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 —
- 0
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° 0 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: 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: 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: 0
12 Ditto 15,000 Do 180,000:0:0
29 Total, £347,500: 0: 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: 0 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: 0 This
Sum you say is charged with
No. 1. To the Executors of Mr Parker . 44: 0: 0
2. To disabled Soldiers . . . 50: 0: 0
3. To the Barrack Masters at Neiu
Brunswick, . . . . 150: 0: 0
4. To the Agent .... 200:0:0
5. To the former Committee of Corres-
pondence 1000: 0: 0
6. To the present Committee . 100: 0: 0
7. To the East- Jersey Proprietors . 2000: 0: 0
£3544: <»: 0
Besides the Support of Government for Seven Months
Incidental Charges and Bounties on Hemp and Flax,
for neither of 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: 0 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. 0
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. 0
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: 0
Essex 1114: 7:0
Middlesex 1308: 10: 0
Monmouth 1603: 14: o
Somerset 1356: 3:0
Morris 1085: 2:0
Sussex 889: 18: 0
Hunterdon 2045: 15: 0
Burhngton 1607: 10: 0
Gloucester 1 144: 14: 0
Salem . 1019: 8:0
Cumberland 578 : 0:0
Cape May 250: 7:0
£15,000: 0: 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
i
,
Malac TTomaloo'
■a
o
,
^
"
COUNTIES
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Sussex
1469
"440
9003
"99
9
4751
2144
1749
''88
13 41 (IS
8944
40 146
153
"99
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6
■30
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11
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#
Hunterdon
d392
3690
2987
656
36
7369
3588
2952
570
31
7141
14510
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199
440
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16
11
75
23
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119
BiU'lington
1894
301 ■>
"917
470
"3
6452
2817
"663
447
14
5941
12393
67! 163
165
3"8
'^"
19
"1
6"
31
10
11
55
17
Gloucester
1332
2092
1995
231
12
4330
1961
1724
i>15
8
4108
8438
56 152
122
274
25
20
10
L55
30
15
8
,53
m
Waterford Town want-
ing
1
1. .
.
1
Salem
KKM
i53i>
i-'4;^
130
4
2909
1431
1196
117
q
2753
5662
39
86
86
172'
I'l
;-^5
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
0
36
jr3
Cape May
i',75
46K
374
4':^
0
886
381
339
37
'?
762
1648
11
oo
14
36
•?
2
3
1 7
3
3
5
11
1R
Bergen (wanting)
Morris
1693
3015
:mh
414
id
5944
•^738
'^149
335
9
5^"4
11168
71
9m
148 3571
36
13
13
«2
■A)
4
3
27
IH!)
Essex _
! Wanting I
1 No Returns j"
1
Sonaerset.-
Middlesex
1..
'-'■
'_'_
..
Monmouth
---
—
--
...
t-
( 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
J
-. 1
ousisting of
Consisting of
'
'
'
OS
1
1
a
o
m
CO
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to
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113
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200
21
42
41
83
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94
154
62 69
131
2851
7
6
13
2i sl
1
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6
)
40
4fl
89
8
17
21
38
253
333
586
2S1 248
509
1095
25
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1
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3;^
81
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29
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176
235
411
149 171
320
731
12
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1 2
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9
)
29
29
58
4
8
12
20
78
100
178
56 82
13S
316
6
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13
2.
1
1
6
i
13
5
18
7
24
13
37
77
92
169
60 69
129
298
4
4
8
2 2
4
rf
4
11
15
5
1
6
31
35
66
19 25
44
110
2
1
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1
2
21
38
59
18^ 34
52
111
2
2
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17
18
35
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15
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28
89
122
211
67
89
156
367
8
9
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13
....
....
....
....
....
....
....
....
....
--
J
--
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 0
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," Jacobs 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. Col. Docs., XH., 615; N. J. Ar-
chives, I., 287-8. In 1682 (September 28), the West Jersey Assembly passed an act
vesting the possession of the island in the town of Burlington, " the Rents, Issues
and Profflts thereout and therefrom Yearly arising to be employed for the Main-
tenance of a School for the Education of Youth within the said Town, and in the
first and second Tenths."— Z/eo«iin(/ and S2}icer, 455. Perhaps the estabUshment
of the supremacy of the title of the West Jersey Proprietors over the usurpation
of Governor Andros, induced Stacy to yield his claim under his lease. At all
events, he was a member of the Legislature which passed the act, and there is
nothing to show that he opposed the measure. The right of the Assembly to thus
dispose of the island does not seem to have been admitted by the Proprietors, for
in 1711 it was surveyed " to Lewis Morris as Agent to y= West Jer,sey Society by
Thomas Gardiner, Survey Genl.," being by him called " Matoneconk Isles," and
said to contain 400 acres.— Records Upland Court, 141, n. In 1767 the citizens in
town meeting resolved to "constitute a Public Free School in the city of Burling-
ton, and tliat the rent of the Island should be applied to the use of the Free School
for whicli purpose the said island was vested in the town." It was also agreed
that the moneys so arising should be applied to the education of orphan and indi-
gent children exclusivel.y.— JJ/sf. Burlington ari,d Mercer Counties, 143-5. The
property has been thus used for school purposes ever since the action mentioned.
The income supports one of the public schools of Burlington. What a contrast
between 1671 and 1886 !— [W. N.]
518 ADMINISTEATION OF GOVERiSTOR FRANKLIN. [1774
Letter from Samuel Holland, Surveyor -General of the
Northern District of North America, to Mr. Poiv-
nall.
[From P. R. O. B. T.. Plantations General, No. 29, W 9.1
Perth Amboy, New Jersey, 20th Dec^ 1774
Sir,
Your Favor of the 7"" July, aiTived here only a
Week ago, owing as I imagine to its having made the
Tour of Canada, it being marked Montreal October 30:
It would have been immediately answered, had I not
Then been necessarily absent, making Astronomical
Observations for setthng the 42"^ Degree of Latitude
on Delaware River; from which Business I came here
the 17'" Instant: A Copy of my proceedings therein,
I herewith inclose.
I am much obliged by your Attention to my Service
in desiring Mr Desbarres to send me a Copy of his
Nova Scotia Surveys, as he intends them for the Pub-
lic; and I shall be glad when they arrive, that I may
prepare them to join my General Projection, which is
only retarded for that reason, as I have mentioned
before.
It however gives me Infinite Chagrin, after my La-
bors have been honored with continued Approbation
in every Letter hitherto received, to learn for the first
time, that none of the Plans I have transmitted can
be applied to Any public Use or Advantage, untill the
General Map under one General Scale is transmitted
likewise: However disagreeable my Feelings must be
on this Intimation, they are made still more so, by
nay being Ignorant in what these Plans are defective;
when I consider the Esteem formerly expressed for
them; & the Pains I & my Party have taken to make
them worthy of it.
1774] ADMI]SriSTRA.TIOK OF GOVEK:JirOR FRAKKLIK. 519
The General Map referred to, will undoubtedly give
a More comprehensive Idea of our Surve}'S, than the
Same could, if seperated into several Parts tho' exam-
ined successively; & it has been my Ardent Wish to
be able to send It sooner, than It could be expected, as
well for the Purpose mentioned, as that I had flattered
myself it would be a Credit to all employed in the Ex-
ecution. But notwithstanding my Endeavors such
Obstacles have arisen, as have occasioned a Delay by
no means pleasing to me; a Delay that I must stiU
hope wiU be fully apologized for, when the Work ap-
pears, in the Complete Character I intend it shall.
Late as this General Map must necessarily be in per-
forming, I flattered myself, that Government would
be sufficiently informed of our strict Attention to this
Part of the Public Service, as well as derive all the
requisite Lights, this Business was expected to give,
by the two Sets of Plans I sent from Time to Time;
the one on a Scale of •lOUO feet to an Inch, intended to
shew as minutely as was necessary the Situation of
each Place, & the other of 2 Miles to an Inch intended
to connect these Places, & shew an extended Tract of
Country: Hence the Islands of S* John, Magdelanes,
Cape Britain & Anticosti were sent; also the River S*
Laurence, the Coast from that River, to the Gut of
Canso, & from S* John's River in the Bay of Fundy to
Cape Anne; these are successively our Surveys, each
being connected with the other, & nothing left undone
by Us of our District from Canada to Cape Anne, but
Newfoundland & part of the Province of Nova Scotia;
which Tracts tho' within my Instructions, I left to M""
Cook & M^ Desbarres who were surveying them for
the Admiralty, as I would not put Government to an
unnecessary Expence (which was approved of) in re-
peating Surveys that could be so easily communicated
or obtained.
These Plans have been performed with indefatigable
530 ADMTlSriSTIlATIOlsr OF GOVEENOR FRANKLIN. [1774
Industry, & every Object Eeally incident to the Sit-
uation properly delineated agreeably to Nature, Noth-
ing being left to the Imagination, which a very slight
Inspection of them, will immediately discover, every
Variation of tlie Ground being distinctly expressed,
besides the whole has been corrected as well as con-
nected by Astronomical Observations & extended
Bearings. All which when duly considered, I think
ought to place our Surveys in point of Fidelity & Ac-
curacy behind Nothing of this Kind. One Advantage
however M' Cook's & M' Desbarres' Surveys wiU have
over Mine; that is in Soundings (St Naval Remarks;
Circumstances w^hich I have repeatedly mentioned I
could not obtain from the Naval Department of my
Business; but which They, being on the Admiralty
Establishment easily got done, M' Cook for himself, &
M' Knight in the Diligent Schooner for M' Desbarres;
& who still continues to act, under that Gentleman's
Direction being now employed in Nova Scotia: This
Service I imagine might yet easily be done for me,
was Lieut. Knight ordered to act jointly with Lieut.
Mowat (who remains still with the Canseaux at Bos-
ton under the Admiral's orders); & would render my
Surveys as usefull to the Mariner as the Geographer;
& is more necessary now than ever, as the intricate &
dangerous Shoals of Nantucket, St George's Bank, &
the New England Coast are adjacent to last Summer's
Surveys.
It gives me much Pleasure to be now able to ac-
quaint the Right Honorable the Lords Commissioners
for Trade & plantations, that the Survey is brought
round to Newport in Rhode Island; this Summer's
Work having been, the surveying Boston Harbor &
Bay, Nantucket, Martha's Vineyard & the Elizabeth
Islands, & the Coast from Cape Codd to Newport
Lighthouse; & that from this Progress I hope to ex-
tend it next Summer to Hudson's River, including
Long Island.
1774] ADMINISTRATION OF GOVERNOR FRANKLIN. 521
It is but doing Justice to mention to their Lord-
ships, how much the Gentlemen, my Deputies under-
went this Summer in performing these Surveys; in
the progress of which. Two Seamen were drowned,
the Jupiter Tender lost with much Baggage, & the
Parties greatly distressed before they could obtain
Provisions from Boston: The Business was notwith-
standing completed, & is ascertained by sufficient As-
tronomical Observations &c.
I must add that when I mentioned in my Letter of
the 14th April last, that M' Sproule was appointed to
the Chief Surveyorship of New Hampshire by Gover-
nor Wentworth, & that M'.' Grant was to perform the
Part of the Survey designed for him to execute; I im-
agined that Gentleman would have been properly ac-
commodated on that Establishment; which not being
the Case no Alteration took place, & the Survey of
Nantucket, Martha's Vineyard, &c. was performed by
him as first intended, & he is still with me as before,
untill he receives such Encouragement from Governor
Wentworth, as shall make the above office adequate
to its Duty & his Merits.
We shall attend assiduously to the reducing these
Surveys to the accustomary Scales, & to that of the
General Map; these with the Plan of New Hampshire,
I hope I shall soon have the Honor to transmit to your
Office, & that they will meet wij^h the Approbation
bestowed on those pending.
I am, with the Greatest Regard, Sir,
Your most obedient & most humble Serv^
Samuel Holland
522 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Petition of the Members of the Congress at Philadel-
phia, to the King, received December 21, 1774.
[From P. R. O. America and West Indies, Vol. 278.]
To the Kings most excellent Majesty
Most gracious sovereign
We your Majestys faithful subjects of the Colonies
of New-Hampshire, Massachusetts-bay, Rhode-island,
and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, the counties of New- Cas-
tle Kent and Sussex on Delaware, Maryland, Virginia,
North -Carolina, and South Carolina, in behalf of our-
selves and the inhabitants of those colonies who have
deputed us to represent them in General Congress, by
this our humble petition, beg leave to lay our griev
ances before the throne.
A standing army has been kept in these Colonies,
ever since the conclusion of the late war, without the
consent of our assemblies; and this army with a con-
siderable naval armament has been employed to en-
force the collection of taxes.
The Authority of the commander in chief, and, un-
der him, of the brigadiers general has in time of peace,
been rendered supreme in all the civil governments in
America.
The commander in chief of all your Majestys forces
in North America has, in time of peace, been appointed
governor of a colony.
The charges of usual offices have been greatly en-
creased; and new, expensive and oppressive offices
have been multiplied.
The judges of admiralty and A^ice admiralty courts
are impowered to receive their salaries and fees from
the effects condemned by themselves. The officers of
1?74] ABMINISTKATlOX OF GOVEEKOR FKANKLIK. 523
the customs are empowered to break open and enter
houses without the authority of any civil magistrate
founded on legal information.
The judges of courts of common law have been
made entirely dependant on one part of the legislature
for their salaries, as well as for the duration of their
commissions.
Councellors holding their commissions, during pleas-
ure, exercise legislative authority.
Humble and reasonable petitions from the represen-
tatives of the people have been fruitless.
The agents of the people have been discountenanced
and governors have been instructed to prevent the
payment of their salaries.
Assemblys have been repeatedly and injuriously
dissolved.
Commerce has been burthened with many useless
and oppressive restrictions.
By several acts of parliament made in the fourth,
fifth, sixth, seventh, and eighth years of your Majes-
ty's reign, duties are imposed on Us, for the purpose
of raising a revenue, and the powers of admiralty
and vice admiralty courts are extended beyond their
ancient limits, whereby our property is taken from us
without our consent, the trial by jury in many civil
cases is abolished, enormous forfeitures are incurred
for slight offences, vexatious informers are exempted
from paying damages, to which they are justly liable,
and oppressive security is required from owners before
they are allowed to defend their right.
Both houses of parliament have resolved that colo-
nists may be tried in England, for offences, alledged
to have been committed in America, by virtue of a
statute passed in the thirty fifth year of Henry the
eighth; and in consequence thereof, attempts have
been made to enforce that statute. A statute was
passed in the twelfth year of your Majesty's reign,
524 ADMmiSTEATION OF GOVEENOR FEAliTKLIISr. [1774
directing, that persons charged with committing any
offence therein described, in any place out of the
reahn, may be indicted and tried for the same, in any
shire or county within the reahn, whereby inhabitants
of these colonies may, in sundry cases by that statute
made capital, be deprived of a trial by their peers of
the Vicinage.
In the last sessions of parliament, an act was passed
for blocking up the harbour of Boston; another, em-
powering the governor of Massachusetts bay to send
persons indicted for murder in that province to another
colony or even to Great Britain for trial whereby such
offenders may escape legal punishment; a third, for
altering the chartered constitution of government in
that province; and a fourth for extending the limits
of Quebec, abolishing the English and restoring the
French laws, whereby great numbers of british free-
men are subjected to the latter, and establishing an
absolute government and the Roman Catholick relig-
ion throughout those vast regions, that border on the
westerly and northerly boundaries of the free protes-
tant English settlements; And a fifth for the better
providing suitable quarters for officers and soldiers in
his Majesty's service in North America.
To a sovereign, who "glories in the name of Briton"
the bare recital of these acts must, we presume, justify
the loyal subjects, who fly to the foot of his throne
and implore his clemency for protection against them.
From this destructive system of colony administra-
tion adopted since the conclusion of the last war, have
flowed those distresses, dangers, fears and jealousies,
that overwhelm your Majestys dutiful colonies with
affliction ; and we defy our most subtle and inveterate
enemies, to trace the unhappy diffei^ences between
Great-Britain and these Colonies, from an earlier
period or from other causes than we have assigned.
Had they proceeded on our part from a restless levity
1774] ADMINISTRATION OF GOVEENOR FRANKLIN. 525
of temper, unjust impulses of ambition, or artful sug-
gestions of seditious persons, we should merit the op-
probious terms frequently bestowed upon us, by those
we revere. But so far from promoting innovations,
we have only opposed them; and can be charged with
no offence, unless it be one, to receive injuries and be
sensible of them.
Had our Creator been pleased to give us existence in
a land of slavery, the sense of our condition might
have been mitigated by ignorance and habit. But
thanks be to his adoreable goodness, we were born the
heirs of freedom, and ever enjoyed our right under
the auspices of your royal ancestors, whose family
was seated on the British throne, to rescue and secure
a pious and gallant Nation from the popery and des-
potism of a superstitious and inexorable tyrant. Your
Majesty, we are confident, justly rejoices, that your
title to the crown is thus founded on the title of your
people to liberty; and therefore we doubt not, but
your royal wisdom must approve the sensibility, that
teaches your subjects anxiously to guard the blessing,
they received from divine providence, and thereby to
prove the performance of that compact, which elevated
the illustrious house of Brunswick to the imperial dig-
nity it now possesses.
The apprehension of being degraded into a state of
servitude from the pre-eminent rank of English free-
men, while our minds retain the strongest love of lib-
erty, and clearly foresee the miseries preparing for us
and our posterity, excites emotions in our breasts,
which though we cannot describe, we should not wish
to conceal. Feeling as men, and thinking as subjects,
in the manner we do, silence would be disloyalty. By
giving this faithful information, we do all in our
power, to promote the great objects of your royal
cares, the tranquillity of your government, and the
welfare of your people.
526 ADMINISTRATIOJSr OF GOVERNOR FRAKKLIN". [1774
Duty to your Majesty and regard for the preserva-
tion of ourselves and our posterity, the primary obhga-
tions of nature and of society, command us to entreat
your royal attention; and as your Majesty enjoys the
signal distinction of reigning over freemen, we appre-
hend the language of freemen can not be displeasing.
Your royal indignation, we hope, will rather fall on
those designing and dangerous men, who daringly in-
terposing themselves between your royal person and
your faithful subjects, and for several years past in-
cessantly employed to dissolve the bonds of society, by
abusing your Majestys authority, misrepresenting
your American subjects and prosecuting the most des-
perate and irritating projects of oppression, have at
length compelled us, by the force of accumulated in-
juries too severe to be any longer tolerable, to disturb
your Majesty's repose by our complaints.
These sentiments are extorted from hearts, that
much more willingly would bleed in your Majesty's
service. Yet so greatly have we been misrepresented,
that a necessity has been alledged of taking our prop-
erty from us without our consent "to defray the
charge of the administration of justice, the support of
civil government, and the defence, protection and se-
curity of the colonies." But we beg leave to assure
your Majesty, that such provision has been and will
be made for defraying the two first articles, as has
been and shall be judged by the legislatures of the sev-
eral colonies, just and suitable to their respective cir-
cumstances: And for the defence, protection and
security of the colonies, their militias, if properly reg-
ulated, as they earnestly desire may immediately be
done, would be fully sufficient, at least in times of
peace; and in case of war, your faithful colonists will
be ready and willing, as they ever have been when
constitutionally required, to demonstrate their loyalty
to your Majesty, by exerting their most strenuous ef-
1774] ADMII^ISTRATION OF GOVERNOR FRANKLIN". 527
forts in granting supplies and raising forces. Yielding
to no British subjects, in affectionate attachment to
your Majesty's person, family and government, we
too dearly prize the priviledge of expressing that at-
tachment by those proofs, that are honourable to the
prince who receives them, and to the people who give
them, ever to resign it to any body of men upon
earth.
Had we been permitted to enjoy in quiet the inher-
itance left us by our forefathers, we should at this
time have been peaceably, cheerfully and usefully em-
ployed in recommending ourselves by every testimony
of devotion to your Majesty, and of veneration to the
state, from which we derive our origin. But though
now exposed to unexpected and unnatural scenes of
distress by a contention with that nation, in whose
parental guidance on all important affairs we have
hitherto with filial reverence constantly trusted, and
therefore can derive no instruction in our present un-
happy and ]>erplexing circumstances from any former
experience, yet we doubt not, the purity of our inten-
tion and the integrity of our conduct will justify us at
that grand tribunal, before which all mankind must
submit to judgment
We ask but for peace, liberty, and safety. We wish
not a diminution of the prerogative, nor do we solicit
the grant of any new right in our favour. Your royal
Autliority over us and our connexion with Great Brit-
ain, we shall always carefully and zealously endeav-
our to support and maintain.
Filled with sentiments of duty to your Majesty, and
of affection to our parent state, deeply impressed by
our education and strongly confirmed by our reason,
and anxious to evince the sincerity of these disposi-
tions, we present this petition only to obtain redress
of grievances, and rehef from fears and jealousies occa-
sioned by the system of statutes and regulations
538 ADMINISTKATION OF GOVERNOK FRANKLIN. [1774
adopted since the close of the late war, for raising a
revenue in America — extending the powers of courts
of admiralty and vice admiralty — trying persons in
Great Britain for offences alledged to be committed in
America — affecting the province of Massachusetts-
bay, and altering the government and extending the
limits of Quebec; by the abolition of which system,
the harmony between Great Britain and these colonies
so necessary to the happiness of both and so ardently
desired by the latter, and the usual intercourses will
be immediately restored. In the magnanimity and
justice of your Majesty and parliament we confide, for
a redress of our other grievances, trusting, that when
the causes of our apprehensions are removed, our fu-
ture conduct will prove us not unworthy of the re-
gard, we have been accustomed, in our happier days,
to enjoy. For appealing to that Being who searches
thoroughly the hearts of his creatures, we solemnly
profess that our councils have been influenced by no
other motive, than a dread of impending destruction.
Permit us then, most gracious sovereign, in the
name of all your faithful people in America, with the
utmost humility to implore you, for the honour of Al-
mighty God, whose pure religion our enemies are un-
dermining; for your glory, which can be advanced
only by rendering your subjects happy and keeping
them united; for the interests of your family depend-
ing on an adherence to the principles that enthroned
it; for the safety and welfare of your kingdoms and
dominions threatened with almost unavoidable dan-
gers and distresses; that your Majesty, as the loving
father of your whole people, connected by the same
bands of law. loyalty, faith and blood, though dwell-
ing in various countries, will not suffer the transcend-
ant relation formed by these ties to be farther violated,
in uncertain expectation of effects, that, if attained,
never can compensate for the calamities, through
which they must be gained.
1774] ADMINISTRATION" OF OOVERNOR FRANKLIN. 529
We therefore most earnestly beseech your Majesty,
that your royal authority and interposition may be
used for our rehef ; and that a gracious answer may
be given to this petition.
That your Majesty may enjoy every felicity through
a long and glorious reign over loyal and happy sub-
jects, and that your descendants may inherit your
prosperity and dominions 'til time shall be no more, is
and always will be our sincere and fervent prayer'
Henry Middleton E Biddle
Jn- Sullivan J: Galloway
Nath" Folsom John Dickinson
Thomas Gushing John Morton
Samuel Adams Thomas Mifflin
John Adams George Ross
Rob* Treat Paine Cha Humphreys
Step Hopkins Ca3sar Rodney
Sam: Ward Tho M: Kean
EHpht Dyer Geo: Read
Roger Sherman Mat. Tilghman
' " The committee which brought in this admirably well drawn, and truly concil-
iatory address, were Mr. Lee, Mr. John Adams, Mr. Johnston, Mr. Henry, and Mr.
Rutledge. The original composition has been generally attributed to Mr. Lee." —
MarshalVs Washinxiton, II., 180, note. " The draft first reported was from the pen
of Mr. Lee— the language of it, however, was not deemed, by a majority of con-
gress, sufficiently conciliatory, and it was recommitted. John Dickinson, who had
just taken his seat in congress, was added to the committee, and the petition finally
reported and adopted, was drawn by Mr. Dickinson." — PithbVs Hist. United States,
I., 29G, note. Writmg mainly from recollection, thuty-nine years after the event,
John Adams says: "The first draught was made, and all the essential materials
put together by Lee. It might be embellished and seasoned afterwards witli some
of Mr. Dickinson's piety, but I know not that it was."— TForfcs, X., 79. His biog-
rapher appends to the same page this note: " It is now well known to have been
the composition of Mr. Dickinson, filuch light is shed upon this question by an ar-
ticle in the American Quarterly Review, I., 413." " Mr. Henry was designated, by
his committee, to draw the petition to the king, with which they were charged.
* * His draft was unsuccessful, and was recommitted, for amendment. Mr. John
Dickinson (the author of the Farmer's Letters), was added to the committee, and a
new draught prepared by him was adopted." — Wirfs Life of Patrick Henry, third
edition, Phila., 1818, 109. Lord Chatham " thought the petition decent, manly, and
properly expressed," and the king himself at first received it " very graciously,"
and promised to lay it before Parliament.— J^ran/cUn's Works, V., 34, 28. The peti-
tion is published in Griffith's Historical Notes, 130, and in 4 American Archives, I.,
934-6.-[W. N.]
34
630 ADMINISTRATION OF GOVERNOR FRANKLIN. [1774
Silas Deaiie Th? Johnson Jun'
Phil. Livingston W™ Paca
John Alsop Samuel Chase
Isaac Low Richard Henry Lee
Ja' Duane Patrick Henry-
John Jay Gf Washington
VVT Floyd Edmund Pendleton
Henry Wisner Rich'! Bland
S: Boerum Benj" Harrison
Wil: Livingston Will Hooper
John DeHart Joseph Hewes
Step" Crane. R" Caswell
Rich'? Smith Tho Lynch
Christ Gadsden J: Rutledge
Edward Rutledge
Proceedings of the Inhabitants of Cumberland County,
in accordance with the recommendations of the
Contineyital Congress — disapproval of the De-
struction of Tea at Greenivich.
[From Duulap's Pennsylvania Packet, or the General Advertiser, Blonday, January
19, 1775.1]
At a general meeting of the inhabitants of the
county of Cumberland, in New Jersey, held
at Bridge-town, on Thursday, the 22'' day
of December, 1774.
The articles of the Association entered into by the
American Continental Congress being publickly read,
were unanimously approved of; whereupoQ it was
' The above account has been carefully copied for this work, from a file of the
paper in the New York Historical Society's Library. It was also ijubhslied in the
Historical Magazine^ April, 1873, ^'.51. The substance of it is given in the History
of Gloucester, Salem and Cumberland Counties. Philadelphia, 1883, 536.
17^] ADMIHISTRATION OF GOVERNOR FRANKLIN. 531
resolved, that a committee of thirty-five persons be
appointed to carry the same into execution throughout
the county;' accordingly the following persons were
chosen, viz.: Abraham Jones, Thomas Maskell, Eph-
raim Harris, Silas Newcomb, Ephraim Seely, Daniel
Elmore,' Jonathan Ayres, Elijah Hand, David Bowen,
and Joshua Brick, Esquires, Messieurs John Wheaton,
Benjamin Mulford, Abijah Holmes, Thomas Brown,
Joel Fithian, Daniel Maskell, John Gibbon, Michael
Hoshell, Thomas Daniel, Jonathan Smith, William
Aul, Joseph Sheppard, Isaac Preston, Samuel Leek,'
Mark Ryley, John Buck, Ezekiel Foster, Joseph New-
comb, Jonathan Lore, John Terry, Gideon Heaton,
Richard Wood, Joshua Ewing, John Laning, and
Thomas Ewing^
As soon as the committee were chosen, they were
publickly informed, that a quantity of Tea had been
secretly landed at Greenwich, and that the inhabitants
of that town had taken the alarm, and had chosen a
pi^o tempore committee of five persons, to take care of
the same until the committee of the county was
chosen;' the general committee then withdrew, in
• The first Continental Congress, which met at Philadelphia, September 5, 1774,
on October 20 formally signed the famous Association, or Non-Impoitation Agree-
ment, the eleventh article of which provided :
" Eleventh, That a committee be chosen in every county, city and town, by those
who are qualified to vote for representatives in the Legislature, whose business it
shall be, attentively to observe the conduct of all persons touching this Association ;
and when it shall be made to appear, to the satisfaction of a majority of any such
committee, that any person within the limits of their appointment has violated this
Association, that such majority do forthwith, cause the truth of the case to be
published in the Gazette, to the end, that all such foes to the rights of British
America, may be publickly known and universally contemned, as the enemies of
American liberty; and thenceforth we respectively will break off all dealings
with him or her."
2 Elmer. ^ Leake.
* This was in accordance with the following article of the Non-Importation
Association:
" Tenth, In case any merchant, trader, or other persons, shall import any goods
or merchandize after the first day of December, and before the first day of Feb-
ruary next, the same ought forthwith, at the election of the owner, to be either
re-shipped, or deUvered up to the committee of the coimty, or town wherein they
shall be imported, to be stored at the risque of the importer, until the non-importa-
tion agreement shall cease, or be sold under the direction of the committee afore-
said: and in the last mentioned case, the owner or owners of such goods shall be
532 ADMINISTRATION OF GOVEENOR FRANKLIN. [1774
order to consider what should be done in the affair,
and came into the following resolution, namely, That
this Committee, being ignorant of the principles on
which the said tea was imported, or whence it came,
and not being able to get information thereof, by rea
son of the importer's absence, do think it best to have
it privately stored, and agree to meet at ten o'clock
to-morrow, in order to take care of the same. Accord-
ingly they met the next day agreeable to appointment,
and found to their surprize that the tea had been
destroyed, by persons unknown, the night before, at
the time the committee were sitting at Bridgetown;'
whereupon the committee further entered into the re-
solves following:
I. That we entirely disapprove of the destroying the
abovementioned tea, it being entirely contrary to our
resolves.
IT. That we will not conceal, nor protect from jus-
tice, any of the perpetrators of the above fact.
Extract from the 7ninutes of the Committee^
Thomas Ewing, Clerk.
reimbursed (out of the sales) the first cost and charges ; the profit, if any, to be
applied towards relieving and employing such poor inhabitants of the to\ra of
Boston, as are immediate sufferers by the Boston port bill ; and a particular account
of all goods so returned, stored or sold, to be inserted in the publick papers ; and if
any goods or merchandizes shall be imported after the said first day of February,
the same ought forthwith to be sent back again, without breaking any of the pack-
ages thereof."
' " Rev. PhiUp Vickers Fithian, who resided at Greenwich, and who is said to have
been one of the party wlio destroyed the tea, gives us, in a few words recorded in
his journal on the next day after the occurrence, a vivid picture of the affair, and
of the feelings of the people concerning it. Under date of ' Friday, 23,' he says,
' Last night the Tea was, by a number of persons in disguise, taken out of the
House & consumed with fire. Violent & different are the words about this uncom-
mon manoeuvre among the inhabitants. Some rave, some curse and condemn,
some try to reason; many are glad the Tea is destroyed, but almost all disapprove
the Manner of tlie Destruction.' * '^ Disguised as Indians, the party early in the
evening broke open tlie store-house, took out the boxes of tea, and burned them on
the open square." — Hist. Gloucester, Salem and Camberland Counties, 536. By a
misunderstanding, the date given in the Rev. Mr. Fithian's diary above was fur-
nished to Col. Robert G. Johnson as " Thursday, November 22," and he so gives it
in his accoimt of the Greenwich tea-party, in his History of Salem, p. 123. The
error was repeated by Judge Elmer, m his History of Cumberland Comity, p. 15.
The inliabitants of the vicinity accordingly celebrated the centennial of the occur-
rence in November (25-6), 1874. It might be noted that in 1774, December 22 did fall
on a Thursday, while November 22 did not.— [W. N.]
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 533
Advertisement calling a meeting of the inhabitants of
Shrewsbury for the 11th of January, to choose a
Committee in accordance ivith the recommenda-
tions of the Continental Congress.
[From New Jersey Historical Society Manuscripts.]
Advertisement.
Agreeable to the Eesolutions of the Late General
Continental Congress — -The Inhabitants of the town of
Shrewsbury, more Especially Such as are properly
Qualified for Choosing Representatives to Serve in
General Assembly, are hereby Warned to meet at the
House of Josiah Halstead, in said Shrewsbury, on
Tuesday, the 17th of this Instant, January, at noon,
in Order to Choose a Committee for the Several pur-
poses as Directed By the Said Congress.
As the Method Ordered By the Congress Seems to
Be the only peaceable Method the Case v^^ill admit of,
on failure of which. Either Confirmed Slavery or a
Civil War of Course Succeeds: the Bare mention of
Either of the two Last is Shocking to human Nature,
more particularly So to all true friends to the English
Constitution. Therefore it Becomes the Indispensible
Duty of all Such to Use their Utmost Endeavors in
favor of the first or peaceable Method, and Suffer it
not to miscarry or fail of its Salutary and much De-
sired Effects By means of any Sinister Views or Indo-
lence of theirs. Surely Expecting on the one Hand to
Be Loaded with the Curses arising from Slavery to
the Latest posterity, or on the other hand the Guilt of
Blood of thousands of their Brethren and fellow Chris-
tians to Lay at their Door and to Be Justly Required
at their Hands. Think well of this Before it Be too
Late and Let not the precious moment Pass.
Shrewsbury, January 2d, 1775.
534 ADMIJSriSTRATIOlSr OF GOVERNOR FRANKLIN. [1775
Circular Letter from the Earl of Dartmouth to the
Governors in North America, directing them to
prevent the choice of Deputies to attend the Conti-
nental Congress.
[From New York Colonial Documents, Vol. VIII., p. 527.]
Whitehall 4 January 1775
Sir
Certain persons styling themselves Deles^^ates of sev-
eral of His Maj'^"" Colonies in America, having pre-
sumed, without His Maj*- '" authority or Consent, to
assemble together at Philadelphia, in the months of
September and October last ; and having thought fit,
amongst other unwarrantable proceedings, to resolve
that it will be necessary, that another Congress should
be held, at the same place, on the 10"' of May next,
unless redress for certain pretended grievances be ob-
tained before that time, and to reconnnend that all
the Colonies in North America should chuse Deputies
to attend such Congress, I am commanded by the
King to signify to you His Maj'''' pleasure, that you
do use your utmost endeavours to prevent any such
appointment within the yvy",";',e under your Govern-
ment; and that you do exhort all persons to desist
from such an unjustifiable a proceeding, which cannot
but be highly displeasing to the King.
I am ettc.
Dartmouth.
1775] ADMIiflSTEATIOIT OF GOVERNOR FRANKLIN. 535
Letter from the Earl of Dartmouth to Gov. Franklin,
relative to the proceedings and resolutions of the
Congress.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall 7"^ Jan'' 1775.
Governor Franklin.
Sir,
By the New York Mail which arrived yesterday I
received your Dispatch of the 6*?" of December inclos-
ing a Plan of a proposed Union between Great Brit-
ain & the Colonies, which I find by a Letter from L'
Governor Golden inclosing another Copy of it, was
suggested & proposed in the general Congress by M^
Galloway.
The proceedings & Eesolutions of that Congress &
the phrenzy & Violence of the people in the New Eng-
land Governments have brought the Dispute with
America to such an issue as to make it absolutely nec-
essary to come to some final decision, and the State of
the Colonies will become the first object of Consider-
ation upon the Meeting of Parliament after the Holy-
days.
The disapprobation of the proceedings of the Con-
gress expressed so generally by Men of Rank & Con-
dition in the Colonies of New York and New Jersey
must have its Influence upon the Mind of every un-
prejudiced person who wished to have seen a founda-
tion laid by more calm ife dispassionate Measures for
Peace & Union upon some reasonable and Constitu-
tional Plan.
I am (Sec!"
Dartmouth
536 ADMINISTRATIOX OF GOVERNOR FRANKLIN. [1775
Proceedings of the Elizabeth-Town Committee of Ob-
servation.
[From the New York Journal, or the General Advertiser, Monday, Jan. 26, 1775.]
At a full Meeting of the Committee of Observation
for the Free Borough and Town of Elizabeth, at Eliz-
abeth Town, New Jersey, January 16th 1775.
Eesolved, That in order to increase the number of
sheep, as recommended by the Seventh Article' of the
Association, entered into by the Continental Congress,
no Lambs be killed, or sold for the purpose of killing,
before the first day of August next, and that no Ewes
be killed or sold for that purpose, under four years
old, within the district of the said borough of Eliz-
abeth.
The same day were sold, (agreeable to the Resolves
of the Congress) at public Vendue, under the inspec-
tion of said Committee, one hogshead and two casks
of Goods, marked M. W. imported from Bristol, since
the first of December last, by Matthias Williamson,
Esq; in the ship Fair Lady, Capt. Sprainger, sent here
by the Committee of New^ York.
' " Seventh, We -will use our utmost endeavours to improve the breed of sheep'
and increase their number to the greatest extent; and to that end, we will kill them
as seldom as may be, especially those of the most profitable kind; nor will we ex-
port any to the West Indies or elsewhere; and those of us, who are or may be over-
stocked with, or can conveniently spare any sheep, will dispose of them to our
neighbours, especially to the poorer sort, on moderate terms."
1775] ADMINISTEATION OF GOVERNOR FRANKLINT. 537
Letter from Gov. Franklin to the Earl of Dartmouth,
transmitting his speech to the New Jersey Assem-
bly, together with Resolutions of that body.
[From P. R. O. America & West Indies, Vol. 177 (195).]
Perth Amboy Feb'/ i«.' 1775
My Lord,
The General Assembly of this Province are now sit-
ting, being convened on the 11"' of last Month, in order
to transact the public Business. At the Opening of the
Session I had some Hopes of prevailing on the House
of Eepresentatives not to approve of the Proceedings
of the general Congress held at Philadelphia, for which
Purpose a Paragraph of my Speech was particularly
calculated. But the Delegates from this Province took
the Alarm, and used their utmost Endeavours with
the Members to persuade them to give their Approba-
tion to those Proceedings, as otherwise one grand End
the Congress had in View would be entirely frustrated
namely, the preserving an Appearance of Unanimity
throughout the (Colonies, without which, they said,
their Measures could not have that Weight and Effi-
cacy witli the Government and People of Great Britain
as was intended. The Scheme, however, met with
some Opposition in the House, several Members pro-
posing to defer the Consideration of it to a future
Time, or to give their Approbation to only some
Parts of the Proceedings of the Congress; but by the
artful Management of those who espoused the Meas-
ure, it was carried through precipitately the very
Morning it was proposed, as your Lordship will see by
a Copy of their Eesolutions now enclosed, which were
all previously prepared for the Purpose.
I also send your Lordship a Copy of my Speech, the
Council's Address, my Answer thereto, and a Copy
which I have just obtained of the Address the Assem-
538 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
bly are to present to me To-morrow. By the latter
your Lordship will see that they intend to take my
Advice so far as to petition His Majesty on the Subject
of the present unhappy Differences between the two
Countries. What Weight they can expect such Peti-
tion to have, after having so recently given their full
Approbation to all the Measures of the general Con-
gress I am at a loss to conceive. It must however, be
the ardent Wish of every good Subject that Harmony
may be restored on some just and honorable Plan, and
that an Union between all the Parts of the King's
Dominions may be estabhshed on a solid and perma-
nient Foundation.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient &
most humble Servant
W°' Franklin
Speech.
Gentleme'ti of the Council and Gentlemen of the As-
sembly
Altho' not more than Ten Months have elapsed since
your last Meeting in General Assembly, yet as there
are several Matters of Importance which require the
particular Attention of the Legislature, I have thought
it proper to give you as early an Opportunity of trans-
acting the public Business as was consistent with your
Conveniency.
Gentlemen of the Assembly,
The Support of Government having been expired
since the first of October, I must recommend that
Matter to your early Consideration.
The Barrack Master's Accounts, for the Expenditure
of the Money granted last Year for the Supply of the
King's Troops shall be laid before you as soon as they
can be prepared.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 539
Gentlemen of the Council and Gentlemen of the As-
sembly
It would argue not only a great Want of Duty to
His Majesty, but of Regard to the good people of this
Province, were I, on this Occasion, to pass over in
silence the late alarming Transactions in this and the
neighbouring Colonies, or not endeavour to prevail on
you to exert yourselves in preventing those Mischiefs
to this Country, which, without your timely Interposi-
tion will, in [all] probability, be the Consequence.
It is not for me to decide on the particular Merits of
the Dispute between Great Britain and her Colonies,
nor do I mean to censure those who conceive them-
selves aggrieved, for aiming at a Redress of their
Grievances. It is a Duty they owe themselves, their
Country, and their Posterity.
All that I would wish to guard you against is the
giving any Countenance or Encouragement to that
destructive mode of Proceeding which has been un-
happily adopted in Part by some of the Inhabitants in
this Colony, and has been carried so far in others as
totally to subvert their former Constitution. It has
already struck at the Authority of one of the Branches
of the Legislature in a particular Manner. And, if
you. Gentlemen of the Assembly, should give your
Approbation to Transactions of this Nature, you will
do as much as lies in your Power to destroy that Form
of Government of which you are an important Part,
and which it is your Duty by all lawful Means to pre-
serve. To you, your Constituents have intrusted a
particular Guardianship of their Rights & Priviledges.
You are their legal Representatives, and you cannot,
without a manifest Breach of your Trust, suffer any
Body of Men, [to interfere] in this or any of the Pow-
ers vested in you by the Constitution. It behoves you
particularly who must be constitutionally supposed to
speak thesense of the People at large, to be extremely
540 ADMINISTRATION OF GOVERNOE FRANKLIN. [1775
cautious in consenting to any Act whereby you may
engage them as Parties in, and make them answerable
for Measures which may have a Tendency to involve
them in Difficulties far greater than those they aim
to avoid.
Besides, there is not. Gentlemen, the least Necessity,
consequently there will not be the least Excuse, for
your running any such Risks on the present Occasion.
If you are really disposed to represent to the King any
Inconveniences you conceive yourselves to lie under,
or to make any Propositions on the j)resent State of
America, I can assure you, from the best Authority,
that such Representations or Propositions will be
properly attended to, and certainly have greater
Weight coming from each Colony in it's separate
Capacity, than in a Channel, of the Propriety and
Legality of which there may be much Doubt.
You have now pointed out to you, Gentlemen, two
Roads — one evidently leading to Peace, Happiness, and
a Restoration of the Public Tranquility — the other
inevitably conducting you to Anarchy, Misery, and
all the Horrors of a Civil War. Your Wisdom, your
Prudence, your Regard for the true Interests of the
People, will be best known when you have shewn to
which Road you give the preference. If to the for
mer, you will probably afford Satisfaction to the mod-
erate, the sober, and the discreet Part of your Con-
stituents. If to the latter, you will, perhaps for a
Time, give Pleasure to the warm, the rash, and the
inconsiderate among them, who, I would willingly
hope, violent as is the Temper of the present Times,
are not even now the Majority. But it may be well
for you to remember, should any Calamity hereafter
befall them, from your Compliance with their Inclina-
tions, instead of pursuing, as you ought, the Dictates
of your own Judgment, that the Consequences of
their returning to a proper sense of their Conduct may
prove deservedly fatal to Yourselves.
1775] ADMINISTRATION OF GOVEKNOR FRANKLIN. 54l
I shall say no more at present on this disagreeable
Subject, but only to repeat an Observation I made to
a former Assembly on a similar Occasion. "Every
Breach of the Constitution, whether it proceeds from
the Crown or the people, is, in its Effects, equally de-
structive to the Rights of both. It is the Duty, there-
fore, of those who are intrusted with Government, to
be equally careful in guarding against Encroachments
from the one as the other. But It is (says one of the
wisest of Men) a most infallible Symptom of the dan-
gerous State of Liberty, when the chief Men of a free
Country shew a greater Regard to popularity than to
their own Judgmerit.-'
W^ Feanklin.
Council Chamber January 13*^ 1Y75.
To His Excellency William Franklin Esq'' Cap-
tain General, Governor and Commander in
Chief in and over His Majesty's Province
of New Jersey and Territories thereon de-
pending* in America, Chancellor and Vice
Admiral m the same &c —
The Humble Address of His Majesty's Council
of the said Province.
May it please Your Excellency,
We, His Majesty's most dutiful and loyal Subjects
the Council of the Province of New Jersey, beg Leave
to return Your Excellency our Thanks for your Speech
at the Opening of this Sessions; and to express our
Obligations for having given us so early an Opportu-
nity of transacting the Public Business, and that you
have been pleased therein to consult our Conveniency.
We agree with Your Excellency that it would argue
not only a great Want of Duty to His Majesty, but of
542 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Regard to the good People of this provmce, were we,
on this Occasion, to pass over in Silence the present
alarming Transactions which are so much the Objects
of public Attention; and therefore beg Leave to assure
you that, feeling ourselves strongly influenced by a
zealous Attachment to the Interests of Great Britain
and her Colonies, and deeply impressed with a Sense
of the important Connection they have with each
other, we shall, with all sincere Loyalty to our most
gracious Sovereign, and all due Eegard to the true
Welfare of the Inhabitants of this province, endeavour
to prevent those Mischiefs which the present Situation
of Affairs seems to threaten; and by our Zeal for the
Authority of Government on the one Hand and for
the Constitutional Rights of the People on the other,
aim at restoring that Health of the political Body
which every good Subject must earnestly desire.
Your Excellency may be assured that we will exert
our utmost Influence, both in our public and private
Capacities, to restore that Harmony between the Par-
ent State and His Majesty's American Dominions
which IS so essential to the Happiness and Prosperity
of the whole Empire: and earnestly looking for that
happy Event, we will endeavour to preserve Peace
and good Order among the People and a dutiful Sub-
mission to the Laws.
Jan^ 20. 1775
To which His Excellency was pleased to reply
as follows viz*
Gentlemen,
I heartily thank you for this Address. Your Senti-
ments concerning the present alarming Transactions
— Your Expressions of Zealous Attachment to the In-
terests of Great Britain and her C-olonies — Your prom-
ises to exert your utmost Influence to restore Har-
mony between them, and to preserve peace, good
1775] ADMIKtSTRATlON OF GOVEKNOR FRANKLIN. 543
Order, and a dutiful Submission to the Laws, are such
as evince your Loyalty to the most gracious of Sover-
eigns, and your Regard for the true Welfare of the
People. Their Constitutional Rights will ever be
found best supported by a strict Obedience to the
Laws and Authority of Government. Whenever that
Barrier is broken down. Anarchy and Confusion, with
all their attendant Evils, will most assuredly enter
and destroy all the Blessings of Civil Society.
A Copy of the Resolves of the N. Jersey Assem-
bly & of their Address.
To His Excellency William Franklin Esq'' Cap-
tain General, Governor and Commander
in Chief in and over the Colony of New
Jersey and Territories thereon depending
in America, Chancellor & Vice Admiral in
the same &c
The humble Address of the Representatives of
said Colony in General Assembly convened.
May it please Your Excellency
We, His Majesty's loyal and dutiful Subjects, the
Representatives of the Colony of New Jersey, in Gen-
eral Assembly convened, have taken into our Consid-
eration, Your Excellency's Speech at the Opening of
the present Session.
We shou'd have been glad, that Your Excellency's
Inclinations, to have given us, as early an Opportu-
nity of transacting the pubhck Business, as was con-
sistent with our " Conveniency," had terminated in a
Manner more agreeable to your Design and more fa-
vourable to us, than it really has done, on the present
Occasion. — If the Petitions which We understand
544 ADMINISTKATION OF GOVERKOH FRANKLIN. [1775
have been jDresentecl to you for that Purpose had been
granted, we should have had a Meeting more conven-
ient to us than the present, and that Meeting, perhaps,
wou'd have prevented some of those ' ' alarming Trans-
actions " which your Excellency's Apprehension of
your Duty leads you to mention to us, as having hap-
pen'd, in this Colony— We thank you for your Inten-
tion to oblige us, but that, it may not be so entirely
frustrated in future, permit us to inform you, it will
be much the most agreeable to us, that the Meeting of
the House, to do the publick Business, should not be
postponed to a Time later, than when the Bill for the
Support of Govei'nment expires.
We are sorry to hear that in your Excellency's
Opinion, there has been of late any " alarming Trans-
actions " in this and the neighbouring Colonies, Our
Consent to, or, Approbation of which may lead the
good People we represent into "Anarchy Misery and
all the Horrors of a Civil War." It is true, you are
pleased to tell us, that this Destructive Mode of Pro-
ceeding, has been adopted but " in part," by some of
the Inhabitants of this Colony. — We assure you that
we neither have nor do intend to give our Approbation
to Measures destructive to the Welfare of our Constit-
uents and in which we shall be equally involved with
them; their Interests and our own, we look upon as
inseparable, no Arguments ai'e necessary to prevail on
us to endeavour to prevent such impending Calami-
ties, and if we should at any Time mistake our Duty
so much, We hope your Regard to the People will in-
duce you to exert the Prerogative and thereby give
them the Choice of other Representatives who may
act with more prudence; The incertainty however to
wiiat " alarming Transactions " in particular you refer
renders it sufficient for us to assure you only that we
profess ourselves to be the loyal Subjects of the King
from whose Goodness we hope to be relieved from the
1775] ADMINlSTEATlON OF GOVERNOR FRAKKLIK. 545
present unhappy Situation, that we will do all in our
Power to preserve that excellent Form of Government
under which we at present live, and that we neither
intend to usurp the Rights of others, nor suffer any
vested in us by the Constitution to be wrested out of
our Hands by any Person or Persons whatsoever.
