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

A.RCHIA^ES 



STATE OF NEW JERSEY. 



FIRST SERIES 



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

Nathaniel Niles, Clihi, 
Joel Parker, 
William Nelson, 
Garret D. W. Vroom, 
Frederick W. Bicord, 



DOCUMENTS 

\No./J3fY- 



RELATING TO THE 



COLONIAL HISTORY 



STATE OF NEW JERSEY. 



EDITED By 

FREDERICK W. RICORD AND WM. NELSON. 



VOLXJ]VIE X. 

ADMINISTEATION OF GOVERNOE WILLIAM FRANKLIN. 



1767-1776. 



NEWARK, N. J. : 

DAILY ADVERTISER PRINTING HOUSE. 
1886. 



':'i 



^I3| 

V. 10 
ucA set" 



a 



PRINCIPAL SOURCES 

WHENCE THE DOCl'MENTS IN THIS VOLUME WERE OBTAINED. 



Puhlic Record Ofice, London, England. 

Manuscripts of the Neiu Jersey Historical Society. 

Manuscripts of William A. Whitehead. 

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

Docmnents relating to the Colonial History of the State of 

Neiv Yorh. 
Neiv Yorh Colonial Ma^iuscripts in the State Library at 

Albany. 
Pennsylvania Colonial Records, and Pemisylvania Archives. 



»> at 



MA/? 3 ,g,4 



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., \T:I.," read " N. 
J. Archives, VII., VIU" 

Page 2G9.— In note, for " March 5 " read " March 4." 

Page 303.— In note, James Lawrence. studied law l';94-6, instead of 1T84-6. 

Page 311.— In note, for " Chancy " read " Chauncy." 

Page 342.— The reference in the last line of note is to Hawkes and and Perry's 
Historical Notes, appended to the reprint of proceedings of the First Protestant 
Episcopal General Conventions in the United States. 

Page 413.— In note, for " One, Samuel Ford, was appointed," read " One Samuel 
Ford was appointed." He was probably not the person referred to in the text. 

Page 417.- In note, for "The representatives * * * was," read "The repre- 
sentatives * * * were," etc. 

Page 426.— In addition to the facts given on this page in relation to Chai-les Read, 
it may be mentioned that in Charles P. Keith's " Provincial Councillors of Penn- 
sylvania," Philadelphia, 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^t j-ear 
of his ase. He married 1st, Blarch 18, 1712, Rebecca Freeland, who was buried 
August 17, 1712; 2d, November 1, 1713, Anne Bond, daughter of Thomas Bond; bhe 
was buried February 18, 1731 : 3d. October 17, 1733, Sarah Williams, widow of Joseph 
Harwood. His first child was Charles Read, baptised February 20, 1714-1.5, aged 2C 
days. He was admitted to the Pennsylvania bar October 10, 1753. He married. 
June 11, 1737. Alice, daughter of Jacob i'hibou, a merchant of Antigua; she was 
bom November 6, 1719, died at Bm-hugton, N. J., November 13, 1769. Mr. Keith 
says Judge Read continued in office as Judge, and Collector of Burlington, " until 
the Revolution," which is incorrect. He also says he was that Col. Charles Read, 
of the Second Burlington Battalion, who sought a protection fi-om Col. Donop, in 
1770, which unpatriotic act was ascribed to Adjutant-General Joseph Reed for 
nearly a century, until the mistake was corrected by Adjutant -General Stryker, of 
New Jersey, in 1876. Judge Read left three children: 1. Charles, born September 
24. 1739, died November 20, 17S3; 2. Jacob, boi-n January 1, 1741-2, died Septem- 
ber 14. 1783; 3. James. If Judge Read settled in the West Indies in 1774, as was his 
intention, according to the letter of Governor Franklin, it would seem more prob- 
able that it was his son who was the Col. Charles Read in question.— [WN.] 

Page 573.— In last line of note, for " as " read "' are." 



CONTENTS. 



PAGE 

1767 — July li). — Commission of Maurice Morgann, as Secretary of 

the Colony of New Jersey 1 

" " 1(). — 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 
attempt 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 theii' 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 26 

*' " 13. — Governor Franklin to Charles Read — The Case of 

John Wilkes — Benjamin Franklin's Accounts 28 



Vi CONTENTS. 

PAGE 

]76g — June 14. — Letter from Governor Franklin to Secretary Hills- 
borough, giving an account of the manufactures, 
produce and trade of New J ersey 29 

" " 14. — Letter from Governor Franklin to Secretary Hills- 
borough, relative to the New Jersey Act of 1 767, 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 

•' — July 11.— ^Circulav 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 Secretaiy 
Hillsborough, relative to a letter from the Speaker 
of the Massachusetts Bay 36 

" " 25. — Affidavit of Stephen Skinner, relative to the rob- 
bery of the East New Jersey Treasury 37 

" — Aug. 3. — 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, 17G7, appointing 
Commissioners for supplying the Barracks, etc 41 

'• '• 13. — Letter from Governor Franklin to the Earl of 
Hillsborough, recommending 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 
PrankUn, 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 
Hillsborough, relative to a bill for striking £100,000 
in bills of credit, to which he, the Governor, had re- 
fused his assent, desiring instnictions 48 

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

Hillsborough, relative to tiie complaint made by the 
Commissioner of Customs in America to the King.. 53 

" " 26. — Commission of Governor Franklin to C'harles 
Read, John Smith and Samuel Smith, to take charge 
of the Seals dui'ing his absence - 54 

" " 27. — Letter from Governor Franklin to Secretary 
Hillsborough, relative to a treaty with the Indians 
for settling boundary between them and the North- 
ern British Colonies 55 



CONTENTS. Vll 

PAGK 

1768 — Sept. 2. — Circular Letter from the Earl of Hillsborough to 
the Governors in America, relative to letters re- 
ceived by thera from His Majesty's Secretary of 
State - ---- 57 

" — Oct. 13. — 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 
Assemlily 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 -. 97 

" " 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 of 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 bUls 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 ATuerica, informing tliem that His 



Viii 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 

" — Dee. 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 FrankUn to Secretary Pow- 
nall, relative to the provision for the support of the 
King's troops 141 

" '* 12. — Letter from Henry Wilinot 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 143 

" " 24, — Letter from Governor Franklin to the Earl of 
Hillsborough, transmitting Chief-Justice Smyth's 
Memorial 144 

" " 24. — Memorial of Chief Justice Smyth respecting his 

salary ___ 146 

1770— Jan. 18.— Letter from the Earl of Hillsborough to Governor 
Franklin, correcting an error in regard to the Chris- 
tian name of Mr. Skinner 147 



CONTENTS. IX 

PAGE 

1770 — J an. 28. — Letter from Governor Franklin to Cortlandt Skin- 
ner, relative to the riotous proceedings in Monmouth 
Coiinty 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 173 

•• " 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 flre to the stable of Da^dd Ogden . . 183 

" " 28.— Ordinance in relation to the Court of Chancery.- 184 

" " ol. — Pardon of John Dodd and David Dodd, convicted 

of rioting at Horseucck 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 sui-veyors 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 m 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.— Kepresentation from the Lords of Trade to the 
King, relative to an Act regulating the practice of 
the law in New Jersey - - - 109 

" —Sept. 29. — Letter from Governor Franklin to the Earl of 
Hillsborough, relative to the displeasure of the As- 
sembly at the 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 j^rovision 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. 6. — 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 Cape May. - 209 

" •' 11. — Letter from the Earl of Hillsborough to Governor 

Franklin, transmitting two orders of Council--- .- 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 seat 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-- 321 

" " 14. — Letter from Governor Franklin to Ma jor William 

Trent 227 

" —March 1. — Letter from John Pownall to John Robinson, 

relative to a bounty upon slaves from America 239 

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

HiUsboi'ough, relating to recruiting parties, and 
making provision for 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. — Eeport of Richard Jackson, Esq., on eight Acts 
passed in the Province of New Jersey 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, ajapointing Daniel Coxe a mem- 
ber of the Council of New Jersey 273 

" " 4. — Letter from the Earl of HUlsborough 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 impers con- 
nected therewith 275 

" — June 1. — Letter from GoA^ernor 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 
of the Assembly of New Jersey 300 

" —July 3. — Letter from the Earl of IIillsborou:;h to Governor 
Franklin, approving his conduct in the matter of 
recruiting the King's forces 301 

" " 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 comi^laint 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 



Xll CONTENTS. 

PAGE 

1771— Oct. 13.— 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 to Richard Jackson, de- 
siring his opinion in regard to the resignation of a 
member of the Assembly of New Jersey 319 

" " 36. — Letter from Governor Franklin to the Lords of 
Trade, acquainting them with the appointment of an 
Agent for New Jersey. 330 

" " 37. — 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 - - . 331 

1773 — 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 333 

** " 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 Colonies, restraining them from assent- 
ing to laws by which the lands, etc., of persons who 
have never resided within the (blony may be at- 
tached for debt - . 334 

" " 30. — Letter from Benjamin Franklin to Governor 
Franklin, in relation to the appointment of Colonial 
Agents in England .. 330 

" — Feb. 1. — Representation from the Lords of Trade to the 
King, submitting a draft of the instructions di- 
rected to be prepared in the foregoing order 337 

" " 3. — Order in Council approving the draft of the fore- 
going instruction 329 

" " 13. — Representation from the Lords of Trade, with a 
draft of an 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 J 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 

1773_Oct. 13. — 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 tlie 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 oflB- 

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 
Dai'tmouth, 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 lands 402 
" 10. — lictter 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 the servants of the Crown 405 

— June 2. — Letler 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 Earl of 

Dartmouth, relative to the boundary line between 

New York and New Jersey 407 

— Aug. 7. — Letter from the Earl 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 

titlesof lands.... ---- 410 

" —Dec. —.—Extract from a letter from Cortlandt Skinner to 
Philip Keamy, relative to the proceedings of the 

Assembly in regard to the Treasurer. - 413 

5._Letter from Cortlandt Skinner to Philip Kearny 

in reference to the Treasurer 414 

19. —Letter from Cortlandt Skinner in relation to the 

41 'i 

Treasure!- --- - ^^"^ 

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 x\ct ----- 416 

(4.4 —.—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 SherifE of Morris County, charged with allow- 
ing Samuel Ford to escape from Jail 419 

.i ii 24.— Message of Governor Franklin to the Assembly, 

transmitting the resignation of the Treasurer, 

Stephen Skinner 420 

,i 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 

Co^micil ;-- ^''^'^ 

a ii 28.— Commission of Richard Stockton as Associate 

Justice of the Supreme Cburt 427 

" —March 10.— Circular Letter from Mr. Powuall to the Gover- 
nors, inclosing the King's message to Parliament 
relative to the disturbances in the Colonies 431 

a ii 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... ^^^ 

" —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 County 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 biing 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 

" " 21.— Letter from the Conmiittee of Correspondence at 

Boston to the Committee of Monmouth County 498 

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



CONTENTS. XVli 

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 
l^apers 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 thii-ty-three Acts 
passed in the Province of New Jersey in March, 
1774 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 Ovei'seer 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 

" ■' 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. 3. — 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 536 

" — 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 



XVm CONTENTS. 

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 

" " 23. — Circular Letter from the Earl of Dartmouth, ex- 
pressing hopes of a restoration of the public tran- 
quility 553 

" — March 3. — Cireidar Letter fi-om 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 
Shrewsbmy 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 

" " 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 Earl of Dartmouth, rela- 
tive to the order of the Commander-in-Cliief 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 every one 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 
Dartuiouth, 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-exportation and appointing a 
fast day_-_ 597 



COKTENTS. XIX 

PAGE 
1775— May 37.— Letter from Samuel Holland to the Earl of Dart- 
mouth, transmitting the plans of last Summer's 
survey 599 

" " 27. — Proceedings of the inhabitants of Shrewsbury 600 

" — June 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 

" " 5. — Letter from Governor Franklin to the Earl of 
Dartmouth, complaining that his dispatches are 
opened at the Post Oifice, and announcing that 
Congress had assumed command of the militia 656 

" " 20. — Letter from Samuel Holland to the Earl of Dart- 
mouth, relative to the boundaiy 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 Stii'ling had accepted a Colonel's Commission 
from Congress; and no one would consent to be 
nominated for a place in the Council 662 



XX 



CONTENTS. 



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 fi'om the Earl of Dartmouth, en- 
closing the King's speech -. 607 

" — Nov. 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 

'• — Dec. 3. — Letter from Governor FrankUn 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 France 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 7I9 



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 Ofiice, Treutou, fol. 1.] 

George the Third by the Grace of God &c. To all 
to whom these Presents shall come Greethig, 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,' 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 Csesarea 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 witli all such 
Fees Rights Profits Priviledges and advantages as 
Christopher Coates Esquire Deceased," or any other 
secretary of our said Province hath formerly Held 



' November 13, 1766. 

2 Coates had been continued in office by order of the King: in Council, March 17 
1701.— ^". J. Archives, IS., 357. 



S ADMINISTRATION" OF GOVEENOR 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 Noiu 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 Caesarea or New Jersey 
And further' know 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 Ca3sarea 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 ])resents to 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 Ca?sarea or New Jersey in America, unto him 
the said Maurice Morgann by himself or his Sufficient 



1767] ADMINISTKATION OF GOVEKNOK FRANKLIN. 3 

Deputy or Deputies' for whom he shall be answerable, 
during our Pleasure together with all such Fees Rights 
Priviledges advantages perquisities and Emoluments to 
the said Office or Offices Eespectively in any wise 
belonging or Appertaining. And lastly Wee do hereby 
Grant unto the said Maurice Morgann that these our 
Letters patent or the InroUment 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." 

By Writ of Privy Seal 15th July lYGT. 

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.' 

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 CarefuUy Examine 
the annext Paper Writmg purporting to be a Copy of 
Letters Patent Granted by his Present Majesty to 
Maurice Morgann Esquire of Certain Offices therein 

' Morgann was in New Jersey two years later, apparently to look after the ad- 
ministration of the office. See post, under date of October 27, 1769. 

- At first glance this date is inconsistent with that first given above. But King 
George II. died October 25, 1760.— A^. J. Archives, IX., 343. ("On the 25th day of 
October, 1760, 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."— T/iacfceraf/'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 posi, under date of October 27, 1769. 



4 ADMINISTKATIOJ^ OE GOVERNOR FRANKLIN. [llQl 

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 Eecord 
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. J 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 Pursuance 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 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 & Depose to be true 
the several matters and things mentioned & Contained 
in the said Annexed Affidavit. 

*' ' ^* In faith & testimony whereof I the said 
j Seal 01 j Lord Mayor have caused the seal of the 
-\ the City 01 y Office of Mayoralty of the said City of 
(^ London. ^ 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 Jan. 176S. Exd. per C. P. 



1767] ADMINISTRATION OF GOVERNOR FRANKLIN. 



Deputation from Maurice Morgann to Josepli Reed, 
Jr., to he Deputy Secretary of the Colony of Neiv 
Jersey. 

LFrom Book AB of Commissions, in Secretary of State's Office, at Trenton, fol. 4.] 

To ALL TO WHOM tliesG Presents shall come, Maurice 
Morgan of Parliament Street Westminster, Esquire 
Sendeth Greeting WJiereas 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 Reign Did Give and 
Grant unto the said Maurice Morgan the Offices and 
Places of Secretary, Clerk of the Council, Clerk of the 
Supi'eme 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' of the Colony of New Jersey aforesaid 



1 Tliis is tiie person wlio figures in liistory as Wasliington'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 Trenton, New Jersey, August 27, 1741; soon after, his father 
(Andrew Reed), removed to Philadelphia, where he lived until 175^, 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 
1703, and then went to London, where he entered the Bliddle Temple, remaining 
there imtil the spiing of 1765, when he returned to America and began practising 
law ip 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.] 

Morgann while pursuing his law studies in the Middle Temple ? 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 37, 1769), and his father having 
died that same year (December 16), in March, 1770, he went to England to claim 
his promised bride (Esther De Berdt), with whom he returned in October, when he 
settled in Philadelphia, and thereafter was identified with the history of Pennsyl- 
vania.— iJeed's Reed, I., 3G-42; Hist. Pres. Church in Trenton, by John HaU, D. D., 
New York, 1859, 74, 75, 196-200.— [W. N.] 



17fi7] ADMINTSTRATIOlSr OF GOVERNOR FRANKLUST. 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. 1 768. 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 Parhament 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 Deponent, Wm. Chamberlayne. 

Sworn the 16th day of July 1767 before me 

RoBT. Kite, Mayor. 

Recorded 5th Jan. 1768 Exd. C. P. 

To all to tuhom these presents shall Come I Sir Rob- 
ert Kite Knight Lord Mayor of the City of London Li 
Pursuance of an act of Parliament made and Passed 



8 AUMINISTKATION OF GOVERNOK FEANKLIN. [1768 

in the fifth year of the Keign 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. 

In Faith and 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 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 176^. Exd. per C P. 




Commission of Joseph Reed as Provincial and Prin- 
cipal Surrogate of New Jersey. 

[From Book AB of Commissions, Secretary of State's Office, Trenton, fol. 8. | 

By his Excellency Wilham Frankhn 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] ADMINISTKATION OF GOVERNOR FRANKLIN. 9 

ill 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 fuU 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 herehy 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 
Offtce of Surrogate doth belong and appertain, so long 
as you shall Continue Deputy to the said Maurice Mor- 
gan under the Appoinonieut 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 tliird 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. Frankun. 



Circular Letter from the Earl of Hillsborough, to all 
the Governors in America, informing them of his 
appointment as Secretary of State for the Soiith- 
ern Department. 

[From Plantations General <S. P. O.) CCLIV., No. 1.] 

Whitehall Jan: 23. 1768 
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] ADMIISTSTRATION OF GOVERNOR FRAISTKLIN. 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 sipjnify 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"' 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 j)articular 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 & Apph- 
cation I can give, I may be able to fulfill His Majesty's 
most gracious Intentions, and I take the hberty 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 &,'' 

Hillsborough 

1 See New Jersey Archives, IX. , 566. 



12 ADMINISTRATION OF GOVEKNOR FRANKLIN. [1768 



Ltitter 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, Feb'ry 237^ 1768 
Governor of New Jersey. 

Sir, 

Since the Earl of Shelburne's Letter to You, dated 
the 18*!' of July last,' 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 dutyfuU 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, , 636. 

2 This act was passed June -M, 1767.— Allinson's Laws, 300-1. The Board of Trade 
recommended its repeal, June 10, 1708, and it was repealed by the limp; in Council, 
August 12. 1768.— See post, under these dates. See also N. J. Archives, IX., 57G, 
note.— LW. N.] 



1768] ADMIiSriSTRATIOK OF GOVERKOR FRANKLIN. 13 

America, will very soon come mider the Consideration 
of the King's Servants/ 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 &cf 

Hillsborough. 



A71 Account of His Majestifs 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 20!? day of 
Apeil, 17()8. 

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 En!::cland 
should "appropriate some of the Monies arising out of the Revenues of the Crown 
in America, and the Defraying of those Expences for the futiu-e.'" — JV. J. Archives, 
IX., 643.— [W. N.l 



14 ADMIN^ISTRATION 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, -11. ITGS 
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 i^rin- 
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 prevailing upon 
the Assembly of your Province to take no notice of it, 
which wiU 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 

thelaws,and of their faithful Attachment to the Con- 



1768] ADMINISTRATION OF GOVEENOR FRANKLIN. 15 

stitution, leave little Room 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,' it will be your 
duty to prevent any proceeding upon it by an imme- 
diate Prorogation or Dissolution. 

I am &^^ 

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 Hew^lings 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 mialterable 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 his consent; that the American subjects 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 pui"pose 
of raising a revenue, are infringements of the natural constitutional rights, because 
as they are not repi'esented in the British Pai'Iiament. His Majesty's Commons in 



16 ADMINISTRATION OF CxOVERNOR 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' of the City of 

Britain by those acts grant their property without their consent; that were the 
right of Parliament ever so 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 
himible, 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 secmity 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 ;the 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, wliich authorizes them to make as many appointments as they think fit, 
and to pay the appointees what sums they please, for whose mal-conduct 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, oiu- 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 the circular which Lord Hillsborough denoimces as a " seditious paper," 
declaring it to be the duty of the Governors of the Provinces to prevent any pro- 
ceedings upon it. 

I Daniel 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, but 
by no means devoid of energy. On the contrary, being chosen to the office of 
Surveyor-General, he filled it many years with great ability. He was a real estate 
lawyer and conveyancer 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 lawfuU 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 shaU 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 liis 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 Burlinqton, a 
Familii History, Philadelphia, 1S77, 117.— [W. N.J 



18 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 



Address and Petition of the Assembly of New Jersey 
to the King, praying relief from Acts of Parlia- 
ment imposing a duty on them for the pturpose 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 SuppUcations 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 Fehcity of those Dominions, and 
of Europe in general, established in your illustrious 
House, our Ancestors with the Consent of the Crown 
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 
Companions to the inhospitable and unknowni Wilder- 
ness of this new World, the Horrors of which no Con- 
sideration could render tolerable, but the Prospect of 
enjoying here 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 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

Penetratod^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- 
dination 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 Lilberties, 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 
poimlous 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 
procure your People a Prosperity equal to your Love 
of them, encourages Us with all Humility to pray, 
that 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 <*>'.'' 1 708. 



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. 174 (193). 1 

Virginia, May 9*", 176S. 
Sir 

The House of Burgesses of this Colony having very 
Attentively Considered several late Acts of the British 
Parhament, 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 law^s 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 ADMINISTRATIO]Sr OF GOVERNOE FRANKLIN. [1708 

the British parhament. 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 abiUties 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 & 
transmitted 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 Colonies Hence a Legislative authority essential in 
all free states was Derived and assimilated as nearly 
as might be to that in England the executive power & 
the Right of assenting or Dissenting to all laws Re- 
served to the Crown & the privileges of Choosing 
their own Representatives Continued to the people & 
Confirmed to them by repeated and Express Stipula- 



176S] 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 Requisitions Have constantly Been made 
from the Crown to the ReiDresentatives 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 Grandfather afford Early (de- 
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 
oppei'tanity 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 aU 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 GOVERNOR 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 w^hole 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 Sij- 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 m a Remonstrance to 
the Knights Citizens & Burgesses of Great Brittain hi 



1768] ADMIKISTRATION 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 Esqr 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 W 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'.*' Serv^ 

Peyton Randolph, Speaker. 



26 ADMINISTRATION OF GOVEIINOR FEANKLIN. [17'i8 



Repi'tsentat ion from the Board of Trade to I lie King, 
recommend inc/ the repeal of an Act to appoint 
Commissioners for suprplying the several Bar- 
racks, etc. 

[From P. R. O., B. T., New Jersey, Vol. 17, p. 306.1 

Whitehall, June 10, 17<iS. 
To the Kings most Excellent Majesty. 

May it please your Majesty, 

Amongst the Laws passed in 3'onr Majesty's Colony 
of New Jersey in June 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 
" thro' the same, for supplying Deficiencies, and De- 
" fraying other incidental Chai^ges." Whereupon we 
beg leave humbly to represent. 

That 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 bid down relative to 
the quartering your Majesty's 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 Bar- 
racks in your Majesty's Colony of New Jersey is made 
the Act of the general Legislature, deviating thereby 
from the directions of the Act of Parliament, wliich 
empowers the Governor and Council to authorize and 



17fi8] 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 Parhament, 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* 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 Beddiug 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 Disallo^vance. 

Which is most humbly submitted. 

Clare. Soame Jenyns. 

W! FiTZHERBEKT. ThO ! ROBINSON. 



28 ADMINISTllATION OF GOVERNOR FRANKLIN. [1768 



Governor Frmiklin to Charles Read^The Case of 
John Wilkes — BenjaiiiiiL Frankiiu''s Accounts. 

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

Burlington June 13, 176s. 
Dear Sir 

I receiv'd yoar Favour by M' Smith for which I am 
much obliged to you. 

The Packet is arriv'd, but has brought no extraordi- 
nary News. By a Letter from Lord H.' 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 AVestminster, bat the Court deter- 
mined that they could not take Cognizance of his Out- 
lawry, 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'? 
Writ has been since serv'd upon him, & the Legahty 
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 & 9"} being the Ballance of Mr. Sherwood's' 



1 Lord Hillsborough. The reference is doubtless to the circular letter of April 21. 

2 The notorious John Wilkes, whose arrest for libel on a general warrant, April 
30. 1763. and his subsequent audacity in defying the officers of the I'rown, the 
Courts and Parliament, by all of whom he was unduly persecuted, in the view of 
the people (the Government spending £100, (X)0 in prosecuting him), made him a 
hero 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 his 
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- 
lawrj'), was rescued by the mob, again surrendered himself and had his outlawry 
reversed, but was sentenced to twenty-two months' imprisonment and £1,000 fine.— 
May's Constitutional Hist. England, Chapters vii, si; Works of Benjamin Frank- 
lin, by Jared Sparks, Boston, 1S40, VH., 400, 403, 413.— [W. N.]. 

^ Joseph Sherwood, New Jersey's Provincial Agent in England. 



17G8] ADMINISTRATION OF GOVERIsrOR FRANKLIN. 29 

Acc- with you, which he desires me to pay you: you 
will therefore charge me with that Sum. The Acc- is 
euclosVl. I should be glad to have your Acc^ with me 
settled as soon as you conveuiently can. 
I am, with much Esteem, 

Dear Sir, Your most obed' Serv' 
W™ Franklin. 

[Addressed: "To The Hon^.'« Charles Read, Esql- " 
Endorsed in another hand: " Governor Franklin Ord"' 
my Father to Charge him £9:9:4."] 

[Enclosure :] 

Benjn. Franklyn Esqr. on account of Charles Read with Jos: Sherwood. 



Dr. 
To Bill for Business done 20 — 3 
To Bal lance due to B. 

Franklyn - - - - 9 19 9 

£30 



Cr. 
1707. By Cash received - - 30 



Letter from Governor FrauMia to Secretary Hills- 
borough, giving an 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'^^^ the Earl of Hillsborough. 

Burlington, New Jersey, June 14th, ITOs. 
My Lord, 

Your Loi'dships Letter. N. 3, enclosing a Duplicate 
of the Address to His Majesty from the House of 
Commons of the 27*'' of March 1760 I have had the 



' Writing to his son, the Governor, under date of March 13, 1768, Benjamin 
Franklin says: " Mr. Grenville complained in the House, that the Governors of 
New Jersey, New Hampshire, East and West Florida, liad 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 wenf 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. [1708 

Honor to receive. The Lords Commissioners for 
Trade & Plantations did, as your Lordship mentions, 
transmit to me a Copy of that Address, v^^hich I re- 
ceiv'd in Dec- 1706; 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' 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, ho 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 call'd 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 wculd send your accoimt before 
the meeting: of the next Parliament. You have only to report a Glass house for 
coarse window glass and bottles, and some domestic manufactures of linen and 
woolen for family use, that do not half clothe the inhabitants, all the finer goods 
comuig from England and the like. I believe you will he puzzled to find any other, 
though I see great puffs in the papers."— TForfcs of Benjamin FranMin. VII., 393. 
The glass house referred to was doubtless that established by C'aspar Wistar, in 
1738, on AUoway Creek, Salem county, and carried on after his death in 1752, by his 
son, Richard, until 1781, and for some time thereafter by the latter's son, John 
Wistar. Visitors used to journey many miles to see the rare and interesting siglit 
of a glass factory.—/?. M. Acton, in Penn. Hist. Magazine, for October, ms5, 344. 
The information desired by Mr. Grenville had been asked for by the Lords of Trade 
in a dispatch of August 1, 1766.— iV^. J. Archives, IX., 563.- [W. N.] 

' N(Mther of these reports has been found. 



1768] ADMINISTRATION OF GOVERNOK 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 m 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 -Fiirnace, 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 Grlass House was erected about Twenty Years 
ago in Salem County, which makes Bottles, and a very 
coarse Green Grlass 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 canuot 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. Nothiag but Grain and Lum- 
ber, Pig and Bar Iron are nianufactui-ed lu^re 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 mauu- 
factured here, owing to the high Price of Labour. 



32 Ar)sriJS"isTRATioN of oovernor 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 
Expedient whatever. 
I have the Honor to be, with the greatest Respect, 
My Lord, Your Lordship's 
most obedient, & most humble Servant 

W^ Franklin 



From Governor Franklin to Secretary HiUsboroiu/h, 
relative to the New Jersey Act of ITOT, for quar- 
tering the troops. 

[From P. R. O., America and West Indies, Vol. 173 (191).] 

Burlington, New Jersey, June 14*!', 1T68. 
The E^ Hon^'*^ E. of Hillsborough. 

My Lord, 

I was lately honored with your Lordship's letter, N° 
4,informing me that the Law passed here in Jime,17('>7, 
for making Provision for Quartering His Majesty's 
Troops, was then before the Lords of Trade for their 



1768] ADMINISTEATION OF GOVEENOE FEAKKLIX. 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 comformable 
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 FBANKLIN. [1768 



Letter from Governor Franklin to Secretary Hills- 
horoH'jh, relative to a letter from the Speaker of 
the House of Representatives of Massachusetts 
Bay. 

[From P. R. 0., America and West Indies, Vol. 173 (191).] 

Burlington, June 1('>, 17()S. 

The Right Hon''^^ the Earl of Hillsborough. 

My Lord, 

I am just honoured with your Lordships Letter, N° 
G, 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 fii'st appointed to 
answer the Letter, yet I cannot find that any such 
Answei' was ever sent, or even prepared. The House, 
however, agreed, that an humble, dutiful, & loyal 
Address to His Majesty, respecting the late Acts of 
Parliament imposing Duties on the Colonies, should 
be prepared and transmittted 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 that there is at present a Disposition in the 



1708] ADMINISTRATION OF GOVERNOR FRANKLIN. 35 

People of this Colony to enter into any unwarrantable 
Combination with the Massachuset's 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 froin the Earl of Hillsborough to the 
Governors in America, directing them, to transmit 
their duplicates by the first opportunity thai 
offers. 

[From New York Colonial Documents, Vol. VIII, p. 82.] 

Whitehall, July 11, 17()S. 
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. 



36 ADMINISTRATION" OF ftOVERNOR FRANKLIN". [1768 



Letter from Gov. Franklin to Secretary HiUsborougJi, 
relative to a letter fro7u the Speaker of the Massa- 
chusetts Bay. 

IFrom P. R. O. America and "West Indies, Vol. r3(l!)l).] 

Burlington, July 11, 17G8 

To the Right Hon^'^' 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 Represen- 
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- 
chusets Letter on the 9'" of May, and tho' signed, as 
it 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 
no reason to believe that the last Assembly had any In- 
tentions of uniting farther with [that] of Massachuset's 
Bay than in Petitioning his Majesty, nor have I any 
cause to expect that the 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 Eespect, 
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 Skin iter,' relative to the robbery 
of the East New Jersey Treasury. 

[From N. Y. Co). MSS., Vol. XCV., p. 16, in the State Library at Albany J 

New Jersey, City of 



Perth Amboy, f ^^' 
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 



■ 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 Avorse, to the 
Treasurer, and usuig 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 comity 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 foimd 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 Comity," 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 aud 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 tiie 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- 
dled 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 which were also Stolen And this 
Deponent further saith that the Key with [which] he 
always opened the said Chest was commonly and in the 
Night in which the Robbery was committed locked up in 
an Escretoire in a back Room : That the Bills Stolen are 
of different Denominations from six Pounds 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 Hundred & Sixty three and One 
Thousand Seven Hundred and Sixty four Except about 
five or Six Hundred Pounds 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 

Pre: Smyth. 



Proclamation of Governor Moore, of New York, re- 
garding the Rohhenj of the East Jersey Treasury. 

[From N. Y. Col. MSS., Vol. CV., p. 48, in tbe State Library at Albany.] 

■^ — ^-^* By his Excellency Sir Henry Moore 

11 Baronet Captain General and Gov- 

j ( ernor in Chief in and over the 

'■^ — , — ■'^' Province of New York and the 

Territories depending thereon in America, 

Chancellor and Vice Admiral of the same. 

A Proclamation. 

Whereas it appears on Oath, that in the night of 
the twenty first day of July last, the Hou.^e of Stephen 
Skinner Esq^ Treasurer of the Eastern Division of the 



40 ADMIXISTKATION OF GOVEllNOK FRANKLIN. [1708 

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, dihgently to exert themselves in order to 
discover the Pei'petrator or Perpetrators of the Bur- 
glary and Felony aforesaid, and if found, him or them 
to apprehend and commit or cause to be apprehended 
and conmiitted 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 Yeai' 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. H. Moore 

By his Excellency's Command 
G^'' Banyar D Secry. 

God save the King. 
It appears by Governor Franklin's Proclamation of the 
twenty sixth of July that the Person who shall dis- 



1768] ADMINISTRATION OF GOVEKNOK FKANKLIN. 41 

cover and bring the above Offenders or either of them 
to Justi(;e will be entitled to Fifty Pounds from the 
Government of New Jersey, and to a farther Eeward 
of One hundred Pounds to be paid by M'" Skinner, and 
that any Accomplice making such Discovery, will also 
be entitled to his Majesty's most gracious Pardon. 

(The whole endorsed) 

31 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, 1Y67, 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. 9, K. 73.] 

At the Court at St. James's the 12"' Day of 
August 1768. 

Peesent. 

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"' of this Instant in the words following Viz^ 

"Your Majesty having been pleased by Your Order 
" in Council of the 2U'." of June last to refer unto this 
" Committee a Representation from the Lords Com- 
" missioners for Trade and plantations Dated the lo'" 
" of the same Month in the words following Viz^ 



43 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

" Amongst the Laws passed in your Majestys Col- 
" ony of Jersey in June 1707, there is one Entitled 
" An Act appointing Commissioners for Supplying 
" the several Barracks erected in the Colony of New 
'" Jersey with Furniture and other Necessaries for 
" accomodating the Kings Troops, in or inarching 
" 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 Eeign, for amending the Mutiny 
"Act, and for rendring it more Effectual in Your 
" Majestys Dominions in America." Various Eegula- 
" 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- 
" ment which Impowers the Gov^ & 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 
" near such place where Your Majestys 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 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] ADMIN"ISTRATION OF GOVERlSrOE 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 "^ 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 duriug 
" 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 
" 1706, 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 Majesty^ pleasure to admonish 



44 ADMINISTKATION OF GOVERNOR FRANKLIN. [1768 

the Governor of the province of New^ Jersey for hav- 
ing passed the said Law contrary to an Act of parha- , 
meut and this notwithstanding a Law of the same 
Nature, passed in New Jersey in 1Y66 has been before 
rejected by His Majesty in Council. 



Latter from Gov. Franldin to the Earl of Hillsborough, 
recoii I mending Mr. Richard Stockton to he ap- 
pointed a member of the Neiv Jersey Council in 
place of Mr. Woodruff, deceased. 

[From P. R. O. America & West Indies, Vol. 173 (191).l 

Burlington, Aiig'^ 1?>, ITOS 

To the Eight Hon'''" the Earl of Hillsborough. 

Mjj Lord 

I am just informed that M"" Woodruff, one of His 
Majesty's Council for New Jersey, died on Wednesday 
the 10"' Instant:' I therefore take the Liberty to recom- 



' Samuel Woodruff was one of ten sons of Joseph Woodruff, Jr., son of Joseph, 
whose father, John, was one of the origrinal settlers of Elizabeth-Town. Samuel 
was born about the first of the last centurj'. He was engaged for many years in 
trading to the West Indies and elsewhere. His signature was appended to the peti- 
tion in 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 Justice 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, 
1758-9, and 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, 
and sent his two sons, Benjamin and Joseph, to be educated there. As one of the 
principal men of the to-wn, and of generous hospitality, he was a great friend of 
Governor Belcher, and " his house was the ministers' home, as George Whitfield 
and the two Brainerds found it."— HatfiehVs Elizabeth-Totni, 320-1, 337, 378-9, 
383, 385, 400, 515, 517, 519, 583; N. Y. Hist. MSS., II., 624; Hist. Princeton Collef/e, by 
John Maclean, D. D., I., 156, 209, 2-19; Manual First Pres. Church, Elizabeth, 1858, 8- 
10. Mr. Woodruff was nominated by Governor Belcher as a member of the Council, 
November 19, 1756, and being appointed March 1, 1757, took his seat July 25, 1757. 
He was reappointed in 1761. He declined to attend a special meeting of the Council 
called by Governor Franklin to take action in relation to the Stamp Act.— iV^. J- 
Archives, VHI., Part 2, 236, 257; IX.., 274, 283, 511.— [W. N.] 



