settlement of the
American Disputes, humbly submitted to the consideration of his Majesty's Minis-
ters," in which he suggested substantially a plan of self-government for America,
independent of Parliament, without renouncing allegiance to the Crown.— Histori-
cal Magazine, November, 1868, p. 228. He retained his position in the Council until
the end of royal government in New Jersey, and attended the meetings of that
body as late as November 24, 1775.— Minutes Provincial Congress, etc., 323. He
was elected to the Continental Congress, June 22, 1776.— lb., 473. Six days later the
New Jersey delegates took their seats in Congress, in time to hear the closing debate
on the Declaration of Independence, and Mr. Stockton is said to have made a "short
but energetic speech " in favor of the measure.— Works of John Adams, HI., 53-8;
Provincial Courts, 197. While he was still attending to his duties in Congress a
large number of his friends and admirers at home favored him for Governor, and
on the first ballot in the Legislature (August 30, 1776) the votes were equally divided
between him and William Livingston, who was chosen the next day. — Minutes Joint
Meeting, passim; Sedgivick's Livingston, 205-6. Gordon alleges this whimsical rea-
son for the preference: " Mr. Stockton having just at the moment (of the ballot),
refused to furnish his team of horses for the service of the public, and the Legisla-
ture coming to the knowledge of it, the choice of Mr. Livingston took place imme -
diately."— H istory of Revolution, ed. 1789, II., 108. The true reason doubtless was
that it was thought best to have a man of some military instincts in the Governor's
chair, and Livingston was then in camp. Be that as it may, the Legislature the
same day (.August 31), elected Mr. Stockton to be the first Chief -Justice of the new
State, but he declined, preferring just then the more active career of a Congressman .
—Minutes Joint Meeting, passim; Sedgwick's Livingston, 206. On September 25,
1776, Congress appointed him on a committee of two to visit the Northern aru^, and
he set out immediately. He was greatly affected at the unfortunate condition of
the patriot soldiers. Writing from Saratogo, October 28, to Abraham Clark, be
says the New Jersey soldiers were " marching with cheerfulness, but great part of
the men barefooted and barelegged. My heart melts with compassion for my
brave countrymen who are thus venturing their lives in the public service, and yet
are so distressed. There is not a single shoe or stocking to be had in this part of
the world, or I would ride a hundred miles through the woods and purchase them
with my own money."— A merican Archives, 5th series, II., 561, 1256, 1274. He left
Albany on his homeward journey, November 21. Two days later he was appointed
by Congress on a committee " with full power to devise and execute measures for
effectually re-enforcing Gen. Washington, and obstructing the progress of Gen.
Howe's army." lb., III., 784, 828. During the ensuing week he was appointed on
other committees, but it is doubtful if he ever resumed his seat in Congress after
430 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
in Great Britain to have and to hold the said Office or
Place of one of our Justices of our Supreme Court of
our Province of New Jersey with all & singular the
Rights priviledges Profits Salaries Fees and Perqui-
sites to the said Place belonging unto you the said
Richard Stockton for and during our Will and Pleas-
ure In Testimony whereof We have Caused the Great
Seal of our said Province of New Jersey to be here-
unto affixed Witness our Trusty and welbeloved Wil-
liam 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 in the same &c. at Bur-
lington the 28th of February 1774.
Pettit.
setting out from Albany, for by the time he could reach Princeton the British were
marching triumphantly through New Jersey, and he was compelled to seek shelter
for his family with a friend, John C'ovenhoven, in Monmouth county. There he
was surprised and captured by a party of Tories, who shamefully treated him. and
dragged him by night to Perth Amboy, where he was temporarily confined in the
jail in bitterly cold weather, until he could be removed safely to New York, where
he was locked up iu a foul prison, and treated with such indignity that Congress
was impelled (January 3, 1777) to formally remonstrate against bis treatment, and
took measures to secure his exchange. When released his health was hopelessl}'
shattered, and he was an invalid until relieved by death, February 28, 1781, at
Princeton. The date of his arrest is generally given as November 30, 1770, being
the very day on which the New Jersey Legislature re-elected him to Congress for
another year. He resigned February 10, 1777.— Hageman, ut supra, I., 86; Provin-
cial Courts, 198-9; Lossing's Field-booh of tlie Revolution, II. , 242; Gordon's . I meri
can Revolution, ed., 1780, II., 175; Return's Hist. JV. J., I., 123; Whitehead, ut supra;
Whitehead's Perth Amboy, 254; Gordon's JV. J., 32-1. Mr. Stockton married Annis
Boudinot, daughter of Elias Boudiuot. of Elizabethtown, and sister of Elias Boudi-
not, LL.D., President of Congress, 1782-3, and first President of the American
Bible Society. Dr. Boudinot marriei (1702) Mr. Stockton's sister.— Hut field's Eliza-
town, 588-9; Helen Boudinot Stryker, in Penn. Hist. Mag., 111., 191. Mrs. Stockton
frequently wrote verses for the periodicals of the day, and one of her compositions,
addressed to Washington, on the surrender of Cornwallis, elicited from him a most
gallanl and courtly acknowledgement. -Mag. American lli*t..\'.. 118; VII.. 66.
Mr. Stocklon left children: Hit-hard (the "Duke "), Lucius Horatio, Julia (married
Dr. Benjamin Hush i. Susan (married Alexander Cuthbert), Marj (married the Rev,
In. Andrew Hunter), Abby (married Robert Field). — Provincial Courts, 199. The
fullest and most accurate sketch of the family, and especiallj of the signer, is
given by John P. Hageman, Esq., in his admirable and deeply interesting history
of • Princeton and its Institutions," [.,86-88. ' W. N.|
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 431
Circular Letter from Mr. Poivnall to the Governors in
America, inclosing Copies of the King's Message
to Parliament, relative to the disturbances in the
Colonies, together with resolutions of that body.
[From P. R. O. America and West Indies, Vol. 278.]
Whitehall March 10* 1774.
His Majesty having thought fit to lay before the
Two Houses of Parliament the Advices which have
been received relative to the late Disturbances in some
of the Colonies, Inclosed I send you by the Earl of
Dartmouth's directions Copies of His Majesty's Mes-
sage accompanying those Papers, and of the Resolu-
tions of Both Houses which followed thereupon —
I am &c a
J Pownall
Copy of His Majesty's Message, To Both Houses
of Parliament Delivered 7" 1 March 1774
George R
His Majesty, upon Information of the unwarranta-
ble Practices which have been lately concerted and
carried on in North America, and particularly of the
violent and outrageous Proceedings at the Town and
port of Boston, in the Province of Massachusetts Bay,
with a View to obstructing the Commerce of this
Kingdom, and upon Grounds and Pretences immedi-
ately subversive of the Constitution thereof, has
thought fit to lay the whole Matter before His Two
Houses of Parliament; fully confiding as well in their
Zeal for the Maintenance of His Majesty's Authority,
as in their Attachment to the common Interest and
Welfare of all His Dominions, that they will not only
432 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
enable His Majesty effectually to take such Measures
as may be most likely to put an immediate Stop to the
present Disorders, but will also take into their most
serious Consideration what further Regulations and
permanent provisions may be necessary to be estab-
lished for better securing the Execution of the Laws,
and the just Dependance of the Colonies upon the
Crown and Parliament of Great Britain.
G. R.
Resolution of House of Lords for Address in
Answer to His Majesty's Message 7 th Mar.
1774.
House of Lords 7 th March 1774
Ordered, That an humble Address be presented to
His Majesty, to return His Majesty the thanks of this
House, for His Majesty's Gracious Message and for
the Communication His Majesty hath been Graciously
pleased to make to this House of several Papers rela-
tive to the present State of some of His Majesty's Col-
onies in North America.
To assure His Majesty that this House truly sensible
that the Peace and good Government of the Colonies
and the preventing any obstructions there to the Com-
merce of this Kingdom are objects of their most
serious Attention, will enter upon the Consideration
of these Papers with an earnest desire to make such
Provisions as upon mature Deliberation shall appear
necessary and expedient for securing the just Depend-
ance of the said Colonies upon the Crown and Parlia-
ment of Great Britain, and for enforcing a due Obedi-
dience to the Laws of this Kingdom, throughout all
His Majesty's Dominions.
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 433
Resolution of the House of Commons for Ad-
dress in Answer to His Majesty's Message
7 th March 1774.
Resolved
That an humble Address be presented to His Maj-
esty, to return His Majesty the Thanks of this House,
for His Majesty's Gracious Message; and for the Com-
munication His Majesty hath been Graciously pleased,
to make to this House, of several Papers relative to
the present State of some of His Majesty's Colonies in
North America.
To assure His Majesty, that this House will, without
Delay, proceed to take into their most serious Consid-
eration His Majesty's said most Gracious Message,
together with the Papers accompanying the same;
and will not fail to exert every Means in their Power,
of effectually providing for Objects so important to
the general Welfare, as maintaining the due Execu-
tion of the Laws, and securing the just Dependance of
His Majesty's Colonies upon the Crown and Parlia-
ment of Great Britain.
Letter from Gov. Franklin to the Earl of Dartmouth,
transmitting ansivers to inquiries reloMve to the
present state and condition of His Majesty's Pro-
vince of New Jersey.
[From P. R. O. America and West Indies, Vol. 177 (195).l
Burlington March 28*? 1774
Right Hon ble the Earl of Dartmouth
My Lord,
The Assembly having sat from the lO" 1 of November
to the 11 th Instant; during which Time (as I have no
private Secretary to assist me in my Business) I had it
not in my Power before to answer the Queries or
28
434 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Heads of Enquiry transmitted to me in your Lord-
ship's Circular Dispatch of the 5 th of July last. I have,
however, Since their Prorogation lost no Time in an-
swering them, and I now Send my Answer by this
Opportunity. Had I not been disappointed in getting
some Materials which had been promised me by Some
of the Gentlemen of the Council 1 it would have been
fuller, but I am in hopes that, as it is, it will prove
Satisfactory, as I think I have omitted no material
Point. I shall however endeavour to have an exact
Map made of the Colony & to collect all the Materials
which may be necessary to enable me to give a perfect
Account of its Present State. A History of it was
published in 1705 by M! Smith, one of His Majesty's
Council, which if His Majesty has not before Seen
may Serve to afford, with the Observations Sent here-
with, a better Idea of the Nature of the Government,
People &c. than can other wise be obtained. I have
therefore Sent one of them herewith.
The Laws and Proceedings of the last Session are
copying; when finished I shall transmit them to your
Lordship. — I have obtained from the Assembly a Sup-
ply for the Kings Troops Stationed in this Colony.
I have the Honour to be, with the greatest Regard,
& Respect
My Lord, Your Lordships most obedient
& most humble Servant
W! Franklin.
Heads of Enquiry relative to the present State
& Condition of His Majesty's Province of
New Jersey in America and the Governor's
Answers thereto.
1. What is the Situation of the Province under your
Government, the Nature of the Country, Soil and Cli-
1 See Duer's Life of Lord Stirling, 111.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 435
mate, the Latitudes & Longitudes of the most consid-
erable places in it, Have those Latitudes and Longi-
tudes been Settled by good Observations, or only by
common Computations ? and from whence are the
Longitudes computed ?
Answer. New Jersey is Situated between New York
& Pennsylvania, and lies about 75° West Longitude
from England, and between Latitude 30° and Latitude
41° 21/ 37" — There are Several Chains or Ridges of
Hills in this Province, but of no great Consideration;
many of them are capable of Cultivation to near the
Summit. — The Soil of at least one fourth Part of the
Province is said to be poor and barren Sand, in re-
spect to Tillage, which Part, however, abounds with
Pines and Cedars, and some few Tracts of Swamp
capable of being made Meadow. The Upland is of va-
rious Kinds, some parts a Stiff Clay, others a Gravel,
but in general tolerable good Wheat Land, tho' seldom
equal to the Soil in many Parts of England; the great-
est of that which is sandy produces good Rye and In-
dian Corn. — The Climate is very variable, often in the
extreme. I have known the Weather change 19° De-
grees in one Hour by Farenheit's Thermometer. With-
in the same Year the Thermometer in the shade has
been at 97° and at several Degrees below 0. — Amboy
the Capital of East Jersey, is in about 70°, 30' West
Longitude from London, and one Degree East Longi-
tude from Philadelphia, and nearly in Lat. 40°, 30'. —
Burlington, the Capital of West Jersey, is in about
74° 40' West Longitude from London; and in about
40°, 10' North Latitude. — These are the Common Com-
putations, and I believe that neither the Latitude nor
Longitude of those Places have ever been taken by ac-
tual Observation.
2. What are the reputed Boundaries, and are any
Parts thereof disputed, what Parts and by whom ?
Answer, New Jersey is bounded on the West & South
436 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
West by Delaware River aDd Bay; on the South East &
East by the Atlantic Ocean, the Sound which sepa-
rates Staten Island from the Continent and Hudson's
River; on the North by the Colony of New York, ac-
cording to a Line lately Settled by Commissioners ap-
pointed by the Crown, beginning at a Rock on the
West side of Hudson's River, marked by the Survey-
ors in 176i» as found to be in Lat. 41°, and running
North Westerly to the Mouth of Mahacamack found
by the same Surveyors to be in Lat. 41° 21/, 37". —
Since the late Settlement of the Northern Boundary
by Commissioners, there are no Parts disputed with
any other Colony, except Staten Island, which is in
the Possession of the Government of New York, but
seems to be clearly within the Grant from the Duke
of York to the New Jersey Proprietors. But the Pro-
prietors having lately incurred a great Expence in get-
ting their Northern Boundary settled, and by which
they were deprived of a considerable Tract of Country
that they had always before thought themselves just
ly entitled to, are discouraged at present from prose-
cuting their Claim to Staten Island. The Generality
of the People, however, who are settled on it, are, I
am told, so conscious of the Justness of the New Jer-
sey Claim, that they take Care to obtain a Proprietary
Right to their Lands, as well as a Grant from the Gov-
ernment of New York. It's Situation is much nearer
to New Jersey than to New York, and it would be
every Way more convenient for the Inhabitants were
they annexed to N. Jersey. — As the Commissioners
have fixed the Northern Boundary of this Province on
the Delaware in Lat: 41°, 21' 37" (instead of Lat. 41°
40' mentioned in the D. of York's Grant) a Dispute is
likely to arise between the Proprietors of the Eastern
and the Proprietors of the Western Division concern-
ing their Partition Line. This Line was formerly run
from Little Egg Harbour on the Ocean to Cushietunk
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 437
or Station Point in Lat. 41°, 40', as that was then sup-
posed to be the Northern Boundary of the Province on
the Delaware side, but since the Commissioners have
settled it lower down the River, at Mahacamack in
Lat. 41°, 21', 37, the West Jersey Proprietors contend
that the Line ought now to be run to that Place from
Little Egg Harbour; by which, if they succeed, they
will gain from the Eastern Proprietors a Gore of Land
amounting, it is thought, to upwards of 200,000 Acres.
3. What is the Size and Extent of the Province, the
Number of Acres, Supposed to be contained therein,
what Part thereof is cultivated and improved, & under
what Titles do the Inhabitants hold their possession ?
Ansiver, The greatest Length of New Jersey from
North to South, that is from Cape May in the Lat. 39°
to the North Station point on Delaware is about 184
Miles. Its greatest Breadth is about 60 Miles: but
supposing it on an Average about 150 in length and
50 in Breadth, the whole Province must then contain
4,800,000 Acres.— How much Land is actually in Cul-
tivation it is difficult to guess. It is supposed that
West Jersey contains the greatest Quantity of Acres,
and in Return took the most barren Land. The East
Jersey Proprietors were, in the year 1765, supposed to
have located nearly 468,000 Acres of good Land, and
96,000 Acres of Pine Land. The Proprietors of West
Jersey soon after their Arrival, divided among them,
500,000 Acres, which they called the first Dividend,
since which, at different Times, they have issued Di-
rections for each proprietor's taking his Part of four
other Dividends of the like Quantity, amounting in the
whole, with Allowance of five ftf Cent, for Roads, to
2,625,000 Acres, conjectured by many to be full as
much Land, as the Division contains; of this the far
greater Part is already surveyed; what yet remains
are chiefly the Rights of Minors and people abroad. —
The Inhabitants derive their Titles under the orig-
438 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
inal Proprietors, who derived their Title under the
Duke of York, who had a Grant of the Country from
his Brother King Charles the Second.
4. What Eivers are there, and of what Extent, and
Convenience in Point of Commerce ? 5. What are
the principal Harbours, how situated, of what Extent,
and what is the Depth of Water and Nature of An-
chorage in each ?
Ansiuer, The principal Rivers in, or communicating
with the Province of New Jersey, are the North or
Hudson's River, Delaware River, and Raritan River;
There are some smaller Rivers, such as Passaick, &
Hackinsack, which empty themselves into Arthur
Cull Bay adjoining the North Side of Staten Island,
and Maurice & Ancocus Rivers which run into the
Delaware. Hudson's River is navigable for large
Sea Vessels of 4 or 500 Tons, above the North Boun-
dary of New Jersey, as is the Delaware, for some Miles
above the City of Burlington. To Amboy, which is
Situated at the Mouth of Raritan, Vessels of the great-
est Burthen may come. There is good anchoring in
the Harbour, which is one of the finest and safest in
the World, capable of receiving the whole Navy of
England. The Raritan is navigable for small Sea Ves-
sels up to Brunswick, which is 12 Miles from Amboy,
and nearly as high as the Tide flows. Great Quanti-
ties of Country Produce are brought from the Northern
and Inland Parts of the Province by means of the
Delaware,* Raritan, Passaic, Hackensack, Maurice and
Ancocus Rivers, and by Rah way and Bounds Creeks in
East Jersey, and by Croswicks, Salem, & Cohanzy
Creeks in West Jersey, besides by severall small Riv-
ers & Creeks on the Sea Coast. The Extent, Depth
* The Tide in this River goes no higher than Trenton in N. Jersey, which is about
30 Miles above Philadelphia, where there is a Rift or Kails, passable, however, with
llai bottom'd Boats which carry 5 or (100 Bushels of Wheat. By these Boats, of
which there are now a great Number, the Produce of both Sides the River for up
wards of 100 Miles above Trenton are brought to Philadelphia.