We sincerely lament the unhappy Differences which
at present subsist between Great Britain and her Col-
onies, We shall heartily rejoice to see the Time when
they shall subside on Principles consistent with the
Rights and Interests of both, which we ardently hope
is not far off and, tho' we cannot conceive how the
Separate Petition of one Colony, is more hkely to suc-
ceed than the united Petitions of all, yet in order to
shew our Desire to promote so good a purpose by
every proper Means, we shall make Use of the Mode
pointed out by your Excellency, in hopes, it will meet
with that Attention which you are pleased to assure
us wiU be paid to the Representatives of the people.
We have already resolved to support His Majesty's
Government, and we beg Leave to assure Your Excel-
lency that, tho' we are warmly attached to that Lib-
erty which as Subjects of our august Monarch we ap-
prehend ourselves to be justly entitled to and firmly
resolved to preserve it by every constitutional Means
in our Power, yet we shall with Pleasure lay hold of
every proper Occasion to manifest that Loyalty to his
Person and Regard to the Constitution which as Sub-
jects and Free men can be reasonably expected from
us. By Order of the House
Cortland Skinner,
Speaker
House of Assembly February 1'.' 1775
35
546 ADMINISTRATION OF GOVEENOR FRANKLIN. [1776
House of Assembly January 25"' 1775
MF Crane and M' Kinsey laid before the House the
Proceedings of the Continental Congress held at Phil-
adelphia in September last; which were read.
On the Question whether the House approved of the
said Proceedings ? It passed in the Affirmative.
Resolved That this House do unanimously approve
of the Proceedings of the Congress
Resolved unanimously That James Kinsey, Stephen
Crane, William Livingston, John DeHart and Richard
Smith Esq"^' (or any three of them) be, and they are
hereby appointed to attend the Continental Congress
of the Colonies intended to be held at the City of Phil-
adelphia, in May next, or at any other Time and
Place; and that they report their Proceedings to the
next Sessions of General Assembly, instructing the
said Delegates to propose and agree to every reason-
able and constitutional Measure for the Accommoda-
tion of the unhappy Difference at present subsisting
between our Mother Country and the Colonies, which
the House most ardently wish for.
Ordei^ed, That M^ Speaker do transmit a Copy of
the foregoing Resolutions to the Speaker of the As-
semblies of New York & Pennsylvania.
Resolved, unanimously, That the Thanks of this
House be given to James Kinsey, Stephen Crane, Wil-
liam Livingston, John DeHart, and Richard Smith,
Esquires, for their faithful and judicious Discharge of
the Ti'ust reposed in them at the late Continental Con-
gress.
1775] ADMIKISTRATIOK OF GOVERNOR FRAXKLIK. 547
Letter from Lord Stirling to Cortlandt Skinner, cov-
ering a valuation by three impartial persons, of
the land mortgaged by him to Mrs. MaryVerplank,
and afterwards by mistake, to the Treasurer, for
money had out of the Treasury.
[From Skinner Papers among Manuscripts of W. A. Whitehead, Vol. 3, No. 48. 1
Courtlandt Skinner Esq.
February IT: 1775
Dear Sir
I now inclose you a Copy of a Valuation made by
three impartial men of the Lands Mortgaged by me
to Mrs. Mary Verplank and afterwards by some unac-
countable mistake to your Brother as a Security for
the Monies I am Indebted to the Province of New Jer-
sey. By this Valuation the Lands amount to £4582
proc: Mrs. Verplank's Debt does not amount to one
half that Sum. Consequently (if this Valuation is.
Just) there will be sufficient in the Eemainder to dis-
charge the Debt due to the Province, When I last
saw you, I think you told me that the Assembly had
requested you to direct that the Equity of Redemption
should at the Ensuing Sheriff's Sale, be purchased for
the use of the Province. I therefore now Communi-
cate this Valuation to you, in order that you may
know^ how far it will be safe for to make Purchases
on this Occasion for the Account of the Province,
which I think will be Very Safe, if for the Redemp-
tion of Each Tract or Lott, their Agents do bid as far
as one half of the inclosed Valuation; if others will
bid more so much the better. You will be pleased to
give such Instructions as you think proper and I shall
548 ADMINISTRATION OF GOVERjiTOR fRANKLlN. [1776
be much obliged to you to be informed by the Bearer
what they are.
I am your most Obedient Humble Servt,
Stirling.
N. B. Be pleased to Communicate the Contents to
the Committee, at least to Mr. Fisher before the day
of Sale.
Letter from Governor FrayiMin, relative to the Seiz-
ttre of all arms and ammunition imported into
the province without license from the King.
[From P. R. O. America and West Indies, Vol. 177 (195).l
Perth Amboy Feb'7 is"' 17T5
The Right Hon*''." the Earl of Dartmouth, &c &c
My Lo7^d,
Upon receiving your Lordship's Circular Dispatch
of the 19"' of October, I immediately ' gave Notice to
the Officers of the Customs, and others, of His Majes-
ty's Order in Council relative to the Importation of
Arms and Ammunition, and directed the Seizing of
all such as should be imported into this province w^ith-
out a Licence from His Majesty, or the privy Council
for the Purpose. His Majesty may rely that nothing
shaU be w^anting on my Part towards a punctual Exe-
cution of his Intentions in this respect, within this
Government.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W Franklin
1775] ADMIJnSTRATION OF GOVERNOR FRANKLIN. 549
Order in Council approving three acts of tJie Province
of New Jersey, and recommending salaries mo7^e
suitable to the civil officers, the building houses
for the residence of the Governor, etc.
(From P. R. O., America and West Indies, Vol. 108'^ (113).]
*~'''*\ At the Court at S'^ James's the 20™
l^j Day of February 1775.
Present
The King's most Excellent Majesty.
Lord President Earl of Rochford
Duke of Queensbury Earl of Dartmouth
Duke of Newcastle Viscount Falmouth.
Earl of Denbigh
Whereas there was this Day read at the Board 3
Keport from thS Right Honourable the Lords of the
Committee of Council, for plantation Affairs Dated
this Day in the words following Viz* —
" Your Majesty having been pleased by Your Order
" in Council of the 237' of this Instant to referr unto
"this Committee a Representation from the Lords
''Commissioners for Trade and Plantations, Setting
"forth, That William Franklin Esquire Your Majes-
" ty's Governor of New Jersey in America, having
"transmitted the Laws Enacted in the last Session of
" General Assembly within that province, the said
"Lords Commissioners beg leave to lay before Your
" Majesty three of those Laws, which do on different
" Grounds require Your Majesty's Determination, sub-
" mitting to Your Majesty their Observations and
"Opinion thereupon— Viz' 'An Act for striking one
" hundred thousand pounds in Bills of Credit, and di-
550 ADMI]!fISTRATION" OF GOVERNOR FRANKLIN. [1775
"recting the mode for sinking the same.' — That the
"propriety both in point of Justice and poHcy of creat-
"ing paper Bills of Credit, and lending them out at
"Interest upon Land Security, in Order to create a
" Fund for supplying the necessities of Government,
' ' will certainly in the abstract Consideration of the
"proposition, admit of some doubt; the provision
" however made by Act of parliament for preventing
" such Bills of Credit being a legal Tender, has removed
"the principal Ground of Objection, and experience
" has shewn, that under that restriction it is a measure
" which has in Your Majesty's Colonies been attended
" with very salutary Effect, by Enabling the planters
" to Extend their Improvements, to open new Chan-
" nels of Commerce, to take off a greater Quantity of
"the Manufactures of Great Britain, and to pay for
"them with that Gold and Silver, which, was it not
" for the Advantage of this paper Medium must be
" retained in Order to answer the purposes of Circula-
"^tion; — That in this View therefore of the Act, and
" upon a full Consideration of the particular State and
" Circumstances of Your Majesty's Colony of New
"Jersey, the said Lords Commissioners lay it before
"Your Majesty for Your Majesty's Royal Confirma-
"tion, it having been very propei'ly j)assed with a
"Clause suspending its Execution until Your Majes-
" ty's pleasure could be known — That they should
" however have had the greater satisfaction in recom-
" mending to your Majesty to confirra this Act if the
" Assembly instead of a general Appropriation of the
"Interest Money to the Support of Government in
" such manner as should be directed by future Acts,
" had made a Settlement during the Existence of the
" Loan upon the Civil Officers of Government of Sala-
" ries more suitable to their several Stations than what
' ' they now receive, and had appropriated a Specific
"portion of the Interest Money to Building Houses
1775] ADMINISTKATION" OF GOVERSrOR FRANKLIN. 551
for the Residence of Your Majesty's Governor and
the meetmgs of the Legislature of which the Gov-
ernor says there is a shameful want in that prov-
ince— That such an Appropriation of the Interest of
the Loan is certainly no more than what they owe
to the Dignity of their own Government, and Your
Majesty's just expectations; And they Trust that if
Your Majesty shall he graciously pleased to direct
Your Governor to make a Requisition to the Effect
of what is above suggested the Legislature of New
Jersey will not make such an ill return to Your Maj-
esty's Grace and Favor in the Confirmation of the
Law, as not to comply with it^' An Act for lower-
ing the Interest of Money to six per Cent within this
Colony '—That M' Jackson One of Your Majesty's
Counsel at Law, whom the said Lords Commission-
ers have consulted upon this Act, observes, that it is
either useless or mischievous, for, if Money abounds
sufficiently in the province to induce possessors of it
to lend at Six per Cent, it will be lent at that rate,
in case it does not, the only Effect of the Law will
be a prohibition on the lending at all, to the manifest
injury of the Trade of the Colony and the Improve-
ment of its Lands; In this Objection they agree
with M- Jackson, and are moreover of Opinion that
this Confirmation of the Act for issuing paper Bills
of Credit, which are to be Lent out on Land Security
at five per Cent, renders this Law at least unneces-
sary, if not Improper, and they therefore lay it be-
fore Your Majesty for Your Majesty's Disallowance.
- ' An Act for the relief of Abner Hatfield an Insolv-
ent Debtor' — That this Act which has been very
properly passed with a Clause suspending its Execu-
tion until Your Majesty's pleasure can be known,
appears upon Examination not to be Uable to any Ob-
jection and therefore lay it before Your Majesty for
Your Majesty's Royal Confirmation ' — The Lords of
552 ADMINISTRATION OF GOVEENOR FRANKLIN. [1775
" the Committee in obedience to Your Majesty's said
" Order of Eeference, this Day took the said Represen-
"tationand Acts into Consideration, and concurring
"in opinion with the Lords Commissioners for Trade
" and plantations, do agree humbly to Report to your
" Majesty that the Act for Striking £100,000 in Bills
" of Credit is proper for your Majesty's Royal Confir-
" mation, and that if your Majesty shall be graciously
"pleased to confirm the same, it may be adviseable
' ' that the Right Honourable the Earl of Dartmouth
" One of Your Majesty's principal Secretaries of State
" should give Directions to the Governor of New Jersey
' ' to require of the Legislature of that province to make
' ' a Settlement during the Existence of the Loan upon
"the Civil Officers of Government of Salaries more
" suitable to their several Stations than what they now
' ' receive, and to appropriate a Specific portion of the
" Interest Money to the purpose of Building Houses
"for the residence of Your Majesty's Governor and
"for the Meetings of the Legislature. — As to the Act
' ' for lowering the Interest of Money to six per Cent
" within the Colony of New Jersey, the Lords of the
" Committee are of Opinion that the same ought to be
"Disallowed; And as to the Act for the Relief of
" Abner Hatfield an Insolvent Debtor, their Lordships
" do agree humbly to Report that the same is proper
" for Your Majesty's Royal Confirmation." —
His Majesty having taken the said Report into Con-
sideration, was pleased with the Advice of His Privy
Council to Approve of what was therein proposed.
And doth hereby Order that the Right Honourable the
Earl of Dartmouth One of His Majesty's principal Sec-
retaries of State do give Directions to the Governor of
New Jersey to make a requisition accordingly to the
Legislature of that province.
G. Chetwynd
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 553
Circular Letter from the Earl of Dartmouth, enclos-
ing papers and expressing hopes of a i^estoration
of the public tranquility.
[From P. R. O. America and West Indies, Vol. 361 (279).l
Whitehall 22'' Feb-^y 1775
Circular to the Governors of New York. New
Jersey New Hampshire. Deputy Governor
of Pennsylvania.
Inclosed I send you, by The King's Command, a
joint Address' of both Houses of Parliament to His
Majesty upon a Consideration of the Papers which
had been communicated to them relative to the state
of the American Colonies; together with His Majesty's
most gracious Answer to the said Address.
I likewise send you a printed Copy of a Bill brought
into the House of Commons for restraining the Trade
and Fisheries of the Four New England Governments
for a limited time; together with a Copy of a Eesolu-
1 The joint address was presented to His Majesty on Thm'sday, February 9, 1775,
as follows: '^ Most Gracious Sovereign: We, your Majesty's most dutiful and
loyal subjects, the Lords Spiritual and Temporal, and Commons, in Parliament as-
sembled, return Your Majesty our most humble thanks for having been graciously
pleased to communicate to us the several papers relating to the present state of
the British Colonies in America, which, by Yoiu- Majesty's commands, have been
laid before us: We have taken them into our most serious consideration; and we
find, that a part of Your Majesty's subjects, in the province of Massachusett's-Bay,
have proceeded so far as to resist the authority of the supreme legislature ; that
rebellion at this time actually exists within the said province; and we see, with the
utmost concern, that they have been co\mtenanced and encouraged by unlawful
combinations and engagements, entered into by Your Majesty's subjects in several
of the other colonies, to the injury and oppression of many of their innocent fel-
low-subjects, resident within the kingdom of Great-Britain, and the rest of Your
Majesty's dominions: This conduct, on their part, appears to us the more inex-
cusable, when we consider with how much temper Your Majesty, and the two
Houses of Parliament, have acted in support of the laws and constitution of Great
Britain. We can never so far desert the trust reposed in us, as to relinquish any
part of the sovereign authority over all Your Majesty's dominions, which, by the
law, is vested in Your Majesty and the two Houses of Parliament; and the conduct
of many persons, in several of the colonies, during the late disturbances, is alone
554 ADMINISTRATION OF GOVEKNOK FRANKLIN. [1775
tion declaratory of the sense of Parliament upon the
subject of Taxation, which Resolution was moved in
the Committee on Monday last, and carried by a ma-
jority of 274 to 88.
As these two Measures are as yet in the first stages
only of Consideration, and as the Bill may possibly
admit, in its farther progress, of some alteration, I
shall only say upon them, that I flatter myself that
the firm determination of Parliament to preserve the
Colonies in a due depen dance upon this Kingdom,
tempered with the Justice and moderation expressed
in the last Eesolution of the Committee, will have the
effect to produce such a conduct on the part of the
Colonies as shall lead to a Restoration of the Public
Tranquility. I am &c^
Dartmouth.
sufficient to convince us how necessary this power is for the protection of the lives
and fortunes of Your Majesty's subjects.
" We ever have been, and always shall be, ready to pay attention and regard to
any real grievances of any of Your Majesty's subjects, which shall, in a dutiful and
constitutional manner, be laid before us; and, whenever any of the colonies shall
make a proper application to us, we shall be ready to afford them every just and
reasonable indulgence: At the same time, we consider it as our indispensable duty
humbly to beseech Your Majesty, that you will take the most effectual measures
to enforce due obedience to the laws and authority of the supreme legislature ; and
we beg leave, in the most solemn manner, to assure Your Majesty, that it is our
fixed resolution, at the hazard of our lives and properties, to stand by Y''our Ma-
jesty against all rebellious attempts in the maintenance of the just rights of Your
Majesty and the two Houses of Parliament."
To which the King rephed : "I thank you for this very dutiful and loyal address,
and for the affectionate and solemn assurances you give me of your support in
maintaining the just rights of my crown, and of the two Houses of Parliament;
and you may depend on my taking the most speedy and effectual measures for in-
forcing due obedience to the laws, and the authority of the supreme legislature.
Whenever any of my colonies shall make a proper and dutiful application, I shall
be ready to conclude with you, in affording them every just and reasonable indul-
gence; and it is my ardent wish, that this disposition may have a happy effect on
the temper and conduct of my subjects in America,."— Dodsley's Annual Ktf/ister,
for 1775, 347-8.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 555
Circular Letter from the Earl of Dartmouth to the
Governors in America, enclosing a resolution
adopted by Parliament and approved by the King.
[From P. R. O. America and West Indies, Vol. 279.1
Whitehall March 3'! 1775
Circular (Private.)
To Gov"".^ of New Hampshire Massachusets Bay
New York. New Jersey. Virginia N° Caro-
lina South Carohna Nova Scotia Georgia
Dep^ Govf of Maryland Pennsylvania.
My separate dispatch of this day's date, inclosing a
Resolution of the House of Commons may be ostensi-
bly of use in case the General Assembly should think
fit to take up the Consideration of that Resolution, but
it is fit I should observe to you that it is not His Ma-
jesty's hitention, for very obvious reasons, that you
should officially communicate it to them. At the same
time as I think it cannot fail to be an object of Dis-
cussion in the Assembly, I must add that the King
considers that the good effect of it wiU, in a great
measure, depend upon your Ability and Address in a
proper Explanation of it to those whose Situation and
Connections may enable them to give Facility to the
Measures it points to; and His Majesty has no doubt
that you will exert every endeavour to induce such a
Compliance, on the part of the Assembly, as may cor-
respond with His Majesty's Ideas of their Justice, and
His earnest Wishes to see a happy Restoration of the
public Tranquility.
I am See''
Dartmouth.
556 ADMINISTRATION OF GOVERNOU FRANKLIN. [L775
[From P. R. O. Journals of the House of Commons, Vol. 35, p. 161*.]
Sir Charles Whitworth, according to Order, American
reported from the Committee of the whole colonies.
House, to whom it was referred to consider further of
the several Papers which were presented to the House,
by the Lord North, upon the 19th and 31st Days of
January last, and the 1st and 15th Days of this In-
stant February, by His Majesty's Command, the Reso-
lution which the (Committee had directed him to re-
port to the House; which he read in his Place; and
afterwards delivered in at the Clerk's Table; Where
the same was read, and is as followeth; viz.
Resolved, That it is the Opinion of this Committee,
That when the Governor, Council, and Assembly, or
General Court, of any of His Majesty's Provinces or
Colonies in America, shall propose to make Provision,
according to the Condition, Circumstances, and Situ-
ation, of such Province or Colony, for contributing
their Proportion to the Common Defence (such Pro-
portion to be raised under the Authority of the Gen-
eral Court, or General Assembly, of such Province or
Colony, and disposable by Parliament) and shall en-
gage to make Provision also for the Support of the
Civil Government, and the Administration of Justice,
in such Province or Colony, it will be proper, if such
Proposal shall be approved by His Majesty and the
Two Houses of Parliament, and for so long as such
Provision shall be made accordingly, to forbear, in re-
spect of such Province or Colony, to levy any Duty,
Tax, or Assessment, or to impose any farther Duty,
Tax, or Assessment, except only such Duties as it
may be expedient to continue to levy or to impose for
the Regulation of Commerce; the Nett Produce of the
♦Transcriber's Note.— Enclosure to Circular Letter from The Earl of Dartmouth
to the Gov" of Nova Scotia &c &c. foimd in above-named Printed Volume of the
Joiu-nals of the House of Commons.
\
1775J ADMIKIS'fRATlOK OF GOVERNOR FRANKLIN". 557
Duties last mentioned to be carried to the Account of
such Province or Colony respectively.
The said Resolution being read a Second Time, was,
upon the Question put thereupon, agreed to by the
House.
The other Orders of the Day being read;
Resolved, That this House will, upoa Wednesday
Morning next, resolve itself into a Committee of the
whole House, to consider further of the several Papers
which were presented to the House, by the Lord
North, upon the 19th and 31st Days of January last,
and the 1st, 15th, and '^Ith Days of this Instant Feb-
ruary, by His Majesty's Command.
Letter from the Earl of Dartmouth to Gov. Franklin,
respecting the Acts for lowering the interest of
money to six per cent., the Act for striking £100,-
000 in hills of credit, and the Act for the relief of
Ahner Hatfield; also respectimg the salaries of
Civil Officei^s and building a residence for the
Governor.
[From P. R. O. America ami West Indies, Vol. 195.]
Whitehall S^ March 1775
Governor Franklin.
Sir,
Inclosed I send you by the King's Command an Or-
der of His Majesty in Council the 20^'' of February dis-
allowing an Act passed in the last Session of the As-
sembly of New Jersey for lowering the Interest of
Money to Six ^ Cent, which you will not fail to make
public in the usual Manner.
I also inclose another Order of His Majesty in Coun-
cil of the same day approving an Act of the same Ses-
558 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
sion for Striking One hundred Thousand Pounds in
Bills .of Credit and directing the mode for striking the
same; and an Act for the Rehef of Abner Hatfield an
Insolvent Debtor.
The very great attention which has been shown to
the Wishes of the Province in the allowance of the
Loan Act, is an Evidence of His Majesty's gracious in-
clination to give them every indulgence that can con-
sist with the true Principles of Commerce and the
Constitution, and I beg leave to assure you that no
part of my Duty is more agreeable to me than carry-
ing into Execution these gracious intentions of my
Royal Master,
At the same time I am Commanded by the King to
say to you that it would have been more agreeable to
His Majesty if the Assembly instead of a general ap-
propriation of the Interest of the Loan to the Support
of Government in such manner as shall be directed by
future Acts, had thought fit to make a Settlement
during the Existence of that Loan upon the Civil Offi-
cers of Government of Salaries more suitable to then"
respective Offices than what they now receive, and to
appropriate a specific Portion of the said Interest to
Building Houses for the residence of the Governor
and the Meeting of the Legislature of which you say
there is a shameful want.
Such an appropriation is no more than what they
owe to the Dignity of their own Government and His
Majesty's just expectations; And therefore it is His
Majesty s Pleasure that you do require of the Assem-
bly in His Majestys Name to make such Provision ac-
cordingly, trusting that they will not make such an
111 I'eturn to His Majesty's grace and favor in the Con-
firmation of this Law as not to comply with so just
and reasonable a Requisition.
I am &,c^
Dartmouth
1775] ADMINISTKATIOK OF GOVERNOR FRANKLIN. 559
Letter from the Freehold Committee of Inspection by
Nath. Scudder, Clerk, to the "Respectable Inhab-
itants of the Toivuship of Shreivsbury at their
Annual Town Meeting.^'
[From New Jersey Historical Society Manuscripts.]
Freehold, March Gth, 1775.
Gentlemen,
As the Union of the american Colonies is at this
alarming Crisis so earnestly desired, and assiduously
promoted by every true advocate for Liberty; and as
the Representatives of this Colony have unanimously
approved of, and given their assent to all the Meas-
ures recommended by the late general continental
Congress; This Committee of Inspection earnestly
hope that the same Unanimity may take Place in the
adoption of said Measures through all the Townships
in the County of Monmouth, and as they now take it
for granted, that every objection, which has before
operated against the Election of a Committee of In-
spection in the Township of Shrewsbury, must be ob-
viated, they entreat them by the sacred Ties of Friend-
ship, and the Love of Freedom, and as they would
wish the Promotion of Peace and Harmony, to acceed
to the Plan so universally adopted, and not to fail con-
stituting a Committee at their present annual Town
Meeting.
But surely this Importunity must be at this Time in
a Degree unnecessary; our Brethren in Shrewsbury
must be as ready to embrace, as others to recommend
the Measure. We therefore presume we shall have
the Happiness of their hearty Concurrence with us in
[our] future County Transactions in Behalf of the
grand [1 ing] Cause.
O60 ADMiNISTEA-TlON OF GOVERNOR FRANKLIN. [1775
We present you, gentlemen, our kindest Respects
and best Wishes, and are, with due [respect] your
Friends and fellow Subjects— The Committee of In-
spection For Freehold.
Signed by their Order,
Nath. Scudder, Clerk.
Letter from Governor Franklin to the Earl of Dart-
mouth, transmitting a list of the names of the
members of Council of New Jersey.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Perth Amboy, March 7, 1775
Right Hon'"^ the Earl of Dartmouth, &c &c.
My Lord,
In pursuance of His Majesty's Commands, signified
to me in your Lordships Circular Dispatch of the 2*\
of November, I now transmit a List of the Names of
the Council of this Province, none of whom are ab-
sent.— I shall always as I have hitherto constantly
done, give His Majesty Information of every Change
or Alteration which may be made therein, by Death,
Absence, or otherwise.
I have the Honor to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
and most humble Servant
W*' Franklin
1775] ADMINISTRATION OF OOVERKOR PRANKLTK. 501
A List of the Members of His Majesty's Coun-
cil of New Jersey, March 1775.
1. Peter Kemble, [ ^^
2. David Ogden, \ ^^^
3. William Alexander "^
claiming to be J-
Earl of Stirling, J
4. John Stevens, "]
5. Samuel Smith,
G. James Parker
7. Frederick Smyth,
8. Kichard Stockton,
9. Stephen Skinner
10. Daniel Coxe,
11. John Lawrence,
12. Francis Hopkinson,
Proceedings of the New York and Elizabeth-Town
Committees of Observation, in relation, to the
Violation of the Non-Importatio7i Association, by
Elizabeth -Toimi Parties and Others.
[From the N. Y. Jourual or General Advertiser, Thursday, March 23, 1775, No. 1681.]
Journal of the Proceedings of the General Com-
mittee, of the City of New York.
Committee Chambers, 16th March, 1775.
The Committee met by adjournment this Evening
at the Exchange.
Present Isaac Low, Chairman, [here follow^ names
of Com.]
Mr. Lewis, from the Sub. Committee appointed to
36
562 ADiriifistiiATtoN of goveknoe franklin. [1775
state the case of Messrs. Robert Murray and John Mur-
ray,' respecting their having landed goods from on
board the ship Beulah;' report a letter from the Com-
mittee of Elizabeth Town to this Committee, which
letter is in the words following, viz.
Elizabeth Town, Pri:lay evening, 13 o'clock, March 10th, 1775.
Gentlemen
In consequence of the information received from Capt. Sears^, relative
to the suspicion that some part of the cargo of the ship Beulah, had been
unloaded before she quitted this coast, the Committee of Observation for
this town, met this evening, and made enquiry respecting the affair; and
thereupon have to inform you, that it appears to them that a boat belong-
ing to this town, did last Monday morning saU from New York to Sandy -
Hook; that on Tuesday evening she returned here. Two of the witnesses
examined were the boatmen, and the person who we susjject engaged the
boat, who refused to be sworn, ])ut from their behaviour, and what they
said on examination, and other circumstances, we believe that this was the
boat seen to be hovering about the Beulah, and took Mr. John Murray
out of the ship, and that goods from said ship were landed by the said
boat at Staten Island. We are not able at present to furnish you with any
further particulars: The Committee will make further enquiry into this
matter, and if any thing further ajipears, will give you, immediate infor-
mation ; in the mean time we thought proper to give the above early in-
telligence, to furnish you with a clue in all probability of making more
important discoveries on Staten Island, where we think the goods were
undoubtedly landed, at the East End, or in the Kills.
Signed by order of the Committee,
JONATHAN HAMPTON, Chairman.
To the Committee of Observation of New York.
The said Sub Committee further report another let-
ter to this Committee, from the Committee at Eliza-
beth Town, which is in the words following, viz.
Elizabeth Town, March 11th, 1775.
Gentlemen,
The Committee of Obsei'vation of this town, have this day used their
endeavours to make a further discovery, i-elating to the unloading part of
the cargo of the ship Beulah, but are not able to give you the information
they desu'e. Samuel Lee, a boatman of this town, employed and accom-
' Quaker merchants of New York.
2 The vessel was named after a daughter of Robert Murray.
3 Isaac Sears, of Elizabeth Town.
1775] ADMINISTKATION OF GOVERNOE FRANKLIN". • 563
panied by lehabod B. Barnet, Esq.;- (son in law to Robert Murray) ap-
pear from very strong circumstances, to have been the persons concerned
in that affair, who went from New York on Monday last to the ship.
We have had Lee before us, he appeared greatly perplexed, but cannot
be pei'suaded to give any eleai- information of the matter, he being under
an apprehension that he by that means may be the ruin of some particular
persons in New York. The said Barnet was also before us, but refused to
answer the questions proposed to him ; he only offered to swear (if it would
be any satifaction to us) that no goods from the Beulah were landed at
this town, which, however, we did not accept. And there is reason to
believe that Lee would have given information, had it not been for said
Barnet, who it appears has prevented him from making the desired dis-
covery.
We have only to add that the boat employed on this occasion, is the
property of Isaac Woodruff, Esq. ; who it clearly appears was perfectly
innocent, and knew nothing of the affair.
Signed by order of the Committee,
.JONATHAN HAMPTON, Chairman.
To the Coinmittee of Oiservation of the city of New York.
The said Sub Committee also report, that on the
same evening, and before this Committee had received
any further evidence respecting this matter, Messrs.
Murray s voluntarily produced to this Committee at
their meeting on the 13th March instant, a letter in
the words following.
To the General Committee for the City and County of New- York.
Gentlemen,
Having been disapj^ointed in our design of reshipping the cargo of the
ship Beulah (lately arrived from London) in another bottom, by which we
were great sufferers, and though we then conceived, that sucli our design,
if executed would have been a compliance with the resolution of the Con-
gress: We acknowledge, that to alleviate in some measure, the great loss
we sustained, we have been induced to land a small part of her cargo ;
and notwithstanding we are persuaded that it would be exceedingly diffi-
cult, if not impossible to obtain full and sufficient evidence of the fact ;
and that the goods are secured in a place of safety, where they cannot be
discovered; yet, upon mature reflection, and with a view to satisfy the
public, and this committee, as well as to prevent the trouble of any fur,
ther enquiries upon this subject; we are led to make tliis declaration, and
to acknowledge, that we are sorry for the imprudent step we have taken,
and that we condemn the same as an unjustifiable measure; and as a fur-
' Sheriff of the County of Essex at the time.
564 ADMINISTRATION OF GOVERNOR FRANK:LIN. [177o
ther proof of our willingness to eonfoi-m to the resolution of the Congress,
as far as is now in our power, we do hereby engage to re-ship all the said
goods, according to the tenor of the association, and to give the Commit-
tee full and satisfactory proof thereof within seven days from this time,
Dated 18th March 1775.
ROBERT MURRAY,
JOHN MURRAY.
And that they did then offer to make a full and am-
ple confession of every fact relative to the unloading
goods from the Beulah, and to deliver to the Commit-
tee, at their next meeting, a full state of the case,
under their oath and affirmation.
The said Sub Committee further report, that Messrs.
J. and R. Murray did accordingly dehver a state of
that transaction, which is in the words following, viz.
Inventory of Goods taken out of the Ship Beulah, at Sajjdy Hook.
84 bolts of Russia duck — 20 pieces of raven ditto. — 240 packs of pins. —
5 bales of pepper, 2 of which are in hhd. — 65 bolts Oznaburgs. — 10 pieces
olue strouds — 14 pieces Irish linen, — G pieces white Hessen. — 11 pieces
Irish sheeting — 1 paper bundle directed to Henry Van Fleck. — 1 bundle
straw, supposed a case maker's cusear. — 1 small box of books, papers &c
— Wrapper for the strouds, — With wrappers for said goods.
City of New York, ss. — John Murray, of the city of New York,
merchant, being duly sworn, saith that the above is a full, just and true
inventory of all the goods which were lately taken out of the sliip Beulah,
at Sandy-Hook, by the deponent, and were by him landed at Elizabeth-
Town, in New Jersey. That the Deponent did, yesterday, voluntarily
make an acknowledgment to the' committee of Elizabeth-Town, aforesaid,
that he had so taken and landed the said goods; and did this day deliver
the wliole of the said goods, to the said committee, who took the same in-
to their custody and possession; where he believes the same now are.
That the boat in which the said goods were taken out of the said ship, be-
longed to Isaac Woodruff, which the deponent hired, for the purpose, of
Samuel Lee, who was master of the said boat. That Mr. Woodruff did
not know (as this deponent believes) for what purpose the said boat was
hired, nor did the deponent inform the said Mr. Lee, on what business he
wanted the said boat ; nor did he appear to know, at the time the boat
was hired, that he was employed on any business contrary to the associ-
ation. That the agreement with the said Lee. was only to go with the
boat where he was directed, and to do what he was bid. That Mr. Tcha-
bod Barnet, of Elizabeth Town, and Samuel Reade, of this city, went
with the said Samuel Lee, in the said boat, down to the said ship, at the
1775] ADMINISTRATION OF GOVERKOR FRANKLIN. 565
time aforesaid. That Mr. Barnet was acquainted with the design of the
boat's going down to the said ship, but the deponent does not know that
Mr. Read was previously acquainted with such design, tho' at the vessel
he assisted in taking the said goods out, by the direction of this deponent,
in whose store he is as an assistant. That John Graham, clerk to this de-
ponent, and his partner, was on board the ship with the deponent, at the
time when the goods were taken out, but he did not see the Goods taken
out being (as this deponent believes) asleep at that time in the cabin ; and
that his business on board was to copy invoices and letters; neither does
this deponent know or believe, that the said Graham ever heard an y con-
versation between this deponent and any other person, respecting the
taking out the said goods. That when the goods were on board the boat,
the deponent and all the other persons above mentioned, proceeded with lier
for Elizabeth-Town, but stopped at Staten Island, where they all went on
shore, and Graham and Readc took passage from thence in the Staten-
Island ferry boat for New-York : and the deponent, with Loe and Mr.
Barnet proceeded from Staten Island to Elizabeth Town in the said boat,
where all the said goods were landed by them, and put into Mr. Ichabod
Barnet's store; that the said Ichabod Barnet had no Interest in the said
goods, but what he did in the said business, was merely at the re-
quest of this deponent, and his said partner; and the deponent be-
lieves with an intention entirely to oblige them— That while the ship
lay at the watering place, the Captain and this deponent, took in-
to Kipp's small sailing boat, sundry small articles, the principal of
which, the deponent believes, were presents, but does not know the par-
ticulars. That the deponent at the same time took into the said little
boat, 3 small cheeses, about 200 lemons and oranges, and a dozen and 9
bottles beer, and about 2 bushels of potatoes for the use of the deponent
and his brother: All which were brought up in the said boat, by this
deponent and Capt. Bussell ; and the cheeses, and the other aftermen-
tioned articles, except the beer, were presents from the Captain. That in
the whole of this transaction, so far as respects the delivery of the goods
from on board the ship at the Hook. Capt. Bussell acted by the order and
direction of this deponent and his partner, having no interest in the goods
so delivered. And this deponent further saith, that he neither knows nor
believes that any goods were taken out of the said ship after her arrival
here, nor since her sailing from Sandy Hook, except the baggage belong-
ing to some passengers, and except the goods herein before enumerated
and mentioned; nor that any other persons than those above mentioned,
had any agency or concern in taking out or landing the said goods, except
the ship's crew, and except also one Marsh, who, at Elizabeth Town, acci-
dentally passing by, was employed to assist in landing the same ; but the
deponent believes he did not know where the goods came from. And fur-
tlier saith not.
JOHN MURRAY
Sworn the 15th day of March, 1775, before me,
Andrew Gautiek.
560 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1775
City of New York, ss.— Robert Murray of the said city, being duly
affirmed according to law, doth declare and affirm, that so far forth as he
is acquainted with the facts contained in the foregoing deposition, the
same are true ; and that he neither knows nor believes, that any more or
other goods or things were taken out of the said ship Beulah, since her
arrival here, than what are specified in the foregoing deposition ; and that
he believes no other person to have been concerned in the said business
except those mentioned in this deposition.
ROBERT MURRAY
AfiBrmed the 15th March, 1775, before me
Andrew Gautier.
The said sub committee further report, that the said
Messrs. Robert Murray, and John Murray, did write a
letter to this committee, accompanying the said state
of the case; which letter is in the words following:
I'd the general Committee for the city and county of New Yorlc.
Gentlemen,
The annexed depositions contain as full and candid an account of the
transaction relative to the landing the goods from the ship Beulah, as we
are able to give ; in the doing of which, we have studied to give the com-
mittee, and our fellow citizens, the utmost Satisfaction we are capable of.
John Murray being obliged to go to Elizabeth-Town, to take an inven-
tory of the goods, found the committee then sitting, and conceived it to
be his duty, as the goods were within their jurisdiction, to give them no-
tice thereof, and to make a full acknowledgment to them; upon doing
which, they took, with his consent, possession of the goods as mentioned
in the affidavit.
We still declare our readiness to reship the said goods as nearly as is
now in our power, agreeable to the tenor of the association, or to do other-
wise with them, as the committee of Elizabeth Town shall think proper to
intimate or direct; and that we are also ready to give this committee any
further satisfaction respecting the said goods, that they may recommend.
Being desirous further to testify the sense we have of the imprudent meas-
ure we have taken, as well as our concern for the trouble and uneasiness
it has given our fellow citizens, we would wish to make such further satis-
faction to the public, as might be most agreeable to them ; and therefore
do hereby cheerfully engage to give the sum of two hundred pounds to-
wards repairing the Hospitel in this city, lately destroyed by fii-e.
We are, gentlemen very respectfully your assured friends
ROBERT MURRAY,
New York, 15th March, 1775. JOHN MURRAY.
1775] ADMINISTllATIOK OF GOVERNOR FRANKLIN. 5G7
The said sub-committee further report another let-
ter from the committee of EHzabeth-Town, enclosing
an affidavit of Samuel Lee; which letter and affidavit
are in the words following, viz.
Elizabkth Town, March 14, 1775.
Sir,
Inclosed I send you the affidavit of Samuel Lee, boatman, relative to
the unloading part of the cargo of the ship Beulah, which needs no com-
ment.
I am, however, particularly desired by our committee earnestly to re-
quest of your committee to protect Mr. Lee, as far as lies in their power,
from any insult on account of this affair. He is a person well known
here to be of good character, and who by his honesty and industry, has
justly acquired the esteem of all the inhabitants of this town. And it is
the opinion of our committee, he was unwarily led to act the part he did,
as will in part appear by his affidavit. I will only add, that we should be
glad that wherever the affidavit shall be read, this letter may be read also.
By order of the committee
JONATHAN HAMPTON, Chairman.
New Jersey, Borough of Elizabeth ss — Samuel Lee of Elizabeth-
Town, boatman, being duly sworn on the holy Evangelist of Almighty
God, deposeth and saith, that on Sunday the 5tli inst. he (at the request
of Ichabod B. Barnet, Eq:) sailed from Elizabeth-Town aforesaid to New
York, in the boat or sloop he usually goes in, the said Barnet going as a
hand with him ; that he arrived there the same evening ; that while they
were on their passage, said Barnet informed this deponent, that he must
make haste to unload his Boat as soon as he should arrive at New- York,
for that a vessel was arrived at the Hook from the West Indies, and that
he wanted this deponent to go with him with his boat, and take some
goods out of her; — that said boat was unloaded at New York on Monday
morning, and immediately thereafter this deponent, and the said Barnet
sail'd with the said boat tor Sandy Hook; that at the dusk of the evening
of the same day, they came alongside of a ship, which this deponent be-
lieves was the Beulah, and about 8 o'clock he was told that he might go
to bed, which he accordingly did, and went to sleep, about 12 was
awakened, and desired to put off from said ship, and make sail, which ac-
cordingly was done ; that he saw the said Barnet, with Mr. John Murray,
and one Graham, his clerk, were then on board his boat; that on Tuesday
morning they touch'd on Staten-Island, where Mr. Graham landed, but no
goods were landed there; that on Wednesday morning about 1 o'clock
they came alongside the store of said Barnet, at Elizabeth-Town, where
they the said John Murray, Ichabod B. Barnet, and this deponent, landed
and stor'd in the said Barnet's store, as near as he can remember, the fol-
lowing goods, to wit, a small bale, a box about tliree feet long, one do.
508 AU MINISTRATION OF GOVERNOR FRANKLIN. [1775
about a foot square, the contents of which are unknown to this deponent ;
also a quantity of sail duck, a number of bolts of oznaburgs about half a
dozen pieces of linen, and some pieces of linen cloth, which this deponent
supposed to be drilling; which goods in the whole, this deponent thinks
were in quantity about one ton and an half, or not exceeding two tons —
And this deponent saith, that said goods must have been taken out of said
ship, and put on board said boat, while he was below as aforesaid as there
were no goods on board his boat when he left New York to go to said
ship ; and further the deponent saith, that he did not sleep so sound but
that he heard the noise of people woj'king upon the deck and that when he
was called up as aforesaid, and had come upon deck, he perceived the
hatches of his boat open, and the said goods then lying in the hatchway. —
And further the deponent saith not.
SAMUEL LEE.
Sworn at Elizabeth-Town this 13th day of March 1775, before me,
John Blancharu, Alderman.
Which report being read, Resolved, That this Com-
mittee do approve thereof: And ordered, that the
same he pubhshed agreeable to the directions of the
11th article of the Association.
By order of the Committee
Isaac Low, Chairman
Further Proceedings of the Elizabeth-Town Commit-
tee of Observation^ in relation to the lauding of
goods from the Beulah.
[From the New York Journal, or the General Advertiser, Thursday, April 6, 1775,
No. ltJ83.J
Elizabeth Town, March 27, 1775.
It being duly proved to the Committee of Observa-
tion of this Town, after enquiring into the conduct of
Ichabod B. Barnet, and John Murray, respecting the
landing of goods imported from London after the first
day of February last: — That a ship called the Beulah,
arrived from London at the Watering place at Staten
Island, in the Colony of New York, after the said first
day of February, where she lay some time under pre-
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 569
tence of fitting for the seas — That on Sunday the 5th
instant, she fell down to Sandy hook, where she came
to anchor, and on Monday evening following, the said
Ichabod B. Barnet, with a boat by him provided for
that purpose, went on board the said ship, where John
Murray then was, out of which ship, the said Ichabod
B. Barnet and John Murray, the same night, took and
received into the said boat, a quantity of goods, im-
ported in the said ship from London, of considerable
value; and in the night following, privately landed
them in Elizabeth Town, which transaction is con-
trary to part of the tenth article of the Continental
Association, which is in the words following, to wit,
"If any goods or merchandizes, shall be imported af-
ter the first day of February, the same ought to be
forthwith sent back, without breaking the packages
thereof. "
The Committee, therefore order the above conduct
of the said John Murray and Ichabod B. Barnet to be
published, according to the eleventh article of the said
Association.'
Signed by order of the Committee
Jonathan Hampton, Chairman
1 The Elizabeth-Town Committee subsequently declared Capt. Lee to be "a per-
son well known here to be of good character, and who by his honesty and industry
has justly acquired the esteem of all the inhabitants of this town." The Provin-
cial Congress of New Jersey condoned the offence of the Murrays and Barnett.
The goods were delivered to the Elizabeth-Town Committee, to be kept until after
the war. A year or two later several bales of the oznaburghs were used for tents
for the troops. " What became of the rest of the goods does not appear. The af-
fair created at the time no little excitement, and the vigilance of the Committee
had a most happy influence in promoting the patriot cause. "—iJa^^eid's Elizabeth-
Town, 414-16.
570 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Letter from Gov. Franklin to the Earl of Dartmouth,
transmitting secret intelligence.
[From P. R. O. America and West Indies, Vol. 177(195).]
Perth Amboy April B*^ 1775.
Right Hon^''' the Earl of Dartmouth, &c
My Lord,
I am honoured with your Lordship's Dispatches N°.
13 & l-i, also two Circular Letters dated the 10"' of
December and V--^ of January last.
It gives me great Pleasure to find that my Attention
in transmitting the Papers which accompanied my
Dispatch of the e'.** of September is approved by His
Majesty.
I cannot but consider it as my indispensible Duty,
while the Affairs of N. America continue in so critical
a Situation, to transmit every important Piece of In-
telligence respecting the publick Transactions of any
of the Colonies as may come to my Knowledge. But
as the Persons from whom I may procure Intelligence
will, most probably, be entirely ignorant of my Inten-
tions of communicating it to His Majesty or his Minis
ters, and as it is best they should be so, lest they
might be deterred from giving me Information, it is
of the utmost Consequence that it should be kept as
secret as possible. • I shall therefore, with Confidence,
rely on the Assurances your Lordship has given me,
that what I may transmit of that Nature will be kept
most secret, and communicated only to the King's
confidential Servants.
The inclosed Extracts of Letters are of the kind
before mentioned, and will serve to give your Lord-
ship a more perfect Idea of some of the public Trans-
actions in this, and one of the iieighboring Colonies,
1775] ADMIJSriSTKATIOIsr OF GOVERNOR FRANKLIN. 571
than perhaps, any other you may receive. As they
vs^ere not wrote with the least Intention of any such
Communication, but merely as private IntelUgence
from one Friend to another, your Lordship will con-
sider them in that Light, and make Allowance for any
Inaccuracies or Improprieties.
I find, by your Lordship's Dispatch (N*^ 14) that
Lieu- Gov- Golden had likewise transmitted to your
Lordship a Gopy of M'^ Galloway's Plan of a proposed
Union between Great Britain and the Colonies, Since
which he has published a pamphlet containing his
Plan, with Keasons in Support of it, which I now send
inclosed. The principal Objection made to it, by those
who are for an American Parliament, is its not having
a Council, or middle Branch of the Legislature. As
M- Galloway has distinguished himself in opposing
many of the Measures of the Congress, and is a warm
Friend to Government and the British Constitution, I
thought his Sentiments on the Subject might not be
unacceptable to your Lordship.
I am concerned to find that the Letter I wrote to
your Lordship from New York, dated Oct^ 20*^ enclos^
ing the printed Extracts from the Proceedings of the
general Congress had not been received. It was sent
by one Capt. Millar, and I was in hopes would have
been the first that got to hand.
The Assembly had resolved upon appointing Mem-
bers for the intended general Congress in May next,
and were prorogued, several Weeks before your Lord-
ship's Circular Dispatch of the 4'" of January arrived.
But had it been otherwise there would have been no
possibility of preventing Delegates being apj^ointed
from this Colony, as the popular Leaders were deter-
mined, in case the Assembly had not done it, to have
called a provincial Convention of Deputies from the
several Counties, for that Purpose.
I think it proper on this Occasion to mention to your
572 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Lordship, that the Circular Letters sent to the several
Governors in America, are generally published in the
Rhode-Island or Providence New^spapers, and most
commonly with some indecent Remarks and Misrepre-
sentation, which are circulated from thence thro' al-
most all the Newspapers on the Continent. — The Gov-
ernor there, being elective, by the People, it is sup-
posed dares not (if he is so inclined) to refuse a Com-
munication of every Dispatch he receives.
The Clerk of the Council is making Copies of the
transactions of the last Session of General Assembly,
which will be transmitted by the first Opportunity.
I have the honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordships most obedient
&, most humble Servant
W? Franklin
(Addressed) On His Majesty's Service The Right
Ron"}^ The Earl of Dartmouth Whitehall •
Secret Intelligence.
Extract of a Letter from Jof Galloway Esq'", of
Philadelphia to Governor Franklin — dated
Feb"".^ 28. 1775
— "When I consider the Spirit & Firmness with
which you have endeavoured to discharge your Duty
to your Sovereign, & to serve the People over whom
you preside, and their weak, evasive, ill- wrote, no-
meaning Answer, I find it difficult to determine whether
I feel greater Satisfaction & Pleasure at the one or
Contempt for the other Poor weak sighted Men, who
are floating with the Tide of Licentiousness & Sedi-
tion, which they expect will run for ever, when a lit-
tle common Sense wou'd tell them that it must soon
I7t5] AD:\ril^ISTRATlON OF GOVERNOR I'RANKLIN. 573
change, and that with it they must change their Lan-
guage & embrace your friendly Advice.
I am happy in telhng you, that the people of this
Province (Pennsylvania) are altering their Sentiments
&, Conduct w^ith amazing rapidity. We have been
successful in baffling all the Attempts of the violent
Party to prevail on the People to prepare for War
against the Mother Country. The Quakers, the high
& low Dutch, the Baptists, Menonists, Dumplers' Slc""-
are promoting Moderate Measures; in so much that I
hope, with some Trouble, all Violence will soon cease,
& peace & Order take place of Licentiousness & Sedi-
tion. The Tories, (as they are called) make it a point
to visit the Coffee House dayly & maintain their
Ground — while the violent Independents are less bold
&, insolent, as their Adherents are greatly diminished.