1708] ADMINISTRATION" OF GOVERNOR FRANKLIN. 45 

mend Richard Stockton, Esq!" of Princeton in this 
Province to succeed Ml' 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 misinform'd, 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"* 

W^/ Franklin 



Letter from Secretary Hillsborough to Governor 
Franklin, relative to the letter from the Assembly 
of Masachusetts Bay, and the Kincfs disapproha- 
tion of Governor Frank! in\s conduct in assenting 
to a laiv contrary to an act of Parliament. 

[From P. R. O. America and West Indies, Vol. 173 (191).] 

Whitehall Ifi"' August 17(58. 

Govf Franklin. 
Sir, 

On the 14"' of July I received your several Dis- 
patches addressed to me numbered from 1 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 Authoi'ity 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 
you, 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 Grovernor lays before The House sundry 
" Letters and Papers which he has just received from 



17G8] AmilNISTRATION OF GOVERNOR FRANKLIN. 4? 

"the Earl of Hillsborough One of His Ma'ty's Prin 
" cipal Secretaries of State," 

I have, upon this Occasion, had Recourse to tlie 
whole of my Correspondence, and cannot observe any 
one Letter of mine, which v^^as in it's nature either 
necessaiy 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 1767, 
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 x\ct of Parliament, and this 
notwithstanding a Law of the same Nature, passed in 
1760, 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 hail 
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 

' 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 
and void, in consequence of the Act of Parliament of 
the ()*:' of His present Majesty. 

I am &C'' 

Hillsborough. 



Letter from Gov. Franklin to the Earlof Hillsboi^oiir/h, 
relative to a bill passed hij the Assembly for strik- 
ing £li>(),0()0 in bills of credit, to ivhich he, the 
Governor, had ?'efused his assent, desiring in- 
structions. 

[From P. R. O. America and West Indies, Vol. 173 (191).] 

Burlington, Aug'' 24'.'' ITOS 
Right Hon^i« the Earl of Hillsborough 
Mij 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 Parha- 
ment, made the Money a legal Tender' (tho' I beheve 



' Tlie Assembly had doubtless talieu tliis liberty because the friends of a le;?al ten- 
der paper currency had strong hopes of getting the restraining Act of Parliament 
repealed. Writing February 17, 1 708, Benjaraiji Franklin informed his friend Joseph 
Galloway, of Pennsylvania, that he had had a long conversation on the subject with 
Lord flilLsborougli, who said that if application were made for taking off the re- 
straint as regai-ded Pennsylvania, New Jersey and New York, as Franklin proposed, 
■ 'it should have fair play ; he would himself give it no sort of opposition. ' '—FrankUn'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, VJL, 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 
17o4, when Parliament was about to enact the restraining bill, " no method has 
hitherto bfteu formed to establish a medium of trade, in lieu of money, equal, in all 
its advantages, to biUs of credit, fomided 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 exiDerience 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 
shipfiing 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."— TFbrfcs, II. , 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 comiji'ehensive 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, Geoi'ge Bancoft, informed the writer that he was then (although 
he had entered upon his eighty-sixth year) engaged on a "listory of paper currency 
in America, wliich he intended to be his tinal work, and Ijoped it might be instru- 
mental in warning the people of the United States against the dangers of flat 
money.— [W. N.] 
•i 



50 ADMIKISTRATION OF GOVEHNOR 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 
legal Tender. Advantage 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 Measm*e 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 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? (5. and 
therefore now send it herewith. 



Civil Establishment of New Jersey 1 Kis In Gov!" 
Francklm's (N° l») of 24 Aug 1 7«;8. 

The Salaries Annually granted to the Officers of tlie 
Government of New Jersey, amount to seventeen hun- 
dred and twenty five Pounds Currency, whicli at sixty 
f Cent, the Medium of Exchange with Great Biitain, 



J 



sterling per Ann. 


£750 





93 


15 — 


■t 31 


5 — 


31 


5 — 


- IS 


15 — 


25 





- 25 


— — 


18 


15 — 


- r>2 


10 — 


12 


10 — 


- 


5 — 



1768] ADMINISTKATIOJ^ OF GOVERNOR FRANKLIX. 51 

amounts to £1075' Sterling, and is thus divided in Ster- 
ling Money vizf 

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 

£1075 

The Incidental Charges and daily Wages during the 
Attendance on Legislative Business are, 

To the Members of the Council, and of the Assembly, 
three shilhngs and nine pence each ^ Day. 

To the Clerk of Assembly, five shillings IP 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 
W day. 

To the Governor for House Rent thirty seven Pounds 
ten shillings ^ annum. 

The other incidental Charges are such as arise from 
the repair of five Barracks built at the Expence of the 
Colony," each capable to Contain three hundred Men, 
and the Allowance by Law to be made to the Trooi)S 
from time to time quartered in them, which is 
altogether uncertain. 



' Sixty per cent, of £1725 make £1035, instead of £1075. 

- At Burlington, Trenton, 1 erth Amboy, New Brunswick and Elizabeth-Town.— A^ 
J. Archives. IX., 576, note. 



52 ADMMISTRATION OF GOVERNOR FRANKLIN. [1768 

Also an allowance to the Chief Justice, or other 
Justices of the Supreme Court, of six Pounds, five 
shillings SterUng 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 
^ 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 lim- 
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 
Real 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 Parhament. 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 AnnuaUy granted and Appropriated by Act 
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 Low, having been for the most part settled when 
the Province was in its Infancy, and as the Expense 
of Living is since greatly increased they are not suffi- 



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. 

Wf Franklin 



Letter from Gov . Franklin fo]the Earl of Hillslwrongh , 
relative to the Complaint made by the Coiuntis- 
sioners of Customs in America to the King. 

[From P. O. America and West Indies, Vol. 173 UQl).] 

Burlington, Aug'' 2.5, 1768 

To the Right Hon^''' 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'.' 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') 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 



' 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. [1768 

your Lordship will see them in the Minutes of the 
Council sent with my Letter N? H. 

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, 
John Smith and Samuel Smith to take charge of 
the Seals during his Absence. 

[From Book AB of Commissions, in the Secretary of State's office, Trenton, fol. 33.] 

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 Compl}'' 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 Nations and 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 or 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 
ill 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 2Hth of Augst. in 
the Eighth year of his Majesty's Reign Anno Domini 
1768. 



Latter from Gov. Frauhlin to Secretary HiUshorowjh, 
relative to a Treaty with the Indians for settling 
boundary betiveen them and the Northern British 
Colonies. 

[From P. R. O. West Indies, Vol. 173 (191).] 

Burlington Aug**' 27*" 17<is 

To the Right Hon'^''^ 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 SettUng a Boundary Line between them 



56 ADMINISTRATION OF GOVERNOR 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, v^ho 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 Oi:>portunity 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^' Franklin 



' The proceedings at Fort Stanwix between the whites and the Indians dui-ing 
October and November, 1768. for the settlement of the frontier boundary, are de- 
tailed fully in N. Y. Col. Docs., VIII., 110-137. Governor Franklin was accompanied 
hy Chief Justice Smyth. Some of the incidents are worthy of a note here. On the 
second day of the conference( Oct. 2a) " Canaghquieson. Chief of Oneida, stood up & 
addressing all present, obseryi that the several American Governors had Indian 
names, by which they were known to the Indians, the Governor of New Jersey ex- 
cepted ; that he therefore thought it necessary to compliment him with a name, 
which he did by bestowing his own name upon him, on which his Excellency 
Gov Franklin shook him by the Hand & returned him thanks." Subse- 
quently "the Cheifs arose & shook hands with Gov' Franklin & Canaghquieson 
addressing him said, that as he had given him his own name, he hoped that 
he would endeavour to acquire as much reputation with it amongst the People 
as he had done. The Governor retm-ned them manytlmuks." The next day, 
" Couoghquieson stood up and said that the Six Nations not being satisfied 
with his having given his own name to Govern' Frankhn had met upon it, and 



1768] ADMINISTRATION OF GOVERNOR FRANKLIN'. 57 



Circular letter from the Earl of Hillshoroiigh 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^*^"" 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 Sagorighweyo(/hsta, 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 naaie 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 Laud in New Jersey, did for a vahiable consideration 
give a general release for all the Lauds in that Province exeej^t such jjarts as were 
reserved by Law for the use of those Indians who chose to live under the protec- 
tion of that Governm'. 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 Brethereu the Indians is to be settled) you would do the 
Province of New Jersey th2 juitico to co'iflrm the said Release by acknowledging 
in public that that Province is entirely free from all Indian Claims, except as before 



58 ADMINISTKATION OF GOVEENOR FRANKLIN". [1768 

upon any pretence Avhatever, Communicate either to 
tlie 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 



Letter from Secretary Hillsborough relative to the let- 
ter from the Assembly of Massachusetts Bay. 

[From P. R. O. America and West ludies. Vol. 173 (191).] 

Whitehall, October 12*'' 1768. 

Governor Franklin. 

Sir, 

On the If Instant I received Your Letters N? 6. 7. 
and 8, and have laid them with their Enclosures before 
The King. 

Those numbered <3. and S. the one containing your 
Observations upon the Laws of the last Session of As- 
sembly the other recommending W. 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<>. His Reason for this request is that this matter may be held in remem- 
brance by all the nations present & by that 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 Franekliu is so well pleased with our having bestowed 
one of our own names upon him & are well pleased [to] hear you promise that he 
will always be ready to do us justice. We hope that all future Governors will act 
the same part. We acknowledge that several of our Nations now present were 
witnesses to the transaction at Easton & therefore acquit that Province of any de- 
mand & we have only to desire of him to follow your example in his future conduct 
towards us, which will sufficiently recommend him and his people to our esteem." 
—N. Y. Col. Docs., YIIL, 115, 117, 131-3-4. The proceedings at the Treaty of Easton, 
referred to, are related fully in Smith's New Jersey, 450; inPenn. Col. Record. VIII., 
174-233, and the results are briefly summarized in N, J. Archives, IX., 139-43.— [W. N.J 



1768] ADMIlSriSTRATION OF GOVERNOR FRANKLIN. 50 

The pains which appear by your Letter, N? 7 to iiave 
been taken by the Assembly to conceal from yon 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 Couucil of New Jersey, in the room of 
Samuel Woodruff, Esq., deceased. 

[From P. R. O. America and West Indies, Vol. 107.] 

^^.^ At the Court at S'^ James's the 2^.° 
I '^ ^' f 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 V^ 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, tliat he may be 
appointed of His Majestys Council in that province in 
the room of the said M' Woodruff deceased His Maj- 
esty in Council approving thereof, is pleased to Oi'der, 
as it is hereby Ordered, that the said Richard Stockton 



60 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 Woodruffe 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' 

W. Blair. 



Letter from Secretary Hillsborough to Gov. Franklin^ 
relative to the New Jersey hill for issuing £loo,(io(» 
and the unwarrantable proceedings of the Assem- 
bly in connection therewith. 

[From P. R. O. America and West Indies. Vol. 173 (101).] 

Whitehall Novr 15'!> 1768 
Governor of New Jersey 

Sir, 

I have received and laid before the King your Dis- 
patches to me numbered 9. lo. 11. 12. Of these Dis- 
patches the only one upon which I have any commands 
from His Majesty is that numbered 1», in which you 
desire to be instructed, whether you may give your 
assent to an Act for emitting £loo,0i)O 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 uieasure depended upon 
these circumstances, and it did require no other restric- 
tion and limitation, His Majesty's consent would seem 
to follow of course; but the King apprehends that this 

1 For a sketch of Richard Stockton, see post, under date of February 28, 1774. 



17G8] admintstkatiojST 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 natiu^e 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 f uUy 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 8*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 Grreat 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 OOVERXOR 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- 
boroiif/h, relative to the insufficiency of his Satary. 

[From P. R, O. and West Indies, Vol. 174 (192).] 

New Jersey Nov': 2(i'l' 1708 
My Lord, 

On the recommendation of Lord North, M^ Charles 
Townshend, M- Attorney General, D^ Hay, and M- 
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 Majestys 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 Lordshi}) with this application; but after 
having resided in this province so many years, con- 



1^68] ADMIi\ISTRATIO>r OF GOVEKISrOR 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 apphcations 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 comi^ensate the neglect 
of the Assembly obtained a Mandamus for the pay- 
ment of £500 Sterling pr. ann 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 api3lication 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 



64 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. 
I am my Lord with the utmost respect 
Your Lordships most oblig'J obed' Hum''' Serv* 

Frederic Smyth. 



Letter from Gov. Franklin to the Earl of Hillsborough, 
defending his Conduct during tlie last Session of 
the Assembly of Neiv Jersey against the Censures 
of his Lordship. 

[From P. P. R. O., America and West Indies, Vol. 172 (162).] 

Burlington New Jersey Nov!' -l?,'^ ITiJS 

To the Rt Hon"^'" the Earl of Hillsborough 

My Lord, 

The Animadversions and Censures which your Lord- 
ship, in your Letter No. J 3. 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 flatter 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- 
" fives 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 denyVl 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 Assembhes of 
the neighbouring Colonies of Neiu- York and Pensyl- 
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*.' 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 C^ongress, when 



66 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 
they 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 Eesentment 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 com pleated 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- 
chusetts Letter, was wrote. This Account, as I before 
mentioned, I had from some of the principal Gentle- 
men of New York, and the jmnted Journals of the 
Assembly seem to comfirm 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 fuU as exceptionable as the 
other) was laid before the House by the Speaker; when, 
so far were the Assembly from inclining to set such 
an Example, as your Lordship mentions, to the other 
Colonies, that they soon determined 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: 



J 



1768] ADMINISTRATION OF OOVERJSTOE FRANKLIK. 67 

" 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 RiyJtts of His Majesty's Subjects within the Col- 
"ony, which they conceive have been greatly a6r/"cZ(/e(? 
"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 published 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 
reconmiended. 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,//?// 
"and positive Instructions to unite with the Agents 



G8 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

' of the other Colonies in an AppHcation to ParUament, 
' 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 oi 
' 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 was 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- 
^ paling 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 Purjyose — 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- 
" 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^ 

"Resolved. That by the Charter of Privileges 
"granted by William Penn, Esq! the tirst 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 un- 
" doubted 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 Pro\dnce 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 Paiiia- 
^'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 6V' 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 ADMIKISTRATION OF GOVERNOR FRANKLIN. [1768 

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 
prevail'd in the Town of Boston, and probabh^ 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 tiiem 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 prevent 
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 Revenue. 

Having given your Lordship, as I thought it my 
Duty to do, this Information respecting the Senti- 
ments & Disposition of the Assemblies and People of 
the Colonies in general, I 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 ahnost 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 mw 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*'' and taken into 
Consideration the 16"' 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 10"' of May, not the least Notice w^as 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 GOVEENOR FRANKLIN. [1768 

for it was not taken into Consideration at all till the 
22'^ of April, when a Committee was ordered to pre- 
pare a Draft of a Petition, and from that Time till the 
5"' of May following, when the Draft was brought in, 
no Notice whatever was taken of the Matter. It re- 
ceived a Second Reading, 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 w^ent 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) A?/^o?/' that the Massachuset's Letter was 
"' receiv''d by the Speaker of the Assembly of this Col- 
" ony till I saw it mentioned on their Minutes." I 
had a short Time before, indeed, read in a Newspaper 
"That the Assembly of Mass'' 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 &° 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 Araboy 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 OccuiTences in the other 
Colonies as they have in most of the other 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 near a Month after, our Commerce with Pliil- 
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 Eiver 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 received a Letter from the Mass*^ Speaker until I 
came to Amboy. I arrived there the 11'!' 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'.'' The Speaker had not in this 
Time thought proper to inform me of his having 
receiv'd any Letter from the Mass'? Bay, nor did he 
think it necessary to mention anything of the Matter 
to me. This too, I beheve, 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"' 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'** 
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 GOVERNOE FRA^s^KLIN. [17G8 

Matter. Soon after I was taken extremely ill with a 
Fever, which confined 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 dismissed, 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 marked 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, 
" That it was a Taxation upon them from which they 
^' conceivedthQy ought to be protected by the acknowl- 
" edg'd Principles of the Constitution that Freemen 
" cannot be tax'd but by themselves or their Represen- 
" tatives," &!' They added. That the Cause of their Pe- 
titioning the King was not so much the Quantum of the 



1768] ADMIKISTRATIOX OF GOVERNOR FRANKLIN. 75 

Tax impos'd upon them, as its being imposed by a Body 
of Men among whom they had no Eepreseutatives, 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 jDrorogued 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 neai' a Month after that 
Assembly had been actually dissolved, receiv'd your 
Lordship's Letter of the 21^.' 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 Massachusetts 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 



76 ADMINISTRATION OF GOVEKNOR FRAXKLTN. [1768 

to petition His Majesty on the Subject of the late Acts 
of ParHaraent. Petitioning the King is generally 
deeni'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 T 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 v^ith 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 Subjecljs, and of continu- 
' ing in New Jersey that dutiful Disposition towards 
' His Majesty & Confidence in Gov^ernment, 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 occasioned no Trouble to 
Administration, and been kept so quiet during the late 
& present Disturbances in America. It had His Maj- 
esty's Approbation at the Time of the Stamp Act, and 
I was in ho])es that the like Cause would have pro- 
duc'd the like Effect on the present Occasion. 



1768] ADMINISTRATION OF GOVERNOR FRANKLIN'. 77 

Your Lordship proceeds to say, " 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 wliich ought to be the 
" Rule of my Conduct/' I doubt not but your Lord- 
ship will allow, that Truth ct 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^.^ 
Assembly. But had they agreed to enter into any 
Measures with them for Opposing the Execution of the 
Acts of Parliament they com])lain'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 coii- 
vinc'd 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 vv^hat 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 



78 ADMINISTRATION OF GOVERNOR FRANKLIN. [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- 
ceived 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 Pri)Lciples 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:' If 
upon his Defeat, my going in the Depth of Winter 
and assisting my Father in erecting a Line of Forts 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 

1 See Franklin's Works, I., 183-8; Penn. Archives, II., 309. 



1768] ADMINISTRATION OF GOVERNOK FRANKLIN. 79 

Counties abandon their Settlements, but which they 
were prevented from doing only by the Measures 
which we took for their Protection:' 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 

' See Frankbn's Works, I., 197-8; Penn. Col. Records, VII., 15-17; Parton's lYank- 
in, I.. 361-2. 



80 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

Volumes Folio," but those pass'd since that Time have 
been publish'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 Lordsbip 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, tbo' it was 
not in pursuance of His Majesty's particular Com- 
mands. I am inclined t(^ think that the Assembly 
were not aware of, and did not intend, the Distinction, 
tho' their words seem to imply it. To prevent Mis- 
takes, 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, vizt ''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 be laid before His Majesty, 

' Nevills I^ws. Vol. I.. 1752; Vol. II.. 1701. 



17^8] 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, fo he' 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 Mischief s. " 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 notliing 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, w^henever he thinks proper to 
make a Eequisition 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 Eequisition. 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 
6 



82 ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

"under my Government." As it was not in my 
Power to com]3ly 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 I TOO, which had been published, 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 Ijordship'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- 
' 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 for 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 I communicated them. 



1768] ADMINISTRATION OF GOVERNOR FRANKLIN. 83 

The other Parts of the Letter the' 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 v^as 
all the Communication of your Lordship's Letters 
which I have made to the Assembl}^, 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 Loi'dship 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 assigned ray Eeasons 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 receivVl 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 1706, had been before rejected by 
"His Majesty in Council, for the same Reasons." I 
have that Confidence in the Cloodness & Justice of my 
Royal Master, which persuades me to believe that this 
could not have haj^pened, 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 realh^ merited 
the Censure it has received. The first Act of Assem- 
bly for Supplying the King's Troops quartered within 
this Province with Necessaries was passed in June 
1760, 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, 
"J^i the Act for Stqjplying the several Barracks 
^'erected in this Colony with Furniture, and other 
' ' Necessaries for accommodating the King-s Troops 
'"'^ in, or marching through this Colony, they have, 
'' instead of Specifying the several Articles required 
"to be furnished by the late Act of Parliament, 
"impowered the Barrack Masters to provide Fire- 
^^ wood, 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 w^ere 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 
" of Parliament for quartering Soldiers in America, 
" to be virtually as much an Act for laying Taxes on 
"the Inhabitants as the Stamp Act, and that it was 
" more partial as the Troops were kept in a few of the 
" Colonies. I was therefore oblig'd to take the Act as 



1768] ADMINISTRATION OF 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 
" m this Province perfectly Satisfy 'd with their Qiiar- 
"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 Marnier His Majesty expects. 
' ' 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 



8G ADMINISTRATION OF GOVERNOR FRANKLIN. [1768 

" manifested their Frugality & Oeconomy with regard 
" to the Pubhck ; and not put them under the disagree- 
" able Necessity of advancing Money at the Kisque 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 Incon- 
" veniencies I had mentioned." The Provision made 
by the Assembly at this Session (June ITdT) for the 
further Support of the Troops, was 5(>0£ for each of 
the five Barracks in this Province, instead of 1()0£ 
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 bat what the 
Law of lT(i<), (tho' by no means so full a Compliance 
with the Act of Parliauient) had met with the Koyal 
Approbation, as I had then heard nothing to the con- 
ti-ary. Your Lordship will therefore, I hope, do me 
the Justice to acknowledge that it is greatly aggrava 



1^68] ADMIXISTRATIOK OF GOVERKOR FRANKLIN. ST 

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 1766, 
" 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 1707 of ex- 
actly the same kind as that of 1766, notwithstanding I 
knew at the Time that the latter had met with His 
Majesty's Disapprobation. On the contrary, the Law 
of 1767 was very materially different from that of 
170»'), it granting all the Necessaries required by Act of 
Parhament, which the other did not : And it was not 
even possible for me, at the Time of the June Session 
in 1767 to know that the Law of 1766 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 1767, 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 IStliof 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 disapproved, nor 
acquaint me whether the New Jersey Law of 1766 was 
or was not disallowed, and if he had, it was then too 
late to prevent the Law of 1767. — Had I understood 
before the Passing of this Law that the one passed in 
1766 was repealed, and that His Majesty disapprov'd 
of my Coyiduci in having assented to it, or had I re- 
ceiv'd any Intimation from the King's Ministers that 
I must not, on any Cousideration 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 ADMIXISTEATION OF GOVERNOR FRANKLIX. [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 PubHck 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 
Gov?" 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 prescrilied by an Act of Parliament, yet 
I humbly conceive, the same Occasion, (the King's 
Service and the Publick Interest,) wiU justify this as 
weU 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 Circuui stances render it necessary, 
to consent to some small Deviation from the Mode, 
provided the principal End of the Act is obtain'd, and 
the Deviation is not contrary or repugnant to fhcd. 

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 1767." - 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 I took 
a good deal of Pains to have altered ; and before the 
]3assing of the last Act I wenir so far as to give pi-ivate 
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 Necessaiies 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 Gov^ & Council only even if 
the Act of Parliament had not particularly enjoiu'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 Eesolve 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 Ai-ticles 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 ^1' 
Day than is prescribed by the Act of Parliament," I 
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- 



90 ADMINISTRATION OF GOVERNOR FRANKLIN. [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 thei-ewith. — 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 Eegiment 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 Noi'thern 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- 
proved 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 the New Jersey Law, now repealed, allows r)00£ to 
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 1.5, ou£ was sufficient for 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 for the Pur- 
pose granted 2."),0(ȣ. If more than one Regiment 
sliould hereafter be quartered iu New York the 15,(»oi: 
woidd be insufficient, and the Governor would of 



1768] ADMIXISTKATIOK OF GOVERNOR FKANKLIX. 91 

coarse be oblig'd to call the Assembly together to make 
a further Provision. Such would hkewise 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 hmit 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 17«'»7 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 28'' of Feb'/ 1 768, 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 I\Iajesty's Deter- 
mination upon it, I caU'il upon the Assembly to make 
a further Provision, in these Words, viz* "Clentlemen 
" of the General Assembly; Besides providing for the 
" due Support of Government, I have in Command 
" fi'om 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 Majestys Requisitions, 
so we shall make such Provision for Supplying the 
Troops, quartered in this Colony as are Consistent 



92 ADMINISTRATION OF GOVEKNOR FRANKLIN. [1768 

tvith 0U7' 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 Eeference 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 akeady 
laid before your Lordship in my Letter N. 3, and in 
the Minutes of Council of the Session in May 17()8, 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 approv'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 repealed. But the 
Board of Trade did not, it seems, report against it till 
the loth of June, nor was it disallowVl by the King in 
Council till the 12V' 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 at 
the Time; and 1 had likewise heard that the Act passed 
in New York was deem'd a sufficient Compliance with 
the Act of Parliam(3nt, notwithstanduig it was liable 
in some Respects to the same Objections as that of 



1768] ADMINISTRATION" OF GOVERN'OK FRANKLIN". 03 

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 furthei' 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 expHcit 
Directions for my Conduct. As to Dissolving them in 
Case of Non Comphance, I am sure it will not avail 
anything. I have known that Experiment fi-equently 
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 ADMIN ISTRATIOX OF GOVERNOR FRANKLIN. [1768 

very low, that it is often difficult to find Persons who 
are any ways quahfied 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's 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 Recourse 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 oblidgVl to meet the Assembly alternately. I 
seldom go from Home on this Account that it does 
not cost me 15o£ extraojxlinary. In short, the neces- 
sary Eypences of Living are so much increased in 
America, and particularly to one in my Station, that I 
have not been able with all the Frugality and Oecono- 
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 
hold 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] AUMINISTKATIOK 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 ray 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 Removing His Majesty's 
Displeasure, and your Lordship's Prejudices against 
my Conduct, I shall be haj)py. But whatever may be 
the Event, my Sentiments of Duty and Loyalty wiU 
remain the same, and I shall chearfuUy Submit to tlie 
Pleasure of that King whom it has hitherto been my 
chief Glory to serve faithfully, 
I have the Honor to be, with the greatest Respect, 
My Lord, Your Lordship's 

most obedient & most humble Servant 

W*' Franklin 



Letter from Gov. Franklin to the Earl ofHilhboroagh, 
relative to the Treaty with the Indians for set- 
tling the bouudaru line betiveen them and the 
British Colonies. 

[From P. R. O. America & West Indies, Vol. 174 (19:i).] 

BURLINC4T0N, Dec^ 17, 1T()8 

Right Hon^'" the Earl of Hillsborough. 

Mij Lord, 

1 acquainted your Lordshi}) in my Letter N? 12, that 
I was then on the Point of setting oat on a Journey 
to Fort Stanwix, to assist at a Treaty with the Six 



96 ADMINISTRATION OF GOVERNOR FRANKLINS [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 coimng 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 concerned 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 returned 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° to 13 inclusive. The latter I have 
already answered in my Letter N? 18, and your Lord- 
ship may rely that I shall not fail paying punctual 
Obedience to the Directions contained in the others, as 
far 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 

Vv^".' Fkanklin 



1769] ADMINISTRATION OF C40VERN0R FRANKLIN. 97 



Governor FrauMin to Cortland Skinner. 

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

Burlington Jan7 22^ 1708.' [1769] 
Dear Sir 

I receiv'd your Letter of the 5"' Ult? with the first 
and second Volumes of the Laws, also another of the 
9*'' Instant, mentioning that you are unable to furnish 
me with all the Laws since the last Book, and refer- 
ring me to M'' Lawrence for such of them as can be ob- 
tain'd. 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 
Ee-printing them in another Volume." 

M'" Samuel Wharton,^ 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 SoUicitor, he has therefore de- 
sired me to give him a Letter of Introduction & Ee- 
commendation to M- Wilmot our Agent, of whose 

' The date, 17C8, is manifestly a slip of the pen for 1769. 

- See Governor Franklin's letter to Lord Hillsborough, June 13, 17G8. 

3 Samuel Wharton was the second son of Joseph Wharton, a very successful mer- 
chant of Philadelphia, where he was born, May 3, 1738. He was " one of the signers 
of the Non-Importation Resolutions of 1765, 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, 1782-3. His will was admitted to pro- 
bate, March -.^6, 1800."— T/ie Wluirton Familij, by Anne H. Wharton, in Penn. Hist. 
3fa,(5f., I., 3-'6, 45,5-7. See also Governor Franklin's letter to Major William Trent, 
Jan. 14, 1771.-[W. N.] 

7 



98 ADMINISTEATION OF GOVEKNOR FRANKLIN. [1769 

Abilities he has heard a great Character. But as I 
have not any acquaintance or correspondence with M- 
Wihnot, I shall be much obliged to you if you would 
recommend Mi' 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' Pai^ker, Printer, at New York, enclosed 
under Cover to MJ 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 
done. He will sail next week. 

I have a Letter from Lord H ' 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' 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" Franklin 

To Cortland Skinner Esq'. 

' LorJ Hillsborough's dispatch, October Vi. 1708, censuring Speaker Skinner. 



1769] ADMINISTRATION OF GOVERNTOK FRANKLIN. 99 



Letter from Gov. Franklin to the Earl of Hillshorough, 
giving further reasons for issuing £100, 000 in hills 
of credit, etc. 

[Fram P. R. O. America and West Indies, Vol. 1"4 (192).] 

Burlington, New Jersey Jan'^ 28, 1769 
To the Eight Hon'^''^ 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 contained in that numbered 14, respecting the 
Communication of Letters from the Principal Secre- 
taries of State, 

I have intimated to Mv 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. *J. (& which is re- 
marked upon in yours N. 16.) for Emitting 100,ooO£ 
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 
proper to mention them, areexpress'd in the last Para- 
graph, by which your Lordship will see that this Act 
contains in itself no particular Appropriation of the 
Revenue that is to accrue from it (except defraying 
the Expences of Printing, &.") 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 170!).] — With regard to 
the Appropriation, if His Majesty should chuse to have 
the whole Sum appropriated to Pui-poses to be partic- 
ularly mentioned in the Act, rather than to be left, as 



1769] 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 tlie Act. What 
I before said on this Head, in my Letter W 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 Kedemption of 
the Bills, they are quite Sufficient, and I really beUeve 
that the Sum requested, in Addition to our present 
Currency, is not so large as to endangei' 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 
Eepresentatives 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, 1 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 
inform'd 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 m both 
Houses of Parliament, in their Addresses to the King, 
may be attended with those good Effects in the Colo- 



i02 ADMINISTRATlOlsf OF GOVERNOR FRAKKLIN. [17«39 

nies your Lordship hopes for, and so far as my En- 
deavors can in anyways contribute thereto they shall 
not be wanting. 

Mr Skinner, the Speaker of the late House of Eepre- 
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 Pi'ovince 
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 Pleasm-e Whether in case the Assembly de- 
termine upon Receiving and Answering it, I should 
prevent their Proceedings thereon by a Prorogation or 
Dissolution. 

I have likewise receiv'd from M^ Skinner the iwo 
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 greatest Respect, 
My Lord, Your Lordship's most obedient 
& most huml)le Servant 

^Y^ Franklin 

I The birth of the Princess Augusta Sophia, November 8, 1768. 



1769] ADMIN^ISTRATION OP GOVERXOK FRANKLIJST. 103 



Letter from the Earl of HiUshorougli to Gov. Franh- 
lin, relative to the hill of the New Jersey Assembly 
for issuing £10o,<m)0. 

[From P. R. O. America and West Indies, Vol. 174 (193).] 

Whitehall. March the 22"" 17(30. 
Governor of New Jersey. 

Sir, 

T have received and laid before the King, your letter 
of the 28'!' of January, containing observations upon a 
Bill, (inclosed therein) for issuing One Hundred 
Thousand Pounds in paper Bills of Credit upon Loan. 

Tills 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'.'' 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 tills 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 m 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 Gi-overnment, 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 &' 

Hillsborough 



Order of the Lords of the Committee of Coimcil 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 7'espect to bills for 
raising money by way of lottery. 



J' 



L. S. 



[From P. R. O. B. T. Plantations C4eneral, Vol. 30 (28), V. 16.] 

At the Council Chamber Whitehall 
the 24™ day of april 1709. 



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 7*!' of last 
Month, proposing (for the Eeasons 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- 



1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 105 

spective Legislatures, whereby Money is proposed 
to be raised by the Institution of pubhck 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- 
eruor under sach 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 



' This subject had come before the Khig hi Council, JIai-ch C, 17'69, 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 Industiy and Attention to their 
proper callings and Occupations, and introduce a Spirit of Dissipation prejudicial 
to the Fortunes of Individuals, and tlie Interests of the Public." — Penn. Col. 
Records, IX., 638. This doubtless led to the x^romulgation of the Order in Council, 
given above. Lotteries had been prohibited by acts of the New Jersey Assembly, 
of December IG, 1748, and December 5, 17G0, but public sentiment favored lotteries, 
and the acts in question did not prove " effectual for the Purpo.ses thereby in- 
tended,'" and other acts were passed March 11, 1774, and February 13, 1797, for the 
same pui'pose. — NevilVs Laws, I., 405; AUinson^s Lams, 187, 234, 445; Paterson'' s 
Laws, folio ed., 227. For some account of Provincial Lotteries, see Whitehead's 
Contributions to East Jersey History, 321.— [W. N.] 



106 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. 

[From P. R. 0., B. T., New Jersey, Vol. 17, p. 212.] 

Whitehall May 2.^ 1709 
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 tlie 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 Suras 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 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 m the -ith 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] ADMINISTEATION" OF GOVEEKOR FRANKLIN. 107 

objection above stated, and therefore pi'-ays to receive 
Your Majesty's Instructions thereupon before the next 
meeting of the C-ouncil 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 foj- 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? Robinson Lisburne 



108 ADMINISTRATION" OF GOVERKOR FRANKLIN. [1769 



An additional instruction to all the Governors in 
America, directing them not to permit public or 
private lotteries in their respective governments. 

I From P. R. O. B. T. Plantations General, Vol. 42, p. a47.] 

May 11, lTr»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 Pi^ovince of Nova Scotia in 
America. Given at Our Court at S* James' 

the day of in the year 

of Our Eeign. 

Whereas a practice hath of late years prevailed in 
several of Our Colonies a.nd Plantations in America, 
of passing Laws for raising Money by instituting pub- 
lick Lotteries; and Wliereas 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 pubhclv Welfare so greatly 
depends; And Whereas it further appears, that this 
practice of authorizing Lotteries by Acts of Legisla- 
ture hath been 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 



i 



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 shaU 
have received Our directions thereupon. 

A like additional Instruction was prepared for S' 
Francis Barnard Bar! Govf of Massachusets Bay John 
Wentworth Esqf Gov?" of New Hampshire S' Henry 
Moore Bar^ Gov!" of New York William Franklin Esq! 
Govf of New J ersey 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 
OR America for j)ur2)oses of revenue. 

[From New York Colonial Documents, Vol VIII, p. 164.] 

Circular 

Whitehall, May 1?>"', 1700. 

Inclosed I send you the gracious Speech made by 
the King to his Parhament, 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,' 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 



1 Said the King in his speech to Parliament on Tuesday, May 9, 1769: "The 
measures which I had taken regardinj? the late unhappy disturbances in North 
Ameiica, 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. 
Notliing, in my opinion, could be more likelj' 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 everj' branch of the 
legislature in the resolution of maintaining the execution of the laws in every 
part of my Dominions. And there is notliing I more ardently wish for, than to see 
it produce that good effect."— Dodsiej/'s Annual Register, for 1T69, 229-30— [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 due 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 Parhament 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 

Hillsborough. 