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 439
of Water, and Nature of Anchorage in each, it is ex-
pected, will be soon exactly ascertained by Capt. Hol-
land, who, I am told, is to begin his Survey of New
Jersey this Summer.
6. What is the Constitution of the Government !
Answer. The original Constitution of New Jersey
consisted of Several Setts of Concessions from the Pro-
prietors, but since their Surrender of the Government
to the Crown in 1702, it is supposed that only Such of
those Concessions as were renewed and specified in
the Commission and Instructions given to the first
Governor, Lord Cornbury, can be considered as the
Fundamentals of the present Constitution. — The sev-
eral Concessions from the Proprietors — their Surrender
of the Government — the Crown's Acceptance thereof —
and the Eoyal Commission & Instructions to Lord
Cornbury, are to be found at large in Smith's History
of New Jersey sent herewith.
The Legislature at present consists of a Governor,
Council, and Assembly or House of Representatives. —
The Governor is appointed by the Crown, and he holds
his Commission, which is under the Great Seal of Eng-
land, during the King's Pleasure. The Council are
appointed by Mandamus from the Crown, and hold
their Seats during Pleasure. They are 12 in Number,
and act as a distinct Branch of the Legislature, but I
do not find that they were ever regularly constituted
as such. — The Assembly consists of two Members from
each of the 13 Counties, & two for each of the Cities
of Perth Amboy & Burlington, making in all 30 Mem-
bers, who are chosen by such of the Freeholders and
Inhabitants as are legally qualified for that purpose.
The Governor, with the Advice of the Councill can
call, adjourn, prorogue or dissolve them, and there is
no Septennial or other Act which limits their Duration. '
1 " An Act for the septennial Election of Representatives to serve in the General
Assembly of the Colony of New Jersey," was passed by the Assembly May 10, 1708,
but never received the Royal assent. — Allinson's Laws, 306
440 ADMINISTRATION OF GOVERNOR FRANKLIN* [1774
Each Branch of the Legislature has a Negative on all
Bills, which sometimes originate in the Council, but
generally in the Assembly. — The Legislative meets
alternately at Amboy and Burlington, which is at-
tended with great Inconvenience & Expence to the
Governor, and is besides disadvantageous to the Pub-
lic, as it keeps up an idle Distinction between the two
Parts of the same Province, and occasions the Records
to be kept at two different Places when one would
Suffice and be more convenient for the People in gen-
eral, as well as the Officers of Government. This
ought to be rectified, and Amboy established as the
sole seat of Government, it being every way more
proper than any other other Place, and is not above
12 Miles from the centre of the Province, which is
greatly nearer than the Capital of any other Colony
is to the Centre of it. — The enacting Stile is, "Be it
Enacted by the Governor, Council, and General As-
sembly." There seems to be an Impropriety in the
House of Representatives being Stiled the General As-
sembly. That Appellation more properly belongs to
the Governor, Council, and House of Representatives
when met in their legislative Capacity, as the Word
Parliament includes King, Lords, & Commons. It is
to be wish'd therefore that the Stile was altered to
"Governor, Council & Assembly, which is likewise
agreeably to the Royal Instruction to Lord Cornbury
the first Governor, and how the other Stile came
to be adopted I know not, but it has been constantly
used for many Years past.— All the Acts passed by
the Legislature of New Jersey may be disallowed by
His Majesty; but, unless they have Suspending Clauses
inserted in them, they are in force till His Majesty's
Pleasure is known, — The House of Representatives is
no Court of Judicature, but claim the Privilege of
enquiring into the Mai Administration of the Courts
of Justice, and Officers of Government, and to orig-
inate all Money Bills.
i?74] ADMINISTRATION OF GOVERNOR FRANKLIN. 441
The Courts of Judicature are, l 8 .* The Chancery, in
which the Governor alone presides. 2 a . The Court of
Errors and Appeals, the Judges of which are the Gov-
ernor & Council, but the GovV has only one Vote.
Appeals lie to this Court from any of the Courts of
Common Law, in Causes where the Sum or Value
appealed for exceed the sum of 300£ Sterling, and
from thence if it exceed 500£ Sterl g , the Parties may
appeal unto His Majesty in his privy Council.
31 The Prerogative Court in which the Governor
presides as Ordinary. It has Conusance of all Matters
relative to the Probate of Wills, and granting Letters
of Administration.
4 th The Supreme Court, in which presides the Chief
Justice, and two assistant or puisne Justices, stiled the
second & third Justices. This Court is held four
Times a Year, at Amboy & Burlington alternately,
and generally once a Year in each County, or oftener
if there should be Occasion. It takes Conusance of all
Matters which can be regularly tiied in the Courts of
Kings Bench, Common Pleas, and Exchequer in
England.
5*? The County Courts of Common Pleas & Quarter
Sessions.
6'J 1 The Justices Courts for Trial of Causes of Six
Pounds and under, in a Summary Way. All the
Courts (except this last) are established by Virtue of
the Eoyal Commission. — Courts of Vice Admiralty
have been sometimes held in this Province, chiefly in
Time of War, but the Judges reside in the neighbour-
ing Colonies, viz* the principal Judge Jared Ingersol,
Esq 1 - at Philadelphia, and the other Judge Richard
Morris, Esq." at New York.
1. What is the Trade of the Province, the Number
of Shipping belonging thereto, their Tonnage, & the
Number of Sea faring Men, with the respective In-
crease or diminution within ten Years past %
442 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Ansiver, There is some little Trade carried on from
several of the Ports in New Jersey to the West India
Islands, chiefly with Provisions & Lumber, and there
is one or two Vessels in the Madeira Trade. An Account
of what was exported for two Years from the District
of Amboy, (which is very extensive and includes
several Ports) from the 5 th of Jan r . y 1770 to the 5 Ul of
Jan? 1772, I have obtained from the Collector of Am-
boy; a Copy whereof is sent herewith. I have applied
to him, and to the Collector of Burlington and Salem
to make out such Accounts from that Time to the 5 1 . 11
of January 1774, which when obtained, shall be for-
warded immediately.— But as the Chief Part of the
Produce is sent to N. York & Philadelphia (without
being entered at the Custom Houses here) from whence
it is exported to other Countries, our Custom House
Ace- of Exports, can be of very little if any Use in
forming an Idea of the Quantity of our produce sent
to foreign Markets. New York & Philadelphia are in
Reality the Commercial Capitals of East & West Jer-
sey; and almost all the Articles we import for Home
Consumption are from one or other of those Cities, of
which no Entries are or can well be made at our Cus-
tom Houses, consequently we have no W'ay of coining
at an exact Account of them.
s. What Quantity & Sorts of British Manufactures
do the Inhabitants annually take from hence; what
Goods & Commodities are exported from thence to
G. Britain, and what is the Annual Amount at an
Average?
Answer, For the Reason given in the Answer to the
foregoing Question, it is impossible to ascertain the
Quantity of British Manufactures consumed in the
Colony. But the Sorts are in every respect the same
as is exported into & consumed by the inhabitants of
N. York & Peusylvania. — There are no Commodities
exported directly from N. Jersey to G. Britain, but in
1774] ADMINISTRATION - OF GOVERNOR FRANKLIN. 443
general all such Articles as are exported from New-
York & Philadelphia to Great Britain are in Part Sup-
plied by New Jersey
9. What Trade has the Province under your Gov-
ernment with any foreign Plantations, or any Part of
Europe besides G. Britain; how is that Trade carried
on; what Commodities do the People under your Gov-
ernment send to or receive from foreign Plantations,
and what is the annual Amount thereof at an Average.
Answer, Lumber, Houses ready framed, and Pro-
visions, are the chief if not the only Commodities ex-
ported from hence to any of the foreign Plantations.
This Trade is carried on by New England Sloops or
Schooners, and by some Vessels of that Kind belong-
ing to the People of this Colony, but principally by
the former. The Keturns are partly in Cash, and
partly in Rum or Melasses. The annual Amount
thereof I know not, nor any way of coming at it, as
the New England Vessels carry their Returns to the
Colonies they belong to, and the N. Jersey Vessels
often land their West India Cargoes at New York or
Philad a — No Trade is carried on from hence to any
Part of Europe. —
10. What Methods are there used to prevent illegal
Trade, and are the same effectual %
Answer, There are no other Methods taken to pre-
vent smuggling but such as are taken by the Custom
House Officers, in pursuance of the Authority given
them by Acts of Parliament, and the Directions given
them from Time to Time by the Commissioners of the
Customs. There is no Doubt, however, but that not-
withstanding all their Endeavours to prevent it, some
smuggling is carried on in this Colony, as well as in
every other Part of the British Dominions. On so ex-
tensive a Coast, in which there are many Harbours
and Inlets, it is next to impossible to Stop it effec-
tually. The Chief Smuggling here, I suspect is the
444 ADMINISTRATION OP GOVERNOR FRANKLIN. [1774
Produce of the foreign West India Islands. Some
Cargoes from thence have been seized at different
Times which has proved some Check to that Branch
of illicit Trade.
11. What is the natural produce of the Country,
Staple Commodities & Manufactures, and what Value
thereof in Sterling Money may you annually export ?
Answer, The principal Produce of the Country and
Staple Commodities are, Wheat, Indian Corn & other
Grain, Flour, Bread, Beef, Pork, Hemp, Butter,
Hams, Flaxseed, Copper, Pig & Bar Iron, Pot Ash,
Leather, Cider, Bees Wax, Masts & Ship Timber.—
There are no Alterations in the Manufactures of this
Colony that I know of since my Letter to Lord Hills-
borough, of the U^ of June 1768 (N? 2.) to which I
beg leave to refer, except that it is suspected that dur-
ing the Non-importation Agreement, a new Slitting
Mill was erected in Morris County, in order to carry
on a Manufacture of Nails; which I have heard, is
contrived so as to be an Appendage to a Grist Mill,
and in such a Manner as to evade the Act of Parlia-
ment. However, of this I can get no certain Infor-
mation, as the Works are fenced in so that none are
admitted to see it but such as the Owners can confide
in; and the Governor is not authorized by Law to
cause it to be abated unless he receives Information
thereof on the Oaths of two credible Persons, which
there is no Probability of his receiving in these Times,
as the Informer would become so extremely unpopu-
lar. As Nails are now imported again from England
very cheap, I imagine there can be but little, if any,
Profit made by it. If there was much, it is probable
that more would have been erected before this Time.
Nor can I learn for certain whether this one is worked
at present. — We have no other Manufacture carried
on here (without the Coarse kind of Glass made at
an old Glass-House near Salem may be reckoned such)
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 445
that can at all interfere with those established at G.
Britain. For though some of our Farmers make more
coarse Woollen and Linen Cloth in their Families than
formerly, yet I believe it is a certain Fact throughout
British America, that the Quantity manufactured,
however much increased, bears no Proportion to the
increased Demand, arising from the great Increase in
the Number of Inhabitants. — The Value of the Pro-
duce, &c, exported cannot be known, as we have no
Way of ascertaining the Quantity, for the Reasons be-
fore mentioned.
12. What Mines are there ?
Answer, There are no Mines but Iron, and one or
two of Copper; but the principal Copper Mine has not
been worked to Advantage for several Year's past.
13. What is the Number of Inhabitants, Whites
and Blacks ?
Answer, I endeavoured in the Year 1772 to get the
exact Number of Inhabitants, together with an Ac-
count of the Births, Burials, ifcc. for which Purpose I
had printed Blanks (of the Form sent herewith) sent
to the several County Assessors, but as it would occa-
sion them some additional Trouble, for which there
was no Allowance, and as it was no Part of the Duty
enjoined them by Law, many of them refused. 1 A
general Account of the Returns which were made is
sent herewith, and the Assembly, upon my Applica-
tion at the last Session, have promised to provide for
the Expence of having the Lists taken at the next
Assessment, which, when completed, shall be immedi-
ately transmitted to His Majesty. At present the
Number of Inhabitants of all Sorts is, from the best
J The Governor had evidently written to his father on this subject. Under date
of April 6, 1773, Benjamin Franklin wrote him : " Your accounts of the numbers of
people, births, burials, etc., in your province will be very agreeable to me, and par.
ticularly so to Dr. Price. Compared with former accounts, they will show the
increase of your people, but not perfectly, as I think a great many have gone from
New Jersey to the more southern colonies."— Works, VHI., 41.
446 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Calculation which can be made, thought to be about
120,000.
1 4. Are the Inhabitants decreased or increased within
the last Ten Years; how much, and for what Reasons?
Answer, The Inhabitants I suppose to have increased
upwards of 2( \ 000 in the last ten Years, though great
Numbers have quit the Colony, & have migrated to
Virginia, North Carolina, the Ohio, Missisipi, &c. —
The principal Reason of their Increase is, there being
plenty of Land to be had at a moderate Price, by
which they can easily procure a Subsistance for a
Family, and consequently are encouraged to marry
early in Life.
15. What is the Number of the Militia, and under
what Regulations is it constituted.
Answer, The Number of Men capable of bearing
Arms in the Militia are reckoned at about 20,000; but
there are not above half that Number who are regu-
larly mustered and trained according to Law. The
Militia Officers are appointed by the Governor, and
they are authorized by Law to list all Persons between
the age of 10 and 50 Years (except the Gentlemen of
His Majesty's Council, the Representatives of the As-
sembly, Ministers of the Gospel, Physicians, & some
others) who are to appear in the Field armed and ac-
coutred twice a Year, in order to be taught the Use of
Arms, and at such other Times as the Gov?" or Com-
mander in Chief Shall call them together by an Order
in Writing. — The great Number of Quakers in the
Western Division are the principal Cause of the Militia
Law not being properly executed there, for, as they
will not appear on Training Days, they become subject
to a Fine, which, as they will not pay unless they are
distrain'd upon, there are few Gentlemen who live
among them that incline to take Commissions in the
Militia, their Duty requiring them to take Care that
such Fines are duly levied, which often must occasion
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 447
them to disoblige & live upon bad Terms with their
Quaker Neighbours.
16. What Forts and Places of Defence are there
within your Government, and in what Condition?
Answer, There are no Forts or Places of Defence
within the Colony. In the late War there were a few
Stockado'd Forts erected on the Frontiers to guard
against the Incursions of the Indians, but there are
no Eemains of them to be found at this Time.
17. What Number of Indians have you, & how are
they inclin'd ? 18. What is the Strength of the neigh-
bouring Indians ?
Answer. There are a few Families of Indians, mak-
ing in all about 50 or 60 persons, settled on a Tract of
upwards of 3,000 Acres, called Brotherton, in Burling-
ton County, purchased for their Use by the Province,
and entailed on them & their Successors for ever.
These are all the Indians settled in or near this Prov-
ince, and they are a quiet inoffensive People.
10. What is the Revenue arising within your Gov-
ernment & how is it appropriated & applied ?
Answer, There is no regular established Revenue in
this Province of any kind. There is no Provincial
Duty or Excise laid on any Commodity whatever, at
east none which produces a Farthing to the public
Treasury. An Act was passed at the last Session for
Striking 100,000«£ in Paper Bills, to be emitted on
Loan at 5 f^ 1 ' Cent. This Act, if confirmed by the
Crown, will produce a Revenue of about 5,000£ a
Year, which is (according to a Clause in the Act) to
be afterwards appropriated by particular Acts of As-
sembly for the Support and other Exigencies of Gov-
ernment, as the Money shall from time to time be
wanted, and as the several Branches of the Legisla-
ture can from time to time agree; for there are no
permanent established Salaries paid by the Colony. —
The annual Allowances made to the Officers of Gov-
448 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
ernment are raised by annual Taxes on the real & per-
sonal Estates of the Inhabitants, as are all the contin-
gent Charges of Government. — There is, besides, an
annual Tax of 15,000£ a Year, to continue until the
Year 1782, in order to discharge the Debt incurred by
this Province during the last War. The Quota which
each County is to pay of this Tax, as Settled in the
Year 1769, is as follows, viz^
Bergen £996: 12:
Essex 1114: 7:0
Middlesex 1308: 10:
Monmouth 1603: 14:
Somerset 1356: 3:0
Morris 1085: 2:0
Sussex 889: 18:
Hunterdon 2045: 15:
BurUngton 1607: 10:
Gloucester 1144: 14:
Salem 1019: 8:0
Cumberland 578 : 0:0
Cape May 250: 7:
£15,000: 0:
20. What are the' ordinary and extraordinary Ex-
pences of your Government ?
Answer, The ordinary Expences of Government are
the Salaries of Officers— the Wages of the Members of
the Council & Assembly — Printing Laws and Minutes
of Assembly, and the like, which do not altogether
communibus annis, amount to above 15,00£ or 16,00JE
Sterling. — The Wages of the Members of Council &
Assembly are 6s. Currency or 3s. 9d. Sterling each for
every Day they attend, or are on their Journey to &
from the Meetings of the General Assembly. The
Clerk of the Assembly has LOs. Currency or about 6s.
3d. Sterling f^ r Diem during the Session, besides an
Allowance for Pens, Ink & Paper, and for copying
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 449
the Laws and Minutes. The two Sergeants at Arms
(one to each House) are allowed 3s. Currency $ r Diem
during the Session, equal to about Is. 10 rt Sterling.
The Doorkeeper to the Assembly is allowed 3s. 6d.