— On Thursday & Friday last, determined to abide the
Consequences what ever they might be either in re-
spect to my Person or Estate, I spoke my Sentiments
in Assembly without the least reserve. I censured &
condemned the Measures of the Congress in every
Thing — aver'd that they all tended to incite America
to Sedition & terminated in Independence — contended
for, & proved the Necessity of Parliamentary Jurisdic-
tion over the Colonies in all Cases whatsoever — exposed
the Folly of those who hoped, that the British State
would suffer its Authority to be in the least impaired,
much less totally given up — explained the rights of
America; & pointed out the Necessity of our taking-
different Measures from those already taken for a re-
covery of them, I stood single & unsupported, among
' A sect of Baptists who came from Germany to Philadelphia in the fall of 1719,
and settled in Pennsylvania. " They are called Tunkers [i. e., DippersJ in derision.
* * They are also called Tumblers, from the manner in which they perform baja-
tism, which is by putting the head forward under water, while kneeling, so as to
resemble the motion of the body in the act of tmahMn^.'' — Benedict' s Hist, of the
Baptists, Boston, 1813, II., 430. By the permutation of consonants, the words
Tunkers and Tumblers as often changed to Bunkers and Dumplers. — [W. N.]
674 ADMIlSrtSTRATlON OF C40VEEN0R FEaJSTKLIN. [1775
a Set of Men every one of whom had approved of the
Measures 1 was censurmg, reprobatmg their own Con-
duct to them — & endeavouring by cool & dispassion-
ate reason & Argument to convince them of their
Errors. The Opposition as I expected was violent &
indecent. I kept my Temper unruffled & firm which
gave me no small Advantage. My Opponents were,
The Governor's father-in-Law' (our late chief Justice)
the Pennsylvania Farmer," Ch? Thompson, Tho? Mifflin
& Greo: Ross. The Motion was to petition the King
agreeably to the Governor's Advice in his Message,
for which we are more indebted to you &, Gov^ Golden
than to him. The Success my Arguments met with,
greatly exceeded my most sanguine Expectations.
Fourteen Members came over to me; but there being 38
in the House, & finding I should lose the Vote withorrt
four more Converts — I was obliged to alter my Plan,
& to move to postpone the Debate until next Wednes-
day week hoping that Procrastination & News by the
next Pacquet might assist me — My Design being sus-
pected a Warm Opposition succeeded — however we car-
ried the Question, 19 for it, 18 against it. But after all
the Issue yet remains uncertain I rather think as the
independent Party will exert every Nerve, & at last die
hard, it will take more Time to defeat them. And
that I shall not be able at this Time to carry such a
Petition as I wish to send, as none should go, but one
which may render it consistent with the Dignity of
Government to receive. Should that prove the Case I
hope to prevail on the House to adjourn to the Middle
of April when I shall have no Doubt of Success.
I think' I have mentioned to you a Design of pub-
lishing my Sentiments on the Dispute between G.
1 John Penn, eldest son of Richard Penn (son of WilUam Penn), married Annie,
daughter of Chief Justice William Allen, of Pennsylvania. He was Lieutenant-
Governor of Pennsylvania, 1703-76.— Z-«yes of the Governors of Pennsylvania, by
Wm. C. Armor, Philadelphia, 1873, 188-9.
'■^ John Dickinson.
1775] ADMINISf RATION OF GOVERNOR FRANKLIN. 575
Britain & the Colonies; I now send the Pamphlet,' of
which I beg your Acceptance, and, at your Leisure,
your Candid Sentiments on it — I wish'd for them be-
fore it went to the Press, but that was impossible.
There are many Errata in it, occasioned by the Hurry
of its Publication."
Extract from the Answer dated N. Jersey Perth
Amboy Mar. 12, 1775.
— "I am sorry the Assembly here did not take my
Advice & avoid giving any express Approbation of the
Measures of the Congress. But they were hurried
precipitately into it, early in the session, by Kinsey,
who was weak enough to suffer himself to be made a
Tool of by W™ Livingston, J. Dehart & Elias Boudinot
who came down on purpose from Eliz'.'' Town & ca-
balled among the Members. They persuaded them
that, if they approved of the Proceedings immediately,
it would be a Means of influencing the N. York As-
sembly, then sitting, to do the like; for that they
would not choose to stand single; And, besides, it
would be better to do it at once, for otherwise the
GovF if he should get intelligence that they intended
it, or had it under Consideration, would prevent them
by a Dissolution. Accordingly the very Morning the
Proceedings of the Congress were read, Kinsey pro-
duced resolves ready wrote for the House to enter into
on the Occasion — Seven of the Members at first ob-
jected to coming to any Resolution that Morning, &
moved to have the Matter referred to further Consid-
eration, but they were over ruled by the previously
prepared Majority, & were told that the proceedings
having been long published & in every Body's Hands,
' "A candid Examination of the Mutual Claims of Great Britain and the Colonies;
with a plan of Accommodation, on Constitutional principles," New York, 8", p. 02,
076 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
they must be as well able to judge of them then as at
any future Time. After some further Struggles of
the Minority to get the Affair postponed to the After-
noon, or at least referred to a Committee of the whole
House, that Morning (that they might have the Assist-
ance of the Speaker on the Floor) they were induced to
give up their Opposition, & were weak enough to suffer
the Vote to be entered as Nem : Con: in Order to keep
up the Appearance of Unanimity; a Matter which you
know the Members of the Congress & their Abettors
profess to have greatly at Heart. However before the
House rose, several of the Members seem'd dissatisfied
at their precipitation, especially as some Petitions were
presented to the House, requesting that they would
follow the Governor's Advice in his Speech at the
Opening of the Session — When they agreed to send a
Petition to the King, Kinsey was desired to draw the
Draft of one, which he did, but it not proving satisfac-
tory, the Speaker was desired to undertake it. The
one he drew, was as little liked, for he left out half
their Grievances. On this Kinsey was requested to
make another Attempt, & after drawing it as con-
formable to their Inclinations as he could, & just as it
was about to pass, Stephen Crane produced a Draft
fabricated by his Brother Delegates Livingston &
Dehart & the Junto at Eliz*:'' Town, whereupon Kin-
sey's was objected by a Majority & the other adopted
by all the Members, except Kinsey & Hevvlings, and
after being engrossed was ordered to be signed by the
Speaker, which he did after signifying his Disappro-
bation of it, & having that Disapprobation entered on
the Minutes.' This Petition is little else, I am told,
than an Echo of that sent by the Congress & contains
the same List of pretended Grievances, in the very
same Words. In Kinsey's Draft, I am well informed,
' It is published iu Minutes of the Provincial Congress, etc., 1775-6, 88-92.
I
1775] ADMINISTRATION" OF GOVERNOR FRANKLIN". 577
there was a Clause intimating the Concern it gave
them that there should be such unhappy Differences
subsisting between the two Countries, & requesting
his Majesty would direct his several Grovernors to con-
sent to Acts authorising the several Assemblies to
choose Delegates to meet in Congress (either in Eng-
land or America) with such other Persons as his Maj-
esty should please to appoint in Order to form some
Plan for accommodating Matters on a permanent &
Constitutional Foundation: or if this Mode shou'd
not be approved of by his Majesty, that he would be
pleased to direct such other as he should think most
likely to answer this desirable Purpose: but those who
influenced the Majority of the House were warm in
opposing the Insertion of any Clause of that Import,
& it was accordingly rejected. This is so similar to
the Treatment your Plan of Union met with in the
Continental Congress, that I am fully convinced it is
the Determination of the principal Demagogues of
Faction to oppose every Thing which may have even
the remotest Tendency to conciliate Matters in an
amicable Way, & to omit nothing which may have
any Chance of widening the Breach. There is, indeed,
no other Way of accounting for their very extraor-
dinary Conduct.
It affords me particular Pleasure to find that so re-
spectable a Part of the People of your Province are
changing their Sentiments, to which I am sure, you
must have in a great Measure contributed. The truly
commendable Spirit you show'd in declaring in Assem-
bly your Sentiments so fully against the Proceedings
of the Congress, will, I doubt not, be attended with
some beneficial Effects to the Public, tho' it will cause
you no smaU Trouble from the resentment of the
Whigs, as they call themselves. I observe they have
already began an Attack on your pamphlet, in Brad-
ford's Last paper; And I doubt not but that they will
37
578 ADMINISTRATION" OF GOVERNOK FRANKLIN. [1775
do all ill their power to make yoxi an Object of popular
resentment. I can assure you, however, that your
pamphlet is much admired by all whom I have heard
speak of it, they allow you have gone deeper into the
Subject & more clearly explained the Nature and Ne-
cessity of the Supreme Power of Parhament over all
the Dominions, than any other Writer which has yet
appeared in the Controversy. It will probably be pro-
ductive of a more rational Train of thinking than
what has been hitherto the Case on this important
Subject.
Your Plan of Union you know I before objected to,
as being deficient in not having a Middle Branch or
Upper House, without which, I am sure many Incon-
veniences would result both to the Regal and popular
Part of the Legislature. This Branch might consist
of some of the Council & principal Gentlemen of For-
tune in each Colony, & they might hold their Seats
either during Life or good Behaviour. Besides the
Viceroy, or president general, should be assisted with
a Privy Council, which might consist of all the Gover-
nors of Colonies who hold their Commissions immedi-
ately under the Crown, or who have the King's Ap-
probation to their Appointment, and such others as
his Majesty may think proper to join with them.
The more, however, I have thought on this Subject
the more I am convinced that the most eligible
Scheme, for the true and lasting Interest of the whole
Empire will be the sending Members to the Britisli
Parliament. I know this is likewise your Opinion,
and that nothing but the many Objections made to it
by people on both sides of the Water, prevent your
publickly avowing it. There will be some Inconven-
iencies attending every Plan which can be formed, but
I think upon the whole there will be less attending
this, and that it will be productive of more general
Benefit to the publick than any other; more especially
1775] ADMIN"ISTRATION OF GOVERNOR FRANKLIN. 579
if G. Britain would, at the same Time it allowed
America to send Eepresentatives to Parliament, allow
Ireland to do the same, & also establish a more equal
representation for itself than at present subsists in
that Kingdom.
I am anxious to hear the Circumstances and Event
of the resumed Debate in your Assembly relative to
petitioning the King. — Do write to me soon" —
Extract from Mr G's Reply— dated Mar. 26,
1775. at Trevose (M?" G's) Country Seat
Bucks County in Pennsylvania) —
— " Your obliging Favor of the 12*?* Instant did not
come to Hand before Yesterday, having taken the
Rout from Burlington to Philadelphia, thence to Bris-
tol, before it reached Trevose. I am greatly ol)liged
by the free & liberal Communications it contains.
The Confidence you have reposed in me, as well as my
Attachment to Government and Order, will induce
me to keep them secret. I have seen a variety of Se-
cret Intelligence from good Authority while in the
City to convince me that his Majesty is determined to
bring the Point in Dispute between the tv/o Countries,
to a final Decision. God forbid he should drop a reso-
lution so absolutely necessary to the Interest & Happi-
ness of both. For it is now rendered most evident,
should the American Independents, intimidate the
British Legislature into a repeal of the Acts; America
is immediately lost to the British State— no longer a
Member of it, & dreadfull must be the Circumstance
of every Servant of the Crown, from the highest to
the lowest who shall attempt to execute its Authority.
I did intend to have communicated to you the Event
of the Debates in our Assembly before this Time; But
I have been a good deal indisposed, & besides engaged
580 ADMINISTRATION OF GOVEENOR FRANKLIN. [1775
in writing a reply to the Scurrilous Answer to "J. Can-
did Examination " &c. — I have just finished it, and I
wish it could undergo your revisal before it goes to
the Press, but that is impossible — And for that reason
I have taken the more Pains with it. I am pleased
with the Attack because it has given me an Opportu-
nity of Supporting the Principles of the Pamphlet by
some new Arguments, & of exposing the Ignorance &
independant Notions of the Pennsylvania Farmer &
his Colleague M"^ Thompson — M- Rivington will send
you one as soon as it is published. —
As I seldom keep Copies of my Letters, I know not
particularly how far I communicated the Proceedings
in our Assembly. I will therefore briefly give you an
Account of the whole. The Gov^ finding from your
Conduct, & that of GovF Colden's, that he had been
guilty of a Breach of his Duty to the Crown in not
communicating to the former Assembly his Majesty's
gracious Desires of accommodating the Dispute upon
reasonable Grounds (which it seems lie had received
an Intimation of from Lord Dartmouth so long ago as
the September Packet) called his Council; & proposed
sending a Message on the Occasion to the Assembly.
This was warmly opposed in Council, & they became
equally divided. M^ Hamilton being called, he carried
it for the Message; & such as you find it was sent
down. But Measures were so concerted as to take off
from its Effects with many of the Members — W"' Al-
len the Father in Law to the GovF, declaring among
the Members, that the Message "'meant no more than
to save Appearances.^'' And, indeed, it appeared to
me from a Variety of Occurrences while in the City,
that it was not the Desire either of the Governor or
any of his Council, Hamilton & Logan excepted, that
the Assembly shou'd petition the King, or in any re-
spect or Degree whatever act out of the Line laid
down by the Congress, And it is most clear to me
1775] ADMIKISTEATION OF GOVERNOR FRANKLIN. 581
that Government here is determined not to co-operate
v^ith the Measures of the Crown on this great Occa-
sion, or only to do it in appearance; or why did every
Magistrate in the House, M'" Morton the Judge of the
Supreme (^*ourt not excepted, who held their Commis-
sions during Pleasure, and upon all Occasions have
uniformly voted agreeably to the Sentiments of our
Proprietary Government, on this as strenuously op-
pose & vote against the Petition to his Majesty. We
all know they dare not have acted this Part if it was
not correspondent with the Sentiments of this Gov-
ernment. And why is it that there are near thirty
Justices of the Common Pleas & Quarter Session,
Members active in the lawless County Committees,
And why is it that so many daring Violations of pri-
vate property have ha]3pened with Impunity in the
City, where a great Majority of the People of Prop-
erty are averse to these lawless Measures, & ready to
Support Governm* would it but afford them the Pro-
tection of the Laws?
Under these discouraging Circumstances you will
allow that no Man who was not determined to dis-
charge his Duty to Governm* & to abide every Conse-
quence however disagreeable or fatal, would under-
take to oppose the whole Measures of the Congress &
prevail on an Assembly to desert them & act upon
new Grounds. This was my Case, tho' I stood alone
& knew not where to apply for Protection against
those Insults which I naturally expected, & after-
wards met with. —
I think I wrote you the substance & the Event of
the two first Days Debate u]3on the Message, & that
the further Consideration of it was postponed for near
10 Days — I need not therefore repeat it here — On the
Saturday before the Day of the further Debate the in-
dependent party despairing of success in preventing a,
petition to his Majesty, moved that the Doors should
583 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
be thrown open, & the Mob let in upon me. I was
secretly advertised of this Design, & had spoke to a
Number of Friends to be there in Case the Motion
should succeed, being determined it should have no
other Effect, but to prepare myself better & to speak
with more Firmness & more fully upon the Measures
of the (Jongress. However upon debating the Motion,
we carried it in the Negative 24 to 14. This was an
humiliating Blow to my Opponents. I had hitherto
carried every Question, & constantly by an increased
Majority And yet altho' I had brought a number of
the Members (not less than 16 out of 39) to petition
upon proper Grounds, I found it impossible, as there
were very little hopes of gaining four more. I there-
fore resolved to change my Ground & to prevail on
the House to adjourn to some Day between this & the
10"' of May, the Time of Meeting of the next Con-
gress; In Expectation that by the Change of the Peo-
ples Sentiments out of Doors, which had already un-
dergone an amazing Alteration, and the Intelligence
of Firm Measures being determined on by Parliament,
that I might at that Time succeed in more rational
& Salutary measures. Under this resolution, I went
to the House on the Day appointed for the Debate; &
proposed 4 Heads as the substance of an Answer to
the Governor's Message. The 3 first, after violent Op-
position, were at length unanimously agreed to — The
fourth, in which I had mentioned the Adjournment,
produced a warm & long debate, the Independents op-
posing any Adjournment till after the sitting of the
Congress. Upon this a Question was put, & we car-
ried it in the Affirmative, 24 to 14. Tlius my great
Point was gained which did not a little distress the
other Party — And upon this a Committee was ap-
pointed to bring in an Answer to the Governor's
Message founded on my Propositions, with only an
Amendment proposed by M' Dickinson to the Fourth.
1775] ADMIN"ISTRATION OF GOVEENOR FRANKLIN. 583
When the House adjourned Dickinson came to me
and agreed that I should reduce the Answer to Form
& bring it in the next morning. This I engaged to
do. But I should here inform you, that the Speaker
acted the most shamefull & particular Part in the Ap-
pointment of the Committee — taking 12 of the li Neg-
atives & only 2 of the 24 Affirmatives for the Ad-
journment— i. e. 12 of one side & only 2 of the other —
I saw the partiality, but as things seem'd to be settled,
& not Suspecting the dirty Manoeuvre which followed,
I disregarded it —
At this unlucky Moment a Ship from Bristol ar-
rived, & bro't those partial & fictitious Accounts pub-
lished in the Papers — The Independents sounded it
tlii'o' all the Streets in the City that all the Acts must
be repealed, That the Measures of the Congress were
the Measures of Consummate Wisdom &c. &c. — This
gave rise to one of the most dirty & scandalous meas-
ures which ever was transacted in public Life. In my
Absence, & while I was engaged in drawing up the
Answer, — The Committee met— Thompson & Ross, &
I suspect with the privity of Dickenson, had previous-
ly drawn up the Message you see published — This was
laid before the Com'ittee of Independents, where it
was resolved that that Message should be considered
without sending for me. It was agreed to, carried
into the House read the first Time— & moved to have
a second & final reading— This was opposed by my
Friends, but they had not Brass enough to insist upon
it. — In the Evening I was informed that a Member of
the Committee had bragged how the Committee had
deceived, or, to use his own Expression, flung Gallo-
way.—
On the next morning I moved that the xlnswer
should be recommitted;— and, after giving a short
acco^ of the Facts,— I assigned, as reasons— P.^ That
the Committee had acted a dishonourable, disingen-
584 ADMINISTRATION OF GOVERNOR FRANKLIN. [HT-J
uous, dirty & fraudulent Part, one unbecoming men
in public Character— That they had by A.rt & Fraud
deprived me of the priviledge of voting in Committee:
That they knew I was absent on my Duty to the
House on the very Business before them, And that if
they did not choose I should do it, they should at least
have sent for me &c. 2^.'^' That they had treated the
House with insolent Disregard & Disobedience; for
that they had not inserted in the Answer either Senti-
ment or Word of what was Yesterday unanimously
agreed upon — 3'^^-^ That it contained palpable Untruths
— To these I added many other Arguments, but all
was in vain — This was not a Time when reason was
to prevail — The great News of Yesterday had altered
the Minds of some of the weak & irresolute of the
Chester & Philad:'' Members & upon the Question they
carried it against the Commitment 2() to 10 — The
answer went thro' the House, I opposed it in every
stage — And upon the Question whether it should be
transcribed it was carried 22 to 14 — And in Order to
show that the House was divided — which they much
dreaded— I insisted upon the Yeas & Nays to be taken
down & published as you have seen— The House
stands adjourned to the first of May —
I intimated before, that I had met with Insults dur-
ing my Stay in the C^ity Shortly after the two first
Days Debates — late in the Evening a Box was left at
my Lodgings nail'd & directed to me. Upon opening
it next Morning I found in it a Halter, with a threat-
ening Letter I read the Letter & nail'd up the Box —
lock'd it carefully in my Charriott Box, determined
not to mention it to any Body — as I knew it would be
impossible that the Person sending it should 'keep it
long a Secret & hoping by that means to discover
them. I waited a Fortnight & nothing transpired;
At length it came out from two of the Persons whom
I verily believe sent it — And from the Clue, so far as
1775] ADMINISTRATION" OF GOVERNOR FRANKLIN. 585
I have traced it, it comes from two Members of As-
sembly, a discarded Assembly Officer & a Head of the
White Oaks. However it had no other Effect on me
than to fix me in my former resolutions to oppose
those lawless Measures at all Events
I am happy in your Approbation of my Pamphlet
— I find from all Quarters it is universally applauded
by Men of Candor & Abilities. Your Sentiments &
mine are not different respecting the proper Union
with Gr. Britain, nor respecting the Addition to my
proposed Plan. I thought of it at the Time, but
omitted it because I knew the Plan would be less ex-
ceptionable to those Democratic Spirits to whom it
was to be proposed, & by whom it was to be adopted
in the first Instance, & because I thought it might be
added in the Negotiation. The great End I had in
View in offering the Plan, I have often before told
you was to prevail on the Congress to take the Ground
of Negotiation & Proposition.
You may be assured that the following is a true
Complexion of the People of this Province. The
Presbyterians almost universally down from the Gov""?
Father in Law to the Pauper on the Parish, are truly
Independents, and for having no political Connection
with G. Britain. The G r and C 1 (three of the
latter excepted) & every Subordinate Officer under
them (not more than half a Dozen excepted) through-
out the Province, either join with or do not discourage
their Measures, nor yield the least Countenance or
Protection to those who are in Opposition to them. —
And a very few of the Church may be added to this
Class. The rest of the Church & all the Quakers —
Menonists — German Lutherans, Calvinists Dumplers
& other Sectaries among the Germaus^ — All the low
Dutch reform'd Calvinists— Baptists (a very few indis-
creet Men of no Significance among them excepted)
are aware of the Designs of the Independents, & wish
586 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
to be united with G. Britain, are loyal subjects in their
hearts & are ready to shew that Loyalty, could they
be assured of the Protection of Government or even its
Countenance; they complain of the Want of it & dare
not Stir in support of their Principles without it —
I am Confident no Endeavours will be used by Gov-
ernment here, only ""to save Appeararices^-'' to prevent
the Appointment of Deputies for the intended Con-
gress. When I refused to accept of the Appointment
in December I could not prevail on Judge Morton to
join me in the refusal — However, I am determined to
opi)ose the appointment in our sitting in May, & exert
every Nerve to prevent it " —
Circular Letter from the Earl of Dartmouth to the
several Governor's in North America, relative to
the order of the Commander in Chief of the forces
in America.
[Prom New York Colonial Documents, Vol. Vni., p. 569.]
To the Governors of Quebec, Nova Scotia, New
Hampshire, Massachusetts Bay, New Jer-
sey, New York, Virginia, North Carolina,
South Carolina, Georgia, East Florida, West
Florida, Pennsylvania, Maryland.
I am Commanded by the King to acquaint You, that
it is His Majesty's pleasure that the orders of the Com-
mander in Chief of His Maj'- " forces in North America,
and under him of the Major Generals and Brigadier
Generals shall be supreme in all cases relative to the op-
erations of the said Troops, and be obeyed accordingly.
I am Ettc
Dartmouth
Whitehall, 15 April 1775.
1775] ADMHSriSTRlTION OF GOVERNOR FRAISTKLIN. 587
Holu the Neivs of the Affairs at Lexington and Con-
cord was carried through New Jersey.
[One dispatch giving an account of the affairs at
Lexington and Concord was sent from' Watertov^n,
Mass., on April 19, at 10 a. m., and was carried by
express riders through various towns to New York,
where it was received on Sunday, April 23, at 4 p. m.,
by the New York Committee, who forwarded it with
the endorsement given below, and it was endorsed by
the committees in the various towns as the messenger
galoped through the State.']
New York, April 23, 4 p. m.
Eec'd the within Account by Express and forwarded
by express to New Brunswick with Directions to stop
at Elizabeth Town and acquaint the committee there
with the following Particulars.
By order of the Committee,
Isaac Low, Chairman.
New Brunswick, Ap. 24, 1775, 2 o'clock in the morn-
ing rec'd the above express and forwarded to Princeton.
Wm. Oake
J AS. Neilson
Az. Dunham, Conine.
Princeton, Monday, April 24, 6 o'clock, and for'd to
Trenton.
Tho. Wiggins
Jon. Baldwin, Com. Members
Trenton, Monday, Apl. 24, 9 o'clock in the morning
rec'd the above per express and forwarded the same to
the Committee of Philadelphia.
Sam. Tucker
Isaac Smith, Conine.
1 History of Union and Middlesex Counties, 454, n.
588 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
[Another dispatch was sent from WaUingford, Conn.,
Monday morning, April 'J4, 1775, and reached New
York, Tuesday, April 25, at 2 p. m., and was forwarded
through New Jersey, as appears by the following en-
dorsements:']
A true copy, received at ETiz-Toivn, 7 o'clock in the
evening; Tuesday, April 25, 1775.
JoNA. Hampton,
Chairman of the Committee.
Geo. Ross,
John Blanchard.
A true copy, received at Woodbridge, 10 of the
clock, in the evening, Tuesday, April 25, 1775.
Nathaniel Hearn,
Samuel Parker,
Jonathan Clawson,
Three of a Committee.
The above received at New Brunswick, the 25th
April, 1775, 12 o'clock at night.
Wm. Oake,
Jas. Neilson,
Az. Dunham,
Committee.
A true copy. Received at Princefown, April 2(>,
1775, half -past 3 o'clock, in the morning,
Thomas Wiggin,
JoNA. Baldwin,
Members of Committee.
The above received at Trenton, on Wednesday
morning, about half after (I o'clock, and forwarded at
7 o'clock.
Sam'l. Tucker,
Isaac Smith,
Ab'm Hunt,
Three of the Committee.
1 Documentary History of the American Revolution . . Chiefly in South Caro-
lina, 1764-1776, by R. W. Gibbes, M. D., New York, 1855,845; 1 American Archives,
n., 365-6.
1775J AnMINISTRATIO^r OF GOVERNOR FRANKLIN. 589
Draft of an agreement ainong the lawyers of Neiv
Jersey that tJi consequence of the state of the
Colonies requiring every one to give his time and
attention to the public service, they ivoiild do all
in their power to prevent imnecessai^y litigation.
[From the Skinner Papers among Manuscripts of W. A. Whitehead, Vol. 11, No. 52.]
May Term 1775.
Whereas from the present unhappy State of the
Colonies the Aid and Assistance of each Individual in
every Department has become absolutely Necessary
and particularly many of the Gentlemen of the Law
in this Province are daily Called upon and engaged
in different Services for the publick weal, whereby it
is rendered Impracticable for them to attend to the
particular Duties of their Profession without great
Perplexity and Confusion; And Whereas many ill
Consequences might arise to the great Injury of the
publick from the total Shutting up of the Courts of
Justice in thisTrovince while more moderate Measures
are capable of Answering all the good Purposes hoped
for thereupon. Therefore the Subscribers Practitioners
of the Law in the Province of New Jersey being dee])-
ly Impressed with a sense of the great Difficulties at-
tending our publick Affairs, and willing to do all in
our power to promote the Common Cause and to pre-
serve Order, Decency and Good Government as far as
in our Power, Do Solemnly and Mutually promise and
agree to and with each other that from and after the
present Term we will not carry on or prosecute any
Action or Actions in any Court of Law or Equity in
this Province in which Action or Actions any Attor-
ney at Law party to these presents is concerned to pros-
ecute defend or litigate the same without the Consent
500 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
of such Attorney (but will henceforth suspend such Ac-
tion or Actions without taking any Advantage on either
Side of any Cessation or Delay but that the same shall
remain and be taken at the End of this Agreement to
be exactly in the same State as it was at the Execu-
tion of these Presents). And we and each of us do
furthei' promise and agree upon the Principles of Hon-
our and Eeputation that in all future Applications to
us to defend any Suit that shall hereafter be brought
we will Carefully Examine into the Merits of the De-
fence proposed to be set up by the Persons so apply-
ing, And that if we find the same not to be well
founded we will not undertake the same but will do
all in our power to prevent any unnecessary Litiga-
tion for the sake of Delay; And f mother we do agree
that these Presents and everything herein Contained
shall be in force from the Last Day of this Term untill
the Last Day of the next Term.
Letter from Gov. Franklin to the Earl of Dartmouth,
giving an account of the proceedings of the King\s
troops at Concord, and the immediate conse-
quences thereof.
[From P. R. O. America and \\\'st Indies, Vol. 17T (195).]
Perth Amboy, May f;"' 1^75
To the Right Hon^.'^ the Earl of Dartmouth.
My Lord,
A few Days ago I was honoured with your Lord-
ship's several Dispatches of the 22*^ of February and
3'.' of March.
The Resolution of the House of Commons on the
20^'' of February, declaratory of the Sense of Parlia-
1775] ADMINiSTRATION OF GOVERNOR FRAKivLIN. 591
ment upon the Subject of Taxation, especially as ex-
plained by your Lordship's Circular Dispatch, afforded
me very particular Pleasure, as it gave me Strong-
Hopes that it would be productive of a thorough Re-
conciliation between the two Countries. This like-
wise was the Sentiment of such of His Majesty's
Council in this Province as I had an Opportunity of
communicating it to, who immediately advised the
Calling of the General Assembly, that no Time might
be lost in accomphshing so desirable a Purpose. But
an Event has since occurred which has, in some De-
gree, checked those flattering Hopes, and given me
Reason to apprehend that an amicable Accommoda-
tion will be with Difficulty, if at all, effected at this
Time, The Accounts we have from Massachusetts
Bay respecting the Proceedings of the King's Troops,
and the late Engagement between them and the In-
habitants of that Province, have occasioned such an
Alarm and excited so much Uneasiness among the Peo-
ple throughout this and the other Colonies, that there
is Danger of their committing some outrageous Vio-
lences before the present Heats can subside. They are
arming themselves, forming into Companies, and tak-
ing uncommon Pains to perfect themselves in Military
Discipline. Every Day new Alarms are spread, which
have a Tendency to keep the Minds of the People in a
continual Ferment, make them suspicious, and pre-
vent their paying any Attention to the Dictates of
sober Reason and common Sense. A great Number
of the Inhabitants of Freehold in Monmouth County
were persuaded to believe that Hostilities were ordered
to be commenced against all the Colonies, and that a
Man of War was lying in the Bay near Sandy- hook
with a Design to send up a Boat in the Night to carry
off the Money in the Treasury, and the Records in the
Secretary's Office at Amboy. In Consequence of this
Report, some of the Committee of Freehold with up-
592 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
wards of 30 of the Militia, arm'd with Firelocks, set
out on Wednesday Afternoon last, and travelled
through Brunswick to Woodbridge within 3 Miles of
this place, where they got about Midnight, and would
have come down immediately here, in order to carry
off the Treasury & Records, had they not been per-
suaded by some of the Woodbridge Committee to de-
sist from their Enterprize till they could call a Meet-
ing of the neighbouring Committees in the Morning.
These Committees when they met disapproved of the
Measure, & prevailed on those inconsiderate People to
return Home, which they did, marching through Am-
boy by my Door, with Colours Drum & Fife.
All legal Authority and Government seems to be
drawing to an End here, and that of Congresses, Con-
ventions, and Committees establishing in their Place.
The People are everywhere entering into Associations
similar to that of New York, whereby they engage to
" adopt and endeavour carry into Execution -whatever
'"Measures maybe recommended by the Continental
" Congress, or resolved upon by the Provincial Con-
" vention, and that they wiU in all Things folloiu the
"Advice of their General Committees,''' &c. This
Association has been entered into by many of what
are here called Tories, and Friends to Government, as
well as by the other Party; they being in a Manner
compelled thereto through Apprehensions for their
personal Safety, and as it seemed the only Expedient,
ill such an Exigency, for the preservation of Peace
& good Order and the Security of private Property.
It is highly probable that General Gage must have
had very strong Reasons, or he would not have sent
out the Party to Concord, and risk'd the comiuencing
Hostilities, at a Time when all His Majesty's Gover-
nors on the Continent had Directions, and were conse-
quently taking Measures to promote an amicable Set-
tlement of the present unhappy Difference. It was.
1775] ADMINISTRATION" OF GOVERNOR FRANKLIN". 593
however, expected that previous to the Commence-
ment of any military Operations, the Assembly of
Massachuset's Bay would have been called, and that the
Governor would have laid before them the Resolution
of the House of Commons, declarative of their Senti-
ments respecting the future Taxation of the Colonies,
and explained them in the manner mentioned in your
lordship's Circular Dispatch of the S'^. of March: And
that no hostile Measure of any kind would have been
taken that could have had a Chance of bringing on an
Engagement with the Troops, until after their Refusal
to acquiesce with the Propositions held out in that
Resolution, or that they had been warned, by a Procla-
mation, of the ill Consequences that would infallibly
attend their Contumacy. The General's Motives for
not f)ursuing such a Plan of Conduct will, I doubt not,
from his distinguished Character, and well-known
Prudence, be found strictly justifiable and proper; yet
it is greatly to be regretted that the late Skirmish hap-
pened at the Time it did, as it has, in its Consequences,
proved one of the most unlucky Incidents that could
have occurred in the present Situation of Affairs. It
will not only be a Means of retarding, if not entirely
defeating the Wishes & Measures of His Majesty for
a happy Reconciliation; but will endanger the Lives
&, properties of every Officer of Government in the
.King's Colonies to the Southward of New England
who may refuse to acquiesce in their Proceedings. It
has, indeed, been repeatedly declared that they were
determined to make Reprisals, and that in case Gen?
Gage should seize upon or punish any of the people of
that Country, they would seize upon the King's Offi-
cers & Friends of Government, throughout the Colo-
nies, and treat them in the same Manner. Nor have
I the least Doubt but such would be the Consequence,
if military Operations were carried on, and a Number
of the Inhabitants are killed or taken Prisoners: For
38
594 ADMI]!fISTKATIO]Sr OF GOVEKKOR FRANKLIN, [1775
in none of the Capitals of those Southern Colonies have
they, as yet, either Troops, Forts or Men of War, that
can afford them any Protection. A matter which
surely ought to be particularly attended to, and pro-
vided for, before any Hostilities are commenced.
Altho' there seems at present but httle Hopes that
the Terms proposed by the House of Commons, & ap-
proved of by His Majesty will be immediately agreed
to by the several Assemblies, yet I cannot but think
that when they come to be explained and rightly
understood by the People, there will be a Disposition
to comply with them, or some others of a similar
Nature. The Assemblies will probably avoid coming
singly to any Determination before they know the
Sentiments of the general Congress to be held this
Month at Philadelphia. I have just heard that the
Lieu- Governor & Council of New York have deter-
mined not to lay the propositions before the Assembly
of that Province, thinking Men's Minds are at present
too much heated & inflamed to consider the Matter
with that Calmness & Attention which the Import-
ance of it requires. And I am hkewise informed that
the Gov', of Pensylvania has communicated them to
the Assembly of that Province, who have declined ac-
ceding to them, & have declared that they "cannot
" think the Terms pointed out afford a just and rea-
" sonable Ground for a final Accommodation between
" G. Britain & the Colonies;" intimating besides,
' ^ that all Aids from them should be their own free &
" voluntary Gifts, not taken by Force, nor extorted
" by Fears, — that the Plan held forth may be classed
"under one of these Descriptions — and that if they
" had no other Objection to it they could not honora-
"bly adopt it without the Advice & Consent of the
" other Colonies." '
It is not unlikely that I shall receive a somewhat
1 Penn. Colonial Records, X., 252-4.
1775] ADMIJSrfSTRATION OF GOVERNOR FRANKLIN. 595
similar Answer from the Assembly of this Province;
and, indeed, I am inclined to think that every other
Assembly will wait to take their Tone from the gen-
eral Congress; and that therefore, unless the Plan is
satisfactorily explained to them, we shall be as wide
from the final Settlement of the Disputes as ever.
But as they are not a legally authorised Body, and
the Governors cannot take any direct Notice of them,
there seems no other Method so proper for obtaining
their Sentiments on the Plan, and thereby bringing
the Matter to a Speedy Decision, as to communicate it
as soon as possible to the several Assemblies, and give
them an Opportunity of informing the Congress of the
Nature of it, and of consulting them on the Occasion.
— I formerly (in my Dispatch No. — ) Suggested the
Expediency of having a duely authorized Congress of
Persons to be chosen by the several Assemblies, which
should be impowered to meet and consult with such
Persons as His Majesty should commission for the
Purpose, and it still appears to me to be a Measure
necessary to expedite the final Settlement of this
troublesome & destructive Contest. For, I am con-
vinced that Matters are now carried so far that the
Americans in general are disposed to run the Risk of
a total Ruin rather than suffer a Taxation by any but
their own immediate Representatives and that there
is not the least Reason to expect they will ever, in this
Instance, consent to acknowledge the Right, even if
they should be obliged to submit to the Power of Par-
liament. The Plan now offered to them is happily a
Waving of the Exercise of that Right on Conditions
corresponding with their own former Declarations,
ani which I cannot therefore but hope the reasonable
Pai't of them will think it the Duty of this Country to
adopt.
What renders the Situation of American Governors
more difficult and dangerous in these Times of Dis-
596 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
order than it would otherwise would be, is the publi-
cation of their Correspondence with His Majesty's
Ministers. If they neglect to transmit a circumstan-
tial Account of the principal Transactions in their
Provinces, they will be guilty of a Breach of their
Duty, and necessarily & deservedly incur His Majes-
ty's Displeasure. But let their Detail be ever so
strictly conformable to the Truth, and the Facts even
supported by the Accounts published in the News-
papers by the Leaders of the People themselves, yet,
if it does not altogether quadrate with the Ideas which
these Men may afterwards choose to have entertained
of their Conduct, the Governors are sure to be held up
as Enemies to their Country, and every undue Means
are taken to make them the Objects of the People's
Eesentment. I am led to mention this Matter to your
Lordship, particularly at this Time, from the follow-
ing Paragraph pubHshed in Holt's last New York Jour-
nal, viz^— " By the Copies of Letters lately laid before
the Parliament (printed in London) from the Gover-
nors of the several British Colonies, relative to the
late unconstitutional and tyrannical Acts of Parlia-
ment, it appears that Gov^ Eden of Maryland was
the 07ily one v-ho honestly & ingenuously repre-
sented the Case, with his Opinion thereon, to the
Ministry; which Conduct & Opinion will do him last-
ing Honour. In general, the Governors & other
Ministerial people, outstrip their Instructions and
anticipate the Wishes of their Patrons even in their
most blameable Designs. Had it not been owing to
the Encouragement, & even Temptation thus given to
the Ministry, in their last treasonable & most horrible
Design of Destroying the English Constitution, and
enslaving the Colonies, it is more than probable they
would have desisted from the black Attempt." —
Your Lordship may easily judge of the pernicious Ten-
dency of such publications at such a critical juncture
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 597
as the present. There is no defending ourselves against
the Consequences, and we must patiently submit.
But if the two Houses of Parliament have a Right to
call for State Papers to be laid before them, as being
the great Council of the JSTation, it seems astonishing
they should not, from Motives of Policy, keep those
kind of Communications perfectly secret, as all other
national Councils do. The Evil is not merely the ex-
posing an Officer to the Resentment of an ungoverna-
ble Populace but the furnishing the Enemies of the
Nation with such Intelligence of the State of Affairs
as must often be of great Detriment to the Publick.
I must beg therefore that the secret Intelligence I sent
your Lordship by the last Packet may be destroyed,
as should it be copied & transmitted here, it would
probably prove the Destruction of a very worthy Gen-
tleman, and one of the warmest Friends to Govern-
ment in this Country.
I have the Honor to be, with the greatest Respect &
Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W"' Franklin
Resolutions of the Provincial Congress of Neiv Jersey
in favor of non-exportation ^ and ajypointincj a
fast day.
[From the Pennsylvania Journal and Weekly Advertiser, Wednesday, Jlay 31, 1775,
No. 1G95.]
In Provincial Congress, at Trenton, New Jersey,
May 26, 1775
The Continental Congress having resolved unani-
mously, "That all exportations to Quebec, Nova Sco-
tia, the Island of St. John's, Newfoundland, Georgia,
598 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
except the Parish of St. John's, and to East and West
Florida, immediately cease, and that no provisions of
any kind, or other necessaries, be furnished to the
British Fisheries on the American Coasts, until it be
otherwise determined by the Congress."
Resolved unanimously, That this Congress earnest-
ly recommend to the good people of this province,
that they most religiously adhere to the said Kesolu-
tion; and that the Secretary publish this our Resolve
in one or more of the public News-Papers.
Jonathan D. Sergeant, Secretary.
[From the Pennsylvania Jom-nal and Weekly Advertiser, June 7, 1775, No. 1696.]
In Provincial Congress of Neiv Jersey, Trenton,
June 3, 1775.
Resolved, That this Congress do earnestly recom-
mend to the inhabitants of every religious denomina-
tion, throughout this province, that Thursday the
twenty-ninth day of June, iust. be observed by them,
as a day of fasting, humiliation, and prayer, (unless
the Continental Congress sliall, before that time, ap-
point some other day) in order to deprecate the dis-
pleasure of Almighty God, in this season of i^ublic
calamity; and humbly to implore his divine Blessing
on such measures as may be used for sapportiug our
invaluable rights and privileges; and restoring con-
cord and harmony between Great Britain and her
American Colonies.
H. FiSHEK, President.
1775] ADMINISTKATION OF GOVERNOR FRANKLIN. 599
Letter from Samuel Holland to the Earl of Dart-
mouth, transmittiny the plans of last simDner's
sw^vey.
[Fi-oni P. R, O. America aiid West Indies, Vol. 279.]
Perth Amboy, Nev^ Jerseys, 27tli May. 1775.
The Right Honorable the Earl of Dartmouth
My Lord,
I have now the Honor to transmit the Plan of Our
last Summers Survey of Boston Harbor, Martha's
Vineyard, Nantucket, the Elizabeth Islands, & Narra-
ganset Bay, by a Scale of two Miles to an Inch ; & to
elucidate these Surveys I have added thereto the Sea
Coast from Falmouth in Casco Bay; & included the
Bounds of the several Townships, Claims & Patents
of the Province of New Hampshire. I have likewise
the Honor to transuiit a plan of Boston Harbor, &
another of Plyuiouth Harbor, both by the large Scale:
— All of which I hope will receive Your Lordship's
Approbation, & give a Sufficient Idea of the Country.
The Soundings, Sholes & other particulars which
are wanting in these Plans, to make them of the least
Use to the Navigator, I wish I could have inserted.
But as I have had no assistance from the Navy in that
Respect, I must hope an opportunity will sometime
offer, for completing that requisite Addition, &, which
I presume will be all that is found Wanting to make
them perfect.
I am affraid this Summer's Surveys will not equal
tliose of former Years; as the present Situation of
public Affairs is such as to make the Continuance of
Our Ship under the Admiral's immediate Command,
still necessary, & she is now at Halifax, which is in-
convenient for our getting the Stores requisite for our
600 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Equipment; but I will endeavour to do all that can be
done: Yet My Lord, this will occasion no material
Delay to the Service, as there is much Drawing to be
done, which will employ those of my Party fully, who
are not surveying. I hope then to be ready with the
projection, whenever I am favored with the Nova
Scotia Surveys of M'" Desbarres, which I have taken
the Liberty to request might be sent me as soon as
possible, as the Want of them is the only Thing which
delays that Performance; & as to send It to Your
Lordship without their being inserted, would not do
us the Honor we flatter ourselves We shall obtain, by
transmitting one Compact Piece, so neither will it
give that satisfaction or be of that Utihty it ought.
I am, With sincere Respect, My Lord,
Your Lordship's Most Obedient
& Most Humble Servant
Samuel Holland.
Proceedings of the Inhabitants of Shrewsbury.
[From New Jersey Historical Soceity Manuscripts.]
At a Meeting of freeholders and Inhabitants of the
township of Shrewsbury this 27th Day of May, 1775,
the following Persons were By a Great Majority
Chosen a Committee of Observation for the Said town
agreeable to the Direction of the General Continental
Congress held at Philadelphia y° 5th of September,
1774, viz:
Josiah Holmes, Nicholas Vanbrunt,
John Little, David Knott,
Joseph Throckmorton, Cornelius Vandeveer,
Samuel Breese, Samuel Longstreet,
Thomas Morford, Benjamin Dennis,
Garret Longstreet, Cornelius Lane,
Daniel Hendrickson.
1775] ADMINISTRATION OF GOVEENOR FRANKLIN. 601
Ordered, that Daniel Hendrickson and Nicholas
Vanbrunt, or Either of them, Do attend the provincial
Congress now Sitting at Trentovvn, With full power
to Eepresent there this town of Shrewsbury. And
that Josiah Holmes, David Knott and Samuel Breese
Be a Sub -Committee to prepare Instructions for the
Deputy or Deputies who are to attend the Congress at
Trentown.
Josiah Holmes was Unanimously Chosen Chairman.
Josiah Holmes, Chairman and Town Clerk.
Letter from Gov. Franklin to the Earl of Dartmouth,
giving an account of proceedings in New Jersey,
the effect of "the unfortunate affair at Lexing-
ton," and transmitting a number of Papers.
[From P. R. O., America and West Indies, Vol. 195.]
Perth Amboy, June 5"' 1Y75
Eight Hon''.^® the Earl of Dartmouth, &c
My Lord,
I informed your Lordship in my last Dispatch (N
22.) that I had called a Meeting of the Assembly, in
order to lay before them the Resolution of the House
of Commons of the 20V' of Feb""-^ respecting the Taxa-
tion of the Colonies. As that Resolution was greatly
misunderstood and misrepresented throughout Amer-
ica, and had not been properly explained in any of the
Colonies, His Majesty's Council of this Province were
of opinion it could answer no valuable Purpose to com-
municate it to the Assembly, unless it was accompa-
nied with the Explanation of it given in your Lord-
ship's separate Dispatch of the 3*^ of March; but as
your Ijordship, in your private Letter of that Date,
602 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
intimated that it was not His Majesty's Intention that
I should lay that explanatory Letter officially before
them, they were of Opinion that Regard ought to be
paid to that Intimation, yet, as they thought, with
youi- Lordship, it "might be ostensibly of Use" they
concluded that the best Way would be to insert the
Substance of it into my Speech, with such farther
Explanations as I should think proper; so that it
should not appear too particularly what Part thereof
was taken from your Lordship's separate Dispatch,
or what was suggested by my Sense of the Matter.
There was, indeed, no other Method (as I could not
lay the Dispatch officially before them) of letting them
know the Expectations of Government on this Occa-
sion; and if they were not fully explained to them in
some Way or other, there was Danger that the Assem-
bly would have made that a Pretence for not taking
the Resolution into Consideration, or at least for not
acquiescing with it. I accordingly incorporated the
whole of that Dispatch, with only a few necessary
Variations of the Stile, into the Speech I delivered at
the Opening of the Session; and I likwise added such
Arguments as I thought would be likly to induce a
Compliance with the Proposition held forth in that
Resolution. But, as I before intimated would proba-
bly be the Case, the Assembly determined to wait for
the Result of the Continental Congress. What their
Determination will be respecting it I cannot say, but
I have Reason to think they will not comply with the
Resolution at present, if ever. It is whispered that
they intend to propose some other Terms of Accom-
modation. In a Letter I received from one of the Del-
egates, the Day after my Speech was published, he
says, ' ' I have perused your Speech, and think you
"have made the best of the Cause, for your Client;
"but doubt you will not carry it." Another person
writes me, " Your Speech is much abused by the vio-
1775] ADMIKISTRATION OF GOV£KN"OR FRANKLIN. 603
"lent Party among us. You have shown that the
"Propositions contained in the Resolution of the
' ' House of Commons are very similar to the Declara •
" tions heretofore made by several of the Colonies,
' ' and we cannot noiv pretend to say we do not un-
"derstand the Proposition — you have explained and
"enforced every Part of them too well.'''' — A Copy of
my Speech, with the Assembly's Address in Answer,
and my Reply, are enclosed. M' Cortland Skinner,
the Speaker, previous to his presenting the Address,
declared to me, in the Presence of the Council and As-
sembly, his Disapprobation of the Contents of it,
which he said he was constrained to do, as the House
had refused him Leave to enter his Dissent on their
Minutes. He likewise dissented to the Petition to the
King at the last Session.
Ever since that unfortunate Affair at Lexington,
the Colonies have been in the utmost Commotion.
The People are not contented to wait for the Determ-
inations of the Continental Congress, but are contin-
ually holding County Committees and Provincial Con-
ventions in every Colony. One of the latter has been
sitting at Trenton for about a Fortnight past, and I
am told have come to a Resolution of raising Ten
Thousand Pounds in order to support a Body of Mili-
tia in this Province, which they propose to have well
disciplined and ready for immediate Service. Of this,
however, I have no certain Account, as they have not
yet published their Proceedings. Enclosed is a Copy,
I have just obtained, of a Circular Letter and Associ-
ation which they have ordered to be sent to every
Township. It has been proposed by the Committee
of Newark, that the Provincial Congress shall api^oint
and commission the Commandant of the Militia and
all the Field officers, and the County Committees ap-
point the Captains and Subalterns.' There are many
1 Minutes of the Provincial Congress, etc., 1775-6, 151.
604 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
other Regulations proposed by that Committee, of a
similar Nature, several of w^hich will probably be
adopted. In short, all Government is nearly laid pros-
trate, and the public Officers from the highest to the
lowest are now only on Sufferance, as it were. We
may think ourselves well off if we are permitted to
continue so. I have no doubt but it is their Intention,
in case General Gage should get the better in any En-
gagement with the Provincials, to seize upon all the
Governors and other principal Officers, and make them
Hostages for the Release of Prisoners, &c. &c. There
is not even a single Ship or Sloop of War in New- Jer-
sey, on Board of which an Officer might receive Shel-
ter or Protection.