17G9] ADMINISTRATION OF GOVERNOR FRANKLIN. Ill 



Governor Franklin to Benjamin Frauklin — Captain 
Trenfs Affairs — the Governors farming opera- 
tions — Secretary Morgan and Deputy Reed — 
Matters in New York and Massachussetts, 

[From " Letters to Benjamin Franklin," p. 4L] 

Burlington, May 11, 1769. 
Hon^l Father : 

A few days after I was favoured with your Letter 
of the 2nth 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 tlie 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' has sent me (agreeably to your desire) 
copies of the clauses added to the last Mutiny Act." 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 ecsued. 



' Joseph Galloway, the eminent lawyer, of Philadelphia, Speaker of the Penn. 
sylvania Assembly, 1765-74, 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 ioj/alists, I., 453; a sketch is &\so gyven in Works of Benjamin 
Franklin, Vll., 376. 

2 The annual mihtary appropriation bill passed by Parliament is called the " Mu- 
tiny Act." — May^s Constitutional Hist, of England, II., 490. 



118 ADMIJSriSTRATION OF GOVERNOR FRANKLIN. [1769 

I have wrote Col. Croghan' what you mention con- 
cerning his affair. I hope the apphcation will be 
attended with success. 

Capt. Trent' met with some unexpected delays, but 
I suppose is by this time arrived in England. I hear 
that Sir Wm.' has a letter from Lord H.,' mentioning 
that his Maj'y entirely approves of all the Transactions 



' Col. George Croghan, an Iiishman, 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 settlmg 
the frontier boundary, and he was present at Fort Stanwix when that matter was 
aiTanged. 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 Wliartou were deeply inter' 
ested. He died at Pasayunk, Perm., in 1783.— iV^. Y. Col. Docs., VII., 982-3; Works 
of Franklin, IV., 233, 302\Y11.,S55; 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, 1733— 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 oi- at least cemented a friendship which was to last for 
thirty years.— 3 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 Ohio 
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. Mag., l.^ 
85-0), and resumed his residence at Trenton, whei-e he had lived before going to 
England, and where his family had dwelt during his long absence. In 1784 he re- 
turned to Pliiladelphia, where he resided until his death, 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, 283-291; Perni. Col. Rec- 
ords and Penn. Archives, passim; Journal of Capt. Wm. Trent— [W. N.] 

3 Sir William Johnson. s Lord Hillsborough. 



1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 113 

of the Treaty,' so that I imagine that Gapt. 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 Wm. Knowles, at Newport, in 
the Isle of Wight. I observe l)y 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 Rotlieran 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 hei-e. 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 the 
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 
o]:>portunities 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 heard 



1 The Treaty at Fort Stanwix. ^ Samuel Whartou ;■ 

8 



114 ADMINISTRATION OF GOVERNOR FRANKLIN. [1769 

of his arrival in America. Should it be in my power 
to serve him in v^hat 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 liis 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. Scliuyler and Mr. Walton" went out 
to fight a Duel, but thought better of th'e matter when 
they got on the ground, and settled their differences 
amicably. Col. Lewis Morris is expelled 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 acc( )unt. By the Resolves 
of the House, they allow non-residents have a right to 
elect, but not to be elected. Parties run very high 
among them. 

The Boston Writers have attacked Govj- Barnard 
on his Letters and on his beins; created a Baronet.' 



' See ante, p. 5. note. 

- Query: Col. Philip Schuyler and Jacob Walton (':). Both were members of the 
New York Assembly in 1769. 
3 See N. J. Archives, IX., 23, note. 



1769] ADMIIvJ-ISTRATION" OF GOVERNOR FRANKLIX. 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 1 am a good deal 
engaged and hurried. 

Betsy joius 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 £loo,000 in bills 
of Credit:' 

[From P. R. O. America and West Indies. Vol. 108.] 

At the Court at S"" James's the 26™ Day op 
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 
Report from a Committee of the Lords of His Majes 
ty's most Honorable Privy Council dated the S V' in- 
stant in the Words following, viz' 

"Your Majesty having been pleased by Your Order 
" in Council of the 3'' Instant to refer unto this Com- 



116 ADMIJflSTllATIOSr OF GOVERNOR FRANKLIN. [1769 

" mittee a Eepresentation 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- 
I'ent 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 M^ajesty's Colonies oj" Plan- 
tations in America from being declared to be a legal 
Tender in Payment of Money; But as 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 Listructions thereupon before the next Meet- 
ing of the C^ouncil and Assembly at which time he 
expects they will pass such another Bill, and press for 
his Assent, the said Lords Commissioners do, for these 
reasons, humbly recommend to Your Majesty to sig- 
nify to Your said Governor, in case the actual neces- 
sity of emitting Bills of C^redit 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 



17G8] ADMTJSriSTRATION 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 N^ew 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 
wliich 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 ^o 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 foi' 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 £1U(»,(»00, can be made to appear and 
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 acknowJedgment from Gov. Franklin to the 
Earl of Hillsborough. 

[From P. O. America and West Indies, Vol. 174 (192).] 

Burlington, N Jersey, July ISV 1T01». 

To The Eight Honorable the Earl of Hills- 
borough, &^ &'r 

My Lord, 

I am honoured with your Lordship's Letter of the 
13*?' of May, inclosmg 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 
Amei'ica will I ho])e answer the good Purposes in- 
tended. But I am fully convinced that the Assurances 



l7fi9] ADMINISTRATION OF GOVEKNOK FRANKLIN. 119 

given by your Lordship, that the present Adminis- 
tration have no Design to propose to ParHament to 
lay any furtlier 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 Eeliance, 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 i^s. New Jersey, 
in relation to Boundaries. 

[From N. Y. Col. MSS., in Secretary of State's Office, Albany, Vol. XCVI., p 100.] 

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 de[terniining] [the] Boun- 
dary Line between the said two [Colonies] prepared 
by us the subscribers nominated as Agents by Act of 



120 ADMINISTKATION Of GOVERNOR FRANKLIN. [17G9 

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?^ 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 far 
as and * * - Connecticut River and the 
Lands extending * * * the said Coast 
into the Country as far back as * * * * 
first s]3rings Heads or Souj'ces 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 l()»)f, 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 iJie said River called Hudsons 
'•' River * * '" * from the West side of 
" Connecticut River - * * * side of 
" Delaware Bay. 

2''.'.^. 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] AD.MII*rrS'fRATION^ OF GOVERN'OR 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 borfnded 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 main 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." 

31^ . 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 16(U 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 1G6T and afterward in 1673 in the war be- 
tween England and the United i:)rovinces 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 10 7f. 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 



123 ADMINISTRATION OF GOVERNOR FRANKLIN. [l769 

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 1074 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-^. On the twenty eighth and twenty ninth Days 
of July 1()71: (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 i}t severalftj 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- 
" most Branch thereof which is in forty one Degrees 
" and forty minutes of Latitude. 

5-^. James Duke of York on the Demise of of King- 
Charles the second on the sixth day February 1081: 
succeeded to the Crown by the Stile and Title of Iving 
James II. of Ena;land and V-'.' of Scotland. 



170S] ADMIN"ISTRATION OF GOVERNOR FRANKLIN". l33 

6^^}^. 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. 

T'^'-?-^. 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 

8H'}>', AH 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. 

l>".'?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. [17G9 

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 G-eorge Carteret or one of them the 
sovereignty thereof only being in his Present Majesty, 
as by the first distinction hereafter mentioned will 
appear; and 

lo*l'Jy. To Explain what we understand by the Terms 
Sovereignty Seignory and Property in the S"' & 
9"' 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 

llH'.'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 Hud sons River. 

12"'?^ Another Stationary Point of Boundary is clearly 
fixed by the said two sets of Leases and Releases on 
tlie 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 — 

13".'.'*'. All the Lands lying to the Northward of the 
said Northern Boundary are Clearly included witliin 
his Majesties Colony of New York But. 

I^tiiiy^ The Course of the Line or boundary is (as we 
conceive) the Matter in Controversy and the Subject 



1769] ADMINISTRATION OF GOVERNOR FRANKLIN. 135 

Matter of His Majestys Royal Commission upon wliich 
the following Question arises to wit — From what 
point on Delaware to the Latitude of -11° on Hudsons 
Eiver 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 
Pi'oprietaries of New Jersey is equal as to its Nature 
with his seignory in the Colony of New York as to 
the Lauds 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 aud 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 resei'ved 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 pro])ortion 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 ADMINISTEATION" OF GOVERNOE FEANKLIN. [1769 

Colony (which surrender was made to Queen Ann on 
the 22' April l7o2 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 folows that in point of Seignory the Crown 
is interested on the part of the Colony of New York 
against the Colony of New Jerse}^ — 

2'1'.^' 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 and 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 
V\^e 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 
16 86 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 -tr, 0(»', on Hudsons River to the Head of Dela- 
ware Bay which we assert to be at Ready Island a Spot 



' The siirrentler was made by William Dockwra and forty-one associates on 
April 15, 1(03, and was accepted by Queen Anne in Council, April 17, 1702.— Grants 
and Concessions, 615-7. 



1769] ADMINISTEATION 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 fj'om Different Quarters. 

]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 ADMIKISTKATION OF GOVERNOR FRANKLIN. [ITGO 

words in the same grants that respect the Boundary 
on Delaware are of quite Different Frame they are up 
the said River 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, tvhich is in forty one Degrees & forty Min- 
ates (being relative Terms and plainly referring to 
tvhich 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^?' 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 Country 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 FRAN^KLIN. 129 

sons River to the Forks of Delaware until such a hne 
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 uninteiTuptedly 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 ADMINISTRATIOX 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 FranMin 
to the Earl of Hillsborough — He fears the evil 
effects of the action of the Assembly of South 
Carolina. 

[From P. R. O. .Vmerica and West Indies, Vol. 174 (192).] 

Burlington, Sept' 27, ITOi* 

The Right Hon^^'' the Earl of Hillsborough. 

■My Lord 

I am honoured with your I^ordships Letters N. 19, 
& 20. 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 C*ouncil I have summoned the 
General Assembly to meet here on the 1<»'!' of next 
Month. I shall omit nothing in my Power to keep 
them in a proper Temper, and to induce them to grant 
a 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 
def ray'd out of the Revenue arising from the Amei'ican 
Duty Acts, while those Acts continue in Force, will 



1769] ADMINISTRATION OF (40VERN0R 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. 

[From P. R. O. America and West Indies, Vol. 174 (193).] 

Burlington Oct'.' 5, ITOD: 

The Right Hon^.'^ the Earl of Hillsborough, &c. 

My Lord, 

W 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. 1.5, 169.5; will proved 
July 2", 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 168.3.— iV^. Y. Gen. & Biog. Record, January, 1875, 21; Elizabeth-Town Bill 
in Chancery, 11, 83. He was admitted to the New Jersey bar. May, 1746, and eigh- 
teen years later was licensed as Sergeant.— Froont'*' Su):>. Ct. Rules, 1885, 54, 58. 
Doubtless through the influence of his uncle, Robert Hunter Morris, Lewis Morris 
Ashfield was recommended, March 36, 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.— iV^. J. Archives, VII., VII., Part I, passim. He 
was continued m office under successive Goveniors.— /6., 41, 374.— [W. N.J 



133 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 WiUiam Kelly, 
Esq"": 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' 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 Kespect, 
My Lord, Your Lordship's most obedient 

& most humble Servant 

W" Franklin. 



Deputization of Charles Pettit to he Deputy Secretary 
of the 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 



1769] ADMINISTRATtON OF GOVERNOK 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 C^ourt, 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 witii all Fees, Profits 
Priviledges and Advantages to the said Offices belong- 
ing and Appertaining Notv Knoiv 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 



' 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. \.—N. Y. Gen. and 
Biog. Record, October, 1881, 163; 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.— HaWs 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 imder date of May 11, 1769. When Governor Frankhn 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, " accomit- 
able to Joseph Reed." — Book AB of Commissions in Secretary of Staters 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, 1885, 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 da.ys 
of 1746 (Reed and Cadivallader Pamphlets — CadwaUader'' s Reply, 26), he did valua - 
ble service in behalf of the Colonies, even when harassed with anxiety for the 
safety of his family.— i\r. 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 Oj'er and Terminer imder the new 
State Government.--/?)., 67. The Provincial Congress on February 6, 1776, directed 
the records of the Secretary's office to be delivei-ed 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 Meeting. 



134 ADMT^riSTRATION" OF GOVERNOR FRANKLIN. [1769 

Colony of New Jersey afs*' Esq. his the sd. Maurice 
Morgan n Deputy of and in the sd. Offices of Secre- 
tary, Clei'k of the Council, Clerk of the Supreme 
Court, C!lerk 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 v^hich may or ought to be done performed and 
Executed And Also to have receive and take all Fees 
dues Rights Profits priviledges and Advantages v^hat- 
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 C^onfirm- 
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 tliis twenty seventh 



He had meantime been appointed Assistant Quarter-Master-General of the Conti- 
nental army, in which capacity he was zealous and efficient until the close of the 
war. He then took up his residence in Pennsylvania, was elected to the Assembly, 
and while in that body was chosen by the Lep:islature April T, 17^5, to represent the 
State in Cont^ress, being re-elected November 11, 1785, and again in November, 1786, 
rather against his will, he says.— Pejin. Archives, X., 437, 534; XI., 267. In 1790 he 
was again pressed into the public service, being chosen to present to Congress the 
claims of Pennsylvania for compensation for money expended during the war.— 
Penn. Col. Records. XVI., 387. 411, .OlO, 545: Peun. Archives, XI., 708. - [W. N.] 



1769] ADMiJ^ISTRATION OF GOVEHN-OR 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 iti 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 1709 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 AssemhJij to Dr. Benja- 
min Franklin, notifying him of his appointment 
as Agent of the Colony. 

fFrom New Jersey Historical Society Manuscripts.'] 

Burlington, Dec. Tth, 1709. 
Sir 

The House of Representatives of this Colony on the 
Sth of last month unanimously chose you their Agent 
in London, and appointed us to correspond with you 
on the affairs of the colonv. The Resolve of the 



1 This letter is also to be found in N. J. Hist. Soc. Proc, 3Iay, 1866, 108-70; in 
Works of Benjamin Franklin, VH., 460; and in " Letter to Benjamin Franklin," 46 
It is here printed from a contemporaneous copy, presented to the Society in 1866 
by William Duaue, Esq., of Phdadelphia, and compared with the copies elsewhere 
printed, as above.-- [W. N.] 



136 ADMINISTRATIOlSr OF GOVERNOE FRANKLIN". [17G9 

House by which you were appointed Agent, bis 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 Revenue 
Acts, and that those endeavours will be successful, ren- 
ders any particular direction to you on this head un- 
necessary, but we could wish IJis 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 1 708. The Pro- 
vince is very sohcitous 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 lT(i5 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 be let on loan 



17G9] ADMIN^ISTRA'TION OF GOVERNOR FRANKLIN. 137 

at five per cent. The particular distress of this Pro- 
vince for want of a currency, and the httle 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 cai*e 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 oi'dered 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.' 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 

' "An Act to indemnify the Treasurers of this Colony for advancing certain Sums 
of Money to the Agents appointed by Law to manage tlie Controversy touching the 
Settlement of the Line between New Jersey and New York, and for other Purposes 
thereui Mentioned," passed December (3, 17G0. The agents were John Stevens, 
James Parker, Henry Cuyler, WilHam Donaldson and Walter Rutherford. — Allin- 
soh's Laws. 335.— [W. N.] 



138 ABMINISTRATION OF GOVERK^OR FRAKKLIN. [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 ITl!*, 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 j'uin, 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 1710 has 
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 SkINNEK HeNRY PaXSON 

Aaron Leaming Ebenezer Miller 

Abraham Hewlings, Joseph Smith 



17f)9] ABMINISTRA'tlOX OF GOVERN^OR FRANKLIN. 130 

When 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. 10th 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 HiIl<^borough to Governor 
Franklin, stating that the Lords of Trade had 
recommended Cortlandt {Stephen) Skinner' to be 
ai^pointed a Member of the New Jersey Council. 

[From P. R. C, America and West Indies, Vol. 174 (192).] 

Whitehall Decem*!'" 9"' 1700 
Governor Franklin 

Sir, 

On the 10"' of last Month I received and laid before 
the King your dispatches NM8 & 10. 

The ill effects of the Resolves of the Carolina Assem- 
bly in respect to the Mutiny Act have but too plainly 



1 Intended for Stephen Skinner, who, a few days afterwards, was appointed a 
member of the Council. 



140 ADMIJSriStRATIOK OP GOVERNOR FRANKLIN. [1769 

shewed themselves in other Colonies, and seem to 
justify yom- 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 will 
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'" 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 Mf 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, 

I am &c 

Hillsborough. 



1769] ADMINISTEATION OF GOVERNOR FRANKLIN. 141 



Letter from Governor Franklin to Secretary Pownall, 
relative to the provision for the Support of the 
King^s troop)s. 

[From P. R. O. America and West Indies. Vol. 174 (192).] 

BURLIKGTON Dec-' 10, 17GD 

Secretary Pownall 

Sir 

I duely receiv'd your Letter of the 4*-' 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 1<)"' of October last were on the 6"' 
Instant prorouged after an amicable Session, in which 
they made the same Provision for the Suppoi't 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 FRANKLIN. [1769 



Letter from Henry Wilmot to Committee of Corre- 
spoyidence, relative to a Paper Currency and the 
hill for Septennial Elections. 

IFrom Skinner Papers among the manuscripts of W. A. Whitehead, 
Volume i. No. 2.] 

Bloomsbury Square 12^'' Deer 1769. 

Gentlemen 

I have been Several times at the Board of Trade; 
and I find that Administration are wilUng 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 ti'ansniitted 
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 
Pleasui'e, 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 Cbunsell is appointed to the Board of Trade, 
to whom it must be 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''"' Servt 
Henry Wilmot 



Order i)i Council appointiiig Stephen Skiinier, Esq., 
to be of the Council of New Jersey, in the room of 
Lewis Ashfleld, Esq., deceased. 

[From P. R. O. America and West Indies, Vol. 108. J 

*—■—* At the Court at S'^ James's the U^."" 
j^^^'j 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 



144 ADMINTSTRATION" OF GOVEUN'OR FRATsTKLUST. [1769 

Trade and Plantations, dated the 13^'^ 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 Ashfield 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' 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 tli^ 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- 
oiKjli, transmitting Chief-Justice Smijth'S Memor- 
ial respecting li is Salary. 

[From P. R. O. America & West Indies, Vol. 175 (193).] 

Burlington, Dec' i*4'" 17«;i) 

Right Hon^^*^ the Earl of Hillsborough 

My Lord, 

At the Request of M'' Smith. Chief Justice of this 
Colony, I transmit the enclosed Memorial to your 



' Stephen Slcinner was the second son of the Rev. William Skinner, of Perth Am 
boy, and Elizabeth Van Cortlandt, of New York. He was a younger brother of 
Cortlandt Skinner. For several years prior to 1T(;7 he kept a " general .store " at 
Perth Amboy. and engaged in the West India Trade. He was Treasurer of East 
Jersey for several years. (See ante, p. 37.) In April, 1775, he was elected to the 
Provincial Congress, but on the breaking out of the War he removed with his fam- 
ily to New York, and thence to England. His New Jersey property was confis- 
cated. — Whitehead's Perth Amboy, 101, 111. 



1769] ADMIlSriSTRATION OF GOVERNOR FRANKLIN. 145 

Lordship. The Eepresentation he has made of the 
Incompetency of his Salary, and of the Httle Prob- 
abihty there is that the Assembly will make any Ad- 
dition to it till he holds his Commission doring good 
Behaviour, ' 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 M!' 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 1(X>, (»(•(»£ proposed to be 
struck in Paper Bilk 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 Eoyal Allowance thereto. But they declin'd 
complying with my Eequest, 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 Coufirmation of the Act is refused, unless they 
wiU 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 
Eaising Money for the Suj^port of Government, which 
will be more agi-eeable to the People 

I wrote to M"" Pownall a few days ago desiring him 
to acquaint your Lordship that Copies of the Minutes 
& proceedings of the last General Assembly were 



I See N. J. Archives., IX., 3*3-5, note. 

10 



146 ADMINISTRATION OF CiOVERNOK 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 Law^s 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?" Franklin. 



Memorial of Chief- Justice Smyth in Gov. FranMiyi's 
Letter of December 24, 1769. 

[From P. R. O., America and West Indies, Vol. 175 (.193).] 

To The Right Hon^^.^ 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 HaUifax and M^ 
Charles Townshend about Five years since was ap- 
pointed Chief-Justice of the Province of New Jersey, 



1770] ADMINISTEATION 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 liis 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 
Franklw, correcting mi 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). 1 

Whitehall, January 18"' IT 70 

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 GOVERNOE FRANKLIN. [1770 

9^*" Instant together with the Addresses of both Houses 
and His Majesty's gracious Answers thereto/ 

AUow me Sir, to correct a Mistake I made in my 
Letter of the !•"' ultimo in the Christian Name of M' 
Skinner recommended to sup]3ly the Vacancy in the 
Council of New- Jersey, it being Mr Stephen Skinner 
and not M' Courtlandt Skinner on whom that Office 
has been conferred. 

The King having thought fit to take the Great Seal 

out of the Hands of Lord Camden, it was yesterday 

dehvered to M' Charles Yorke, and it is His Majesty's 

intention that he should be immediately called up to 

the House of Lords. 

I am &"■■ 

HiLLSBOKOUGH 



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.] 

New York Jan'y 28, l77o 
Dear Sir 

Yours of the SG**" containing an Ace' of the late riot- 
ous Proceedings at Monmouth' came to hand yesterday 

1 Said tlie 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 duty, and to a 
due sense of lawfid 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 Majestj^: "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 evesy principle 
of commercial subserviency to the interest of the mother country that ought to 
prevail in colonies, and which, by attemp)ting to subject the highest legal author, 
ity to the controul of individuals, tend to subvert the foundation of all govern - 
ment."— Dodsiej/'s Annual Register for 177(), 244-7.— [W. N.] 

2 The riotous proceedings here spoken of originated in the bitter feeluig that had 
for several years existed against 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^' Sec'- to 
Summon a Meeting of the Council at Amboy on Wedf 
the 7"' 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, but 
brought their chents, and frequently the sheriff, ui debt to them. They were de- 
nounced in no measm'ed terms. The Stamp Act, which the lawyers had so success- 
fully fought against, was designated as the first " Wounding and devoiu-ing 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 Proj^erty with- 
out Oppression, Vi&d.'''') 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 
Januaiy 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 
armed with clubs and missiles,and drove the attorneys from the place, threatening 
them with personal violence. The business of the court was stopped comf)letely, 
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 3t, 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 Respects to Mrs. 
Skinner. 

DV Sr. Your most Obed* Serv* 
W. Franklin 



Letter from Gov. Franklin to the Earl of HiUsbor- 
ough, enclosing j)'^P^i^ with observations on two 
acts of the New Jersey Assembly. 

[From P. R. 0., America and West Indies, Vol. 175 (193).] 

Burlington, Feb'7 12'!' 177»> 

The Eight Hon^!" 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 Ijordship's Notice, as one 
of them is pass'd with a Clause suspending its Execu- 
tion till His Majesty's Pleasure shaU be signified there- 
on, and the other is not to take place till the 2(>'." 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] AT)MIN"ISTRATIOIsr OF GOVERlsrOR 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 C-ounty 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 Grovernment, 
Erecting suitable Houses for the Meetings of the Leg- 
islature and the Residence 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 



' "A supplementary Act to an Act, entitled, Aii Act appointing Commissioners for 
finally settling and determining the several Eights, Titles and Claims to the Com- 
mon Lands of the Township of Bergen; and for making Partition thereof in just 
and equitable Proportions, among those who shall be adjudged by the said Com- 
missioners to be entitled to the same." The act was disallowed June 6, 1770.—^?- 
linson's Laws, 337. See Wuiflekl's Land Titles of Hudson County, 130-1, 300, 304: 
N. J. Archives, IX., 453-4-9-75-78.— [W. N.] 



1770] ADMINISTRATION OF fJOVEKNOK 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 M' W".' 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 oifer 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 wilhngly 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*." 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 shaU 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 toeing, 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''^ 20"' 17T0 

Lord Hillsborough 

My Lord, 

From the Journals of the Governor & Council of 
this Colony, of November last (before Yiow 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 Keport, 
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 OP GOVERNOR FRANKLIN'. 155 

Council, upon the Committee's Eeport, 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" Stockton 



M"" Stockton's Report In his Letter of the 26« 
Feb'^ 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. 

1'.^ Whether a Court of Equity does exist in this 
Province ? and, if it does, 

2(iiy Whether the Governor is the Judge of it l — The 
reasons which have induced me to believe that a Court 
of Equity does exist in this Province, among others, 
are 

1^* 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. 411 to a new discovered Country, bring with them, 
as part of the Common Law, the Jurisdiction of these 
several Courts; or in otlier 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 been very properly doubted whether 
any of thesa Courts needed at first, or ought to have 
been raised, in the King's Colonies, by Ordinance from 
2 Haw. 2. Sect. 3. the Crowii; as it is certain, the King can- 
4 Inst. 73. not by his prerogative make the least alter- 

ation even in the manner of proceeding in these Courts 
in England. 

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 '" Ojficina Justifice, out of 
4 Inst. 80. " which all original Writs, and all Commis- 
" sions which pass under the Great Seal go forth, which 
" Great Seal is Clavis Begni, and for those ends this 
" is ever Courtopen." And by some it is called '' Offi- 
cina Breviuni originaliuni et remedialium.'''' 
Curs canceii. 3 Original Writs, such as those of Dower, 
Replevin, Partition, &•: are called the Kings Writs be- 
cause they issue out of the Court of Chancery, and are 
tested in his name; in contradistinction to Judicial 
Writs, which are tested in the name of the Chief Jus- 
tice of the Court from whence they issue: And the 



1770] ADMINISTEATION OF GOVERNOR FRANKLIN. 157 

King's Writs are to be granted to the Subject ex 
deb i to 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*^?^ 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 
1 saik. 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 
Curs. Can. 1,2 Icings, wlieu the King himself in person, 
5, r ^^ held a Court similar to the Equity Side of 
the Chancery, to moderate the Sumvium jus, as it was 
called, and to give relief according to good Conscience: 
whei'efor 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 
Sumniuinjus is still vested in the King's Person, and 



158 ADMINISTKATION OF GOVERNOR FRANKLIN. [1770 

would attach to his Governor as his Kepresentative 
here. 

This reasoning is so far from being invahdated, that 
it is estabhshed by the practice of some Charter and 
Proprietary Governments, where a Court of Equity 
does not ex professo exercise Jurisdiction — There the 
Courts of Law liave 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 Equit}*. 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 lyrinciiole therefore, upon which these other 
Governments have gone, is evidently in favor of Some 
kind 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 gieater 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 

4t^' 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 
sSuf o"? New Jei'sey passed in the year 1C98 that a Court of 
Jersey 370. Chaucery then exercised Jurisdiction in that 
part of the Province; for the Act recognizes it as tlien 



1770] ADMINISTEATIOX OF GOVEENOR FRANKLIN. 15 9 

in being;' 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 
1704. first Governor, soon after his arrival in 

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 

^°V,i / Prescription; for Prescription at the Corn- 
Bract, lib 4. . 

foi. 330. mon Law is time whey'eof 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 m^n 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 ways, and by different Judges: if it could, the 
four Courts of Westminster Hall cannot exist by Pre- 
scription; because they have aU been continually vary- 



' " Tlie General AssemLly of this Province, shall constitute all Courts within the 
same, with their Limits, Powtrs aud Jurisdictions, except the present high Court 
of Chancery, and all other Coiuts now in beinfc."— Grroii?s and Concessions, 370. 



160 ADMINISTEATION OF GOVERNOR FRANKLIN. [1770 

ing ill these and other instances. Before the Reign of 
WilHam the Conqueror, the King, as has been said, 
moderated the Summnm jus upon ap}3eals made to 
him; and therefore in that period, he acted as the only 

Giib. Hist. Judge in 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 Justi- 
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. 18 Chief of these Justtciaru was Siipevtor 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. ().' till then it was only the Offic/na Brevimn; 

Curs. Can. 3, aiid siiicc it took up the Equity Side, this 
■*' ^- Court has greatly increased in its Jurisdic- 

tion, and varied in its Practice. 

1 Har. 12. 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 



' Canon Stubbs says the Chancellor exercised equity ministerially as early as 
1280. and in 22 Edw. III. (1348) "'such transactions were recognized as the proper 
province of the Chancellor, and from that time his separate and independent equi- 
table jurisdiction began to grow into the possession of that powerful and comjili- 
cated machinery which belongs to later history." — Const. Hist. England, Oxford, 
1880, II., 292.-1W. N.] 



1770] ADMIi^TSTRATION 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. 

1'.' 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 2Jurpose; — 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 7iot exist in this Colony; yet it 
would Seem that the Governor must notwithstanding 
be impowered by the Constitution to moderate the 
Summum jus, 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'^^' 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'"' 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 



1G3 ADMINISTRATION OF GOVEKNOR 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 not, I believe, been 
generally practised in the case of a Governor; but un- 
doubtedly may be. The Keeper of the Great Seal of 
1 Harr. 19. Great Britain is constituted barely by the 
delivery of the Seal; but the Chancellor after receiv- 
camd. Hist, j^-jp- ^hc Seal from the King, has an Entry 

Chan.lSOCurs. ® O' J 

Can. 21. made upon the Close Roll in the Court of 

Chancery, on what day and in whose presence the 
Great Seal was dehvered: And formerly when the 
Office of Chancellor and Keeper was distinct, there 
was yet a greater difference in their Creation. The 
Curs Can. 19. 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. 131, 4 AikI ill the time of Hen 2'' the form of appoint- 
inst. 87. 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 deb very 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 litre, 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 neitlier can they here, but 
fi'om the Chancery of this Province. The Keeper of 
the Great Seal of Great Britain ex officio is the Sole 
Judge of the Court of Chancery tliere, both on the 



1770] ADMINISTRATION" OF GOVERNOE FRANKLIN. 1G3 

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 hera 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 
3. p. W-- 261. Bernard in 2 Peer Williams 261 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 Court of Chancery within his Province; 
and that an Appeal lay from decrees in Equity made 
by him to the King in Council only. The above Case 
arose upon a Decree given by the Chancellor of Eng- 
land against the Defendant, who, upon inquiry, was 
found to have no Estate in England; whei-eupon 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 ani/ 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 
" Council where alone an Appeal lies from the Decrees 
" in the Plantations; for which reason it seemed that 
^' in such case the Plaintiff ought to make his 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 oniy 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 

1'.* 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 hini 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 C'Olony 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 hat'e, by their Acts, erected 
Corporations; which Acts have received the Kings 
Approbation: But the Great Corporation of London, 
or any other aggregate Corporation that ever existed, 
cannot erect another Corporation; as is evident from 
ioco.3i,isid. r^ nmi^ber of the best authorities: and there- 

291. 1 Salk. 192 

193! ' fore the Seal of a Colony cannot have the 

least resemblance to a Seal of a Corporation. Be- 



1770] ADMINISTRATION 0-b' 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 unhke a Corporation, as a Colony is; and yet 
their Seals are not likened to the Seal of a Cor[)oration; 
4 Inst, from but hecciusG the Kings Writs do not run 
204 to 330. there, they have severally Courts of com- 
pleat Jurisdiction, and each of them a Court of Eq- 
uity — A 

S'J 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^* 
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, hy his Commission and Instruct iojis, 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 
" saz'd offices:'- not meaning surely that he should b& 

. ' New Jersey Archive.^, U., .519. 



166 ■ ADMlJflSTRATION OF GOVERNOR FRANKLIX. [1770 

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 Clovernor's presence is absohitely necessary to 
the very being of the Coui't. 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'^ 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; and it 
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. w"^ 261 pears by the forecited Case from 2 P. W"!* 
201. —A 

4"' Objection has been raised. That the Governor by 
his Commission is impowered, with the Consent of 
the ( 'Ouncil, to erect any Courts for hearing and de- 
termining the Causes according to Law and Ecpiity; 
and it appears, from the Records of this Province, 
that a Court of Chancery was first, after the Surren- 
dry 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 
Conrt. To which it is answered, that this Clause in 



1770] ADMINISTKATION OF GOVERNOR FRANKLIN. 167 

the Governor's C*om mission 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, 213. exist bj Prescriptioii or Act of Parhament; 
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 
tlie 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*.'' 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 ADMIN TSTRATIO]<r OF GOVEENOR FRANKLIN. [1770 

Vide Min- Chancellor, in so many words, has been 
cii from time administered to several of the Governors 
of Gov Huu- r^Yi([ other Commanders in chief of this Pro- 
Bemard. vihce; aiid 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 Reasons 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'7 27^!' 17T0 



The Petition of William Bayard, Esq., of New York, 
to the Board of Trade, praying their Lordships 
to propose to His Majesty the ?^epeal of an Act 
passed in the Province of Neiv Jersey, relative to 
the Common Lands of the Township of Bergen. 

[From P. R. O. B. T., New Jersey, Vol. 10, L. 5.] 

To the Right Honourable the Lords Commis- 
sioners of Trade and Plantations 
The Petition of William Bayard of New York 

Esquire 

Sheweth 

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- 



I 



1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 169 

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 Vaiiet 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 eutred 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 
Connnissioners to the said Patent, to which your peti- 
tioner immediately appeai'ed and suljuiitting 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 i-eady 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 sevei'al Rights Titles and Claims to 
the Common Lands of Bergen and for making Parti- 
tion thereof in just and equitable Proportions among 
thos(^ who shall be adjudged by the said Commission- 
ers to be entitled to the same; whereby certain Per- 
sons therein named are appointed Commissioners 
instead of the persons in the said former Act named 
for settling and finally determining in whom the 



1770] ADMINTSTRATIOIS" OF fiOVERKOH i*RANKLIN. l71 

Right or Rights of the said Common Lands allotted to 
tlie Patent of Secaucus is or are vested, under such 
Dn-ections as therein set forth, and the opinion of the 
said Commissioners is therehy 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 C*ommon 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 C-ourse 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 CJourt of Judicature and of his Appeal from 
thence if necessary, first to the Govei'uor 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' 



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 Jeri5oy.J 

Gentlemen of the Council and Gentlemen of the General 
Assembli/; 
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 
Pi-ovince, 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 Monmoidh. A considerable Body 
of People of that County, spirited up by some factious 
designing Persons, assembled themselves at Freehold, 
on the Day appointed for holding the County Court 
tliere in January last, and armed with Clubs and other 
offensive Weapons, did, 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 to this paper, but it is supposed to have been presented 
March 30, 1770. 



1770] admi:n"istration of goveenoh franklin^. 173 

that they judged it neither safe nor prudent to attempt 
opening the Court: They therefore, after making a 
Record of the Eiot, 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 hekl there, that an Act of As- 
sembly be passed for reviving and continuing the Pro- 
cess and Pi'oceedings 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 tiie 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 



174 ADMINISTRATION OF GOVEKXOK FRANKLIN. [1770 

Persons in the Community, and omit nothing in their 
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 I'egular 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 were ac- 
cordingly adopted, by which Means none of them were 

brought to that Punishment they justly deserved. 

Here it was hoped the Disturbances in that County 
would have ended, especially as the House of Repre- 
sentatives soon aftei- made a particular Enquiry into 
their pretended Grievances, and spent a considerable 
Time therein, without being able to find any Charges 



1770] ADMINIWTRATION OF GOVERNOR FRANKLIN. 175 

of Conseqaence 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 
Autliority, and act in the Manner we are told in Scrip- 
ture that the Jews did, ^^ In those Days when thei^ 
tvas no King in Israel, — no Government or Magistrate 
that might put them to Shame in any Tiling, — hut every 
Man 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 IJth of last January, 
but by the virtuous ard 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 Dext Coui't. 