Currency, or 2s. Sterl? a Day. The Clerk of the As-
sembly, Sergeant at Arms, and the Doorkeepers are
appointed by the Governor, generally on the Recom-
mendation of their respective Houses they belong to.
— Besides the foregoing there is allowed to the Gover-
nor 60£ Currency, or £37.10.0 Sterling for House
Rent, and to the Chief Justice, or other Justice of the
Supreme Court, 10£ Currency, or £6:5:0 Sterl? for
holding each Circuit Court of Oyer & Terminer when
there shall be a real Occasion for holding the same. —
Sometimes there is likewise an Account for contingent
Expences incurred by the Agent in solliciting the Af-
fairs of the Province at the public Offices in England,
which Seldom amounts to 30£ Sterling ffi Annum.
The following is an Account of the Salaries granted
to the Officers of Government by the last annual Sup-
port Act, in Currency and Sterling, with a List of the
Names of the Officers, in which is likewise mentioned
the Authority by which they are respectively ap-
pointed, and the Tenure of their Commissions, viz —
29
450
ADMINISTRATION OF GOVERNOR FRANKLIN.
[1774
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1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 451
Besides the above Officers there is a Chief Justice
appointed by Mandamus from the Crown, & commis-
sioned by the Governor, and three Collectors of His
Majesty's Customs appointed by the Lords of the
Treasury, all of whom receive no Salary from the Col-
ony. — The Chief Justice is paid out of the King's
Revenue in New York £400.0:0 What the Salaries of
the Collectors are I know not. —
N. B. The above Salaries are reckoned in Sterling-
Money at 60 $ r Cent, but as Exchange is now, and
has been for some Time, at 69 or TO $ r Cent, conse-
quently the Salaries are 9 or 10 $ r Cent worse than
they are here estimated at, i. e. it will require 169 or
170£ Currency to purchase a Bill for 100£ Sterling in-
stead of 160£ the Medium of Exchange.
The extraordinary Expences of Government are
chiefly for the Repair of the Barracks, and for the
Supply of the King's Troops which happen occasion-
ally to be Stationed in this Colony.— These extra Ex-
pences seldom exceed Six or Seven hundred Pounds
Sterling a Year. — There is no military Establishment
Supported by the Colony.
W? Franklin
Burlington March 28, 1774
An Account of the Dwelling Houses and Inhabitants of Pat
riages, Births and Burials in the said Province for one Yea,
Sussex
Hunterdon
Burlington
Gloucester
Waterford Town want-
Salem
Cumberland
Cape May
Bergen (wanting)
Morris
Essex
Somerset
Middlesex
Monmouth
White Persons of all Denominations in the
Province.
1693 3015 2505 414 10
! Wanting
f No Returns
"2 «
t I
§ £_
12 4103
31 7141
14 51)41
8044
14510
12393
stas
Marriages Births and Burials of
White Persons within the
said Year
40,140
02211
07 103
50 152
I
Burials
Males Females
172
75 155
14 30
)f the Province of New Jersey, and of the Mar-
Tom the 1 st of July 1771. to the I s ? of July 1772
'aniilies moved
jut of the Prov-
Families moved
into the Prov-
Births and Burials of
Negroes within the
ince within
ince within
said Year.
the said
Year
Year
Burials
Males
Females
Births .
■ -^
r 1 ,
Mai's F'mal's"
Consisting of
Consisting of
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251 248
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320
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56 82
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310
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109
60 69
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208
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13
454 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
An Account of the Exports from the Port of Perth
Amboy between the 5 th of January 1770 and the 5 th of
January 1772
3898.
Barrels Flour
1000.
Ropes Onions
1352.
Barrels Bread
198.
Bush 1 ? Rye
203.
W* ditto
9.
Firkins Butter
8906.
Bush! Ind! 1 Corn
1.
Barrel & 20 Bush! Nuts
115.420. Staves & Heading 1000. Hoops
23O0.
Boards
3o.
Empty Hhd s
1000c
». Shingles
1.
Parcel of Earthen Ware
7£.
Tons Iron
1.
Barrel Bitters
33.
Tons Madeira Wine
& 53 Gall s
5o.
Bush 1 Buckwheat
18.
Barrels Beer
25.
Bush 1 Turnip
201.
Pair Shoes
10.
Barrels Bees Wax
600.
Gall s West India Rum 1C
». Tons Sasafras Roots
50.
Bush! Potatoes
4.
Boxes Candles
200.
Bush! Salt
so.
Barrels & 60 Quintals
Cod Fish
32.
Sides of Leather
21.
Casks & 55 Bar 1 - 9 Apples
350.
Bush 1 ? Bran
«),
, Hogsheads Melasses
1.
Firkin of Starch
('•Oil,
Gall 8 N. E. Rum
2.
Tons of Cyder
1.
Ton Log & Red Wood
17.
Barrels of Beef & Pork 8
. Boxes Chocolate
1774J ADMINISTRATION OF GOVERNOR FRANKLIN. 455
Representation from the Lords of Trade to the King,
recommending Francis Hopkinson to be appointed
of the Council in place of Charles Read, who had
left the Province.
[From P. R. O., B. T., New Jersey, Vol. 17, p. 262. |
Whitehall April 21? 1774
To the King's most Excellent Majesty.
May it please Your Majesty,
Charles Read Esquire, one of Your Majesty's Coun-
cil in the Province of New Jersey having departed
from the said Province, with an intention to settle in
the Island of S* Croix in the West Indies, and Francis
Hopkinson having been recommended to us as a per-
son well qualified to serve Your Majesty in that sta-
tion; We beg leave humbly to propose to Your Majesty
that the said Francis Hopkinson Esquire may be ap-
pointed of Your Majesty's Council in the said Pro-
vince, in the room of the said Charles Read Esquire.
Which is most humbly submitted.
Dartmouth. Bamber Gascoyne.
Soame Jenyns. W? Jolliffe. '
Whits. Keene.
1 Whitshed Keene was appointed one of His Majestys Commissioners for trade
and plantations, Jan. 25, 1774. Messrs, Jenyns, Gascoyne and Jolliffe were reap-
pointed at the same time.— Dodstei/s Annual Register for 1771, 183.
456 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
latter from the Earl of Dartmouth to Gov. Franklin,
relative to the removal of the Treasurer of East
Jersey, etc.
IFrom P. R. O. America and West Indies, Vol. 195.]
Whitehall 4 th May 1774
Governor Franklin.
Sir,
I have received your Letter of the 28*? of Febry, and
have laid it before the King.
It is a great Satisfaction to me to find that an end
has been put to the Dispute respecting the removal of
the Treasurer of the Eastern Division, and that Har-
mony is likely to be restored between you and your
Assembly; but I cannot but lament at the same time,
that the House should have been so void of Candour
in their Proceedings, as to have male that Dispute a
Pretence for refusing to grant the Supplies for the
King's Troops.
In consequence of your Recommendation of M r Hop-
kinson the Board of Trade have proposed his being
appointed of the Council in the Room of M r Reed.
Inclosed I send you by the King's Command His
Majesty's Order in Council on the L3 tb of April, ap-
proving an Act passed in New Jersey in September
177i', which you will not fail to make public in the
manner usual upon such Occasions. 1
I am &c :i
Dartmouth.
See p. 387, ante
1774J ADMINISTRATION OF GOVERNOR FRANKLIN. 457
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the Boston Port Act; a Congress of
Members of the several Houses of Assembly; the
removal of the seat of government from Burling-
ton to Perth Amboy, etc.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington May 31 8t 1774
The Right Hon ble the Earl of Dartmouth
My Lord,
Since my last I have received two Circular Dis-
patches from M'' Pownall, dated March 10 and April
6, inclosing Copies of His Majesty's Message to both
Houses of Parliament relative to the late Disturbances
in America, their Resolutions thereupon, and the Act
of Parliament respecting the Port of Boston. The lat-
ter has been published in the usual Manner, tho' the
People of this Colony are not concerned in carrying
on any Commerce with the Province of Massachusetts
Bay.
It is difficult as yet to foresee what will be the Con-
sequences of the Boston Port Act. It seems as if the
Merchants of Philadelphia and New York at their late
Meetings were inclined to assist or co-operate with
those of Boston in some Degree, but not to carry Mat-
ters so far as to enter into a general Non-Importation
and Exportation Agreement, as was proposed to them
by the Town of Boston. — However, I believe it may
be depended upon that many of the Merchants, on a
Supposition that a Non-Importation Agreement (so far
as it respects Goods from Great Britain) will be cer-
tainly entered into by next x\utunm, have ordered a
458 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
much greater Quantity of Goods than common to be
sent out by the next Fall Ships from England.
— A Congress of Members of the several Houses of
Assembly has been proposed, in order to agree upon
some Measures on the present Occasion, but whether
this Expedient will take place is as yet uncertain.
The Virginia Assembly some Time ago appointed a
Committee of Correspondence to correspond with all
the other Assemblies on the Continent, which Exam -
pie has been followed by every other House of Repre-
sentatives. I was in hopes that the Assembly of this
Province would not have gone into the Measure, and
I took some Pains with several of the principal Mem-
bers for that purpose, which I had Reason to think
would have been attended with Success: For tho'
they met on the 10 th of November, yet they avoided
taking the Matter into Consideration (tho' frequently
urged by some of the Members) until the 8*. h of Febru-
ary, and then I believe they would not have gone into
it, but that the Assembly of New York had just be-
fore resolved to appoint such a Committee, and they
did not choose to appear singular. 1 The Measure is,
however, as I told them, very absurd, if not unconsti-
tutional, and cannot even answer their Purpose, for
as the Sittings of the Assemblies, and their Contin-
uance, in many of the Provinces, depend on the Pleas-
ure of the respective Governors, it is not to be doubted
but that the Governors will prorogue or dissolve them,
whenever they see they are attempting anything im-
proper; and, whenever an Assembly is dissolved, the
power of its Committee is of course annihilated.
His Majesty may be assured that I shall omit noth-
ing in my Power to keep this Province quiet, and
1 The House voted, February 8, 1774, nem. con., to appoint a Standing Committee
of Correspondence and Inquiry: James Kinsey, Stephen Crane, Hendriek Fisher,
Samuel Tucker, John Wetherill, Robert Friend Price, John TTinchman, John
Mehelm and Edward Taylor.— Minutes Provincial Congress, etc,, of 1775, 1.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 459
that, let the Event be what it may, no Attachments
or Connexions shall ever make me swerve from the
Duty of my Station.— As the Times are likely to be-
come more and more difficult, and will consequently
require more frequent Meetings of the Council, I have
(tho' it will occasion me a considerable additional Ex-
pence) resolved on removing to Amboy, where I can
with greater Ease assemble them than at Burlington
my present Eesidence. It is, indeed, in every respect,
a Place better adapted for the Seat of Government
than any other in the Province.
I send herewith the Minutes of the last Session" of
Assembly, and was in hopes to have likewise Sent by
this Opportunity, a Copy of the Minutes & Journals
of the Council, and of the Laws which passed, but the
Secretary has just informed me that he has not been
able to get them quite compleated, they being so very
bulky. .
They will, however, certainly be sent by the next
Packet.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
and most humble Servant
W™ Franklin
Letter from the Committee of the people of Essex
County to the inhabitants of Monmouth County,
commenting on the events at Boston and recom-
mending a general meeting at New Brunswick.
[From New Jersey Historical Society Manuscripts.]
Elizabeth Town, June 13th, 1774.
To Messrs. Edward Taylor, Kichard Lawrence,
Elisha Lawrence, John Taylor and Henry
Waddle, and* others, Inhabitants of the
460 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
County of Monmouth, Friends to the Lib-
erties and Privileges of the American Col-
onies.
Gentlenem,
The alarming Measures which have been lately
taken to deprive the Inhabitants of the American Col-
onies of their constitutional Rights and Privileges, to-
gether with the late violent Attacks made upon the
Rights and Liberties of the Inhabitants of the Colony
of the Massachusetts Bay (for asserting and endeav-
ouring to maintain their Rights) manifestly intended
to crush them without Mercy and thereby disunite
and weaken the Colonies, and at the same time dare
them to assert or own their Constitutional Rights,
Liberties or Properties, under the Penalty of the like,
and if possible, worse Treatment; and as the Assem-
bly of New Jersey are not like to meet in Time, to
answer the Design proposed, and the neighboring Col-
onies are devising and expecting the immediate Union
of this Colony with them — Sundry of the Inhabitants
of the County of Essex by Advertisements convened
a general Meeting of said County at Newark, on Sat-
urday last, when the said Inhabitants unanimously
entered into certain Resolves and Declarations upon
that Occasion, a Copy of which You have inclosed. 1
We, the Committee appointed by the said Meeting, do
earnestly request that You will immediately by Ad-
vertisement or otherwise, call a general Meeting of
your County for the Purposes aforesaid as soon as
possible, as we have Intelligence that it is most prob-
able the general Congress of the Colonies will be held
the latter End of July next. We think New Bruns-
wick the most Suitable Place for the Committees to
1 The call for the meeting, and the resolutions adopted, are published in Ameri-
can Archives, Fourth Series, I., 403, and in Minutes of the Provincial Congress, etc.,
of 1775, 6-8.
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 461
meet, and with Submission to them desire they will
meet us at New Brunswick on Thursday the Twenty-
first Day of July next, at Ten o'clock in the Morning,
unless Some other Time and Place more Suitable shall
in the mean Time be agreed upon.
We earnestly request your answer as Soon as possi-
sible.
Letters of this Tenor and Date we now dispatch to
the other Counties of this Colony.
We are, Gentlemen,
Your most ob't Serv'ts
by order, Stephen Crane, Ch'n.
Letter from Gov. Franklin to the Earl of Dartmouth,
transmitting a number of Acts of the Neiv Jersey
Assembly.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Burlington June 13 th 1774
Right Hon ble the Earl of Dartmouth.
My Lord,
I have the Honour to transmit to your Lordship by
this Opportunity thirty -three Acts which passed at the
last Session of General Assembly, together with a
printed Copy of the same, also Copies of the Journals
of the Council during that Session; and the Minutes
of Privy Council from the 22 a of February 1773 to the
31 8 * of March 1774.
Two of the Acts have Clauses suspending their Ex-
ecution until His Majesty's Pleasure shall be known,
which the Agent will be directed to sollicit the Confir-
mation of. The first of them is an Act for Striking-
One hundred Thousand Pounds in Paper Bills of
4G2 ADMINISTRATION OF C40VERN0R FRANKLIN. [1774
Credit and emitting the same upon Loan. This Act
will, if confirmed by His Majesty, be an useful Act,
as such a Medium of Commerce begins to be wanted,
on Account of great Quantities of Paper Money, which
had been struck & circulated during and since the late
War, being now called in, and sunk agreeably to the
Acts of Assembly for that Purpose. It will besides
enable the People to part with their Gold and Silver
for Remittances to England, and the Assembly to
make a more adequate Allowance to the Officers of
Government out of the Interest, which will amount
to Five Thousand Pounds a Year. Both the Council
and I tried to get the Assembly to appropriate in the
Bill a certain Part of the Interest towards paying the
Salaries of Officers during the Continuance of the Act,
and for building Houses for the Residence of the Gov-
ernor and the Meetings of the Legislature, of which
there is a shameful Want in this Province; but they
would not consent to any other Appropriation than
what is contained in the Bill, i, e, making the Interest
Money Subject to the Disposition of future Acts of the
whole Legislature. Some of them however in their
private Capacities, declared that in case the Bill should
be confirmed, they would be very willing to augment
the Salaries, and to provide for the building of such
Houses, out of that Fund. Most of the Gentlemen of
the Council are notwithstanding of Opinion that if
this Act was disallowed on Account of its not contain
ing such special Appropriations, and some Intimations
given that it would have been confirmed had it been dif-
ferent in that respect, the Assembly, rather [than] not
obtain so beneficial a Law, would consent to pass a Bill
conformable to the proposed Alterations. But it did
not appear altogether proper for me to refuse the Bill
on this Account, as it was tendered with a Suspending
Clause, and as the two adjoining Provinces, New
York & Pennsylvania, have each of them lately ob-
tained Acts of a similar Nature.
i.774] ADMINISTRATION OF GOVERNOR FRANKLIN. 463
The other Act which has a Suspending Clause, is an
Act for the Relief of Abner Hetfield an Insolvent
Debtor, the Reasons for Passing of which are truely
set forth in the Preamble, and are such as it is hoped
will induce His Majesty to confirm it.
There are only two other Acts which need any par-
ticular Notice. One of them is to oblige the Treasur-
ers of the Colony to give Security for the due Execu-
tion of their Offices, and the other is to authorize the
present Treasurer of the Eastern Division to bring an
Action against the late Treasurer of the said Division
for the sum he alledges to have been stolen from the
Treasury. The first of these was necessary, as there
was no Law before for the Purpose; but the second
seemed to me to be entirely needless, as I look'd upon
the Attorney General to be fully authorized by his Of-
fice to file an Information for the Recovery of the
Money, and that that was the proper and legal Method
to be taken in this Case. However, as the Attorney
General happened to be the Brother of the late Treas-
urer, and as a Majority of the Council as well as of
the Assembly were of Opinion that there were some
peculiar Circumstances in the Case, which made such
a Law proper, and there being several Precedents of
Laws of the like Nature being passed on similar Occa-
sions, in this and the neighbouring Colonies, I gave it
my Assent on being assured by the late Treasurer that
neither he nor his Council learned in the Law had any
Objection to it. The Particulars of what passed in
the Privy Council respecting these two Laws may be
seen in the Minutes of the 9 th & 10 th of March last, to
which I beg leave to refer your Lordship.