All Parties are united, at least in Appearance. Even
two of the Gentlemen of the Council (Mi" Parker and
M"" Stephen Skinner) as your Lordship will see in the
pubHc Prints, have been chosen Committee-men for
this Town; but, I believe, only the fo'st of them has
acted in that Capacity. It is, perhaps, best that Gen-
tlemen of Property and Sense should mix among
these People, as they may be a means of j^reventing
their going into some Extravagances. This, I imag-
ine, has been the Motive with these Gentlemen.
I have already received a Number of Resignations
from the Militia Officers who held Commissions under
me, and I daily expect more. Their Ambition is now, •
it seems, to have Commissions from the Congress or
Conventions.
The Treasurer of the Eastern Division has not been
able to get the Justices and Freeholders to meet, in
order to sink the Paper Money which ought to have
been sunk last Month, according to Law. It appears
they have a Design to keep it there, that it may be
ready in case they shouJd want it for any military
Purpose. There is no sinking it but in their Presence,
and there are no means of securing it from them, or
the Committees, if they chuse to have it.
1775] ADMINISTEATIOK OF GOVERKOR FRANKLIN. (105
The Assembly, as your Lordship will see by the
Minutes of the last Sitting, now enclosed, have taken
notice of one of the Extracts of my Letters to your
Lordship, published in Almon's Parliamentary Eegis-
ter, and have entered it on their Minutes. It is said,
that they had prepared a String of furious Resolves
against me on Account of that Extract, but it being
suggested to them, that they ought to know first
whether it was genuine, they (after it had been en-
tered on their Minutes two Days) sent me a Message
to request I would inform them whether I had
wrote it.
This Circumstance gave me some Advantage, of
which I availed myself, as your Lordship will see in
my Answer.' However, I am threatened with a Re-
newal of the Attack at the next Session. The princi-
pal Offence, I am told, which they have taken at the
Extract is that Part where it is intimated that their
Approbation of the Measures of the Congress was ob-
tained by " artful Management,^'' which they look up-
on as a kind of Reflection upon their Understandings.
It is, however, strictly true, and they must be con-
scious that there is not a single Circumstance men-
tioned in that Extract, but what is fairly represented;
except that in the printed Copy a Mistake is made in
putting the Words "■ every Member ''^ (which makes it
Nonsense) for "'several Members'''' as it stands in my
original Letter.
I send herewith a printed Copy of the Laws and
Votes of Assembly of the Session held here in Jan-
uary and February last. The Secretary has not yet
completed a Copy of the Laws and Minutes of Council;
but he says I may rely on their being ready for the
next Racquet.
1 Miuutes of Provincial Congress, etc., 1775-6, V20, 133-4, 145-8.
006 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
I have the Honor to be; with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W" Franklin.
P. S. M-^ Pownall's two Letters of the 5*'' of April,
with the Act of Parliament, and Proclamation of the
States -General,' are just come to hand, and will of
course be published in the American News Papers.
Intelligence from N. Engl'^ In Governor Frank-
lyns Letter of the 5**^ June N« 28.
Cambridge May 2G.
Last Sabbath about 10 o'clock A. M. an express ar-
rived at General Thomas's quarters at Roxbury, in-
forming him that four sloops (two of them ai'med)
were sailed from Boston, to the south shore of tlie
bay, and that a number of soldiers were landing at
Weymouth. Gen. Thomas ordered three companies
to march to the support of the inhabitants. When
they arrived, they found the soldiers iiad not at-
tempted to land at Weymouth; but had landed on
Grape-Island, from whence they were carrying off
hay on board the sloops. The people of Weymouth
assembled on a point of land next to Grape Island; the
distance from Weymouth shore to said island, was too
great for small arms to do execution; nevertheless,
' The Act of Parliameut entitled "An Act to restrain the Trade and Commerce of
the Provinces of Massachusets Bay, & New Hampshire, and Colonies of Con.
neeticut & Rhode Island & Providence Plantation in North America, to Great
Britain, Ireland, and the British Islands in the West Indies, and to prohibit such
Provinces & Colonies from carrj'ing on any Fishery on the Banks of Newfound-
land, or other places therein mentioned, under Ce.tain Conditions & Limitations."
The order of the States General prohiliited the "Exportation of Arms and Ammu-
nition from their Dominions in British Ships, or in their own ships without leave of
their College of Admiralty."— Peuvi. Arckives, IV., G16, 017.
1775J ADMINISTKATION OF GOVEHNOK FKANKLIN. (50?
our people frequently fired. The fire was returned
from one of the vessels with swivel guns, but the shot
passed over our heads, and did no mischief. Matters
continued in this state for several hours, the soldiers
polling the hay down to the water side, our people
firing at the vessel, and they now and then discharg-
ing swivel guns. The tide was now come in, and sev-
eral lighters which were aground, were got afloat, up
on which our people, who were ardent for battle, got
on board, hoisted sail, and bore directly down upon
the nearest point of the island. The soldiers and sail-
ors immediately left the barn, and made for their
boats, and put off from one end of the island whilst
our people landed on the other. The sloops hoisted
sail with all possible expedition, whilst our people set
fire to the barn, and burnt 70 or 80 tons of hay, then
fired several tons which had been polled down to the
water side, and brought off the cattle. — As the vessels
passed Horse Neck, a sort of promontory which ex-
tends from Germantown, they fired their swivels and
small arms at our people pretty briskly but without
effect, tho' one of the bullets from their small arms,
which passed over our people, struck against a stone
with such force, as to take off a large part of the bul-
let. Whether any of the enemy were wounded, is
uncertain, though it is reported three of them were.
It is tho't they did not carry off more than one or two
tons of hay.
Lieut. Gold, who was taken by the Provincials, in
the engagement of the 19th ult. was a few days since
exchanged for an old man named Breed, who has a
large family — he was taken by the Eegulars in the
same engagement. Lieut. Gold has a fortune of
£.1900 per annum. 'Tis said, when first taken that
he offered 2000Z. for his ransom.
608 ADMINISTRATION OF PtOVERNOR FRANKLIN. [1775
Extract of a letter from the Camp at Cam-
bridge, dated May 18, 1775.
' ' We hear from Hahf ax, that the people have at
last, shewn they have spirits.— It seems the agents for
procuring forage for the expected regiment of Dra-
goons had taken without the consent of the owner,
and were shipping for Boston a great quantity of hay,
on which the people set fire to, and wholly destroyed
it; and when that work was finished they attempted
the like by the King's magazines, which they several
times fired, but they were extinguished by the people
from the ships of war lying there, who made a brisk
fire on the people, and prevented them from effecting
their design. The fugitives from Boston are gone to
Halifax, but the people say, no d d tories shall be
allowed to breath in their air, so that these d Is
can't find a resting place there, which was the only
place on the Continent that they even dared to hope
they might stay in.
Hartford, May 29.
{Extract of a Letter from Ticonderoga, May 23.)
"I shall endeavour to give you a very concise jour-
nal of matters here, since the 12th. instant.
'^ May 11"' We set sail from Skeensborough, in a
schooner belonging to Major Skeene, which we chris-
tened Liberty.
Sunday 13. Arrived at Ticonderoga, from whence
after some preparation, we set sail for Crown point.
Monday 14. Contrary winds retarded our voyage,
and the day drew to a close when we anchored at
Crown-point.
Tuesday, 15. Contraiy winds. Col. Arnold with thirty
men took the boat, and proceeded on for St. John's
1775] ADMIISTTSTKATION OF GOVERNOR FRANKLIN. 609
leaving to Capt. Sloan the command of the vessel with
the Sailors; and to me the command of the soldiers on
board: About 12 o'clock, while beating down, we
espied a boat, sent out our Coxwain to bring her in, it
proved to be the French Post from Montreal, with
Ensign Moland on board, we examined the Mail, and
among other things, found an exact list of all the
regular troops in the nortliern department, amounting
to upwards of 700.
Wednesday, l(i. A fair gale, we overtook Col.
Arnold in the boat, took him on board, and at night
arrived within thirty miles of St. John's when the
wind fell, and the vessel was becalmed. We inmiedi-
ately armed our two boats, manned them with 35
men, and determined by dint of rowing to fetch St.
John's and take the place and the king's sloop by sur-
prize at break of day.
Thursday, IG. After rowing hard all night, we ar-
rived within half a mile of the place at sunrise, sent a
man to bring us information, and in a small creek,
infested with numberless swarms of gnats and mus-
kitoes, waited with impatience for his return.
The man returning, informed us they were unap-
prised of our coming, though they had heard of the
taking of Ticonderoga and Crown-point. We directly
puslied for shore, and landed at about sixty rods dis-
tance from the barracks; the men had their arms, but
upon our briskly marching up in their faces, they re-
tired within the barracks, left their arras, & resigned
themselves into our hands.
We took fourteen prisoners, fourteen stands of
arms, and some small stores. We also took the king's
sloop, two fine brass field pieces, four boats. We
destroyed five boats more lest they should l)e made use
of against us. Just at the completion of our business,
a fine gale arose from the north; we directly hoisted
sail, and returned in triumph. About six miles from
39
610 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
St. John's we met Col. Allen with four boats, and
ninety men, who determined to proceed and maintain
the ground. This scheme Col. Arnold thought imprac-
ticable, as Montreal was near, with plenty of men and
every necessary for war; Nevertheless, Col. Allen pro-
ceeded, and encamped on the opposite side of the lake
(or river, as it is there called) the next morning he was
attacked by two hundred regulars, and obliged to de-
camp and retreat.
Friday, 18. Returned again to Crown-point from
thence to Ticonderoga.
Saturday, 19. Encamped at Ticonderoga. Since
that time, nothing material has happened. It is Col.
Arnold's present design, that the sloop Enterprise, (as
she is called) and the schooner Liberty shall cruize on
the lake, and defend our frontiers, till men, provisions
and ammunition are furnished to carry on the war."
Intercepted Letter, dated
Montreal, 6th May, 1T75
Dear Finlay, '
"Since your departure we have had many disagree-
able things happen here, & news of worse from Bos-
ton, which has given me great uneasiness on your ac-
count, for fear you should fall into their hands, and
be detained 'till matters are settled between them and
the mother country, which desired event, I am afraid,
is now far distant, since hostilities are commenced, but
I hope you heard the shocking news in time to take
such measures as to avoid any danger.
"In the night of the 30th of April, some malicious
and mischievous person or persons disfigured the king's
' Query: Hugh Finlay, Deputy Postmaster-General in North America, appointed
Feliruary 25, 1774 (" in the room of Dr. Franklin removert"), and continued in office
till the severance of the Colonies from Great 'Britain.— Dodsley's Annual Register
for 1774, 845; Journal kept by Hugh Finlay, 1773-4, Brooklyn, 1867, XXIII, XXIV.
I
1775J ADMINISTEATIOISr OF GOVERNOR FRANKLIN. 611
bust, on the parade, by blacking it's face, hanging a
chaplet of potatoes about it's neck, with a wooden
cross, and a label, on which was wrote, ' ' Le Pape de
Canada on le Sot Anglais," with an intent, no doubt,
of creating jealousies, animosities and disturbances
amongst the people, particularly between the English
and Canadians, and I am sorry to tell you, they have
met with great success. Early the next morning
when it was discovered, the commanding officer sent
two Serjeants to clean the bust and take off the chap-
let, label and cross. The new judges and conservators
of the peace, were then consulted, but they took no
immediate measures on the occasion, except sending
an account of the transaction to the governor; the
military first took up the matter, and blamed the
English inhabitants, throwing many reflections on
them, particularly the committee, who, some amongst
them, absolutely charged with the fact, which has oc-
casioned great uneasiness, and, I am afraid, will be
attended with bad consequences; the Canadians also
point them out as the authors, so that you may judge
what confusion we are in. —In the evening, a subscrip-
tion of £.10(» sterling was entered into by the mer-
chants, &c. at the coffee house, as a reward to any
person who should discover the offender; the mihtary
gentlemen also subscribed 50 guineas for the same
purpose; and advertisements were made out and pub-
lished by both parties the next day, by beat of drum;
in the course of the publication, two frays happened.
Mr. Belestre was standing at a corner of a street, with
a number of others, w^hen the advertisement was read,
and he observed that whoever did it, deserved to be
hanged, upon which young Franks observed, they
did not hang people for such trifles, and that it w^as
not worth the trouble, wiiich incensed Belestre, who
abused Franks, and took him by the nose, which Franks
returned with a blow that knocked him down, and cut
612 ADMINISTRATION OF C40VERN0R FRANKLIN. [1775
his forehead, somebody then mterposed, and parted
them; both parties apphed to the judges, but neither
could get satisfaction: Belestre being the aggressor,
could not get Franks bound over, and be could not
Belestre, but for what reason I cannot tell. The next
day Franks was apprehended and committed to prison,
not for the assault, but on Belestre's affidavit, for the
expressions he made use of about the crime, which I
mentioned before, and bail was refused; however, the
day following, the judges sent him notice, that upon
consideration they had agreed to take bail, but he re-
fused to give any, and is now in prison, waiting for an
answer from the governor, to a state of the case he
sent to his father. The other affair happened between
Ezekiel Solomons, the Jew, and de Pallieur, the latter
accused the Jews of having disfigured the bust, upon
which some words ensued, and Solomons knocked him
down; he has been apprehended, and he has given
bail."—
Lexington, April 23, 1775:
I Thomas Fessenden, of lawful age, testify and de-
clare, that being in a pasture near the Meeting-house,
at said Lexington, on Wednesday last, at about half
an hour before sun rise, I saw a number of regular
troops pass speedily by said Meeting-house, on their
way towards a company of Militia of said Lexington,
who were assembled to the number of about loO in
a company, at the distance of 18 or 20 rods from
said Meeting-house; and after they had passed by
said Meeting-house, I saw^ three officers on horse back
advance to the front of said regulars, when one of
them, being within six rods of the said Militia, cried
out, "disperse you rebels immediately," on which he
brandished his sword over his head three times; mean
while the second Officer, who was about two rods be-
hind him, fired a pistol, pointed at said Militia, and
the regulars kept huzzaing till he had finished brandish
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 013
ing his sword, and when he had finished thus brandish-
ing his sword, he pointed it down towards said Mihtia,
and immediately on which the said regulars fired a
volley at the Militia, and then I ran ofi: as fast as I
could, while they continued firing till I got out of
their reach. I further testify, that as soon as ever
the Officer cried " disperse you rebels " the said Com-
pany of Militia dispersed every way as fast as they
could, and while they were dispersing, the regulars
kept firing at them incessantly. And further saith
not. THOMAS FESSENDEN.
Lincoln, April 23. 1775.
I John Bateman, belonging to the fifty-second regi-
ment, commanded by Colonel James, on Wednesday
morning, on the nineteenth day of April instant, was
in the party marching to Concord, being at Lexington,
in the county of Middlesex, being nigh the meeting-
house in said Lexington there was a small party of
men gathered together in that place, when our said
troops marched by, and I testify and declare, that I
heard the word of command given to the troops to
fire, and some of said troops, did fire, and I saw one
of said small party lay dead on the ground nigh said
meeting house; and I testify that I never heard any
of the inhabitants so much as fire one gun on said
troops. JOHN BATEMAN.
I Edward Thoroton Gould, of his Majesty's own
Eegiment of foot, being of lawful age, do testifj^ and
declare, that on the evening of the 18"' instant, under
the orders of Gen Gage, I embarked with the light in-
fantry and grenediers of the line, commanded by Col-
onel Smith, and landed on the marshes of Cambridge,
from whence we proceeded to Lexington; on our ar-
rival at that place, we saw a body of provincial troops
armed to the number of sixty or seventy men, on our
approach they dispersed and soon after firing began,
614 ADMiNtSTKAtlON OF GOVERNOR FRANKLIN. [l775
but which party fired first I cannot exactly say, as our
troops rushed on shouting, huzzaing, previous to the
firing, which was continued by our troops so long as
any of the provincials were to be seen. From thence
we marched to Concord, on the hill near the en-
trance of the town, we saw another body of provin-
cials assembled, the light infantry companies were
ordered up the hill to disperse them, on our approach
they retreated towards Concord. The Grenediers con-
tinued the road under the hill towards the town, six
companies of light infantry were ordered down to
take possession of the bridge which the provincials
retreated over; the company I commanded was one,
three companies of the above detachment went for-
ward about two miles, in the meantime the provincial
troops returned to the number of about three or four
hundred, we drew up on the Concord side of the
bridge, the provincials came down upon us, upon
which we engaged and gave the first fire: This was
the first engagement after the one at Lexington, a
continued firing from both parties lasted thro' the
whole day; I myself was wounded at the attack of the
bridge, and am now treated with the greatest human-
ity, and taken all possible care of by the provincials
at Medford.
EDWARD THOROTON GOULD
Lieut. King^s own Regt.
Medford, April 25, 1775.
All the above sworn to before Justices of the Peace,
and duly attested to by Notaries Public.
Hannah Bradish of that part of Cambridge, called
Menatomy, and daughter of Timothy Paine, of Wor-
cester, in the county of Worcester, Esq, of lawful age,
testifies and says. That about 5 o'clock on Wednesday
last, afternoon being in her bedchamber, with her in-
fant child, about 8 days old, she was surprised by the
1775J ADMINISTRATION OF GOVERNOR FRANKLIN. 615
firing of the King's troops and our people, on their
return from Concord. She being weak and unable to
go out of her house, in order to secure herself and
family, they all retired into the kitchen in the back
part of the house. She soon found the house sur-
rounded with the King's troops; that upon observa-
tion made, at least seventy bullets were shot into the
front part of the house; several bullets lodged in the
kitchen where she was, and one passed through an
easy chair she had just gone from. The door of the
front part of the house was broke open; she did not
see any soldiers in the house; but supposed, by the
noise, they were in the front part. After the troops
had gone off, she missed the following things, which,
she verily believes, were taken out of the House by
the King's troops, viz. one rich brocade gown, called a
negligee, one lutestring gown, one white quilt, one
pair of brocade shoes, three shifts, eight white aprons,
three caps, one case of ivory knives and forks, and
several other small articles.
HANNAH BRADISH.
Worcester, April 26, 1YY5.
Province of the Massachusetts-Bay.
Worcester, ss., April 26. 1775.
Mrs. Hannah Bradish, the above deponent, maketh
oath before us the subscribers, two of his Majesty's
Justices of the Peace for the county of Worcester and
of the quorum, that the above deposition, according
to her best recollection, is the truth. Which deposi-
tion is taken in perpetuam rei memoriam.
Thomas Steel, Timothy Paine.
Eighty six other deponents, have sworn to nearly
similar affidavits; but want of room obliges us to
omit them.
616 Administration of aovERXOR franklix. [L775
Copy of an intercepted letter, from Sam. Pe-
ters, now in England.
Heralds Office, Feb. 25. 1775,
Rev. Sir,
I Have been sick ever since 2(»th of last October,
ov^ing to a Cold, which together with ray troubles in
being drove from my Home, my Relations and Friends
drew on a melancholy temper, which was increased
upon the news of my Brother and Mr. Newcomb
being robb'd of these letters (one of which was di-
rected to you) by Governor Trumbull's Mob or Com-
mittee of Safety : a specie of Liberty peculiar to the
four New England Colonies, and the Infernal world.
I blame myself more for my foolishness than the
world can blame me. I need not have mentioned
Names, nor sent as I did, but so it has happened, and
my Repentance is Hke Esau's, a bitter repentance, and
too late. I am killed with the tho'ts of my foolishness.
I have not slept two hours in 24, since I have heard of
the robbery; I mourn all my time with fervent prayer
to God to protect my injured friends from the violence
of evil Men, and from the danger I unwillingly ex-
posed them to. Could my life and estate (if any I
have) atone for my folly and secure my friends I so
much abus'd by mentioning their names, I would
have secur'd you long ago. I hope I am the only suf-
ferer in this sad affair; and surely I am on this side
the water the only sufferer, for no one here suspected
you, or any nam'd in my letter, capable of such busi-
ness, as the publishing said letters; the cabinet well
knew that they were surreptitiously taken by the
rebels in an OHverian manner; and my brother almost
killed; indignation burns in their breast for the un-
worthy deed, and New England will pay dearly for
their violences in general. The public here have no
1775] A£)MlN"ISfRATlON OF GOVERNOR FRAXKLIN. 017
knowledge yet of this affair; news-papers are silent
here; if any thing is published here about me, or those
letters, I hope I shall be able to clear up all things,
and establish the truth. — I know you have reason to
complain and blame me; as this is the first and only
thing I ever did in all my life, of which I am asham'd,
because I know the villainy of the saints, and yet
guarded not against their satanical ways. But alas!
I miss'd my reason, my way, and now my comfort.
Still I hope and wish for the pity and forgiveness of
you, your very worthy brother, and all I have unwil-
lingly injured; I will endeavour to keep out a good
watch for the future, and not bury what common
sense I have. When I think of them letters, and the
consequences attending my friends and benefactors, I
wish my second breath had ended my days on earth —
I never tasted of affliction so keen as the present; it
drinks up my spirits, & I am fading away like the
mow'd grass; If your dangers and characters are se-
cured against, I may be able to live; here your char-
acters suffer not; the names mentioned in my letters,
are considered by the majority of the C s. and
House of L ds and the as friends of govern-
ment, whom they seem zealously bent to protect, at
the expence of their lives and fortunes. I hope New-
York will agree to the explanatory article of the min-
ister, the consequence will be (as 'tis whispered) Con-
necticut River will be their eastermost bounds. If
New- York don't submit, the consequence will be hor-
rible beyond expression; as this offer has well united
the people here, except the Wilkites, who never will
be satisfied. — New York has a good character with the
majority, and I hope they will not lose it. The right
of internal taxation is justly given to the colonies, as
I ever thought it was their due; but the regulating
of duties, customs &c. arising from navigation, &c.
is still vested in the crown. The supremacy of
618 ADMINISTRATION OF GOVERNOE FRANKLIN. [1775
parliament in all cases whatever is still an arti-
cle of political faith. You will have the papers
in ship, so I omit any thing of pubKc nature. So
many are here complaining of abuses, and seeking for
places and redress, and the fear of more coming, if
anything is done for, these present ones, that govern-
ment is waiting on futurity in this matter, & wholly
attends upon American affairs; but will by and by at-
tend upon complaints. — The Bishop of London is in
hopes, that the persecution of the church in New Eng-
land will abate, and no more of the clergy be obliged
to come to England. The fleet and army will be able
soon to put a stop to that intolerant spirit peculiar to
New England Rebels, and reward some of their lead-
ers in such a manner as will please a distressed man.
Fortune is no man's steady friend; men act upon mo-
tives, and as new motives advance every day, men
differ as much; and tho' I have been well received
here upon some body's account, and nothing gloomy
yet appears ; yet I view myself in a very bad situation ;
for I see others deserted after being promised; so
from this, I value one deed of gift to be worth 10,000
promises. I imagine my return will not be service-
able ever hereafter to Hebron, or New-England; but
if my friends think it safe, I will return by and by. I
have not heard from my mother and brothers and
children. Am inform'd Trumble's Junto has voted tar
and feathers to them, if they write to me. The clergy
of Connecticut can send letters safely to me by way
of New- York, covered and directed to Mr. Palmar, in
the Heralds Office, London. — I hear the Puritan
Teachers have wrote over here abusing me with the
epithets of being tory, and a zealous churchman, and
a friend to the supremacy of parliament; but the Pres-
byterian ministers and people here are guilty of two
of these crimes of which I am accused — I am not
afraid of any things the saints can accuse me of. —
1775] ADMINISfRATiOJSr OP GOVERNOR FRANKLIN. 619
Trumbull set od the mobs upon rae. Before I apply'd
for protection of him, Dr. Payne told me of it three
times with a loud voice, after they had taken me out
of my house and stripped me, in these words, Gover-
nor Trumbull will not protect you, for he told us this
morning to come and give it to you, Sept. Sth. the
Governor own'd it to me, and added, that he told
Payne not to hurt my person or interest. — I wish to
hear from my mother, but dare not write. — I am in-
formed that my life is to be taken away if ever I am
seen in Connecticut — I want all those kindly things.
— A fresh piece of news rejoices my heart. The cler-
gy and jchurches of Connecticut would have been
ruined had not your letters been intercepted; their at-
tention was turned on you as well as their rage; they
considered a little what would be the consequence of
their using you as they did. and out of fear they treat
the clergy tolerable, with a design to kill you with
their weapons. — If this be true good comes out of my
foolishness, and God be praised. I am obliged to gen-
tlemen I cannot name, if you Know them and pre-
sent my due respects, it will add joy to,
Eev. Sir. Your afflicted Friend,
who will ever mourn for his folly,
Sam. Peter§.
To Dr. Auchmuty . Neiu York.
020 ADMINISTRATION OF fiOVKRNOR FRANKLIN. [1775
Speech of His Excellency William Franklin
Esquire, Captain-General, Governor and
Commander in Chief in and over the Prov-
ince of New Jersey, and Territories thereon
depending in America, Chancellor and
Vice-Admiral of the same, &c.
To the General Assembly of the said Prov-
ince, convened at Burlington.
Gentlemen of the Council, Gentlemen of the Assembly,
The sole Occasion of my calling you together, at
this Time is to lay before you a Resolution of the
House of Commons, wisely and humanely calculated
to open a Door for the Restoration of that Harmony
between Great-Britain and her American Colonies on
which their mutual Welfare and Happiness so greatly
depend.
This Resolution having already appeared in the pub-
lick Papers, and a great Variety of Interpretations
put upon it, mostly according to the different Views
and Dispositions by which Men are actuated, and
scarcely any having seen it in it's propei* Light, I
think I cannot, at this critical Juncture, better answer
the gracious Purposes of His Majesty, nor do my
Country more essential Service, than to lay before you
as full an Explanation of the Occasion, Purport, and
Intent of it as is in my Power. By this Means you,
and the good People you represent, will be enabled to
judge for yourselves how far you ought or ought not
to acquiesce with the Plan it contains, and what Steps
it will be prudent for you to take on this very import-
ant Occasion.
You will see in the King's Answer to the joint Ad-
1775] ADMINISTRATIOlSr OF GOVEENOR FRANKLIN. G21
dress of both Houses of Parliament on the 7th of Feb-
ruary, how much Attention His Majesty was gra-
ciously pleased to give to the Assurance held out in
that Address, of the Readiness of Parliament to afford
every just and reasonable Indulgence to the Colonies;
whenever they should make a proper Application on
the Ground of any real Grievance they might have to
complain of. This Address was accordingly soon after
followed by the Resolution of the House of Commons
now laid before you. A Circumstance which afforded
His Majesty great Satisfaction as it gave Room to hope
for a happy Effect, and would, at all Events, ever re-
main an Evidence of their Justice and Moderation, and
manifest the Temper which has accompanied their
Deliberations upon that Question which has been the
Source of so much Disquiet to the King's Subjects in
America.
His Majesty, ardently wishing to see a Reconcilia-
tion of the unhappy Differences by every Means thro'
which it may be obtained, without Prejudice to the
just Authority of Parliament, which His Majesty will
never suffer to be violated, has approved the Resolu-
tion of his faithful Commons, and has commanded it
to be transmitted to the Governors of his Colonies, not
doubting that this happy Disposition, to comply with
every just and reasonable Wish of the King's Subjects
in America, will meet with such a Return of Duty and
Affection on their Part, as will lead to a happy Issue
of the present Dispute, and to a Re-establishment of
the publick Tranquility on those Grounds of Equity,
Justice and Moderation wiiich this Resolution holds
forth.
What has given the King the greater Satisfaction in
this Resolution, and the greater Confidence in the good
Effects of it, is his having seen that, amidst all the In-
temperance into which a People, jealous of their Liber-
ties, have been unfortunately misled, they have never-
632 ADMINISTRATION OF GOVEENOK FRANKLIN. [1775
theless avowed the Justice, the Equity, and the Pro-
priety of Subjects of the same State contributing, ac-
cording to their Abilities and Situation, to the publick
Burdens, and this Resolution it is thought holds no
Proposition beyond that.
It would probably be deemed unjust to suppose that
any of the King's Subjects in the Colonies can have so
far forgot the Benefits they have received from the
Parent State as not to acknowledge that it is to her
Support, held forth at the Expence of her Blood and
Treasure, that they principally owe that Security
which hath raised them to their present State of Opu-
lence and Importance. In this Situation, therefore,
Justice requires that they should, in Return, contrib-
ute according to their respective Abilities to the Com-
mon Defence ; and their own Welfare and Interest de-
mand that their Civil Establishment should be sup-
ported with a becoming Dignity.
It has been the Care, and it is the firm Determina-
tion of Paiiiament, to see that both these Ends are
answered, and their Wisdom and Moderation have
suggested the Propriety of leaving to each Colony to
judge of the Ways and Means of making due Provis-
ion for these Purposes, reserving to themselves a dis-
cretionary Power of approving or disapproving what
shall be offered.
The Resolution neither points out w^hat the Civil
Establisliment should be, nor demands any specific
Sum in Aid of the publick Burdens. In both these
Respects it leaves full scope for that Justice and Lib-
erality which may be expected from Colonies, that,
under all their Prejudices, have never been wanting
in Expressions of an affectionate Attachment to the
Mother Country, and a zealous Regard for the general
Welfare of the British Empire, and therefore the King
trusts that the Provision they will engage to make for
the Support of Civil Government will be adequate to
1775] ADMINISTRATION' OF GOVERISrOR FRANKLIK. 633
the Rank and Station of every necessary Officer, and
that the Sum to be given in Contribution to the Com-
mon Defence will be offered on such Terms, and pro-
posed in such a Way, as to iyicrease or diminish ac-
cording as the publick Burdens of Great-Britain are
from Time to Time augmented or reduced, in so far
as those Burdens consist of Taxes and Duties which
are Not a Security for the National Debt.
By such a Mode of Contribution the Colonies will
have full Security that they can never be required to
tax themselves without Parliament's taxing the Sub-
jects in Great Britain in a far Greater Proportion,
and it may be relied upon that any Proposition of this
Nature made by any of the Colonies, and accompanied
with such a State of their Faculties and Ability as
may evince the Equity of the Proposal, will be re-
ceived with every possiJjle Indulgence; provided it be
at the same Time unaccompanied with any Declara-
tions, and unmixed with any Claims which will make
it impossible for the King, consistently with his own
Dignity, or for Parhament, consistently with their
Constitutional Rights, to receive it. But it is not sup-
posed that any of the Colonies will, after this Exam-
ple of the Temper and Moderation of Parliament,
adopt such a Conduct; on the contrary, the pleasing
Hope is cherished that the Public Peace will be re-
stored, and that the Colonies will enter into the Con-
sideration of the Resolution of the House of Commons
with that Calmness and Deliberation which the Im-
portance of it demands, and with that Good- will and
Inclination to a Reconciliation which are due to the
Candour and Justice with which Parliament has taken
up this Business and at once declared to the Colonies
what will be ultimately expected from them.
It has been already observed, that the King entirely
approves the Resolution of the House of Commons,
and I have His Majesty's Commands to say, that a
624 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Compliance therewith by the General Assembly of
New Jersey will be most graciously considered by His
Majesty, not only as a Testimony of their Reverence
for Parliament, but also as a Mark of their Duty and
Attachment to their Sovereii^n, who has no Object
nearer to his Heart than the Peace and Prosperity of
his Subjects in every Part of his Dominions. At the
same Time, I must tell you, His Majesty considers
himself as bound by every Tie to Exert tliose Means
the Constitution has placed in his Hands, for preserv-
ing that Constitution entire, and to resist with Firm-
ness every Attempt to violate the Rights of Parlia-
ment, to distress and obstruct the lawful Commerce
of his Subjects, or to encourage in the Colonies Ideas
of Independence inconsistent with their Connexion
with Great-Britain.
Here, Gentlemen, you have a full and candid State
of the Disposition and Expectations of His Majesty
and the Parliament. They require nothing of America
but what the Colonies have repeatedly professed them-
selves ready and willing to perform. A late Assembly
of this Province in their Petition to the King in 176(5
express themselves thus, "As no Danger can approach
' Britain, without giving us the most sensible Alarm,
' so your Majesty may be assured, that with filial
' Duty we shall ever be ready to afford all the Assist-
' ance in our Power, and stand or fall with that King-
' dom, from which we boast our Descent, and to which
' we are attached by the strongest Ties of Duty, Grati-
' tude and Affection" And in a subsequent Petition they
say, ^' Very far a is fiora our Intentions to deny our
' Subordination to that august Body [the Parliament]
' or our Dependance on the Kingdom of Great-Brit-
' aiu : In these Connexions, and in the Settlement of
' our Liberties, under the auspicious Influence of your
' Royal House, we know our Happiness consists: and
' therefore to confirm those Connexions, and to
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. G25
" strengthen this Settlement, is at once our Interest,
" Duty and Dehght."
Similar Declarations have been repeatedly made in
other Colonies. The following Vote was passed in the
Assembly of Pennsylvania many Years ago, to ivit,
" The House taking into Consideration the many Taxes
" their Fellow Subjects in Great-Britain are obliged
" to pay towards supporting the Dignity of the Crown,
" and defraying the necessary and Contingent Charges
" of Grovernment, and ivilling to demonstrate the Fi-
"delity. Loyalty and Affection of the Inhabitants of
''this Province to our gracious Sovereign, by bearing
" a Share of the Burden of our Fellow Subjects, pro-
^'' ])ort ion able to our Circumstances, do, therefore,
" cheerf uUy and unanimously resolve. That Three
" Thousand Pounds be paid for the Use of the King,
" his Heirs and Successors, to be applied to such Uses
"as he, in his Royal Wisdom, shall think fit to direct
" and appoint." And the said 3000 Pounds was after-
wards paid into His Majesty's Exchequer by the Agent
of the Province accordingly.
Nor can I avoid mentioning what was done in the
Convention of Committees from every County in
Pennsylvania, who met in July last for the express
Purpose of giving Instructions to their Representa-
tives in Assembly on this very Subject. Several of
these Instructions manifest such a Candor and Liber-
ality of Sentiment, such just Ideas of the Importance
of our Connexion with Great Britain, and point out
so rational a Method to be pursued for obtaining Re-
dress for the supposed Grievances (previous to any At-
tempts to distress the Trade of that Kingdom) that it
is greatly to be regretted that the Conduct of America
in a Matter of such vast Importance to its future Wel-
fare, had not been regulated by the Principles and
Advice they suggested. In those Instructioiirf, speak-
ing of the Powers Parliament had claimed and lately
10
626 ADMINISTRATION OF GOVERNOR FEANKLIN. [1775
exercised, the Convention say, '' We are thoroughly
' ' convinced they will prove unfailing and plentiful
"Sources of Dissentions to our Mother Country and
"these Colonies, unless some Expedients can be
' ' adopted to render her secure of receiving from us
"every Emolument that can in Justice and Reason be
"expected, and us secure in our Lives, Properties,
" and an equitable Share of Commerce. Mournfully
"revolving in our Minds the Calamities, that, arising
" from the Dissentions, will most probably fall on us
' ' and our Children, we will now lay before you the
^^ particular Points we request of you to procure, if
"possible, to be finally decided; and the Measures
' ' that appear to us most likely to produce such a desir-
"able Period of our Distresses and Dangers." Then,
after enumerating the particular Acts of Parliament
which they consider as Grievances, and desire to have
repealed, they add, ' ' In case of obtaining these Terms,
"it is our Opinion, that it will be reasonable for the
"Colonies to engage their Obedience to the Acts of
" Parliament, commonly called the Acts of Naviga-
"tion, and to every other Act of Parliament declared
" to have Force, at this Time, in these Colonies, other
" tlian those above-mentioned, and to confirm such
" Statutes by Acts of the several Assemblies. It is
"also our Opinion, that taking Example from our
"Mother Country in abolishing the Courts of Wards
" and Liveries, Tenures in Capite, and by Kiiighfs
' ' Service and Purveyance, it wiU be reasonable for
" the Colonies, in case of obtaining the Terms before
" mentioned to settle a certain annual Revenue on His
"Majesty, his Heirs and Successors, subject to the
" Controul of Parliament, and to satisfy all Damages
" done to the East-India Company. This our Idea of
"settling a Revenue, arises from a Sense of Duty to
"our Sovereign 3ndL of Esteem for our Mother Coun-
" try. We Knoiv and have/e/^ the Benefits of a sub-
1775] ADMINISTKATION OF GOVERNOR FRANKLIN. 627
ordinate Connexion with her. We neither are so
stupid as to be ignorant of them, nor so unjust as to
de7iy them. We have also experienced the Pleas-
ures of Gratitude and Love as well as Advantages
from that Connexion. The Impressions are not yet
erased. We consider her Circumstances with tender
Concern. We have not been wanting, when con-
stitutionally called upon, to assist her to the utmost
of our Abilities; insomuch that she has judged it
reasonable to make us Eecompences for our over-
strained Exertions: And we now think we oaght
to contribute more than we do to the Alleviation of
her Burdens. Whatever may be said of these Pro-
posals on either Side of the Atlantic, this is not a
Time either for Timidity or Rashness. We per-
fectly know that the great Cause now agitated, is
to be conducted to a happy Conclusion, only by that
well tempered Composition of Counsels, which
Firmness, Prudence, Loyalty to our Sovereign, Re-
spect to our Parent State, and Affection to our Na-
tive Country, united must form." — In Case of War,
or in any Emergency of Distress, we shall also be
ready and willing to contribute all Aids within our
Power. And we solemnly declare, that on such Oc-
casions, if we or our Posterity shall refuse, neglect
or decline thus to contribute, it will be a mean and
manifest Violation of db plain duty, and a weak and
wicked Desertion of the true Interests of this Pro-
vince, which ever have been and must be bound up
in the Prosperity of our Mother Country. Our Union,
founded on nmfual Compacts and mutual Ben-
efits, wiU be indissoluble, at least more firm than an
Union perpetually disturbed by disputed Rights and
retorted Injuries."' I could quote several more Pas-
ages from these Instructions which are expressive
of the same honest and generous Sentiments with Re-
gard to Great- Britain, but I shall only make one
638 ADMINISTRATION" OF GOVERNOR FRANKLIN. [17?5
more Extract, and that respecting the Mode which
they recommended to be pursued for the Eedress of
Grievances, viz. "But other Considerations have
Weight with us. We weigh every Mark of Eespect
to be paid to His Majesty's Administration. We
have been taught from our Youth to entertain ten-
der and brotherly Affections for our Fellow Subjects
at Home. The Interruption of our Commerce must
greatly distress great Numbers of them. This we
earnestly desire to avoid. We therefore request,
that the Deputies you shall appoint may be in-
structed to exert themselves at the Congress, to in-
duce the Members of it to consent to make a full
and precise State of Grievances, and a decent, yet
firm Claim of Eedress, and to wait the Event, be-
fore any other Step is taken. It is our opinion that
Persons should be appointed and sent Home to pre-
sent this State and Claiai at the Court of Great-
Britaiii." After mentioning their Confidence in
the intended general Congress, and their Eesolution
to abide by their Determinations for the Sake of
Unanimity, they declare that it is with a strong
' ' Hope and Trust that they will not dratv this Pro-
" viyice into any Measure judged by us, who must be
"better acquainted with its State than Strangers,
''"highly inexpedient. Of this Kind, we kno^v any
"other Stoppage of Trade, but of that with Great-
" Britain, will be. Even this Step, we should be ex-
' ' t7'emely afflicted to see taken by the Congress before
" the other Mode above pointed out is tried.-'
Happy would it have been at this Day, in all Prob-
abihty, if some such healing Measures had been pur-
sued. Some Plan of Union or Proposal of "a mutual
Compact" for "mutual Benefit" was the grand Ob-
ject which every honest Man in the Colonies had at
Heart. An imperfect one (if not too glaringly so) was
better than none, as it would, if it had answered no
1775] ADirilNj-lSTRATIOlSr of GOVRRN'OR FRAISTKLIN". 6.29
other Purpose, have laid a Foundation for Negotiation
and Treaty. It has been lately obsei'ved in Parlia-
ment, "That it does not appear the Colonies were
" seriously inclined to come into any reasonable Terms
"of Accommodation, as nobody was authorized to
" make any Proposals to that Effect.''
However, it can be of little Avail now to animad-
vert on past Transactions. Who has been most in
the right or most in the wrong can never be satisfac-
torily decided. Many Things will ever happen, in the
Course of a long continued Dispute, which good Men
of both Parties must reflect on with Pain, and wish to
have buried in Oblivion. In the present Situation of
Affairs we should only look forward, and endeavour
to fall on some Expedient that may avert the impend-
ing Danger. To effect this desirable Purpose a Plan
is now formed, and recommended to you by His Ma-
jesty, containing Terms greatly corresponding with
the avowed Sentiments of many of the Colonies, and
which, I think, can only want to be rightly under-
stood in order to be generally adopted: It does not
require from the People of this Country any formal
Acknowledgment of the Right of Taxation in the Par-
liament. It waves all Dispute on that Head, and sus-
pends the Exercise of it for ever, if so long the Col-
onies shall perform their Part of the Compact. It
does not even require, as a Prehminary, that the Non-
Importation and Non-Exportation Agreements shall
be abolished. It comes before you in the old accus-
tomed Manner, by Way of Requisition, being ap-
proved and adopted by the King, who has directed his
several Governors to signify to the respective Assem-
blies his Desire that they should grant such Aids for
the Common Defence, and the Support of Govern-
ment within the Colonies, as shaU appear to them just
and equitable, and proportionate to their Abilities.
His Majesty and the Parliament, 'tis true, are to judge
630 ADMlNISTEATtO]Sr OF GOVERNOR FRANKLIN. fl775
whether the Aids which each Colony may offer are
worth Acceptance, or adequate to their respective
Abihties, as they did during the Course of the last
War, very much to the Satisfaction of those Colonies
who exerted themselves, often making them a Com-
j)ensation " according as their active Vigour and stren-
" uous Efforts respectively appeared to merit." The
Necessity of some such Supreme Judge is evident
from the very Nature of the Case, as otherwise some
Colonies might not contribute their due Proportion.
During the last War, I well remember, it was ar-
dently wished by some of the Colonies that others,
who were thought to be delinquent, might be com-
pelled by Act of Parliament to bear an equal Share of
the publick Burdens. It appears by the Minutes of
Assembly, in March and April 1758, that some of the
neighbouring Colonies thought New- Jersey h.a,d not at
that Time contributed its due Share towards the Ex-
pences of the War, and that President Reading (the
then Commander in Chief of the Colony) was of the
same opinion. And since my Administration, when
the Assembly in 1764 was called upon to make Provis-
ion for raising some Troops on Account of the Indian
War, they declined doing it for some Time, but "on
Condition a Majority of the Eastern Colonies, as far
as to include Massachusetfs-Bay, should come into
His Majesty's Requisition on the Occasion." But. as
none of the Assemblies of the New -England Govern-
ments thought themselves nearly concerned, nothing
w^as granted by them; and the whole Burden of the
Expeditions then carried on fell upon Great-Britain
and three or four of the middle Colonies; with which
this Colony was dissatisfied, and the Assembly com-
plained of it in one of tlieir Addresses to me on the
Occasion. — But what fully Evinces that there is no
Design of Oppression or Extortion in the proposed
Reservati<)n in His Majesty and his Parliament of the
1775] x\,DMINISTRATiON OF GOVERNOR FRANKLIN. 631
Right of approving the Aids which may be offered by
the Colonies, is, His Majesty's gracious Assurance
that the Propositions on this Head will be received
with every possible Indulgence. — The Monies raised
by the several Colonies as their Proportion to the com-
mon Defence is made subject to the Disposal of Parlia-
ment, as in Justice it ought, as they furnish the wliole
Sum which may be wanted for that necessary Purpose,
according to the Estimates annually laid before them
by the Crow^n, besides making Provision for the Civil
List and National Debt, towards which the Colonies
are not asked to contribute. The Army and Navy
Establishment it is well known is necessarily increased
since the Extension of the British Dominions in
America. The whole American Civil and Military
Establishment, as paid by Great-Britain, after the
Peace of Aix la Chapelle was, it is said, only £TO,OUO
Sterling; but since the last Peace it amounts to up-
wards of £350, 0(30. As this great additional Expence
was chiefly incurred on an American Account, it can-
not but be reasonable that America should pay some
Part of it. To remove every Objection that other
Taxes may be raised upon America, under the Colour
of Regulations on Commerce, the Produce of all such
Duties is to be carried to the Account of that Province
where it is to be levied.
We have now, thank Heaven, a happy Opportu-
nity of getting entirely rid of this unnatural Contest,
by only complying with what, I think, has been fully
proved and acknowledged to be our indispensable
Duty. Wherever a Peoj^le enjoy Protection, and the
other common Benefits of the State, nothing can be
more reasonable than that they should bear their
Share of the common Burden.
It is much to be lamented that there is so much
Truth in the Observation, That Mankind generally act
not according to Right, but according to present In-
632 ADMINISTRATION" OF GOVERNOR FRANKLIN. [1775
terest, and most according to present Passion. In the
present Case, there are no Difficulties but what may
Ibe easily surmounted, if Men come together sincerely
disposed to serve their Country, unbiased by any sinis-
ter Views or improper Resentments. This, Gentle-
men, I trust, will be found to be your Disposition in
this most alarming Situation of publick Affairs. Let
me conjure you, however, not to come to any precipi-
tate Resolutions respecting the Plan of Accommoda-
tion now communicated to you. I have no Objection
to give you any Time you may think necessary for the
due Consideration of it. It is, indeed, a Concern of a
more interesting Nature than ever before came under
the Consideration of an American Assembly. If it is
adopted, aU will yet be well. If it is totally rejected,
or nothing similar to it proposed, or made the Basis
of a Negotiation, it will necessarily induce a Belief of
what has been lately so often mentioned in Publick,
" That it is not a Dispute about Modes of Taxation—
"but that the Americayis have deeper Views, and
" mean to throw off all Dependance upon Great-Brit-
' ' ain, and to get rid of every Controul of their Legis-
" lature." Should such Sentiments ever prevail, they
cannot but have the most fatal ICffects to this Coun-
try. I am, however, fully convinced that the Body of
the People in the Colonies do not even enteitain a
Wish of the Kind. Rather than lose the Protection
of Great-Britain, America, were it ever so constitu-
tionally and allowedly independent, would find it for
its Advantage to purchase that Protection at an Ex-
pence far beyond what Great-Britain would ever
think of requiring while we show her that Regard and
Obedience to which she is justly entitled, and which
our own Interest and Safety should prompt us to
shew if there were no other Considerations.
Taxation being the principal Source of the present
Disorders, when that important Point is once settled.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 633
every other Subject of Complaint which has grown
out of it will, no Doubt, of Course be removed. For you
may rely, Gentlemen, that notwithstanding the many
inimical and oppressive Designs which the Jealous-
ies and Suspicions of incensed People have attributed
to Government, yet it is evident from the whole Tenor
of the Letters which I have had the Honour to receive
from the King's Ministers, that His Majesty and They
have nothing more at Heart than to have these un-
happy Differences accommodated on some just and
honourable Plan, which shall at the same Time secure
the Liberties of the People without lessening the nec-
essary Power and Dignity of Parliament.
God grant that tlie Colonies may manifest the same
laudable Disposition, and that a hearty Eeconciliation
and Harmony may take the Place of the present Con-
fusion and Dissention.
VVm. Franklin.
Council Chamber May 10, 1T75.
To His Excellency Yf illiam Franklin Esquire,
Captain General, Governor and Comman-
der in Chief in and over His Majesty's Col-
ony of Nova-CsBsarea or New Jersey, and
Territories thereon depending in America,
Chancellor and Vice Admiral in the same
&c—
The Plnmble Address of the Representatives
of the said Colony in General Assembly con-
vened.
May it i^lease Yom^ Excellency.
We, His Majesty's loyal and dutiful Subjects, the
Representatives of the Colony of New- Jersey in Gen-
G34 ADMlNlSTUATtOlsr OF GOVERNOE FRANKLIN. [1775
eral Assembly convened, have taken under our Con-
sideration Your Excellency's Speech at the Opening
of the Session, together with the Resolution of the
House of Commons accompanying the same, contain-
ing a Proposition for accommodating of the unhappy
Differences at present subsisting between our Parent
Country and the Colonies.