Upon my receiving Information of these audacious 
Insults to Government, I summoned a Meeting of his 
Majesty's Council at Ambou, and by their Advice, im- 
mediately issued Commissions for holding a Court of 
Oyer and Terminer, in the Counties of Moumouth and 
Essex, that the Disturl)eis 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 GOVERNOE FRANKLIN. [1770 

Eank 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 weU 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 bonnd 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 whicli has been 
made to me on this Occasion, is contained in a Peti- 
tion T received since the last Riot, from about Thirty 
or Forty Persons, who stile themselves The Freehold- 
ers Inhabitants of the Countf/ of Monmouth. But this 
contains only a general Charge against Lawyers in 
general, unsupported by a single Fact against any one 
of them. How can these People expect that Govern- 



1770] ADMINISTRATIOISJ" OF GOVERNOR FRANKLIN. 177 

raent will take Notice of Accusations of this Nature 'i 
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, I 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 Clauses of all their 
outrageous (;onduct, 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 Assenibli/, notwithstanding 3^ou spent so mucli 
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 OF 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, who 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 oi' 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 that wherein the Offence was commit- 



1770] ADMIKISTKATION" OF GOVERNOR FRAISTKLIN. 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- 
pences, as may happen on Emergencies, for the Ser- 
vice of this Province. — They have a Provision of this 
Kind hi 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 particulai-, as I think them of 
the utmost Consequence to the futui^e 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 Moyimouth 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-Caesaria, 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 gi-ieved 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 be heard, 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] ADMINISTRATIOJSr 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 thiuk, 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 



1<S2 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 Apj^earance 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 reivard 
of £25 for the discovery of the person or persons 
ivho 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' 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 particulai'ly 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 Ofi'ender or Ofiienders 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 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770 

of Buiiington in the said Province of New Jersey the 
twenty first day of March in the tenth year of his 
Majesty's Reign Anno Domini 1770 

W*f Franklin 

By His Excellencys Command Cha. PettitD. Secret^ 
God Save the King. 



Ordinance in relation to the Court of Chancery. 

IFroin Book AB of Commissions, in Secretary of State's Office, at Trenton, fol. 51.] 

An Orclinance 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 Eeign, 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 Great Seal of Great 
Britain bearing date the ninth day of September in 
the Second Year of bis present Majest3^s Reign, hath 
thought fit to ordain and declare, and by and with the 
Advice and Consent of his said Majestys Council doth 
hereby ordain and declare that his said Excellency 
William Franklin Esq. is hereby constituted and ap- 



1770] ADMIKISTRATION OF GOVERNOR FRANKLIN. 185 

pointed Chancellor and Judge of the High Court of 
Chancery or Equity in this Colony, and Impowered 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 tliat 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 dej^ending 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 Eules and Orders in tlie 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 needfuU 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 C^ourt, as to him 
from time to time shall seem necessary.' 



• The need of & 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 ofiflces, nor to add to the emoluments of those then existing, and no legis- 



186 ADMINISTRATIOJi OF GOVERNOR FRANKLIN. [1770 

In Testimony whereof I have caused the Great Seal 
of the said Province to be hereuuto Affixed at Burling- 
ton the day & year first above Written. 

Assented to and ordered to be Recorded. 

Wm. Franklin 
This ordinance having been read & Compared in 

Council, is Consented to 

Stirling. 



ation on the subject was enacted.— F/eid'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 JIarch 20, 1770, as follows: " 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.'"— J\r. 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 v.ill 
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 G jvernor, as Chancellor. The New York Assembly repeatedly ex- 
pressed hostility to it. — Smith's History of New York , edition of 1814, 269, 385-8; 
Wo7-ks of William H. Seward, II., 55; Journals of New York Legislative Councils^ 
562-9. In Pennsj^lvania, at the request of the Assembly, Lieutenant-Governor Keith 
established a Court of Chancery, by ordinance, consisting of himself and his Couu- 
cW.—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 Coiu-t independent of that body.— PewH. 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 time, came 
to be considered as so great a nuisance, that it was, therefore, then entirely laid 
aside."-[\V. N-l 



1770] ADMIKISTRATION OF GOVBKNOK FRANKLIN. 187 



Pardon of John Dodd and David Dodd, convicted of 
riothix] at Horseueck. 

LFrom Book AB of Commissions, Secretary of State's Office, Trenton, fol. 59.1 

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- 
d(3meanors 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 C^onfined in the Common Gaol of our sd. County 
in Execution of the sd. Sentence. A}id 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 Dutiful! and Loyal Subjects, and orderly 
Members of the Community and have supplicated oin- 
trusty and welbeloved William Franklin Esq. Captain 
General & Governor in Chief of our sd. Province, that 
they may be released from the said Imprisonment, 



' Horseuecic, 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 

Noiv 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 
Neiv Jersey Assemhhj relative to the Common 
lands of the township of Bergen. 

[From P. R. O. B. T. New Jerst^y, Vol. 17. page 21!!.] 

Whitehall, A prill 11. 1770 
To the King's most Excellent Majesty. 

May it j^lease Your Majesty 

We have had under our consideration an Act passed 
in Your Majestys Colony of New Jersey in November 
176i.>, intituled, 

"A Supplementary Act to an Act intituled an Act 
"appointing Commissioners for finally settling and 
" determining the several rights titles and claims to 
' the common Lands of the Township of Bergen; and 
"for making partition thereof in just and equitable 
" proportions among those who shall be adjudged by 
" the said Commissioners to be intituled to the same;'' 
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 
Circumstauces 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 observatioQ 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 !(>"' of Dec'- 1G63 to his 
Grandfather Nicholas Bayard and Nicholas Varlet as 
joint Tenants and confirmed to them by (jrovernor 
Carteret on the 13'" of October 16f)7, he had claimed 
before the Commissioners (appointed under the x\ct 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 Secq,ucus, 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 



1!»0 ADMINISTRATION OP 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 C.ourse 
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^ 
was exhibited in Council, on the 13'.'' 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 v^^ell 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- 



1770J ADMINISTRATION OF GOVERNOR FRANKLIN. 191 

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*' Fitzherbert. 

SoAME Jenyns. Ed. Eliot. 



Circular letter from Mr. Poiunall to the Governors in 
America inclosing an Act of Parliament respect- 
ing certain duties. 

[From P. R. O. America & West Indies, Vol. 274 .] 

Whitehall 11"' April 1T7<» 

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"' Year of His present 
Majesty for granting certain Duties in the British Col- 
onies & Plantations in America &c' as relates to the 
Duties upon Glass, Eed-Lead, White Lead, Painters 
Colours Paper &c, & am &c 

J POWNALL. 



Letter from Governor FranMin 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^!' 1T7<>. 
The Rt Hon'^'" 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, v^^as inclosed in N" 22; 
of which I have acquainted M- 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. I have, however, the Satisfac- 
tion to acquaint your Lordship, that by the timely and 
spirited Measures which were taken, the Rioters are 
entirtily cjueird 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 Busijiess at the Office. 

The Votes of the former Session of Assembly are 
just printed, and, with some Acts passed at the last 
session, are sent herewith. — The Act for 2)rov id i)ig a 
more effectual Remedy against excessive Costs in the 
Recovery of Debts under Fifty Pounds, it is expected 
by the Council and Assembly will put a Stop to all 
Pretence of Clamour against the Lawyers and Sheriffs 
in this Province. I refused a Bill of a similar Nature 
to this at a former Session, as it was not only judged 



1770] ADMINISTEATiOK 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 ejections, 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,' and to let them for the future be entirely 
elected by the People, as in the Counties in England. 
The Attorney General, JVP" 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 



• 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 



194 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770 



Governor CoIden\<i Commission to John De NoyeUes 
and William Wickhain as Surveyors of the boun- 
dary line between Netv York and Neiu Jersey. 

[From N. Y. Co). MSS., in Sec'y of State's Office, Albany, Vol. XCVI., pp. 86, 87.] 

By the Honourable Cadwallader Golden 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 May did set forth that the 
agents appointed by the Colony of l^ew 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 manner and that the 
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 for managing the said Con- 
troversy together with the Committee of Corres- 
pondence and M' D Noyelles to consult with the agents 
of the Colony of New Jersey on the most salutary 
Meisures to be pursued for the settlement of tliat 
Line: That several Conferences have been had and a 
Plan for the final settlement of the said Line has been 



1770] ADMINISTKATION 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 Royal 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 Rutherford or any two of them on the 
Part of New Jersey, and the said John De NoyeUes 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 ADMINISTRATION OF GOVERNOR 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 Golden 
By his Honours Command. 

Geo Banyar, D Secry. 
A true Copy of the Record Examd this 2P.' May 17T() 
By me — 

Geo. Banyar D Secry. 



Order of Council disallowing an Act of the Neiv 
Jersey Asse7nhly for striking £loO,()0u in Bills of 
Credit^ and an Act regarding the common lands 
in the township of Bergen. 

[From P. R. 0., B. T., New Jersey, Vol. 10, L. 20.] 

At the Court at St. James's the (>^" Day of 
June, 1770. 

Present. 
The King's most Excellent Majesty in Council 

Wliereas 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 Publick Peace 
Welfare and Good Government of the said Province; 
which Laws Statutes and Ordinances are to be as near 
as conveniently may be agreeable to the Laws and 
Statutes of this Kingdom; And are to be transmitted 
for His Majestys Royal Approbation or Disallowance; 
And Whereas in pursuance of the said powers an act 
was passed in the said province in the Year 17G9 and 
transmitted, Entituled as follows Viz- 



1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 197 

An Act for Striking one hundred thousand pounds 
in Bills of Credit' 

Which Act together with a Eepresentation 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 pi'ivy 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 ITOi) 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 Admmistration, In relation to the New York 
and New Jersey paper money bills. The I'easons assigned for their rejection are 
really ridiculous, and can be accounted for on uo 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 liis 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 V—FranMin's Woi-ks, VII. 
483. This is a fair sample of the view taken of this measure in the Colonies 
generally. 



198 ADMINISTRATION OP GOVERNOR FRANKLIN. [1770 



Letter from the Earl of Hillsborough to Gov. Frank- 
lin, Complimenting the Governor and Council of 
Neiv Jersey. 

[From P. R. O. America and West Indies, Vol. 193.] 

Whitehall, July <>"', i77<». 

Governor Franklin. 

Sir, 

I have received your Dispatches of the 2S*." 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 Remedy 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 (Colonies 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 vv^itliout 
His Majesty's Directions for that purpose. 

I am &cf 

Hillsborough. 



1770] ADMINISTRATION OF GOVEKNOK FRANKLIN. 199 



Representation from the Lords of Trade to the King, 
relative to An Act regulating the practice of the 
law in Neiv Jersey. 

[From P. R. 0., B. T., New Jersey, Vol. 17, p. 230.] 

Whitehall, July 2<)"', ITTo 
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 sufficieutly 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. 

HlLI;SBOBOUGH, W" FiTZHERBERT, 

Ed: Eliot, Greville, 

Rob?" Spencer. 



' 111 accordance with this recommendation the King in Coimcil disallowed the 
above act, December 9, 1770. — N. J. Analytical Index, 417, 



200 ADMINISTRATION OF UOVERNOK FRANKLIN. [1?70 



Letter from Governor Franklin to the Earl of Hills- 
boroiiyh, relative to the disjjieasure of the Assem- 
hlif at the disallowance of the Paper Money Act. 

[From P. R. O. .Vmerica and West Indies, Vol. l'^5(193).] 

Perth Amboy, Sept.' 2i»'.'' I77i>. 

Rt. Hon'ble the Eai^l of Hillsborough. 

Mij Lord, 

I am honoured with your Lordship's Dispatches of 
June 12".' and July 0*'' — The Royal 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 
gi'eatly 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 2G*" 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 obhge 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 Provmces 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. ' 
I have the Honour to be, with the greatest Respect, 
My Lord, Your Lordship's most obedient 

humble Servant 
W" Franklin 

P. S. — Enclosed is a Copy of my Speech, at tbe 
Opening of the Session. 



Letter from Gov. Frankliu 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 (103).] 

Burlington Nov^ 5"' 1770 
My Lord,, 

I did myself the Honour to write to your Lordship 
on the 29"' of September last, informing you that I 



' Lord Hillsborou2:h replied November 15, 1770, and stated that he had laid this 
letter before the King. — N. J. Analytical Index, 417. 



202 ADMINISTRATION OE GOVERNOR FRANKLIN. [1770 

was then thei-e holding a Session of General Assembly. 
The Session lasted till the 27"' 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 w^ould 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 The act was passed October 27', 1770. It appointed the following persons " to 
take care of the several Barracks and Iteep them in necessary Repair, to wit, Ed- 
ward Thomas at Elizabeth Town, Hendrick PMsher at New-Brunswick. Samuel Sar- 
jent at Perth Ambo.y, Abraliam Hunt at Trenton, and Daniel Ellis at Burlington." 
Tlie former Barrack-Masters were directed to deliver to persons to be named by the 
Governor the articles bouj^ht for the troops, but not used.— Allinson's LMws,3iO. 
And see N. J. Archives, IX., 57G. 



1770] ADMINISTRATION" OF GOVERNOR FRANKLIN. 203 

it is properly placed, and foi' the real Advantage of 
the Publick. A C^opy 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'" to the Assembly of 
New Jersey about furnishing the Troops 
with Necessaries — And the Assembly's An- 
swer. Oct'" 1770 in Gove"" Franklins of tbe 
5*^ Novemb"" 

A Message from the Governor to the Assembly 

Geydhmen, 

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 wiU furnish me with your Reasons in as 



204 ADMINISTKATION OF GOVERNOR 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?' Franklin 

Oct!' 25, 1770 



The Assembly's Answer. 
Ordered 

That M'.' Berrien and & M'.' 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 

J ON a: Deare Clk 

Oct!' 26, 1770. 



1770] ADMIJSriSTKATION OF GOVERNOR FRANKLIN. 205 



Proclamation hij Governor FranMin, in relation to 
an assault upon John Hatton, Collector at Salem. 

[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- 
depei^ding in America, Chancellor and Vice 
Admiral in the same, &c. 

A Proclamation. 

Whereas I have received Informa,tion 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 Gmis, 
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 Jolui Hatton of four Spanish Dollars, three 
Guns, two Hangei-s, one rifle barrell'd Pistol, a Pair 



206 ADMINISTRATION OF GOVERNOR FRANKLIN. [1770 

of Shoebuckles, and some other small Articles. One 
of the said Mne 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, a»d 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 Robbeiy, (except the aforesaid Smith) who shall 
inform against and prosecute to conviction any one or 
more of his Accom])lices.' 

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 IT TO. 

William Franklin. 

By His Excellency's Command, 

Cha. Pettit, D. Secretary. 

God Save The King. 



I See also under date of Dec. C, 7, 25 and 30, irrO; M.ij- 1 '■, Jnly 13, and July 19, 
71, in this volume. 



1770J ADMINISTRATION OF GOVERNOR FRANKLIN. 207 



Tivo 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 

Y/arrant For John Hatton Esq 

New Jersey \ 
Cape May County \ ^^^ 

George the third by the Grace of God of Great Brit- 
f'""^) ain France and Ireland King Defender of the 

i ) 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°.' Learning, and John 
Leonard Esq'.' three of his Maj? 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-" Forthwith before us the said 
James Whilden Th"' Learning & John Leonard Esq'^* 
or either of Us to find sufficient Sui'ety 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 ADMIJSriSTRATIOlSr OF GOVERNOR FRANKLIIST. [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"' day of 
Deer in the 11"' Year of the Reign of Our Sovereign 
Lord George the third of Great Britain &;c & in the 
Year of Our Lord 17T<) 

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- 
^^-^ ain Fj'ance and Ireland King Defender of the 

) Ideals • 

(__} 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^ 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'' 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 you bring the said Mulatto called 



1770] ADMINISTRATION" OF GOVEENOR FRANKLIN. 209 

Ned Forthwith before- us the said James Whilden, 
Tho^ Learning & John Leonard Esq'' 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 our 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 0*^.'' day of 
Dec." in the 11*'' Year of the Eeign of Our Sovereign 
Lord George the third of Great Britain &c and in the 
Year of Our Lord 1770 

S<^ 

Ja^ Whilden 

Th'^'' Learning [Leaming] 
John Leonard 



Copy of a letter from John Hafton, Collector of Sa- 
lem and Cohensy, to Gov. Franklin, dated Dec. 
7th, 1770, comjjlammg of the action of Mr. Jas. 
Whilden, Thomas Leaming and John Leonard, 
Justices cd Cape May. 

[From P. R. O. America aud West Indies, Vol. 357 (275).] 

I humbly beg leave to inform your Excellencj 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' Justices at Cape 
May viz James Whilden, Thomas Leaming, and John 
Leonard Esq'^ who I am informed could not get any 
others to join them, 

23 NovV — I arrived at Cape May from Burhngton. 
My wounds being so bad prevented me getting there 
sooner. 

24 — I procured Joseph Corsen Esq' to go with me to 
J Leonard, & T: Leaming Esq", when I gave them 
your Excellencys 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'' Pettit wrote by 
your Order on the 17* 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 whei-e 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 ver}^ 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' 1 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, I was obliged 
to leave home the next night in order to get some one 
to bail my man. 

This niglit was assaulted on the road by some man 
who with a stick 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 Still well Esq'" £2<>0 se- 
curity he was so kind as to bail my Negro, being well 



1770] ADMINISTRATION OF GOVEENOK 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 
Excellency s proclamation was this day going about 
my neighborhood, armed with a Club and threatening 
me with destruction. 

6 — I 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 on the same 
day the said James Whilden, Thomas Leaming, & 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' 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' November threatened me with death if I came near 
the Ship to execute my Office as his Maj' Coll' 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 



213 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 hkewise 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 £2o(i 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. 

Since my ill treatment on s Nov!' His Maj'' Vessels 
having been very vigilant has greatly obstructed their 
smugling by water therefore I being so distressed by 
these three Magistrates gives them full liberty to per- 
form it on shore, for I am well assured, & have just 
reason to believe that thei^e hath been & still is several 



1770] ADMINISTRATION OF GOVERNOR FRANKLIN. 213 

thousand pounds worth of contraband Goods lodged 
on this shore since the 8"' 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 pubUc and he bids 
defiance to any. 

Tliese my assertions I can prove if the Witnesses 
are impartially examined, therefore I hope your Ex- 
cellency dotli 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 
FranJdut, transmitting two Ordei^s of Council. 

[From P. R. O. America and West Indies. Vol. 175 U93), No. 28.J 

Whitehall Dec': 11'" J 770. 

Govf Franklin. 

Sir, 

Inclosed I send you two Orders of His Majesty in 
Council On the 9^'' instant; the one disallowing an Act 
passed in New Jersey in June 1705, entitled, "An Act 
for regulating the Practice of the Law and other Pur- 
poses therein mentioned;" the other confirming an 



314 ADMINISTRATIONS OF GOVERNOR FRANKLIN. [1770 

Act pass'ed in May ITOS, 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 Recotnineudation 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 1767, 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 Lordshij^s recommend, has accordingly 
11 sepu. 1767. 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 &^'' 

Hillsborough. 



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 Amhoy, Dec. 25, lYTo, complaiyiing of the 
ill treatment he had received. 

[From P. R. O. America and West Indies, Vol. 257 (275).] 

Perth Amboy, 25*'' DecemM770 
Gentlemen 

On my way to the Governor with the inclosed Re- 
monstrance I received Yours of the 10*?' Inst, on the 
Receipt of which I went to M"" 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- 
ceived M' Read (Jollecfcor of Burlington hath bailed out 
Hughes. M' 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 s*.'' 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 



316 ADMINISTKA.TION 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, & ex]>ect 
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 
Farthi]ig and am in the greatest distress for more, 
who am 

Gentlemen &c? 

John Hatton 
I am to caU on the Govej-nor on my way back for 
an answer to my Remonstrance of the 7"' Ins\ He 
having sent to the Attorney General for his advice & 
the Result thereof I will inform You M' 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 3l)£ Be jileased 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. Hatton, 
giving his opinion on the proceedings of the Mag 
istrates at Cape May. 

[From P. R. O. America and West Indies, Vol. 257 (i7r,).] 

Dec. L^5, 1770. 
M'" Hatton 

I have considered the Papers you have laid before 
me, and those sent by M' Petit and am of opinion that 



1770] ADMINISTRATION OP GOVEUNOH 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. 

C6rt° Skinner. 
to John Hatton Esq'^ 



Letter from Mr. Skinner, Attorney- Genetrd of East 
Jersey, to Charles Petit, Esq., Secret ai^y to Gov- 
ernor Franklin, giving his opinion on the Conduct 
of the Magistrates at Cape May. 

[From P. R. O. America aud West Indies, Vol. 257 (275).] 

Dec. 25, 1770 
Sir, 

I received Yours by M' 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' 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 M- 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' Hatton the Collec- 



S18 ADMIlSriSTRATIO.Nr 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: 

C^ORTLAND Skinner. 
To Cha^ Petit Esq'' Gov? Secretary. 



Letter from Mr. Haftou, Collector of Salem and Co- 
heusey, to the Commissioners of the Customs, Bos- 
ton, relative to his ill-treatment by the Ma(jistrates 
at Cape May. 

[From P. R. O. America and VV^est Indies, Vol. ^JSV (275)]. 

Gentlemen 

I wrote to your Honours from Perth Amboy on the 
25*'' 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 w^iich 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' 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 
I cannot 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] ADMIXTSTRATION OF GOVERNOR FRANKLIN. 21\) 

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 W 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^" Dec- 1770 
N B. The Letter referred to is not yet come to 
hand. 



Letter from the Earl of HillsboroMgh to Governor 
Franklin, relative to providiyig for the King's 
Troops. 

[From P. R. O. America and West Indies, Vol. 170 (194).] 

Whitehall, January 2'!'' 1771. 

Governor Franklin. 

Sir, 

I have received your letter of the 5'!' of Nov!" N° 24. 
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 with -held 
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. 



Letter from Frederick Smyth to the Earl of Hillsbor- 
ough, tendering his seat in the Conucil of New 
Jersey. 

[From P. R. O. America and West Indies, Vol. 170 (194).] 

ISiEW Jersey Jan^: lu"' 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 exjjence 
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] ADMIKTSTRATION OF GOVERNOR FRANKLIN. 221 

dispatch of the hiismess 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 ray 
seat in the Council of this Province. 

I am truly sorry that I sh'l 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 com]3laints, cannot 
be imputed to my misconduct in the discharge of the 
duty of my station in this Country, but solely to the 
inadequate reward v/hich I receive for my services in it. 

I am my Lord with the utmost respect 

Your Lordships most Obed^ Hum": Ser? 
Frederick Smyth. 



Letter from, Gov. Franhlin to the Earl of Hillsbor- 
ough, relative to the War with Sj^iai)/, 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'^ 14^" 1771 

To The Right Hon''.^^ the Earl of Hillsborough, 

&c. &c. 
My Lord, 

I was Yesterday honoured with the Duplicate of 
your Lordship's Circular Letter of the 28*'' of Septem- 
ber, and another of Nov'.' 1 5, 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'?' of 



222 ADMINISTKATION OF GOVERNOE 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 Eeliance on my At- 
tention to the Security of the Colony under my Gov- 
ernment, and that I shall use my utmost Endeavours, 
iu case Matters sliould 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 Novr 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 Lordshi]), 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, vfe whose 
Frontiers are immediately exposed to their Incursions, 
wUl never be able to agree among themselves on any 
effectual Measure for this desirable Pui'pose. And as 
New Jersey has no Inhabitants any ways concerned 



1771] ADMINISTRATION OF GOVERNOR FRANKLIIST. 223 

in the Indian Trade, ' 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 A: 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' 

1'.' An Act for Establishing the Boundary or Parti- 
tion Line between the Colonies of N. York & Nova 
Caesarea or New Jersey, and for confirming the Titles 
& Possessions of certain Lands adjacent to or near the 
said Line. — 

2^ 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'! An Act to enable Persons who are His Majesty's 
Liege Subjects, either by Birth or Naturalization to 
inherit & hold real Estates, notwithstanding tlie Pur- 



' Foi- this reason the dispatch is omitted here. It is published in N. Y. Col. 

Docts., vni., a54. 



324 ADMINlSTIlATIOlSr OF GOVERNOR FRANKLIN. [1771 

chase, Grant, or Devise, were made before Naturaliz- 
ation within this Colony. 

The Hon^-^*" John Ladd, Esq?' departed this Life on 
the 2(»*.'' 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- 
cellors 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 pubUck 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 



' John Ladd was a surveyor and man of prominence for many years in Salem 
and Gloucester Counties. — ClemenVs First Settlers of Newton Township, 142-3-5. In 
1740 he interested himself in getting evidence against Robert Jenkins, of Salem, 
arrested for having counterfeit money in his possession. — Fenn. Archives, 1 , 623. He 
was elected a member of the A.ssembly from Gloucester in 17.M.— iV. J Hist. Proc, 
May, 18.50, 31. While still a member of that body, he was recommended by Governor 
Belcher in 17.58 for a seat in the Council.— iV. J. Archives. IX., Vi'i. In 17G3 he was 
appointed one of the Surrogates for West Jer.sey.— i6., 350. In 17G3 Governor 
Iranklin recommended him for appoiutmenl as Councillor, saying: "M"'. Ladd is 
a Gent", of Fortune and umblemished Character, was formerly in the Assembly 
where he was always on the Side of the Administration, and is now one of the 
principal Magistrates of Gloucester County, which Office he has long executed with 
Ability, and Credit to himself." —lb., 387. Mr. Ladd was appointed August 31, 1763. 
—76., 394-5. -[W. N.] 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 235 

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 quahfied to 
serve His Majesty in that Capacity of any I am at Lib- 
erty to mention. One is Daniel Coxe' Esq'', of Tren- 



1 On April 36, 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.— i\r. 
J. Anahjtical Index, 423. Daniel Uoxe was the fourth of that name identified with 
tlie history of New Jersey. Some notices of the family may not he inappropriate 
here. The first Daniel Coxe of whom we have record was of Stoke Newington, 
England, and died in 1686.— Penw. Hist. Mag., VU., 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 prohflc 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 36 degrees, and extending from the At. 
lantic to the Pacific, which he spent a fortune in exi^loring, his vessels being the 
first to ascend the Mississippi from its mouth. This was called Carolana. He was 
a staunch Chm-ch of England man, interesting himself in establishing that church 
in West Jersey, near Cape May.— 16., V., 114; VII., 317-26. 

The third Daniel Coxe was the Doctor's eldest son, and was baptized in London, 
August 31, 1673.— J6., \T[I., 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 1703, and by whom he was appointed Commander of the forces in West 
Jersey.— iV^. J. Archives, IH., 35, 43, 41. 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 Pi-oprietaries.- /&., 35. He had been recommended in 1703 by the Earl 
of Nottingham and by the Earl of Clarendon for a seat in the new Governor's Coun. 
cil of New Jersey.— A^. J. Archives, II , 4S6, 503. In 1705 he was again recommended 
by Lord Coi'ubm*y, and notwithstanding the hostility of the Quakers he was ap- 
pomted in 1703, and soon after sailed for America, when Lord Cornbury appointed 
him one of the associate Judges of the Supreme Court of the Province.— -V. ./. Ar- 
chives, HI., 78, 84, 135, 132; VroonVs Supreme Court Rules. 47. In the year follow- 
ing (1707), notwithstanding his hostility to Quakers in general, he made an excep- 
tion in favor of Sarah, the presuma.bly 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, od tiie Jersey side, under a tree by fire light." The gallant 
bridegroom was then a "tine flaunting gentleman."— tFafsoJi'.s Annals, I., 50. 
On the arrival of Lord Lovelace, In 1708, as Governor of New Jersey, Colonel Coxe 
was again named as one of the Council.— iV. J. Archives. HI., 313. He did not get 
along so well with Governor Hunter, at whose request he was removed from the 
Council in 1713.— i6., IV., 149. 183. He was elected to the Assembly in 1714, by the 
" Swedish vote " (N. Y. Col, Docs , V., 399, 401), and again in February, 1716. from 
the county of Gloucester and from the town of Salem, both, although Sheriff Wil- 

15 



236 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 

ton (about ten Miles from hence) and the other, John 
Lawrence, Esq''., who Hves 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 being chosen Speaker, 
April 4, complained of Sheriff Harrison oa the 26th, and had the satisfaction of 
publicly reprimanding him, by 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- 
tm'ned, they were again expelled. — M3. 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.— iV; Y. Col. Docs., V., 
483; VI., 52; JV. J. Archives, IV., 2C7, 299. While thus retired from official hfe the 
Colonel directed his attention to literature, publishing in 1732 a description of 
" Carolana," which was republished in 1727 and 1741. — Stevens's Historical Nuggets, 
I., 199, 200. In 1735 he ran for the Assembly in Burlington, where the Sheriff 
adopted in his behalf the device of SherifE Harrison some years before in Glouces- 
ter.— i\r. 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 
Neiv 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 thereafter until his death.— Frooni's Sup. Ct. Rules, 47; Lewis 
Morris Papers, 48. Most of his life in America had been spent at Burhngton, but 
during his later years he lived at Trenton, where he died April 23, 1739, and was 
buried at St. Mary's Chiu-ch, Bui'Ungtou.— ff(7/s's Flist. of the Church in Burling- 
ton, 255; Dr. HalVs First Pres. Church, 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 first charter of the borough 
and town of Ti'enton. — Book AAA of Com.mi'isions. in Secretary of State's Office, 
Trenton, fol. 266. Dm-ing the rioting in 1747 he was naturally identified with the 
Proprietary party.— jV. Y. Col. Docs., VI., 345. His will, dated January 2.5, 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.— Li6er 
No. 8 of Wills, in Secretary of State's Office, Trenton, fol. 536. 

His son, the fifth Daniel Coxe, was probably born about 1740. 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, .nn, .54. In the fall of 1767 he sailed 
with his " ife and his brother-in-law, John Tabor K^nipe, Attorney-General of New 
York (who had married Grace Coxe), for England, where they managed to get 
their C'arolana claims adjusted by accepting instead extensive grants of land in 



1771] ADMINISTRATION" OF GOVERNOR FRANKLIN. 227 

bers of the Church of Enpjland. I have the Honour 
to be, with the greatest Respect, 

My Lord, Your Lordship's 

most obedient humble Servant 
W. Franklin 



Governor Franklht to Major William Trent. 

[From the original, among the Manuscripts of Wm. Nelson. | 

Burlington, Jan/ M, 1771. 
Dear Sir, 

I Yesterday received your Letter of the 31 ^"^ of 
October, & immediately sent for Mr. Allinson, one of 
the Burp Company of whom you borrowed the 15,00£ 
on a Mortgage on Part of your Estate in Pensylvania. 



Western New York.— Dwer's Life of Lord Stirling, 89; Cal. 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 Chairman 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 Jime, 1779, he wrote to Joseph Galloway that he was confident the end of the 
Rebellion would come that Summev.— Hist. Mag , June, 1863, 181. He married June 
5, 1771, Sarah, daughter of Dr. John Redman, of Philadelphia. — Records Christ 
Church, 2 Penn. Archives, 11., 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 dm-ing the War. She was evidently in 
Philadelphia ;vlien Coxe wrote to Galloway in 1779. In 17S0 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.— 3/oore'.s Diary of the Revolution. H., 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.— Pen?!. 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 1838, 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.— .Y. J. Law Reports-i Ilalsted, 378; 5 Halsted, 328; 6 Hal- 
sted, 395. She died at Brighton, England, in 1843, aged ninety-one.— i>'a6i7ie, I., 340. 
[W.N.I 



328 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 Sale 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 suflicient 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 resj^ect. 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 snatch'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- 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 Ti-eaty 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.] 



1771] ADMINISTRATIOK OF GOVERNOR FRANKLIN. 220 



Letter from John Poirnall to JoJni Robinson, relative 
to a boimty upon Slaves from America. 

I From P. R. O. B. T. Plantations General, Vol. 42, p. 376.] 

Whitehall March 1, 1771. 

To John Robinson Esqi" 
Sir, 

The Report of the Commissioners of His Majesty's 
Customs containing objections to the granting a Bounty 
upon Slaves from America, which Eeport was inclosed 
in your Letter to me of the IG"' 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 yoa the inclosed 
Copy of the said Memorial, and to desire you will be 
pleased to communicate it to the Lords Commiss''.* 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. 



1^30 ADMIJSriSTRATION OF GOVERNOR FRANKLIN. [1771 



Letter from Governor Franklin to the Eat'l of Hills- 
borough, relative to ordering recruiting parties, 
and to making provisioyi for the King'^s troops ; 
also announcing the death of John Smith, a mem- 
ber of the Council. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

Burlington, March ^T, 1771. 
Right Hon''^'' 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 Eecruiting 
Parties as shall be ordered into New Jersey. His Maj- 
esty may have the firmest Peliance, that I shall exert 
my utmost Endeavours, in every Matter which may 
be 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 17"' 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] ADMINISTEATIOK OF GOVERNOR PRAKKLIN. 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^ Franklin. 

P. S. I have just receiv'd your Lordship's Letter of 
Jan'7 2^ 1Y71, N° 29. 
The Hon''.^® John Smith died here Yesterday. ' This 



' John Smith was the second son 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 wasborn -'Ist mo. 20th 1722"— March SO. 1722. In 1741, 
he sailed in one of his 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 yoimg 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, m answer to G. Tennent's Sermon on the Lawfulness of War." Withal, 
he fomid time to promote the organization of the Philadelphia Contributionship, one 
of the first fire insm-ance companies in the country, and helped foimd the Pennsyl- 
vania hospital (1751 ). He was also pi'ominent in Friends' coimcils, being chosen a rep- 
resentative to the Quarterly and Yearly Meeting, and held some minor offices not 
inconsistent with his professions. In 17.50, and again in 1751, he was elected a mem- 
ber of the Pennsylvania Assembly. Meantime (174G-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 yoimg gentleman from Virginia: "She 
was tall and slender, but Exactly well Shap'd; her Eyes Exijress'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, %\hich at once Siu'prized 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 soUcitude 
for her comfort, borrowed Govei'nor 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- 



332 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' 
and John Lawrence Esq' who reside in the Western 
Division. 



ried " 10th mo. 7th, 1748 "—December 7, 1748, and after spending a day or two at 
her fatlier'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, 
1 761 . He appears to have taken up a residence in Burlington some years before this, 
occupjing the house built by his father in 1720.— The Smiths of Burlinglon, 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.- iV. J. Archives, 
IX., 127, 151, 153. In' June, 1701, he was named one of the Commissioners to Try 
Pirates.— /6., 384. On the death of his wife he retired altogether from business, 
and .spent the rest of his days at BurUngton, occupying himself in quiet works of 
benevolence, and in the faithf id discharge of his pubhc 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 hmidred 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," v.-as the reply. 
"Put up your bell and go home, and I will buy the 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 Siiiiths 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 bis 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., II., 233. Samuel Smith sums up a characterization of him thus elo- 
quently and feelingly: " He was, in every conjugal rela ion, affeetionatelj' tender; 
a fond father, an indulgent master; he was more. But I must stop— he was— my 
-br jtlier, my most intimate friend and companion ! I lost all that could be lost in 
those relations."— r/ie Smiths of Burlington, 165.— [W. N.J 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 333 



Letter from Oovernor 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. 3(), 1771 
Lieut. Wadman 
Sir. 

I am favoured with your Letter of the 2P' Instants 
acquainting nie with your being sent by tlie 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* Servant 

Wf 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 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 W- Pownall, I have perused and 



234 ADMINISTRATION OF GOVERNOR FRANKLIN. [1?71 

considered Seven Acts passed by the Governor Coun- 
cil and Assembly of New Jersey in March i\TO 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 1770 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 tlie Relief of Insolvent Debtors, and for 
"other purposes therein mentioned." 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 23o 

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 hkewise 
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 refei'ence 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*?^ 1771 R Jackson 



236 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 



Letter from Benjamin Franklin to Gov. Franklin — 
The Ohio Affair — The Assemhhfs Insolvent Laws. 