I have the Honor to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W" Franklin
464 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Letter from Governor Franklin to the Earl of Dart-
mouth, transmitting certain resolutions adopted
at a meeting of the freeholders and inhabitants of
Essex County, aiming to bring about a Congress
of deputies from all the Colonies.
[From P. R. O. America and West Indies, Vol. 177 (195). J
Rt. Hon ble the Earl of Dartmouth
My Lord
I have just received a Copy of some Resolves entered
into at a Meeting of a Number of Freeholders and In-
habitants of the County of Essex, in this Province, on
Saturday last, which I think it my Duty to transmit
to your Lordship. The Meeting was occasioned, it
seems, by an Advertisement requesting the Attend-
ance of the Inhabitants on that Day, and published in
one of the New York papers, and signed by two Gen-
tlemen of the Law who reside in that County. I have
likewise had an Application made to me, by some of
the Members of the House of Representatives, to call
a Meeting of the General Assembly in August next,
with which I have not nor shall not comply, as there
is no public Business of the Province which can make
such a Meeting necessary. It seems now determined
by several of the leading Men in most if not all of the
Counties in this province to endeavour to follow the
Example of the Freeholders in Essex. Meetings of
this Nature there are no Means of preventing, where
the chief Part of the Inhabitants incline to attend
them. I as yet doubt, however, whether they will
agree to the general N on- Importation from Great Brit-
ain which has been recommended. Their principal
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 4fi5
Aim seems to be to bring about a Congress of Depu-
ties from all the Colonies, as proposed by Virginia,
and that that Congress should not only apply to His
Majesty for* the Repeal of the Boston Port Act, but
endeavour to fall upon Measures for accommodating
the present Differences between the two Countries, and
preventing the like in future. It is indeed thought by
many of the Friends of Government here, that a Con-
gress if properly authorized by His Majesty, and con-
sisting of the several Governors, & some Members of
the Council and Assembly in each Province, would be
productive of the most beneficial Consequences to the
British Empire in general, more especially if they were
assisted by some Gentlemen of Abilities, Moderation
and Candour from Great Britain commissioned by His
Majesty for that Purpose. There has been, indeed, an
Instance of Commissioners being sent over to settle
Matters of far less Importance to the British Interest,
than those now agitated, which are, perhaps, worthy
of more Attention and Consideration than any Thing
that has ever before concerned Great Britain. At
present there is no foreseeing the Consequences which
may result from such a Congress as is now intended
in America, chosen by the Assemblies, or by Commit-
tees from all the several Counties, in each of the
Provinces.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
and most humble Servant
W" Franklin
Copy of the Resolves of the Freeholders of the
County of Essex in New Jersey June IP 1 . 1
1774
At a meeting of the Freeholders & Inhabitants
30
466 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
of the County of Essex, in the Province of
New Jersey, at Newark in the said County,
on Saturday the 11 th June 1774
This meeting taking into Serious consideration some
late alarming measures adopted by the British Parlia-
ment, for depriving his Majesty's American Subjects
of their undoubted and constitutional rights and privi-
leges, & particularly, the act for blockading the Port
of Boston, which appears to them, pregnant with the
most dangerous consequences to all his Majesty's
dominions in America: do unanimously resolve and
agree,
I„ That under the enjoyment of our constitutional
privileges and immunities, we will ever cheerfully
render all due obedience to the crown of Great Britain,
as well as full faith and allegiance to his most gracious
Majesty, King George the third: and do esteem a firm
dependance on the mother country, essential to our
political security and happiness.
II. That the late act of Parliament relative to Bos-
ton, which so absolutely destroys every idea of safety
and confidence, appears to us, big with the most dan-
gerous and alarming consequences; especially, as sub-
versive of that very dependance, which we would ear-
nestly wish to continue, as our best Safe-guard and
protection: and that we conceive, every well-wisher to
Great Britain and her Colonies, is now loudly called
upon to exert his utmost abilities, in promoting every
loyal and prudential measure, towards obtaining a re-
peal of the said Act of parliament and all others sub-
versive of the undoubted rights and Liberties of his
Majesty's American Subjects.
III. That it is our unanimous opinion, that it would
conduce to the restoration of the liberties of America,
should the Colonies enter into a joint agreement not
to purchase or use any articles of British Manufactory;
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 467
and especially any commodities imported from the
East-Indies, under such restrictions as may be agreed
upon by a General congress of the said Colonies here-
after to be appointed.
IV. That this county will most readily & Cheerfully
join their Brethren of the other counties in this Prov-
ince, in promoting such congress of Deputies, to be
sent from each of the Colonies, in order to form a
General plan of union, so that the measures [to] be pur-
sued for the important ends in View, may be uniform
and firm : to which plan when concluded upon, we do
agree faithfully to adhere. And do now declare our-
selves ready to send a Committee to meet with those
from the other Counties, at such time & place, as by
them may be agreed upon, in order to elect proper
persons to represent this Province in the said general
congress.
V. That the freeholders and Inhabitants of the other
Counties in this Province, be requested speedily to con-
vene themselves together, to consider the present dis
stressing state of our Public affairs: & to correspond,
and consult with such other Committees, as may be
appointed as well as with our committee, who are
hereby directed to correspond and consult with such
other committees, as also with those of any other Prov-
ince: and particularly, to meet with the said county
Committees, in Order to nominate and appoint depu-
ties to represent this Province in General congress.
VI. We do hereby unanimously request the follow-
ing Gentlemen to accept of that trust: and accordingly
do appoint them our Committee for the purposes afore-
said, Viz. Stephen Crane, Henry Garritse, Joseph
Riggs, William Livingston, William P. Smith, John
DeHart, John Chetwood, Isaac Ogden, and Elias
Boudinot Esq rs
468 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Letter from the Earl of Dartmouth to Gov. Franklin,
relative to the Committee of Correspondence, and
the removal of the seat of government from Burl-
ington to Perth Amboy.
[From P. R. O. America & West Indies, Vol. 177 (195).]
Whitehall 6 July 1774
Governor Franklyn
Sir .
Since my last Letter to you I have received yours of
the 2. & 31. May numbers. 11. & 12. and have laid
them before the King.
The measure of appointing Committees of Corres-
pondence was too generally adopted to encourage a
hope that the Assembly of New Jersey would not con-
cur in it; You did well however to use your endeav-
ours to dissuade them from it and to point out to them
its inutility & general impropriety, And T should do
injustice to my own Sentiments of your Character and
Conduct in supposing you could be induced by any
consideration whatever to swerve from the Duty you
owe the King.
The little encouragement that has been given in
most of the Colonies to the requisition made by the
Assembly of the Massachusetts Bay wears a favorable
aspect, but we cannot be too much upon our Guard,
and the reasons you have assigned for fixing your res-
idence at Amboy are approved by the King.
I am &c?
Dartmouth.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 469
Convention [to Nominate Delegates to the Continental
Congress, etc.
[From Minutes of Provincial Congress and Council of Safety, p. 25.]
At a general meeting of the Committees of the sev-
eral Counties in the Province of New Jersey, at New
Brunswick, on Thursday, the 21st July, and continued
to the Saturday following. Present, seventy-two
Members.
Stephen Crane, Esquire, in the Chair.
The Committees taking into their serious considera-
tion the dangerous and destructive nature of sundry
Acts of the British Parliament, with respect to the
fundamental liberties of the American Colonies, con-
ceive it their indispensable duty to bear their open tes-
timony against them, and to concur with the other
Colonies in prosecuting all legal and necessary meas-
ures, for obtaining their speedy repeal. Therefore,
we unanimously agree in the following sentiments
and Resolutions:
1st. We think it necessary to declare, that the in-
habitants of this Province, (and we are confident the
people of America in general) are, and ever have been,
firm and unshaken in their loyalty to his Majesty King
George the Third; fast friends to the Revolution Set-
tlement; and that they detest all thoughts of an inde-
pendence on the Crown of Great Britain; Acccordingly
we do, in the most sincere and solemn manner, recog-
nize and acknowledge his Majesty King George the
Third to be our lawful and rightful Sovereign, to whom
under his royal protection in our fundemental rights
and privileges, we owe, and will render all due faith
and allegiance.
2d. We think ourselves warranted from the princi-
WO ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
pies of our excellent Constitution, to affirm that the
claim of the British Parliament, (in which we neither
are, nor can be represented) to make laws, which shall
be binding on the King's American subjects, "in all
cases whatsoever, " and particularly for imposing taxes
for the purpose of raising a revenue in America is un-
constitutional and oppressive, and which we think
ourselves bound in duty to ourselves and our poster-
ity, by all constitutional means in our power, to op-
pose.
3d. We think the several late Acts of Parliament
for shutting up the port of Boston, invading the Char-
ter rights of the Province of the Massachusetts Bay,
and subjecting supposed offenders to be sent for trial
to other Colonies, or to Great Britain; the sending
over an armed force to carry the same into effect, and
thereby reducing many thousands of innocent and
loyal inhabitants to poverty and distress; are not only
subversive of the undoubted rights of his Majesty's
American subjects, but also repugnant to the common
principles of humanity and justice. These proceed-
ings, so violent in themselves, and so truly alarming
to the other Colonies, (many of which are equally ex-
posed to Ministerial vengeance,) render it the indis-
pensable duty of all, heartily to unite in the most
proper measures, to procure redress for their oppressed
countrymen, now suffering in the common cause; and
for the re-establishment of the constitutional rights of
America on a solid and permanent foundation.
4th. To effect this important purpose, we conceive
the most eligible method is, to appoiut a General Con-
gress of Commissioners of the respective Colonics;
who shall be empowered mutually to pledge, each to
the rest, the publick honour and faith of their constit-
uent Colonies, firmly and inviolably to adhere to the
determinations of the said Congress.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 471.
5th. Resolved, That we do earnestly recommend a
general non- importation and a non-comsumption agree-
ment to be entered into at such time, and regulated in
such manner, as to the Congress shall appear most
advisable.
6th. Resolved. That it appears to us, to be a duty
incumbent on the good people of this Province, to af-
ford some immediate relief to the many suffering in-
habitants of the town of Boston.
Therefore, the several County Committees do now
engage to set on foot, and promote collections, with-
out delay, either by subscriptions or otherwise, through-
out their respective counties; and that they will remit
the moneys arising from the said subscriptions, or any
other benefactions, that may be voluntarily made by
the inhabitants, either to Boston, or into the hands of
James Neilson, John Dennis, William Ouke, Abraham
Hunt, Samuel Tucker, Dr. Isaac Smith, Grant Gibbon,
Thomas Sinnicks, and John Carey, whom we do hereby
appoint a Committee for forwarding the same to Bos-
ton, in such way and manner as they shall be advised
will best answer the benevolent purpose designed,
7th. Resolved. That the grateful acknowledgements
of this body are due to the noble and worthy patrons
of constitutional liberty, in the British Senate, for
their laudable efforts to avert the storm they behold
impending over a much injured Colony, and in support
of the just rights of the King's subjects in America.
8th. Resolved. That James Kinsey, William Living-
ston, John Dehart, Stephen Crane, and Eichard
Smith, Esquires, or such of them as shall attend, be
the Delegates to represent this Province in the General
Continental Congress, to be held at the City of Phila-
delphia, on or about the first of September next, to
meet, consult, and advise with the Deputies from the
other Colonies; and to determine upon all such pru-
dent and lawful measures as may be judged most ex-
472 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
pedient for the Colonies immediately and unitedly to
adopt, in order to obtain relief for an oppressed people,
and the redress of our general grievances.
Signed by order.
Jonathan D. Sergeant
Clerk.
Letter from the Standing Committee of Correspond-
ence and Enquiry, of the New Jersey Assembly,
to Benjamin Franklin, inquiring as to the pro-
ceedings of the Parliament of Great Britain.
[From Works of Benjamin Franklin, edited by Sparks, Vm., 126.]
Burlington, 26 Julv, 1774
Sir,
At the last session of Assembly we were appointed
a committee, to obtain amongst other things the most
early and authentic intelligence of all acts and resolu-
tions of the Parliament of Great Britain, or the pro-
ceedings of administration, that may have relation to,
or any ways affect, the liberties and privileges of
America.
We know of no person so proper to make application
to, on this occasion, as to you, our Agent: and we
should be glad if you would favor us with any, that
should come to your knowledge, or that you would
point out any more proper mode to enable us more
effectually to answer the purpose for which we are
appointed.
We are sensible of the difficulties, which an atten-
tion to your trust has already laid you under; and it
will give us great pleasure to find you rise superior to
all the late attempts to do you prejudice. Perhaps the
requesl we make may be attended with an impropriety,
which escaped our attention. If it does, be pleased to
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 473
favor us with your sentiments; they will be received
with great respect on this, or any other occasion ; for,
with great truth we can assure you, that we should be
glad of all opportunities to show the high esteem we
entertain of your integrity, as well as of your abilities.
We are your most humble servants and friends,
Samuel Tucker
John Mehelm,
Robert F. Price,
Henry Paxson. 1
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the first Congress in Philadelphia, and
containing u secret intelligence.'"
[From P. R. O. America and West Indies, Vol. 1^7(195).]
Burlington Sept r 6 1 . 1 ' 1774
The Right Honourable the Earl of Dartmouth
My Lord,
I duely received your Lordship's Dispatches N? 9,
10, and 11, with the several Papers referred to therein.
Since my last nothing of a public Nature worth
communicating has occurred in this Province, except
that there has been a general Meeting of the Commit-
tees of the Several Counties at New Brunswick, when
they came to Resolutions Similar to those of the other
Colonies, a Copy of which is contained in the enclosed
printed Paper.
The Delegates from the Several Provinces met Yes-
terday for the first Time in Philadelphia. — As I think
1 Messrs. Tucker and Mehelm were from Hunterdon county; Price was from
Gloucester, and Paxson was from Burlington.
474 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
it my Duty to inform His Majesty of every Matter
which may come to my Knowledge that may even-
tually affect his Interest or the public Welfare, and as
the Proceedings of the present American Congress are
indisputably of that Nature, I have sent your Lord-
ship, enclosed, Extracts of two Letters from a Gentle-
man who is one of the Delegates, which not only con-
tains an Account of their first Day's Transactions, but
will serve to give an Idea of the Dispositions of some
of the principal Members of that Body, and what may
be expected from them.— The Gentleman who wrote
these Letters is a very prudent and moderate Man, ex-
tremely averse to the violent and rash measures pro-
posed by the Virginians and Bostonians, and was in
hopes to have formed a Party among the Delegates
sufficient to have prevented a Non-importation agree-
ment for the present; but he seems now to despair of
Success, as a Majority of the Southern and Northern
Delegates are so much for that Measure, that those of
New-York, New-Jersey and Pennsylvania who are of
different Sentiments, begin to think it will answer no
good End to make any Opposition. — It was likewise
his Purpose to propose a Plan for & political Union
between the two Countries; and, in order to prepare
the Minds of the People for it, and to put them, as he
says, in a proper Train of Thinking on the Subject,
he has wrote the enclosed Pamphlet intitled Argu-
ments on Both Sides, &c. But whether, now he finds
the Sentiments of a great Majority of the Delegates so
very different from his own, he will venture to pub-
lish his Pamphlet, tho' the whole is printed off, is un-
certain. The principal Part of his Plan is, as I am
told, the making an Application for Leave to send
Representatives from each Colony in America to the
Parliament in Great Britain; a Measure which, not-
withstanding the many Difficulties and Objections
made thereto, on both Sides the Water, he thinks will
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 475
be the only effectual Remedy for the present Evils,
and prove a lasting and beneficial Cement to all the
Parts of the British Empire.
These Communications are made to me by a Gentle-
man of Character, in Confidence that they will be
kept entirely Secret; and your Lordship must be fully
convinced of the Impropriety of their being made
known to any but His Majesty and his most confiden-
tial Servants; for should they be once publicly known
in England they will be certainly known here, and of
course a Stop will be put to my obtaining any farther
Intelligence from that Quarter.
I have the Honour to be, with the greatest Eespect
and Regard.
My Lord, Your Lordship's most obedient
& most humble Servant,
W? 1 Franklin
[Secret and Confidential]
Extract of a Letter from one of the Delegates
for the Congress at Philadelphia — Dated
Saturday Sept r 3 d 1774
— "lam just returned from Philadelphia, where I
have been to wait on, and endeavour to find out the
Temper of the Delegates. Near two Thirds of them
are arrived, and I conclude all will be ready to proceed
on Business on Monday. I have not had any great
Opportunity of sounding them. But so far as I have,
I think they will behave with Temper and Moderation.
The Boston Commissioners are warm, and I believe
wish for a Non-importation Agreement, and hope that
the Colonies will advise and justify them in a Refusal
to pay for the . Tea until their Aggrievances are re •
dressed — They are in their Behaviour and Conversa-
tion very modest, and yet they are not so much so as
476 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
not to throw out Hints, which, like Straws and Feath-
ers, tell us from which Point of the Compass the
Wind comes. I dined with them on Thursday."
"I have had two Opportunities, one with the elder
Rutlidge of Carolina, whose Sentiments and mine dif-
fer in no one Particular so far as I explained myself —
and I was reserved in no Point save that of a Repre-
sentation in Parliament — He is a Gentleman of an
amiable Character — has look'd into the Arguments on
both Sides more fully than any I have met with, and
seems to be aware of all the Consequences which may
attend rash and imprudent Measures — His younger
Brother is rather warm. — My other Opportunity was
with the two New-Hampshire Gentlemen— I found
Col. Folsom very cool & moderate — Major Sullivan
rather more warm, but very candid and has thought
solidly on the Subject— I think neither of them in-
tends to attach himself more to the particular Cause
of Boston than will be for the general Good— They re-
quested Opportunities of exchanging Sentiments with
me often on the Occasion— and all my Observations
seemed to have full Weight with them.— The Mary-
landers are not arrived, and but Three of the Virgin-
ians, Peyton, Bland, and Lee are.arrived."