As the Continental Congress is now sitting to con-
sider of the present critical Situation of American Af-
fairs, and as this House has already appointed Dele-
gates for that Purpose, we should have been glad that
Your Excellency had postponed the present Meeting
until their Opinion could be had upon the Resolution
now offered for our (Consideration, and to which we
have no Doubt that a proper Attention will be paid,
more especially as we cannot suppose you to entertain
a Suspicion that the present House has the least Design
to desert the Common Cause, in which all America
appears to be both deeply interested and firmly united^
so far as separately and without the Advice of a Body,
in which all are represented, to adopt a Measure of so
much Importance. Until this Opinion is known we
can only give Your Excellency our present Sentiments,
being fully of Opinion that we shall pay all proper
Respect to, and abide by, the united Voice of the Con-
gress on the present Occasion.
Your Excellency is pleased to tell us, That this Reso-
lution "has had a Variety of Interpretations put on
it." — "that scarcely any have seen it in its proper
Light " — and you proceed to give us tliat Explanation
of the Design and Occasion which you apprehend will
enable us and our Constituents to judge how far the
Plan it contains ought to be acquiesced in, and what
Steps it may be prudent to take in the present Situa-
tion. We confess that Your Excellency has put a
Construction on the Proposition which appears to us
to be new and if we could be of the Opinion that the
1775] ADMINISTRATION OF fiOVERNOK FRANlvLIN. 035
Eesolution ''holds no Proposition beyond the avowal
of the Justice, the Equity and the Propriety of Sub-
jects of the same State, contributing according to their
Abilities and Situation to the publick Burden," and did
not convey to us the Idea of submitting the Disposal
of all our Property to others in whom we have no
Choice, it is more than probable that we should gladly
embrace the Opportunity of settling this unhappy
Dispute.
Most Assemblies on the Continent have, at various
Times, acknowledged and declared to the "World their
Willingness-, not only to defray the Charge of the
Administration of Justice and the Support of the Civil
Government, but also to contribute, as they have hith-
erto done, when constitutionally called upon, to every
reasonable and necessary Expence for the Defence,
Protection and Security of the whole British Empire;
and this Colony in particular hath always complied
with His Majesty's Requisitions for those Purposes:
And we do now assure Your Excellency that we shall
always be ready, according to our Abilities, and to the
utmost of our Power, to maintain the Interests of His
Majesty and of our Parent State. If then your Excel-
lency's Construction be right, and if a Proposal ' ' of
this Nature " will, as you are pleased to inform us, be
received by His Majesty with every possible Indul-
gence, we have Hopes that the Declaration we now
make will be looked on by His Majesty and his Minis-
ters not only to be similar to what is required from us,
but also to be a " Basis of a Negotiation '' on w^hich
the present Differences may be accommodated — An
Event which we most ardently wish for.
We have considered the Resolution of the House of
Commons — We would not wish to come to a Determi-
nation that might be justly called precipitate in the
present alarming Situation of Affairs — But, if we mis-
take not, this Resolution contains no new Proposal;
636 ADMINISTRATION OP OOVEENOR FRANKLIN. [1775
It appears to us to be the same with one made to the
Colonies the Year preceding the passing of the late
Stamp Act, at least it is not materially different there-
from. America then did not comply with it, and though
we are sincerely disposed to make use of all proper
Means to obtain the Favour of His Majesty and the
Parliament of Great-Britain, yet we cannot, in our
present Opinion, comply with a Proposition which we
really apprehend to give up the Privileges of Freemen;
nor do we want any Time to consider whether we
shall submit to that which, in our Apprehension, will
reduce us and our Constituents to a State httle better
than that of Slavery.
By the Resolution now offered, if assented to, we
think we shall be to all Intents and Purposes as fully
and effectually taxed by our Fellow Subjects in Great-
Britain, where we have not any Representation, as by
any of the late Acts of the British Parliament, under
which we have been aggrieved — of which we have com-
plained— and from which we have prayed to be relieved,
and that too in a much greater Degree, perhaps, than
by all those Acts put together. We cannot consent to
subject the Property of our Constituents to be taken
away for Services and Uses, of the Propriety of which
we have no Right to judge, while to us are only left
the Ways and Means of raising the Money. We have
always thought and contended that we had a Right to
dispose of our Property ourselves, and we have always
cheerfully yielded our Assistance to His Majesty in
that Way, when the Exigencies of Affairs required us
so to do and he has condescended to ask it from us. It
is the Freedom of Gyanting, as well as the Mode of
raising Monies which this House cannot voluntarily
part with without betraying the just Rights of the
Constitution. The present Resolution seems to require
us to raise a Proportion which a Parhament of Great-
Britain may at any Time think fit to grant. At this
I
1775] ADMINISTRATION OF GOVEKNOR FRANKLIN. 637
Time we cannot form any Judgment, either of the
Extent of the Proposition, or of the Consequences in
which the good People of the Colony may be involved
by our Assent to a Provision so indeterminate; for it
appears to us to be impossible to judge what Propor-
tion or Share the People can bear until we know what
Situation they will be in when any Sum is intended to
be raised. — Upon the Whole, though sincerely desir-
ous to give every Mark of Duty and Attachment to
the King, and to shew all due Reverence to the Parlia-
ment of our Parent State, we cannot, consistent with
our real Sentiments, and the Trust reposed in us, as-
sent to a Proposal big with Consequences destructive
to the pubhck Welfare; and hope that the Justice of
our Parent Country will not permit us to be driven
into a Situation the Prospect of which fiUs us with
Anxiety and Horror.
There may be much Truth in the Observation ' ' that
Mankind generally act, not according to Right, but
according to present Interest, and most according to
present Passion." Yet we trust that our Conduct, on
the present Occasion, is neither influenced by the one
or the other; and we persuade ourselves that Your
Excellency is so weU acquainted with the People you
govern, that it is quite unnecessary for us to make use
of any Means to convince you of the Injustice of the
Charge "that the Americans have deeper Views, and
"mean to throw off all Dependence on Great-Britain,
" and to get rid of every Control of their Legislature."
We heartily pray that the Supreme Disposer of
Events, in whose Hand are the Hearts of all Men,
may avert the Calamities impending over us, and in-
fluence our Sovereign, his Ministry and the Parlia-
ment, so as to induce them to put a Stop to the Effu-
sion of the Blood of the Colonists, who wish always to
look upon their Fellow Subjects in Britain as their
Brethren, and are really desirous to promote their in-
638 ADMlNISTRATIOJSr OF GOVERNOR FRANKLIN. [1775
terest and Happiness upon any reasonable Terms; and
it will give us great Pleasure to find Your Excel-
lency amongst those v^^ho, by just and proper Repre-
sentation of the Dispositions of the Inhabitants of
these Colonies, shall assist in settling of the present
unhappy Differences,
By Order of the, House,
Cortland Skinner, Speaker.
House of Assembly May 19, 1775
His Excellency's Answer.
Gentlemen
I have done my Duty. I lost no Time in laying be-
fore you the Propositions I had received for an ami-
cable Accommodation of the present unhappy Differ-
ences, I gave you as full aud candid an Explanation
of them as I vv^as authorized or enabled to do.
Whether those Propositions, or my Explanation of
them, did or did not contain anything new is but little
to the Purpose, The Question is, whether they ought
or ought not to be approved, either in Whole or in
Part, or be made the Ground of a Negotiation; and
whether, in the latter Case, every Assembly on the
Continent ought not to take some active Measures to
effect an End so desirable. In stating the Matter to
you, I could have no suspicion that you did not think
yourselves competent to the Business, and were neces-
sarily to wait the Determination of another Body. It
was but the last Session that you assured me that you
would not "suffer any of the Rights vested in you by
the Constitution to be wrested out of your hands by
any Person or Persons whatsoever." I shall forbear
to point out the Inconsistency of this Address with
that Declaration, Nor shall I aim to convince you of
the wrong Ideas you have formed of those Proposi-
tions. Were they ever so rightly understood, or ever
1775] ADMINISTRATIOISr OF GOVERNOR FRANKLIN. 639
SO well approved by you, yet, to judge by your own
Declarations, it could be of no Avail. The Times are
indeed greatly altered. I shall be happy to see some
proper Attempts to mend them. My Representations
and Endeavours from the first Commencement of this
unnatural Dispute to this Day, have not been nor
shall they ever be wanting towards effecting a Recon-
ciliation. I am persuaded that if a Disposition of this
Sort is manifested, and the proper Steps are pursued
by those who have it in their Power to take the Lead
in this important Affair on the Part of America, it
may be easily accomplished to mutual Satisfaction.
His Majesty, I am sure, would wish to avoid the Shed-
ding of the Blood of His American, as much as tliat
of His British Subjects. They must be all equally
dear to him if they are equally dutiful. The Ameri-
cans in general have been, and I hope will ever prove
as well disposed to His Majesty and His Family as the
Subjects of any other Part of the Dominions.
Copy of a Resolution, Association, and Circular
Letter of the Provincial Congress of New-
Jersey May 31. 1775. (N. 4.)
New Jersey. Trenton.
In Provincial Congress May 3 If 1775.
Resolved,
That Copies of the association be immediately sent
to the committees of observation or Correspondence
in the several counties of this Province, which have
not already associated in a similar manner, in order,
that the same may be signed by the several inhabi-
tants, accompanied with a Letter from the President.
640 ADMINISTRATION OF GOVERNOR FRANKLIN". [1775
In Provincial Congress Trenton June 1'.' 1775.
Gentlemen.
Anxiously desirous to promote as far as possible an
Union among the Inhabitants of this Colony. We
have thought proper to recommend to them the en-
closed association, which we desire may be immedi-
ately signed by the good people of your Township. —
That at a time when our most valuable Priviledges
are invaded, we may, in a uniform manner, make our
defence, And prevent the Evils to which our unhappy
Situation Exposes Us. —
(Signed) Hend" Fisher. President
To the Committee of observation for the Township of
in the County of- —
We the Subscribers, Freeholders and Inhabitants of
the township of in the County of & Province of
New Jersey, having Long Viewed with Concern the
avowed design of the Ministry of Great Britain to
raise a Revenue in America; being deeply affected
with the Cruel hostilities already commenced in Mas-
sachusetts Bay for carrying that arbitrary Design into
execution; Convinced that the rights and privileges of
America depends, under God, on the firm Union of its
Inhabitants, Do, with hearts Abhorring Slavery, and
ardently wishing for a Reconciliation with our Parent
State on Constitutional Principles, solemnly Associate
and Resolve, under the sacred Ties of Virtue, Honour
and Love to our Country, that we will personally,
And, as far as our Influence extends, endeavour to
sup2)ort and carry into execution whatever measures
may be recommended by the Continental and Provin-
cial Congress for defending our Constitution, and pre-
serving the same inviolate.
We Do also further Associate and agree, as far as
shaU be consistent with the measures adopted for the
preservation of American Freedom, to support the
1775] ADMINISTRATIOK OF GOVERNOR FRANKLIN. 641
Magistrates and other Civil Officers in the execution of
their duty agreeable to the Lav^s of this Colony, and
to observe the directions of our Committee acting ac-
cording to the Resolutions of the afforesaid Conti-
nental and Provincial Congresses, firmly determined
by all means in our power to guard against those Dis-
orders and Confusions to which the pecuUar circum-
stances of the times may expose Us.
Copy of an Act of the Assembly of Connecticut
respecting the Prisoners made at Ticonde-
roga & Crown Point.
Colony of Connecticut
An7io regni Regis Georgii tertio 15*"
At a General assembly of the Governor and com-
pany of the english colony of Connecticut in New
England in America, holden at Hartford on the sec-
ond thursday in May Anno Dom: 1775.
Whereas there is convincing evidence that a design
is form'd by the british ministry, of making a cruel
invasion from the province of Quebec upon the north-
ern colonies for the purpose of destroying our lives
and liberties, and some steps have actually been taken
to carry said design into execution, and whereas sev-
eral inhabitants of the northern colonies, residing in
the vicinity of Ticonderoga, immediately exposed to
incursions impell'd by a just regard for the defence
and preservation of themselves and their countrymen
from such imminent dangers & calamities, have taken
possession of that post, and of Crown point in which
were lodged a quantity of cannon and mihtary stores,
that would certainly have been used in the intended
invasion of these colonies, and have also taken into
their custody a number of officers & soldiers, who
were keeping and holding said posts, and of their own
motion have sent them into this colony, and as this
41
042 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
colony has no command of said posts, now in the pos-
session of people of several colonies, it is impractica-
ble for said officers & soldiers to return to said posts,
and the dictates of humanity require that said officers
and soldiers with their families, should be provided
for, and supported while they remain in this colony
it is therefore Resolved by this assembly that Col:
Erastus Wollcott &c. &c. be and they are hereby ap-
pointed a committee, and they are order'd and in-
structed at the expence of this colony to take care of
and provide for said officers and soldiers with their
famiUes at present, and see that they be treated with
humanity kindness & respect according to their rank
& station, and encourage assist & advise said soldiers
in procu-ring such profitable labour, and business as
they may be capable of wherever said soldiers can
find persons willing to entertain and give them em-
ployment, untill by advice of the continental congress
(or otherwise) this assembly shall take further order
concerning them, and that the commander in chief
make a proper return under his hand to said commit-
tee of the Corps under his command.
George Wyllys Sec?'^
Letter from the Earl of Dartmouth to Gov. Franklin,
referring to the Congress in Philadelphia, and to
the Skirmish near Boston.
[Prom P. R. O. America and West Indies, Vol. 177 (195). 1
Whitehall 7'" June 1775
Governor Franklin
Sir
I have received and laid before the King your des-
patches of the 18*!' of Feb:'"^ 7"' of March and S"^ of
April N? 19, 20, & 21.
You may with Confidence rely on the Assurance I
1775] ADMINISTRATION OF ftOVEKNOR FRANKLIN. 643
have already given you that whatever you may trans-
mit of the nature you mention in N: 21, shall be com-
municated only to the King's Confidential Servants.
The present State of North America makes every
Intelligence of that sort, more and more Important;
and your continuing to transmit it to me is considered
as a mark of your Duty and Attachment to the King.
It is evident now that the appointment of Delegates
to the new Congress at Philadelphia could not have
been prevented by any measures in your power to pur-
sue, had it been otherways The King is persuaded
you would not have failed to have shewn your Zeal
on that Occasion.
We have received an Account through the Channel
of a private Ship sent on purpose, as we conceive, by
the Provincial Congress assembled in Massachusetts
Bay of a Skirmish between a Detachment of the King's
Troops and some Rebel provincials in the neighbour-
hood of Boston, this Account as you will readily be-
lieve is made up with a view to create alarm here and
answer the ends of faction; but as we have not yet
any Intelligence from General Gage I can only say
with great Satisfaction that it has failed of its Object
and has had no other Effect than to excite that just
Indignation that every honest Man feels at the Meas-
ures adopted in North America for supporting by Acts
of open Rebellion, a resistance to the Laws and
Authority of this Kingdom.
I am &c*
Dartmouth.
644 ADMlNISTRAflON OF GOVERNOR FRANKLIN. [1775
Letter from Gov. Franklin to the Earl of Dartmouth,
giving intelligence of the movement of troops iM
New Jersey and Philadelphia.
[From p. R. O. America & West Indies, Vol. 177 (195).]
Perth Amboy, July 4, 1775
The Eight Hon''.^^ the Earl of Dartmouth &c &c
My Lord,
I am honoured with your Lordship's Circular Dis-
patch of the 15*^ of April, and shall not fail to pay due
Attention and Ohedience to His Majesty's Pleasure
therein signified.
The State of Affairs in this Province continues much
the same as mentioned in my Dispatch (N° 23) sent hy
the last Packet. — It is reported that a Thousand of the
New Jersey Militia are ordered to march to the City of
New York, to join the Connecticut People now there
under the Command of one Wooster; but as this Re-
port has prevailed for some Days, and I can't learn
that any of our Militia appear to be in Motion, or are
making preparations for a March, I suspect it to be
premature.
I am just informed that 3(>0 Rifle-Men are to march
this Day from Philadelphia to join the New England
Army at Cambridge; and that they are soon to be fol-
lowed by 500 more. In short, ever since the Lexing-
ton Affair, as your Lordship will see by the public
papers. Hostile Measures seem to engross the Atten-
tion of the whole Continent. I know nothing of the
Proceedings of the Congress except what are pub-
lished. But a Gentleman who was lately at Philadel-
phia writes to me,
" I cannot hear of any Steps taken, or likely to be
1775] ADMINISTEATION OF GOVEENOR FRANKLIN. 645
"taken, towards an Accommodation of the Dispute
" between the two Countries, in an amicable Way.
" Every thing gives us a Prospect of the direct reverse."
I send herewith the Minutes of the Privy Council,
and Journals of the Legislative Council of this Prov-
ince, together with the Acts passed at the last Session.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient &
most humble Servant
W^' Franklin
Letter from the Earl of Dartmouth to Gov. Fra7iklm,
announcing the King^s determirtation to amsh the
rebellion, and that Gen. Gage and Admiral
Graves had received orders to exert the most vig-
orous efforts to this end.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall 5'.'^ July 1775.
Gov'' of New Jersey.
Sir,
Your Ideas of the Situation of the King's Affairs in
N? America, and of the fatal effects of General Gage's
Attempt at Concord, are perfectly just, and I really
believe that if that unfortunate event had not hap-
pened, just at the time that my letter of the 3'^ of
March was received by the Governors of the several
Colonies, each of those Colonies separately, or upon
some plan of communication, less dangerous than a
general Congress, would have been committed in such
a Consideration of the Resolution of the House of
G4G ADMINISTRATION OF GOVERNOK FRANKLIN. [1775
Commons of the 2o"' of Febry,' as would have led to
some plan of Accommodation
That happy moment of Advantage is lost, and in-
stead of Eeconciliation all N? America, except Quebec,
Nova Scotia, Georgia, & the Floridas, is in Arms
against Great Britain, & committed in Rebellion, that
menaces to overthrow the Constitution.
In this Situation therefore it is the King's firm Res-
olution that the most vigorous Efforts should be
made both by Sea and Land, to reduce His rebellious
Subjects to Obedience, & the proper measures are
now pursuing not only for augmenting the Army un-
der General Gage, but also for making such Addition
to Our Naval Strength in N? America, as may enable
Admiral Graves to make such a Disposition of his
Fleet, as that, besides the Squadron necessary for the
New England Station, there may be separate Squad-
rons at New York, within the Bay of Delaware, in
Chesapeak Bay, & upon the Coast of Carolina.
After what has passed there can be no doubt what
ought to be the Plan of Operations for the Squadron
upon the New England Station, & I think it necessary
to acquaint you, for your own Information, that Ad-
miral Graves will be instructed to exert the most vig-
orous efforts for suppressing the Rebellion now openly
avowed and supported in that Country, & to seize &
' The Resolution adopted February 20, 17V5, by the House of Commons, and so
often referred to in the foregoing coiTespondence. was as follows: ''Resolved, That
when the Governor, Council and Assembly, or General Court of any of his Maj-
esty's Provinces or Colonies in America, shall make provision according to the Con-
dition, Circumstances, and Situation of such Province or Colony, for contributing
their Proportion to the common Defence, (such Proportion to be raised imder the
Authority of the General Court, or General Assembly of such Pro%ince or Colony,
and disposable by Parliament,) and shall engage to make provision also, for the
support of the Civil Government, and the Administration of Justice in such Prov-
ince or Colony, it will be proper, if such Proposal shall be approved by his Majesty
and the Houses of Parliament, and for as long as such Provision shall be made ac-
cordingly, to forbear, in respect of such Province or Colony, to levy any Duty, Tax,
or Assessment, except only such Duties as it may be expedient to continue to levy,
or to impose for the Regulation of Commerce, the Nett Produce of the Duties last
mentioned to be carried to the Account of such Province or Colony respectively."
—Penn. Col. Records, X., 250.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 647
detain all Ships & Vessels belonging to the Inhabi-
tants thereof, such only excepted as are the property
of Persons who are friends of Government, & have
shewn an Attachment to the Constitution,
There is still some room to hojDe that the Colonies to
the Southward may not proceed to the same lengths
with those of New England, It is however his Majes-
ty's Intentions that the Commanders of the separate
Squadrons I have mentioned should be instructed to
prevent all Commerce between the Colonies within
their respective Stations, and any other places than
Great Britain, Ireland, or His Majesty's Islands in the
West Indies; That they should receive on board &
give protection to any Officers of the Crown who may
be compelled by the Violence of the people to seek for
such an Asylum, and to proceed as in the case of a
Town in actual Rebellion, against such of the Seaport
Towns, being accessible to the King's Ships, as shall
hereafter offer any violence to the King's Officers or
in which any Troops shall be raised, or military
Works erected, other than by His Majesty's Author-
ity, or any Attempts made to seize or plunder any
public Magazine of Arms or Ammunition.
With regard to the Plan of Operations to be adopted
by General Gage it must depend upon his own Judg-
ment and the opinion of the able Generals with him,
& therefore I have only to add that it is His Majesty's
express Command that you do exert every Endeavour
& employ every means in your power, to aid & sup-
port him & Admiral Graves in all such Operations as
they may think proper to undertake for carrying the
King's Orders into full Execution, and restoring the
Authority of His Majesty's Government.
[Dartmouth]
G48 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Letter from Gov. Franklin to the Earl of Dartmouth,
giving ifitelligence of the arrest of Major Philip
Skeene, and transmitting a resolution referring
thereto.
[From P. R. O. America and West Indies, Vol. 1V7 (195).]
Perth Amboy, July 5, 1T75
The Et. Hon''^*^ the Earl of Dartmouth
My Lord,
A few Days ago, I received a Letter from a Gentle-
man in Philadelphia, in which was the following Para-
graph, viz^ "You have no doubt heard of Major Skeene's
" Capture and Imprisonment. He is now on his Parol
"of Honour not to depart from the City more than
' ' eight Miles, nor to pass either of the Rivers Dela-
" ware and Schuylkill. Nothing of Consequence, I
" am told, was found with him. His Letters of Im-
" portance, 'tis said, he threw overboard. His Behav-
" iour has been very manly and firm."
Since the Receipt of the above mentioned Letter, a
Gentleman w^ho was lately in Philadelphia has deliv-
ered to me, at the Request of Major Skene (who he
said was not at Liberty to write) the three Papers en-
closed, marked 'N° 1, 2, 3, which he desired I might
forward by this Packet to your Lordship, The Gen-
'tleman likewise informed me that Major Skene desired
I would let your Lordship know that Governor Penn
told him he had laid his (the Major's) Letter before the
Council, who were of Opinion that as the Congress
had thought proper to take Cognizance of his Confine-
ment, and give Directions concerning it, it was not
advisable for the Governor to interfere. He has since
applied for Leave to go as far as New- York, but it is
1775] ADMIN-ISTRATION OF GOVERNOR FRANKLIN. G49
as yet uncer.tain whether the Congress will grant him
that Permission.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W" Franklin
Copies of the Resolution of the General Con-
gress respecting Major Skeene, And of a
Letter from him to Govf Penn, and Govf
Penn's Answer.
NM.
Resolution of the Continental Congress lO*? June
1775 at Philadelphia—
" That Governor Skeene be released from his pres-
" ent Confinement and Suffered to go at Large any
" where within Eight Miles of this City between Dela-
" ware & Schuylkill on his Parole of Honour aot to go
" without those Limits and that he will hold no Cor-
" respondence with any Person whatsoever on any
" political Subject."
a true Copy of the Resolution of the Congress
Christ. Gadson
Pursuant to the above Resolution of the Continental
Congress now sitting at Philadelphia I do hereby prom-
ise upon my being Released from my Confinement
under the Custody of Gentries as I now am to comply
strictly with the above terms
Philip Skeene
N°2.
Philadelphia the 24"^ of June 1775
Sir
In Obedience to my Royal Masters Commands, I
came to this Part of America, where to my very great
Astonishment, I was made a Prisoner & deprived of
G50 ADMINISTRATION OF GOVERNOE FRANKLIN. [1775
• my Liberty, as Soon as the Vessel came^ to Anchor
before the place of which you are the King's Repre-
sentative and Commander in Chief; His Majesty was
pleased to appoint me, His Lieu* Governor of the Forts
at Crown Point, & Ticonderoga, as well as Inspector
into the State of all lands belonging to the Crown,
within the District, of the Province of Quebec, and
that part of New York, which lies upon Lake Champ-
lain: I am honoured with the King's Instructions un-
der His Majesty's Eoyal Sign Manual, and by the Tenor
of my Warrant, all Governors, Lieu' Governors, Jus-
tices of the Peace, Constables and all other His Majes-
ty's Civil Officers within the Colonies & Plantations in
America, are to be aiding and Assisting to, and to pro-
mote & Encourage me, and my Deputy or Deputies,
in the due Execution of my and their Duty in all mat-
ters of my Warrant, as they shall Answer to the Con-
trary. Therefore in Justice to my Royal Master, your
Honor, and myself, I make Application to you, that
I may have Immediate Relief and be set at my Liber-
ty, Or Return to England the Place of my Nativity,
As I am certain that I have not transgressed any Law
of the Land.'
I have the honor to be Sir
Your most obed* Hum. Serv*
Philip Skeene
The Honble John Penn Esq'
N° 3.
Philadelphia 20"' June 1776
Sir
I have this Day received your Letter of the 24"' Ins*
acquainting me with your being made a Prisoner and
deprived of your Liberty: As I am most zealously
disposed to afford you every Relief in my Power, I
' Major Skeene was subsequently sent to Connecticut, and later was released and
sent to Canada. For a biograpliical sketch see N. Y. Col. Docs., Vm., 415.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 651
should be obliged to you if you will inform me in what
manner you are restrained, & by whom, that I may
take your case into Consideration. — I am just now
under the Necessity of going out of Town, and shall
return to morrow morning at a 11 °Clock
I am Sir your most obedient Hum Serv'
John Penn
The Honble Philip Skeene Esq- Lieu- Governor of
Crown Point &c.
Letter from the Earl of Dartmouth to Gov. Franklin,
approving the speech of the latter to the Assembly.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Whitehall 12"' July 1775.
Governor of New Jersey.
This letter serves to cover a Triplicate of my dis-
patch to you of the 5"' instant, & tho' I have not any
thing in command from the King further than what
is contained in that dispatch, I must not omit to ac-
quaint you that your Speech to the Assembly on the
1()"' of May is very highly approved of here.
It is very much to be lamented that they were not
in a temper to receive that favorable Impression it
was so well calculated to make; At the same time I
think it evidently appears from their answer that they
feel the force of your Arguments, & only with-held
their Concurrence from the fear of the Consequences
that would follow from the Appearance of separating
from the other Colonies.
I hope however that unfavorable as Our Prospects
are at present the time will come when Men of Sense,
& friends to Peace and good Order, will see the fatal
G52 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
Consequences of the Delusions which have led to the
Measures the People of America are now pursuing;
and that we may yet see the public Tranquility re-
established on the grounds of the terms held out in
the Resolutions of the House of Commons of the 20'?'
of February,
The notice which the Assembly has taken of the
publication, in the Parliamentary Register, of an Ex-
tract of one of your letters to me, is illiberal & unjust;
At the same time I cannot but observe that I have,
almost every day, some Occasion to regret the Neces-
sity which the King's Servants have been under of
exposing to the Public, thro' the Channel of the two
Houses of Parliament, a Correspondence that, for
every Consideration, ought to be secret & confidential.
[Dartmouth]
Letter from Gov. Franklin to the Earl of Dartmouth,
announcing that Congress had declared War, and
preparations luere in progress for carrying it on;
also inclosing a letter from Col. Coxe to Mr. Skiu-
7ier.
[From P. R. O. America and West Indies, Vol. 177 (195).]
Perth Amboy Aug"' 2*? 1775
Right Hon''.^'' Lord Dartmouth
Mfj Lord,
I am honoured with your Lordship's Circular Dis-
patch of the 22"? of May, mentioning the Death of the
Queen of Denmark, on which melancholy Occasion I
do most sincerely condole with your Lordship.
The same Disposition & the same Measures continue
as mentioned in my last. A formal Declaration has
been published by the Congress, & every preparation
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 653
made for carrying on a War which is in their Power,
the Particulars of which I need not mention as they
are printed in all the News-papers. —Enclosed is a
Copy of the Declaration, and also of a Letter which
M^ Skinner the Attorne}^ General received a few Days
ago from Col. Coxe one of the Members of His Majes-
ty's Council in this Colony. The latter will shew your
Lordship the Critical Situation the Officers of Govern-
ment are in, having no kind of Protection. It is true
that there are many Friends of Government still re-
maining in the several Provinces, but they are too
scattered to venture forming themselves into a Body,
especially as they have no places of Strength or Secur-
ity to resort to. — Not that I believe there are any of
the Gentlemen of the Country who would draw their
Swords in Support of Taxation by Parliament; but
there are many who would fight to preserve the Su-
premacy of Parliament in other respects, and their
Connexion with Great Britain, until some Constitu-
tion should be formed for America, consistent with
that idea, on just and equitable Principles. There is
indeed, a Dread in the Minds of many here, that some
of the Leaders of the people are aiming to establish a
Republic, rather than to submit to which we have
Thousands who would risk the loss of their Lives in
Defence of the old Constitution, and are ready to de-
clare themselves whenever they see a Chance of its
being of any Avail,
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Serv'
W" Franklin
054 ADMINISTRATION OF GOVERNOR fRANKLIN. [1775
Copy of a Letter from the Hon^'^'' Dan? Coxe,
Esq!' to Cortland Skinner, Esq?" Attorney
Gen! of N. Jersey.
Dear Sir
— "Such is the present infatuated Temper of the
Times, and the Minds of Men daily increasing in Mad-
ness and Phrensey, that they are ready to enter upon
the most daring and desperate attempts. — A pros-
tration of Law and Grovernment naturally opens the
Door for the hcentious and abandoned to exercise
every malevolent Inclination — what then have men of
Property not to fear and apprehend, and particularly
those who happen and are known to differ in senti-
ment from the generality ? They become a mark at
once for popular Fury, and those who are esteemed
Friends to Government devoted for Destruction. —
They are not even allowed to preserve a neutrality,
and passiveness becomes a Crime — Those who are not
for us are against us is the Cry, and Publick necessity
calls for & will justify their Destruction, both Life &
Property. In short those deemed Tories have every
thing to fear from the political persecuting Spirit now
prevailing — The Lex Talionis is talked of should Gen'
Gage exercise any Severity on those Prisoners lately
taken in forcing the Entrenchments on Bunker's Hill
and every man who may be deemed disaffected to the
present measures of America must make attonement
for their sufferings — This I can assure you is men-
tioned as a matter determined upon, and I doubt not
in the least of its being put in Execution should the
General proceed against those unhappy people as is
expected he will, in Terrorem. — This is an impending
Storm that ought, if possible, to be averted, and could
Genl. Gage but be informed of the probable, and, as I
really believe, a certain, consequence of such a pro-
1775 j ADMIKISTKATION OF GOVERNOR FRANKLIN". 655
ceeding, I should imagine it might, as it ought to, be
an inducement for him to suspend taking any present
measures against them, otherwise than as keeping
them safe as Prisoners. It is a matter of such import-
ance to all of us that I think the General should be
immediately advertised of it some how, but how is
the question? Was a safe communication open by the
Post I should not hesitate one moment to write to
him, but that is impossible I beheve. — I can think of
no better method than for the Governor to write, and
from whom it will come with more propriety, and,
perhaps, some opportunity may be known to or con-
trived by him that we are ignorant of this way. — I
write to you rather than the Governor as less suspic-
ious, and beg you will communicate to him my appre-
hensions, they are serious and ought to be attended to.
— If a Blow should be once struck anywhere, you
must know that it will be a sufiicient ^Drecedent to
carry it through, and must come to your own door as
well as your Friends and therefore think every pre-
caution should be taken to avei't the Horrid evil. I
entreat you then to attend to it while it is possible, or
perhaps it may be too late bye and bye. — Your own
prudence will dictate to you the propriety of keeping
this Letter to yourself should it get Safe to you a
Risque I must run by the Post as no other oppoi'tu-
nity offers.
I am D"^ Sir
Yours sincerely, in haste,
July 4*f 1775 D. C.
656 ADMINISTRATION OF fiOVERNOR FRANKLIN. [1775
Circular Letter from the Earl of Dartmouth to the
Governors in America, relative to employing His
Majesty'' s Ships in sending dispatches to England.
TFrom New York Colonial Documents, Vol. VIII., p. 63J.]
Whitehall 5 Sept'" 1775
As it is of great consequence to His Maj^^'' service
in the present state of affairs in North America, that
His Maj*^'' ships of war stationed there should not be
employed in any other services, than those to which
they are appointed by the Admiral, I am commanded
by the King to signify to you His Maj*^'' pleasure that
you do not take upon you to send to England any such
ships that may be stationed within the limits of your
Government with any Dispatches unless such dis-
patches are of the most pressing nature and no vessel
can be otherwise procured in which an Officer may be
sent home with them.
I am Ettc
Dartmouth
Letter from Gov. Franklin to the Earl of Dartmouth,
complaining that his dispatches are opened at the
Post-office, and giving information thai the Con-
gress of New Jersey had assumed the command of
the Militia.
[From P. R. O. America and West Indies, Vol. 177 (19.5). 1
Perth Amboy 5"' Septv 1775
Right Hon^!^ the Earl of Dartmouth
My Lord
1 am honoured with your Lordships Dispatch of the
7*?' of June (N° 17) which came to nie opened from the
1775] ADMINISTRATIOlSr OF GOVERNOE FRANKLIN. 057
Post Office at New York, as did likewise one some
Months before. Having a Suspicion that one Bull,
who is the principal if not the only Clerk in that
Office, had opened the Dispatch, I immediately wrote
to M- Foxcroft, the Deputy Postmaster General there,
and acquainted him with the Reasons for my Suspic-
ion, I have not yet received any Answer from M''
Foxcroft, though my Letter was wrote on the 26"' of
last Month and was delivered to him either that Day or
the next, and Opportunities offer every Day, besides the
Post which passes three Times a Week. It is not im-
probable, however, that MV Foxcroft may have wrote,
and that Bull, if my Suspicion of him is well grounded
has stopt the Letter. As soon as I can get further
Light in this Matter I shall inform your Lordship of
the Circumstances. In the mean Time I think it nec-
essary to recommend to your Lordship that Orders be
given to the Captains of the Packets to deliver all
Government Dispatches to the Captain of the Man of
War stationed at N. York, to be forwarded by him to
the several Governors in the safest manner he can
contrive; for they will certainly not be safe in passing
through the Post Office.— The Method which has been
used in opening the Dispatches I have received, is
Eubbing or Tearing the Cover at one End, so that the
Letters may be easily drawn out or sUd in again; but,
if the Letters were sealed (as this is) before they are
put into a Cover, it may prevent their being read
when drawn out, as that could not be done without
breaking the seal. At present they pretend at the
Post-Office, when the Cover is open, that it was
rubbed so in the Mail, but in Truth the Rubbing it
gets there is generally only in the corners, and not
from Corner to Coruer as my Dispatches have been.
We wait with Impatience for the Arrival of the
July Packet from England that we may know what
Line of Conduct is to be pursued in the preseut Situa-
43
658 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
tion of Affairs. I have good Reason to believe that, if
our next Intelhgence shews a Determination in Gov-
ernment to compel by a military Force the People of
this Country to submit to the late Acts, the Conti-
nental Congress will immediately, in an open and
formal Manner, assume the sole Government of these
Colonies, and declare their present Constitutions dis-
solved.— I am likewise informed that General Gage
has received Information of its being determined by
the General and principal Officers of the Continental
Army (as it is called) to make an Attack on the Town
of Boston, as soon as such Intelligence shall be re-
ceived, and endeavour to destroy the King's Forces
there before any Re-inforcement can arrive; and that
they have sent an Express to. the several Provincial
Congresses, or Committees, requesting that the Gov-
ernors, and other Officers of Government, may be
seized and detained as Hostages till the Event of the
Battle is known. How it has happened that neither
Governor Tryon nor I have received any Intelligence
from the General respecting this Information, I know
not; but that he has received it is certain, if Credit is
to be given to a Letter which Governor Tryon has re-
ceived from a Friend of his then at Rhode-Island and
communicated to me. What Step is best to take in
this critical Situation is difficult to determine. I am
loth to desert my Station, as my Continuance in it is a
Means of Keeping up some Appeai-ance of Govern-
ment, and Matters may possibly take such a Turn as
to put it in my Power to do some service. On the
other Hand it would mortify me extremely to be
seized upon and led like a Bear through the Country
to some Place of Confinement in New-England, as has
lately happened to Governor Skeene. However, let
the Event be what it may, I shall not attempt to quit
the Province as long as I have any Chance of contin-
uing in it in Safety. — I was in hopes, fiom the Repre-
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. G59
sentation I some Time ago made to General Gage, that
he would have ordered some Ship or Sloop of War to
this Harbour, on Board of which the Officers of Gov-
ernment might have sent some of their most valuable
Effects, or retreated in Case of Necessity; but perhaps
none can be Spared for this Service. —I had Thoughts
of sending some Things on Board the Asia at JSTew-
York, and to endeavour to secure a Retreat there if
there should be Occasion; but since that Ship fired on
the Town, the Inhabitants will not suffer a Boat to go
on Board or to come from her without Examination,
and they are constantly on the Watch for this Pur-
pose.
The Provincial Congress which lately met at Tren-
ton in this Colony, have taken upon them the entire
Command of the Militia, appointed Officers, &c. But
a Vote which was put for raising 30,000 Pounds Cur-
rency, for the Support of a Body of Minute Men, has,
I hear, passed in the Negative. The Sum of Ten
Thousand Pounds, which they had before ordered to
be levied, for furnishing the Inhabitants with Arms
and Ammunition, is now collecting, but is the Occa-
sion of no small Confusion and Disturbance; for some
absolutely refuse to pay any Part of it, and many of
those who have paid it make that a Plea for not pay-
ing the Tax laid by Act of Assembly for the Support
of Government, alledging that they cannot afford to
pay double Taxes, and as the Governor and other Offi-
cers are now little more than Cyphers, they see no
Reason why they should be paid anything. The pves-
ent Support of Government, as settled by Law, will
expire on the First of next Month, and I have not the
least Reason to expect the Assembly will make any
farther provision for that Service, until the Disputes
with Great Britain are acconnnodated. I should be
glad to know what the Officers of Government are to
do in that Case; foi" we shall not only be deprived of
G60 ADMINISTRATION OF GOVEKNOR FRANKLIN". [1775
our salaries but even of the common Fees of Office
(small as they are) when the Continental Congress as-
sumes the Government, an Event which I think will
soon happen. Nor have I any Doubt (if Matters are
not speedily accommodated) but that they will seize
upon the King's Lands, and other Property belonging
to the Crown in America, and sell them under pre-
tence of making good the Damage done by the King's
Forces to the People in the Colonies.
Enclosed is a printed Copy of some Resolves which
passed in the Provincial Congress at Trenton in June
& August last. '
I have the honour to be, with the gi'eatest Respect
and Regard,
My Lord, Your Lordships most obedient
& most humble Servant
W" Franklin
Letter from Samuel Holland to the Earl of Dart-
mouth, relative to the boundary line between Neiv
York and Massachusetts Bay
[From P. R. O. America and West Indies, Vol. 361 (579).]
Perth Amboy, New Jersey, 2Uth Sep'' 1775.
The Eight Honorable The Earl of Dartmouth.
My Loi'd,
It was only yesterday I had the Honor of receiving
Your Lordship's Favor of the 2Sth April last, it hav-
ing made the Tour of New Hampshire, before it ar-
rived on Board His Majesty's Shi}) Asia, at New York;
& as our Communication with that Ship has of late
been somewhat interrupted, it was not veiy easy to
get it sooner.
1 Minutes of Pi'ovincial Congress, etc., 1775-6, 179 94.
1775J ADMINISTRATION OF GOVERNOR FRANKLIN. 661
I am ever ready My Lord, to obey His Majesty's
pleasure, & as soon as Both, or Either of the Gover-
nors of New Yoi'k & Massachusetts Bay shall signify
the Time most Convenient for running the Boundary
Line between their Provinces, I will immediately at-
tend & proceed on that Business conformably to the
Agreement made between those Provinces, & the In-
structions those Gentlemen may think proper to give
me.
With my Letter N° 12, I had the Honor of trans-
mitting the Plan of Our last Summer's Surveys, of
Boston Harbor, Martha's Vineyard, Nantucket, the
Elizabeth Islands, & Narraganset Bay, by a scale of
2 Miles to an Inch; & to elucidate these Surveys T
added the Sea Coast from Falmouth in Casco Bay, &
included the several Townships, Claims & Patents of
the Province of New Hampshire : I likewise had the
Honor of transmiting a Plan of Boston Harbor &
another of Plymouth Harbor, both on the large Scale:
These Plans were left in the Care of Capt Vandeput
of His Majesty's Ship Asia, to be forwarded by the
first safe Opportunity, & I hope, are long before this,
in Your Lordship's Possession.
We have been indefatigable in Drawing, as We hope
soon to convince Your Lordship, & the General Map
waits only for M' Desbarres' Surveys, which I wonder
he has not sent me; I hope they will be no longer de-
layed, as I should apprehend there ought to be no Dif-
ficulty, the Communication of them being so much
for the Public Benefit.
I have had so little Assistance from the Navy this
Summer, that with Difficulty, I equiped One Party,
with this I have endeavored to survey the Environs of
this Place, presuming that the General Good Opinion
which had prevailed in Favor of my Business with aU
Parties, from its Evident Utility, would have sup-
ported it, untill Public Affairs should become more
662 ADMINISTRATION OF GOVERNOR FRANKLIN. [17T5
Settled; I have been obliged however to desist some
what sooner than I expected, & apply entirely to
Drawing; of which as I observed in my Last, there is
sufficient to employ Us of a long Time.
With the greatest Respect, My Lord,
I am. Your Lordship's Most Obedient
& Most humble Servant.
Samuel Holland.
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the condition of affairs in the Colonies;
Lord Stirling had accepted a ColoneVs commis-
sion from the Provincial Congress, and no gentle-
man would consent to be nominated, for a place in
the Council.
[From P. R. O. America and West Indies, Vol. 195.]
Perth Amboy, Oct- 3?* 1775.
The Right Honorable the Earl of Dartmouth
My Lord,
By the July Packet I was honoured with your Lord-
ship's Dispatch N. 19 enclosing a Triplicate of N. 18.
which is the only one of that Number that I have yet
received. The August Packet arrived last Week at
New York, but I had no Dispatches by her, and I am
informed that she brought none for any of the Gover-
nors.
It is with extreme Concern I observe the Necessity
His Majesty is now under of having Recourse to a mil-
itary Force to secure His Dominions in America, and
to reduce His Subjects to Obedience. I was once in
Hopes that all Differences would have been settled in
some amicable Way, and had the Actions of the Lead-
ers of the People in this Country corresponded with
1775] ADMINI8TRATI0K OF GOVERNOR FRANKLIN. G63
their repeated Professions, such must have been the
happy Consequence.
Were the People, even now, left to judge for them-
selves, and the Avenues of Information not obstructed
I have no Doubt but their natural good Sense wo aid
prevent their engaging in the Support of the present
hostile and destructive Measures. Matters, however,
are now carried so far, that unless some Propositions
should come from Great Britain (if she can conde-
scend, for the Sake of Peace, to make any other than
she has ah-eady done) calculated to bring the Dispute
immediately into a Train of Negotiation, there seems
little Probability of such a Change of Conduct among
the People as may afford any material Assistance in
counteracting the avowedly pernicious Designs of
many of their Leaders. His Majesty may be assured
that nothing in my Power shall be wanting to remove
their present Delusions, and to give .Efficacy to His
Measures for re-establishing the public Tranquihty.
I am happy to find that my Speech on the J 6"' of
May has met with such high Approbation, though I
can but lament with your Lordship that Circumstan-
ces prevented its having the desired Effect. It is
to be hoped, however, that it has made some Impres-
sions which may have a good Tendency should the
People here be once more at Liberty to speak their
undisguised Sentiments.
Whether a Pubhcation of my Speech in England
might not be of some Service in removing Prejudices
there, I submit to your Lordship.
In my last Letter I informed your Lordship that your
Dispatch N? 17 came opened to my Hands, and that I
had wrote to Mi" Foxcroft the Deputy Postmaster
General respecting my Suspicions of a Clerk in his Of-
fice. M' Foxcroft being indisposed was prevented
from answering my Letter for some Time, but at
length sent me the Depositions of the Persons em-
664 ADMINISTKATIOK OF GOVERNOR FRAKKLIN^. [17?5
ployed in that Office, Copies of which, with those of
the Postmaster of Woodbridge and M- Johnson (the
Gentleman I had desired to call at the Post Office in
New York for my Dispatches) and also of my Letters
to M'' Foxcroft and his Answer, are sent enclosed.
M-" Bull, or Boel, the Clerk, declares that the Dis-
patch came opened in the Mail from England. If that
was the Case, then it might have been opened either
at the General Post office in London, or at Falmouth;
or at some intermediate Office. For as to its having
been rubbed open in the Carriage I am well convinced
it was not, whatever might have happened to other
Dispatches. It was rubbed a little at the Corners, but
it was evidently broke or tore open from Corner to
Corner at one End, and the ragged or indented Parts
are still perfect and exactly fit each other, as your
Lordship may see by the Cover enclosed; but had the
Breach been made by mere Rubbing, Parts of the
Paper would have been missing, as was the Case with
the Corners. M' Boel's Excuse for not delivering the
Dispatch to W. Johnson may be true, but is not so sat-
isfactory as I could wish, as M' Johnson asked him
particularly (after receiving the Packets of Newspa-
pers) if there were no other Packets or Letters for me,
and he declared there was none.
I have been the more particular in giving your
Lordship Information respecting the above Matter, as
I have great Reason to believe that the Congress ob-
tains by some Means or other Intelligence of the Con-
tents of most of the Government Dispatches. What
is passing in the general Congress at Philadelphia I
cannot learn, except that it is publicly asserted that
John Adams, one of the Delegates, has avowed there
that he writ the Letters published as his by General
Gage in Drapier's Massachusett's Gazette of the 17"'
of August.' Many People express an Abhorrence of
' See Works of John Adams, II., 411.
1775] ADMI]SriStEA.TION" OF GOVERKOR FRANKLIK. 665
his Sentiments of Independence, &c. and it is pre-
tended that nine Tenths of the Congress are averse to
them. Were this really the Case, they would prob-
ably ere now have given the Publick a convincing
Proof of it by the Expulsion or Censure of M!" Adams.
The enclosed Minutes of Council will give your
Lordship an Idea of the present State of Affairs in
this Province. By them you wiU likewise see that
there is Reason to believe that Lord Stirling, tho' one
of His Majesty's (buncil for this Province, has ac-
cepted a Colonel's Commission from the Provincial
Congress of New Jersey. I have received a strange
Letter from him on the Subject,' but if he does not
give a satisfactory Answer at or before the next Meet-
ing of the Council, to the Question put to him by the
Board, he will be certainly suspended from his Seat,
untill His Majesty's Pleasure shall be known.
Samuel Smith, Esq^ has resigned his Seat in Coun-
cil, on Account of his Age & Infirmities, and though
I have proposed to several Gentlemen to recommend
them to supply his Place, yet I have not been able
to prevail on any of them to consent, by Reason of the
present unsettled State of Affairs; nor do I yet know
any one here willing to accept of it, whom I think
qualified for the office.
The Courts are still kept open, and some Business
transacted in them, though not so much as is neces-
sary. In short we do all we can to keep up some Ap-
pearance of Government, and the Council have ad-
vised the Calling the General Assembly on the 15"' of
next Month, but I shall not be surprized if we are
prevented from meeting.
I have the Honor to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W*' Franklin.
' The letter is given in Duel's Life ofLord Stirling, 113.
666 ADMINISTRATION OF GOVERNOK FRANKLIN. [1775
Circular Letter from Secretary Pownall to the Gover-
norsiii America, niforming them of the discontin-
ua/ace of Packet Boats between England and
North America.
[From P. R. O. America and West Indies, Vol. 279.]
Whitehall 4"^ Oct' 1775.
Circular to Governor Tryon Franklyn
Dep^ Gov'" Penn Eden.
Sir,
It having been thought fit to discontinue for the
present the Packet Boats for North America, I am di-
rected by Lord Dartmouth to desire you will continue
for the future some Means of sending your Letters to
his Lordship thro' the Channel of the Admiral w^ho is
instructed to give all proper Facility by means of the
small Vessels under his Command to the Conveyance
of Letters and Intelligence, in every possible Channel
of Communication.
I am &c''
J Pownall
Proceedings of the Shrewsbury Committee of Corre-
spondence.
[From New Jersey Historical Society Manuscripts.]