[From Works of Benjamin Franklin, Vol. VII., 516-7.] 

London, 2o April, 1771. 
Dear Son, 

* * * The 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 l)usiness 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 tov^^ard 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 ])re- 
ambles only say, that such and such persons liave 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 
which, he tliinks, should appear in the preambles, and 
then those acts would be subject to less objection and 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 237 

difficulty in 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 Assemhhj 
to provide for the King's troops, and transniitt ing 
Copies of his Speech and Messages on the Subject. 

[From P. R. 0., America and West Indies, No. 194.] 

Burlington April 30*." 1771. 
To the Et. Hon^'" the Earl of Hillsborough. 

My Lord 

I had the Honour to acquaint your Lordship in my 
Letter of the 27*" 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 Resolution 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, 



338 ADMINISTEATION 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, 
w^ho, 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 :^S*.'' of May, they will consent to grant the 
Money necessary for the Supply of tlie 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^ (ind Geiitleineit 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, w^hen 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 FrugaHty. 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- 



340 



ADMINISTRATION OF GOVERNOR FRA.NKLIN. [1771 



form Wishes to preserve the pubhc 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 Mihtia. Prom 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 
Orders to the Commanding Officers of the sevei^al 
Regiments, to have their Men as frequently exercised 
and as well disciphned 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 w^ould 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 
America 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 Biirr, in "A Discourse Delivered in New-Ark, in New Jersey, 
January 1, 1755," uses this expression (spealting of the threatened Frineh war): 
" The Way to have Peace in the present case, is to make a speedy and vijjorous 
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 eflfectu.al means 
of preserving peace." The Latin proverb is, " St vis pacem, para bellum.''—Mac/. 
4m. Hisi., X., 73, 580.— [W. N.] 



1771] ADMINTSTRATION OF GOVERNOR FRANKLIN. 2-41 

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 Aifairs 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, 
Netv-York 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 but 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 ia Jane 1705 intitled, "An 
Act for regulating the Practice of the Law and other 
Purposes therein mentioned," (which Act was ren- 
dered unnecessaiy by a subsequent Act of the Legis- 
lature of this Province;) the other confirming an Act 
passed in Mti/ 1768. entitled, "An Act for choosing 
Representatives in the Counties of Morris, Ctimber- 
16 



342 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 

land and Susscr, and directing the Morris County 
Taxes to be paid into the Eastern Treasury of this 

Colony. " 

William Franklin. 
Council Chamber April 18, ITTl. 



To His Excellency William Franklin Esquire 
Captain General, Governor and Commander 
in Chief in and over His Majestys Colony 
of Nova Ctesarea or New Jersey and Terri- 
tories depending thereon in America, Chan- 
cellor and Vice Admiral in the same &c. 

The Humble Address of the Representatives of 
the said Colony in General Assembly con- 
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] ADMINTSTRATION" 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 Good People of those Counties will 
be equally Represented. 

By Order of the House 

Step"^ Crane Speaker 

House of Assembly April 2<»*.'' 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 V/elfare are so greatly concerned. 

The Resolve asserts in positive Words, ''That the 
Colony is 7iot of Ah Hit y to make any furtlier Provision 
for the Supply of His Majesty's Troops stationed in 
this Cblony." The Address refers me to your Message 
at the last Session at Perth Amhoy, 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 ADMINISTKATION OF GOVERNOR FRANKLIN. [1771 

has, or has not improved within the last six Months, 
is a Question of great Nicety, and which, I beheve 
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 happened 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 C^onduct 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 akeady 
'"'grievously hurthened by their Zeal for His Majesty's 
" service during the late War; * * that s/^ice the 
" War the Colony has incurred a very heavy Debt and 
'' ne-dvlj exhausted the Treasury. * * * that they 
" have ah-eady expended t?ery large Sums that the 
" Peace of the Colony might not bo interrupted; * 



1771] ADMINISTRATIOlSr OF GOVEHNOK FRANKLIiiT. 245 

" * that the House were induced to comply with 
" my Eequisitiou 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 17C)V>. The Keason 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 GeorgethQ Second (1753) the Circumstances of 
" this Colony are ynuch altered by the great Tmprove- 
''' ments made therein, by its Increase and Population, 
" and the Erection of a neiv Count ij, 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 i?o^/aZi?eg^*^s^Y^o?^ without introducing T^ezt' 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. [1771 

Law. Above Half of this Sum v^as then actually 
in the Treasury, ready for immediate Use, and the 
Eemainder, 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 43.59: 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 £6039: 2: 11 

Now we have Reason 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 GOVERNOK FRANKLIN. 247 

£3929: 8: (» the Sum requisite for the remaining Half 
Year's Support of the Government, - £1250: (»: o and 
for completing the Year's Allowance to the Troops, 
700: 0: 0=1950: 0: we yet shall have in hand, with- 
out calling in a Farthing of the Sums outstanding 
£1979: 8:0 

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 w4th 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 Llajesty's Subjects in- 
" habiting this Province are from the Strongest Alo- 
*' tiues 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 Croum." In an 
Address to the King on the Repeal of the Stamp Act, 
they "assure His Majesty that as they have /^ereio- 
"'fore granted Aids to the Crown, suitable to their 
"Circumstances; so whenever Requisitions are made 
"for that Purjiose, 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 io comply therewith to the utmost 
" of their xl6/7^Wes." And in their Address to me on 



248 ADMIJSriSTKATION OF GOVERNOR FRANKLIN. [1771 

the 2od of June 17fi7, they say that " His Majesty's 
gracious Recej^tion 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 imj)rove 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 1T6S; 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 Constitueuts, 
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," I am 
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 Bu7^then 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 J H«?t?« by Taxes; but upwards 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 249 

of twenty nine Years (from 1T55 to 1783 both inclu- 
sive) are aUovved 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 oi'dered 

to be sunk . . £^,m() xjer Annwn 10,000:0:0 
2 Ditto .... 10, ()0() per Ann. 20,000:0:0 

11 Ditto .... 12,500 Do 137,500: 0: 

12 Ditto 15,000 Do 180,000:0:0 



29 Total, £347,500: 0: 

The greatest Part of tliis 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 know^s the true State of this Colony 
pretend to say that Fifteen Thousand Pounds Cur- 
rency a Year, w^hich is the greatest Sum to be raised, 
can be a grievous Burthen on the People '\ This Years 
Tax amounts to £12,5<)0 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 



350 ADMINISTRATION OF GOVERKOR FRANKLIN. [1771 

above £45, or under £0 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 bheir Landed Property, which 
is Four Shillings in the Pound, besides innumerable 
other Taxes uiiknown to the People of this Country. 
Compare it even with the Taxes paid by some of the 
New-Engkmd Governments or with those paid by our 
neighbouring Colonies New-York 2iU^ Fennsylvania, 
and you will fuid it so much below them, that I am 
convinced you wiU be ashamed ever to mention the 
Words grievoiis Burthen again on any such Occasion. 
But when it is known that the Donation you received 
from the ParHament during the War amounted to 
£79,068: 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 £34T,5()0 men- 
tioned in the Quota Act to have been "struck in the 
'^last War with France for the Use of the Crown." 
Of this Debt there remained to be sunk from the Time 
wlien that Act passed in 17r.;», to the Year 1783, about 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 251 

£190,000.. Nor can I comprehend what is meant by 
the " very large Sutns 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 w^ith- 
out introducing netv Taxes — that the People are not 
grievously burfhened on account of the late War * * 
that the Colony is of sufficient Ability, even if a 7iew 
Tax was necessary, to make further Provision for the 
Supply of His Majesty's Troops, I cannot therefore 
but flatter 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 Parhament, 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 our Message to your Excellency at the last 
Sessions; yet, nevertheless as at that Time the Winter 
w^as approaching, and we being in Hopes that you 
would use your Influence to have the Burthen removed, 
and that the House should not he 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 yoii in the Bill, entitled, 
"An Act for striking £100,000 in Bills of Credit," 
passed no longer ago than in December 176!). 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, wiiich 
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 get as much now for his Year's Labour 



1771] ADMINISTRATION OF GOVERNOK 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 seU, 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 Neiu-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, abont £.150 to the 
Barrack-Masters of New -Brunswick, £.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 yon in the Preamble of the 
Act for settling the Quotas passed in December 17<)9. 
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 



354 ADMINISTEATION OF GOVEKNOR 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 17i)5. 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, Fidehty 
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 j^er 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 E\is- 
tresses of this Colony having arisen to a great Height, 
and the late appearance of a War being now over, we 
do think that Expence ought not to be continued upon 
us indefinite. 

Nor does this Denial contradict the Addresses and 
Petition your Excellency msntions; 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 Province ? " 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 siuiilar 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 the}'' 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. 



356 ADMINISTRATION OF GOVERNOli 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-Jerseij 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 Reason that your Excellency and we give such 
different Accounts of the Riches 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 
kSovereign, 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 2o, 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] ADMINTSTRATION OF GOVERNOR FRANKLIN. 357 

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 oi 
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 Marnier 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 the}^ 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 liave for the 
most Part contented yourselves with rej)eating your 
Assertions, and where you have ventured to have Re- 
course to Facts you have either mistated or misrepre- 
sented them; a Conduct no ways becoming any one, 
17 



^58 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 

Imt much less so respectable a Body as the Represen- 
tativ^es 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, (>00 
passed in December lTtU>. 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 lias 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 otlier 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 very 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 may he 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 Pi'eamble, 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 
tliat 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 pi'oduced 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 tlie 
State of the Colony. 



260 ADMIJflSTRATION OP GOVERNOR FRANKLIN. [1771 

The Reasons you give for the high Price of Wiieat 
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 ? 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 diffei*- 
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 sti-ange 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 (jreat Distress.'" But I 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 Riches of this Province !" 

I shall next consider your Remarks upon w^hat 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 £3i>2!): 8: This 
Sum you say is charged with 

No. 1. To the Executors of Mr Parker . 44: 0: 

2. To disabled Soldiers . . . 50: 0: 

3. To the Barrack Masters at Neiu 

Brunswick, . . . . 150: 0: 

4. To the Agent .... 200:0:0 

5. To the former Committee of Corres- 

pondence 1000: 0: 

6. To the present Committee . 100: 0: 

7. To the East- Jersey Proprietors . 2000: 0: 

£3544: <»: 

Besides the Support of Government for Seven Months 
Incidental Charges and Bounties on Hemp and Flax, 
for neither of wiiich 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 ? x\nd 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. 



262 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 4o£ 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 cnrrent 
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 £. lOTU: S: 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 £. 125<) I allowed for the Support of Govei-n- 
ment for the remaining Part of the present Year. The 
last Article Xo. 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 Eoyal 
Eequisition, is beyond my Comprehension. You must 
know Gentlemen, as well as I do, that the £.'MhH) sub- 
jected to the Disj^osal of the Eastern Proprietors were 
only allowed to be taken from Time to Time as it 
might become necessary, ''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 indemnif}^ the Colony for the 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 263 

said Sura, but a certain Number of them are obliged 
to give Bonds to the Treasurer " coiidifioned for the 
Replacing such Sum or Sums of Money, without In- 
terest, into the Treasury, when demanded by such 
Treasurer hi/ 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." 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 Reason given by 
Dte 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 
Resolve, 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 w4iat you say con- 
cerning the Barracks. 



264 ADMIJSriSTKATION 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 Amhoy, 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 tow^ards 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 wdth 
the Necessaries required, yet it has cost the Pi^ovince, 
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 £.2i»0," which is not the Case, 
the Quantity received of the former Barrack- Masters 
by the one I appointed being exactly 22S Cords, which 
if we reckon at 15s 0|- light Money per Cord (the 
Medium Price he purchased at) amounts to only £.151: 
17: ?>^ 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 GOVEKNOR FRANKLIN. 365 

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 Y(»0£ 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£ j^tr 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 li^ or J40u£ under the present Management, I 
shall not make the least Objection; but I shall hope 
then to hear no more of the Povertij 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 w^ays 
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 Rent 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 beheve, 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 lated at less. But be that as it 
may, I desired you likewise to compare our Taxes 
with those of several neighbour ing 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 
" 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 'I Did I even ask you 
to run in Debt at all I 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 8ive—'^'A)^ 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 A'aluation 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 Kest 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. 367 

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. I 
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 shaU 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 pi'opose to spend the Remainder of my 
Days. 

You do me great Injustice, Gentlemen, in suppos- 



368 ADMINISTRATION OF GOVEENOR 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 Occa,sion 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 com])ly, 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 aUow you 
for this Purpose is but short, yet I shall hoj^ie it will 
be sufficient for you to see the Expediency of receding 
from your Resolution, and thereby restoring that Bar- 
mony which is so necessary to the publick Welfare. 

William Franklin. 
April 2 'J, 1 771. 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 369 



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''^ 

We the freeholders of the County of Hunterdon 
Province of West Jersey; to the Representatives of 



' Jclin Hart, later one of the signers of the Declaration of Independence. " Born, 
where or when, no man now appears to know, and whose liandwriting many have 
sought and few have found, in other form than on a Colonial note." — Col. T. B. 
Myers, in 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 Stouiugton. — Cooletfs Early Settlers in Tren- 
ton, 101-5. Captain Hart was a zealous Presbyterian, and recognized as such by 
the_ dignitaries of the church.— 76., 101. The records of the Presbyterian Church at 
Maidenhead (now Lawreuceville) show that John was baptized there by the Rev. 
Jedediah Andrews, of Washington Square Presbyterian Church, Philadelphia, 
"12th Mo. 21st, 1713."— ff/sf. Somerset and Hunterdon Counties, 818. Various 
writers have interpi-eted 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 fatlier 's 
farm, and received little or no education, the few specimens we have of his manu- 
script mdieating an illiterate writer. He was a Justice of the Peace of Hunterdon 
county in 1755. — 76., 258. He was elected in 17()1 to the twentieth Assembly, wliieh 
began its sittings April 7, 1761.— iV. J. Hist. Society Proc, May, 1850, 32; Allinson''s 
Laws, 238. Upon the dissolution of that Assembly, in 1768, he was again elected a 
member in June, 1768, and sat in the twenty first Assembly, wliich first met Octo- 
ber 10, 1769.— iV. J. Hist. Soc. Proc, May, 18.50, 32; Allinson's Laics, 312,- 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 cliosen to the 
second Provincial Congress.— il/mwies Provincial Congress, etc., 1775-6, 14, 49. He 
attended the sessions of that body in May and 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 ADMINISTKATIOK OP GOVERNOR FRANKLIN. [1771 

said County appointed to meet att Burlington with 
the other Representatives of said Province on the 2s"' 
day of May Anno Domini 1771 — Greeting. 

Oeyitlemen 

Whereas we understand his Excellency the Gover- 
nor lias adjourned the House of Assemhly in order to 
Consider further on divers Affaii's 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 liim was tliat of signing liis name to 
the reams of paper money issued by the Provincial Congress. On June 15, 1770, he 
was elected Vice-President, and one week later was elected one of tlie five delegates 
to the Continental Congress. — Minutes. He and his colleagues arrived at Philadel- 
phia in season to affix their names to the immortal Declaration, on July )l, 1770. In 
the selection of a new delegation of Congressmen November 30, 1770, 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, 1770, but he never faltered in his loyalty. — Cooley, 105-6; Lives of the Sijjners, 
by Sander.son, Goodrich, Lossing; Hist. Collections of N. J., 263; Governor Parker's 
Oration, July 4, 1865. Under date of " Prineetown, 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. ColUngs 
[ColUns] to print fifty Coppies of the Law for purching Cloatliing for the New-Jer- 
sey Redgment and transmit the same to your Excellency as soon as possable. I 
am Sir Youi'e Humble Sevant John Hart. To his Excellency William Liveing- 
ston." — Sedgii'ick's Livingston, 192. Mr. Hart paid his dues to the Pennington 
Presbyterian Church as late as 1709. but gave the Baptists in 1771 a deed for the 
plot on which their church had been erected in 1747. — Cooley, 110; EdwartVs Hist. 
Baptists, n., 45. He died May 11, 1779, at his home in Hopewell. In 1865 the New 
Jersey Legislature caused a monument to be erected to his memory, on 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 preeedmg 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 in 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 i^articulars, the compila- 
tions err. Mr. Hart's will was proved May 23, 1779. — Governor Parker's Oration, 
Appendix, 36. 

Samuel Tucker was born in 1721, and at an early age enlisted in mercantile 
business at Trenton, then in Hunterdon county, extending his operations occasion- 
ally to New England and the West Indies, and soon establishing a reputation as a 



1771] ADMINISTRATION OF GOVERN'OK FRANKLIX. 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 Eeasons 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."— iV^. J. Archives, 
VII., 637, 640. He was a Justice of the Peaee of Hunterdon in 17&i.—Hist. Sotjierset 
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-flrst As. 
sembly.— iV. J. Hist. Soc. Proc, May, 18.50, 32; AUinson's Laws, 70, 100, 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 177'2 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 iu that Assembly imtil it was prorogued for 
the last time, Decembers, 1775. In the meantime he was Chairman of the Hunter- 
don county meeting, July 8, 1774, svhicli appointed delegates, himself among the 
number, to the fu-st Pro\'incial 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, lield for the same purpose. He had 
been appointed by the Assembly, February 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 
'• Govei-nor " 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 precedmg 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 £X00.— Minutes, 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 liave 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., 662. 
These words would appear profoundly significant, in the light of events during the 
next three weeks. On December 9, the State chest cr>ntaining money and other 
valuables, which Treasm-er Tucker had sent away from Trenton to keep from fall- 



273 ADMT"NrlSTRATION OF GOVKRKOR FRANKLIN. [1771 

towards their Support. Moreover we your Constitu- 
ents Subject these following Queries to your further 
Consideration. 

1'.' Whether to have the King's Troops stationed 
among us in Time of Peace is Constitutional and 
Agreeable to our Rights and Priviledges 'i 

2'-'^ 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'.'^ Whether Regular Troops does not spread Vice 
and Immorality in a Country where they are main- 
tained in idleness ? 

4^"' Is it Consistent with Honour and Justice to Sup- 
port those who do us no Service ? 

5"! Whether there is not Danger that a Mihtary 
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. Hall, the Hessian commander. Governor Livingston was much dis- 
pleased with the whole affau', 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 previously 
entertained for him, and forced his retirement from public life. — Minutes, passim; 
HalVs Pres. Church, Trenton. 27i; FieWs Provincial Courts, 1G9; Elmer^s Remi- 
niscences, 8C5; Gordon's N. J., 237. Nevertheless, he retained a good position in the 
community, and in the ensuing September, John Adams records that he " lodged 
at Mr. S. Tucker's, at his kind invitation."— irorAs, IL, 438. From 1V6G to 1788 he 
was a trustee of the Presbj-terian church at Trenton, being clerk of the Board 
most of the time.— HaWs Hist., 200. He died January 14, 1789, aged 67 years, 3 
months and 19 days. — 76., 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 he 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 he showed the earnestness of his 
views on that subject b.y providing in his will for the freeing of his slaves, on cer- 
tain prudent conditions. — Hall, 203. 

It is related that once when Tucker and Hart were both candidates for the Assem- 
bly from old Hunterdon and its dependent counties, the latter was supported by 
the Presbyterians, and Tucker by the Episcopalians, Methodists and Baptists. 
'• During the first two days of the election Hart was aheal, but on the third, one 
Judge Brae coming up with a strong reserve of Church-of-England-men secured 
Tucker's return. A wag observed that the Judge was not unlike the Witch of 
Endor, for it was clear that he had raised SxinueV— Sedgwick's Livingston, 143. 
if this incident occm-red it must have been in 1772, as in 1761 Hart was successful. 
In 1769 both men were elected, and in 1772 Tucker was chosen. — [W. N.] 



1771] ADM:I]S"ISTRATI0N of GOVERI^fOR FRANKLIX. 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'" Sherd Andrew Stout 

Nehemiah Saxton James Mattiven 

Nathaniel Stout Abraham Stout 

Benjamin Stout W*? Chamberling 

W*? Bryant. 



Order of Coiiucil, appointing Dcmiel Coz'3 a inenibtr 
of the Council of New Jersey. 

[From P. R. O. B. T., New Jersey, Vol. 10, L. ai.J 

At the Court at S^ James's the Y^ Day of 
jVIay 1771. 

Present 
The Kings most Excellent IVIajesty in Council. 

Whereas there was this day read at the Board a 
Eepresentation fi'om the Lords Commissioners for 
Trade and Plantations Dated the 20!!.' of last Month, 
Setting forth, that John Ladd Esquire one of his 
IVCajesty'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 ADMIN"ISTRATION OF GOVEENOR 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 Hillshorougli to Governor 
FrauMin, relative to the dispute luitli Spain, the 
Indian trade, etc. 

[b>om P. R. O. and West Inclie.-i, Vol. 170 (194).] 

Whitehall -1^" May ITTl. 

Gov'' 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 Dis]3ute 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 zealou.-^ly into the Consid- 
eration of that Business as the nature of it seems to 



1771 J ADMINISTEATIOISr OF GOVEENOR 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- Coxe, & Mi" Lawrence, in consequence 
of the Vacancy in the Council, by the Death of M- 
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'' 

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 ludies. Vol. 176 (194).l 

Burlington, May li»'.'' 1771 

The Right Hon^^*^ the Earl of Hillsborough. 

Mij Lord, 

Inclosed I send your Lordship a Copy of the Minutes 
of the Privy Council of this Colony, from the 8'" of 
January to the 26"' of March, a great Part of which is 



276 ADMINISTRATION" OF GOVEHNOR FRAXKLIN. [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 Mr Hatton is the 
same Person mentioned in my Letter to your Lordship 
of the 25*?^ of Aug'.' 1768, N. 11, and in the Minutes of 
the Priv}' Council sent with my Letter N. (>. — 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 Eecital 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 Ofifice, as they have had the strong- 
est Proofs of his Unfaithfuhiess in the Execution of 
it, ever since June 1709, 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. Hattoiis com- 
plaint against the Justices of Cape May, in New 
Jersey. 

[From P. R. O. America and West Indies, Vol. 170 (194). | 

Some Notes and Observations made by the 
Dep^ Secretary of New Jersey, on the Com- 
plaint of John Hatton EsqF Collector of 



1771] ADMINISTRATION OP GOVERNOE FRANKLIN. 577 

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^ in the 
Minutes of Council on that Subject. 

There is very little of M'' Hattou's Complaint that, 
if true can affect the Magistrates of Cape May; — the 
Transactions in which he and his Son received the hi- 
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 hirn after Ex- 
amination. 

3. Refusing to admit the Negro to Bail. 

4. Demanding Surety of the Peace of M'.' 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*.'' Paragraph of his Complaint, M'.' Hatton calls the 
Charge against his Negro a Pre^ej?ce, 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 GOVERNOR 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 X 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'.' 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 Neg]-o, was no 
other than his own Recognizance in that Sum, wiiich 
they did not think a sufficient Security; nor did they 



1771] ADMINISTRATION OF GOVEEXOR FRANKLllSf. 27!» 

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 Circmiistances 
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' Hatton, especially as it did not relate 
to what was then required of them. 

Par. (3. 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 w^as in- 
titled to his Liberty. But the Justices of Cape Wlay 
did not think they had Power to admit him to Bail, 
tho' he was committed for a C-rime of a less Nature 
than the Negro stood charged with. 

Par. T; 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. Mv Hatton did influence the Printer to in- 
sert, under the Proclamation, an Advertisement, signed 
by himself, oft'ering 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- Hatton & 
his Negro, were grounded on Mills's Affidavit, and his 
demanding Surety of the Peace against them. From 
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 ADMINTSTEATION OF GOVERNOR FRANKLIX. [1771 

affraid from the Threats of M' Hatton, as the latter 
could have from his Menaces. MV 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 Mv 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 W. Hatton any Assistance, appear no where 
but in the Complamt: 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. 18 & 14. are fully answered in the Min- 
nies of Council. 

The Complaint of the 2H*'' Jan. begins with an inipii- 
dent Falsehood. No such Promise was 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 Exj^la- 
nation of some Parts of it, afforded but a slender 
Foundation for calling upon them to answer it, much 
less to suspend them witliout a Heat^ing. 

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' 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' 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. 

M'' 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 C*ertifi- 
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' 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' 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"' 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^ 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 ti'avel 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 Pei'sons within their Jurisdiction 
as any Man in the Country. 

In his Remonstrance of the 20"' of Febiuary 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"^ 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 aii 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 aU 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 on board the Ship he mentions, is very 
probable; and it is beyond a Doubt that M' Hatton 
and bis Son were much beat and wounded on board 



1771] ADMINTISTRATIOX OF GOVERN'OR FRANKLIN. 2S3 

the Pilot Boat by Seamen belonging to the Ship — but 
it is not even alledged that the Magistrates of Cape 
May wei'e 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?" 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 w^ants to induce a Belief in 
his Superiors that he is pei'secuted 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 shoukl, on the other Hand consider the 
People of the Country as in a State of Rebellion, dis- 



384 ADMINISTRAO'ION OF GOVERIfOll FRANKLIN. [1771 

regarding all I^aws 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^ before 
the Governor & Council. Feb' 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 GO 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 Kiver of that Name. 

Saw InspectOi- Williams, who was down at Cai^e 
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 Gen- 
tleman, — beheves he was a Merchant, — was ac- 
quainted with him, — received several Letters from 
him, but never sent any one of his Letters to the Com- 
missioners. Does not recollect receiviny any remark- 
able Letter from Murch characterising the People of 
this Province. Does not know that he, Murch, w^as 
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' Boyd to 
sell. Is very dear he never sent a Copy of a Letter 
from Murcli, to the Commissioners. 



Some Notes taken by the Dep^ Secretary on the 
Examination of John Hatton junr Feb'" 23? 
1771. 

John Hatton juii'' 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 Road, — 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, — Mv 
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 Frankhn 

His Excellency Governor Franklin 

Sir 

M!' 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 which 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, he, 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 Eope 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 appeared 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 '2V^ of February, We 
should be glad you would be pleased to acquaint us 



1771] ADMINISTRATION OF GOVEKNOH FRANKLIN. 287 

with the Result of this Enquiry, that we may be able 
to form a true Judgement of the C/Onduct of our 
Officer.— 

We are with great Regard Sir 
Your Excellency's 

Most Obedient humble Servants 
Hen. Hulton 

W?" BURCH 

Benj. Hattowell 
Custom House Boston 2(i"' March 177 L 



Copy of a Letter from His Excellencj^ Gover- 
nor Franklin to the Commissioners of His 
Majesty's Customs at Boston 

Burlington April in, 1771. 
Gentlemen, 

I Yesterday received your Letter of the 26"' of 
March, and am much surprized to find that M^ 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*1' of 
Feb'7 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 IMi'. 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 ADMIISriSTRATION OF C40VERN0R FRANKLIN". [1771 

you " may be able to form a true Judgement of the 
Conduct of your Officer.-" 

The Representation M!' 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 ver}^ just. They were 
Transactions entirely out of the Jurisdiction of this 
Government,- and which I have had no Opportunity of 
enquiring particulai'ly 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^. 
Hatton's 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 melancholly 
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 afterv/ards sent Orders to the Justices to appear 
before me in Council on the 2 P.*- 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 GOVERKOK FRANKLIN. 289 

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 Country, taking a Number of 
unnecessary Journies to Philadel])hia, Burlington and 
Am boy, 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 Oo & To 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!" 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 w^ere, indeed, too evident to admit of any 
Hesitation in the Matter. 

Mi' 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 CTOvernor 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 



2Q0 ADMINISTRATIOZSr 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 I'rouble with him than with all the 
other People in New Jersey. Besides, he has got a 
Notion in liis 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 (Jolony, 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 w^ho 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 caine 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 Greneral & 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 Eeasons 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 

p. Because you paid so little Eegard to the Opinion 
of the Gov!' and Council, in the Year ITdS, 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 was grounded: 
thereby shewing that you either beheved 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. 

i2'! 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 iSIame is Clark) infamous, because he appeared 
evidently, both to the Council and me, to be determined 
to swear thro' 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. 

8'i Because your own Inspector General of the Cus- 
toms (who was particularly directed by you to enquire 
what Foundation there was for M"' Hatton's Complaint 
at that Time) not only represented to you, in his Re- 
port or Letter of the 17"' June 1765) that the Disputes 
Hatton had with the People were ' ' of a private Nature, 
arose from trifling Matters, owing to an univise 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 ADMINISTKATION OF GOVEKNOR FRAXKLIN. [1771 

to yon, 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 unwilhng to 
interfere; more especially as I had a Eight to expect 
that you would have thought yoin-selves 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 Mi Hatton's Book of Letters (which has 
been seen by several Gentlemen in Salem) that he 
wrote you a Letter on the 28'' of Jan?' 1769, containing 
some injuidous 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 j3receding, 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 
Murch, and is dated Nov'" 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 fill'd 
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 Origi'nal, and enquire Muich's C^haracter 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 Hkewise 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 am 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 Letters to 
England respecting me; but, if I am mistaken in this 
Point, and the Letters are actually transmitted, then 



294 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 Mv 
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 w^ritten & 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, Murch 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 you a Copy of a Letter from, 
Murch, and that it was relative to me and the Peop)le 
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 do me the Justice to allow when vou consider, 



1 Warrants were issued by the Supi'eme Executive Council of Pennsylvania in 
August, 1778, for the arrest of the Hattons. senior and junior, for "treasonable 
practices," in aiding in the escape from jail of Col. Kii-kland. The elder Hatton 
was arrested in New Jersey, taken to Philadelphia, and released on bail. — Penn- 
Col. Records, X., 666, 670, 694, 695; Penn. Archives, V., 7. 



1771] ADMIISriSTEATION OF GOVERNOE FRA^STKLIN. 395 

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 1TB8,) 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 th^ People; they are 
in my Opinion of a private Nature, and arose from 
trifling Matters, I can't tind that M- 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 thenr 
in a very great Degree, even in giving them blank 
Certifi.cates 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 M!' 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 



396 ADMINISTRATION OF aOVERNOR FRANKLIN. [1771 

further to observe that every Vessell which entered 
with him from the West Indies was only in Ballast 
except 5. from April 1705 to May 1TG6, which w^as 
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' 
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' 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 C*ape May 
90 Miles below Salem, out of the way of all business, 
80 that it is necessary he should fix his Residence in a 
proper Part of the District. 

By this plain State of Facts I hope your Honours 
will see all Circumstances concerning M' 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 Adaionishiiient as I presume it will come with 
more Propriety & Wei'ght 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 Eespect, Your Honours 

Humble Servant 
J. Williams 
Philadelphia 17 June 1769 

To the Hon''.'' The Commissioners of His Majesty's 
Customs at Boston 



Letter from Goveriior Franklin to the Earl of Hills- 
borough, announcing the continued refusal of the 
Assembly to grant niouey for the supply of the 
King's troops. 

LFram P. R. O. America and West Indies, Vol. r6(ir)4).| 

Burlington Juno 1, 1771. 
To The Right Hon^^'' The Earl of Hillsborough 

My Lord, 

In my Letter of the 30'.'' of April, I inform'd your 
Lordship of the Assembly's liaving 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 
C*olony 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 



398 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 

invented, it being a notorious Fact that the Colony 
was never in a more flourishing 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 inf orm'd 
and have Eeason 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,' and that by their Kefusal 
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 the}^ 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 



1 Morris county was set off from Hunterdon county, by acted passed March 15, 
1738-9, but continvied to vote with Hunterdon in the election of two Assemblymen. 
Cuniberh^nd was set off from Salem by act passed January 19, 1T47-S, but still voted 
with Salem in the Assembly elections. Sussex was set off from Morris by act 
passed Jute 8, IT.'iS, but continued to vote with Hunterdon in the choosing of 
Assemblymen. By an ac^ passed May 10, 176S, confirmed by the King in Council, 
December 9. 1770, each county was allowed to choose two representatives.— ^4;i/«. 
son's Laws, 109, 153, 194, 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 iho' 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 wiiich 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 Cxovernment would be deprived of their Sal- 
aries, which, small as they are, they cannot well do 
without. The present Support of Clovernment, 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 Matter. 

I have the Honor to be, with the greatest Respect, 
My Lord, Your Lordship's most obedient 

& most humble Servant 

W*? Franklin. 



300 ADMINISTRATION OF GOVERNOR FRANKLIN. [17T1 



Letter from the Lords of Trade to Gov. Franklm, rel- 
ative to the disallowance of two Acts of the As- 
sembly of New Jersey. 

[From P. R. 0., B. T., New Jersey, Vol. 17, p. 247.J 

Whitehall June 2J, 1771 

To William Franklin Esq^ Governor of New 

Jersey. 

Sir, 

We have had under Our consideration the Laws 
passed by you in October 177<>, 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 
enablmg Creditors to recover their just Debts and the 
Acts for confirming Titles derived from Clrants and 
Devises made b}^ 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 liave 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. oOl 

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 Eepre- 
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? Fitzherbert. 



Letter from the Earl of Hillsborough to Gov. Franh- 
lin ap])roving his conduct hi, the matter of recruit- 
ing the King's forces, ayicl inclosing public 2^npers. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

Whitehall, July ?/'} 1771. 

Governor of New Jersey. 

Sir, 
I have received, and laid before the King, your let- 

' See Governor Franl^lin's letter of December SO, 1771. 



302 ADMIXISTRATIOX OF GOVERNOR FRANKLIN. [1771 

ters of the 15'!' and 27'!' of March,— 30"' of April, and 
4"' of May last. 

You appear to have shown a proper Attention to 
your Duty, as w^ell 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' Smith, recommended M'" 
Lawrence' to supply the Vacancy. 

' 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 mari ied Lucy Stout, and died at Chestnut Grove, Upper Freehold, Mon- 
mouth coimty, 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 Rej'uold Keen, of Philadelphia, and died August 1, 1833, in her sev- 
enty-second year; Elizabeth, who married Dr. James Newell, of Upper Freehold, 
and died February 22, 1791, aged sixty years.— Penii. Hist. Mag., Y., 97-8; Dr.Wicke's 
Hist. Medicine in Neiv 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 distinguisli 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. Bides, 58. 
One of these was undoubtedly the Burluigtou lawyer; the other may have been 
an attorney who traded at Bordentown, 17.51-7. — Hist. Burlington and Mercer 
Counties, 456. It was doubtless the Burlington lawyer who was licensed as a Ser- 
geant-at-Law in 1771. — VroonVs Sup. Ct. Rules, 54. John Lawrence was elected to 
represent Bm-lington county in the Assembly of ViQ".— 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 1769, as related 
by Judge Field. — Provincial Courts, 170. Mr. Lawrence was Mayor of BurUngton in 
1769. — Hills's Church in Burlington, 206. When Col. Donop approached Burlington 
with his Hessians, December 11, 17^0, Mr. Lawrence, witli tlie Rev. Jonathan Odell, 
M. D., 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 he and 
some of his officers dined with Mr. Lawrence. The American gunboats lying in the 
river fired upon the town to drive the Hessians out, compelling their retreat to 
Bordentown, 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, ut 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 ''attend" them at Bordentown. He did so on April 3, when he 
was examined, but it is not stated that anything came of t\us.— Minutes Council of 
Safety, 1777, 11, 12. He was for many years a leading member and oflicer of St. 
Mary's Church in Burlington, his name appearing repeatedly in the church records 
from 1765 to i7i)o.— Hills, S66, 305, 324, 341. He was also one of the first Trustees of 



i771] ADMINISTRATION OF GOVEUNOU FRAXKLIN, 303 

I was concerned to find by your letter of the o<>"' 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 Eesolution to 
persevere in your Demand, and 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 T"' instant, disallowing two Laws 
passed in New Jersey, the One in Nov'! 17(>t», the Other 
in March 177(», and that you may know the Reasons 
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 1792.— i6., 328-9. 332-3-4-5. He probably died in 
1790, 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 pi-actice, and where he died.— Fi-ooni's -Sup. Ct. Rules, 95; Alden''s Epitaphs, 
No. 583; Hist. Gloucester, Salem and Cumberland Counties, 131; Mickle'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 
179C, 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, 96; Alden, 5^3; 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, 
otTreutoiD.— WhitehecuVs Perth Amhoij, 91. This meagre sketch has been given 
with a view to distinguishing between the numerous John Lawrences who figure in 
the annals of Nev/ 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.— iV. J. Analytical Jwde.r, 422-3. 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, i^elative to the complaint of Mr. Hatton, and 
to the obstinacy of the Assembly in still refusing 
to j^roviclefor the necessities of the King^s troops. 