"I have intimated to several of the Delegates the
Necessity of sending Commissioners over, fully au-
thorized, to the British Court, as a Mode pursued by
the Roman, Grecian & Macedonian Colonies on every
Occasion of the like Nature— That thro' them we may
be enabled, in case our first Plan for accommodating
our unhappy Differences should not be acceptable, to
know the better what to propose next— that having
these Gentlemen at the Scene of Action we shall be no
longer misled by News paper Accounts and private
Letters, but shall proceed on solid Information and
Principles of Safety— That without this, any Petitions
or Plans, not having any Persons to explain and Sup-
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. . 477
port them, will have very little Effect — That in all
Probability the Measures of the present Congress will
be deemed illegal & unconstitutional, and that upon
this Point only the Necessity of Sending Persons
Home to insist upon the Right in the Colonies of being
heard, and to prove that the Illegality of the Congress
arises from the Measures of Power in not suffering
the Assemblies to meet; — and if, after all, those Rea-
sons should not procure due Attention to the Proposi-
tions of the Congress, to pray that the Governors may
have Orders to permit such Meetings, and to give As-
surances that their Conduct will be decent respectful
& dutiful to the Mother State.— That a conduct of this
kind cannot fail to give Strength to our Cause, and, if
not immediately, in the End bring the Government to
attend to Reason and redress our Aggrievances. These
Intimations seemed to have their Weight, and, as far
as I could observe, met with Approbation. — You may
depend on my communicating to you from Time to
Time the Transactions, &c of the Congress. "
Extract of another Letter from the same Gen-
tleman, dated Philadelphia, Monday Sept 1 '
5, 1774.
— " The Congress this Day met at Carpenter's Hall,
notwithstanding the Offer of the Assembly Room a
much more proper Place. They next proceeded to
chuse a Secretary, and, to my Surprize Charles Thom-
son* was unanimously elected— The New Yorkers and
myself and a few others, finding a great Majority, did
not think it prudent to oppose it — Both of these Meas-
ures, it seems, were privately settled by an Interest
made out of Doors.
"I cannot say but from this Day's Appearance &
* One of the most violent Sons of Liberty (so called) in America.
478 . ADMINISTRATION OF GOVERNOR FRANKLIN.- [1774
Proceedings, I have altered very much my last Senti-
ments — The Virginians and Carolinians, Eutlidge ex-
cepted, seem much among the Bostonians, and have
at their Instance adopted the two above Measures. —
The Gentlemen from New York have as little Expec-
tations of much Satisfaction from the Event of Things
as myself. —
" To-morrow we are to determine whether we are
to vote by Colonies, each having a single Vote, or
otherwise."
Copy of a Pamphlet in Governor Franklin's of Sep-
tember 6th, 1774.
[From P. R. O., Ajneriea and West Indies, Vol. 195.]
Arguments on Both Sides in the Dispute be-
1 ween Great-Britain and her Colonies. In
which those in Favor of the Power of Par-
liament to bind the Colonies are stated and
answered, and the Rights of the Colonists
explained and asserted on new and just
Principles. By a Sincere Friend to both
Countries. To which is added Lord N 's
Political Creed with respect to America.
Printed in the Year 1774.
Arguments, &c.
Great Britain insists that the Parliament, as the su-
preme Head and Legislature of all the British Domin-
ions, has a Right to bind the Colonies as Members of
thai Dominion in all Cases whatever— And in Support
thereof alledges—
First, That in every State or Society it is essential
1774] ADMINISTRATION OF GOVERNOR FRANKLIN". 479
that there should be a supreme Authority — a supreme
Power of Decision — to bind, cement and tie together
every Part or Member. That upon this Principle all
Governments are instituted — and that without it, So-
ciety or Government cannot nor ever did exist.
That the Forms of all Governments and Societies
prove this, as none were ever yet formed without a
supreme Power of Decision lodged somewhere over
every Part of the Community.
That the Patriarchs of old held this supreme Au-
thority — That the same in a Monarchy is lodged in the
Monarch — in an Aristocracy in the Nobles — in a De-
mocracy in the People or their Delegates — and in a
mixt Form of Government it is vested in the King,
Lords and Commons — as in Britain.
Secondly, That the Territory now divided and
formed into Colonies was obtained by the British
State either by Conquest or by the Discovery of its
Subjects; and consequently became a Part of the
Realm, and subject to its supreme Legislature.
That the Crown, or the first Branch or Member of
.the British state, considered this Territory as a Part
of the Realm, and therefore several if not all of the
Charters, giving Liberty to the Subjects of that State
to leave the antient and to settle in the new acquired
Territory, expressly declared that they should be con-
sidered as Members of the same State notwithstanding
their Change of Territory — and Subject in their Alle-
giance and Obedience to its supreme Legislature.
That upon this express Condition the Grantees of
the Letters Patent, under the Seal of the State, ac-
cepted of the Leave to migrate and of the Territory —
And that whatever Briton or Foreigner has, since the
Date of such Charters, come into the Territory so
granted upon Condition, and has become an Occupant
thereof, did implicitly agree and consent to the same
Terms, viz. to yield Obedience to the supreme Author-
ity of the State.
480 ADMINISTRATION OP GOVERNOR FRANKLIN. [1774
That had the Crown granted such Charters even
with an express Exemption from the supreme Author-
ity such Grants would have been void.
1. Because the Territory granted was not the pri-
vate Property of the Grantor or King executive, but
of the Crown, or King, Lords and Commons, as the
Representatives and Trustees for the Nation, in whom
alone the supreme Power of the whole State is vested.
2. Because, altho' the Crown is vested by its antient
Prerogative with a Power to incorporate any Number
of People residing within a particular Circle of Terri-
tory, and to vest them with a Power to make By
Laws, Rales and Ordinances for the better Govern-
ment of that Territory, yet that Power does not ex-
tend to a Right to emancipate the People or Grantees
from their Obedience to the supreme Jurisdiction —
and therefore such Exemption would have been an
Excess of Authority, and what he had no Right to do
— and, of course, void.
3. Because such a Power would enable the King to
divide the British Realm into as many petty States as
he pleased, and discharge the whole People of Great
Britain from their Obedience to the Government, and
thereby dissolve the Constitution.
4. Because no Power or Authority can discharge a
Subject from his Obedience to the supreme Authority,
unless it be the same Power who formed that Author-
ity, or by an universal Agreement.
Thirdly, That under these Terms of Obedience to
the Legislature of Great-Britain, and this Idea of its
Authority over them, the Inhabitants of the Colonies
must be supposed to have settled — And in Consequence
thereof the British Legislature has upon many Occa-
sions, at a Variety of Times, held forth and exercised
Authority over them, and they have as uniformly
yielded a due Obedience to all the British Laws respect-
ing the Colonies; as well those imposing Taxes and
laying Duties as others, until the Year 1 765.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 481
That all the learned Judges of England, and the
Judges and other Officers of Justice in America, in
Conformity to this Idea of parliamentary Power over
the Colonies, have put in Execution the Laws made
before the Settlement of the Colony, and those enacted
since, extended by the words of the Act to them, with-
out Doubt or Hesitation, until the above-mentioned
Period.
Fourthly, It is further alledged by Great Britain,
that her Legislature not only thus constitutionally
holds the Right to bind the Colonies by her legislative
Acts, but there is a Necessity they should do so, aris-
ing from their particular Circumstances, and for their
own Preservation, For they say.
1. That the Colonies are Twenty-seven in Number,
and, with respect to each other, in a State of Nature,
destitute of any political or governmental Union or
supreme Authority to compel them to Act in Concert
and for the common Safety, or to maintain themselves
in that Harmony which constitutes the whole Strength
of every Society — That their different Forms of Gov-
ernment, Productions of Soil, and Views of Commerce
—their different Religions, Tempers and private Inter-
ests — their Prejudices against and Jealousies of each
other— all have, and ever will, from the Nature and
Reason of Things, conspire to create such a Diversity
of Interests, Inclinations and Judgments, that they
never can, as all Experience has shewn, in their pres-
ent Situation, unite together for their common Safety,
or to avoid any general Mischief, or to enact any salu-
tary Measure for the general Good. And of necessary
Consequence, as they are now become the desirable
object of several European Powers, and have among
themselves Men of Abilities and Ambition, they must
soon become a Prey to some foreign Yoke, or to the
arbitrary Power and Dominion of the ambitious among
themselves, lost to the British Nation, and destitute
31
482 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
of that Liberty they are now so earnestly contend-
ing for.
2. That it arose from this disunited State of the con-
tinental Colonies, and their conducting their Policies
upon these Principles, that a Handful of the French
Subjects, acting upon the Reverse, were enabled to
concert their Plans with such superior Wisdom, and
to exert such a superior Degree of Strength, as to
endanger the Safty of the British Colonies, and
to throw them into such Distress as induced them to
claim and implore the Assistance and Protection of
the British Legislature, who accordingly afforded them
Aid, and gave them Protection and their present Se-
curity. And altho' some of the Colonies contributed
liberally at Times, yet at other Times even those
omitted this most important Duty, while others gave
no Aids to the general and common Defence.
3. That there can be no Proposition more rational,
more equitable, or more true than that every Part or
Member of a Dominion or State ought to contribute
towards the Protection and Safety of the Whole, and
of every Part which constitutes that Whole, in Pro-
portion to the Property, Wealth and Strength which
each Part or Member possesses. — That this is a neces-
sary and indispensable Obligation, a primary and essen-
tial Consideration in every Government or Society —
And that it is equally rational, equitable and true,
when the Perverseness of the Conduct of Mankind is
considered — That there must be a supreme Legislative
Authority to remedy the Mischiefs arising from this
Disunion of the Colonics, and to compel them to per-
form the Lasl mentioned, and other Duties which arise
from the Nature of Society, and tend to its general
Welfare and Safety.
4. That in every Government Protection and Alle-
giance or Obedience are reciprocal Duties — Protection
from the State demands and entitles it to receive Obe-
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 483
dience and Submission to its Laws or Decrees from the
Subject. And, e contra, Obedience and Submission
to its Laws entitle the Subject to demand and have
Protection from the State. If then the Colonies are
rightfully entitled to the Protection of the British Leg-
islature the British Legislature is also equally entitled
to their Submission and Obedience to its Laws.
5. That a Denial, in the Colonies, of Obedience to
the Laws and Regulations of the British Legislature,
is not only destructive of their Right to its Protection,
but, is an explicit Declaration that they are distinct
and inde pendant States without political and govern-
mental Connection, which can only bind and cement
the several Parts or Members of all Societies or Gov-
ernments together, and enables them to unite for their
common Safety. Upon these Arguments, drawn from
the established Principles of all Governments, from
the Necessity of a supreme Power to order, direct and
regulate every Member and Part of them, from orig-
inal Right and Property in the Territory of the Colo-
nies, from the Allegiance due from the People before
their Migration, from the Nature of their Charters, and
from the Necessity resulting from theii present disu-
nited Situation, the British Government derive their
Claim to bind the Colonies in all Cases whatever.
Let us now hear the other Side. Can nothing be
said in Favor of the Colonists ? Is their Discontent
occasioned by the Exercise of the parliamentary Au-
thority over them groundless and unreasonable ?
Have they been in Pursuit of an Object to which they
can lay no Claim, an Ignis Fatuus f If so, all their
Clamours and Associations are to be disregarded, and
the severe Measures held forth to intimidate and bring
them to their Duty are at least more justifiable than I
at first thought. — But before we determine, let us en-
quire into a Matter of such infinite Importance to
both Countries — and, in the Inquiry, let Candor and
484 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Impartiality prevail in every Sentiment. To act other-
wise in a Case of so much Weight would be idle and
ridiculous. It would be trifling and sporting with the
most sacred Things, the Liberties and Welfare of
Millions.
To accomplish a Task so arduous, upon considering
every Thing that has been advanced in Favor of Amer-
ica, I find I must, to tread with Safety, leave the
beaten Paths. They are "puzzled with Mazes and
perplexed with Errors." — They have been hackney'd
over and over again, aud yet have never led the Trav-
eller to a Place of Rest or Safety. I shall not there-
fore rely on the refined Distinctions between Taxation
aud Representation and Legislation — between internal
and external Taxation — between Taxes laid for the
Regulation of Trade and for the purpose of Revenue —
or between the Right in Parliament to bind the Colo-
nies by some Laws and not by all. They are Distinc-
tions, in my humble Opinion, with Respect to Ameri-
can Rights, without a Difference; and, could they be
supported, we could not draw from them any Thing
beneficial to the Freedom of the Colonies— I have
searched for them in the common Law — in the Usage
and Customs of England — in the Volumes of the Stat-
utes — and in the Laws and Journals of Parliament —
and they are not to be found — Nor will I depend on
the numerous Pillars of American Freedom, erected
by the Resolves of the several Assemblies, viz. " The
Law of God and Nature" because we are not in a
State of Nature but of Society — nor " on the common
Rights of Mankind" because the Rights of Mankind
are as different as the Forms and Policy of the Society
they live under are different — nor on American ( 'har-
ters, because I can find little or nothing in them in
Favor of American Claims, nor on Acts of Parlia-
ment, because the Point in Question is the Authority
of Parliament— I shall therefore take other Ground
1774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 485
which T trust will be more safe and defensible— I mean
the Constitution of the English Government, and the
Principals and Policy upon which it is founded.
On the other Side then it may be asserted in Favor
of America, that altho' the Facts advanced against her
may be true, and the Arguments drawn from those
Principles may be just, yet taking the Subject deeper,
and tracing the Policy upon which the English Consti-
tution was established, and bringing into View the Se-
curity and Freedom which was intended by that Policy
to be ensured to the Governed, to every Member of the
State, it will appear that Parliament ought not, as
the Colonies are at present circumstanced, to bind
them by its Legislative Authority. Because,
1. Power naturally results from Property and Es-
tates, and wherever it is lodged, it is intended for their
Protection and Security; and as the Lands of every
Community are the most permanent, unchangeable
and excellent, of all Kinds of Property, the Supreme
Head of most States, which are not despotic, derive
their Power chiefly from the landed Interest. And al-
tho' we cannot trace the English Government up to
the Time of its Origin, no Histories or Kecords extant
running so far back, yet this much is proved and es-
tablished from very antient Histories and Documents,
and from the Plan of Government used in England
from Time immemorial, that it derived its Power
from the same Source; and it is likewise certain that
the same Policy or Principle of Government has gen-
erally prevailed, if not been uniformly adhered to, un-
til the present Times.
2. That the Lords and Commons, who hold so large
a Share of the supreme Legislative Authority of the
British Government, derive their Power from, and
represent the La?ids within the Realm. And that
hence the antient Maxim, That no Laws are binding
save those which are made with the Consent of the
486 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
whole Nation, i. e. of the Proprietors of all the Lands
within llx j Realm. A Maxim which has been from
Time immemorial, understood and held in England as
the Foundation of their Liberty and Government.
3. That, so far as we have any Knowledge of the
Government of our Saxon Ancestors in their own
Country, the Proprietors of the Land gave their per-
sonal Attendance in the Legislative Council, and
shared the Power of making Laws.
4. That during the feudal Law all Landholders had
a Eight and were obliged to meet in the feudal Courts,
and give their Assent or Dissent to the Laws there
proposed.
5. That after the Dissolution of the Heptarchy, and
the Union of the seven Kingdoms, when the Numbers
of the People and their Remoteness from the Place of
Convention rendered a personal Exercise of the Legis-
lative Power impracticable or inconvenient, it was
necessary, in order to preserve the Government on the
same Principles of Freedom, and to continue the
Right of the Landholders to a Share in the supreme
Power, to divide the Kingdom into Tithings, and to
vest the landed Interest for each Tithing or Borough
with a Right to send Representatives to the Wittena-
Gemot or Parliament, and from that Period down to
the Conquest the Commons or Landholders composed
a Part of the Legislature.
6. That after the Conquest by William I, when, to
secure the Conquest he thought some Alteration in
the supreme Power necessary, this Principle of Repre-
sentation by the Holders of Land was adhered to with
this only Difference, that the Power of the Represen-
tatives of the Tithings was made hereditary, and that
of the Boroughs continued elective as before. Thus,
as well before as since the Conquest, every Spot of
Land being either within sonic Barony, Tithing or
Borough, was represented, either by the Barons,
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 487
Wites, or Burgesses, who, in Right of their Lands and
Estates, held and exercised a Share in the supreme
Legislature.
7. That after the Civil War between Stephen, Maud,
and Henry the Second, when many of the Baronies
were divided into smaller Portions, and conveyed to
inferior Tenants in Capite, so indispensable and neces-
sary was a Representation of every Part of the Eng-
lish Territory held, that those Tenants were immedi-
ately impowered in Right of their Tenures to send
Members to the House of Commons, and to participate
in the supreme Power of the Nation.
8. That thus this Right continued until the Time of
Henry VI. when, the Lands being divided into smaller
Portions, every Freeholder of Forty Shillings per An-
num was impowered to vote for Kuights of the Shire.
9. That this Power of Legislation has ever, from the
Time of our Saxon Ancestors, been held and fully en-
joyed by the English Subjects and Landholders with-
in the Realm without Interruption or Abatement,
except in Cases where the Rights of all the Branches
of the Supreme Authority has been invaded by arbi-
trary Power, and even in those Cases this Power has
been uniformly restored with those of the other Parts
of the supreme Power so invaded.
10. That King John, in the great Charter granted
for the Restoration and Confirmation of the violated
Rights of Parliament, engages "not to impose any
' ' Taxes without summoning the Archbishops, the
" Abbots, the Earls, the greater Barons and the Ten-
" ants in Capite" who, as before- mentioned, held a
Right to be represented in the House of Commons.