The Shrew^sbury Committee met by appointment at
the House of Mr. Bonham, Oth October, 1775, and
unanimously placed Josiah Holmes in the Chair —
Ordered, that public advertisements be put up for
the Officers of the Several districts in this Township
to render in the names of all that still retain the pro-
vince arms contrary to the sense of the advertisement
published by the late committee, dated 10th Septem-
It75] ADMIiNTISTllATlON OF GOVERKOE FRANKLIN. 6G7
ber, 1775, for them to be proceeded against; and also
a full account must be taken of all the province arms
in this township into whose hands they are, by the
Captains or their order of each district, and that he
take receipts from all holding them that do train, and
that a Copy of this order be served upon the Colonel.
Ordered, that Col. Samuel Breese ask the assessor
about his assessment and acquaint the Chairman of
the sum of his information.
•Whereas the riotous and numerous meetings of ne-
groes at unlicensed houses is pernicious in itself and
may be of pernicious consequences; if the Col. is in-
formed of any such meetings he is desired to use his
militia, or as many as he finds necessary, to secure the
Negroes, and give the names of the delinquents, to be
proceeded against agreeable to Law,
Ordered, that all these proceedings be publicly ad-
vertised in two of the most public places in the town-
ship.
The business of the day being ended, the Committee
adjourned to next Monday week, lOth October, 1775,
to meet at Mr. Bonhani's.
Members present —
Josiah Holmes, John Little,
Jeremiah Bonham, Cornelius Lane,
John Polhemus.
Circular Letter from the Earl of Dartmouth to all the
Governors in America, except Massachusetts and
North Carolina, enclosing the King's speech.
[From New York Colonial Documents, Vol. VITI, p. 043.]
Whitehall 28 October 1775.
Inclosed I send you by His Maj'^'" command, printed
copies of His Maj'^'" most gracious speech to His Par-
G68 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
liament at the opening of the Session on Thursday
last, ' and of the addresses in answer thereto, which I
trust will have the effect to convince the Rebellious
inhabitants of the Colonies, of the firm resolution of
every branch of the Legislature to maintain the Dig-
nity & authority of Parliament, as well as their desire
to receive, with all proper indulgence, the submission
of any Colony that shall be inclined to return to its
duty and allegiance, and to make such arrangements
as may restore harmony & confidence, and remove all
1 In the course of his speech the King said: " Those who have too long success-
fully labored to inflame my people in America by gross misrepresentations, and to
infuse into their minds a system of opinions repugnant to the true constitution of
the Colonies, and to their subordinate relation to Great Britain, now openly avow
their revolt, hostility and rebellion. They have raised troops, and are collecting a
naval force; they have seized the public revenue, and have assumed to themselves
legislative, executive and judicial powers, which they already exercise, in the most
arbitrary manner, over the persons and properties of their fellow-subjects ; and
although many of these unhappy people may still retain their loyalty, and may be
too wise not to see the fatal consequence of this usurpation, and wish to resist it;
yet the torrent of violence has been strong enough to comi^el their acquiescence,
till a sufficient force shall appear to support them. The authors and promoters of
this desperate conspiracy have, in the conduct of it, derived great advantage from
the difference of our intentions and theirs. They meant only to amuse, by expres.
sions of vague attachment to the Parent-state, and the strongest protestations of
loyalty to me, whilst they were preparing for a general revolt. I have acted * *
hoping that my people in America would have discerned the traitorous views of
tlieir leaders, and have been convinced, that to be a subject of Great-Britain, with
all its consequences, is to be the freest member of any civil society in the known
world. The rebellious war now levied is become more general, and is manifestly
carried on for the purpose of establishing an independent empire. I need not
dwell upon the fatal effects of the success of such a plan. The object is too im-
portant, the spirit of the British nation too high, the resources with which God
hath blessed her too numerous, to give up so many Colonies which she has planted
with great industry, nursed with great tenderness, encouraged with many com-
mercial advantages, and protected and defended at much expense of blood and
treasure. It is now become the part of wisdom, and (in its effects) of clemency, to
put a speedy end to these disorders by the most decisive exertions. * * * When
the mihappy and deluded multitude, against whom this force will be directed,
shall become sensible of their error, I shall be ready to receive the misled with
tenderness and mercy; and, in order to prevent the inconveniences which may
arise from the great distance of their situation, and to remove, as soon as possible,
the calamities which they suffer, I shall give authority to certain persons upon the
spot to grant general or particular pardons and indemnities, in such manner, and
to such persons, as they shall think fit, and to I'eceive the submission of any Prov-
ince or Colony which shall be disposed to return to its allegiance. It may be also
proper to authorise the persons so commissioned to restore such Pi-ovince or Col-
ony, so returning to its allegiance, to tlie free exercise of its trade and commerce,
and to the same protection and security as if such Province or Colony had never
revolted."— -Docte?e2/"s Annual Register, for 1775, 2G!)-TI.
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 069
just ground of uneasiness and apprehension in the
minds of those who are really dis])osed to a reconcilia-
tion with the Mother Country,
I am Ettc
Dartmouth.
Letter from Gov. Franklin to the Earl of Dartmouth,
giving intelligence of the raising of troops and
money in Neiu Jersey, and enclosing a copy of a
letter of Dr. Church, intercepted a7id delivered to
Gen. Washington.
[From P. R. 0., America and West Indies, Vol. 177 (195).]
Perth Amboy Nov^ 1. 1775.
Eight Hon''^.'' Lord Dartmouth
My Lord
In my last, which was dated the 3^^ of October, I
mentioned the Receipt of your Lordship's Letters of
the 5'." & 12"' of July (N° 18 & ID) since which I have
not been honoured with any of your Lordship's Dis-
patches, nor has the Original or Duplicate of N" 18, or
the Duplicate of N° 19, yet got to hand. If your Lord-
ship wrote by the August packet, your Letter has
miscarried, but M' Foxcroft sent me Word that that
Packet brought no Dispatches for any of the Governors.
Matters continue much in the same Situation as
when I last wrote to your Lordship. The Provincial
Convention of this Province, I hear, have, at the Insti-
gation of the Continental Congress, agreed to raise
two Battallions consisting of eight Companies each,
and 68 Privates to a Company.' The Officers, I am
told, are now recruiting, and 30,00()£ Paper Bills of
' See Minutes of Provincial Congress, etc., 1775-6, 208-10.
670 ADMINISTliATION OF GOVERNOR FRANKLIN. [1775
Credit, is ordered to be immediately struck to defray
the Expence. The Quota of this Province, it is said,
of the three MiUions of Dollars issued by the Continen-
tal Congress amounts to about 65,000£, which, with
the 10,000£ already raised, and the 30,000£ now
ordered, occasion many People to grumble at the
Taxes they occasion. But unless the Army under
Schuyler, or that under Washington should happen to
be defeated or repulsed, there seems little probability
but that the Inhabitants in general will implicitly fol-
low the Continental Congress in all their Extravagan-
cies. It seems to be generally agreed that many of that
Body are for an entire separation from the Mother
Country, and some of them publickly avow Senti-
ments of Independency. In Bradford's newspaper,
pubUshed at Philadelphia, two pieces have already
appeared in favour of that Design, said to be wrote
by a Member of the Congress.
One D^ Church, as your Lordship will see by the
publick Papers has been apprehended by Washington,
and accused of acting as a Spy in his Camp. The en-
closed is a Copy of a Letter said to be wrote by him to
Major Cane, and intercepted at Ehode Island which a
Gentleman has just obtained for me of one of the
Committee in a neighbouring Town. I believe it to
be genuine as received from Wasliington's Camp. By
this it would appear that the Scheme of Independency
was no new Thing amongst the Members of the Con-
gress and some of their Adherents.
It is reported that a Boat with an Officer and 3 or -I
Men belonging to His Majesty's Sloop the Viper, has
been drove ashore near Barnagat in this Province, and
that the people are made Prisoners. ' The Fate of a
Transport bound from Boston to New York, likewise
drove ashore on the Coast near Little Egg Harbour,
your Lordship will see an Account of in the enclosed
' See Minutes of Provincial Congress, etc., 1775-6, 205.
1775] ADMINISTRATION OF GOVERNOR FKANKLIN. 671
Newspaper which is tlie only IntelHgence I have yet
received of that Transaction.
As I am uncertain whether this Letter will get safe
on Board the Packet at New York, I cannot venture
to be more particular.
T have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble Servant
W' Franklin
Copy of a Letter said to be wrote by Di' Benj°
Church to Major Cane in Boston intercepted
at Rhode Island, and delivered to Washing-
ton. Dated July 22** 1775
I hope this will reach you. Three attempts have I
made, without success in effecting The last the Man
was discovered in attempting his escape but fortu-
nately my letter was sewed in the waist band of his
Breeches, he was confined a few Days during which
time you may guess my feelings but a little Art and a
httle Cash settled the matter. It is a month since my
return from Philad. I went by way of Providence to
visit Mother. The Committee for Warlike Stores made
me a formal tender of 12 p? of Cannon IS & 24 pound-
ers, they having taken a previous resolution to make
the offer to General Ward. To make a Merit of my
Services I sent them down, & when they received them
they sent them to Stoughton to be out of Danger,
even tho' they had formed the Resolution as I before
hinted of fortifying Bunkers Hill, which, together
with the Cowardice of the Clumsy Col. Gerrish and
Col. Seaman s was the lucky occasion of their Defeat.
This Affair happened before my return from Philad'-
We lost 1G5 killed then & since dead of their wounds,
120 now lie wounded, the chief will recover. They
672 ADMINISTRATION OF GOVERNOR FRANKLIN. [1775
boast to have 1400 killed & wounded in that action;
you say the Rebels lost 1500, I suppose with equal
Truth. The people of Connecticut are -raving in the
Cause of Liberty. A number from that Colony from
the Town of Stamford robb'd the King's Stores at New
York with some small Assistance the New Yorkers
lent them. They were growing very turbulent. I
counted 280 pieces of Cannon from 24 to 3 pounders
at King's-Bridge which the Committee had secured for
the use of the Colonies. The Jersies are not a whit
behind Connecticut in zeal, The Philadelphians exceed
them both. I saw 2.200 Men in Eeview there by Gen-
eral Lee consisting of Quakers and other Inhabitants
in Uniform with 100 Riflemen & 40 Horse, who
together made a most Warlike appearance. I mingled
frequently & freely with the Members of the Continen-
tal Congress, they were united and Determined in Op-
position, and appear'd assured of Success Now to come
^lierl®. The Opposition has become formidable 18,000
men brave and determined with Washington & Lee at
their Head are no Contemptible enemy. Adjutant
General Gates is indefatigable in arranging the Army.
Provisions are very plenty. Cloaths are manufactor-
ing in almost every Town for the Soldiers. 20 Tons of
powder lately arriv'd at Philad'* Connecticut and
Providence upwards of 20 Tons are now in Camp.
Salt Petre is made in every Colony. Powder Mills are
erected & constantly employ'd in Philad'' & New York
Volunteers of the First Fortunes are daily flocking to
the Camp, & 1000 Riflemen are expected in 2 or 3
Days. Recruits are levying to augment the Army to
22,000 Men. 10,000 MiHtia are appointed in this Gov-
ernment to appear on the first Summons. The Bills of
the Colonies circulate freely and are readily exchanged
for Cash. Add to this, that unless some plan of
Accommodation takes place immediately their Har-
1775] ADMINISTRATION OF GOVERNOR FRANKLIN. 073
bours will swarm with Privateers, an Army will be
raised in the Middle Colonies to take possession of
Canada. For the sake of the miserable convulsed
*EmpirJ solicit Peace, Repeal the Acts or Britain is
undone. This advice is the result of a Warm Affec-
tion ''^o'" niy King & the Realm, remember I never
deceived you: every article here sent you is sacredly
true. The papers will announce to you that I am a
Member for Boston: you v^ill there see our Motley
Council, A General Arraignment of Officers will take
place except the Chief which will be suspended but for
a little while to see what part &c Great Britain S in
Consequence of the late Continental Petition. A View
to IndependenCy grows more & more general, should
Britain declare War against the Colonies they are lost
for ever. Should Spain declare War against England
the Colonies will declare a neutrality which will doubt-
less produce an offensive & Defensive League between
them. For God's sake prevent it by a speedy Accom-
modation:— Writing this has Employ'd a Day. — I have
been to Salem to reconnoitre, hut could not escape the
Geese in the Capitol. To morrow I set out for New-
port on purpose to send you this. — I write you fully, it
being scarcely possible to prevent discovery — I am out
of place here by Choice therefore out of pay and am
determined to be so unless some thing is offered in my
Way. — I wish you could contrive to write me largely
in Cyphers by way of Newport, Addressed to Tom
{Thomas) Richards Merchant inclosed in a Cover to me,
intimating that I am a perfect stranger to you but
being recommended to you as a Gentlemen of Honour
you took the Liberty to inclose that Letter intreating
me to deliver it as directed, the person as you are in-
formed living at Cambridge; sign some Fictitious Name.
This you may send to some confidential Friend at New-
* In one Copy handed about it is Country & in another Empire.
43
674 ADMIN"ISTRATIO]Sr OF GOYERNOE I'RANKLIN. [1775
port to be delivered to me at Watertown. Make use
of every precaution or I perish.'
July 22'J 1775. B. Church.
Letter from 6rOV. Franklin to the Earl of Dartmouth,
transmitting the Governor's address to the As-
sembly.
[From P. R. O. America and West Indies, Vol. 178 (196).]
Burlington, Dec^ 3, 1775
Right Hon'^'® the Earl of Dartmouth, &c &c
My Lord,
I have the Honour to transmit to your Lordship,
Copies of my Speech at the Opening of the present
Session, the Council's and Assembly's Addresses, and
my Answer; together with a Message to them on the
Support of Government, and a Proclamation for sup-
pressing Rebellion and Sedition; also an Extract of a
Letter from a. Gentleman in Philadelphia to a Gentle-
man in this Town, containing some late News from
Virginia.
These Papers will serve to give your Lordships some
Idea of the Business transacted at this Session, and of
the present Situation of Affairs. On my Return to
Amboy, which I expect will be this week, I shall write
your Lordship fully respecting them.
I have the Honour to be. My Lord,
Your Lordship's most obedient
& most humble Servant
W?" Franklin
' Dr. church made a bungling and insincere explanation of this letter when it
was published, and after some difificulty gained liis freedom. " He then embarked
in a vessel bound for the West Indies, which never reached its destination."—
WorJcs of John Adams, II., 182, n.
1775] ADMIKISTKATION OF GOVERNOR FRANKLIN. 075
Letter from Lord Germain to Gov. Franklin, an-
7iouncing the King's concern that his subjects in
New Jersey had submitted to the dictates of the
Contiyiental Congress.
[From P. R. O. America anfl West Indies, Vol. 177 (195).]
Whitehall Dec^ 23'! 1775.
Governor Franklin,
Sir,
Your Dispatch to Lord Dartmouth of the 1'*^ No-
vemb-' v^as received by the Halifax Packet which ar-
rived a few days ago, & I have not failed to lay it be-
fore the King, who sees with Concern that His Sub-
jects in New Jersey have submitted in the full Extent
of Obedience to the Dictates of the Continental Con-
gress.
His Majesty at the same time approves your zeal-
ous Endeavours for His Service, and relies upon a
continuance of them under all the difficulties which
surround you, trusting that the time is approaching
when the united strength of the Nation will have its
Effect to restore the public Tranquility.
I am &c.^
Geo: Germain
676 ADMTNISTRATIOlir OF GOVERNOR FRANKLIN. [1776
Letter from Gov. Franklin to the Earl of Dartmouth,
relative to the sentiments of the people and the
proceedings of the Assembly; the Earl of Stirling
suspended from the Council; general belief that
Congress tuill have the assistance of France.
TFrora P. R. O. America and West Indies, Vol. 178 (196).]
[Secret and Confidential]
Perth Amboy Jan'^-^' 5. 1T7G
Right Hon^.^^ the Earl of Dartmouth
My Lord,
I did myself the Honour to write to your Lordship
on the 3'? of last Month from Burlington, and to en-
close Copies of my Speech, and the Council and As-
sembly's Addresses, at the Opening of the Session of
General Assembly, together with sundry other Papers.
The Minutes of the Assembly not being yet printed, I
enclose the written Copy of them which I received
daily from the Clerk during the Session.
Several petitions were jtresented to the Assembly
praying them to discourage any attempt to promote
an Independency on Great Britain, and that tliey
would grant the Support for His Majesty's Govern-
ment in this Colony as usual. Their Resolves, re-
specting the first your Lordship will see in their Min-
utes of Nov!' 28,' which are nearly similar to those
before passed in the Assembly of Pennsylvania on the
like Occasion. It seems, indeed, to be the general
Opinion of those with whom I converse, that the Ma-
jority of people in both Provinces are greatly averse
to an Independency; and, if they could be once con-
' See Minutes of the Provincial Congress, etc., 177'5-C, 300.
1776] ADMIJSriSTRATIOJSr OF GOVERNOR FRANKLIN. 677
vinced that their present Leaders have such Inten-
tions, would immediately unite to oppose them in
every such Attempt. But the Danger seems to be that
the Design will be carried on by such Degrees, and
under such pretences, as not to be perceived by the
People in general till too late for Resistance. That
some have such Designs is too evident from the Publi-
cations in the Newspapers, which are more immedi-
ately under the Influence of the Congress and their
Adherents, if not by the System of Measures which
have been uniformly pursued by them. Some of those
Papers I enclose for your Lordship's Perusal.
The Assembly granted the usual Support of Gov-
ernment; but they evaded complying at present with
His Majesty's Requisition to them on that Subject,
communicated in my Message of the 2P.* of Novem-
ber. The Reasons they thought proper to give for
their Non-compliance are contained in their Message
of the 6"' of December, which being the Day they were
to be prorouged, agreeably to their and the Councils
Request, I did not think it expedient to delay the Ses-
sion longer merely on that account, or I should have
pointed out the absurdity and Insufficiency of those
Reasons.— However, I shall not fail doing it at the
next Session, when perhaps, it may be of some Ser-
vice, which there is no Probability of its being at
last.
By the Minutes (Dec!" 5) your Lordship will perceive
that the Assembly had it in their Intentions to peti-
tion His Majesty again on the Subject of the present
unhappy Disputes. But after the Draft of an Address
was prepared, which would probably have passed the
House, a Committee of the general Congress at Phila-
delphia came in great Haste to Burlington desired Ad-
mittance into the Assembly, which being granted,
th ey harrangued the House for about an Hour on the
Subject, and persuaded them to drop their Design.
678 ADMINISTRATION OF GOVERNOR FRANKLIN. [1T7G
That your Lordship may have some Idea of the Argu-
ments they used on this Occasion, I have obtained a
Copy of the Notes taken by a Gentleman present,
which contain the Substance of the Speech of M!" Dick-
inson of Philadelphia. The other Members of the
Committee w^ere M' Jay of Nev^ York and Mr Wyth
of Virginia. I have not seen the Draft of the Address,
but I am told it contained some Plan or Proposals for
an Accommodation, and that it was this Part which
alarmed the Congress, and occasioned them to take so
extraordinary a Step to prevent its being sent; they
being of Opinion that no Colony ought to presume to
make Separate Proposals, or to take Separate Meas-
ures on the present Occasion, but to leave the whole
to their Management.
A Day or two before the End of the Session I re-
ceived a very unexpected Attack from the Council.
The Pretence was an Expression in my Reply to their
Address, but as the Expression alluded to was very
far from warranting any such Interpretation, I can-
not but imagine it was pretended merely ad Populum.
However, if that was their Aim, they have been
greatly disappointed; for the Purport and Language
of their Message is much disapproved by all Ranks of
People. Even one of the Members of Assembly, who
is far from being a Friend of mine, speaking of it in
the House, called it "an unwarrantable, ungenerous
and ungentlemanly attack on the Governor." The
Truth is, as I have Reason to believe, that three of
the leading Members of the Council are strongly in-
clined to favour the Measures of the Congress, and
that the rest who were present have a Leaning the
same way, except two, or three at most; and even
those think it necessary to their Safety to observe a
kind of trimming Conduct, a seeming Difference
therefore with the Governor, who publickly and pri-
vately avowed his Disapprobation of those Measures,
1776] ADMIJSrrSTRATION" OF GOVERNOR FKANKLIK. 679
would be likely to answer their Purpose at such a
Time as the present. My Situation is, indeed, some-
what particular, and not a little difficult, having no
more than one or two among the Principal Officers of
Government to whom I can now speak confidentially
on public Affairs.
Notwithstanding the Declarations of the Council
and Assembly in their Addresses, with regard to the
perfect Safety of the Officers of the Crown in this
Province, ' yet, in less than a Fortnight after the Ses-
sion was over, two Judges and one Justice of the
Peace who live in three different Counties, have been
seised by Order of Committees, and one of them is a
Member of the Assembly. What is to be their Fate I
know not, but I cannot learn that they are even
charged with having taken any active part against the
Measures of the Congress, though they have refused
signing Associations, and spoke against some of their
Proceedings.
I have suspended William Alexander, Esqf (claim-
ing to be, and commonly called Earl of Stirling) from
the Council, until His Majesty's Pleasure shall be
known. The Reasons will appear in the Minutes of
Privy-Council now copying, and which will be trans-
mitted by the next Packet. If His Majesty shall think
proper to remove him, I shall then recommend such
person as I may think most suitable to serve the
Crown in that Capacity.
Since Correspondence by Letter is become so preca-
rious, and indeed dangerous, I obtain very little more
Intelligence of publick Matters than what is to be
found in the Newspapers. But I find it generally be-
lieved that the Congress have well-grounded Assur-
ances of Assistance from France, if not from Spain;
and that they are determined to apply for foreign Aid,
' Minutes of Provincial Congress, etc., 1775-6, 309-10.
680 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
if they find Government likely to employ foreign
Troops against them. It is certain that they meet
with little or no Difficulty in getting Pow^der, &c. from
the French Islands, and I have Eeason to think it is
v^ith the Connivance of the French Governors there.
It is also suggested that the French Ambassador in
England has immediate and full intelligence of v^hat
passes in the Privy or Cabinet Council, and conveys
the same to some Persons in London connected with
America. It has likewise been intimated that a
French Fleet is expected in the Eiver S- Lawrence as
early as the Season will admit; and we have certain
Intelligence of a considerable Body of French Troops
being arrived in the West-Indies.
Enclosed is a Copy of a Paper said to be wrote
in New England, and sent to all the Sea Coasts in
North America, to persuade the People to suffer their
Towns to be destroyed rather than supply the King's
Ships with Provisions.
In Sussex County in this Province there are, I am
told, a considerable Body of People who are called
Tories; and it is said they have been lately furnishing
themselves with Arms & Ammunition, and that the
Committee of Safety are to meet next Tuesday at
Princeton, to consult on Measures for disarming
them, &c.
The Provincial Congress here have given Leave to
some Persons to export Country Produce, on Condition
of importing the Value in Powder, and other military
Stores. A Copy of one of their Resolves for that Pur-
pose is enclosed.— I have no Doubt but a great Quan-
tity will be smuggled into some of the Harbours on
the New- Jersey Shore from Sandy-Hook to Cape May,
particularly into Barnegat, Little and Great Egg-Har-
bour, unless prevented by the King's Ships.
Two of the New-Jersey Delegates to the Continen-
tal Congress (Mess'' Kinsey and De Hart) have re-
signed their seats on pretence of Inconveniency, but it
1776] ADMIlSriSTRATION OF GOV£KN"OR FRANKLIN". 681
is generally attributed to Apprehension of Danger. I
enclose a Copy of the latter's Resignation that your
Lordship may have an Opportunity of seeing what
extravagant Ideas of the Measures of Government,
these Men endeavour to instil into the Minds of the
People.
For farther information respecting the publick Trans-
actions in this and the other Colonies, I must beg leave
to refer your Lordship to the enclosed News-papers, and
to the printed Journal of the Proceedings of the Con-
gress sent herewith.
The Assembly did not think proper to make any far-
ther Attack on me, on Account of the Extract of my
letter to your Lordship, printed in the Parliamentary
Register; for which they have given some Reasons
(probably not the true ones) in their Minutes of Nov^
30. But I am told that they have obtained a Copy of
the whole of that Letter, though only a part was laid
before Parliament. By what means this has been done
I cannot learn, but I find it is suspected that it has
been obtained by some management of Mv De Berdt,
and that this has been one Reason for the Assembly
appointing him their Agent.' I think it proper to give
your Lordships this Hint, as it is represented by his
Friends here that he has some Share of your Lordships
Confidence and Regard, though, perhaps, without any
just Foundation. At any Rate, as I have no Doubt
but some Measures will be, if they are not already
taken to influence Clerks in Office, I hope this Letter
will be communicated only to His Majesty's most con-
fidential Servants.
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.
' Deuriis De Berdt, father-in-law of Joseph Reed. He was appointed November
21, 177o.~Minutes of Provincial Congress, etc., 1775-6, 395.
682 ADMINISTEATION OF GOVERNOE FRANKLIN. [1776
In Gov'". Franklin's (N'^ 31) of 5*? Jan^ 1776
Elizabeth Town Novb^ 13'" 1775
Gentlemen of the Gen'. Assembly of the Colony of New
Jersey
Your Resolution of the 24*1' of January past haveing
Appointed me with others, to Attend the Continental
Congress of the Colonies then intended to be held at
Philadelphia in May following with Instructions to
propose and agree to Every Constitutional measure
for the accommodation of the unhappy Difference then
Subsisting between our Mother Country & the Colo-
ny's. In obedience to the said Resolution with the
other Gentj, I attended the said Congress but have not
been able by any Reasonable & Constitutional meas-
ure to obtain that accommodation so ardently wished
for by the House, on the contrary his Majesty Seemeth
to have turned a deaf ear, to all the Supplications of
his Loyal Colonists & his Ministers & Parliament have
denounced vengance ag- all those in America who re-
fuses absolute Submission to Acts of Parliament, in
all cases whatsoever, & have caused the Blood of num-
bers of his Majesty's most Loyall American subjects to
be Spilled which with other Arbitrary & Barbarouse
Actions hath Compelled the Colonies to arm in their
own defence & hath brought them to the verge of a
civiU Warr with the Parent State so that all prospect
of procuring an accommodation by Constitutional
Measures Seemeth to be nearly at an end.
The Peculiar circumstances of my family hath Pre-
vented me from attending the Congress for some time
past, & the same yet continuing renders it uncertain
when I shall be able to attend. This & other reasons
needless to be mentioned induces me earnestly to de-
sire & request that the Honorable House, will now be
1776] ADMINISTKATION" OF GOVERN"OR FRANKLIN. 683
pleased to appoint Another to Attend the Continental
Congress in my stead
I am Gent" your most obliged &
most ob!' humble Servt
J. De Hart.
1®.* The inconsistency of fitting out Privateers at a
Great expence to intercept Ships laden with Provisions
for the Enemy, & at the same time recommending it
to each particular Sea Port Town to furnish, at least
not to prevent them from furnishing the Men of War
with aU Provisions & Necessaries is so manifest that
it would be idle to dwell upon it.
2".'^ Is it to be said that it is Prudent by this act of
compliance to save the Towns from Cannonade, it may
be answer'd the Men of War will certainly make fur-
ther demands, & on the same principles their demands
must be Complied with.
o^ Is it not reasonable to suppose when the Minis-
terial Instruments reap such fruits from their men-
aces, that they will point out to their Masters, the
weak part of America, and consequently that they
will be encouraged to persist in their Plan.
4"' Is it not probable, or almost certain, if one Town
bids them defiance, that the rest would be ashamed
not to follow the example ? and vice versa, if the
Sanction of the Congress is given to any degree of
Compliance and Submission to their terms is it not
probable that some one Town will avail itself of the
Sanction & Extend their Complacence in proportion
to the magnitude of the threats ? then another &
another will plead precedent, & thus ultimately the
Enemy wiU be enabled by our own assistance to con-
tinue the War to our destruction ?
5'^^^' Is it not certain that if once the spirit prevails
of denying every kind of refreshment to the Ships of
War they cannot possibly keep their Station, that dis-
684 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
eases & clesentions of the Crews would in a Short time
unman the fleet, &, Consequently the distresses of
America be brought to spedy issue ? but if it becomes
an established rule to furnish the Ships with necessa-
ries may not the war & distresses of America be pro-
longed ad infinitum ?
6"'.'y Is it in fact a clear Case that Ships of war can
with so Great facility destroy Sea port Towns ? If in-
deed they have force Sufficient to Land they may effect
this distruction but those who suppose it can be done
by dint of Canonade, must be very little acquainted
with the effects of C-annon. Cannon makes a formid-
able nois to ears unused to the sound, but towns will
receive inconsiderable damage from the utmost fury of
any Ships of War which can come into our Harbours.
But in our present circumstances (taking it for
granted that Ships & Cannons can work all this mis-
chief) is it not necessary to enculcate the principal of
making partial Sacrifices for the General good ? for if
this Principal is not established, could a poor defence-
less Town be censured for Submition to any Terms
which their Lords may choose to dictate.
Would any Circumstance so effectually reduce the
Ministry to despair as showing an indifference about
the existance or destruction of ower Towns ^
In Gov?" Franklyn's— (N^ 31) of 5'?' January
1776.
Application having been made hi this Congress by
M!' Eichard Westcott of Gloucester County for Leave
to freight a Vessel to some foreign Port with the Pro-
duce of this Colony to purchase Gunpowder & other
military Stores for the use of this Province, offering
to give Sufficient Security that the net Proceeds of
such Produce shall be laid out in the Purchase of such
Powder & MiUtary Stores, the whole thereof to be
171'6] AD-MINISTEATiOISr OF fiOVERNOE FRA]SrKLI]Sr. 085
landed in this Colony (the Danger of the Seas and
Enemies only excepted) and that this Congress or the
Committee of Safety, are to have the election to pur-
chase the same: And this Congress having taken the
said Proposal into Consideration and the same appear-
ing not to be repugnant to, but strictly consistent with
the Spirit & Design of the Eesolution of the Conti-
nental Congress for encouraging the Importation of
those necessary Articles; and Proposals of this Nature
under certain Restrictions as to the Number of Vessels
to be employ'd on this Occasion, appearing to this
Congress to be of publick utility at this Critical Time;
It is therefore unanimously Resolved that M- West-
cott's Proposals be accepted, Provided that sufficient
security be given to the Committee of the County of
Gloucester that the same be punctually & duly com-
plied with (Subject nevertheless to the above excep-
tions) and that no other Goods or Merchandise of any
sort be imported in such Vessel.
M'.' Richard Somers having made the same Proposals
subject to the same C-onditions as above, It is there-
fore resolved unanimously that Mf Somers's Proposals
be also accepted.
Copy of an oath impos'd on the Inhabitants of
Newport Ehode Island by G- Lee
here in the presence of Almighty God, as I hope for
Ease, Honour & Comfort in this world, & happiness
in the world to come, most earnestly devoutly and
religiously Swear that I will neither directly or indi-
rectly assist the wicked Instruments of ministerial
Tyranny & Villainy, commonly caUed the King's
Troops and Navy, by furnishing them with provisions
and refreshment of any Kind, unless authorized by
the Continental Congress or Legislature at present
established of this particular Colony of Rhode Island.
686 ADMINISTRATION OF GOVEENOR FRANKLIN". [1776
I do also swear by the tremendious and Almighty God
that I will neither directly or indirectly Convey any
intelligence, nor give any advice to the aforesaid Ene-
mies described, and that I pledge myself if I should
by any accident get Knowledge of such treason, to in-
form immediately the Committee of Safety and as it
is justly allowed that when the Rights and sacred
Liberty of a Nation or Community are invaded. Neu-
trality is not less base & Criminal, than open &
avowed hostility. I do further swear & pledge my-
self, & as I hope for eternal Salvation, that I will
when ever called upon by the voice of the continental
Congress, or that of the Legislature of this particular
Colony, under their authority to take up Arms & sub
ject myself to Military discipline in defence of the
Common Rights & Liberty of America So help me
God.
An Act or Law Made & Passed by the General
Court, or Assembly of His Majesty's Eng-
lish Colony of Connecticutt in New Eng-
land in America, holden at New Haven by
Special Order of the Governor of said Col-
ony, on the 14 Dec^ 1775.
An Act for Restraining & Punishing Persons who
are inimical to the Liberty's of this, and the rest of
the United Colonies and for directing Proceedings
therein.
Be it Enacted by the Governor, Council & Represen-
tatives in general Court assembled, and by the Au-
thority of the same That if any Person within this
Colony, shall directly or Indirectly supply the Minis-
terial Army or Navy with Provisions, Military or
Naval Stores, or shall give any Intelligence to the offi-
cers. Soldiers or Mariners belonging to said Army or
1776] ADMINISTEATION OF GOVERNOR I'RANKtiN". 687
Navy, or shall Inlist or procure any others to Inlist in-
to the service of said Army or Navy, or shall take up
Arms against this, or either of the United Colonies or
shall undertake to Pilot any of the Vessels belonging
to said Navy, or in any other ways shall aid or assist
them, and be thereof duely convicted before the Su -
perior Court, shall forfeit all his Estate, which shall
be accordingly Seized by Order of said Court, for the
use of this Colony : and such Person shall be further
punished by Imprisonment, in any of the Goals in this
Colony, at the discretion of said Court, for a Term,
not exceeding three Years.
And be it further Enacted by the Authority afore-
said That if any Person by Writing or Speaking, or
by any overt Act shall Libel or defame any of the Re-
solves of the Hon^'5® Congress of the United
Colonies, or the Acts & proceedings of the General
Assembly of this Colony made, or which hereafter
shall be made, for the defence or Security of the
Rights & Privileges of the same, and be thereof duly
convicted before the Superior Court, shall be disarmed,
and not allowed to have, or keep any Arms, and Ren-
dered Incapable to hold or serve, in any office Civil or
Military, and shall be further punished either by Fine,
Imprisonment or Disfranchisement, or find Surety of
the Peace &, good behaviour, as said Court shall order,
and shall pay the cost of Prosecution.
And be it further Enacted by the Authority afore-
said That on Complaint being made to the Civil Au-
thority, Select Men, and Committee of Inspection of
the Respective Towns in this Colony, against any Per-
son or Persons Dwelling or Residing in such Town or
any adjoining Town in the same County where there
is not a Committee of Inspection, that he or they are
inimical to the Liberty's of this Colony, and the other
United Colonies in America, it shall be the duty of
such Civil authority, Select Men & Committee to
688 ADMINISTRATION OF aOVERNOR FRANKLIN. [1776
cause every such Person or persons to appear before
them, to be examined, and if on Examination they
shall not be able to Satisfy the said Authority, Select
Men, and Committee, or the Major part of them, that
they are not Inimical to this or the other United
American Colonies; then such Person or Persons shall
be by Order of said authority. Select Men & Commit-
tee, or the Major Part of them. Disarmed & not al-
lowed to have or Keep any Arms Untill they shall
satisfy said Authority, Select Men and Committee, or
the Major Part of them that such Person or Persons
are friendly to this and the other United Colonies.
And for the more effectual Carrying into Execution
this Act according to the true intent and meaning
thereof.
Be it further Enacted by the Authority aforesaid
That when any Person shall be duely convicted & or-
dered to be disai-med as aforesaid, the Superior (Jourt,
or Civil Authority, Select Men, & Committee afore-
said, as the case may happen, are hereby Impowered,
& fully authorized to Issue a Warrant, signed by the
Clerk of the Superior Court, or by one or more of said
Civil Authority, directed to the Sheriff of the County,
his deputy, or to the Constables of the Town, wherein
such Person or Persons dwell, directing and ordering
such Officer forthwith to disarm such Person or Per-
sons and in case, he or they shall refuse to Resign up
his or their Arms, said Officer, by & with the advice
of any one Assistant and Justice of the Peace, or two
Justices of the Peace, is hereby authorised to Raise
the Militia of the County, or so many of them, as they
shall Judge Needful for the purpose of carrying into
Execution such Warrant; and all Military Officers &
Soldiers being duely required, who shall refuse or neg-
lect to obey the Command of such Sheriff, his Deputy,
or Constable, shall be subject to the same penalty, as
by Jiaw is provided for Commission Officers & Soldiers
1776] ADMIJSriSTEATION OF GOVERNOR FRANKLIN. 089
who Refuse to Obey the Sheriff in the Execution of
his Office.
And all Informing Officers are directed to Inquire
after, and due presentment make of all the Breaches
of foregoing Paragraphs of this Act.
And be it further Enacted by the authority afore-
said. That on Information being made to any of the
County Courts within this Colony by the Select Men, of
any Towns, or the Major part of them, that there are
real Estates in such Towns belonging to any Person
or Persons, who have since the making of this Act or
shall Continue to hold & screen themselves under the
Protection of the Ministerial Army or Navy, or have
aided or assisted in carrying into Execution the pres-
ent Ministerial measures against America, such Coun-
ty Courts within this Colony wherein such Estate lyeth
are hereby authorised and Impowered to Issue a War-
rant to attach such Estate an attested copy thereof
With the Officers doings thereon shall be left at the
last usual place of abode, of such Person or Persons if
within this Colony, at least twelve days before the
Sitting of next County Court in such County, and if
on Inquiry by said Court, said Information shaU be
found true. Said Courts are directed to order said Es-
tate so attached to be held under the care of such Per-
son or Persons as said Courts shall appoint who shall
Improve said Estate or Estates for the Use of this
Colony & be Accountable for the Rents & Profits
thereof.
Notes of what M"" Dickinson said before the
House of Assembly of New Jersey.
[The Words in italic are his own Words]
He began with informing the House, That the Con-
gress alarmed at the ReiJorts of the House going to pe-
tition the King had taken the Matter into their Seri-
44
G90 ADMINISTRATION OF GOVERNOR FRANKLIN. [17?6
ous Consideration. The Result was, that he & his
Colleagues were deputed by Congress to wait on the
House — He then began with the first Congress — their
first meeting to appease the Disorders occasioned by
oppressive Acts of Parliament — Their humble Petition
and Declaration of Rights, which was approved by all
America, particularly by this House, which adopted
in great Part the very Words— but the Congress Peti-
tion was rejected, and Britain prepared for War.
She had been taught to believe we were a Rope of
sand and would not fight — To divide us the Resolution
of the 20"' of February was sent out, which Congress
rejected, Pennsylvania rejected, and this House, to
their Honour, in a most raaaly Manner, in their ex-
cellent Address to their Governor.— In the Spring
Genl Gage sent a Detachment to Lexington, which,
ivithout Cause, put to Death some Americans, but in
the End were forced to retreat shamefully. — -When the
new Congi'ess met a general Ferment was through the
Colonies, and an universal Union. Had the Congress
then drawn the Sword and thrown away the Scab-
board, all Lovers of Liberty, all honest and virtuous
Men would have applauded them, but they again hum-
bly petitioned, sent it by the Hon"!/ M-' Penn [which
he would not have the House believe was rejected be-
cause no Answer was given— said no Answer was
ever given to Petitions unless received on the Throne
— said that the Conduct of Parliament & Administra-
tion would be the only Answer — ^suggested that it was
received, and some Proposals or an Act of Parliament
would be the Consequence] — He then went on — But it
was necessary to convince Britain that we luould fight,
and were not a Rope of Sand — Therefore an Army
ivas formed, &? — Expedition against Canada, &c — •
Success attended us everywhere. — The Savages, who
were to be let loose to murder our Wives and Children,
were our Friends — The Canadians fought in our
1776] ADMINISTRATION OF GOVEKNOR FRANKLIN. 691
Cause — and Canada, from whence Armies to overrun
MS is conquered in as feiv Months as it took Britain
Years. We have nothing to fear but from Europe,
8000 Miles distant — but a Country so united cannot be
conquered. — The Eyes of all Europe are upon us; —
until this Controversy the Strength & Importance of
this Country ivas not known — The Nations of Europe
look ivith jealous Eyes on the Struggle — Britain has
natural Enemies, France and Spain — should we be
unsuccessful in the next Campaign, — France will not
sit still and suffer Britain to conquer. — ^He then
bragged of our Success & Courage — said nothing
would bring Britain to Terras, but Unity and Bravery
— That all Britain wanted was, to procure Separate
Petitions which we should avoid. It would break our
Unio7i, we ivould become a Rope of Sand. —He re-
peated, as if to frighten, That neither Mercy nor Jus-
tice was to be expected from Britain. — He again com-
plimented the House on their former Petition and
7ioble Answer to the Governor in their Address on the
Resolution of the 20"' of Feb''^ and intreated us not to
petition, but rest on our former Petition, and that of
United America.
He spoke more than half an Hour.
Mf .Jay — Said We had nothing to expect from the
Mercy or Justice of Britain — That Petitions were now
not the Means, Vigour & Unanimity the only Means
— That the Petition of United America presented by
Congress ought to be relied on, — others unnecessary —
and Hoped the House would not think otherwise.
He spoke about 12 or 1.5 Minutes
M'." Wythe spoke about 8 Minutes to the Same Pur-
pose.
Articles of Confederation and perpetual Union
entered into by the Delegates of the several
692 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
Colonies of New Hampshire &""■ in General
Congress met at Philadelphia May 10*^' 1775^
Article 1*',
The Name of this Confederacy shall henceforth be
the United Colonies of North America.
The said United Colonies hereby severally enter into
a firm league of Friendship with each other, binding
on themselves & Posterity, for their common Defence
against their Enemies, for the security of their Liber-
ties and properties, the safety of their persons & fam-
ilys. — and their mutual & general Welfare.
That Each Colony shall enjoy & retain, as much as
they think fit of their present Laws, Customs Rights,
Privileges & peculiar jurisdictions, within its own
limits, and may amend its own Constitution, as shall
seem best to its own Assembly or convention.
That for the more convenient management of gen-
eral interests. Delegates shall be annually elected, in
each Colony to meet in genera] Congress at such time
and place, as shall be agreed on, in tlie next preceding
Congress, only where particular Circumstances do not
make a deviation necessary it is understood to be a
rule that each succeeding Congress to be held in a dif-
' This is the plan proposed by Dr. Frankha in the Congress which met May \0,
1T75. It was brought forward July 21. but was never acted upon, as it was appar-
ent to most that such a plan was actually the setting up of an independent Govern-
ment, and Congress was as yet averse to a separation from the mother coimtry.
The copy here given differs slightly in some articles from that carefully revised
and edited by Mr. Sparks; because this copy has not been revised nor edited it is
all the more valuable, as likely to be more accurate.— TKorfcs of Franklin, V., 91;
Piikin's Hist. U. 8., I., 348; Otiss BottcCa Hist. Revolution, I., 224. And see the
debate on confederation in July, 1776, aid October, 1777.— Works of John Adams,
II., 492-502.— [W. N.]
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 093
ferent Colony, till the whole number is gone through,
& so in perpetual rotation, and that accordingly the
next Congress after the present shall be held at Anap-
olis in Maryland.
That the Power & duty of the Congress shall extend
to the determining on War & Peace,' the entering into
alliances— the reconciliation with Great Britain. — the
settling all disputes & differences between Colony &
Colony, if such should arise.— And the Planting of
New Colonies where proper.— The Congress shall also
make such general ordinances as may be thought nec-
essary to the general Welfare, which particular Assem-
l)lies cannot be competent to. — these that may relate
to our General Commerce or general Currency, to the
Estabhshments of Posts— The Regulation of our com-
mon forces — the Congress shall also have the a[)p(»int-
ment of all Officers, civil & military appertaining to the
General Confederacy such as General Treasurer, Secre-
tary &° &^
All charges of War, and other general expences to
be incurred for the general Welfare, shall be defrayed
out of a Common Treasury, which is to be supphed by
each Colony in proportion to its number of male Polls
between 16 and 60 years of Age, the taxes for laying
that proportion are to be laid & levied by the laws of
each Colony.
The number of Delegates to be elected and sent to
the Congress by each Colony shall be regulated from
time to time by the Number of such Polls returned, so
as that one Delegate be allowed for every 5,000 Polls,
and that the Delegates are to bring with them to every
congress, an authenticated return of the number of
1 In Sparks's copy the words [the sending and receiving ambassadors] are here
inserted.
694 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
Polls in their recpective Colonies, which is to be taken
for the puiposes above mentioned.
At every meeting of the Congress, one half of the
returned exclusive of Proxies, shall be necessary to
make a Quorum, and each Delegate at the Congress
shall have a vote in all Cases, and if necessarily ab-
sent, shall be allowed to appoint any other delegate
from the same Colony to be his Proxy to vote for him.
9*?
An Executive Council shall be appointed by the
Congress out of their own body consisting of Twelve
Persons, of whom in the first appointment one third
viz* Four shall be for one Year — four for two Years, ik,
four for three Years — and as the said term expires the
Vacancies shall be filled by appointment for three
Years, whereby one third of the number will be
changed annually, and each person that has served the
said term of three Years a Councellor, shaU have a re-
spite of three years before he can be elected again.
This Council of whom two thirds shall be a Quorum,
in the recess of the Congress is to execute what shall
have been enjoined thereby to manage the General
Continental Business and Interest.— to receive applica-
tions from foreign Country's — to prepare matters for
the Consideration of the Congress — to fill up protemp^
continental Offices that fall vacant and to draw on the
General Treasurer for such money as may be necessary
for general services and appropriated by the Congress
to such Services.
10*''
No Colony shall engage in an offensive War, with
any Nation of Indians without the Consent of the Con-
gress or great Council above mentioned who are first
to consider the Justice and Necessity of such War.
1776] ADMIN^lSTRATION OF GOVERNOR FRANKLINT. 695
A Perpetual alliance offensive & defensive is to be
entered into as soon as may be by the Six' Nations—
Their Limits ascertained, and to be secured to them,
their Lands not to be encroach'd on, nor any private
or Colony Purchases made of them hereafter to be held
good, nor any Contract for Lands, to be made, but
betvt^een the great Council of the Indians at Onondaga
and the general Congress. — The boundaries & Lands of
all their Indians shall be ascertained and secured to
them in the same manner — and Persons be appointed
to reside among them in proper districts, who shall
take care to prevent injustice in the trade with them,
and be enabled at our general Expence by occasional
small supplies to relieve their personal Wants and dis-
tress— And aU Purchases from them shall be by the
Congress for the general advantage and benefit of the
United Colonies.
As all new institutions may have imperfections,
which ouly time and experience can discover, it is
agreed that the General Congress from time to time
propose such amendments of this Constitution as may
be found necessary which being approv'd by the ma-
jority of the Colony Assembly s shall be equally bind-
ing with the rest of the articles of this Confederation.
Any and every Colony from Great Britain upon the
Continent of North America, not at present engaged
in our association, may upon application and joining
the said Association be received into the Confederation
Viz*^ Quebec, S- Johns, Nova Scotia, Bermuda, and the
East & West Florida's, And shall thereupon be entitled
' I. e., with.
2 In the draft given by Sparks, Ireland and the West India Islands are here
nserted.
696 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
to all the advantages of our Union — mutual Assistance
& Commerce: These Articles shall be proposed to the
several Provincial conventions or Assembly's, to be by
them considered, and if approved, they are advised to
impower their Delegates to agree and ratify tlie same
in the next ensuing Congress, after which the Union
thereby established, is to continue firm till the terms
of reconciliation proposed in the Petition of the last
Congress to the King are agreed to, till the Acts since
made restraining the American Commerce & Fisher-
ies are repealed, till reparation is made for the Injury
done to Boston, by shutting up its Port — for burning
Charlestown, and for the Expences of the unjust War
— and tiU all the British Troops are withdrawal! from
America — On the arrival of these Events, the Colonies
are to return to their former connections and friend-
ship with Great Britain, But on failure thereof this
Confederation is to be perpetual.
Whereas it hath pleased God to bless these Countries
with a most plentiful harvest whereby much corn and
other provisions can be spared to foreign Nations who
may want the same Resolved that after the expiration
of Six Months from the 20**" day of July instant, being
the day appointed by a late Act of Parliament of Great
Britain for restraining the Trade of the Confederate
C!olonies, all the custom houses therein (if the said Act
be not first repealed) shall be shut up, and all the Offi-
cers of the same be discharged from the execution of
the, several functions — and all the Ports of the said
Colonies are declared to be thenceforth open to the
Ships of every Port and State in Europe that will ad-
mit our Commerce and protect it: who may bring in,
and expose to Sale, free of all Duty their respective
produce and manufactures & every Kind of merchant-
dize excepting Teas, the Merchantdize of Great Brit-
ain, Ireland & the British West India Islands. — Re-
solved that we will to the utmost of our Power main-
17?G] ADMIXTSTRATION" OF GOVERNOR FKANKLIK. 697
tain & support this freedom of Commerce for two
Years certain after its commencement — any recon-
ciliation between us and Great Britain notwithstand-
ing, and as much longer beyond that term as the late
Acts of Parliament for restraining the Commerce,
Fishing and Altering the Laws & Charters of any of
the Colonies shall continue unrepealed.
MeSsSage to the Governor, in Answer to his Mes-
sage on the Support of Government, dated
Nov'' 21.— December 6, 1775.