IFrom P. R. O. America and West Indies, Vol. 176 (194).] 

Whitehall July 19"' 1771. 
Gov^ Franklin. 
Sir, 

I have received and laid before the King Your dis- 
patches N^ 30. & 31. 

The Examination at the Council Board uito the 
complaint exhibited by M'.' Hatton appears to me to 
have been conducted with great Attention and Impar- 
tiality, and the inclosed Extract of W- Pownall's letter 
to M'.' 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 ISi? 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 leprehensible 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 wilfuU Contempt for 
the Authority of Parliament; You will doubtless 



1^71J 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 &ci* 

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. 257 (275).] 

Whiteplvll July 1!»*" 177 1 

John Robinson Esq^ 

.SVr, 

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 13*'.' 
instant so far as the papers transmitted therewith re- 
late to the case of the Naval Officer of Rhode 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'" Hatton 
Collector of the Customs at Salem in New Jej'sey his 
20 



306 ADMINfSTRATION 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 w^hich 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"' 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' Hatton 
to execute his Office. 

I am &^ 

POWNALL 



Letter from Governor Franklin to the Earl of Hills- 
borough, relative to a dispute hetiveen the Gover- 
nor and the Assembly, on the resignation of a 
member of the House {Mr. Ogden). 

[From P. R. O. America and West Indies. Vol. 170 (194).] 

Burlington, July 2(>^'' 1771 
My Lord, 

Since my last I have been honoured with your Lord- 
ships Letter of the 4"' of May (N° 30).— It gives me 
Pleasure to find that His Majesty has been pleased to 
approve of MV 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 Mr 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 
resigned his Seat in the House on Account of his hav- 
ing become insolvent.' The House accepted his Resig- 
nation, and ordered their Speaker to issue his V/arrant 
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 
sacli 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 



' See Governor's Franklin's letter of April 6th, 1772; also the letter of the Earl of 
Hillsborough of August 7th, 1773. 



308 ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 

hold their Seats in the present House of Commons 
tho' 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 Right to expel him, as being 
the sole Judges of the Quahfications 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 
& Pi'oceedings sent herewith. 
I have the Honour to be, with the greatest Respect, 
My Lord, Your Lordships most obedient & 

most humble Servant 
W^ Franklin 

P. S. I have receiv'd from Mv 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 mtended. — W. F. 



1771] ADMINISTRATION OF GOVERNOK FEANKLIN. 309 



Address of a Committee of the Clergy of the Church 
of England m 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 (udies, Vol. 258 (276).] 

New York Oct': li^^" 1771 
To the Honorable the Earl of Hillsborough 

May it please your Lordsh ip, 

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 maioied, 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 Privileg;es, 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 3( >< m i Miles in 
Breadth, are very considerable. The Expence amounts, 
at a moderate Computation, to £10(> sterling to each 
Candidate: and the Risque may be estimated from this 
Circumstance — that, according to an exact Account 
taken in 1767, 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 Churcb, 
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] ADMINISTEATION OF GOVEENOR FRAXKLIN. 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 Applicabion 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 tlie 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 wdth 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 w^e conceive it to be no 
more than reasonable, that we should be indulged 
with the same rehgious Privileges wdiich 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 
pubhckly 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, 



' The Rev. Dr. Chandler, of Elizabethtown, New Jersey, who.se name is appended 
to this address, was by his brotlier clerg:ymen constituted the champion of an 
American Episcopate, and published voluminous works on the sub.ject 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 
Trmity 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 Eeasons 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 
ai*e 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' 
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 onl}^ add, that were the Measure we now 
earnestly petition for carried into Execution through 
your Lordships Interposition, it would reflect peculiar 
lAistre on your Administration, aod insure the grate- 
ful Api)lause 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 

' Now Columbia College. 



1771] ADMINISTEATION OF GOVEKNOE 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. i 

Thomas B. Chandler, D. D. ! ^^i /-, -^.l 
T ^ -r. -^ ' The Committee. 

John Ogilvie, D. D, i 

Charles Inglis, A. M. J 



Letter from Governor, Franklin to the Earl of Hills- 
borough, relative chieflij to Mr. Hatton and his 
complaint. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

Burlington Oct'' 21^'' 1771 
Rt. HoiV^"^ the Earl of Hillsborough 

Mil 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 W. 
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 ADxAtlNISTRATION OF GOVERNOR FRANKLIN. [1771 

bation. I have called another Meeting of the Legisla- 
ture to be held here on the 2o*^ 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 C*om- 
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 GOVEKNOR FRANKLIN. 315 



Letter from Governor Franklin to the Lords of Trade, 
in answer to a letter of their Lordships, relative 
to tivo Acts proposed to he 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'.' 2P.' 1771 
My Lords, 

I am honoured with your Lordships Letter of the 
2r' 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 curj-ent 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 w^hole having been paid out before, either to the 
Commissioners appointed duving 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 ADMINISTEATION" OF GOVERNOR FRANKLIN. [1771 

the Province, after paying & cloathing the Troops and 
selhng of the MiHtary 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 PajDer 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 1Y61 (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 commences, 
and other Bills of a former Emission, which ought to 
have been already sunk, may continue in Circulation 
until the Year 1788, the last Period allowed by Law 



1771] ADMINISTKATION OE GOVERNOR FRANKLIN. .'U7 

for the Existence of Paper Currency in this Province. 
By this your Lordships will perceive that the whole 
Sura 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 Ti*easury. This 
Practice took its Rise from Necessity, the New Jersey 
Currency having such an extensive Ch-culation through 
the Neigliboming 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 
Sam of Paper Bills in the whole is ever suffered to 
continue in Circulation than what the Law allows. 

I shall not fail to ]>ay due Attention to that Part of 
your Lordships Letter which respects the Appointment 
of an Agent, when the next Sui)port 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 Franklin 



318 ADMINISTriATION OF GOVERNOR FRANKLIN. [J7?l 



Letter from the Earl of Hill shoroiigh to Gov. Frank- 
lin, approving of his position in the dispute with 
the Assemhlij touching the resignatio7i of a mem 
her. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

Whitehall 4^!' Dec'' 1771 

Governor Franklin 

Sir, 

Since M'' PownalFs letter of the 17'" September, your 
Dispatches N' 33& oi, have been received and laid be- 
fore the King 

Your refusal to seal the V/rit 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 I hope has not pi'oved of 
any long continuance. 

I am &c? 

Hillsborough. 



1771] ADMIXlSTHATION OP GOVERNOR FRANKLIN. 319 



Letter from Mr. Fownall to Richard Jackson, desir- 
ing his opinion in the matter of the dispute be- 
tiveen the Governor of New Jersey and the Asseni- 
blfj, concerning the resigncdion of a representatiue. 

[From P. R. C, B. T., New Jersey, Vol. 17, p. 352.] 

Dec": IS"' ITTI 
To Richard Jackson Esq!' 

Sir, 

T am directed by the Lords Commissioners for Trade 
& Plantations to transmit to yon 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 legahty of the Claim set up by 
the said Assembly. 

I am Sir, Your most Obedient 

humble Servant, 
John Pownall. 



320 ADMINISTRATION OF GOVEKNOK FRANKLIN. [1?71 



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 Legislatu7^e. 

[From P. R. O. B. T., New Jersey, Vol. 10, L. 15.] 

Burlington Dec! 20^" 1771 
My Lords, 

111 my Letter ol the 24^1' of Octobei', I acquainted 
your Lordships, that I had very Httle 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}^ consented to 
omit those Words in the Support Bill which seem'd 
meant to establish their .Claim, and to which youi' 
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*" Franklin. 



1771] ADMINISTRATION OF GOVERNOR FRANKLIN. 321 



Letter fvoin Oovernor Fraukliu to the Earl of Hills- 
borough, informing him that the Assembly had 
consented to provide for tJie arrears due to tJie 
troops, and tliat the debt of the Colony incurred 
du7Hng the late war would be paid. 

[From P. R. O. America and West Indies, Vol. 176 (191).] 

Burlington Dec- 27^" 1771 
The Rt. Hon^'" the Earl of Hillsborough. 

My Lord 

I infoimed 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 20(),()(>0£ Currency; towards 
the Payment of which they are to raise 15,000£ ^ 
21 



322 ADMlSriSTRATtON" OF GOVEENOR FRANKLIN. [177^ 

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 Respect 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 m that, and I found the Oenerality 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] ADMINISTEATIO]<r OF GOVERNOK FRAKKLIN". 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, 
& Kegard 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 luith the Asseynhly. 

[From P. R. O. America and West Indies, Vol. 17G (194).] 

Whitehall Jan'i-y JP'', 1772 
Gov'". 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 ADMINISTKATION OF GOVEEXOR 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.? 

Hillsborough. 



Order of the King in Council, disallowing two Acts 
j)assed in New Jersey in October, 1770, and di- 
7'ecting the Lords of Trade to prepare and lay he- 
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 j^er- 
sons who have never resided ivithin 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'?^ James's the 15''." 
\^-^-\ Day of January 1772. 

Present 

The King's most Excellent Majesty in Council. 

Whereas there was this Day read at the Board a Ee- 
port.from the Right Honourable the Lords of the 
Committee of Council for Plantation Affairs Dated 
the 10"' of this Instant — viz^ — 

"Your Majesty having been pleased by your order 
" in Council of the 27"' 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 



1772J ADMINISTRATION OF GOVEENOR FRANKLIN. 335 

' passed in your Majestys Colony of New Jersey in 
' October 1 770 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 Real 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 Rights and Credits of Persons 
' who have never resided within the Colony are made 
' liable to be attached for the Recovery 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 i-eside, do in some Degree distinguish it in 
■ this Case from other Colonies, Yet We are clearly 
' of oi^inion that the mischevious consequences of 
• such a Law when General must greatly outweigh 
' the UtiUty 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 
' 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 
' Good Policy, Yet is of such a Nature, and does so 
' materially affect Your Majestys Rights derived from 
' the Laws 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- 



33G 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 hable 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 o]3inion 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- 
" sioners for Trade and plantations to prepare the 
" D]'aft 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] ADMIKISTRATIOlSr 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 Groods 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 Tirade to the King, 
submitting a draft of aii 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. 43, p. 395.] 

Whitehall Feb. 1, 17Y2 
To the King\s most Excell*' Majesty. 

May it please Your Majesty, 

In obedience to Your Majesty's order in Council 
dated the 15"' 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. [1772 

Additional Instruction to Our Trusty and Well- 
loved William Campbell Esquire commonly 
called Lord William Campbell, our Cap- 
tain General 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 w^hich the 
Lands, Tenements, Goods, Chattels, Eights 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 
Lands, Tenements, Goods, Chattels, Eights, and Cred- 
its of Persons who have never resided witiiin Our said 
Province shall be liable to be attached for the Ee- 
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 Eoyal Pleasure 
thereupon, unless you take Care in tlie passing of 
sucli Bill or Bills, that a Clause or Clauses be inserted 
therein, suspending and deferring the execution there- 
of, until Our Eoyal Will and Pleasure shall be Known 
thereupon. 

A like additional Instruction was prepared for other 
Governors in the American Plantations. 



1773] ADMINISTRATION OF GOVEKNOR FRANKLIN. 339 



Order in Council approving the draft of the foregoing 
Additional Instruction. 

[From P. R. O. America and West Indies, Vol. 108 (109).] 

*---* ^T THE Court at S^ James's the 3'! Day 
l^j of February 1772 

Present 
The Kings most Excellent Majesty in Council. 

Whereas there was this day read at the Board, a 
Eeport 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 
IS*.*" 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 Right 
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- 
lin, in relation- to the appointment of Colonial 
Agents in England. 

[From " Works of Benjamin Franklin," by Sparks, Vn., 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 mo in Ireland corresponds exactly. * * 

The resolution of the Board of Trade to admit, for 
the future, no agents to appear before tTiem, but such 
as are appointed by "concurrent act of the whole Leg- 
islature," ' 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 



' The drovemor probably had referred to Lord Hillsborough's dispatches of July 
3, July 19 and December 4, 1771, approving his condvict in various matters. 

- See letter from the Board of Trade to Governor Franklin. June 21, 1771. When 
Benjamin Franklin presented h'.s credentials as agent of the Massachusetts House 
of Representatives, to Lord Hillsborough, on January 16, 1771, that nobleman hotly 
declined to recognize any agent not appointed by the concurrent act of both 
branches of the Legislature, and approved by the Governor. As Franklin wrote 
at the time: " This doctrine, if he couH establish it, would in a manner give to his 
Lordship the power of appointing, or at least negativing any choice of the House 
of Representatives and Council, since it would be ea.sy for him to iastructthe Gov- 
ernor not to assent to the appointment of such and such men, who are obnoxious 
to him; so that, if the appointment is annual, every agent that valued his post 
must cousidar himself as holding it by favour of his Lordship, and of c m'se too 
much obliged to him to oppose his measures, however contrary to the interest of 
the Province. Of what use such agents would be, it is easy to judge."— Worfcs, 
VU., 508, 510; VIH., 7. 



1773] ADMIKISTRATION 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 mider 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 a,nd 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. Fkanklin. 



ReiDresentation 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^ 13, 1772 

To the King's most ExcelP. Maj^ 

May it please Your Majesty, 

Pursuant to an Order of the Lords of Your Maj- 
esty's most Hon^'" Privy Council, dated the S*?" 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 ADAriJSriSTRATION" OF GOVERNOR FRANKLIN". [1773 

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''. 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 tliereto accordingly. 



1772] ADMINISTEATION OF GOVEEXOR FRANKLIN. 333 



Letter from Gov. Franklm 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^^''' the Earl of Hillsborough. 

My Lord 

I have the Honour to transmit to your Lordship, 
Copies of the Minutes and Lav^s of the last Session of 
General Assembly held at Burlington. The present 
Act for the Supjwrt of Government is made conforma- 
ble to the Sentiments of the Board of Trade, in the 
two Listances pointed out in their Lordship's Letter to 
me of the 21^.' of June. 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 
Belief of insolvent Debtors, now passed, they have 
fully obviated the Objections made to the former 
Laws for the hke Purpose, passed in Nov^ 1769, & 
March 1770, which received His Majesty's Royal 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 settlement of the dispute concerning 
the resignation of Mr. Ogden as a member of the 
Assembly. 

[From P. R. 0., America and West Indies, Vol. 176 (191).] 

Burlington April (V?' 1772 
To the HoiV^i^ the Earl of Hillsborough 

My Lord 

I am honoured with your Lordship's Dispatches N° 
33, & 34. 

His Majesty's Approbation of my Eefusal 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 M!' Ogden 
(the Gentleman whose Eesignation was disputed) a 
Justice of the Peace; by which Means his Seat became 
vacated, agreeably to an Act of Assembly of the 4V* 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 
" of Profit from the Crown, or from the Governor for 
" the Time being, during such Time as he shall con- 
" tinue a ]\Iember, 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 



' "An Act for secui'uig the Freedom of Assemblies," passed July 8, 1730, Section 
\.~Allison''s Laws, 83. 



l'J'72j ADMIJ^tSTRATIOK OF GOV^ER^sTOR FRANKLIN". 335 

accordingly chosen; but the Election did not happen 
till a few Days after the House was prorouged. Im- 
meiiately 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 Right 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 Eesolves 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 



3^6 ADMIJSriSTKATION OF GOVERNOE FRANKLIN. [1772 

abovementioned which gave the House the Right 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*'' of Anne) where the House of 
Representatives are impowered, when met in General 
Assembly, to be Judges of the Qualifications of their 
own Members,' 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 



2 "An Act regulating the Qualifications of Representatives to sei-ve in the Gen- 
eral Assembly in this Province of New Jersey," passed April 4, 1V09, provides, Sec- 
tion 4, " that the House of Representatives, elected and eliotien as aforesaid, when 
met in General Assembly, are and shall be Judges of the Qualifications of their 
own Members.''— ^i?iSow'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, 1770. 

[From P. R. 0., America and West Indies, "Vol. 176 (194).] 

Burlington May 5".' 1772 
Right Hon^3® the Earl of Hillsborough 

My Lord, 

I am honoured with your Lordship's Dispatches of 
the 5"' & S"' of February, and have likewise received 
those of M- Pownall and M- Knox dated the 11*^ and 
18*?^ of February. 

I shall not fail to publish in the usual Manner, His 
Majesty's Royal 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 pi'esume 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 Apphcation 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 
22 



338 ADMINISTRATION OF C40VERN0R FEANKLIN. [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 j^rs^ 
"obtained," I shall be careful for the future not to 
give my Assent to any Law of the hke 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 j^assed 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.' 

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 Cassel, 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 Parhament, nor the Addresses of 
the two Houses in reply, contained any reference to American affairs. 



1772] ADMIISITSTRATION OF C40VERN0R FRANKLIN. 339 



Letter from Gov, Franklin to the Earl of HiUshor- 
ough, transfuitting the petition of the Presbyter- 
ian Clergy residing in Netv Jersey, praying that 
the Governor tvoiild grant them a charter to en- 
able them to raise funds, etc. 

[From P. R. O. America and West Indies, Vol. 176 (194V | 

Burlington May 11'" 1772 

Right Hon^l'' the Earl of Hillsborough. 

My Lord, 

Having some Time ago received a Petition fi-om D?" 
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"' of August 1707, 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 EstabUshment 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 GOVEKKOR FRANKLIN. [1772 

2)edient upon Principles of general Policy to comply 
with the Prayer of that Petition, or to grant them 
cmy other Privileges than they are intitled 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 Eeport 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'* 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 tvithoid 
^''referring the same to the Consideration of His Ma- 
"■jesty's Ministers as advised by the Attorney General, 
" it appearing to the Council that the Eeference 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 wiiereupon 
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 w^aiting 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 GOVfiKNOK 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' 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 hke Purpose have been 
lately granted to the Clergy of the established Churcli 
of England in the Provinces of New York, New Jersey 
& Pennsylvania, a printed Copy of which is enclosed;' 



1 The need of such au organization liaving been Jong apparent, at a meeting of 
the clergy at Ehzabeth-town, in October, 1707, a committee was appointed to frame 
a plan. " In pursuance of this appointment, the Revd. Dr. Smith, Provost of the 
College of Philadelpliia, 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, Jlissiouary in Monmouth county. New Jersey, met at Perth Amboy, May 
12, 17C8, and framed a plan ; which, with some alterations, obtained the approbation 
of sundry succeeding meetings of the clerg.y. 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, agreea'ble 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."— ^h Abstract of the Proceedings of the Corpora- 
tion for the Relief of the Widows and Children of Glergymen, 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 89, 
and that in New York September 39, 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."— /6., 5. note. At the anniversary meeting held at 
Perth Amboy, October 2, 1771, the sermon was preached by the Rev. Dr. Thomas 
Bradbury (."handler, of Elizalieth-town, and was printed by Isaac Collins, at Bur. 
jington, 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 



S42 ADMINISi^RATiON OF goVeenor frAkelin. [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. 

I 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'' Witherspoon & Mi" 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 Pi'o- 
vince of New Jersey aforesaid 

Humbly Shewefh 

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- 



office, 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, 17W, that the first formal steps were taken 
for the organization of the Pi-otestant Episcopal Church in America, independent 
of the Church of England.— ./oMrHaZs, etc., Hawkes and Perry's Hist., notes, etc., 
3 77.-[W. N.] 



1772] ADMIIsriSTRATlON OF GOVERNOR 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 wihing to contribute towards 
estabhshing a Fund sufficient for their Relief and 
Your Petitioners themselves are wiUing 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 & Pohtick 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 theui 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, 17S1, a graduate of Yale in 
1746. associated with John Bralnerd in Indian Missions, pastor at Elizabethtown. 
1750 6; supplied Shrewsbury, Middletown Point, Amboy and the sea-coast towards 
Egg Harbor, 1761.4; spent foui- years in Lancaster Presbytery, Penn., 1765-9, when 
he was called to Trenton, where he died December 27, 1784.— Tre6s<er's Hist. Pres. 
Church, .587-90; Sprague's Annals, III., 165-9; Hatfield's Elizabethtown, 393-8.— 
[W. N.l . 



S44 ADMINiSTRATfON OF GOVERNOR FRANKLIN. [lllii 

" Children of deceased Presbyterian Minis- 
" ters in Communion with the present es- 
" tabhshed Church of Scotland" 

George & To all & Whereas our Lovinp^ 

Subjects the Presbyterian Clergy in Communion with 
the present Estabhshed 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' our Capt^ General and 
Governor in Chief in & over our said Colony of New 
Jersey and the Territoiies depending thereon in Amer- 
ica Chancellor & A^ice 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 luhabitants 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 & C'hildren 
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 })ersons, 
are willing to Contribute towards Estabhshing & Sup- 
porting A Sufficient fund for their Rehef 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 



1773] ADMINtSTRATtOI^ 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 useful! pious & Benevolent a 
design & being Convinced of the Loyalty & Affection 
of the Petitioners to our Person & Government, are 
Graciously pleased to Grant this their Eeasonable 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':* John Witherspoon Doctor in Divinity 
William Tennent Timothy Jones Andrew Hunter 
John Brainherd Elihu Spencer, Charles M'iKight Is- 
rael Read, Benjamin Woodruffe, Alexander M'rWhir- 
tor, James Caldwill, AzelRoe, Jeremiah Halsey, Enoch 
Green Clerks, William P. Smith ; Wiliam Livingstone, 
Elias Boudinet and Robert Ogden Esq"? William Bur- 
net, Moses Bloomfield & Nathaniel Scudder Gentlemen 
that they the said William Franklin, Richard Stock- 
ton, John Berrien John Witherspoon, AVilliam Ten- 
nent, Timothy Jones, Andrew Hunter, John Brainerd, 
EHhu Spencer, Charles M^Knight, Israel Read, Benja- 
min Woodruff, Alexander M'rWhertor, James Cald- 
will Azell Roe, Jeremiah Halsey Enoch Green, Wil- 
ham P. Smith, WiUiam 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 ADMINISTRATiOlsr 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- 
"tabhshed 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- 
meiit 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 ^ 
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 Sterhng Money afores'i 
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'? Coi-poration, 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] A DMIKIST RATION OF GOVERNOR FRANKLIN. 347 

and Enacted by the s*^ Corporation and their Succes- 
sors, and to Grant bargain Eelease, Sell, Lett, Sett, or 
Assign, such Lands Tenem^^ Hereditam*.^ 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 CorjDoration 
& Body Politick, may answer the design of their Ejec- 
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 & LawfuUy 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 
ways 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 Lawful! 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 GOVERNOK 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 
liereby 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 Shah & 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 that they 
S^ their Successors Shall have a Common Seal under 
which they may pass all Deeds Writings, Contracts, 
Agreements, aud 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 & 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 Eespective Offices 
until another President, another Treasurer & another 
Secretary shall be Chosen in their Eooms 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 Sue - 
cessors for ever that these our Letters Patent or the 
lurollment thereof in oui' 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 aU other the Premises herein & 
hereby Granted & Given or which ai'e meant men- 
tioned or Intended to be herein and hereby Given & 
Granted unto them the said New Jersey Society &c'' 
and to their Successors for ever In Testimony 
Whereof (Stc'^ 



350 ADMINISTEATION OF GOVEENOR FRANKLIN. [1772 

Copy of the Hon^'^ D"! Ogclen'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 
tahlished Church of Scotland) and instead thereof in- 
sert {Ministers of the Gospel) and in page 2"" in the 
Name or Stile of the Corporation, Omit the Words (in 
Communion with the present Established Church of 
Scotland) 

The Eeasons Inducing me to make the above Alter- 
ations are — 

1^1 That it will be improper for his Excellency to 
recognize by the Charter, the Established Church in 
Scotland so as to be a Eule 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 — 

211'! 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. 



1773] ADMIN-ISTEATION OF GOVERISrOR FRANKLIN". 351 

3*^ That the giving the Body PoHtick 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 
NovV 28'.'' ITTI. 



Minutes of Privy Council New Jersey Feb'.^ 2 1 , 

1772 

n'^) At a Council held at Burlington on 
j^ ' ^J Friday February 21^.^ 1 772. 

Present 

His Excellency The Governor 

Charles Read Esq'" Stephen Skinner Esq" 
Samuel Smith Esq!" Daniel Coxe Esq"" 
Richard Stockton Esq' John Lawrence Esq' 

His Excellency was pleased to nominate Samuel 
Blackwood of Doptford 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 Eeading of Amwell to be a Justice 
of the Peace in the County of Hunterdon, and Richard 
Cochran and Robert Stockton Esquii-es 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 
Esql" 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 la}- 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 Tiiomas 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 ])roperly 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 Quai'ter Sessions at the 
last Term. His Excellency was pleased to lay before 



1772J ADMINISTRATION OF GOVERNOR FRANKLIN. 353 

the Board the Report of the Attorney General, rela- 
tive to the Draught of a Charter referred to him hy 
this Board on the 6"' of December last, for incorporat- 
ing "The New Jerse}^ Society for the better Support 
" and Education of the AYidows and Children of de- 
" ceased Presbyterian Ministers in Commrmion with 
" the present established Church of Scotland "—which 
Report is in the Words following — Viz? 

" Jfa?/ it please your Excellency 

' ' I have with great Attention considered the 
Draught of the (Jharter 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 mihtate 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 Eyigland and Ireland the Dominion of Wales, 
the Town of Berivick iipon 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 
23 



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 he legal so to 
do, are Questions, which I conceive are improper for 
me either to determine or pass unnoticed, and the 
more so because I understand that in a Eeport lately 
made to His Majesty by the Lords Committee of 
Council for Plantation Affairs, founded on a Report of 
the Lords Commissioners of Trade and Plantations 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 Genercd Policjj to 
comply with the Prayer of that Petition, or to grant 
them any other Priviledges than they are intitled to 
by the Laws of Toleration in which Sentiments the 
Lords of the Committee of Council agreed, and re- 



' This petition (presented in 1766 and refused in 1767) was for an incoi-poration 
" by tlie name and stile of the Ministers Elders Deacons and Trustees of the Pres- 
byterian Chiu'ch of the City of New York, according to the Westminster confession 
of Faith, Catechism, and directory, af^reeable to the present established Church of 
Scotland." with general corporate powers.— iV. Y. Col. Docs., VII., 84C-7, 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 hahle in itself to many Objections. I am 
' ' Your Excelleney's most obedient 

humble Servant 

"Jan^ 25, 1772. Cort^ Skinner" 

The Council having taken the said Report into Con- 
siderate 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. ' 



' Under date of June 3, 1773, the Earl of Dartmouth wrote Governor FrankHu 
tliat the petition of the Presbyterian Ministers of New Jersey for a charter as above 
had been fully considered, and the King consented that (he Colony seal be affixed 



356 ADMINISTRATION OF GOVEKNOR 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, &g 

A Peoclamation. 

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- 



to it.— iV. J. Analytical Inde.v, 433. The charter was accordingly granted Decem- 
ber '22, 1773; it is recorded in Liber AB of Commissions in the Secretary of State's 
office, Trenton, fol. 134.— [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 tliis 
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 Eeign of George the third by the 
Grace of God of Great Britain France and Ireland King 
Defender of the Faith &c'' Anno Domini 1772. 

Wl' 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 £3uo. — . — 

563 To the same for one Quarters 

House Pent 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 Esq. one of the 

Treasurers for One Quarters 

Salary K). — . — 

567 To Stephen Skinner Esq' 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 



7. 10. — 

569 To Charles Petitt Esq'" Dep^ 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 Cart}' Doorkeeper to the 

Council for One Quarters Sal- 
ary 2. 10. 

572 To Isaac Collins Esq. for printing 

the Laws & Votes of the last 
Session of General Assembly 
and other Services, agreeably 
to the C^ertificate of Abraham 
Hewlings & Henry Paxson 
Esquires 153. 15. 3 

573 To Richaixl Smith Esq'' 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 ' . 18. — . — . 

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 Wetheiill 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. ]8. — 

A true Copy 

Cha. Pettit D Clk. 



1772] ADMINISTRATION OF GOVERNOR FRANKLIN. 359 

M''. Skinner (the Attorney General) his 2'! 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 Feb'? 21, 1772.] 

Ill 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 iu his Grant can't know, 
nor with Propriety caU, 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 ai'e 
stiled Ministers, or Teachers, never Clergymen, for 
which I refer to every Statute in which they are 
named, and if it is possible to i^roduce 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 Connnunion and 
therefore the words " in Communion ivith the present 
Established Church of Scotlahd,^^ should be omitted. 

To prevent the misapplication of the fund I have 
drawm two Clauses, to be inserted in the Charter, by 
the 

1'.' I intend to make them render Annual Accounts 
and subject their Books &cf to inspection if necessary, 
and by the 

2'! That their Charters shall be void u])on such mis- 
application. 



3G0 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773 

These are necessary in my Opinion, because 
1*^* In Grants of this Kind even to the Professors of 
the Church by Law Estabhshed they are inserted. 

2*? Because I am credibly informed, and beheve it 
to be true, that in a Neighbouring Government, a Cor- 
poration of the Hke 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. 

CortP 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 shaU 
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'? 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. 0. (viz- Dra- of Charter &c. was 
sent to the Plantation Office, & not returned from 
thence. 



Letter from the Earl of Hillshorongh to Gov. Frank- 
lin, relative to the Dispute ivith the Assembly, 
and informiyig him that the King had granted an 
adequate salary to the Chief-Justice. 

[From P. R. O. America and West Indies, Vol. 1T6 (194).l 

Whitehall June 0^'' 1772 
Gov' 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. [1773 

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^ 

Hillsborough 



Letter from John Carney to Cortlandt Skinner, rela- 
tive to objections made to his acting as Attorniey- 
General in the Coiirts of Scdem and Ciimberland 
Counties. 

[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. II, No. 13.] 

Salem June 12, 1772 
Dear Sir 

I have presented the Depatations and Ijetters 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 diffei'- 
ent Courts : " Untill the Atty General can convince 
us that the Law has Impowered 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 some years past, has done 
the business of the Crown by our direction."" Upon 
Avhich I took the libei'ty to tell the Court that. Altho' 
the power of an Atty General of ajipointing a Deputy 
should by them be thought controvertible, yet surely 



' See N. J. Archives, IX., 333, note. 



1773] ADMINISTRATION OF GOVERNOK 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 Answ^er, that "it was true He had not ac- 
counted to the Atty General, noi- 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 Eeply 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 admittin'g 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 S 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 a])pointment. I have done this that you 
might, if you tliought proper, take the necessary steps 



364 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773 

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 hkely 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-' Sir 
Your much obliged and 

most obed' serv^ 

John Carey. 



1772] ADMIN-TSTRATION OF GOVERKOR FRANKLIN. 365 



Report of Richard Jackson, Esq., dated July 2, 1772, 
0)1 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 Mr Pownall I have Perused and 
Considered Twenty four Acts passed by the Governor 
Council and Assembly of his Majesty s 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- 
' her 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." 



306 ADMINTSTEATION 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 C^ouipleat- 
" ing a Bridge across Musconeteuny' 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- 
" manded and received at the Ferries, on the North 
" and South Sides of Rariton River within the Corp- 
" oration of Perth Amboy." 

"An ilct to impower the Inhabitants of the towu- 

' Query : Musconetciiiig. 



1772] ADMIISriST RATION OF GOVERNOR FRANKLIN. 367 

" ship of Deptford in the County of Gloucester, to re- 
" pair their PubHc 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 C^^ourse 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 Moriis, 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 intitled 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 Rehef 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 1771 , 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 j)ermit 
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 
humbl}^ 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 hapjien 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 GOVEKNOR FRANKLIN. 369 



Repoti 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, who had resigned his seat. 

[From P. R. C, 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' Pownall in his Letter of the 18"' of Dec' last, 
inclosing an Extract of a Letter from Governor Frank- 
lin to y'^ Eaii of Hillsborough & also the Minutes of 
the Assembly of the Province of Nev^ Jersey. I have 
taken the said Letter and Minutes into my Considera- 
tion; by w^hich it appears that the Assembly have set 
up a Claim to order the issuing of a Writ, for the Elec- 
tion of a neviT Member, to serve in that House for the 
County of Essex in that Province in the Room of M"" 
Ogden w^ho 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 Eesignation of M' Ogden, his seat continues 
full, & that y'' Order founded upon his Resignation is 
void because it issued improvidently which is humbly 
submitted by 

My Lords Y"" Lordships most Obed' 
& most hble Serv^ 

R Jackson 
24 



^70 administrAtiok of governor p'ra^tkltn. [1772 



Draft of a Clause to he inserted in the instructions to 
Governors hi America, giving them as Chancel- 
lors the power to issue commissions for the cure 
and custody of idiots and lunatics. 

[From P. R. O. B. T. Plantations General, Vol. 43, p. 426.] 

Whitehall July 29, 1772 

To Lord William Campbell, Governor of Nova 

Scotia 
My 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*^^^ 
Hillsborough 
Ed: Eliot. 
Bamber Gascoyne. 



17721 ADMINISTRATION OF GOVERNOR' FRANKLIN. 371 

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 sjDecial 
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 Siqyreme Court Jus- 
tice. 

LFrom Liber AB of Commissions, in Secretary of State's Office, at Trenton, fol. 111. J 

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- 



' David Ogden, the oldest son of Col. Josiah Ogden, of Newark (third son of Da- 
vid Ogden, of Ehzabethtown— see Newark Bi-Centennial, 148), was born about 1707, 
was graduated from Yale College in 1738, standing second in a class of twelve (Yale 
Triennial), studied law in New York, and returning to New Jersej% 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 brilUant; 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 imsullied 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, wlio accompanied his father to New York), of February 6, 1779, to Josepli 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 Hipk 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 
first 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 life 
is to be found in Field's "Provincial Courts of New 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 usefuU 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 Jwld the said Office or Place of one of our Jus- 
tices of our Supreme Court of our said Province of 
New Jersey with all 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' 

Til testimony whereof We have Claused 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 Admii-al in the same &c. at Burlington the 
Eighteenth day of May Anno Domini 1172. 

Pettit, 

' See N. J. Archives, IX., 323, note. 



374 ADMINISTEATION OF GOVERNOR FRANKLIN. [1772 



Letter from the Earl of HiUshorough to Gov. Frank- 
lin, relative to the Claim of the Assembly of Neiv 
Jersey to or^der the issuing of a writ for the elec- 
tion of a neiv member for the County of Essex. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

Whitehall 7*:^ August 1Y72. 
Gov?" 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^ 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 (Sec'* 

Hillsborough. 

P. S. I have opened my Letter to acquaint you, 
that I have this Moment rec'! your Dispatches N? 40 & 
41, and shall not fail to lay them before the King. 

H. 



1773] 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. 170 (194).] 

Whitehall 4'" Sept- 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 
Eiver of Narraganset within the Colony of Rhode Is- 
land. 