11. That in the 17th Year of Edward II. another
Statute was made, to restore and confirm the Rights
of the Subject, declaring that " whatsoever- concerns
" the Estate of the Realm and the People, shall be
' ' treated in Parliament by the King, with the Consent
488 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
"of the Prelates, Earls, Barons, and Commonality of
"the Realm," which Commonality is the Representa-
tives of the Lands and Freeholders of England,, in
Parliament — And that there are divers other Stat-
utes since to the same Effect.
\-l. That this most excellent Power of Legislation in
the People, derived from the Share they hold in the
Lands, was originally, and yet is of the Essence of the
English Government; and ever was and still con-
tinues to be the great and only Check upon arbitrary
Power, the great Bulwark against Tyranny and Op-
pression, and the main Pillar and Support of the Free-
dom and Liberties of the English Subject. And that
the Excellence of this Power consists in affording to
every Part of the Territory a legal and constitutional
opportunity of representing by their Delegates at all
Times their Wants, Necessities and Danger, to the
great and supreme Council of the Nation; and after
they are represented to advise, consult and decide up-
on the proper Eegulations for their Relief.
13. That no Part or Spot of the Lands in America,
or the Owners and Proprietors thereof are in Right of
such Lands represented in the British Parliament, or
in any Maimer partake of the Power which is to de-
cide upon their Lives, Liberties, or Properties — That,
wanting this Power and Privilege, the British Gov-
ernment is as absolute and despotic, with respect to
the Colonies, as any Monarchy or despotic Govern-
ment whatever, in as much as the Persons, Lives,
and Estates of their Inhabitants is at the Disposal of a
Power according to its Will and Pleasure in which it
has no Voice or Participation.
14. That should the People in America be bound by
the Laws of the British Parliament, while under their
present Circumstances, their Condition would be more
slavish than that of the People of England, should the
Powers of the House of Commons be abolished, and
1?74] ADMINISTRATION 01 s GOVERNOR FRANKLIN. 489
the Landholders under the Degree of Nobility, be de-
prived of their Share in the supreme Authority, be-
cause in that Case a very considerable Part of the
Lands within the Realm, held by the Nobles, would
still be represented.
From all which it may be collected and is proved, in
Favor of America, that as no Part or Parcel of her
Territory, nor any of the Owners thereof, are repre-
sented in, or in any Manner partake of the supreme
Legislative Authority of Great Britain that Authority
ought not, upon the Principles upon which it was
originally constituted and has continued to exist ever
since, to exercise its Jurisdiction over the Colonies,
notwithstanding all that has been advanced in Favor
of the Exercise thereof. For,
First, Altho 1 in every State a supreme Power is
necessary to draw together the Force, and to regulate
the Welfare of every Part and Member of it, yet that
Power (when constituted on certain Principles calcu-
lated to give Safety, and preserve those Members from
the Decrees of arbitrary Power) if an additional Quan-
tity of Territory should be afterwards acquired and
settled by the People of the State, whose Persons and
Estates were before thus secured in their original Ter-
ritory, ought not to be exercised over them but upon
Principles of the like Safety (and not on those which
take away all Freedom and destroy their Security
against domestick oppression) the Enjoyment whereof
was one of their principal Designs of entering into So-
ciety. That to act the contrary, would be to reward
the Settlers, who were once free, and had at the Risk
of their Lives and Fortunes added to the Welfare,
Strength and Dignity of the Mother Country, with
nothing less than the most abject Slavery.
Secondly, That altho' it be granted that the Terri-
tory of America is not vested in the King, but the
Right of the State, and therefore a Part of the Realm,
490 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1774
yet the parliamentary Jurisdiction ought not to be ex-
tended to it, as it is in no Manner represented in that
Body, holds no Share of its Power, and of Course no
opportunity of making known its Wants or Necessi-
ties, without a Knowledge whereof it is impossible to
form adequate Provisions, or to supply the proper
Remedies for its Relief.
Thirdly, That altho' there may be Words in the sev-
eral American Charters which amount to an Acknowl-
edgment of the parliamentary Jurisdiction, yet as the
Grantees accepted of them from extreme Necessity,
as it was impossible, but in their infant Endeavours to
settle a distant Wilderness, they must stand in Need
of its Protection, which it could not be entitled to
without such Acknowledgment, yet that Acknowledg-
ment, thus obtained, ought not to be enforced against
them to the utter Annihilation of their antecedent
Rights, upon the Continuance and Enjoyment where-
of all their Safety against the Attempts of arbitrary
Power, and their future Happiness, depend.
Fourthly, That the Arguments drawn in Favor of
the Parliament, from the Necessity arising from the
Disunion of the Colonies, can bear but little Weight,
as a new Provision, upon the Principles of the Eng-
lish Government, may readily remove that Necessity,
and all the Mischiefs arising from such Disunion.
Fifthly, That it is true, the Protection of every
Government entitles it to the Allegiance and Obedi-
ence of its Members, and yet it must be allowed that,
that Protection should be founded in the Principles
upon which the Government is established, and not
on such as give them no Tenure in the Protection, but
endanger their Safety, and render them liable to every
Act of Oppression which the Will and Pleasure of the
Government uncontrouled by any Check or Power
whatever shall think proper at any Time to subject
them to.
L774] ADMINISTRATION OF GOVERNOR FRANKLIN. 491
Sixthly, That altho' a Denial of Obedience in the
Colonies to the supreme Authority of Britain may be
destructive of their Right to her Protection, and a
Declaration that they are at present (having no Share
in that Authority) so many distinct States, yet when
that Denial shall be accompanied with an express De-
sire of establishing a political Union with the Mother
State, and a Proposal of such Provision to be made
between them as shall entitle the former to her Pro-
tection, and place them in such Circumstances as shall
not only give them the Names but the substantial
Rights of Members secured in their antient Liberties
and Freedom, as the other inferior Societies and Mem-
bers of the State are secured, I say, attended with a
Proposal of this Kind, such Denial does not carry with
it any Thing unjust — offensive — or indelicate, and
must be held justifiable by all good and reasonable
Men.
And Lastly, That from this View of the Dispute
between Great Britain and her Colonies, and the
Measures lately pursued to enforce an Obedience to
her Authority, it does most evidently appear that to
preserve the Persons and Estates of the Americans
from the absolute Power of the Mother State, from
the Tyranny of a Foreign Yoke, or from the horrible
Consequences of a Civil War among ourselves, it is
become indispensably necessary that there should be
formed and established between the two Countries
some political Union founded on the Principles of the
British Constitution, which shall secure to the Mother
State a regular and faithful Discharge of the neces-
sary and reasonable Duties of the Colonies, and to the
Colonies those antient Rights and that Freedom which
their Ancestors enjoyed in Britain, which they have
never forfeited, and which they demand as the inher-
ent and unalienable Rights of English Subjects.
What this Union ought to be, the Author will not
492 ADMTETISTEATION OF GOVEKNOR FRANKLIN. [1774
be so presumptious as to point out, as a Congress of
some of the ablest and wisest Men in America are
soon to meet on the Occasion, and as he hopes, should
they come together in a Spirit dictated by Moderation
and Prudence, and an unbiassed Regard for the true
Interests and Welfare of both Countries, their Knowl-
edge of the Constitution of the English Government,
and of the just Rights and Liberties of the Subject,
will enable then to bring this dangerous Controversy
to an happy Conclusion.'
Lord N 's 2 Political Creed with respect to
America.
From a London Paper, June 4 th 1774.
To the Printer,
Sir,
Parliamentary Determinations being generally con-
sidered in the present Times as coinciding with the Min-
isters Inclinations, it may not be unentertaining to
your Readers to have a clear Idea of the Principles i>\
which the present Premier lias been guided in this
novel and interesting Contention between Great Brit-
ain and her Colonies; the Dispute with whom, he
opines to lie within a much narrower Compass than
the generality of Writers have extended it to in their
voluminous Argumentation on this Subject.
He maintains that the whole Reasoning on this
Question may be fairly deduced from one single Postu-
late, viz. that the Inhabitants of the British Colonies
are Subjects of the British State.
1 Some of the arguments presented in the foregoing pampfalel wen- submitted bj
Joseph Galloway, of Pennsylvania, to the Continental Congress. — Works of John
Admns, a., 872. The general style of the paper corresponds with his vacillating
course al Has period. These facts and the well-known intimacj between him and
Governor Franklin afford reason for the belief thai be was the Governor's secret
correspondent, and the author of the pamphlet reprinted above. (W. N.]
'-' Lord North?
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 493
This being granted, their Pretensions must neces-
sarily be founded on one or other of the following
Pleas: First, that certain natural unalienable and ex-
clusive Eights, Privileges, and Exemptions, are an-
nexed to Emigration, altho' the Emigrants continue
to acknowledge a Subjection to the Mother State, or
that they have acquired such distinct Rights, <$cc. by
Charters or other Grants from the Legislature of the
Mother Country.
The former of these Pleas has, I believe, never been
advanced, and must indeed necessarily be excluded;
because without the Permission of the State the Sub-
jects thereof have no Right to abandon their native
Country; at least if they do, in Breach of an Injunc-
tion of the Legislature, they virtually become Out-
laws, and forfeit all Privileges in the Country to which
they originally belonged.
The second Plea, though perhaps more plausible in
Appearance, is at least equally destitute of Validity,
for this plain Reason, that all local and distinct politi-
cal Privileges they can lay claim to, must unavoidably
be derived from the supreme Power of the Mother
Country, which is equally co-existent and co-efficient
at all Periods; for surely if two Estates of the Realm
have Power to alter and establish the Succession to the
Crown, (which the Americans have acknowledged) it
would be absurd in the extremest Degree to suppose
they cannot in Conjunction with the Crown enact
new Laws, or amend and abrogate any former ones,
where they judge it expedient for the good of the
State. It is manifest their Charters can have no
greater Degree of Validity than others granted under
the same Powers, yet the Right of Government of
altering, abridging, or restraining those Charters, al-
though murmured at by interested Parties, has never
been controverted with any Degree of Plausibility.
This System of Reasoning, however, has no Aim or
494 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Tendency to abridge or defeat their true and essential
Claim of Redress when they conceive themselves to
be injured or oppressed by partial and inadequate
Laws; but is rather meant as a friendly Hint and
Admonition, that, instead of attempting to extort by
Violence a Redress of what they apprehend to be
Grievances, they should apply for it in such a Manner
as the Constitution obviously prescribes, which is
plainly the only one that can afford them a rational
Prospect of Success, or of preferring to themselves
the Common Rights of their Fellow-Subjects, since
they cannot but be aware of the fatal Consequences of
incurring, by their Obstinacy, the Hazard of being put
upon the Footing of a conquered People by those who
at present wish to acknowledge them as Brethren of
the same State.
This is what you may venture to publish as the
political Creed of L. N. with respect to America,
lam, Sir,
Your most humble Servant,
J. P. S. L. H.
Letter from Benjamin Franklin to Gov. Franklin, on
. imerican Affairs.
[From Works of Benjamin Franklin, edited by Sparks, Vol. VIII., 130.]
London, 7 September, 1774.
Dear Son,
* * - You mention, that my presence is wished for
at the Congress; but no person besides in American
has given me the least intimation of such a desire,
and it is thought by the great friends of the Colonies
here, that I ought to stay till the result of the Con-
gress arrives, when my presence here may be useful.
All depends on the Americans themselves. If they
make, and keep firmly, resolutions not to consume
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 495
British manufactures till their grievances are re-
dressed, this ministry must fall, and the laws be re-
pealed. This is the opinion of all the wise men here.
I hear nothing of the proposal you have made for a
Congress of Governors. I do not wonder so much as
you do, that the Massachusetts have not offered pay-
ment for the tea. First, because of the uncertainty
of the act, which gives them no security that the port
shall be opened on their making that payment. Sec-
ondly, no precise sum is demanded. Thirdly, no one
knows what will satisfy the custom-house officers; nor
who the others are, that must be satisfied; nor what
will satisfy them. And fourthly, they are in the
King's power, after all, as to how much of the port
shall be opened. As to " doing justice before they ask
it," that should have been thought of by the legis-
lature here, before they demanded it of the Boston-
ians. They have extorted many thousand pounds
from America unconstitutionally, under color of acts
of Parliament, and with an armed force. Of this
money they ought to make restitution. They might
first have taken out payment for the tea, and returned
the rest. But you, who are a thorough courtier, see
everything with government eyes.
I am sorry for the loss of Sir William Johnson, es-
pecially at this time of danger from an Indian war.
I see by the papers that you were with him at the
time. 1 A Spanish war is now seriously apprehended,
1 The ge : eral outbreak on the frontier in the spring of 1774, commonly known as
Dunmore's war, was precipitated by the massacre at Yellow Springs, on March 1 ,
1774, of several of the relatives of Tah-gah-jute, or Logan, the noted Indian Chief,
whose alleged speech in reference to the cruel deed, which he is said to have
charged to Colonel ((. e., Captain) Michael Cresap, has been given a world-wide
fame by Jefferson —Notes on Virginia, Philadelphia, 1788, 66-8; Newark, 1801, 94-6:
Trenton, 1803, 86-8, with Appendix, 311-356. (The Appendix was first published at
Philadelphia, in 1800, and in separate form). — Biographical Sketch of the Life of
the late Captain Michael Cresap, by John J. Jacob, Cumberland, Md., 1836, re-
printed, Cincinnati, 1866. The best account of Logan and his alleged speech is
Brantz Mayer's discourse, " Tah-gah-jute, or Logan, and Captain Michael Cresap,"
delivered before the Maryland Historical Society, 9 May, 1851, wherein he traces
the "evolution" of the Logan speech. The massacre in question, which was as-
496 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
and the stocks of course are falling. The August
packet is hourly expected, when I hope to hear of
your safe return and health.
Your affectionate father,
B. Franklin.
Letter from the Earl of Dartmouth to Gov. Franklin,
expressing the King's anxiety concerning the Con-
gress in Philadelphia.
[From P. R. O. America and West Indies, Vol. 177 (195). J
Whitehall 7 th Sept 1 ; 1774.
Governor Franklin.
Sir,
I have received & laid before the King your dis-
patches of the 13*!' & 28 th June numbered 13. & 14.
The Acts & Proceedings of the Legislature, with
your Observations Upon them, will be laid before the
Board of Trade so soon as that Board meets after the
usual Recess; And it will be my duty to take Care
that all possible dispatch is given to the Consideration
of them at that Board.
I must not omit this Opportunity of expressing to
you how great Concern it has given the King to find
cribed at the time to " Cressop," aroused the Six Nations, who hastened to consult
their old friend. Sir William Johnson, at Johnson Hall, New York, about 600 assem
I •! it i^c between June 19 and July 8. It is quite probable that Sir William invited
Governor Franklin to attend Ibis conference, in view of his popularity with the In-
dians at the Convention of 1768. (See ante, 5G-8.) Moreover, the agitation <m the
frontier was large!} caused by the aggression of the Ohio Company of Virginia
(see Jacob's ( Iresap), whose aims were somewhat antagonistic to those of the ohm
Company in which Sir William Johnson and Governor Franklin were concerned,
ami this was another reason why these men should confer. The conference with
the Indians extended through July 9, 10, 11 and P.', on winch last-mentioned day Sir
William, already feeble in body, and greatly oppressed with the importance of the
negotiations he was conducting, died suddenly. He was buried the next day at
Johnstown, New York. " The Fall was supported by His Kxcelh'J' the Governor of
New Jersey the Judges of the Supreme Courl of New York, and other Persons of
note who happened to be at Johnstown at that time."— A. Y. Col. Dues., \ III.,
471-80.-[W. N.]
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 497
that His Subjects in the different Colonies in North
America have been induced, upon the grounds stated
in their different Resolutions, to nominate Deputies to
meet in general Congress at Philadelphia.
If the Object of this Congress be humbly to repre-
sent to the King any Inconveniences they conceive
themselves to lie under, or any Propositions they may
have to make on the present State of America, such
Representations would certainly have come from each
Colony, with greater Weight in its Separate Capacity,
than in a Channel, of the Propriety & Legality of
which there may be much doubt. I fear however the
Measure has gone too far to encourage any hope that
it has been retracted, & I can only express my Wish
that the result of their Proceedings may be such as
not to cut off all Hope of that Union with the Mother
Country which is so essential to the Happiness of both.
I am &c*
Dartmouth.
Circular letter from the Earl of Dartmouth to all the
Governors in America, relative to arresting and
securing any gunpowder, arms or ammunition
which might be imported from England to the Col-
onies without license.
[From New York Colonial Documents, Vol, VDII, p. 509.]
Whitehall 19 th October 1774.
(Circular)
His Majesty having thought fit, by His Order in
Council this Day, to prohibit the Exportation from
Great Britain of Gunpowder, or any sort of Arms or
Ammunition, I herewith inclose to you a Copy of the
Order, and it is His Majesty's Command that you take
the most effectual measures for arresting, detaining
32
498 ADMINISTRATION OF GOVERNOR FRANKLIN. [L774
and securing any Gunpowder, or any sort of arms or
ammunition, which may be attempted to be imported
into the Province under your Government, unless the
Master of the Ship having such Military Stores on
Board shall produce a Licence from His Majesty, or
the Privy Council, for the exportation of the same
from some of the Ports of this Kingdom.
I am &c a
Dartmouth.
Letter from Committee of Correspondence at Boston to
the Committee of Monmouth County.
[From New Jersey Historical Society Manuscripts.]
Boston, October 21st, 1774.