House op Assembly Dec'' C>. 1775
Ordered
That Mr Hinchman and M"' Mehelm do wait on his
Excellency and in Answer to his Message of the 21^' of
November inform Him That this House have taken
the same into their serious Consideration, and altho'
they entertain the most grateful Sense of the Atten-
tion that has been shewn to the Wishes of the Colony
in the Allowance of the Loan Act, and of his Majesty's
gracious Inclination to give "every Indulgence that can
consist with the true Principles of Commerce and the
Constitution " and are Sincerely disposed to grant his
Majestys Requisitions as far as the Circumstances of
the Colony wiU allow, Yet at this Time the House can-
not think it prudent to go into any Increase of the
Salaries of the Officers of Government, nor do they
apprehend that it will be beneficial for his Government
over us to settle them longer than for the usual Time,
or expedient to erect Buildings at present, better to
accommodate the Branches of the Legislature. —
That the House hopes when it is Considered that on
his Excellencys Arrival to this Government the Salary
was raised from 1000 to £1200 ^ Annum which has
been continued ever since, that £00 a year has con-
698 ADMINISTEATION OF CtOVERN"OE FRAlSTKLIlsr. [1776
stantly been granted to provide a House for his Excel -
lencys Residence, that the Salaries of the Justices of
the Supreme Court have been lately raised from 50 to
£150 "^ annum, that the other Crown Officers either
have Salaries given to them or Fees equal to the Import-
ance of their Service, That there are Places provided
for the Legislature to meet and do the publick Busi-
ness at Perth Amboy, and that altho such Provision is
not made at Burlington yet no considerable Inconve-
nience has attended it. When his Excellency considers
these Matters he will, we hope, be of Opinion with us
that the House has shewn a Disposition to make such
suitable Provision for the Support of Government as
from Time to Time was in their Power, which Noth-
ing has retarded more than the Inconvenience of Two
Seats of Government, a Circumstance they sincerely
wish was removed. But the House assure his Excel-
lency that at a future Day when this Inconvenience
shall be remedied, and the unnatural Controversy now
subsisting, is happily settled, they will shew their
Readiness to comply with every just Requisition, and
demonstrate that they ever mean their Actions shall
correspond with their Professions.
By Order of the House
Rich"? Smith, Clerk
Letter from Gov. FrmiMin to the Earl of Dartmouth,
giving an account of his arrest by Col. Winds,
also of the entering and searching the house of
Mr. Skinner.
[From P. R. O. America and West Indies, Vol. 178 (196).]
Perth Amboy, Jan'.^' 8, lYTG
Eight Hon^.^^ the Earl of Dartmouth, &c
My Lord,
I Yesterday writ to your Lordship informing you
that my Dispatch of the 5^'' Instant was seized by
1776] ADMINISTRATIOK OF GOVERKOR FRA^STKLIX. G99
Lord Stirling.' Soon after, about Noon, I had Intelli-
gence that he had sent his Lieu* Col. W"' Winds, witli
a Party of Provincial Soldiers, to join a Party which
had been for some Weeks before at the Barracks of
this City. He gave out that he came to wait on the
Governor on some particular Business; however, I
heard nothing from him until about two o clock that
Night, when I was avv^aked with a violent knocking
at my Door, which alarmed my Wife so much that I
was not without Apprehensions of her Dying with the
Fright. Looking through the Chamber Window I
perceived that a Number of armed Men had invested
the House. My Servant going to the Door received a
Letter from a Man who told him it was from Col.
Winds, and that he aiust have an immediate Answer.
— The Letter is in these AV^ords, viz*
''His Excellency William Franklin, EsqT
" I have Hints that you intended to leave the Prov-
" ince if the Letters that were intercepted should be
" sent to the Continental Congress, as I have particu-
" lar Orders concerning that Matter, I desire that you
"will give me your Word and Honour that you will
"not depart this Province till I know the Will &
' ' Pleasure of the Continental Congress concerning
"that Matter.
" From Your humble Servant
"William Winds."
To which I returned the following Answer.
" Sir, Being conscious that my Letter which has
" been intercepted contained nothing but what was
" my Duty to write as a faithful officer of the Crown
" (being a mere Narrative of such Facts and Reports
"as had come to my Knowledge concerning publick
" Transactions) I have not the least Intention to quit
' ' the Province, nor shaU I unless compelled by Vio-
' See Duer's Life of Lord Stirling, 118.
700 ADMINISTRATION OF GOVERNOR FRANKLIN. [17TG
" lence. Were I to act otherwise it would not be con-
" sistent with my Declarations to the Assembly, nor
" my Regard for the good People of the Province,"
' ' Youi' humble Servant,
"William Franklin.'-
Soon after a Number of Centinels were posted at
different Places round the House till towards Day
Light, when they were all with drawn, excepting one
at my Front Gate, who still continues there.' And I
have just received Intelligence that two of the Officers
were over heard to declare that they are determined
to seize me at the Barracks till the Determination of
the Congress is Known.
M-' Skinner's House was invested the same Night
when they obtained an Entrance and searched the
House through for him, but without Effect, as he had
the Precaution to leave the Town in the Morning, in
order to endeavour to make his Escape across Staten
Island to one of the King's ships at New York, where,
from what I have since heard, he is probably arrived
safe.
Winds, I understand, has sent my Letter to Lord
Stirling at Elizabeth Town, and waits farther Orders
from him. He has just assured a Servant of mine
who met him in the Street, that he was extremely
concerned for the Disturbance he had given me and
M'.'' Franklin at such an improper Time of the Night,
but that he could not avoid it, his Orders being posi-
tive to send his Letter to me at that Time. So that it
seems I have no Body to blame but Lord Stii'ling for
that Transaction.
I find it is conjectured that the Congress will order
me to be seized and sent to the Interior Part of the
Country, that I may not have an Opportunity of
• For the peppery correspondence between Gov. Franklin and Lieut. Winds on
on this occasion, see Duer's Life of Stirling, 120-1.
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 701
transmitting any more Intelligence to your Lordship.
This has occasioned me to make another Copy of the
Letter which was intercepted, in hopes of having
some safe Opportunity of conveying it to New York
in Time for the Ship. — Some of the Newspapers, &c.
sent in the Original I have no Duplicates of.
M- Dash wood Secretary of the General Post Office
has been kind enough, on hearing of the Disaster
which befel my Dispatch to send off a Man belonging
to the Office at New-York for any Letters I may have
for England; but as I find there are Centinels placed
at all the Ferries, and in many other Places, it will
not be prudent to trust him with this Dispatch.
Whatever may happen I am determined that noth-
ing shall influence me to swerve in the least from that
Loyalty and Duty, which I owe His Majesty which
has been the Pride of my Life to demonstrate upon
all Occasions.
I have the Honour to be, with the greatest Respect
and Regard,
My Lord, Your Lordship's most obedient
& most humble servant
W"? Franklin
Report of Richard Jackson, Esq., on an Act passed
in the Province of New Jersey in September, 1772,
for the 7'elief of Richard Stevens luith respect to
the imprisonment of his person.
[From P. R. O. B. T., New Jersey. Vol. 10, L. 30.|
To the Right Honourable the Lords Commis-
sioners for Trade and Plantations.
3Iay it please your Lordships
hi obedience to your Lordships Commands Signi-
fied to me by M^ Pownall, I have perused and consid-
702 ADMINISTRATION OF GOVERNOR FEANKLIN. [1776
ered An Act passed by the Governor Council and
Assembly of New Jersey in September 1772 Intitled,
An Act for the Relief of Richard Stevens with re-
spect to the Imprisonment of his Person.
And I see no material objection in point of Law to
the same
Which is humbly submitted by
My Lords, Your Lordships' Most Obedient,
Most Humble Servant,
22" February 1776 R^ Jackson
Letter from Gov. Franklin to Secretary Lord George
Germain, giving an account of the Seizure of his
person by order of Lord Stirling.
[From P. R. O. America and West Indies, Vol. V8 (10(5).]
Perth Amboy March 2s'!' i77t)
Rt. Hon^**" Lord George Gerinain.
My Lord,
I am honoured with your Lordship's Dispatch N° 1.
and a circular Dispatch dated the ^o"' of December.
I cannot have a stronger Inducement to persevere in
my zealous Endeavours for the King's Service, than
to find they are approved by His Majesty. It is this
Consideration which has incited me to hold up under
the present surrounding Difficulties and to ]-isk all im-
pending Dangers.
My Letters to Lord Dartmouth of the 7"' & 8'!' of
Jan"".^' will give your Lordship some Idea of my then
disagreeable Situation. I have not at present suffi-
cient Leisure to give a particular Detail of the several
Occurances since that Time; but as I have kept a regu-
lar Diary of the principal Transactions, and the Treat-
ment I received in consequence of the Interception of
1776] ADMIKISTRATION OF GOVEKN^OR FRAKKLIN. 703
my Dispatches, I have it in my Power to furnish a
full Account of them should it ever become necessary
or expedient. It may suffice at this Time to inform
your Lordship that, as I absolutely refus'd to give my
Word and Honour to Lord Stirling's Lieu- Col. Winds
not to leave the Province until further Orders from
the Congress, and as I wrote him a Letter command-
ing him to remove the Guard placed about my House
as he would answer the contrary at his Peril, Winds
was ordered by Lord Stirling to seize my Person and
send me under a Strong Guard to Elizabeth-Town, a
Place about 16 Miles from hence, where his Lordship
had his Head Quarters. ' Accordingly I was made Pris-
oner by a Party of about 100 Soldiers, headed by four
or five Officers, it not being in my Power in the pres-
ent Situation of Affairs to make the least Eesistance.
But while I was getting myself ready to go with them
the Chief Justice who resides in this Town, came in
and informed me, that being greatly alarmed at hear,
ing of my being made a Prisoner, and apprehensive
for the 111 Consequences that would ensue to the Prov-
ince in general, and to this Town in particular, should
I be demanded by one of the King's Ships now Sta-
tioned at New York, he had, before he left his House
sent a Message to Winds, then at Amboy Barracks,
requesting he would countermand the Orders he had
given for sending me to Eliz"' Town, and from Winds's
Answer he had reason to think that he was disposed
to comply with his Request — that he had therefore
come to desire the officers would not remove me
from my House mitil they should hear further from
Winds, to whom he was then going. As I express'd
myself perfectly indifferent whether I was sent to Eliz^''
Town or not, and that I should consider the Insult I
1 " I have provided good geuteel private Lod^iags for the Governor, at Mr. Boudi-
not's which I expect he will occupy this afternoon, aud where I intend he shall re-
main untill I have directions from Congress what to do with him," wrote Lord
Stirliaq: from Elizabethtown, January 10, 1776. — 4 American Archives, VI., 596.
704 ADMINISTRATION OF GOVEKNOK FRANKLIN. [1776
had received equally the same, and as the officers inti-
mated their Doubts whether Winds could dispense with
the Orders he had receiv'd from Lord Stirling, the
Chief Justice again repeated his Eequest that we
would not depart from my House till he had seen
Winds. My Answer was, that I certainly had no In-
clination to be taken from Home, especially as I must
leave M'".^ Franklin in so dangerous a State as she had
been thrown into by her Fright on the Occasion, yet,
as they had presumed to come with an armed Force
and make me a Prisoner, I was determined to ask
nothing that should have the Appearance of a Favour
to myself, nor would I at all interfere in the Matter,
but should be ready to go in a Quarter of an Hour
wherever they might think proper to take me. How-
ever the Officers consenting to wait till the Chief Jus-
tice should go to the Barracks, I got myself ready,
and, after waiting about an Hour, finding the Officers
seemed uneasy tliat he did not return so soon as they
expected, and I having particular Eeasons why I
wish'd not to delay the Journey longer if I was to
undertake it, I told them I was ready to set out when-
ever they thought proper. On which they desired me
to get into my Coach, then waiting at the Door, and I
set out, accomjianied by M' Stephen Skinner, one of
His Majesty's Council, whom I had desired to go with
me, in order to be Witness to what might pass between
me and Lord Stirling. But I had not gone above 2 or
3,00 yards before I met the Chief- Justice, accompanied
by one of Wind's officers, who directed my Guard to
stojj, and informed them that Col. Winds had con-
sented to my remaining at my own House, until the
Chief Justice should return from Ehzl*' Town, where
he had promised to go in order to represent the Impro-
priety of my Removal, and to prevail on Lord Stirling
to recall his Orders. I was accordingly brought back
to my House, where Winds soon after came, and I
177t)] ADMINISTRATION OF GOVERNOR FRANKLIN. 705
told them that as to sending to Lord Stirling, I desired
they would remember that it was a Matter entirely
between themselves; for that I considered myself as in
illegal Confinement, and should therefore neither ap-
prove nor disapprove the Measures. The Result was,
that the Chief-Justice went to Lord Stirhng — the
Guards were soon after his Return removed from my
House, and I have continued unmolested ever since'. —
I have heard, indeed, that many of the Members of
the Continental Congress disapproved of Lord Stir-
ling's Conduct toward me, tho' they have not as a
Body censured him on that Account; but it is not im-
probable that it is in a great Measure owing to this
Circumstance that I have not yet experienced any far-
ther Effects of his Resentment for my Suspension of
him from the Council. — On the whole I should have
been better pleased that the Chief J ustice had not in-
terfered between us, (tho' he probably did it from the
best Motives) as the Congress, had I remained a Pris-
oner at Elizabeth Town, would have been under a
Necessity of giving some Orders respecting me, and I
much wanted to see how they would have behaved on
the Occasion. It has long appeared to me, that they,
or some of them at least, wanted to have the King's
Governors to quit the Colonies, that they might have
a Pretence for forming them into separate Republics, as
they have already done in New Hampshire, where they
alledge the Governor's absenting himself to be one of
their principal Reasons for establishing a new Form of
Government. This Consideration determined me to
remain here as long as possible, that they might not
have the same Pretence for assuming and altering the
Government in this Province, tho' it has been often
' Lord Stirling reported to Congress ; " Chief Justice Smyth, thinking if possible
to put the matter upon an easier footing for the Governor, prevailed on him to
give his parole not to depart from his house on any pretence whatever, not even if
a rescue should be attempted by Captain Parker, or any other person." — 4 American
Archives^ VI., 822; Duer's Stirling, 121-2.
45
706 adminisTeation of governor franklin. [1776
recommended to me to retreat in Time. Perhaps, if
there had been a King's Ship stationed in the Harbour
at Amboy, on Board of which I might have resided as
GovV Tryon had done, and yet still consider myself as
in my Province, and execute the Powers of Govern-
ment, I might, during the Time I was so ill-treated,
have contrived to have gone on Board; but as that
was not the (Jase, my Language has constantly been
— You may force me, but you shall never frighten me
out of the Province.
M^ Cortland Skinner (the Attorney-General &
Speaker of the Assembly) whom I mentioned in a
former Letter, as having taken Refuge on Board a
Man of War, is now with Governor Tryon on Board
the Duchess of Gordon; nor can he, consistently with
Prudence, yet venture to return, as much Pains have
been taken to represent his Letter as highly inimical
to the Liberties of America. I much regret his Ab-
sence, as he is a Gentleman in whom I could put the
utmost Confidence in whatever respected His Majes-
ty's Service; he having uniformly, from the first of
the present unhappy Disputes, bore his pubHc Testi-
mony against the outrageous Conduct of the Ameri-
cans. His Absence is likewise of great Detriment to
his Family, he having a Lady and thirteen Children
whose support in a great Measure depends on his
Practice. I cannot therefore but recommend his Case
to His Majesty's most gracious Consideration.
It has been intimated to me, that I shall probably
have some Difference with the Council at their next
Meeting, on Account of that Paragraph of my inter-
cepted Dispatch (N? 31) which respects their Conduct
at the late Session. I have long had a great Esteem
for most of the Gentlemen of the Board, and we have
hitherto done Business together with great Harmony.
The greatest Part of those present were brought into
the Council on my particular Recommendation, and I
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 707
flattered myself were my particular Friends. How-
ever, they thought proper to send me, without any
just Pretence, what, I think, will appear to every Man
of Sense and Candour, an angry illiberal Message. I
returned them an Answer with as much Temper as I
was Master of. As these Messages were of course to
be transmitted to His Majesty's Secretary of State, it
was necessary that I should give my Opinion as to the
Cause and Intention of so unprovoked an Attack.
This I did to the best of my Judgment at the Time I
wrote my Letter, nor have I yet any Reason to attrib-
ute their Conduct to any other Motives than what I
there suggested. If I ever should have Reason to
think myself mistaken on that Head, I shall deem it
my Duty to inform your Lordship of it. I am con-
vinced that there are some Members of the Council
who reprobate most of the Measures which have been
adopted by the Congress as much as I do, tho' they
have at Times been under a Necessity, for the Preser-
vation of themselves & Families, in these Times of
Violence, to appear to entertain Sentiments of a dif-
ferent Nature. I am likewise persuaded that there
are others who do really approve the Measures of the
Congress, and who do not scruple to publickly indi-
cate them in some of the most important Points. I
do not believe, however, that these were aware of the
pernicious & destructive Tendency of those Measures;
on the contrary, I have no doubt but that their Appro-
bation was founded on a full Persuasion they had,
that the Congress meant what they professed — a Re-
conciliation with the Mother (Country on the Princi-
ples of the English Constitution. Nor do I imagine
they would have given any Countenance to the Pro-
ceedings of the Congress had they suspected a Design
in them or their Leaders of widening the Breach for
the Sake of a more easy Admission of Independency.
708 ADMINISTKATION OF GOVERNOR FRANKLIN. [1776
And, indeed, I cannot but think, it is not only doing
the Gentlemen of the Council, but the greatest Part
of the Members of the Continental Congress, Justice,
to believe that they are averse to Independency, not-
withstanding that the Majority have incautiously suf-
fered themselves to be led by some designing Men
among them into a System of Measures v^hich, if suc-
cessful, can have no other Effect.
I have been told that a Majority of the Provincial
Congress v^hich lately met at Brunswick, appeared in-
clined to adojDt an Independency, should it be recom-
mended by the Continental Congress at Philadelphia;
but I do not imagine that would be the Case with the
present Members of the New-Jersey Assembly, not-
withstanding it must be allowed that the Minds of a
great Number of the People have been much changed
in that respect since the PubMcation of a most inflam-
matory Pamphlet in which that horrid Measure is
strongly and artfully recommended. This Pamphlet,
however, has had one good Effect, which will in some
Degree counteract the Mischiefs it was intended to
promote. It has been the Means of opening the Eyes of
many People of Sense & Property, who before would
not believe that there were any Persons of Consequence,
either in or out of the Congress who harboured
such Intentions. Those are now alarmed — see their
Danger — and begin to venture to express their Fears
& Apprehensions. Several Pieces in the Newspapers,
and one Pamphlet, in Answer to Common Sense, have
already appeared in Philadelphia. Another Answer
was printed in New York, and ready to be published,
but a Committee of that City, I hear, has seized & de-
stroyed all the Copies in the Printer's Hands, and see
no Inconsistency in professing themselves, at the same
Time, Champions for the Liberty of the Press. — The
two Pamphlets, Common Sense & Plain Truth I send
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 700
enclosed for your Lordship's Perusal. The latter is
very incorrectly printed, probably owing to the Au-
thor's being at a Distance, and the Ignorance of the
Printer. I have likewise enclosed a Newspaper con-
taining Pieces for & against seizing the Commission-
ers expected from England immediately on their Ar-
rival.
I most sincerely wish that so wise and lenient a
Measure, as the sending out Commissioners, may ef-
fect a lasting Reconciliation and Union between the
two Countries. But, if we may judge from the Tem-
per manifested in some late Publications, nothing in
the Power of some of our artful and designing Men
will be omitted to counteract the merciful & benevo-
lent Intentions of the supreme Legislature in this re-
spect. They already, as your Lordship will see, rep-
resent Reconciliation and Ruin as nearly related.
The Act of Parliament inclosed in your Lordship's
Circular Dispatch I shall not fail paying all the Atten-
tion to in my Power.
I send herewith Copies of the Votes of the House,
and of the Acts passed at the last session of General
Assembly; also Copies of the Minutes of the Legisla-
ture & Privy Councils. In the latter [Dec!" 2''] Your
Lordship will see the Reasons which induced me to
suspend Lord Stirling from his Seat in the Council of
this Province, until His Majesty's Pleasure shall be
Known — and I shall be glad to Know His Majesty's
Determination as soon as may be convenient.
I likewise send Copies of my Speech, and the Ad-
dresses and Messages of the last Session; Also the
printed Extracts from the Journals of the Provincial
Congress of New-Jersey. They have not yet published
any Account of the Proceedings at their late Meeting
at Brunsvv^ick,
The enclosed Acts of Assembly containing nothing
710 ADMINISTRATION" OF GOVERNOE FRANKLIN. [1776
of a new or extraordinary Nature, I need not trouble
your Lordship with any Remarks on them.
I have the Honour to be, with the greatest Respect,
My Lord, Your Lordship's most obedient
& most humble Servant
Wf Franklin
( Verte)
P. S. I have just heard that two of the Delegates
(D'.' FrankHn & Ml' Chace) have passed through Wood-
bridge this Morning in their Way to Canada, accom-
panied by a M"' Carrol, a Roman Catholic Gentleman
of great Estate in Maryland,' and a Romish Priest or
two. It is Suggested that their Principal Business is
to prevail on the Canadians to enter into the Confed-
eracy with the other Colonies, and to send Delegates
to the Continental Congress. It is likewise reported
that a great Number of the Continental Troops have
returned to Albany, not being able to cross the Lakes
—Several Soldiers, Carriages, &c. having fallen in,
and some Lives lost, by the Breaking of the Ice."
' The John Carroll afterwards Archbishop of Baltimore. Dr. Fi-anklin was at
New Brunswick, March 27, and expected to reach Newark next day. — Franklin''s
Works, Vin., 178-80.
2 Governor Franklin was permitted to remain quietly in his house, shorn of pow-
er, for more than two months after the above letter. On Blay 30 he issued a proc-
lamation, summoning the Assembly to meet on June 20. The Provincial Congress
on Jime 14 declared this a contempt and violation of the resolves of the Continental
Congress, ordered him under arrest, and stopped his salary. As the Governor was
stubborn, they recommended the Continental Congress to remove him to some
other colony. By the advice of the latter body he was summoned before the Pro-
vincial Congress for examination June 21, but refused to answer any questions, de-
njnng the authority of his inquisitors. The Continental Congress then ordered him
to be sent to Connecticut, where he remained until November 1, 1778, when he re-
moved to New York, having been exchanged. — 4 Ain. Archives, IV., V., VI., sub
nom.; WhitehcacVs Perth Amboy, 191-200; Minutes of Provincial Congress, etc.,
1756-6, sub nom. In a diary kept by James Craft, of Burlington, are these refer-
ences to Governor Franklin:
', 1767, 6 mo., 20. Governor Franklin Guarded to Town by Col. Herd and his MDitia.
" " mo., 21. To the Court House in this order:
18 Ar^iied Men. [Coach.] -] |- ^^If^
" " mo., 26. He sett off for Hartford in Connecticut, Guarde 1 by 23 men to
Prince Town and so on."— Hist. Mag., Oct., 1857, 301.— [W. N.]
1776] ADMINISTRATIOX OF GOVERNOR FRANKLIN. 711
Requisition of Jonathan Deare by order of the Com-
mittee of Safety upon Captain Heathcote John-
ston, for four men from Middlesex County.
[From New Jersey Manuscripts, Vol. II., No. 37.]
To Captain Heathcote Johnston
.ST
By an order of the Committee of Safety and Gen'
Dickinson 100 Draught are ordered from Middlesex
County to go to New York four of which men are to
be Drafted from "your Company to be at Woodbridge
next Wednesday which men you are to have ready by
that time. I am S"" Y^ Hble Serv?
JoNA Deare.
Agreeable to the above order the men have been
fairly Draughted and fell to the lott of Philip Kearny
Francis Burke John Higgins and John Robs who are
ordered to hold themselves in Readiness or find a man
in their room
Heathcote Johnston.
Order iyi Coimcil, approving a draft of a Commission
for the Lord High Ad^niral of England, to j^^^o-
ceed upon all seizures, etc., of ships taken from
the Colony of New Jersey and other Colonies.
[From P. R. O. America and West Indies, Vol. 112.]
_^ At the Court at S^ James's the 25™
I"'- i Day OF April 1776.
Present
The King's most Excellent Majesty in Council.
Whereas there was this Day read at the Board, the
annexed Draught of Instructions for the Commanders
712 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
of His Majesty's Ships and Vessels of War, with re-
spect to the Seizing and proceeding after seizure of
the Ships and Vessels belonging to the Colonies of
New Hampshire, Massachusett's Bay, Rhode Island,
Connecticut, New York, New Jersey, Peusilvania, the
three Lower Counties on Delaware, Maryland, Vir-
ginia, North Carolina, South Carolina, and Georgia,
during the continuance of the present Rebellion within
the said Colonies respectively His Majesty taking the
said Draught of Instructions into Consideration, was
pleased with the Advice of His Privy Council to Ap-
prove thereof, and to Order, as it is hereby Ordered,
that the Right Honourable Lord George Germain, One
of His Majesty's principal Secretaries of State, do cause
the said Instructions to be prepared for His Majesty's
Royal Signature.
Instructions for the Commanders of Our Ships and
Vessels of War in consequence of An Act passed in
this present Session of Parliament prohibiting all
Trade and Commerce with the Colonies of New.
Hampshire, Massachusets Bay, Rhode Island, Con
necticut. New York, New Jersey, Pensilvania the
three lower Counties on Delaware, Maryland, Virginia,
North Carolina, South Carolina, and Georgia, during
the continuance of the present Rebellion within the
said Colonies respectively and enacting that all Ships
and Vessels belonging to the Inhabitants of the said
Colonies, together with their Cargoes Apparel and
Furniture which shall be found trading in any Port or
Place of the said Colonies or going to trade or coming
from trading in any such Place shall be forfeited to Us
as if the same were the Ships and Effects of Open
Enemies and shall be so adjudged deemed and taken
in all Courts of Admiralty and in all other Courts
whatsoever and by Virtue of Our Commission granted
under the Great Seal of Great Britain l)earing date the
2 day of May 1776, Given at Our Court at S- James's
1776J ADMINISTRATIOlSr OF GOVERNOR FRANKLIN. 713
the Second day of May ITTG in the Sixteenth Year of
Our Eeign.
1. That by Virtue of the above mentioned Act of
this present Session of Parhament and of our Commis-
sion aforesaid The Commanders of Our Ships and Ves-
sels of War are Authorized and required to set upon
by Force of Arms and Subdue and take the Ships and
Vessels of or belonging to the Inhabitants of the said
Rebellious Colonies together v^ith their Cargoes Ap-
parel and ffurniture which shall be found trading in
any Port or Place of the said Colonies, or going to
Trade or coming from trading in any such place and
all such other Ships, Vessels, and Goods as are or shall
be liable to Confiscation by the several Statute Laws
of the Realm or pursuant to the respective Treaties
between Us and other Pi'inces States — and Potentates
or the Law and Usage of Nations but so as that no
Hostility be committed noi* Prize attacked seized or
taken within the Harbours of Princes and States in
Amity with Us, or in their Rivers or Roads within
Shot of their Cannon, unless by permission of such
Princes or States or of their Commanders or Gover-
nors in Chief in such places.
2. That all Ships carrying Soldiers, Arms, powder,
Ammunition or any Naval or Warlike Stores or Pro-
visions or other Goods, Wares, Merchantdizes or Ef-
fects to any of the said Rebellious Colonies for the
Use Benefit or Advantage or on Account of the Inhab-
itants thereof shall be seized as prizes except Ships and
Vessels retained or employed in our Service or Ships
and Vessels laden with Provisions or other Stores for
the Use of Our Fleets Armies or Garrisons or for the
Use of the Inhabitants of any Town or place Garri
soned or possessed by any of Our Troops or of any
Colony or Province, County, Town, Port District or
place which may or shall be proclaimed by lawful
Authority to be at the peace of His Majesty or except
714 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
as in the said Act of the present Parhament is excepted.
3. That our said Commanders of our Ships and Ves-
sels of War shall bring such Ships, Vessels and Goods
as they have seized or shall seize and to take to such
Port of this Our Realm of England or some other Port
of Our Dominions as shall be most convenient for them
in Order to have the same legally adjudged in our
High Court of Admiralty of England or before the
Judges of such other Admiralty Court as shall be law-
fully Authorized within our Dominions except as in
the said Act is excepted.
4. That after such Ships Vessels and Goods shall be
taken and brought into any Port — The taker or one of
his Chief Officers or some other Person present at the
Capture shall be obliged to bring or send as soon as
possibly may be three or four of the principal of the
Company (whereof the Master Mate or Pilot to be
always two) of every Ship or Vessel so brought into
Port before the Judge of Our High Court of Admiralty
of England or his Surrogate or before the Judge of
sucli other Admiralty Court within Our Dominions as
shall be lawfully Authorized as aforesaid or such as
shall be lawfully Commissioned in that behalf to be
Sworn and Examined upon such Interrogatories as
shall tend to the discovery of the Truth touching the
Interest or property of such Ship or Ships Vessel or
Vessels and of the Goods Merchantdizes or other Ef-
fects found therein and the taker shall be further
Obliged at the time he prodaceth the Company to be
Examined to bring and deliver into the Hands of the
Judge of the High Court of Admiralty of England his
Surrogate or the Judge of such other Admiralty Courts
within Our Dominions as shall be lawfully Authorized
or others Commissioned as aforesaid all such Papers
Sea Briefs, Charter Parties, Bills of Lading Dockets
Letters and other Documents and Writings as shall
be delivered up or found on Board any such Ship The
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 715
said taker or one of his Chief Officers or some other
person who was present at the Capture and saw the
said Papers and Writings dehvered up or otherwise
found on board at the time of the Capture making
Oath that the said Papers and Writings are brought
and dehvered in as they were received or taken with-
out any Fraud Addition Subduction or Embezzlement.
5. That such Ships or Vessels Goods Wares Mer-
chandizes and Effects taken by any of our Ships or
Vessels of War shall be kept and preserved and no
part of them shall be sold spoiled wasted or dimin-
ished and that the bulk thereof shall not be broken
before Judgment be given in our high Court of Ad-
miralty of England or some other Court of Admiralty
lawfully authorized in that behalf the [that] said Ships
or Vessels Goods Wares Merchandizes and Effects are
lawful prize.
6. That no Commander or other Officer of any of
Our Ships or Vessels of War shall unless in Case of
the greatest necessity ransom any Ship or Vessel
taken as prize when such Ship may be brought into
some Port of Our Dominions (except the Ports of the
said Eebellious Colonies or Plantations) and in Case
any Ship or Vessel taken as Prize shall be Ransomed
the Reasons of Ransoming any Ship or Vessel and
any Persons on board the same and the Conditions of
such Ransom shall be transmitted to the Lords Com-
missioners of the Admiralty and to the Judge of the
High Court of Admiralty and preparatory Examina-
tions upon the standing Interrogatories shall be taken
as in Cases of Prize and a Condemnation of such Ran-
som shall be had according to the Ancient Course and
Practice of the Admiralty.
7. That no Commander or other Officer of any Our
Ships or Vessels of War do presume upon any pre-
tence whatsoever to Ransom or release any Prisoners
716 ADMINISTRATION OF GOVERNOR FRANKLIN. [177G
unless such as may be necessary to navigate the Ship
which shall be taken and ransomed.
By His Majestys Command
Stephen Cottrell
Articles of Association of the Freeholders and Inhabi-
tants of PequanocJc, in the County of Morris,
pledging themselves to sustain the action of the
Continental and Provincial Congresses, in defend-
ing the Constitution, signed by 1S(\ persons.
[From New Jersey Historical Society Manuscripts.]
[May] 1776.
We the subscribers, freeholders and inhabitants of
the township of Pequannock, in the County of Morris,
and province of New Jersey, having long viewed with
concern the avowed design of the Ministry of Great
Britain to raise a revenue in America, being deeply
affected with the cruel hostilities already commenced
in Massachusetts Bay for carrying that arbitrary de-
sign into execution, convinced that the preservation
of the rights and privileges of America depends under
God, on the firm union of its inhabitants, do, with
hearts abhorring slavery, and ardently wishing for a
reconciliation with our parent State on constitutional
principles, solemnly associate and resolve under the
sacred ties of virtue, honor and love of our country,
that we will personally, and so far as our influence
extends, endeavour to support and carry into execu-
tion whatever measures may be recommended by the
Continental and Provincial Congresses for defending
our Constitution and preserving the same inviolate,
according to the resolutions of the aforesaid Continen-
tal and Provincial Congresses, firmly determined by
11'76j ADMiNIStEAtlON OF GOVERNOR FRANKLIN. 717
all means in our power to guard against the disorders
and confusions to which the peculiar circumstances
of the times may expose us.
We do also further associate and agree, as far as
shall be consistent with the measures adopted for the
preservation of American freedom, to support the
magisti*ates and other civil officers in the execution
of their duty agreeable to the laws of the colony,
and to observe the directions of our Committee acting.
Eobert Gaston, John Munson, Moses Tuttle, John
Gould, Joseph Conger, Edward Jackson, Elijah Leon-
ard, Benajah Danels, Samuel Martin, Joseph Hoff,
Garrett Hoff, John Hoff, Charles Hoff, jr., Robert
Wilson, Samuel Blair, Alexander Bates, John Rey-
nolds, Benjamin Fairchild, James Coulter, Jonathan
Johnson, John Cardy, Charles Crawley, John Robe-
son, sen., John Robeson, jr., David Vanderpool, Peter
Johnson, Eliphalet Lyon, William Cough, Gershom
Wiggins, James Nox, John DeBow, John White,
William Upham, John Wilson, John Galloway, Rich-
ard Van Cock, James Cardiff, Joseph Holmes, Gillis
McPherson, James Ronal, Thomas Price, George G.
Barr, John Magie, James Norton, William Edwards,
John Browne, John Wilson, Isaac Miller, Peter Little,
Edward McRanke, Jonathan Salsbury, Hugh Quigg,
Charles Stuart, John Lee, Samuel Harris Christian
Hoffman, John Biard, John Davis, Ada Showen, J.
Jackson, William Rose, Louis Demorest Dunzoy,
James McUrdy, James Mitchell, James Daily, Henry
Stock, Hugh Davis, John Richardson, Henry Link,
Jan Bigelow, James Tharp, Daniel Talmage, Jonathan
Carrington, John Wilson, Joshua Moore, Mark Wal-
ton, William Ross, David Beman, Isaac Vanduyne,
Joseph Harriman, Richard Harriman, Josias Gold-
smith, William Drummon, John King, Samuel Lind-
ley, Joseph Porter, Aaron Willis, Job Allen, Stephen
Jackson, Israel Youngs, Ebenezer Tuttle, Jabez
718 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
Biglow, David Allen, Henry Berry, jr. , Joseph Rogers,
Seth Mahmdn, Silas Hathav^ay, Joseph Hull, Aaron
Biglow, John Harriman, Aaron Hedden, Joseph Bed-
ford, Isaac Eoss, John Pierson, Daniel Jackson,
William Fisher, Josiah Biglow, John Miller, Michael
Montgomery, John McConnel, Peter Hyler, Josiah
Beman, William Price, Daniel Biglow, Josiah Beman,
Isaac Kelly, WiUiam Howard, Helmer Kent, Hiram
Howard, James Hindes, Arthur Young, Jacob Lyon,
John Peer, Luman Robeards, Benjamin Wankle,
John Marinus, Daniel Hayward, Moses Stiles, Phineas
Farrand, Philip Price, jr., Peter Francisco, Philip Dor-
man, John Doremus, Philip Hiler, Samuel Farrand,
Jake Harrison, Henry Young, Samuel Price, Hum-
phrey Davenport, Thomas Welshear, Martin Fred-
erick, Abraham Loughenner, John Essler, Mouris
Mourison, Peter Hiler, jr.. Brant Jacobus, Philip Hol-
enkous, Abraham Jacobus, Cornelius A. Jacobus,
Henry Hennion, John Cone, Martin Frederick, sen.,
Hinery Mourison, James Jacobus,. Nathan Cone, Coon
Vreeland, Henery Van Houten, John Pear, John
Paiiaman, Abraham Peer, Nicholas Hiler, Edmund
Kingsland, John Hiler, Henry Lowerus, Cornelius
Jacobus, James Jennings, Peter Tice, John Nix, Con-
rod Esler, Martin Young, Jacob Vanduyne, Jacob
Hoppon, James Shane, Garett Farrall, Peter Roburds,
Jacob Hiler, John Miller, jr. of jrs.
1770] ADMllsriSTEATlON OF GOVEKKOR FRANKLIN. 719
Letter from Governor Franklin to the Legislature of
New Jersey.
[From the New York Gazette and the Weekly Mercury, Monday, February 3, 1777.]
To the Honorable the Gentlemen of His Majes-
ty's Council and to the Gentlemen of the
House of Representatives of His Majesty's
Province of New Jersey
Having by Proclamation summoned you to attend
a meeting of the G-eneral Assembly of the province,
on the 20"' instant, in order that I might communicate
to you matters of great importance to the public wel-
fare, and as there now seems little probability that I
shall have it in my power ^to meet you, agreeable to
my intentions, it is necessary that I should acquaint
you with the cause of the disappointment, that you
may act such a part on the occasion as you may think
the nature and exigency of the case requires.
Between nine and ten o'clock this morning, Mr. Na-
thaniel Heard, of Woodbridge, and Mr. Jonathan
Deere of this place, called at my house, and on my
enquiring of Mr. Heard, what his business was, he
delivered into my hands a paper, of which the follow-
ing is a copy.
"I William Franklin, being apprehended by an oi-der of the Provin-
cial Congress of New Jersey, do promise and engage on ray word and
honour and on the faith of a Gentleman to depart within two days from
hence to in the province of New -Jersey, being the place of
my destmation and residence, and there, or within six miles thereof, to
remain during the present war between Great Britain and the said United
Colonies, or until the Congress of the said United Colonies, or the Assem-
bly, Convention, or Committee or Council of Safety of the said colony
shall order otherwise, and that T will not directly or indirectly, give any
intelligence whatsoever to the enemies of the United Colonies, or do, or
say any thing in opposition to, or in prejudice of the measures and pro-
ceedings of any Congress for the said colonies, during the present
troubles, or until I am duly discharged. Given under my hand tliis
Day of A. D. 1776."
720 ADMINISTRATION OF GOVEENOR FRAKKLIN. [1776
After perusal of this paper I desired to know of Mr.
Heard, by what authority he tendered it to me; on
which he produced the two following papers, viz:
" To Colonel Nathaniel Heard,
"The Provincial Congress of New- Jersey reposing great confidence in
your zeal and prudence, have thought fit to entrust to your care the exe-
cution of the enclosed Resolves. It is the desire of Congress that this
necessary business be conducted with all the delicacy and tenderness
which the nature of the service can possibly admit of.
" For this end you will find among the papers the form of a written
parole, in which there is left a blank space for you to fill up, at the choice
of Mr. Franklin, with the name of Princeton, Bordentown, or his own farm
at Rancocus. When he shall have signed the parole, the Congress will
rely upon his honour for the faithful performance of his engagements :
But should he refuse to sign tlie parole, you are desired to put him under
a strong guard and keeji him in close custody until further orders of this
Congress.
" Whatever expence may be necessary for this service will be cheerfully
defrayed by the Congress. We refer to your discretion what means to
use for that purpose; and you have full power and authority to take to
your aid, whatever force you may require.
By order of Congress,
SAMUEIL TUCKER, Pres.
"In Provincial Congress, New Jersey, Burlington, June 15. 177(5."
"In Provincial Congress, New Jersey.
Burlington, June 15, 1776.
Resolved, That in the opinion of this C^ongress the Proclamation of
William Franklin, Esq; Governor of New-Jersey, bearing date on the
thirtieth day of May last, in the Name of the King of Great-Britain, ap-
pointing a meeting of the General Assembly, to be held on tlie 20tli day
of this instant, June, ought not to be obeyed.
Resolved, That in the opinion of this Congress the said William Frank-
lin, Esq ; by such his proclamation has acted in direct contempt, and vio-
lation of the Resolve of the Continental Congress of the 15th day of May
last.
Resolved, That in the opinion of this Congress, the said WilUam Frank-
lin, Esq; has discovered himself to be an enemy to the liberties of this
country, and that measures ouglit to be immediately taken for securing
the person of the said William Franklin, Esq;
Resolved, That in the opinion of this Congress, all payments of money
on account of salary or otherwise, to the said William Franklin, Esq; as
Governor, ought from henceforth to cease. And that the Treasui-er or
Treasurers of this province, shall account for the monies in their hands to
this Congress, or to the future Legislature of this colony.
By order of the Congress,
SAMUEL TUCKER, President:'
1776] ADMINISTRATION" OF GOVERNOR FRANKLIN. 721
To be represented as an Enemy to the Liberties of
my Country, (one of the worst characters) merely for
doing my duty in calling a meeting of the legal Repre-
sentatives of the People, to lay before them matters of
the utmost concern to their future happiness and
safety, was, as you may imagine, sufficient to rouse
the indignation of any man not dead to human feel-
ings, and occasion him to express his resentment in
terms suitable to such unmerited provocation. It is
needless, however, to trouble you with all that passed.
Suffice it to say, that I rejected the written parole (as
they term it) with that contempt such an insult de-
served from one who has the honor to represent his
Majesty.
To you. Gentlemen,— to every individual in the pro-
vince can I safely appeal to vouch for me, that in no
one instance have I ever manifested the least inimical
disposition towards this colony. Your journals and
minutes will shew, that from the first commencement
of the present unhappy disputes, I have been uni-
formly for having them accommodated by negotiation
and treaty; from a full conviction that America might
thereby obtain a fixed Constitution, which would af-
ford every reasonable security for the enjoyment of
British Liberties.
If in the opinion of those who stile themselves a
Provincial Congress, my summons of the General As-
sembly ''ought not {as they say) "to be obeyed,'- it was
equally in their power to have prevented the meeting,
by enjoining you to pay no regard to the Proclamation,
as it was to make me a prisoner; and they certainly
would have done that, had they not meant a personal
affront to me, or designed to wound the dignity of the
Crown through my person.
But it is pretended that ''by such Proclamation I
have acted in direct contempt and violation of the
Resolve of the Continental Congress of the 15th of May
46
732 ADMINISTRATION OF GOVERNOR FRANKLIN. [1776
last," Were this even the case, it surely could not be
any crime in nie, nor justify such treatment as I have
received, and am likely yet to suffer. But the fact
alledged is false, and must appear glaringly so to every
man who has read the Eesolve alluded to, and is capa-
ble of understanding it. The Continental Congress,
after a preamble declaring their opinion ' ' that the ex-
ercise of every kind of authority under the Crown
should be totally suppressed, "do f/iere/07"e Eesolve,
that it be recommended to the respective Assemblies
and Conventions of the United Colonies ivliere no gov-
ernments sufficient to the exigencies of their affairs has
been hitherto established, to adopt such Grovernment
as shall, in the opinion of tlie Representatives of the
People, best conduce to the happiness and safety of
their Constituents in i^articular, and America in gen-
eral." How any persons can construe and represent
my calling a meeting of the Assembly, at the very
time when such an important matter was recommended
by the Continental Congress to the consideration of
the Representatives of the People, to be a " direct con-
tempt and violation " of the above Resolve is difficult
to conceive, supposing them possessed of common
sense and common honesty. — The Assembly of Penn-
sylvania have met since that Resolve, and I believe
are still sitting, under an authority derived from the
Crown. They, no doubt, have had the Resolve under
their consideration; nor can any good reason be given
why the Assembly of New- Jersey should not likewise
be permitted the opportunity of giving their senti-
ments (if they should think it necessary or expedient)
on a matter of such infinite importance to them and
their Constituents. If when you met, you had thought
it proper to adopt or comply with the Resolve, either
in whole or in part, it is well known that I could not
have prevented it, whatever my inclination might
have been. In other Colonies, where a change of
1776] ADMIlsriSTEA.TIO]Sr OF GOVEENOR FRANKLIN. 723
Government has been made, one of the reasons as-
signed in excuse for such measure has been, that the
Governor has either abdicated his Government, ap-
peared in arms against the people, or neglected to call
a meeting of their Representatives. But I do not rec-
ollect an instance, where neither of these circum-
stances existed, and the Government could be carried
on in the usual way, in such essential points as meet-
ings of the Legislature, passing of Laws and holding
Courts of Justice, that any material alteration has
been made in such Government by a Convention; nor
that any Convention has before presumed to attempt
a business of that importance, where an Assembly ex-
isted, and were not hindered from meeting. Most
probably, had I not called the Assembly, I should have
been much blamed by thsee very men for the omission,
(especially as matters of such consequence were in
agitation) and accused of not exercising the preroga-
tive vested in me for the good of the people, as I ought
to have done. But however that may be, sure I am,
that it is the evident meaning of the Resolve of the
Continental Congress, that where Assembhes can meet
they are to consider the propriety of the measure rec-
ommended, and not a Convention; consequently as
the Assembly of New-Jersey could have met, the Pro-
vincial Convention, who have attempted to prevent
them, have "acted in direct contempt and violation
of the Resolve of the Continental Congress of the 1 oth
day of May last," and, of course, are, according to
their own principles "'Enemies to the Liherties of this
Country.^''
Their last Resolve which respects the stoppage of
my salary is, I must say, an instance of meanness,
which I never expected to have experienced from any
body ■ of men in New- Jersey. When I first came
among you. Gentlemen, I declared, that "whatever
was granted for the support of Government, should.
724 ADMINISTRATION OF GOVERNOR FRANKLIN. [l?7G
SO far as related to myself, be made use of for the hon-
our and credit of the province. " My conduct has been
strictly conformable, both to the letter and spirit of
this declaration. Those who best know me and my
affairs know that if I were to quit this province to-
morrow I should not retii^e one farthing the richer for
any thing acquired by means of my office. The in-
come has at no time been more than sufficient to barely
support the dignity of the station, and of late years it
has been by no means adequate to the encreased ex-
pences of living. However, as I did not enter into
His Majesty's service from mercenary motives, which
I think I may justly say make no part of my char-
acter, I have acquiesced with the allowance granted
by the Representatives of the people, in hopes that the
time would come when they could be induced to in-
crease it from a proper sense of their own dignity. To
put it in their power to do this, and to defray all other
expences for 4he support of government, without any
burthen to their constituents, I recommended the
passing of a Loan -office Act and last year obtained
His Majesty's allowance of it, by which means the
province is now in the actual receipt of about five
thousand pounds a year, raised without any taxes; a
sum almost double what has been usually granted for
the salaries of Officers, Assembly mens wages, and the
other common expences for the support of govern-
ment. Of this the Assembly, at their last session,
seemed to have a somewhat grateful sense, and gave
intimations that they should, at a future session,
make a more adequate allowance to the public Offi-
cers. But now it seems, a body of men are got
together, who, actuated by illiberal motives, think to
make a merit with the people in robbing me of even a
pittance of the salary which their legal Eepresenta-
tives had granted me by law, and which they have no
more right to deprive me of, than to take my money
177G] ADMINISTR/VTIOK OF GOVERNOR FRAKKLIX. 725
out of my pocket-book. If the people at large should
approve of this unworthy treatment of a man who has
done his duty faithfully by them during a thirteen
years administration, I own it would give me a con-
cern infinitely greater than the loss of my salary.
But be assured, Gentlemen, that I am far from sus-
pecting there are many persons to be found in this
province capable of such a pitiful action, which, though
not indeed without a precedent, will, I hope, never
more be thought worthy of example. Besides— Their
first endeavouring to "filch from me my good name,"
by falsely calhng me an enemy to the liberties of this
country — then making that falsehood a plea for rob-
bing me of my property — and afterwards affecting, in
their orders, that they would have me treated with
delicacy and tenderness — is such an adding of insult to
injury as cannot, I am sure, but excite the detestation
of every honest man throughout the country.
As you, Gentlemen, at our last meeting, intimated
your desire that I would not quit the province, and
as I flattered myself that by remaining quietly here I
might be of some service when His Majesty's Commis-
sioners should arrive, in promoting the good work of
peace and reconciliation, I have never attempted to
remove myself, though the insult I received soon after
that session would have fully justified me in taking-
such a step.