In Consequence of the Commission' which has been 

' 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, Fi-ederlck 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 enquire 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 Ne^iJort, R. I., for the pm-pose of preventing the clandestine landing 
of articles subject to the payment of duty, and its Captain, Wm. Duding.ston, 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 Newj^ort 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 Newpoit on that day, gave chase to her and ran on Namquit 
Point and grounded. Captain Liudsley, 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 wliarf 
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 agromid on 
Namquit Point, and inviting those Avho felt a disposition to go and destroy tha 
troublesome vessel to repair in the evening to Mr. James Saliine's house. The as- 
semblage at that place was large. The boats proceeded upon their errand. With 
scarcelj' 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 



376 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772 

issued on that Occasion, I have signified to M^ 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 Ehode 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. ' 



at Newport on the 5th of January, 1773, and closed their labors on the 33d 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 pounds 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 Colonies, in 
place of Lord Hillsborough. — Dodsley's Annual Register, 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 Governor had become interested 
as early as 1766 in a project to found a colony on the Illinois river. Col. George 
Croghan being one of the originators of the enterprise. — Franklin's Works, IV. i 
233-41. There were at that time insurmountable olstacles in the way of safely set- 
tling a region so remote from the frontier, and in 1768, doubtless while negotiating 
with the Indians at Fort Stanwix for th i establishment of a well-defined frontier 
line. Governor Franklin, Sir William Johnson, Col. Croghan, Samuel Wharton and 



1773J ADMINISTRATION OF GOVERNOR FRANKLIN. 3?? 



Letter from Mr. Pownall to the Chief- Justices of Neiv 
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. 276.1 

Whitehall 5'? Septf 1772 

Dun! Horsmanden^ Esq"". Chief Justice of New 
Hampshire [York] Frederick Smyth Esq'' 
Chief Justice of New Jersey Peter Ohver 
Esq'' Chief Justice of Massachusetts Bay 
Rob* Auchmuty Esq^ 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 AUeghanies. 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 generallj' 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 1.5, 1773), 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 
m 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., 30;2-80; ante, 113, note. 
Writing to the Governor, under date of August 17,1773, 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 
vou, 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. 



' Daniel Hor=manden was one of the mof t famous of the early Recorders of New 
York city; was for many years a number of the Council, and Chief-Jnstice of New 
York from 17G3 until his death In 1778, at New York City, in his eighty -fifth year. 
Quite a full 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 Eingleaders 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. POAATsALL. 



Letter from Governor Franklin to the Earl of Hills- 
borough, informing him that the Assembly had 
granted money for the support of the King^s 
troops. 

[From P. R. O. America and West Indies, Vol. 176 (194).] 

BURLINC4T0N Oct^ 5^" 1772 

Right Hon'^l" 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."— irorfcs, VIII.. 10. In a 
letter to Joseph Galloway, of August 23. 1772, Franklin says: " Lord Hillsborough, 
mortified by the Committee of Coimcil'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 liim. His 
colleagues in the ministry were all glad to get rid of him, and perhaps for this rea- 
son joined moi'e readily in giving him that mortification.'" — 70.. 17. K, as Franklin 
siuTnises, the King favored this himiiliation of Lord Hillsborough, he certainly 
palliated the effect of it by a more substantial mark of bis 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, the dignitaries of Viscount and Earl of Great 
Britain, by the titles of Viscount Fairford, and Earl of Hillsborough, in the county 
of Gloucester."— Dorfs?e(/'s Annual Register, for 1772, 162. Franklin summed him 
up thus: " His character is conceit, wrongheadedness, obstinacy and passion."— 
Works, VII., 507. In His first letter, of January 21, 1760, Jimius holds Lord Hills- 
borough largely responsible for the disturbed state of affairs in America.— [AV. N.] 
' See note to the foregoing letter. 



1773] ADMIN'ISTRATION OF GOVERNOR FRANKLIN". 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 Loi'dship. 

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 Resolutions 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. E. O. America and West Indies, Vol. 376 a94).] 

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 i?^'' 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, w^ho about four Years 
since was robbed of about £6oo0 of the pubhc money; 
a former Assembly took great pains to enquire very 
minutely into all the circumstances relative to the 
Robbery, and Resolved 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 anival to collect 
the opinion of people in general on the subject of the 
new projected Government on the Ohio, and I can 
witli 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 momeiit 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^'* — your I^ord- 
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 GOVERlSrOK FRANKLIN. JiSl 

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" — 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 ^ ami — 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- 

• 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. 

^ See June 6, 1773. * 



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, theii' 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 Eespect and Grati- 
tude 

Your Lordship's much obliged 

& obed- Hum'' Serv' 

Frederick Smyth. 



Letter from Gov. Franklin to the Lords of Trade, rel- 
ative to the care ami custody of Idiots and Luna 
tics. 

[From P. R. O. B. T. New Jersey, Vol. 10, L. 17.] 

BuRiJNGTON New Jersey Oct'- 12"' 1772 
The Kight Hon^.^® the Lords Commiss'"^ for Trade 

& Plantations. 
My Lords 

I am honoured with your Lordship's Dispatch of the 
29^'' 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- 



1773] ADMINISTRATIOK OF GOVEEKOR 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 weU 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 autliorized 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 Eespect, 
My Lords, Your Lordships most obedient 

& most humble Servant 
W 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. .Vmerica and West Indies, Vol. 177 (195).] 

Perth Amboy 30'" October 17Y2 

To the Right 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. [177S 

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 v^^ith 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 Memoriahst Notwithstanding these dis- 
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] ADMINISTRATIOIsr OF GOVERNOE FRANKLIN. 385 

Your Memorialist further begs Leave to Represent 
to your Lordship, That as the Governor's Apphcation 
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 Mejuorialist 
in Other Colonies (where the emoluments to the Office 
are greater from the Grants of the Lands, belonging 
to the Crown, and othei' 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 2S'?' 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 



386 ADMINISTRATION OF GOVERNOR FRANKLIN. [1772 

pending their taking effect until His Majesty's Pleas- 
ure shall be signified thereupon viz- 

jst "^|-^ j^qI fQj. establishing the Boundary or parti- 
tion Line between the Colonies of New York & Nova 
Cassarea 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" 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 ]io other light than as a petition to the King, 
the prayer of which is just and equitable. Should 
Your Lordship, liowever, be of Opinion, that such 
Laws which may any ways concern the Eoyal 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] ADMINISTRATIOIS' 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°. 
35), made some Observations on this head, it is need- 
less to ti'ouble Your Lordship with a Reijetition of 
them here.' 

o^ "An Act to enable certain persons to erect and 
draw a Lottery for raising the Sum of One Thousand 
& fifty pounds, to be appKed for the purposes thej-ein 
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.'' 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. — N. J. Analytical 
Index, 433. 

- 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 tlie main road leading from Newark to New York. 
The law did not receive the royal assent until April 13, 177i.— Allison'' ti Laws, 385; 
Josiah Hornblower, etc., 29-30, note.— [W. N.] 



388 ADMINISTRATION" OF GOVERNOK FRANKLIN. [1773 



Letter from the Ehrl 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. 
Governoi* Franklin. 

Sir, 

I have received and laid before the King your letter 
to Lord Hillsborough of the 5"' October N" 42. and also 
one addressed to me of the 11>"' 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'' 

Dartmouth. 



Letter from Gov. FranMin to the Earl of Dartmouth 
relative to pajjcrs transmitted to Chief -Justice 
Smyth. 

[From P. R. O. America and West Indies, Vol. 177 (195).] 

Burlington Jan''' -t*" 1773. 
Eight Hon'^'.^ the Earl of Dartmouth &c. &g. &c. 

My Lord, 
Immediately on the Receipt of your Lordship's Dis- 



1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 389 

patch of the 4"' of September (which did not come to 
hand till the 22^ of last Month) I transmitted the en- 
closed Letter and Papers to Ml' 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 Got). Franklin to the Earl of Dartmouth, 
transmitting a memorial from Attorney -General 
Skinner, ivith observations on the fees of the Gov- 
ernor and other officers. 

[From P. R. O. America and West Indies, Vol 177 (195).] 

Burlington Jan'.^ 5*?' 17Y3. 
My Lord, 

I have the Honour to transmit to your Lordship a 
Memorial from M'.' Skinner,' His Majesty's Attorney 
General for this Province, representing the Insufft- 
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 
W. 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. 

' See page 383. 



390 At)MTliriSTRATION OF GOVERNOR FRAKKLIK. [1773 

At the last Session I endeavoured (as your Lordship 
will see by my 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 Rej)ly, that " this Colony is by no 
' means so much inferior to the adjacent Provinces, 
' either in Extent or Opulence, as is the Support al- 
' lowed to the publick Officers of Government, and 
' they hold their Commissions by the same or the hke 
'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 
Chief Justice of this Province. On which I was given 
to understand, that whether the Crown paid the Offi- 
cers or not was a Point they were very indifferent 
about; that tho'. Some People in the Massachusetts 



1773] ADMIIflSTRATION OF GOVERXOK 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/ 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 
x4.ssemblies 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 jBozm^ty and Justice,'' dii\& 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, H., 299, 316, 328. 



392 ADMINISTRATION OF GOVERNOR FRANKLIN. [l?73 

the Crown ceased I know not, nor what was the Cause 
of a Matter of such Consequence beings 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 fiOVERNOR FRANKLIN. 393 

I have now had the Honour to Serve His Majesty 
above Ten Years in this Province, and am, I beUeve, 
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 tlie 
least Doubt I shall then either receive an Encrease of 
my Salary, or a Promotion to a better Government.' 

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 Ectrl of Dartmouth. 

fFrom New York Colonial Documents, Vol. VIII., p. 349.] 

New York, 7 Feb^ 177?.. 
My Lord, 

I received last evening, from M' Elliot His Maj'- ' 
Commission under the Seal of gi-eat Brittain, and pro- 
ceedings had thereon, relative to the partition line be- 



' 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."— ITorfcs, VIIL, 41. 



394 ADMINISTRATION OF GOVERNOR FRANKLIN. [1773 

tween the Govern*' of New York and New Jersey, re- 
questing, I would transmit the same to His Maj.*^^ M' 
Jay, clerk to the Commiss'^ 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' Frankly n'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'" 
& other parties concerned in the premises — Should 
these proceedings meet with his Maj*-" approbation, we 
may, I hope, soon receive the Royal confirmation to 
the territorial Jurisdiction between the two Govern'' 

Your Lord^' 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 v/eight 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'" most obedient Servant 

W^' Tryon. 



1773] ADMINTSTRATIOK OF GOVRRNOE 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^ 8*!' 1773. 
My Lord, 

I had the honour to receive your Lordships Letter 
dated 4'?' of September last, imparting his Majestys 
commands to me to repair to Rhode 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.' Your Lord- 
ships Letter was delivered to me on the 23'^ of Decem- 
ber last, and on the 31":* 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 Governm* will 
be defeated, and the offenders screened from the hand 
of Justice. 

I must forbear giving your Lordshi^DS a particular 

' See page 375. 



39G 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 lemarks 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 
Lo]"dship have contented themselves with informing 
you of an adjournment, and their reasons for so doing;' 
but I am willing to go a little farther, and hope I shall 
be excused for taking up your Lordships time and at- 
tention. 

Your Lordships Letter to the Governor of Rhode 
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 Rhode 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 impai'ted 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 means 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 Govei'uor of Rhode 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 Royal Government — constituted as the 
Govei-nm^ of Rhode Island now is by their popular 

' For Oluef-Justice Horsinaiiden's report see N. Y. Col. Docs., VIII. , 3G0, 390, 700. 



1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 397 

Charter, the Governor thinks he sh^ have been remiss 
in his duty to the j^ieoj^le 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 
Ehode-Island — that power which in proper hands duly 
exerted w*? 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. 



1773J ADMI]SriSTRATIO]Sr 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 on the night 
the Schooner was burnt. ' 

There are only three or four of the Sailors who 
formerly belonged to the Gaspee now in America and 
their Evidence amount to little more than the attack 
and destruction of the Schooner. Capt. Duddingston 
certainly w'? be the most material Evidence to estab- 

> See also N. Y. Col. Docs., VIII., 390. 



1773] ADMlJ^TSTEATIO]Sr OF GOVERNOR FRANKLIK. 399 

lish some facts, and by his Letters to the Admiral he 
seems to think he sh'f 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 
ligiit 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'^ show him- 
self active in any prosecution against the offenders, 
w'.' surely find himseff 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 seeuis to be an 
universal abhorrence of such a proceeding not only in 
Ehode Island but in all the neiglibouring Colonies in 
truth I am persuaded that nothing but an armed force 
w'J effect it. 

I ought to appologize for the length of my Letter 
and the hast in which it is written — I arrived at this 
place from Rliode Island yesterday in my way to New- 
Jersey, and finding that a Packet wiU 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^.® Serv' 
Frederick Smyth. 



Letter from Gov. Franklin to the Earl of Dartmouth 
relative to the iMition from the Presbyterian 
Clergy. 

[From P. R. O., America and West Indies, Vol. 177 (195).] 

Burlington, Feb-"/ 27'" 1773 

The Right Hon^?" the Earl of Dartmouth 

My Lord, 

I am honoured with your Lordship's Dispatches of 
the 8^" and 1)"' of December, enclosing His Majesty's 
most gracious Speech to both Houses of Parliament, 
together with Copies of their Addresses.' 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 be lieighten'd by a 

1 At the opening of Parliament, November 26, 1773. The Speech, and conse- 
quently the Addresses, contained no allusions to American affairs. They are given 
in full in Dodsley's Annual Register for 1773, pp. S33-4. 



1773] ADMIIflSTEATION OF GOVERiNOR FRANKLIN. 401 

Tennination of the Session as hapi)y 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 A: most humble Servant 

Wf Franklin. 



Letter from the Earl of Dartmouth to Gov. Franklin, 
relative to the salaries of the officers of the Croiun. 

[From P. R. O., America and West Indies, No. 195.] 

Whitehall March 3'? 1773. 

Governor Franklin. 

*S7/*, 

I have received your letters of the 4"' & 5''' of Jan'7 
N^ 3 & 4. and have laid them before the King. 

I concur with you in opinion as to the Justice and 
Policy of allowing M' 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 tlie 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 ADMITflSTEATION 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'' 

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. 0., B. T., Plantations General, No. 27, U 49.] 

At the Court at S'!^ James's the 7™ 
Day of April 1773. 



]..[ 



Present 

The King's most Excellent Majesty. 

Lord President Earl of Rochford 
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 presciibed in 
the said Instructions; — His Majesty having taken the 
same into His Koyal Consideration, is pleased with the 
Advice of His Privy Council, to Order, and it is hereby 



1773] ADMIN"ISTRATION OF GOVERNOR FRAXKLIN. 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 Grovernors 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 further 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 T'-' 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 ProclamatioQ. 

Steph; CotTrell 



404 ADMINISTRATION OV GOVERNOR FRANKLIN. [l?73 

Letter from the Earl of Dartmouth to Gov. Franklin, 
relative to the application made by the Presbyter- 
ian ministers. 

[From P. R. O. America and West Indies, Vol. 177 (195).] 

Whitehall K/'' April 1773. 
Gov*". Franklin, 

Sir, 

I have rec'. and laid before the King your Letter of 
the 27^" 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? 40. 

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 &ci' 

Dartmouth. 



Letter from the Earl of Dartmouth to Chief -Justice 

Smyth. 

[From P. R. O. America & West Indies, Entry No. 410.1 

Whitehall 10'.'' April 1773 

Mr Chief Justice Smyth. 

Sir, 

I am very much obliged to you for the favor of your 
Letter of the 8'." 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'' 

Dartmouth 



1773] ADMINISTRATION OF fiOVERKOR FRANKLIN. 406 



Letter from Gov. Franklin to the Earl of Dartmouth, 
relative to the more adequate establishment of the 
Servants of the CYown in Neiv Jersey. 

[From P. R. O. America and West Indies, Vol. 195.] 

Burlington May 31*' 1773. 
The Right Hon'^'" the Earl of Dartmouth, &c. &c. 

My Lord 

I am honoured with your Lordship's Letter of the 
3" of March N. 4. 

Your Lordship's favourable Sentiments of my Con- 
duct, and your kind Promise to give Weight to my 
Apphcation 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, w^hatever 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 (jreneral, 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 ADMlKtSTRATlON 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 
Publick, 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 Colon}') 
it would then be necessary to encrease the Allowance 
to the Secretary and Clerk of the Council. At present 
he is in a more eHgible 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 
Wf Franklin 



1773] ADMINISTRATION OF GOVERNOR 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" 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 confoi-mable 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*^ 4o.— 

I am Scc'^ 

Dartmouth 



Letter from Governor Franklin to the Earl of Dart- 
mouth, relative to the Boundary Line hettveen 
New York and New Jersey. 

[From P. R. O. America and West Indies, Vol. 195.] 

, Burlington July 5"' J 773. 

Right Hon^'.'*^ 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 ADMiKISTRATiON OF GbVERNOE FEANKLIN. [1773 

New York & New Jersey, was, by some Mistake or 
other, transmitted without being exempKfied 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- 
iiiation, ordered another Copy to be made out, which 
I send herewith. I transmitted the former copy with 
my Letter of Novr 28, 1Y72 (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, 
Illative to the support of the King'' s Government 
in New Jersey. 

[From P. R. O. America and West Indies, Vol. 195.1 

Whitehall 4"' August 1773 
Gov*" Franklin 

Sir, 

I have received your Letter of the ?.P' of May N° 0. 
and have laid it before the King. 

The deficiency of the Fund appropriated by Parlia- 
ment for supporting the Civil Establisliments in 
America, has for the j)resent thrown difficulties in the 
way of my wish to see a mwe 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 I will not discontinue my Solicitation on that 
Head, and shall be glad of any opportunity of testify- 
ing the Regard with which &c? 

Dartmouth. 



1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 400 



Letfor from Gov. FrauMin to the Earl of Dartmouth, 
expressincj the satisfaction of the Presbyterian 
Clergy, etc. 

[From P. R. O. America and West Indies, Vol. 177 (195).] 

Burlington Oct'.' is^)' 1773 
The Eight Hon^'^ 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, & G, 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 2s"' of 
November 1772. 

I am, with the greatest Regard and Respect, 
My Lord, Your Lordship's most obedient 

& most humble Servant 
W" Franklin 



410 ADMiNiST RATION OF GOVERNOR FRANKLIN. [l773 



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. 

[From P. R. O. B. T. Plantations General, Vol. 42, p. 463.] 

Whitehall Octo- 2s, 1773 

To the Kings most ExcelP. Majesty. 

May it please Your Majesty, 

In obedience to Your Majesty's Orders in Council, 
dated the 1*"* of last Month, we have prepared and 
lierewith 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'" 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 Eeign. 

Whereas We have thought fit by Our Orders in Our 
Priv3^ Council to disallow certain Laws passed in some 



1773] ADMISriSTRATiOS" OF GOVERNOR FRANKLIN. 41 1 

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 inhei'it 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 Naturalization and Di- 
vorce. 

[From New York Colonial Documents, Vol. VIII, p. 403.] 

George R 

[l. s.] Additional Instructions Dated 24 Nov 

1^73 

Whereas We have thought fit l)y 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 GOVER"NrOR 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 aud 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 Pleasui-e 
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 Skinuer Papers amoiiK Manuscripts of W. A. Whitehead, Vol. 2, No 30.] 

D*- Sir 

* * * -X- jjow our politics will tuin, 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 striking circum- 
stances," have been pitched upon and largely spoken 
to, & tho' the Gov' 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' has not returned 
any answer to this message delivered last night. I 
look upon this as an Essay, and when the Gov' tells 



1773] ADMIJSTTSTRATION OF GOVERNOR FRANKLIK. 413 

US on wliat he founds his ophiion, 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'' 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" speech. 

Rewards of ?>oO£ each for Ford & Richardson and 
fifty pounds for King have been voted by the House, 
but they w'^ not join the Gov' and Pennsyl''.* in send- 
ing men to apprehend them' -^ * *. 

I am &c Your Affect'' & Dutiful 

CORT? SKIlVfNER. 



' 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.— Pe?i.n. 
Ai-chivcfi, IV., 466. The Governor issued a proclamation accordingly.— Pen h. 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.— Seco?id Penn. 
Archives, I., 183. During the attack on Fort Mifflin (November 1, 1777?) Ford de- 
serted, for which he was executed in September, 177S.— lb., 236; Penn. Col. Rec- 
ords, XI., 565-6. Probably this was not the New Jersey coimterfeiter, 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 vfa.r.— Annals of Morris County, 98. 
His accomplice, Richardson, was arrested in Pennsylvania in February. 1777, and 
committed to the Lancaster jail for coimterfeiting, and, doubtless, on suspicion of 
being disaffected to the American cause.— Poin. Archives, V., 239, 248-9, 2,54, 372; 
Penn. Col. Records, XI., 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 Morris county, was suspected of complicity with 
Ford and Ricliardson 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.— J//?iufcso/ Coiwict7, Feb. 14, 1774, post; 
Annals of Morris County, 96; Proc. N. J. Hist. Soc, September, 1850, 56.— [W. N.] 



414 ADMINISTEATION OF GOVERNOR FRANKLIN. [1773 



Letter from Cortland Skinner to Philip Kearny — 
proceedings of the Assembly in reference to the 
Treasurer. 

[From Skinuer Papers among Mamisoripts of W. A. Whitehead, Vol. II., No. 31.1 

5 Dec^ 1773 
Dear Sir 

I rec'' 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 
pontics. 

Tlie 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 vs^as one. Every [dayj since, he has 
been baried in his office writing for his life, for what 
end I know not, unless he means to siiow 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- 
he 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'' 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% W Dec^ 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 declai'ation 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 ADMINISTKATIOJSr 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, light or wrong, 
the opinion of the House is to be followed, and dance 
as v^e 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 wiU take time to confute. ^ * * 

I am, dear Sir Your affect'' 
CoRT° Skinner. 



Letter from the Earl of Dartmoat/i to Governor Frank- 
lin, informiny him that the Boundary Line between 
New York and New Jersey had been approved by 
the King, and tliat the Lottery Act was imder 
consideration. 

[From P. R. O. Amei-ica 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 18^^' October. 

You have already been acquainted that one of the 
Three Acts transmitted in your Dispatch of the i^S'/' of 
November 1772, which you are anxious to know the 
fate of, has received His Majesty's Royal Allowance 
& Approbation, and I 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 
purp(^se. 

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. 



Draff of instructions to the Representatives in Assem- 
hly from Burlington Coimtij, relative to the (lis 
charge of the Eastern Treasurer from his liabil- 
ities. 

[From New Jersey Historical Society Manuscripts, W. J., No. 17.] 

To T. B & R. B.^ Representatives in Assembly 
for the County of B[urlington] 

Gentlemen 

Wee y'' Board of Justices and Freeholders of the s'' 
County think it Incunibant on us to signify to you the 
aprobation of the Good people of this county and the 
Greatf all 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 

' So in the MS. The representative for Bui-lington county in the twenty-second 
and last Provincial Assembly, elected in 1771, was Henry Paxson and Anthoiij' Si'kes. 

27 



418 ADMINISTRATION OF GOVERNOR FRANKLIN". [17?4 

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 Regardf nil 
of our property and Interest. 

r' That you do not by any Law, Resolution, or vote 
whatsoever. Discharge the Eastern Treasurer from the 
money s'' to be stolen out of the Treasury untill such 
Robery is Positively and Clearly Proved. 

2'1 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"' That you no ways Countinance any Tryal wilst 
the s^ 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*.'' 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 that 
Circulating Cash is wanting, and that a Greater stock 
would be of Publick utility. 

By order of the Board 

J. S. Clrk. 



1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 419 



Minutes of Council referring to the representations 
against Thomas Kinney, High Sheriff of Morris 
County, for aUoiving Samuel Ford to escape from 
jail. 

[From Skinner Papers amon^ Manuscripts of W. A. Whitehead. Vol. 2, No. 35.] 

At a Council held at Burlington on the 14^'' 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 Comity 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 wlio 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^ 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'' 
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. [1774 

the said Representation are not supported. But it ap- 
pearing to the Board that the said Thomas Kinney 
may nevertheless he blameable for Neghgence 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' Pettit 



Message of Gov. Franklin to the Assembly, transmit- 
ting the resignation of the Treasurer, Stex>hen 
Skinner. 

[From New Jersey Historical Manuscripts, E. J., No. 20.] 

February 24, 1774 
Gentlemen, 

Having Communicated your Message of yesterday 
to M!' Skinner tliat 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 has 
therefore presented me with a Memorial requesting 
Leave to Resign his office. In hopes that liis Resigna- 
tion may be 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 



' 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 
to the Bar at the August Term, 1745.— Vroom''s Sap. Ct. Rules, 58. In 1754 the Leg- 
islature named him as one of the signers of Bills of credit. — N. J. Archives, VIII., 
2d, 300. He was a Vestryman of St. Peter's t'hurch, Perth Amboy, 1749-C2, and a 
Warden 17(53-74. In 1758 he was appointed by the Legislature as one of the Com- 



1774] ADMINTSTKATION OF GOVERNOR FRANKLIN. 431 

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 1T6S 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 com-t house and jail at Perth Axaboj.—Wliitehead''s Perth Amboy, 239-51-7-9. In 
1763 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.— iV^. 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.— iV. 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 Lmvs, 4A7-9. 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 Congres.s 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 



432 ADMINISTIIATION OF GOVERNOE FRANKLIN. [1774 

vision of this province has been greatly increased by 
the obscurity in w^hich the perpetrators of that atro- 
cious Villainy have been concealed, and although my 
most zealous endeavours have not been w^anting to 
have them discovered, and such circumstances have 
at length been brought to light as serve to point them 
out w^ith 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 v^ith 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 Drunimond removed the 
chest to New Brunswick. However, the Congress was still dissatisfied, and on 
February 28, 17V6, appointed John Dennis, of Middlesex, Treasurer, to succeed Mr. 
Smyth, for the Eastern Division.— Mhnites Coxincil of Safety, etc., for 1775-6, 340, 
389-90, 396-8, 444; N. J. Revolutionary Correspondence, 1-2-3. On July 6, 1776, Major 
Duyckink, of the Middlesex mUitia, arrested Smyth, with several other suspected 
persons, but Mr. Suiyth was released on his parole.— IF/ufe/ieod'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 £930, 6s , 
&A.— Minutes Council of Safety, etc., 499, 520. 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 Yoik Directory for 1786, however. In New York he 
was Treasm'er of the " City Funds " and was also Secretary to Sir Henry CUnton.— 
Jones's New York, II , 104, 4.58. As early as 1754 he was prominently identtfled with 
the Board of East Jersey Proprietors. — N. J. Archives, VIII., 1st, 200. He suc- 
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 1785. 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. Gen. and Biofi. Record, October, 1»84, 148; Minutes of East Jersey 
Proprietors, quoted in Early Days and Early Surveys of Ea.'^t New Jersey, by Wil- 
liam Roonie, Morristown, 1883, 40-52. Blr. Smyth man-ied Margaret, daughter of 
Andrew Johnston, a Perth Amboy merchant.— Whitehead, ut supra, 73. It was 
perhaps after removing to New York that he married 2d, Susannah, daughter of 
John Moore, of that city.— iV. Y. Gen. and Biog. Record, October, 1884, 148, note. 
— [W. N.j 



1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 433 

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, w^lio have not 
had an opportunity of being duly informed of the 
truth, even so far as it has been discovered; this to a 
heart conscious of its own integrity, and looking 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 ^vith 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, 



i'H ADMINISTEATION OF GOVEKNOR 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 pubhc 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 fuU 
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 
a 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 Goveiiior 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 Hopkinsoyi is recommended. 

[From P. R. O. America and West Indies, Vol. 177 (195).] 

Burlington Feb? 2s, 1774. 

The Rt. Hoii^^^^ 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 Eeceipt 
of Your Lordship's Dispatch N? 7— two from M-" Pow- 
nal dated 1^'^ Sept- and r* Decemf — and one from M' 
Knox of the 6*?" of Octo[ — the Contents of which I shall 
not fail to pay proper Attention to. 

The Assembly have been sitting ever since the lO'?' 
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 ])ersevered in their Refusal to 
grant the Supplies for the King's Troops, &c unless 
M' 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 Esqf/ one of His Majesty's Council for 
this Province, having removed to S- Croix, M^here 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!^ 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 w^ho is 
better, if so well qualified to Serve His Majesty in that 
Station." 

I have the Honour to be, with the greatest Respect 
and Regard, 

My Lord, Your Lordship's most obedient & 

most hum. Servant 
W" Franklin 



' A notice of Charles Read is ^iven 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 1722-6, 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.— Pejw. Mag. of Hist, and Biog., October, 1885, 339-43," 
Dorr''s Hist. Christ Church, 294; Hills^s Church in Burlington, 156, 209; 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 contin- 
ued in the House until called up to a seat in the Council in Vlb9).— Archives. IX., 127, 
151. He was Deputy Secretary for the Province, was one of the Surrogates for 
both East and West Jersey, Commissioner for New Jersey at the Easton Confer- 
ence with the Indians in 1758 (when he signed his name, " Charles Read, J»-."), and 
was entrusted with a variety of other positions of honor and profit. — 76., 151, 283, 
359; Penn. Col. Records, VIH., 175. He was commissioned a Justice of the Su- 
preme Court, August 17, 1753, and the same day was licensed 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, Read was again commissioned 
Associate Justice November 6, 1764, and held the office imtil his removal from New 
Jersey, as above.— Frooni's Sup. Ct. Rules, 47, 45, ,58. The marriage of (llharles 
Read to Sarah Harwcod, October 17, 1733, is recorded in the books of Christ Church, 
Philadelphia.— 2d Penn. Archives, VHI., 311. Is this the same person?— [W. N.] 

2 Francis Hopkinson, afterwards one of the signers of the Declaration of Inde- 
pendence, was a son of Thomas Hopkinson, an Englishman of brilliant accomplish- 
ments, who married, in 1736, Mary Johnson, a niece of the Bishop of Worcester. 
Thomas was Deputy Clerk of the Orphans' Court of Philadelphia for several years 



1774] ADMINISTKATION OF GOVERNOR FRANKLIN. 427 



Commission of Richard Stockton as Associate Jus- 
tice of the Supreme Court. 

[From Book C 3 of Commissions, Secretary of State's Office, Treuton, fol. 144.1 

George the Third by the Grace of God of Great 
Britain France and Ireland King Defender of the 
Faith &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 yoimger. Francis was baptized in Christ 
Church, Philadelphia, November 12, 1737, being at the time seven weeks o\6..—Hist. 
Burlington and Mercer Counties, 468. He was liberally educated, and so far de- 
parted from the ordinary curriculum of the time as to famiUarize 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 Borden, 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 yea,vs.—Hist. Burlinqton 
and Mercer Counties, 468-9. He still retained his connection with Penn.sylvania, 
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- 

' 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, 1693. He died 1707, leaving 
cliildren Richard, John, Job, Abigail (Ridgeway), Sarah (Jones), Mary, Hannah and 
Elizabeth. His son Richard removed from Flu.shing to Piscataway, and thence (in 
1696) to Princeton, buying 400 acres, and in 1701 bought of William Penn 4,450 acres 
more, in and abaut 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.— Pr/?(cefo)i, and its Institutions, hy John F. 
Hageman, I., 33-9. Richard Stockton, sou of John, was born at Princeton October 
1, 1730, was one of the first class graduates from the College of New Jersey, in 1748, 
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 Nev^^ Jersey in Amer- 
ica Giving and by these Presents Granting unto you 
full Pov^er and Authority to hear try & Determine all 

lector of Customs at New Castle, on the Delaware.— Penn. Archives, TV., 451. He 
was licensed as an attorney and counsellor of New Jersey May 8, 1775.— Froow's 
Sup. Ct. Rules, 60, 94. On June 32, 1770, he was appointed by the Provincial Con- 
gress as one of the delegates from New Jersey to the Continental Congress.— ilfm- 
utes Provincial Congress, etc., 473. The journals of the latter body show that Mr. 
Hopkinsqn 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.— Fjoom's Sup. Ct. Rxiles, 47. The Contmental Congress appointed 
him, November 6, 1776, one of three persons to constitute the Continental Navy 
Bonrd.— Journals of Conqress; Penn. Col. Records, XL, 860. Some account of a 
quarrel he had at Bordentown in this capacity in 1778 will be found in the Hist. 
Mag., in., 302-3. The Pennsylvania Legislature appomted him, July 16, 1779, Judge 
of Admiralty, wliich office he held by successive appointments until the court was 
superceded in 1789 by the Federal Courts.- Pen?i. Col. Records, XXL, 49, 307, 567-73- 
84; XV., 191; XVI., 99. Jlr. 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. Hopkinson 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 aud 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, 408-9. Duychinck"s Cyclo- 
pedia of American Literatiu-e (L, 300) dwells more upon the literary side of his 
character.— [W. N.] 

with the Province, and even reaching beyond its limits. — lb., 78; Provincial Courts 
of New Jf»-se?/, by Richard S. Field, 192; Life of Com. Robert F. StocJdon, 9-10; 
Sketch of Life of Richard Stockton, \>y Wm. A. Whitehead, N.J. Hist. Soc. Proc, 
January. 1877; Rules of Supreme Court, N. J., 1885, Appendix (by G. D. W. 
Vroom) 54, 59. 

[n 1764, writing to his former law-student, Joseph Reed, he suggested as the 
readiest solution of the troubles between England and her Colonies, the election of 
^' some bright Americans to Pariiament [Reed's Reed, I., 30), but a year later, during 
the controversy over the Stamp Act, he took the positive ground that Parliament 
had no authority over the American Colonists; so rapidly did public sentiment 
develop in those times.— JV. J. Hist. Proc , 149. In 1766 he went to England, where 
he spenr 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- 
lege of N. J., by John MacLean, I., 397, 385; Provincial Courts, 193-6. Appointed 
to the Council in 1768 (see ante, page 59), on the recommendation of Governor 



yX"^ 



1774] administeItion of governor franiClhst. 430 

Pleas whatsoever Civil, Oriminal and mixed, accord- 
ing to the Laws Statutes & Oastoms of Great Britain 
and the Laws and usages of our said Pi'ovince 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 dm-ing these troublesome times, and vmder 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 Blajesty's Minis- 
ters," in which he suggested substantially a plan of self-government for America, 
independent of Parliament, mthout renouncing allegiance to the Crown.— Histori- 
cal Magazine, November, 1868, p. 238. 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, 177o.— Minutes Provincial Congress, etc., 323. He 
was elected to the Continental Congress, June 23, 1776.— /6., 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; Sedgwick''s Livingston, 20.'5-6. 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.'"— Hi's to cy of Revolution, ed. 1789, II., 103. 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 tAugust 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, \)Si&s,ivQ.; Sedgirick's Livingston, 20Q. On September 25, 
1776, Congress appointed him on a committee of two to visit the Northern army, and 
he set out immediately. He was greatly affected at the unfortunate condition of 
the patriot soldiers. Writing from Saratogo, October 38, to Abraham Clark, he 
says the New Jersey soldieis 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." — American Archives, 5th series, II., 561, 1356, 1374. He left 
Albany on his homeward journey, November 21. Two days later he was appointed 
by Congi-ess on a committee " with full power to devise and execute measures for 
effectually re-enforcing Gen. Washington, and obstructmg the progress of Gen. 
Howe's army."— /6., III., 784, 838. 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 Ti'usty 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 Covenhoven, in Monmouth county. There he 
was surprised and captured by a party of Tories, who shamefully treated liim, 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 in a foul prison, and treated with such indignity that Congress 
was impelled (January 3, 1777) to formally remonstrate against his treatment, and 
took measures to secure liis exchange. VVhen released his health was hopelessly 
shattered, and he was an invalid until relieved by death, February 38, 1781, at 
Princeton. The date of his arrest is generally given as November 30, 177C, 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; Lossmgr's Field-book of the Ttevolution, XL, 342; Gordon's Ameri- 
can Revolution, ed., 1780, U., 175; RaunVs Hist. N. J., I., 433; Whitehead, ut supra; 
Whitehead'' s Perth Amboy, 'iM; Gordon's N. J., ^2i. Mr. Stockton married Annis 
Boudinot, daughter of Elias Boudinot, of Elizabethtown, and sister of Elias Boudi- 
not, -LL.D., President of Congress, 1783-3, and first President of the American 
Bible Society. Dr. Boudinot marrie 1 (1703) Mr. Stockton's sister.— Hatfield's Eliza- 
town, 588-9; Helen Boudinot Stryker, in Penn. Hist. Mag., III., 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 
gallant and courtly acknowledgement. — Mag. American Hist., V., 118; VII., CO. 
Mr. Stocklon left children: Ricliard (tlie " Duke "), Lucius Horatio, Julia (married 
Dr. Benjamin Rush), Susan (married Alexander Oiithbertt, Mary (married the Rev. 
Dr. Andrew Hunter\ Abby (married Robert Field). — Provincial Courts, 199. The 
fidlcst and most accurate sketcli of the family, and especially of the Signer, is 
given by John F. Hageman, Esq., in his atlmirable and deeply interesting history 
of " Princeton and its Institutions," I., 80-88.— [W. N.] 