Gentlemen,
You Will be Informed by Our Committee for Dona-
tions of the Receipt of Your generous present to the Suf-
ferers in this town by the Operation of the Cruel and
Detested Port bill. Such Charities not only Serve to
Shew the Union and tender Sympathy of the Colonies
with and for Each other, but will fix an Everlasting
brand of infamy upon a Ministry whose Conduct with
Respect to this devoted town has made Such Large
and Extensive Charities so absolutely necessary. We
are Extremely Obliged to you for the favorable Senti-
ments Respecting the Behavior of the Inhabitants of
Boston in their endeavours to ward off that Slavery
and ruin which the Venal Ministry of a Venal Nation
have long meditated for these once happy Colonies. 1
As for this we are now more Immediately Suffering
under the heavy Rod of power and have Reason to
Expect an increase of punishment, may our future
Conduct be such as will no ways derogate from our
1 See Minutes Provincial Congress, etc., 1775, .'l 1.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 499
Character as men and as Christians. Happy as we
are that Our Opposition to the late Edicts of a british
parliament has not only been approved by the Several
towns and provinces, but by the Continental Congress
who Consider our Sufferings as the Common Cause of
America, there are yet Some in Every Colony who
may pertinently Compare to Moles both as to Sight
and Dirty Grovelling. Of such a Cast is a Writer in
Rivington's Gazetteer, who, in order to deny the Char-
ities for our poor, Asserted, with more boldness than
truth, that this town had voted to Expend the Collec-
tions in paving Our Streets. The Inclosed account of
that Committee's prudence will show you how these
Charities are applied: and as to the necessity of their
Continuance you may Judge when I assure you that
without exaggeration and the least Design to Lessen
Our Obligations to Our worthy and Generous Donors,
that this town Suffers in One Month a Greater Loss
than the whole of those Brotherly Donations have
amounted to. The particular State of the town and
the Late accounts from England with Respect to the
present Measures You'll find in the Newspaper here-
with under the Boston head. I intended to have been
more particular, but am this Moment Called to attend
the provincial Congress at Cambridge. Our best Re-
spects to Our worthy and patriotic Brethren of the
County of Monmouth.
I am, Gentlemen,
your Most Humble Serv't,
William Cooper.
500 ADMINISTRATION OF CtOVERNOR FRANKLIN. [1774
Letter from Governor Franklin to the Earl of Dart-
mouth, transmitting a pamphlet published by the
Congress at Philadelphia.
[From P. R. O. America and West Indies. Vol. 195.]
New York Oct 1 ' 29? 1771.
Right Hon ble the Earl of Dartmouth
My Lord.
Having Occasion to come to this Place on some pri-
vate Business, I have just met with a Pamphlet pub-
lished by the Congress at Philadelphia, containing
their Resolutions, &c. which, as there is a A^essel to
sail in a few Minutes for England, I have procured in
order to forward to your Lordship, that you may have
as early Intelligence as possible of their Proceedings.
It is the only one that has as yet got to this City, and
is probably the only one that will get here in Time to
go by this Opportunity. I have not had leisure to read it
through, but from what I have heard of its Contents,
and of the Sentiments of People in Trade here, I much
doubt its being generally approved by the Inhabitants
of this Colony, even if it should be by those of the
other Provinces. It is said that there will be a further
Publication by the Congress this Week, containing a
Letter to the Inhabitants of Canada, &c.
I have not Time to add further than that I am, with
the greatest Respect & Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W M Franftjn
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 501
Letter from the Earl of Dartmouth to Gov. Franklin,
approving his conduct in transmitting papers.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall 2 a Nov!' 1774
Governor Franklin.
Sir
Your Attention in transmitting to me the papers
which accompanied your dispatch of the 6 th of Septem-
ber N° 15 is approved by the King.
In the present State of North America every Infor-
mation must be useful; it is the duty of persons in
your Station to communicate without Reserve such
Intelligence as can be procured of every public Tran-
saction, and you may with Confidence rely upon any
Intelligence of the Nature of that you have sent me
being kept most Secret, and communicated only to
the King's Confidential Servants.
I am &c*
Dartmouth
Report of the Surveyors of the Boundary Line between
Neiv York and New Jersey.
[From N. Y. Col. MSS., in Secretary of State's Office, Albany, Vol. CI., p. 35.]
In pursuance of an Act of Assembly of the Colony
of New York entitled "an Act for establishing the
" Boundary or Partition Line between the Colonies of
' ' New York & Nova Casaria or New Jersey & for
" Confirming Titles & Possessions." And of one other
Act of Assembly of the Colony of New Jersey entitled
" An Act for Establishing the Boundary or Partition
"Line between the said Colonies of New York and
" Nova Casaria or New Jersey & for Confirming the
" Titles and Possessions." We William Wickham &
Samuel Gale two of the Commissioners in the first of
502 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
the said Acts mentioned & John Stevens & Walter
Rutherford two of the Commissioners in the other of
the said acts mentioned Do hereby Certify that we
have ascertained & marked the Partition Line in the
said Acts mentioned so that it may be sufficiently
Known and distinguished. In doing this Business we
have been greatly assisted by James Clinton and
Anthony Dennis Surveyors by us Appointed for that
purpose as will more particularly appear by their Cer-
tificate hereunto annexed. That the Rock on the
West side of Hudson's River marked by the Survey-
ors in the said Acts mentioned in the Latitude of 41°,
we have marked with a straight line throughout its
Surface passing through the place marked by the said
Surveyors & with the following words and figures to
wit Latitude 41° North, & on the South Side thereof
the words New Jersey, and on the north side thereof
the words New York. That we have marked Trees
agreeable to_ the said Acts standing in the said Line
with a Blaze & five notches under the same. And
that we have erected stone Monuments at one Mile
distance from Each other along the said line except
the Monuments number twenty six which by reason
of the Long Pond we were obliged to place one Chain
further from the Station on Hudson's River. And we
have numbered the said Monuments from the West
Side of Hudson's River beginning with Number one &
ending with Number forty Eight & have marked the
words New York on the North Side of Each of the
said Monuments & the words New Jersey on the side
of Each of the said Monuments In witness whereof
we have hereunto set our hands & seals the thirtieth
day of November, one thousand seven hundred ec sev-
enty four.
Sealed & Signed in presence of
Rob t Hull \V. Wickham
Ch 8 Wickham Crooke, Saml* Gales,
Walt* KT'IIIERFORD.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 503
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the Congress at Philadelphia and the
sentiment of the public concerning it, also trans-
mitting a plan of a proposed Union between
Great Britain and the Colonies.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Perth Amboy Dec"' th 1774
Eight Hon ble the Earl of Dartmouth, &c
My Lord,
I had the Honor, on the 29*J l of Oct- to write your
Lordship a few Lines from New York, enclosing a
Pamphlet containing Extracts from the Votes and
Proceedings of the Continental Congress held at Phil-
adelphia; since which I have been honoured with your
Lordships Dispatch of the 7*? of September. (N? 12.)
Altho' the Proceedings of the Congress are not alto-
gether satisfactory to many of the Inhabitants of the
Colonies, yet there seems at present little Reason to
doubt but that the Terms of Association will be gen-
erally carried into Execution, even by those who dis-
like Parts of it. But few have the Courage to declare
their Disapprobation publickly, as they well know, if
the} 7 do not conform, they are in Danger of becoming
Objects of popular Resentment, from which it is not
in the Power of Government here to protect them.
Indeed the Officers of Government in all the Colonies
(except at Boston) have but little or no Protection for
themselves.
It must afford every good Subject Pleasure, should
the Result of their Proceedings be found (as your
Lordship wishes) " such as not to cut off all Hope of
" that Union with the Mother Country which is so es-
504 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
" sential to the Happiness of both." But it seems ap-
prehended by many sensible and moderate Men here,
that it will be the Opinion of the Mother Country that
the Congress has left her no other alternative than
either to consent to what must appear humiliating in
the Eyes of all Europe, or to compel Obedience to her
Laws by a Military Force. The Necessity for either it
was hoped, by all good Men, that the Congress would
have prevented, by framing and proposing some Plan
of Constitutional Union, which, though it might not
have been deemed perfect, or such as the Mother
Country could altogether have acquiesced in, yet
might have served as a Foundation for an amicable
Settlement of our unhappy Differences. But, tho' a
Plan for that Purpose was proposed by a Member of
the Congress, and even entered on their Minutes, with
an Order referring it to further Consideration, yet
they not only refused to resume the Consideration of
it, but directed both the Plan and Order to be erased
from their Minutes, so that no Vestige of it might ap-
pear there. I have, however, obtained a Copy of it,
which I send enclosed to your Lordship, as I am told
it has been much handed about at New York, and
greatly approved of by some of the most sensible Men
in that City.
I have the Honour to be, with the greatest Respect
& Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W? 1 Franklin
A Plan of a Proposed Union between Great
Britain and the Colonies of New Hamp-
shire, The Massachusetts Bay, Rhode
Island, New York, New Jersey, Pennsylva-
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 505
ilia, Maryland, The three lower Counties
on Delaware, Virginia, North Carolina,
South Carolina, and Georgia,
Resolved.
That there is a manifest Defect in the Constitution
of the British Empire in respect to the Government of
the Colonies upon those principles of Liberty which
form an essential Part of that Constitution; and that
such Defect has arisen from the Circumstance of Col-
onization which was not Included in the System of the
British Government at the Time of its Institution, nor
has been provided for Since.
Resolved
That the Colonists hold in Abhorance the Idea of
being Considered Independent Communities on the
British Government, and most ardently desire the Es-
tablishment of a Political Union not only among
themselves but with the Mother State upon those
principles of Safety and Freedom which are Essential
in the Constitution of all free Governments and par-
ticularly that of the British Legislature, and There-
fore,
Resolved
As the Colonies from their local & other Circum-
stances cannot be represented in the British Parlia-
ment, the Congress do most Earnestly recommend (as
a Measure of the Greatest Importance in reconciling
the Difference between G. Britain and her Colonies,
and restoring them to a permanent Union & Har-
mony) to the Consideration of the several Continental
American Assemblies the following Plan of Govern-
ment to be by them humbly proposed to his Majesty
and his two Houses of Parliament under which the
Whole Empire may be drawn together on every Emer-
gency, the Interest of both Countries advanced, and
the Rights and Liberties of America secured, viz 1
506 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
1. That a British and American Legislature for reg-
ulating the Administration of the General Affairs of
America be proposed and Established in America in-
cluding all the said Colonies; within and Under which
Government each Colony shall retain its present Con-
stitution and Powers of. regulating and Governing its'
own internal Police in all Cases whatsoever.
2. That the said Government be administred by a
President General to be appointed by the King and a
Grand Council to be Chosen by the Representatives of
the People of the several Colonies in their respective
Assemblies once in every three Years. —
3 C 1 That the several Assemblies shall chuse Members
for the Grand Council in the Following Proportions'
Viz 1
New Hampshire Pennsylvania
Massachusetts Bay Delaware Counties
Rhode Island Maryland
Connecticut A T irginia
New York North Carolina
New Jersey South Carolina
Georgia
Who shall meet at the City of — for the
first Time being called by the President General as
Soon as Conveniently may be after his Appointment.
4. That there shall be a New Election of Members
for the Grand Council every three Years, and on the
Deaths, removeal, or Resignation of any Member his
Place shall be Supplied by a New Choice at the next
Sit ting of the Assembly of the Colony he represented.
5. That the Grand Council shall meet once in every
Year if they shall think it Necessary, and Oftener if
Occasions shall require, at such Time and Place as
they shall adjourn to at the last preceding Meeting or
as they shall be called to meet at by the President
General on any Emergency.
6. That, the Grand Council shall have Power to
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 507
Chuse their Speaker and shall hold and Exercise all
the like Rights Liberties and Priviledges as are held
and Exercised by and in the House of Commons of
Great Britain.
7. That the President General shall hold his Office
during the Pleasure of the King and his Assent shall
be requisite to all Acts of the Grand Council and it
shall be his Office and Duty to Cause them to be car-
ried into Execution —
8. That the President General by and with the ad-
vice and Consent of the Grand Council, hold & Exer-
cise all the Legislative Rights Powers and Authorities
necessary for regulating and administering all the
General Police and Affairs of the Colonies in which
Great Britain and the Colonies or any of them, the
Colonies in General, or more than one Colony are in
any manner concerned, as well civil & criminal as
Commercial.
9. That the said President General and Grand Coun-
cil be an inferior & distinct Branch of the British Leg-
islature United and incorporated with it, for the
Aforesaid general Purposes; and that any of the said
general Regulations may originate and be formed and
digested either in the Parliament of Great Britain or
in the said Grand Council, and being prepared, trans-
mitted to the other for their Approbation or Dissent,
and that the Assent of both shall be requisite to the
Validity of all such general Acts or Statutes.
10. That, in Time of War, all Bills for Granting
Aids to the Crown prepared by the Grand Council and
approved by the President General shall be Valid &
passed into a Law without the Assent of the British
Parliament. 1
1 The foregoing Plan was submitted September 28, 1774, by Joseph Galloway, and
received the votes of five Colonies, to six in the negative.— 1 American A rch ives, I. ;
Works of John Adams, II., 387-91.
508 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Report of Richard Jackson, Esq., dated Dec. 6, 1774,
on thirty-three Acts passed in the province of Neiv
Jersey in March, 1774.
[From P. R. O. B. T., New Jersey, Vol. 10, L. Ai.\
To the Right Honourable the Lords Commis-
sioners for Trade and Plantations
May it please your Lordships.
In obedience to your Lordships Commands, Signi-
fied to me by M. r - Pownall, I have perused and consid-
ered An Act passed by the Governor Council and As-
sembly of New Jersey, in March 1774. Intitled.
"An Act for lowering the Interest of Money to Six
per Cent within this Colony."
And conceive that the same is probably either use-
less or Mischievous; in case that Money Abounds suf-
ficiently in the Province to induce the Possessors of it
to lend at Six per Cent, it will be lent at that Rate;
in Case it does not the only effect of the Law will be a
Prohibition on the lending at all, to the Manifest in-
jury of the Trade of the Colony, and the Improve-
ment of its Lands: the Mischief of such a Law, has
been recently felt in the Island of Grenada, where the
operation of it, has been not to help the Planters to
Money at the Rate of Six per Cent, but (as far as it
has had any Effect) to deprive them of the Aid of
Loans, when they most wanted them.
I have also perused and considered another Act
passed in the same Year .1774 Intitled.
"An Act more effectually to prevent the erecting
" of Lotteries and Selling of Lottery Tickets within this
"Colony."
Which appears to be a beneficial Act though erro-
neous in the Manner in which the Exception is
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 509
worded; The Assembly of New Jersey probably take
all Lotteries Authorized by the Parliament of Great
Britain to be State Lotteries, and perhaps in strictness
they may be so termed; Yet it is well known this Ex-
pression, is in practice, only applyed to such Lotteries
as are intended for the Purpose of raising Money for
Public Service; your Lordships Wisdom will determ-
ine, whether it may not be adviseable, to postpone the
disallowance of a Law, which though not accurately
penned, cannot but be of Utility, especially in an in-
fant State, Untill the Legislature of the Colony have
had an Opportunity of correcting the Error, by en-
larging the Exception
I have also Perused and Considered one other Act
passed in the same Year If 74 Intitled.
"An Act for stricking one hundred thousand Pounds
"in Bills of Credit, and directing the mode for sink-
" ing the same."
Which does not appear to be improper in point of
Law, in Case Your Lordships shall judge the same to
be expedient
I have likewise Perused and Considered Thirty
other Acts passed in the same Year 1774 Intitled.
"An Act for the support of Government of His Ma-
"jestys Colony of New Jersey, to commence the l 8 . 4
" day of October 1773, and to end the first day of Oc-
" tober 1774, and to discharge the Public Debts and
" the Contingent Charges thereof."
"An Act for defraying Incidental Charges.''*
"An Act for regulating Roads and Bridges."
"An Act for the Settlement and Relief of the Poor,
"An Act for the more Speedy Recovery of Legacies
" in this Province, and for Affirming such Acts of Ad-
" ministrators Bona Fide, done before Notice of a
"Will."
"A " Supplementary Act to an Act Intitled, An Act
" for the more Effectual Discovery and Punishment of
" the Crime of Horse Stealing."
510 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
"An Act more Effectually to punish the Counter-
feiters of Foreign Gold or Silver Coin, Current with-
' ' in the Colony of New Jersey, And the utterers
" thereof, knowing the same to be Counterfeit."
"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."
" 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 Treas-
' ' urer claims Allowance in his Accounts alleclging the
" same to have been Stolen from the Treasury and for
"other purposes therein mentioned."
"An Act for the better preserving of Oysters in the
" Colony of New Jersey."
"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."
"A Supplementary Act to an Act, intitled An Act,
k% for the regulating Fences."
"An Act to regulate the Packing of Beef and Pork
" and to ascertain the Size of Casks "
"An Act to enable the Owners and Possessors of
" the 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."
"An Act for erecting a Convenient Gaol in the
" County of Cape May and to Authorize the Rebuild-
ing and Repairing of the Court House or Gaol of
" that County at any time hereafter."
"An Act to enable sundry of the Owners and Pos-
' ' sessors of the Meadows and Tide Marsh, lying on
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 511
"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."
" An Act to enable the Owners and Possessors of a
' ' Tract of Marsh and Meadow in Lower- Penn's-Neck
" in the County of Salem to uphold and Maintain a
" certain Bank for draining the said Marsh, and for
" other purposes therein mentioned."
"An Act to enable the Owners and Possessors of a
" Tract of Marsh and Swamp in Upper-Penn's Neck,
' ' in the County of Salem, to erect and maintain a
' ' Bank, Dam and other Waterworks, in order to pre-
" vent the Tide from overflowing the same."
' 'An Act to repair and amend the Public Eoads 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 North -
" em Ward and for other Uses and purposes therein
"ment?"