1774] ADMINISTRATION OP GOVERNOR FRANKLIN. 431 



Circular Letter from Mr. Poiunall 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^ 

J POWNALL 



Copy of His Majesty's Message, To Both Houses 
of Parliament Delivered 7*^ 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^'^ Mar. 
1774. 

House of Lords 7"' 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 GOVERNOK FRANKLIN. 433 

Resolution of the House of Commons for Ad- 
dress in Answer to His Majesty's Message 
7*!^ March 1774. 

Resolved 

That an humble Address be presented to His Maj- 
esty, to return His Majesty the Thauks 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 effectuaUy 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 ansiuers to inquiries relative to the 
present state and condition of His Majesty- s Pro- 
vince of Neiv Jersey. 

[From P. R. O. America and West Indies, Vol. 17T (195).l 

Burlington March 28*.'' 1774 
Right Hon'''*" the Earl of Dartmouth 

My Lord, 

The Assembly having sat from the 10*-' of November 
to the 11'.'' Instant; during which Time (as I have no 
private Secretary to assist me in my Business) 1 had it 

not in my Power before to answer the Queries or 

28 



434 ADMIIS^ISTRATION OF GOVERNOR FRANKLIN. [1774 

Heads of Enquiry transmitted to me in your Lord- 
ship's Circular Dispatch of the 5*'' 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' 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 
Maj) 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 Loi'd, 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- 

' See Duer's Life of Lord Stirling, 111. 



1774] ADMINISTRATION" OF GOVEKlSrOR 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 39° 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 7(»°, 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 ADMINISTEATION OF GOVERN OE FRANKLIN. [1774 

West by Delaware River and 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 1769 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', ST'. — 
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 



1774J ADMINISTRATIOH OF GOVERNOR FRANKLIN. 437 

or StatioD 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 ? 

Ansive7\ 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 GO 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, 00(^ 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 ^. 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 ADMINISl^RATiOK 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 (,^harles the Second. 

4. What Eivers are there, and of what Extent, and 
Convenience in Point of Commerce ? 5. What are 
the principal Harhours, how situated, of what Extent, 
and what is the Depth of Water and Nature of An- 
chorage in each ? 

Answer, The principal Eivers 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 C-ity of Burhngton. 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 Falls, passable, however, with 
flat bottom'd Boats which carry 5 or 600 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] ADMIJSriSTEATION OF GOVERNOR FRANKLIN. 430 

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 ? 

A7iswer. 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 Royal Commission & Instructions to Lord 
Cornbury, are to be found at large in Smith's History 
of New Jersey sent hei'ewith. 

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 ComiciU can 
call, adjourn, prorogue or dissolve them, and there is 
no Septennial or other Act which Hmits their Duration.' 

' " 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. — AUinson's Lawn, 306 



440 ADMtKlSTRATiON 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 Legislature 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 
wiien 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 BiUs. 



1774] ADMINISTRATtON OF GOVERNOR FRANKLINT. 441 

The Courts of Judicature are, 1^* The Chancery, in 
which the Governor alone presides. 2*? The Court of 
Errors and Appeals, the Judges of which are the Gov- 
ernor & Council, but the Gov^ 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^, 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"' 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 & Burhngton 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. 

6'^^ The County Courts of Common Pleas & Quarter 
Sessions. 

6*?* The Justices Courts for Trial of Causes of Six 
Pounds and under, " in a Summary Way. AU 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' at Philadelphia, and the other Judge Kichard 
Morris, EsqV at New York. 

7. 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 Yeai's past ? 



442 ADMINISTRATION OF GOVERNOR FRANKLIN. [1?74 

Answer, 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*'> of Jan'7 1770 to the 5*!' of 
Jan7 1T72, 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"' 
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 
Keality tlie 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 Way of coming 
at an exact Account of them, 

8. 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 ? 

A7istver, For the Eeason 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 & Pensylvania. — There are no Commodities 
exported directly from N. Jeisey to G. Britain, but in 



17H] ADMINISTRATION OP 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 
Eurojie 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 Returns 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'' — 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 ? 

Anstver, 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 ADMINISTEATIOK OF GOVERNOR PRA]SrKLIN. [1774 

Produce of the foreign West India Islands. Some 
Cargoes from thence have been seized at different 
Times v^hich has proved some Check to that Branch 
of ilhcit Trade. 

11. What is the natural produce of the Country, 
Staple Commodities & Manufactures, and what Value 
thereof in Sterling Money may you annually export ? 

Ansiver, The principal Produce of the Country and 
Staple Commodities are, Wheats 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 14*!" of June 17()8 (NP 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 estabUshed 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 ? 

Ansiver, 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 ? 

A7iswer, I endeavoured in the Year 1772 to get the 
exact Number of Inhabitants, together with an Ac- 
count of the Births, Burials, &c. 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.' 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 



' 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 j'our 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."— Worfcs, VIII., 41. 



446 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774 

Calculation which can be made, thought to be about 
120,000. 

14. Are the Inhabitants decreased or increased within 
the last Ten Years; how much, and for what Eeasons? 

Answer, The Inhabitants I suppose to have increased 
upwards of 20,000 in the last ten Years, though great 
Numbers have quit the Colony, & have migrated to 
Virginia, North Carolina, the Ohio, Missisipi, &c. — 
The principal Eeason 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 Eegulations is it constituted. 

Ansiver, The Number of Men capable of bearing 
Arms in the Militia are reckoned at about 20,00(»; 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 16 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 Wi'iting. — The great Number of Quakers in the 
Western Division are the principal Cause of the Militia 
Law not being pro'perly 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? 

A^iswer, 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 Remains 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 qui^t inoffensive People. 

19. What is the Revenue arising within your Gov- 
ernment & how is it appropriated & applied i 

Ansiver, 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 100,0<)0£ in Paper Bills, to be emitted on 
Loan at 5 ^' 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 pai'ticular 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 17S2, in order to discharge the Debt incurred by 
this Province during the last War, The Quota w^hich 
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: o 

Somerset 1356: 3:0 

Morris 1085: 2:0 

Sussex 889: 18: 

Hunterdon 2045: 15: 

Burhngton 1607: 10: 

Gloucester 1 144: 14: 

Salem . 1019: 8:0 

Cumberland 578 : 0:0 

Cape May 250: 7:0 

£15,000: 0: 

20. What are the ordinary and extraordinary Ex- 
pences of your Government ? 

Ansiuer, 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 16,00£ 
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 10s. Currency or about 6s. 
3d. Sterling ^r Diem during the Session, besides an 
Allowance for Pens, Ink & Paper, and for copying 



1774] ADMIKISTRATION OF ttOVERNOR PRAXKLIN. 449 

the Laws and Minutes. The two Sergeants at Arms 
(one to each House) are allowed 3s. Currency |^- Diem 
during the Session, equal to about Is. 10" Sterling. 
The Doorkeeper to the Assembly is allowed 3s. Gd. 
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 &)£ Currency, or £37.10.0 Sterling for House 
Eent, and to the Chief Justice, or other Justice of the 
Supreme Court, 10£ Currency, or £G: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 solhciting the Af- 
fairs of the Province at the public Offices in England, 
which Seldom amounts to 30£ Sterling ^r 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 dF GOtERNOR 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 iP' Cent, but as Exchange is now, and 
has been for some Time, at 69 or To ^i^"" Cent, conse- 
quently the Salaries are 9 or 10 ^^ 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, 1Y74 



i 



An Account of the Dwelling Houses and Inhabitants of Pi^t 
riages, Births and Burials in the said Province for one Yejr, 







White Persons of all Denominations in the 


Marriages Births and Burials of 








Province. 


WTiite Persons \vithin the 1 








said Year 


1 

1 




Males 


Females 1 




Births 




Burials 




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1469 


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9003 


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4751 


2144 


1749 


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8944 


40 146 


153 


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Hunterdon 


d392 


3690 


2987 


656 


36 


7369 


3588 


2952 


570 


31 


7141 


14510 


92 '241 


199 


440 


48 


16 


11 


75 


23 


15 


6 


44 


119 


BiU'lington 


1894 


301 ■> 


"917 


470 


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6452 


2817 


"663 


447 


14 


5941 


12393 


67! 163 


165 


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31 


10 


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55 


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Gloucester 


1332 


2092 


1995 


231 


12 


4330 


1961 


1724 


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8 


4108 


8438 


56 152 


122 


274 


25 


20 


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2909 


1431 


1196 


117 


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2753 


5662 


39 


86 


86 


172' 


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11 


55 


13 


15 


12 


40 


nt5 


Cumberland 


87'3 


1319 


1116 


174 


6 


2615 


1132 


1056 


140 


6 


2334 


4947 


28 


SO 


75 


155 


10 


18 


9 


;37 


21 


13 





36 


jr3 


Cape May 


i',75 


46K 


374 


4':^ 





886 


381 


339 


37 


'? 


762 


1648 


11 


oo 


14 


36 


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2 


3 


1 7 


3 


3 


5 


11 


1R 


Bergen (wanting) 




















































Morris 


1693 


3015 


:mh 


414 


id 


5944 


•^738 


'^149 


335 


9 


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11168 


71 


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148 3571 


36 


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( the Province of New Jersey, and of the Mar- 
iom the 1'* of July 1771. to the r^ of July 1772 



loilies moved 


Families moved 




Births and Burials of 


i;of theProv- 


into the Prov- 


Negroes in tlie Province 


Negroes within the 


nce within 


ince within 




said Year. 


the said 
Year 


the said 
Year 








, 






Burials 






Males 


Females 




Births . 




f 


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454 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774 



An Account of the Exports from the Port of Perth 
Amboy between the 5V' of January 1770 and the 5*1* of 
January 1772 



3808. 


Barrels Flour 


1000. 


Ropes Onions 


1352. 


Barrels Bread 


198. 


Bush'? Rye 


203. 


W ditto 


9. 


Firkins Butter 


8906. 


Bush! Ind" Corn 


1. 


Barrel & 2o Bush! Nuts 


115.420. Staves & Heading looo. Hoops 


2300. 


Boards 


30. 


Empty Hhd^ 


1000 


1. Shingles 


1. 


Parcel of Earthen Ware 


n. 


Tons Iron 


1. 


Barrel Bitters 


33. 


Tons Madeira Wine 






& 53 GalP 


50. 


Bush' Buckwheat 


IS. 


Barrels Beer 


• 25. 


Bush' Turnip 


201. 


Pair Shoes 


10. 


Barrels Bees Wax 


600. 


Gall^ West India Rum 10 


K Tons Sasafras Roots 


50. 


Bush? Potatoes 


4. 


Boxes Candles 


200. 


Bush! Salt 


80. 


Barrels & 6o Quintals 
Cod Fish 


32. 


Sides of Leather 


21. 


Casks & 55 Bar'" Apples 


350. 


Bush'^ Bran 


!», 


. Hogsheads Melasses 


1. 


Firkin of Starch 


600, 


, GalP N. E. Rum 


2. 


Tons of Cyder 


1. 


Ton Log & Red Wood 



17. Barrelsof Beef t^Pork 8. Boxes Chocolate 



1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 455 



Representation from the Lords of Trade to the King, 
recommending Francis Hopkinson to he appointed 
of the Council in place of Charles Read, ivho had 
left the Province. 

[From P. R. C, B. T., New Jersey, Vol. 17, p. 262.] 

Whitehall April 2 If J 774 

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. Wf JOLLIFFE.' 

Whits. Keene. 



1 Whitshed Keene was appointed one of His Majestys Commissioners for trade 
and plantations, Jan. 25, 1774. Messrs, Jenyns, Gascoyne and Jolliflfe were reap- 
pointed at the same time. — Dodslcifs Annual Register for 1771, 183, 



456 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774 



Letter from the Earl of Dartmouth to Gov. Franklin, 
relative to the removal of the Treasurer of East 
Jersey, etc. 

[From P. R. O. America and West Indies, Vol. 195.] 

Whitehall 4"' May 1774 

Governor Franklin. 

Sir, 

I have received your Letter of the iJs'l' 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 Pi'oceedings. as to have maile that Dispute a 
Pretence for refusing to grant the Supplies for the 
King's Troops. 

In consequence of your Eecommendation of M' Hop- 
kinson the Board of Trade have proposed his being 
appointed of the Council in the Eoom of M' Reed. 

Inclosed I send you by the King's Command His 
Majesty's Order in Council on the 13*'' of April, ap- 
proving an Act passed in New Jersey in September 
1772, which you will not fail to make public in the 
manner usual upon such Occasions. ' 

I am &c'' 

DxVRTMOUTH. 

' 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*.' 1774 
The Right Hon^l" 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 Massachusett's 
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 incHned 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 Autumn, have ordered a 



458 ADMIKISTRATION OF GOVERITOR 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 Eepre- 
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 lol"^ of November, yet they avoided 
taking the Matter into Consideration (tho' frequently 
urged by some of the Members) until the 8*^ 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,' 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 Pi'ovinces, depend on the Pleas- 
ure of the respective Governors, it is not to be doubted 
but that the Governors will prorogue or dissolve them, 
w^henever 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 



' 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 Hinchman, John 
Mehelm and Edward Taylor.— Mfrtw^es 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 Residence. 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 Neiv Brunswick. 

[From New Jersey Historical Society Manuscripts.] 

Elizabeth Town, June 13th, 1Y74. 

To Messrs. Edward Taylor, Richard Lawrence, 
Elisha Lawrence, John Taylor and Henry 
Waddle, and others, Inhabitants of the 



460 ADMINISTEATIOK OF GOVEENOR 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.' 
We, the Conmiittee 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] ADMIKISTRATIOlSr OF GOVERJS'OR 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, 
ti^ansmitting a number of Acts of the Neiu Jersey 
Assembly. 

[From P. R. O. America and West Indies, Vol. 177 (195).] 



Right Hon^l" the Earl of Dartmouth. 

My Lord, 

I have the Honour to transmit to your Loi'dship 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'' of February 1773 to the 
3r.* 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 



462 ADMINISTRATION OF GOVERNOR 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 wiU 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. 



1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 463 

The other Act which has a Suspending Clause, is an 
Act for the Rehef of Abner Hefcfield 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 confii-m 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 hke 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"' & 10^'" 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 resol iitioris 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 

Burlington June 28*" 1774 

Rt. Hon^.^*^ 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 pubhshed 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 Non-Importation from Great Brit- 
ain which has been recommended. Their principal 



1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 405 

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 hke in future. It is indeed thought by 
many of the Friends of Government here, that a Con- 
gress if propejiy 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 11*-' 
1774 

At a meeting of the Freeholders & Inhabitants 

30 



466 ADMIlSriSTRATION OF GOVERNOR FRAKKLIN. [l774 

of the County of Essex, in the Provmce of 
New Jersey, at Newark in the said County, 
on Saturday the 11"' June 1774 

'This meetiug taking into Serioua 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, & i^articularly, 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 couutry, essential to our 
poHtical security and happiness. 

II. That the late act of Parhament 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 PKANKLIN. 467 

and especially any commodities imported from the 
East-Indies, mider 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 togethei", 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 C(^nsult 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" 



468 ADMlIsriSTRATION OF GOVERNOR FRAN^KLIN. [1774 



Letter from the Earl of Dartmouth to Gov. Franklin, 
relative to the Committee of Correspondence, and 
the 7'emoval of the seat of government from Burl- 
ington to Pert] I Amhoy. 

[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 OOVEKNOR FRANKLIN. 469 



Convention to No7ninate Delegates to the Continental 
Congress, etc. 

[From Minutes of Provincial Congress and Council of Safety, p. 35.] 

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- 



4?0 ADMINISTRATION OF GOVEKNOR FRAKKLIN. [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 
foi' 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 appoint a General Con- 
gress of Commissioners of the respective Colonies; 
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] ADMINISTRATIOlSr OF GOVERlSrOR FRANKLIN. 471 

5th. Resolved, That we do earnestly recommend a 
general non-importation and anon-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 reHef 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, antl 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 Richard 
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 ADMINISTRATIOlSr 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 Eiiquiry, of the New Jersey Assembly, 
to Benjamin Franklin, inquiring as to the pro- 
ceedings of the Parliament of Great Britain. 

[From Works of Benjamiri Franklin, edited by Sparks, Vin., 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 j^urpose 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, Ptrhaps the 
request we make may be attended with an impropriety, 
which escaped our attention. If it does, be pleased to 



1774] ADMIJSriSTRATIOX 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.' 



Letter from Gov. Franklin to the Earl of Dart mo nth, 
relative to tlie first Congress in Philadelphia, and 
containing '^secret intelligence.^' 

[From P. R. O. America and West Indies, Vol. 1"7(195).] 

Burlington Sept' 0*" 1774 
The Eight Honourable the Earl of Dartmouth 

My Lord, 

I duely received your Lordship's Dispatches N? 0, 
1(>, 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 

' Messrs. Tucker and Mehelm were from Hunterdon comity; 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 preivented 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 a poUticrd 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' tlie 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 eacJi Colony in America to tJie 
Parliament in Great Britain; a Measure which, not- 
withstanding the many Difficulties and Objections 
made thei-eto, on both Sides the Water, lie 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 Chai'acter, 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 sliould they be once publicly known 
in England they will be certainly known here, and of 
course a Stop wiJl be put to my obtaining any farther 
Intelligence from that Quai'ter. 

I have the Honour to be, with the greatest Respect 
and Regard. 

My Loixl, Your Lordship's most obedient 

& most humble Servant, 
W?' Frankliis 



[Secret and Confidential] 

Extract of a Letter from one of the Delegates 
for the Congress at Philadelphia — Dated 
Saturday Sept'' 3'! 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 
ai'e 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 
wisli 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, Hke Straws and Feath- 
ers, tell us from which Point of the Compass the 
Wind conies. I dined with them on Thursday. " 

"I have had two Opportunities, one with the elder 
Eutlidge 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- 
serdation 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 pai"ticular 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] ADMIXtSTRATION OF GOVERNOR FRANKLIN. 477 

port them, will have very little Effect— That in all 
ProbabiUty the Measures of the present Congress v^ill 
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 Eea- 
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 SepP' 
5, 1774. 

— " The Congress this Day met at Carpenter^ s Hall, 
notwithstanding the Offer of the Assembly Boom a 
much more proper Place. They next proceeded to 
chuse a Secretary, and, to niy Surj^rize 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 Uttle 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 Gth, 1774. 

[From P. R. 0., America 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 Eights of the Colonists 
explained and asserted on new and just 
Principles. Bj 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 tlie su- 
preme Head and Legislature of all the British Domin- 
ions, has a Eight to bind the Colonies as Members of 
that Dominion in all Cases whatever — And in Suppoi't 
thereof alledges — 

First, That in every State or Society it is essential 



1774] ADMINISTRATION OP GOVERNOR FRANKLIN. 470 

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 sup^reme 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 OF 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, Rules and Ordinances for the better Govern- 
■nient 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 sujjposed 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 1705. 



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 ReMgions, 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 



483 ADMINISTEATION OF GOVEENOR 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 C^olonies, 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 mast be a supreme Legislative 
Authority to remedy the Mischiefs arising from this 
Disunion of the Colonies, and to compel them to per- 
form the last mentioned, and other Duties which arise 
from the Nature of Society, and tend to its general 
Welfare and Safety. 

4. That in every Govei-nmeut Protection and Alle- 
giance or Obedience are reciprocal Duties — Protection 
from the State demands and entitles it to receive Obe- 



1774] ADMIN^ISTRATION" OF GOVERlSrOR 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 independant States without political and govern- 
mental Connection, which can only bind and cement 
the several Parts or Members of all Societies or Uov- 
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 noiv 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 Fatims 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 ADMIIS^ISTRATION OF GOVERNOR FRANKLIN. [1774 

Impartiality prevail in every Sentiment. To act other- 
vv^ise 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 ai'duous, 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, and 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 
and 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, witli Respect to Ameri- 
can Rights, without a Difi'erence; 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. " TJw 
Laiv 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 Char- 
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 



1774J ADMINISTEATION 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 ParHament 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 ivherever 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 ai^e 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 Poiver from, and 
represent the Lands ivithin the RecUm. And that 
hence the antient Maxim, That no Laivs are binding 
save those which are made with the Consent of the 



486 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774 

tvhole Nation, i. e. of the Proprietors of all the Lands 
ivithin the 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 Proprietor's of the Land gave their per- 
sonal Attendance in the Legislative Council, and 
shared the Power of making Laivs. 

4. That during the feudal Law all Landholders had 
a Right and w^ere obUged 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 ouly 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 some 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 Eepresentation of every Part of the Eng- 
lish Territory held, that those Tenants were immedi- 
ately impowered in Bight 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 Eight continued until the Time of 
Henri/ VI. when, the Lands being divided into smaller 
Portions, every Freeholder of Forty Shillings per An- 
num was impowered to vote for Knights 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. 

lu. That King John, in the great Charter granted 
for tlie 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 U. 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 Parhament 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 Freeliolders of England, in 
Parliament — And that there are divers other Stat- 
utes since to the same Effect. 

12. 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 
oi^portunity of representing by their Delegates at all 
Times tlieir 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 Eelief. 

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 Pai-liament, or 
in any Manner j)artake 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 accoiding 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 



1774] ADMIISnSTRATION OF GOVERNOR FRA]S"KLIN. 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' 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 AVords 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 xlrguments drawn in Favor of 
the Parliament, from the Necessity arising from the 
Disunion of the Colonies, can bear but little Weight, 
as a neiv Provision, upon the Principles of the Eng- 
lish (jrovernment, 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. 



1774] ADMINISTRATION, OF GOVERNOR I'RANKLlN. 491 

Sixthlij, 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 C^olonies, 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 
C^onsequences 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 ADMINISTRATION OF fiOVERNOR FRANKLIN. [1774 

be so presumptions 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 liopes, 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^ Political Creed with respect to 

America. 
From a London Paper, June 4"' 1774. 
To the Printer, 

Sir, 

Parliamentary Determinations being generally con- 
sidered in the present Times as coinciding with the Min- 
istei'S Inclinations, it may not be unentertaiuing to 
your Readers to have a clear Idea of the Principles by 
which the present Premier has 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 CV)mpass than 
the generality of Writers have extended it to in their 
voluminous Argumentation on this Subject. 

He maintains that the whole Reasoning on tliis 
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 pamphlet were subjiiitted by 
Joseph Galloway, of Pennsylvania, to the Continental Conj:ross.— Works of John 
Adams. JI., &7-2. The general style of the paper corresponds with his vacillating 
course at this period. These facts and the well-known intimacy between him and 
Governor Franklin afford reason for the belief that he was the Governor's secret 
correspondent, and the author of the pamphlet reprinted above.— [W. N.] 

2 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 Rights, 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, &c. 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 ADMINISTEATION 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 apiDrehend 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 Benjainin Franklin to Gov. Franklin, on 
Am er icayi Affa irs . 

[From Works of Benjamin Franklin, edited by Sparks, Vol. Vin., 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.' A Spanish war is now seriously apprehended, 

' 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 (i. e.. Captain) Michael Cresap, has been given a world-wide 
fame by Jefferson —iVofes on Virginia, Philadelphia, 1788, 66-8; Newark, 1801, 94-6: 
Trenton, 1803, 86-8, with Appendix, 311-35(3. (The Appendix was finst published at 
Philadelphia, in 1800, and in separate iorm).— Biographical Sketch of the Life of 
the late Captain Michael Cresap, by John J. Jacob, Cumberland, Md., 1826, re- 
printed. Cincinnati, 1866. The best account of Logan and his alleged speech is 
Brantz Mayer's discour.se, " Tah-gah-jute, or Logan, and t^aptain Michael Cresap," 
deUvered 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 Kimfs anxiety concerning the Con- 
gress in Ph iladeJphia. 

[From P. R. O. America and West Indies, Vol. ITT (195).] 

Whitehall 7"' Sept'; 1774. 
Governor Franklin. 

Sir, 

I have received & laid before the King your dis- 
patches of the 13"' & 2s'!' 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- 
bling between June 19 and July 8. It is quite probable that Sir William invited 
Governor Franklin to attend this conference, in view of his popularity with the In- 
dians at the Convention of 1768. (See ante, 56-8.) Moreover, the agitation on the 
frontier was largely caused by the aggression of the Ohio Company of Virginia 
(see Jacob's Cresap), whose aims were somewhat antagonistic to those of th(> Ohio 
Company in which Sir William Johnson and Governor Franklin were concerned, 
and this was another reason why tiiese men shoidd confer. The conference with 
the Indians extended through July 9, 10, 11 and 12, on which last-mentioned day Sir 
^^'illiam, already feeble in bodj^, 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 Pall was supported by His Excell'y the Governor of 
New Jersey the .ludges of the Supreme Court of New York, and other Persons of 
note who happened to be at Johnstown at that time."— A'. 1'. Col. Docs., VIH., 
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 tlie 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. VIII, p. 509.] 

Whitehai-l 19"' 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 



408 ADMINISTKATIOX OK GOVEENOR FRANKLIN. [1774 

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 Mihtary 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 (ScG"" 

Dartmouth. 



Letter from Cormnittee of Correspondeyice 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.' 
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 

' See Minutes Provincial Congress, etc., 1775, 21-4. 



1774] admi:n'istration of governor franklin. 499 

Character as men and as (yhristians. Happy as we 
are that Our Opposition to the late Edicts of a british 
parhament 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 Dirtij 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 Newspapei* 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 GOVERNOR FRANKLIN. [1774 



Letter from Governor Franklin to the Earl of Dart- 
mouth, transmitting a pamjMet published by the 
Coyigress at Philadelphia. 

[From P. R. O. America and West Indies, Vol. 195.) 

New York Ocf 2^)*." 1774. 
Right Hon^.^^ 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- 
hshed by the Congress at Philadelphia, containing 
their Eesolutions, &c. which, as there is a Vessel 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 Kespect & Pegard, 

My Lord, Your Lordship's most obedient 

& most humble Servant 
W" Frank UN 



1774] ADMINISTRATION OP 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 2^1 Nov!" 1YT4 
Governor Franklin. 

Sir 

Your Attention in transmitting to me the papers 
which accompanied your dispatch of the 6"' of Septem- 
ber N? 1.5 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 pubhc 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 
■ New 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 ADMlNISTEATlOlSr OF GOVERNOR FRA^TKLIN. [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 w^ords 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 w^e 
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 & sev- 
enty four. 
Sealed & Signed in presence of 
RoB^ Hull W. Wickham 

Ch^ Wickham Crooke, Saml"; Gales, 

Walt"* Rutherford. 



L774] ADMINISTRATION" OF GOVERNOR FRANKLIN. 503 



Letter from Gov. Franklin to tJie Earl of Dartmoutli, 
relative to the Congress at PhiladelpJiia 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^ f;*!' 1774 
Right Hon^.^'' the Eaii of Dartmouth, &c 

My Lord, 

I had the Honor, on the 29"' 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}^ do not conform, they are in Danger of becoming 
Objects of populaT 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 win 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 Mihtary 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" 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] ADMIlSriSTKATIOK OF GOVERKOR FRANKLIN. 505 

nia, 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 Ereedom 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 liis 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^ 



506 ADMIKISTEATION" 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. — 

S'} That the several Assemblies shall chuse Members 
for the Grand Council in the Following Proportions' 
Viz* 



New Hampshire 




Pennsylvania 


Massachusetts 


Bay 




Delaware Counties 


Rhode Island 






Maryland 


Connecticut 






Virginia 


New York 






North Carolina 


New Jersey 






South Carolina 


r\ qViqII moof a 


f flir 


Georgia 



first Time being called by the President Genei'al as 
Soon as Conveniently may be after his AiJ])oiutment, 

4. That there shall be a New Election of Members 
for the Grand Council every three Years, and on the 
Deaths, removeal, O)' Resignation of any Member his 
Place shall be Supplied by a New Choice at the next 
Sitting 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 Pi-esident 
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.' 



' The foregoing Plan was submitted Septembei- Q8, 1774, bj' Joseph Galloway, and 
received the votes of five Colonies, to six in the negative.— 1 Aincricun Archives, 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. U.I 

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 W. 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 wiU 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 wliich 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 x)erhaps 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 LordshijDS 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 1774 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 177-i Intitled. 

"An Act for the support of Government of His Ma- 
"jestys Colony of New Jersey, to commence the P.* 
" 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 SuiDplementary 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- 
' f eiters of Foreign Gold or Silver Coin, Current vvith- 
'in the Colony of New Jersey, And the utterers 
' thereof, knowing the same to be Counterfeit." 

"An Act to obKge 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 Pomids Nine 

* Shillings and four pence, for which the said Treas- 
' urer claims Allowance in his Accounts alledging 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, 

* 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 Roads and 
" Streets in the Northern Ward of the City of Perth 
" Amboy, and to repair the Town Wharf in -the said 
" City, by a Tax on the Inhabitants of the said North- 
" ern Ward and for other Uses and purposes therein 
"mentr' 

" 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 suffi- 
" 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 ill 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 
" Water Course of said Creek open, and Clear, and to 
" make the said Dam when erected a Pubhc Landing." 

" An Act to enable the Owners and Possessors of 
'' Marshes Meadows and Swamps bounding on the 
"south West side of Kaccoon 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 Buiiinglon and for Repairing the Cause- 
" ways adjoining said Bridge." 

" An Act to Revive jDart 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- 
" ships of Elsinborough, Pilesgrove and Pittsgrove in 
" the County of Salem to ReJDair their Pubhc 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 (yommonly 
"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 Jun'' with respect to the loss of two 
"Title Deeds by Fire." 

' ' An Act for the relief of Abner Hetfield, an Insol- 
" vent Debtor." 



1774J ADMIJiTISTEATIOlSr OF GOVERlSrOR FRA]S"KLIlNr. 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^'^ Dec": 1774. R'' 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^' 1774 

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." 

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 resi.^tance and disobedience to the law still 
unhappily prevails Lq 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 o})Struct the commerce of this kingdom, 
by imlawful 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 firm and steadfast resolution to withstand eveiy 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 yoiu" assistance and support. 
* * Let my people, in every part of my dominions, be taught, by your example, 

33 



514 ADMINISTEATION OF GOVERNOR FRANKLIN. [1774. 

The Declaration which His Majesty has been gra- 
ciously pleased to make, of His firm & steadfast Eeso- 
lution, to withstand every Attempt to weaken, or im- 
jjair the Authority of the Supreme Legislature, over 
all His Majesty's Dominions — The Eesolution 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 Massachusefs Bay; and in the utmost 
reliance on your^Majesty's firm and steadfast resolution to continue to support the 
supreme authority of the legislature over all the dominions of your crown, yoiu* 
Majesty may be assured, that we will chearfully co-operate in all such measm-es 
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 yom* 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 :^eel the utmost concern, that a spirit of disobedience and 
resistance to the law should still unhappily prevail ki that province, and that it has 
broke forth in fresh violences of a most criminal nature; and we cannot but la- 
ment that such proceedings should have been countenanced and encouraged in 
any other of your Majesty's colonies; and that any of your subjects should have 
been so far deluded and misled, as to make rash and im warrantable 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 Parlia- 
ment, for the protection and security of the commerce of yom- Majesty's subjects, 
and for restoring and preserving peace, order, and good government, in the pro- 
vince of the Massachusett's-bay. Your faithful commons, animated liy your Ma- 
jei^ty's gracious assurances, will use every means in their power to assist your 
Majesty in maintaining entire and inviolate the supreme authority of this legisla- 
tiu-e over all the dominions of your crown; being truly sensible that we should be- 
tray the trust reposed in us, and be wanting in every duty which we owe to your 
Majesty and to oiu" fellow-subjects, if we failed to give our most zealous support 
to those great constitutional principles, which govern your Majesty's conduct in 
this impoi'tant business, and which are so essential to the dignity, safety- and wel 
fare of the British empire." — Dodsley^s Annual Register, for 1774, 263-6. 



1774] ADMINISTEATION" OF GOVERN'OE FRANKLIlsr. 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 Sec'' 

Dartmouth. 



Caveat of the Overseers of a school m the toivu 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 37.1 

Wliereas the Island called and known by the several 
Names of Mat inecunk^ Stacy's — ov Burlington Island,' 
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.— iV^. Y. Col. Docs., XII., 37; O'Callaghan's Hist. Neiv 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 Siveden, by Isaac Acrelius (Memoirs Penn. 
Hist. Soc, XII.), Phila., 1874, 67, 43. In 1656 a Swedish vessel sailed up the Dela- 
ware and landed goods at Matinnekouck, regardless of the Dutch.— Co7. N. Y. Hist. 
MSS., I., 167. In 1068 Peter Jegou, a Frenchman, " obtayned a permit & grant of 
govern' 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 
ye world," as he declared with bold hyperbole in ICuO.— Records of Upland Court 
{Memoirs Penn. Hist. Soc, VII.), 140-1. He claimed to have lost 5,000 guilders by 
this raid.— xV. Y. Col. Docs.. XU., 476. In 1637-8 (February 1.5). Peter Alrichs was 
given by Governor Nicholls, of New York, a grant for two islands " southwest from 
ye Island comonly called Matineconek.'' — 3 Penn. Archives,^' II., 731. 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 [VVywannatamo] with him he"' sallied out 
and killed two Dutchmen, Peter Veltscheerder and Christian Samuels, at Tinuag- 



516 ADMINISTRATION OF GOVERNOE FRANKLIN. [1774 

Jersey under the Eoyal Patent of King Charles the 
second m 1G64 been esteemed a part of that Province; 
— the Channel of the Delaware running between it 
and Pennsylvania.— ^?id Wltereas 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."— ^/ifZ Whereas the said Island, from all 
that appears, hath ever since heen 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 tlie service of Mr. Alrichs. — Records Upland Court 
149; 2 Perm. Archives^V.. 601-11. A general war between the whites and the Indians 
was averted only by the prompt action of surae of the latter, who caused one of 
the murderers to be killed as soon as found, in the ensuing December.— i6., 611. 
Meantime, measures were taken to fortify Matinneconk island against any fm-tlier 
attacks.— 76., 603. When the first Quaker settlers "sailed up the Delaware, the 
sixteenth of sixth month, 1G77. (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 thej' arrived at 
Matinneconck island they foimdit in possession of Henry Jacobs, who was "equally 
concerned with Peeter Jegoe and both tennants to the Governor for the Hand 
aftorsaide," Jac obs being of great service to them subsequently in their inter- 
com'se wth tH?*fl!fftans, whose language he understood —N. Y. Col. Docs.. 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 jiu'isdiction 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, Meadowes, and Appurtenances to the said 
Island belonging or in any wise appertaining now or lately in the tenure or Oecupa- 
con of Peter -legoe and Hendrick Jacobse in partnership." The yearly rental was 
to be "thirty Bushells of good winter wheate."— i6., 614. Friend Stacy appears 
not unnaturally to have anticipated trouble in ejecting Jegou and Jacobs, and on 
November 18 secured from Governor Andros an order to the EngUsh commander 



1'774] ADMINISTRATION OF 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 tlie 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 tlieir title thereto. 

Ellis Wright Tho? Rodmann 

Sam^ Allinson Sam^ How 

Chris".'' Wetherill John Hoskins 
Burlington lO*?" 12*?' Mo: (Decem!) 1YT4 



ou the Delaware to put him in possession of the island.— 2 Penn. Archives, Y., 709. 
A number of the principal settlers of Bui-Iington 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."— i\r. Y.