" An Act to suspend the Prosecution of the County
" Collector of Cape May for a limited Time."
"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 in-
" jured thereby."
"An Act to enable the Owners and Possessors of the
" Meadows and Marsh adjoining Repaupau Creek, in
' ' the County of Gloucester to erect cast up repair and
" maintain a Dam and Bank and Water Works sufii-
" cient to prevent the Tide from overflowing the same."
" An Act to enable Sundry of the Owners and Pos-
" sessors of Meadows and Tide Marsh lying on Eng-
" lish's Creek in the County of Burlington, to Erect and
" Maintain a Bank, Dam and other Waterworks across
512 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
' ' the said Creek in Order to prevent the Tide from
" Overflowing the same, and to keep the former
kk Water Course of said Creek open and Clear, and to
" make the said Dam when erected a Public Landing."
' ' An Act to enable the Owners and Possessors of
Wi Marshes Meadows and Swamps bounding on the
"south West side of Raccoon Creek between the
' ' Banks of Constantine Wilkins and Conrad Shoe-
" maker in the Township of Woolwich and County of
"Gloucester, known by the name of Thoroughfare
" Island Marshes, Meadows, and Swamps to Stop out
"the Tide from Overflowing the same, and for other
" purposes therein mentioned."
"An Act for Rebuilding Repairing and Maintain-
" ing the Draw Bridge over Crosswicks Creek in the
" County of Burlington and for Repairing the Cause-
" ways adjoining said Bridge."
" An Act to Revive part of an Act Intitled an Act
"to empower the Inhabitants of the Townships of
" Bridge water and Bed minster in the County of Somer-
" set to repair their Public Highways by Hire and to
" raise Money for that purpose."
"An Act to im power the Inhabitants of the Town-
1 ' ships of Elsinborough, Pilesgrove and Pittsgrove in
"the County of Salem to Repair their Public High -
" ways by Hire and to raise Money for that purpose."
" An Act to enable sundry Persons Proprietors and
" Possessors of certain Lands and Meadows lying upon
"the Walkill, 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."
"An Act 'to relieve Sarah Ely Isaac De Cow and
"David Brearley Jim'" with respect to the loss of two
"Title Deeds by Fire."
" An Act for the relief of Abner Hetfield, an Insol-
" vent Debtor."
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 513
And I am of Opinion that the said Acts are Proper
in Point of Law. '
All which is humbly Submitted by My Lords
Your Lordships' Most obedient
most Humble Servant,
6 1 ! 1 Dec 1 .' 1774. R D Jackson
Circular letter to all the Governors in America, an-
nouncing the King's determination to withstand
every attempt to weaken his authority over the
Colonies.
[From P. R. O. America and West Indies, Vol. 278.]
Circular To all the Governors in America
Whitehall 10*? Dec!' 1771
Inclosed I send you, by His Majesty's Commands,
printed Copies of His Majesty's most gracious Speech
to His Parliament, and of the Addresses in Answer
thereto, which were passed in both Houses by a very
great Majority. 2
1 Allinson's Laws, 386-467.
2 Said the King on opening Parliament, Wednesday, November 30, 1774: "It
gives me much concern, that I am obliged, at the opening of this Parliament, to in-
form you, that a most daring spirit of resistance and disobedience to the law still
unhappily prevails in the province of the Massachuset's Bay, and has, in divers
parts of it. broke forth in fresh violences of a very criminal na ure. These pro-
ceedings have been countenanced and encouraged in other of my colonies, and un-
warrantable attempts have been made to obstruct the commerce of this kingdom,
by unlawful combinations. I have taken such measures, and given such orders, as
I judged most proper and effectual for carrying into execution the laws which
were passed in the last session of the late Parliament, for the protection and secur-
ity of the commerce of my subjects, and for the restoring and preserving peace,
order, and good government, in the province of the Massachuset's Bay; and you
may depend upon my Arm and steadfast resolution to withstand every attempt to
weaken or impair the supreme authority of this legislature over all the dominions
of my crown; the maintenance of which I consider as essential to the dignity, the
safety, and the welfare, of the British empire; assuring myself, that, while I act
upon these principles, I shall never fail to receive your assistance and support.
* * Let my people, in every part of my dominions, be taught, by your example,
33
514 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
The Declaration which His Majesty has been gra-
ciously pleased to make, of His firm & steadfast Reso-
lution, to withstand every Attempt to weaken, or im-
pair the Authority of the Supreme Legislature, over
all His Majesty's Dominions — The Resolution of both
Houses to support those great Constitutional Princi-
ples, by which His Majesty's Conduct hath been gov-
erned, and their entire Approbation of the Steps His
to have a due reverence for the laws, and a just sense of the blessings, of our ex-
cellent constitution. They may be assured that, on my part, I have nothing so
much at heart as the real prosperity and lasting happiness of all my subjects."
The Lords replied: " We think it our indispensable duty to declare, on this oc-
casion, our abhorrence and detestation of the daring spirit of resistance and dis-
obedience to the laws, which so strongly prevails in the province of the Massachu-
set's Bay, and of the unwarrantable attempts in that and other of your Majesty's
provinces in America, to obstruct, by unlawful combinations, the trade of this
kingdom. We thankfully acknowledge, at the same time, the communication it
has pleased your Majesty to make to us, of your having taken such measures, and
given such orders, as your Majesty judged the most proper and effectual for the
protection and security of the commerce of your Majesty's subjects, and for the
carrying into execution the laws, which were passed in the last session of the late
Parliament, relative to the province of the Massachuset's Bay; and in the utmost
reliance on youi\Majesty's firm and steadfast resolution to continue to support the
supreme authority of the legislature over all the dominions of your crown, your
Majesty may be assured, that we will chearfully co-operate in all such measures
as shall be necessary to maintain the dignity, the safety and the welfare of the
British empire."
The Commons said, in their address: "Permit us to assure your Majesty, that
we receive with the highest sense of your Majesty's goodness, the early informa-
tion which you have been pleased to give us, of the state of the province of the
Massachuset's-bay. We feel the utmost concern, that a spirit of disobedience and
resistance to the law should still unhappily prevail in that province, and that it has
broke forth in fresh violences of a most criminal nature; and we cannot but la-
menl that such proceedings should have been countenanced and encouraged in
any ether of your Majesty's colonies; and that any of your subjects should have
beer so tar deluded and misled, as to make rash and unwarrantable attempts to
obstruct the commerce of your Majesty's kingdoms by unlawful combinations. We
beg leave to present our most dutiful thanks to your Majesty, for having taken
such measures as your Majesty judged most prudent and effectual, for carrying
into execution the laws, which were passed in the last session of the late I'arlia-
iii< ni, I'ui' the protection and security of the commerce of your Majesty's subjects,
and forrestoring and preserving peace, order, and good government, in the pro-
vince of the Massachusett's-bay. Your faithful commons, animated by your Ma-
jesty's gracious assurances, will use i-vcry means in their power to assist your
Majesty in maintaining entire and inviolate the supreme authority of this legisla-
i ore i>ver all the dominions of your crown; being truly sensible thai we should be-
traj the trust reposed in us. and be wanting in every duty which we owe to your
Majesty and to our fellow-subjects, if we tailed to give our most zealous support
to those great constitutional principles, which govern your Majesty's conduct in
(his important business, and which are so essential to the dignity, safety and wel
tare of the British empire."— Dodaley's Annual Register, for 1774, ~03-0.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 515
Majesty has taken for carrying into Execution the
Laws passed in the last Session, will, I trust, have the
effect, to remove those false Impressions, which have
been made upon the Minds of His Majesty's Subjects
in America, and put an end to those Expectations of
Support, in their unwarrantable Pretensions, which
have been held forth, by artful and Designing Men.
I am &c a
Dartmouth.
Caveat of the Overseers of a school in the town of
Burlington, against any Grants being made of
the Island of Burlington, until they are first heard
in support of their Title thereto.
[From P. R. O. B. T., New Jersey, Vol. 10, L 37.]
WJiereas the Island called and known by the several
Names of Matinecunk — Stacy's — or Burlington Island, 1
has from the first Settlement of the province of New
1 Matinneconk or Burlington Island has an interesting history. The Swedes had
taken possession of it prior to 1648, as one of the desirable places in the Delaware
river.— N. Y. Col. Docs., XII., 37; , Callaghan , s Hist. New Netherland, II., 80. It
is designated on Lindstrom's map of New Sweden, in 1654-5, as Tinnakonk's
Eylandh, although that name pertained more properly to the island now Tinna-
cum, eight or nine miles below Philadelphia, where the Swedish Governor Printz
established his residence.— Hist. New Sweden, by Isaac Acrelius (Memoirs Penn.
Hist. Soc, XH.), Phila., 1874, 67, 43. In 1656 a Swedish vessel sailed up the Dela-
ware and landed goods at Matinnekonck, regardless of the Dutch.— CaL N. Y. Hist.
MSS., I., 167. In 1668 Peter Jegou, a Frenchman, " obtayned a permit & grant of
govern r Philip Cartret, to take up ye Land Called Leasy Point lying and being over
agst. Mattinagconn Eyland and Burlington to settle himselfe there and to build
and Keep a house of Entertaynment for ye: accommodation of Trauelors." He
probably acquired Mattinneconk Island about the same time. Two years later he
was " plundered by the Indians and by them utterly ruined as is well known to all
y e world," as he declared with bold hyperbole in 1679.— Records of Upland Court
(Memoirs Penn. Hist. Soc, VII.), 140-1. He claimed to have lost 5,000 guilders by
this raid.— N. Y. Col. Docs., XH., 476. In 1687-8 (February 15). Peter Alrichs was
given by Governor Nicholls, of New York, a grant for two islands " southwest from
ye IslaDd comonly called Matineconck.''— 2 Penn. Archives^ll., 721. In September,
1671, the sister of an Indian named Tashiowycans died. The unhappy savage
" exprest great Grief for it and said the Manetto hath kill'd my Sister, & I will go
and kill the Christians, so taking another [Wywannatamol with him he" sallied out
and killed two Dutchmen, Peter Veltscheerder and Christian Samuels, at Tinnag-
516 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Jersey under the Royal Patent of King Charles the
second in 1664 been esteemed a part of that Province;
— the Channel of the Delaware running between it
and Pennsylvania. — And Whereas by an Act of As-
sembly made and passed in the year 1682, the said
Island was vested in the town of Burlington, from
thenceforth forever to "be and remain to and for the
"use of the town of Burlington, and to others con-
cerned therein within the first and second tenths;
" the Rents issues and profits thereout and therefrom
" yearly arising, to be (by the Overseers appointed or
"to be appointed in Burlington) employed, for the
"maintaining of a school for the education of Youth
"within the said town and the first and second
"Tenths." — And Whereas the said Island, from all
that appears, hath ever since been 'peaceably possessed
by the said town of Burlington, being upwards of 92
years ; in which time considerable improvements have
been made thereon; and its rents now give con-
stant instruction to about 25 poor Children, many of
cong island, the men being in the service of Mr. Alrichs.— Records Upland Court
149; 3 Perm. Archives,V., 601-11. A general war between the whites and the Indians
was averted only by the prompt action of some of the latter, who caused one of
the murderers to be killed as soon as found, in the ensuing December.— 76., 611.
Meantime, measures were taken to fortify Matinneconk island against any further
attacks.— lb., 603. When the first Quaker settlers " sailed up the Delaware, the
sixteenth of sixth month, 1677, (old style), they got to a place called Chygoes Island,
from Chygoe, an Indian Sachem, who lived there," we are told by the very accur-
ate historian, Samuel Smith. This " Indian Sachem," however, was doubtless the
Frenchman, Peter Jegou, the tavern-keeper on the opposite point, for a year later
the settlers said themselves, in a writing still extant, that when they arrived at
Matinneconck island they found it in possession of Henry Jacobs, who was "equally
concerned with Peeter Jegoe and both tennants to the Governor for the Hand
afforsaide," Jacobs being of great service to them subsequently in their inter-
course with the Indians, whost: language he understood —N. Y. Col. Does., XII.,
615. In 1678 (November 14), Robert Stacy, one of the Yorkshire commissioners of
the Burlington Colony, obtained from Governor Andros, of New York, and who
assumed jurisdiction over the whole of the former New Netherlands, a lease for
Matiniconk Island, for the term of seven years from January 1, 1679, '.' with all the
Houseing, Lands, Pastures, Feedings, Bieadowes, and Appurtenances to the said
longin : or in any wise appertaining now or lately In the tenure or Occupa-
con of Peter Jegoe and Bendrick Jacobse in partnership." The yearly rental was
to be "thirty Bushellsof good winter wheate."— lb., 611. Friend Stacy appears
noi unnaturally to have anticipated trouble in ejecting Jegou and Jacobs, and on
November 18 secured from Governor Andros an order to the English commander
1774] ADMINISTRATION OE GOVERNOR FRANKLIN. 517
whom, its presumable, wou'd otherways never receive
the benefits arising from a well regulated School. —
Hence, we are well informed, that on an application
to the Crown for a Grant of the Islands in Delaware
upwards of thirty years past, a minute was entered on
the Council books, that if ever a Grant of those Islands
shou'd pass — Burlington Island shou'd be excepted. —
The rents of the said Island being solely applied to
this Charitable use, the Overseers, thereof, duly chosen
as aforesaid, desire, that this may be a Caveat in the
Plantation office against any Grant of the said Islands,
passing the Seals untill they are first hear'd in support
of their title thereto.
Ellis Wright Tho? Rodmann
Sam 1 ; Allinson Sam l How
Chris r . e Wetherill John Hoskins
Burlington 16*? IS 1 ! 1 Mo: (Decern") 1774
on the Delaware to put him in possession of the island.— 2 Penn. Archives, V., 709,
A number of the principal settlers of Burlington remonstrated against this lease,
that " another should so come to sucseed [Jegou and Jacobs] that hath been enter-
tained as a stranger in time of necessity."—^. Y. Col. Docs., XDI., 615; N. J. Ar-
chives, I., 287-8. In 1682 (September 28), the West Jersey Assembly passed an act
vesting the possession of the island in the town of Burlington, " the Rents, Issues
and Proffits thereout and therefrom Yearly arising to be employed for the Main-
tenance of a School for the Education of Youth within the said Town, and in the
first and second Tenths."— Learning and Spicer,_££u- Perhaps the establishment
of the supremacy of the title of the West Jersey Proprietors over the usurpation
of Governor Andros, induced Stacy to yield his claim under his lease. At all
events, he was a member of the Legislature which passed the act, and there is
nothing to show that he opposed the measure. The right of the Assembly to thus
dispose of the island does not seem to have been admitted by the Proprietors, for
in 1711 it was surveyed " to Lewis Morris as Agent to y c West Jersey Society by
Thomas Gardiner, Survey Genl.," being by him called "Matoneconk Isles," and
said to contain 400 acres.— Records Upland Court, 141, n. In 1767 the citizens in
town meeting resolved to "constitute a Public Free School in the city of Burling-
ton, and that the rent of the Island should be applied to the use of the Free School
for which purpose the said island was vested in the town." It was also agreed
that the moneys so arising should be applied to the education of orphan and indi-
gent children exclusively.— Hist. Burlington and Mercer Counties, 143-5. The
property has been thus used for school purposes ever since the action mentioned.
The income supports one of the public schools of Burlington. What a contrast
between 1671 aud 1886 !— |W. N.]
518 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Letter from Samuel Holland, Surveyor -General of the
Northern District of North America, to Mr. Poiv-
nall.
[From P. R. O; B. T.. Plantations General, No. 29, W 9.]
Perth Amboy, New Jersey, 20th Detf 1774
Sir,
Your Favor of the 7 th July, arrived here only a
Week ago, owing as I imagine to its having made the
Tour of Canada, it being marked Montreal October 30:
It would have been immediately answered, had I not
Then been necessarily absent, making Astronomical
Observations for settling the 42 a Degree of Latitude
on Delaware Eiver; from which Business I came here
the 17 th Instant: A Copy of my proceedings therein,
I herewith inclose.
I am much obliged by your Attention to my Service
in desiring M- Desbarres to send me a Copy of his
Nova Scotia Surveys, as he intends them for the Pub-
lic; and I shall be glad when they arrive, that I may
prepare them to join my General Projection, which is
only retarded for that reason, as I have mentioned
before.
It however gives me Infinite Chagrin, after my La-
bors have been honored with continued Approbation
in every Letter hitherto received, to learn for the first
time, that none of the Plans I have transmitted can
be applied to Any public Use or Advantage, untill the
General Map under one General Scale is transmitted
likewise: However disagreeable my Feelings must be
on this Intimation, they are made still more so, by
my being Ignorant in what these Plans are defective;
when I consider the Esteem formerly expressed for
them; & the Pains I & my Party have taken to make
them worthy of it.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 519
The General Map referred to, will undoubtedly give
a More comprehensive Idea of our Surveys, than the
Same could, if seperated into several Parts tho' exam-
ined successively; & it has been my Ardent Wish to
be able to send It sooner, than It could be expected, as
well for the Purpose mentioned, as that I had nattered
myself it would be a Credit to all employed in the Ex-
ecution. But notwithstanding my Endeavors such
Obstacles have arisen, as have occasioned a Delay by
no means pleasing to me; a Delay that I must still
hope will be fully apologized for, when the Work ap-
pears, in the Complete Character I intend it shall.
Late as this General Map must necessarily be in per-
forming, I nattered myself, that Government would
be sufficiently informed of our strict Attention to this
Part ' of the Public Service, as well as derive all the
requisite Lights, this Business was expected to give,
by the two Sets of Plans I sent from Time to Time;
the one on a Scale of 4000 feet to an Inch, intended to
shew as minutely as was necessary the Situation of
each Place, & the other of 2 Miles to an Inch intended
to 
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