The occasion of my calling you together at this time,
was not only to give you an opportunity of consider
ing the present distracted state of the province, and of
defending your own and the people's constitutional
rights, if you should choose it, but to communicate to
you, and to consult you upon some intelligence I have
received from His Majesty's Secretary of State, re-
specting the business to be transacted by the Commis-
sioners which His Majesty has graciously condescended
to appoint for the purpose, among others, of '^confer-
726 ADMIKISTRATIOK OF GOVERNOR FRANKLIN. [1776
ring ivith proper persons upon such points as may be
necessary for effecting a restoration of the public tran-
quility.''' These Commissioners I had great reason to
expect would be arrived by the time of your meeting,
and I know of no persons in this province so proper to
receive and to confer with them as yourselves. —
On the w^hole, Gentlemen, much positive good would
in my opinion, have resulted to the province, had a
meeting of the General Assembly been held at this
juncture. But as that now seems not likely to happen
I shall take my leave of you, and the good people you
represent — perhaps for the last time. Permit me, be-
fore we part, to recommend it to you to defend your
constitution in all its branches. Let me exhort you
to avoid, above all things, the traps of Independency
and Republicanism now set for you, however tempt-
ingly they may be baited. Depend upon it you can
never place yourselves in a happier situation than in
your ancient constitutional dependency on Great-Brit-
ain. No Independent State ever was or ever can be so
happy as we have been, and might still be, under that
government. I have early and often warned you of
the pernicious designs of many jDretended patriots;
who, under the mask of zeal for Reconciliation, have
been from the first insidiously promoting a system of
measures, purposely calculated for widening the breach
between the two countries, so far as to let in an Inde-
pendent Republican Tyranny — the worst and most de ■
basing of all possible tyrannies. They well know that
this has not even a chance of being accomplished, but
at the expence of the lives and properties of many
thousands of the honest people of this country — yet
these, it seems, are as nothing in the eyes of such des-
perate gamesters ! But remember, Gentlemen, that I
now tell you, that should they (contrary to all proba-
bility) accomplish their baneful purpose, yet their gov-
ernment will not be lasting. It will never suit a peo-
1776] ADMINISTRATION 01' GOVERNOR FRANKLIN. 727
pie who have once tasted the sweets of British Liberty
under a British Constitution. When the present high
fever shall abate of its warmth, and the people are
once more able cooly to survey and compare their past
with their then situation, they will, as naturally as
the sparks fly upwards, wreak their vengeance on the
heads of those who, taking advantage of their deliri-
um, had plunged them into such difficulties and
distress.
This, Gentlemen, I well know, is not language to
the times. But it is better, it is honest truth flowing
from a heart that is ready to shed its best blood for
this country. A real patriot can seldom or ever speak
popular language. A false one will never suffer him-
self to speak anything else. The last will often be pop-
ular because he will always conform himself to the
present humour and passions of the people, that he
may the better gratify his private ambition, and pro-
mote his own sinister designs. The first will most
generally be unpopular, because his conscience will
not permit him to be guilty of such base comphances,
and because he will even serve the people, if in his
power, against their own inclinations, though he be
sure that he thereby risks his ruin or destruction. I
am not insensible of the dangers I am hkely to incur,
but I do not regard them. It is the part of an igno-
ble mind to dechne doing good for fear of evil that
might follow. I bear no enmity to any man who
means well, however we may differ in political senti-
ments. I most heartily wish you. Gentlemen, and the
people of this once happy province may again enjoy
peace and prosperity, and I shall ever particularly
honour and esteem such of you and them as have
dared, with an honest and manly firmness, in these
worst of times, to avow their loyalty to the best of
Sovereigns, and manifest their attachment to their
legal Constitution. As to my own part, I have no
7^8 ArjMlKlSTRATlOK^ OF GOVERNOR FRAKKLIN. [17TG
scruple to repeat at this time what I formerly declared
to the Assembly — That no Office or Honour in the
Power of the Crown to bestow, will ever influence me
to forget or 7ieglect tlie Duty I owe my Country, nor
the most furious Rage of the most intemperate Zealots
induce me to swerve from the Duty I oive His Majesty.
Wm. Franklin.
Perth- Amboy, Monday, June 17, 1776.
POSTSCEIPT
BuRiJNGTON, June 22, 1770
Since writing the above, I have seen a Pennsylva-
nia News-paper of June 19, in which it appears that
Mr. McKean' (one of the delegates, I suppose of the
Continental Congress) laid before the Assembly of the
three Lower Counties a certified Copy of the Resolu-
tion of Congress of the 1 5th of May last, which being-
taken into consideration by that House on the ir)th
instant, they resolved among other things that ''the
Representatives of the People in This Assembly met.
Alone can and ought at This Time to estabhsh such
temporary authority," meaning the authority they had
before determined to be expedient in the present exi-
gency of affairs ''until a new Government can ?>e
formed.-'' This Assembly met, as well as that of
Pennsylvania, under an authority derived from the
Crown, and so far from consideiing such meeting as a
contempt or violation of the Resolve of the Continen-
tal Congress, they resolved they were the only proper
persons to take that Resolve into consideration, and
to establish such authority as was deemed adequate to
' Thomas McKean, at this time a resident of Philadelphia, but at the same time a
member of the Legislature of Delaware ("the three Lower Counties "' of Pennsyl-
vania), and a delegate in Congress from that t'olony. He was subsequently Presi-
dent of Delaware, Chief -Justice of Pennsylvania twenty -two ytars, and Governor
of Pennsylvania for three terms.
1776] ADMINISTRATION OF GOVERNOR FRANKLIN. 720
the occasion. The Assembly of New- Jersey might
certainly, with equal propriety, have done the same,
had they been allowed to meet.
It likewise appears by the newspapers, that the
Governor of Maryland, on the 1 2th instant had "is-
sued a Proclamation for dissolving the General As-
sembly of that Province, and to order Writs of Elec-
tion to be issued to call a netv Assembly returnable the
25th day of July next." But there is not the least
surmise, that the Provincial Convention of that Pro-
vince have taken any offence at such Proclamation, or
so much as pretended to think the Governor had
thereby acted in direct contempt and violation of the
Resolve of the Continental Congress and w^as therefore
such an enemy to the Liberties of this country, as
that he ought to be seized and imprisoned. Yet the
Maryland Convention have shewn as much spirit and
regard for the Liberties of America, as any body of
men on the continent. But they, it seems, are for
Peace, Reconciliation, and Union with Great-Britain
on constitutional terms, and have too much sense and
virtue to declare a Governor an enemy to the Liberties
of this country, merely because he is an enemy to the
Liberties some designing men are disposed to take
with the old constitutional Government.
But as the ostensible reason for seizing and confin-
ing my person, does not seem to satisfy such people
as are capable of thinking and judging for themselves,
hints are now throwing out that the Provincial Con-
gress are in possession of an intercepted Letter of
mine, which contains evident proof of my inimical
disposition to the Liberties of this Country. I know
of no Letter of mine which has fallen into their hands
but the one taken by Lord Stirling on the 7th of Jan-
uary last. That Letter was known to the former Pro-
vincial Congress (which met at Brunswick on the 31st
of January and sat till the 2d of March) and though
730 ADMINISTEATION OF GOVERNOK FRANKLIN. [1770
they thought proper to pass a censure on Mr. Skin-
ner's private Letter to his Brother, intercepted at the
same time, yet they let mine pass unnoticed, which it
is not likely they would have done had they conceived
they could have censured it with any tolerable face of
propriety. It is well known that I have publickly
and repeatedly declared that they were very welcome
to pubhsh that Letter, provided they would publish
the whole of it together. It cannot therefore, I think,
be the one to which they allude; but I remember to
have heard Mr. Chief Justice mention that Mr. Kinsey
told him, at the last supreme Court, that he had a
copy of a Letter which was circulated as a second in-
tercepted Letter from me to the Ministry, that it was
well wrote, and seemed to be the performance of some
person who was well acquainted with the affairs of
the province, but that he was sure it was not genuine.
I asked the Chief Justice if he had got a Copy of it;
for if it was genuine I should have no scruple to
acknowledge it. His answer was that he did not think
it worth while to ask for a Copy, or even to see it, as
Mr. Kinsey spoke of it as being a forgery. Now,
whether this is the Letter, or whether the ingenious
author has wrote another to suit the present purpose
of the Congress, or if it be a real Letter of mine I
know not. But I have no objection to its publication,
be it what it will — and all the favor I ask is, if it
should be published that I may not have the Press
shut against any remarks or observations I may have
to offer in my own justification. This every honest man
must allow I have a right to insist on, if not as a Gov-
ernor, yet, as a native of America, and a freeholder of
New- Jersey
I have the more reason to require this piece of Jus-
tice, from what has happened to me since my being
brought here. Finding that the Provincial Congress
had published some of then- resolves respecting me,
1776] AnMINISTRATION OF GOVERNOR PKANKLTX. 731
but kept back others, I determined to publish my Let-
ter to you which contained the whole of them, at least
all which had come to my hands. For this purpose, I
sent a Copy to a Mr. Isaac Colhns, who holds a Com-
mission as Printer to his Majesty for this province.
But though he at first gave me expectations that he
would do his duty (as all good Officers ought to do, or
resign their commissions) he afterwards returned it,
declaring that he was afraid of offending the Provin-
cial Congress, and that he did not doubt but he should
be killed if he should print it for me, with many more
excuses of the like nature. I desired a person to tell
him that my name, being subscribed in my own hand
to the paper, would be a sufficient justification for him,
and ought to remove all his fears of personal danger;
and as to myself I was perfectly indifi^erent to the con-
sequences it being a rule with me to do the duty of
my station and leave the event to Providence.
Whether he thought, from the specimen the C^ongress
had already given in my Case, that he ought not to
trust to either their reason or justice, and that the
more honestly he acted the greater would be the of-
fence and punishment, or whether he has a secret bias
towards their measures, I cannot say: But certain it
is, that no ai'gument could prevail, and he returned
the copy . I have since heard that he (contrary to my
express orders) communicated it to some persons, by
which means it came to the knowledge of the Con-
gress, who passed a Eesolve this day, prohibiting the
printing any thing for me, — Poor men! They can no
more bear the light of truth, it seems, than Owls can
endure the light of the sun!
There are, however, no doubt, among the persons
who compose the Provincial Congress, men, who hav-
ing honest intentions themselves, and not much ex-
perience of the world, suspect no ill designs in those
whom they suffer to take the lead in these transac-
'}'32 ADMINISTRATIOX OF GOVERNOR FRANKLIN. fl776
tions. But surely there is not the least shadow of
reason for considering the voice of this Congress as
the sense of the people, when it is notorious that they
are not elected by a Twentieth part of the Freeholders
of the province, and, probably, not even by a tenth
part of the Associators themselves. To this it may,
possibly, be said, that those Freeholders and Associ-
ators who did not vote, have no one to blame but
themselves — they might have voted if they chose it,
and silence must be presumed to give consent. But
the truth is, as I have strong reason to believe, that a
great Majority of the inhabitants were averse to hav-
ing at this time any Provincial Congress at all — and
therefore, would not attend the election, or vote for
any of the candidates, by which means it happened in
some counties that the number of electors did not ex-
ceed fifty or an hundred, and in one case, I am cred-
ibly informed only about thirty appeared. Now, it is
scarcely possible, but that five men of almost any sort,
might find in any county such a number to give them
their voices for any purpose; consequently, the depu-
ties of such a minority ought not to presume to rule
over the whole people.
Wm. Franklin.
INDEX.
INDEX.
A.
Adams: John, 530, 064, 665.
Adams: Samuel, 530.
Alexander: William, see Stirliup;.
Allen: Colonel, GIO.
Allen: David. 717.
Allen: Job, 717.
Allen: William, 574.
Allinson: Samuel, .517.
Alrichs: Peter, 513, .516.
Alsop: John, .>30.
Andrews: Rev. Jedediah, 369.
Audros: Governor, ,510, 517.
Arnold: Colonel Benedict, 608, 609, 610.
Ashfleld: Lewis Morris, death of, 131. -
Note on, 131 ; referred to, 143.
Ashfleld: Richard, 131.
Assembly of New Jersey: Address and
petition to the King relative to a
duty for the purpose of raising a
revenue, 18. —Letter from a liJommit-
tee of, to Benjamin Franklin, ap-
pointiuji; him Agent of the Colony,135.
—Address of, to Governor Franklin,
in relation to the riots in Monmouth
and Essex Coimties, 180.— Displeas-
iu"e of, on accoimt cf the disallow-
ance of the Paper Money Act, 300.—
Message to, from Governor Frank-
hn, in regard to furnishing the troops
with necessaries, 303,— Answer of, to
the same, 204. — Speech of Governor
Franklin to, 338.— Reply of to, 343.-
Message of the Governor to, 343.—
Reply to said message, 353.— Message
of the Governor to, 356.— Letter from,
to Benjamin Frankhn, inquiring; as
to the proceedings of the British
Parliament, 473. — Speech of Gover-
nor Franklin to, 5:38. — Resolves of
and address to the Governor, 543.
— Action of, on the proceedings of
Congress, 546. — Speech of Governor
FrankUn before, 630.— Address to the
Governor, 633.— Message to the Gov-
ernor relative to the support of the
Government, 097.
Auchmuty: Robert, 375, 377.
AuchmutV, D. D.: Samuel, 313, 341.
Aul: William. .531.
Ayres: Jonathan, 531.
B.
Baldwin: John, 587, 588.
Banyar: George, 40, 196.
Barnard: (Bernard) Governor, 114.
Barnet: Ichabod B., 50:3, 564, 505, 568.
Barr: George G., 717.
Barracks: See military affairs.
Bateman: John, affidavit, 613.
Bates: Alexander, 717.
Bayard: Nicholas, 169, 170. 189.
Bayard: William, recommended to be
appointed a member of Council, 131.
— Referred to, 153. — Petition of, rela-
tive to the common lands of the
township of Bergen, 168.
Biard: John, 717. '
Bedford: Joseph, 717.
Belcher: Governor, 44, 334, 331.
Belestre: -, 611, 613.
Beman: David, 717.
Beman: Josiah, 717,718.
Bergen Township: Common Land, 168.
— Act relative to, 188.
Berrien: John, 345.
Berry: Henry, Jr., 717.
Biddle: E., 539.
Biglow: Aaron, 717.
Biglow: Daniel, 718.
Biglow: Jabez. 717.
Bigelow: Jan, 717.
Biglow: Josiah, 717.
Blackwood: Samuel, 351.
Blair: Samuel, 717.
Blanchard: John. .568, 588.
Bland: Richard, 530.
Bloomfleld: Moses, 345.
Boermn: S., 530.
Bonham: Jeremiah, 666, 667.
Borden: Anne, 437.
Borden: Judge Joseph, 437.
Boston: Port Act, 4.57. — Letter from the
Committee of Correspondence at, to
the Committee of Monmouth Coimty,
498.— Skirmish near, 643.
Bouduiot: Elias, U5, 430, 575.
Boundary Line between New York and
New Jersey: Statement of the claim
of New York, 119. — Letter from the
Earl of Dartmouth relative to, 385.—
Letter from Governor Franklin rela-
tive to. 407. — Approval by the King,
410. — Report of the Surveyors of, 501.
Boundary Line between the Northern
Colonies and the Indians, 54, 55.
Bowen: David, 531.
Bradish: Hannah, affidavit, 614.
Brae: Judge, 373. — "
Brainerd: John, 343, 345.
Brant: Jacobus, 718.
Breed: , 607.
Breese: Samuel, 600, 667.
(36
INDEX.
Brick: Joshua, 531.
Brown: George, 353.
Browii: John, 375.
Brown: Dr. John, 303.
Brown: Thomas, 531.
Browne: John, 717.
Buck: John, ,531.
Bull, or Boel: , 664.
Burch: William, 387.
Burke: Francis, 711.
Burlington Coimty: Instructions from,
to its Assemblymen, relative to the
liabilities of tiie Eastern Treasurer,
417.
Burhngton, Town of: Caveat of the
Overseers of a Scliool against grants
being made of the Island of Burling-
ton, 575.
Burnet: William, 345.
Bussell: Captain, 565.
C.
Caiger: , 113.
Oaiger: Jo.seph, 717.
Caldwell: James, 345.
Canaghquieson : C'hief of Oneida, .56.
Cane: Major, 670.— Letter to, from Dr.
Benjamin Clmrch, intercepted, 671,
Cardiff: James, 717.
Cardy: John, 717.
Carey: John, letter from, to Cortlaudt
Skinner, relative to objections to his
acting as Attorney-General in Salem
and Cumberland Counties, 303.
Carleton: Guy, Governor of Quebec, 333.
Carrington: Jonathan, 717.
Carrol: John, 710.
Caswell: Richard, 530.
Chace: , 710.
Chamberlayne : William, affidavit of, 3.
—Referred to, 718.
Chamberling: William, 373.
Chancv: Rev. Dr. Charles, 311.
Chcuidier: Rev. Dr. Thomas B., 311, 313,
341.
Chase: Samuel, 530.
Church: Dr. Benjamin, 669, 670.— Letter
from, to Major Cane, intercepted
and delivered to Washington, 671.—
Note, 674.
Clark: Abraham, 439.
Clark: Thomas, 351.
Clawson: Jonathan, 588.
Clergy: Of the Church of England in
New York and New Jersey, ad-
dress of, to the Earl of Hillsbor-
ough, relative to the want of Bish-
ops, 309.
Coates: Christopher, Secretary of the
Colony of New Jersey, 1.
Cochran, Richard, 353.
Golden: Cadwallader, commission to
John DeNoyelles and William Wick-
ham as Surveyors of the boimdary
line between New York and New
Jersey, 194.— Referred to, 535, .571,
574.
Collings: (Collins) Isaac, 370, 341, 731.
Cone: John, 718.
Cone: Nathan, 718.
Confederation and pei-petual Union : Ar-
ticles of, 691.
Connecticut: Act of the Assembly of,
relative to prisoners made at Ticon-
deroga and Crown Point, 641.
Continental Congress: Convention to
nominate delegates to. 469.— Letter
from Governor FrankUn, relative to.
473.— Extract from a letter of one of
the delegates for, 475, 477. —Letters
from the Earl of Dartmouth con-
cerning, 496, .503.— Petition of, to the
King, 533.— Governors directed to
prevent the election of Deputies to,
534.— Letter from the Earl of Dart-
mouth, relative to the proceedings
of, 535. — Proceedings of laid before
the New Jersey Assembly. 546.— Let-
ter from the Earl of Dartmouth rela-
tive to, 643.— Resolution respecting
Major Skeene, 649. —War declared
by, 653.— Assumes command of the
militia, 656.
Cook: -, 519, 530.
Cook: Rev. Mr., 341.
Cooper: Rev. Dr., 341.
Cooper: William, 499.
Cornbury: Lord, 335.
Corson: Joseph, 310.
Cough: William, 717.
Coulter: James, 717.
Council of New Jersey: Minutes of, re-
ferring to charges against Thomas
Kinney, Sheriff, for allowing Samuel
Ford to escape from jail, 419.— Speech
of Governor Franklin to, .5.38.— Ad-
dress of, to Governor FrankUn, 541. —
Reply of the Governor to the same,
543.— Names of the members of, 1775,
561.
Courts: Letter of Richard Stockton, rela-
tive to the Governor's authority to
hold a Court of Equity, 154.— Ordi-
dance in relation to the Court of
Chancery, 184.
Covenhoven: John. 430.
Coxe : Daniel (the first), 235.
Coxe: Daniel (the second), 235.
Coxe: Daniel (tue third), 325,
Coxe: Daniel (tlie fourth). 226.
Coxe: Daniel (tin- fifth), 226.— Appointed
a member of t lif ( 'ouncil, 37'3.— Re-
ferred to, 275, 3(15, 561, 6.53.— Letter
from, to Cortlaudt Skinner, 654.
Crane: Stephen, .530.
Crawley: Charles, 717.
Cresap : Michael, 495.
Cro^han: George, 113.— Note on, 112.
Crooke: Charles W., 503,
Cumberland County : Proceedings of the
inhabitants of, according to recom-
mendations of the Continental Con-
gress, 530. /
Currency : Letters from (ioveriior Frank-
lin, relative to a bill passed by the
Assembly for striking .iU)(),000 in bill
of L'redit. 18, 60, 99. -Letter from the
Earl of Hillsborough to Governor
Franklin, relative to" the same, 103.—
Representation from tlie Lords of
Trade to the King, recommending
disallowance of the same, 106. —Order
in Council, disallowing the same, 115.
— Letter from Henry W^ilmot, rela-
tive to Paper Currency, 143.— Letter
from Governor Franklin, relative to
an Act for striking £100,000 in Bills of
Credit, 150. — Oi'der in Council fordis-
INDEX.
^37
allowing the same, 196.— Displeasure
of the Assembly on account thereof,
200.~Light Money, 264.— Referred to,
3()0. — Letter from (iovemor Frank-
lin, relative to the emission of Paper
Money, 315.— Letter from the Earl of
Dartmouth, respecting the striking
£100,000 in BiUs of Credit, .')57.
Cuyler: Henry, 137.
t'ushmg: Thomas, 529.
D.
Daily: James, 717.
Daniels: Benajah, 717.
Daniel: Thomas. 531.
Dartmouth : Earl of. Letter from, to Gov-
ernor Frankhn, relative to tlie burn-
ing of the Schooner GaspOe, 37.'>. —
Note on, 376.- -Memorial to, from At-
torney-General Skinner, praying for
an adequate salary, 383.— Letter to,
from Governor Frankhn, relative to
the Boundary Act, the inheritance of
real estate, and the Lottery Act, 385.
— Letter from, to Governor Franklin,
complimenting the Assembly, 388. —
Letter from, to Gov. Franklin, rela-
tive to papers transmitted to Chief-
Justice Smyth, 388. — Letter to, from
Gov. Franklin, transmitting a memo-
rial from Attorney-General Skinner,
389. — Letter to, from Governor Try on,
393.— Letter to, from Chief -Justice
Smyth, relative to the destruction of
the Gaspi^e Schooner, 395. — Letter to,
from Governor Fi'anklin, relative to
the petition of the Presbyterian Cler-
gj% 400.— Letter fiom, to Governor
i^'ranklin, relative to the salaries of
the officers of the Crown, 401. — Let-
ters from, to the same, relative to the
petition of the Presbyterian Clergy,
404, 407. — Letter from, to Chief-Jus-
tice Smyth. 404. — Letters to, from
Governor Franklin, I'elative to the
more adequate establishment of the
officers of the Crown, 405. — Letter to,
from the same, relative to Boundary
Line between New York and New .Jer-
sey, 407.— Letter from, to Governor
Franklin, relative to the support of
the King's government, 408.— Letter
to, from Governor Franklin, express-
ing the satisfaction of the Presb;5'te-
rian Clergy. 409. — Letter from, to
Governor Franklin, informing him
that the Boundary Line between New
York and New Jersey had been ap-
proved by the King, and the Lottery
Act under consideration, 416. — Letter
to, from Governor Franklin, relative
to Treasurer Skinner; the removal
of Charles Read; and the appoint-
ment of Francis Hopkinson, 4:35.—
Referi'ed to, 429. — Letter to, from
Governor Franklin, relative to the
state and condition of New Jersey,
433.— Letter from, to Governor Frank-
lin, relative to the removal of the
Treasurer of East Jersey, etc., 456.—
Letter to. from Governor Franklin,
relative to the Boston Port Act, etc.,
457 — Letter to, from the same, trans-
mitting papers, 401.- Letter to, from
the same, li-ansmitting resolutions of
the m habitants of Essex ( 'ounty, rela-
tive to a Congress of the Colonies, 46-1.
— Letter from, relative to the removal
of the seat of government from Biu--
lington to Perth Amboy, 468.— Letter
47
from, to Governor Franklin, eoncem-
mg the Congress in Philadelphia, 496.
Circular letter from, relative to seiz-
ing gunpowder and arms imported
from England without license, 497 —
Letter to, from Governor Franklin,
transmitting a pamphlet published
by the Congress, 500.— Letter from,
to Governor Frankhn, approving his
conduct, .501.— Circular letter from,
concerning the King's determination
to withstand every attempt to weaken
his authority over the Colonies, 513.
Circular letter from, to the Gover-
nors, directing them to prevent the
choice of Deputies to the Continental
Congress, 534.— Lettei- from, to Gov-
ernor Franklin, relative to the pro-
ceedings of the Continental Con-
gress, 5.35.— Letter to, from Governor
Franklin, transmitting his speech,
etc., .537. — Letter to, from the same,
relative to the seizure of arms and
ammunition importea into the pj-ov-
ince without license, 548. — Circular
letter from, expressing hopes of a
restoration of the public tranquility,
553.— C^ii-cular letter from, enclosing
a resolution by Parliament, ."joS. —Let-
ter from, to Governor Franklin, re-
specting the lowering of interest; the
striking of £100,000 ui Bills of Credit,
etc., 5.j7. — Letter to, from Governor
Frankhn, transmittmg the names of
tlie members of the Council of New
Jersey, 560.— Letterjto, from the same,
giving secret uitelligence, 570.— Re-
ferred to, 580. — Cu-cular letter from,
relative to the Order of the Comman-
der-in-chief of the forces in America.
586. — Letter to, from Governor li'rank-
lin, relative to the King's troops at
Concord, 590.— Letter to, from the
same, relative to the affair at Lex-
ington, 601. — Letter from, to Gover-
nor Franklin, relative to the Conti-
nental Congress, 6-12 —Letter to, from
Governor Frankhn, relative to the
movement of troops in New Jer.sey,
644. -Letter from, to Governor Frank-
lin, annoimcing the King's determi-
nation to crush the rebellion, and
that he had given orders to General
Gage and Admh'al Graves to that end,
645.— Letter to,from Govern<ir Frank-
lin, relative to the arrest of Major
Skeene, 648.— Letter from, to Gov.
Franklin, approving his speech, 651.
—Letter to, from Governor Franklin,
anuormcmg that Congress had de-
clared war, 652.— Circular letter from,
relative to employing His Majesty's
ships in sending dispatches, 6.56. — Let-
ter to, from Governor Franklin, rela-
tive to the condition of the Colonies,
662.— Circular letter from, enclosing
the King's speech, 667. — Letter to,
from Governor Franklin, giving in-
738
INDEX.
telligence of the raising of troops in
New Jersey, with a copy of a letter
written by Dr. Church, 669.— Letter
to, from the same, relative to the
sentiments of the people; the sus-
pension of the Earl of Stirling; and
the assistance of France, 576. — Letter
to, from the same, relative to the ar-
rest of the latter, by Col. Winds, 698.
Dash wood: ,701.
Davenport: Humphrey, 718.
Davis; Hugh, 717.
Davis: John, 717.
Deane: Silas, 5:i!0.
Deare: Jonathan, 711, 719.
I'eBerdt: Dennis. 681.
DeBow: John, 717.
Dehart: John, 530, 575, 576, 680.--Letter
from, to the General Assembly, 682.
Dennis: Benjamin, 600.
Dennis: John, 422.
DeNoyelles: John, surveyor, 194.
Desbarres: , .518, 519,520, 661.
Dickinson: John, 529, 574, 678, 689.
Dodd : David, convicted of rioting at
Horseneek, 187.
Dodd: John, convicted of rioting at
Horseneek, 187.
Donaldson: William, 137.
Donop : Colonel, 302.
Doremus: John, 718.
Dorman: Philip, 718.
Drummond : Robert, 422.
Drummon: William, 717.
Duane: James, 530.
Dudingston : Captain William, 375.
Dmiham : Az, 587, 588.
Dunmore's War: 495.
Dunzoy : Lewis Demarest, 717.
Dyer: Ehpht, 529.
E.
Eckley : John, 225.
Edwards: WilUam, 717.
Elizabeth-Town : Proceedings of the Com-
mittee of Observation, 536.
EUis: Daniel, 15, 17, 202.
Elmore: Daniel, 531.
Esler: Conrad, 718.
Essie:: John, 718.
Essex County: Riots in, 172.— Address of
the Assembly to Governor Franklin"
in relation to, 180.— Riots in. referred
to, 198.— Letter from the Committee
of, to the inhabitants of Monmouth
County, relative to events in Boston,
459. — Resolves of the Freeholders of,
465.
Ewing: Joshua, 531.
Ewing: Thomas, 531, 532.
Fairchild: Benjamin, 717.
Farrall: Garrett, 718.
Farrand: Phineas, 718.
Farrand: Samuel, 718.
Fessendeu: Thomas, affidavit, 613.
Finlay: Hugh, 610.
Fisher: Henihick, 202, 640.
Fisher: William, 717.
Fithian: Joel, 531.
Fithian: Rev. Philip V., 532.
Floyd: William, 5.30.
Folsom: Natlianiel, .529.
Ford: Samuel, 413, 415, 416, 419, 421.
Foster: Ezekiel, .531,
Foxcroft: Deputy Postmaster-General.
657, 663, 669.
Francisco: Peter, 718.
Franklin: Benjamin, accounts of, 28.—
RefeiTed to, 29, 48. — Letter to, from
Governor Franklin, relative to Cap-
tain Trent's affairs, etc., 111.— Ap-
pointment of. as Agent of New Jer-
sey, 135.— Referred to, 197.— Letter
from, to Governor Franklin, relative
to the Ohio affair and the Assembly's
insolvent laws, 236. — Letter from, to
Governor Franklin, in regard to Co-
lonial Agents in England, 8.30.— Re-
ferred to, 377, .381. 393, 421. '145.— Let-
ter to, from the Assembly of New
Jersey, inquiring as to the proceed-
ings of the British Parliament, 472. —
Letter from, to Governor Franklin,
on American affairs, 494. — Referi'ecl
to, 610, 692. 710.
Franklin: William, Governor of New
Jersey, 8. — Letter from, to Charles
Reeil, relative to the case of John
Walker, and Benjamin Franklin's
accoimts. 28. — Letter from, to Secre-
tary Hillsborough, relative to the
manufactures, etc., in New Jersey,
29.— Letter from, to Secretary Hills-
borough, relative to the New Jersey
Act of 1767 for quartering the troops,
■32. — Letters from, to Secretary Hills-
borough, relative to a letter from
the House of Representatives of
Massachusetts Bay, 34, 36, 58.— Letter
from, to the Earl of Hillsborough,
recommending Richard Stockton to
be appointed a member of the New
Jersey Cotmcil, 44. — Letter to, from
Secretary Hillsborough, relative to
a letter from the House of Represen-
tatives of Massachusetts, 45. — Letter
from, to the Earl of Hillsborough,
relative to a bill passed by the As-
sembly for striking £100,000 in Bills
of Credit, 48.— Letter to the Earl of
Hillsborough, relative to a complaint
made by the Commissioners of Cus-
toms, 53 —Commission from, to
Charles Read, John Smiih, and Sam-
uel Smith, to take charge of the seal
during his absence, .54.— Letter from,
to Secretary Hillsborough, relative
to a treaty with the Indians, 55. — Let-
ters to, from Secretary Hillsborough,
relative to the bill for issuing £100,-
000. 60, 99, 10:3.— Letter from, to the
Earl of Hillsborough, defending his
contluct against the censures of his
Lordship, 64.— Letter from, to the
Earl of llillsboroiigh, relative to the
treaty with the Indians for settling
the boundary line. 95.— Letter from,
to Cortlaudt Skinner, 97. — Letter to
Benjamin Franklin, relative to Cap-
tain Trent's affairs, etc.. 111.— Let-
ters of acknowledgment from, to the
Earl of Hillsborough, 118, 130.— Let-
INDEX.
78!)
ter from, to the Earl of Hillsborough,
announcing the death of Lewis Mor-
ris Aslifleld, a memlier of the Coun-
cil, 131.— Letter to, from the Earl of
Hillsborough, relative to the ap-
pointment of Cortlandt (Stephen)
Skinner as a member of Council —
Letter from, to Secretary Pownall,
relative to the provision for the sup-
port of the King's troops, 141.— Let-
ter from, to the Eai'l of Hillsbor-
ough, transmitting Chief- Justice
Smyth's memorial, 144.— Letter to,
from the Earl of Hillsborough, cor-
recting error in regard to the Chris-
tian name of Mr. Skinner, 147.— Let-
ter from, to Cortlandt Skinner, rela-
tive to the riotous proceedings in
Monmouth County, 148. — Letter
from, to the Earl of Hillsborough,
enclosing paper, 150.— Speech of, in
relation to the riots in Monmouth
and Essex Counties, 173. — Address
to, from the Assembly, in relation to
said riots, 180.— Proclamation of, of-
fering a reward for the discovery of
tlie person who set Are to stable,
etc., of David Ogdeu, 183.— Letter
from, to the Earl of Hillsborough,
relative to public matters, 191.—
Complimentary Letter to, from the
Earl of Hillsborough, 198.— Letter
from, to the Earl of Hillsborough,
relative to the displeasure of the As-
sembly at the disallowance of the
Paper Money Act, 200.— Letter to the
Earl of Hillsborough, relative to pro-
vision for the supply of the troops
and the appointment of Barrack
Masters, :301.— Message to the Assem-
bly in regard to furnishing the
troops with necessaries, 203. — Procla-
mation of in relation to the assault
on John Hatton, 205. — Letter to,
from John Hatton, complaining of
the Cape May Justices, 209.— Letter
to, from the Earl of Hillsborough,
transmitting orders of Council, 213
—Letter from the Earl of Hillsbor-
ough, relative to providing for the
King's troops. 219.— Letter from, to
the Earl'of Hillsborough, relative to
the War with Spain, superintend-
ence of Indian affairs, and the death
of John Ladd, 221.— Letter from, to
Major William Trent, 227.— Letter
from, to the Earl of Hillsborough,
relative to recruiting parties, to
making provision for the Kjng's
troops, and to the death of John
Smith, member of Council, 230. — Re-
ferred to, 232. — Letter from, to Lieu-
tenant Arthur Wadman, relative to
recruiting, 283.— Letter to, from Ben-
jamin Franklin, relative to the Ohio
affaii- and the insolvent laws, 236. —
Letters from, to the Earl of Hills-
borough, annomicing the refusal of
the Assembly to provide for the
King's troops. 237, 297. — Speech of,
to the Oomicil and .Assembly, 238.—
Messages (if. to I'ae Assembly. 213,
2,56.— Letter to, from the Earl of
Hillsborough, relative to the dispute
with Spain, the Indian trade, etc.,
274.— Letter from, to the Earl of '
Hillsborough, relative to John Hat-
ton, 275, 313.— Letter from, to the
Commissioner of Customs at Boston,
relative to John Hatton, 287. — Letter
to, from the Lords of Trade, relative
to two Acts of the Assembly, 300.--
Letter to, from the Earl of Hillsbor-
ough, relative to recruiting the
King's forces, 301. — Letter to, from
the same, relative to John Hatton,
and to the refusal of the Assembly
to provide for the King's troops 304.
—Letter from, to the Earl of Hills-
borough, relative to the resignation
of Mr. Ogden, a member of the As-
sembly, 306. — Letter from, to the
Lords of Trade, relative to the emis-
sions of paper bills, and the appoint-
ment of an agent, 315. — Letter to,
from the Earl of Hillsbcrough, ap-
proving his position touching the
resignation of a member of the As-
sembly, 318— Letter from, to the
Lords of Trade, relative to the ap-
pointment of an Agent for New Jer-
sey, 320. — Letter from, to the Earl of
Hillsborough, informing him that
the Assembly had consented to pro-
vide for the arrears due to the
troops, 321.— Letter to, from the Earl
of Hillsborough, relative to the re-
moval of the troops from New Jer-
sey, 323. — Letter to, from Benjamin
Franklin, in relation to the appoint-
ment of Colonial Agents in England,
330.— Letter from, to the Earl of
Hillsborough, transmitting papers,
333. — Letter from, to the same, rela-
tive to the resignation of Mr. Ogden,
as a member of the Assembly, 334. —
Letter from, to the same, relative to
Act of Assembly of October, 1770,
337. — Letter from, to the same, trans-
mitting the petition of the Presby-
terian clergy in New Jersey. 339.—
Referred to, 341, 345.— Proclamation
of, relative to the election of repre-
sentatives, 35C. — Warrants signed by,
357. — Letter to, from the Earl of
Hillsborough, relative to the resigna-
tion of a member of the Assembly,
and to the salary of the Chief-Jus-
tice, 361. — Letter to, from the same,
relative to the election of a member
of the Assembly in the room of Mr.
Ogden, 370.— Letter to, from the Earl
of Dartmouth, relative to the bm-n-
ing of the schooner Gaspee, 375.—
Letter from, to the Earl of Hillsbor-
ough, inf ormmg him that the Assem-
bly had granted money for the sup-
port of the King's troops, 378.— Let-
ter from, to the Lords of Trade, rela-
tive to the care of idiots and luna-
tics, 382. — Letter from, to the Earl of
Dartmouth, relative to the boundary
Act, the inheritance of real estate,
and the Lottery Act, 385. — Letter to,
from the Earl of Dartmouth, com-
plimenting the Assembly, :388.— Let-
ter from, to the Earl of Dartmouth,
relative to papers transmitted to
Chief-Justice Smyth, 388.— Letter
from, to the same, transmitting a
memorial from Attorney-General
Skinner, 389.— Letter from, to the
740
INDEX.
same, relative to the petition from
the Presbyterian clergy, 400. — Letter
to, from the Earl of Dartmouth, rel-
ative to the salaries of the officers of
the Crown, 401. — Letter to, from the
same, relative to the ai^plication of
the Presbyterian ministers, 404, 407.
— Letter from, to the Earl of Dart-
mouth, relative to the more ade-
quate establishment of the officers
of the Crown, 405.— Letter from, to
the same, relative to the boundary
line betvi'een New York and New
Jersey, 407.— Letter to, from the Earl
of Dartmouth, relative to the sup-
port of the King's government, 408.
— Letter from, to the Earl of Dart-
mouth, expressing the satisfaction
of the Presbyterian clergy, 409.—
Message from, to the Assembly,
transmitting the resignation of the
Treasurer, Stephen skinner, 420. —
Letter from, to the Earl of Dart-
mouth, relative to Treasurer Skin-
ner; also the removal to St. Croix of
Charles Read, a member of the
Council, and recommending Fran-
cis Hopkinson to fill the vacancy,
425.— Keferred to, 429.— Letter from,
to the Earl of Dartmouth, with
answers to mquiries relative to state
and condition of the Province of
New Jei'sey, 433. — Letter to, from tlie
Earl of Dartmouth, relative to tlie
removal of the Treasurer of East
Jersey, 45(5. — Letter from, to the Earl
of Dartmouth, relative to the Boston
Port Act: a Congress of the mem-
bers of the several Assemblies: the
removal of the seat of government
from Burlington to Perth Amboy,
457. — Letter from, to the same, trans-
mitting several acts of the New Jer-
sey Assembly, 461. — Letter from, to
the same, relative to a Congress of
the Colonies, 464. — Letter from, to
the same, relative to the first Con-
gress in Philadelphia, 473. — Letter
to, from Benjamin Franklin, on
American affau's, 494.— Letter to,
from the Eai'l of Dartmouth, con-
cerning the Congress in Philadel-
phia, 496.— Letter from, to the Earl
of Daitmouth, transmitting a pamph-
let published by the Congress, 500.—
Letter to, from the Earl of Dart-
moutli, approving his conduct, 501. —
Letter from, to the Earl of Dart-
mouth, relative to the Congress; also
transmitting a plan of a proposed
union between Great Britain and the
Colonies, 503.— Letter to, from the
Earl of Dartmouth, relative to the
Continental Congress, 535. — Letter
from, to the Earl of Dartmouth,
transmitting his speech to the New
Jersey Assembly, together with the
resolutions of that body, 537.—
Speech of, to the Assembly, 538.—
Address of the Council to, 541.— Re -
ply to the same, 542, — Letter from.
to the Earl of Dartmouth, relative to
the seizm-e of arms and ammunition
impoited into the Province without
Ucense, 548.— Referred to, 549.— Let-
ter to, from the Earl of Dartmouth,
respecting the lowering of interest;
the striking of £100,000 in Bilks of
Credit, etc., 557. — Letter from, to the
Earl of Dartmouth, transmitting a
list of the names of the members of
the Coimcil of New Jersey, 560. —
Letter from, to the same, giving se-
cret intelligence, 570.— Letter from,
to the same, relative to the King's
troops at Concord, 590.— Letter from,
to the same, relative to the affair at
Lexington, 601.— Speech of, to the
Assembly, 620.— Address of the As-
sembly to. 633. — Reply from, to the
same, 638.— Letter to, from the Earl
of Dartmouth, referrmg to the Con-
gress, 642. — Letter from, to the Earl
of Dartmouth, relative to the move-
ments of tlie troops in New Jersey,
644. — Letter to, from the Earl of
Dartmouth, relative to the King's de-
termination to crush the rebeUion,
645.— Letter from, to the Earl of
Dartmouth, relative to the airest of
Major Philip Skeene, 648.— Letter to,
from the Karl of Dartmouth, aj>-
proving his speech, 651. — Letter
from, to the Earl of Dartmouth, an-
nouncing that Congress had declared
war, 652.— Letter from, to the same,
complaining that letters are opened
at the Post Office, 656. — Letter from,
to the same, relative to the condition
of the Colonies, and to Lord Stirling's
acceptance of a commission from
the Congress, 662. — Letter from, to
the same, announcing the raising of
troops and money in New Jersey,
with an intercepted letter from Dr.
Chm-ch, 669.— Letter to, from Lord
Germain, relative to the King's con-
cern that New Jersey should submit
to the Continental Congress, 675. —
Letter from, to the Earl of Dart-
mouth, relative to the s^entiments of
the people, the suspension of the
Earl of Stirling and the belief that
Congress will have the assistance of
France, 676. — Letter from Governor
Franklm, to the same, describing his
arrest by Col. \\ inds, 098.— Letter
from, to Lord George Germain, on
the same subject, 702. — Taken to
Comiecticut, 710. — Letter from to the
Legislature of New Jersey, 719.
Franks: , 611.
Frederick, Sen. : Martin, 718.
Frederick: Martin. 718.
Freeman: Henry, 351.
Freehold Committee of Inspection: Let-
ter from, to the Inhabitants of
Shrewsbury, 559.
G.
Gadsden: Christ, 530, 649.
Gage: General, 604, 613, 645.
Gales: Samuel, 502.
Galloway: John, 717.
Galloway: Joseph, referred to, 4''.— Note
1 on. 111, 197.— Referred to, 227, 378,507,
529, 535.— Extract of a letter from,
.572.
liNTDEX.
741
Gardiaer: Thomas, 517.
Gaspiie Schooner: Letter from the Earl of
Dartmouth, relative to the burning
of, 375.— Letter from Mr. Pownall,
relative to the same, 377. — Letter
from Chief-Justice Smyth, relative
to the same, 395.
Gaston : Robert, 717.
Gautier: Andrew, 505, 566.
Germain : Lord, letter from to Gov.Franli-
Jin, relative to the King's concern that
New Jersey should submit to the
Continental Congress, 675.
Gibbon: John, 531.
Gold: Lieutenant, 607.
Goldsmith: Josias, 717.
Gordon: Governor, 186.
Gould: John, 717.
Gould: Thoroton, affidavit, 613.
Graham: , 567.
Grant: , 521.
Graves : Admiral, 645.
Green : Enoch, 345.
Grenville; Mr., 20, 30.
Greenwich: Disapproval of the destruc-
tion at, 630.
H.
Hallowell : Benjamin, 287.
Halsey: Jeremiah, 345.
Hamilton: , 580.
Hamilton: Andrew, 225.
Hampton: Jonathan, 562, 567, 588.
Hand: Elijah, 531.
Hardy: Governor, 421.
Harriman: John, 717.
Harriman: Joseph, 717.
Harriman: Richard, 717.
Harris: Ephraim, 531.
Harris: Samuel, 717.
-Harrison : Benjamin, 530.
Harrison: Jake, 718.
Harrison: William, Sheriff, 226.
Hart: Edward, 209.
Hart: John, Representative in Assembly
of Hunterdon Coimty, 269.— Note on,
269.
Hart: [Moses], 273.
Harwood: Sarah, 426.
Hatfield: Abner, 551.557.
Hathaway: Silas, 717.
Hatton: John, 53, 205.— Warrant for the
apprehension of, 207.— Letter from,
to Governor Franklin, complaining
of the Cape Blay Justices, 209.— Let-
ters of complaint,215, 218.— Referred
to. 217.— Letters from Gov. Franklin
concerning, 275, 287. 313.— Papers
relative to his complaint, 276.— Ex-
amination of, 2S4. 285.— Letter from
( 'ommissioners of Customs, concern-
ing. 286, 295.— Letter from Earl of
Hillsborough, relative to, 304. — Let-
ter from John Pownall, relative to,
305.
Hay ward: Daniel, 718.
Heard: Nathaniel, 719, 720.
Heaton: Gideon. 531,
Hedden: Aaron, 717
Hennion: Henrj', 718.
Henry: Patrick, 530.
Hewes: Joseph, 530.
HewUugs: Abraham, 15, 17, 138, 139.
Hewlings: William, 15, 17.
Higgins: John, 711.
Hiler: Jacob, 718.
Hiler: John, 718.
Hiler: Nicholas, 718.
Hiler. Jr. : Peter, 718.
Hiler: Phihp, 718.
Hillsborough: Earl of. Circular letter to
the Governors in America, relative to
his appointment as Secretary of
State for the Southern Department.
10.— Letter from, to Governor Frank-
Un, relative to quartering the King's
troops, 12. — Cu'cular letter from, rela-
tive to flagitious attempt to disturb
the public peace, 14.— Letter to, from
Governor Franklin, relative to man-
ufactures, etc , in New Jersey, 29.—
Letter to, from Governor Franklin,
relative to Act of 1767, for quartering
the troops, 32 —Letter to, from Gov-
ernor Franklin, relative to a letter
from the House of Representatives
of Massachusetts, 34, 36.— Circular
letter from, to the Governors in
America, relative to the transmis-
sion of their duplicates. 35.— Letter
to, from Governor Franklin, recom-
mending Richard Stockton to be a
member of the New Jersey Council,
44.— Letter from, to Governor Frank-
lin, relative to a letter from the House
of Representatives of Massachusetts,
45.— Letter to, from Governor Frank-
lin, relative to an Act of the Assem-
bly, for striking £100,000 in Bills of
Credit, 48.— Letter to, from Governor
Franklin, relative to a complaint
made by the Commissioners of Cus-
toms, 53.— Letter to, from Governor
Franklin, relative to a treaty with
the Indians, 55.— Circular letter from,
to the Governors, relative to letters
received by them from his Itlajesty's
Secretaries of State, 57.— Letter from,
to Governor Franklin, relative to the
letter from Massachusetts Bay, 58 —
Letters from, to Governor Franklin,
relative to the bill for issuing i;i00,-
000. 60, 99, 103.— Letter to. from Chief-
Justice Smyth, relative to the insuffi-
ciency of his salary, 62.- Letter to.
from Governor Franklin, defending
his conduct against the censure of
his Lordship, 04.— Letter to. from
Governor Franklin, relative to the
treaty with the Indians for settling
the Boundary Line, 95.— Circular let-
ter from, informing the Governors
that his Majesty has had no design
to lay taxes "on America for purposes
of revenue, 103.— Referred to, 118.—
Letter of acknowledgment to, from
Governor Franklin, 118, 130.— Letter
to, from Governor Franklin, announc-
ing the death of Mr. Ashfield, a mem-
ber of the Council, 131.- Letterfrom,
to Governor Franklin, relative to the
appointment of Cortlandt iScephen)
Skinner, as a member of ( 'ouncil, 139.
—Letter from, to Governor Franklin,
correcting an error in ngard to the
Christian name of Mr. Skinner, 147.
Letter to, from Governor Franklin,
enclosing paper, 150.— Letter to, from
74:^
INDEX.
Richard Stockton, I'elative to the
Governor's authority to hold a Court
of Equity, and preside therein, 154. —
letter to, from Governor Fi-anklin,
relative to public matters, 191.— Com-
plimentary letter from, to Governor
Franklin. lOS.— Letter to, from Gov-
ernor Franklin, relative to the disal-
lowance of the Paper Money Act, SOO.
-Letter to, from Governor Franklin,
relative to provision for the troops,
and the appointment of Barrack Mas-
ters, 301. — Letter from, to Governor
Franklin, transmitting orders of
Council, 213.— Letter from, to Gover-
nor Franklin, relative to providing
for the King's troops, 219. — Letter to,
from Governor Franklin, i-elative to
tlie war with Spain, Indian affairs
and the death of Jolm Ladd, 231. —
Letter to, from Governor Franklin,
relative to recruiting parties, to pro-
visions for the King's troops, and to
the death of John Smith, a member
of Council, 230.— Letters to, from
Governor Franklin, announcing the
refusal of the Assembly to provide
for the King's troops, 237, 297.— Let-
ter from, to Governor Franklin, rela-
tive to the dispute with Spain, the
Indian trade, etc.. 374. — Letter from,
to the same, relative to the matter of
recruiting the Iving's forces, 301. —
Letter from, to the same, relative to
the comijiaint of John Hatton, and
the refusal of the Assembly to pro-
vide for the King's troops, 304.— Let-
ter to, from Governor FrankUn, rela-
iive to the resignation of Mr. Ogden,
as a member of the House, 306.— Ad-
dress to, from the Clergy, 309. — Let-
ter to, from Governor Franklin, rela-
tive to John Hatton, 313.— Letter
from, to Governor Franlclin, approv-
ing liis position toucliing the resigna-
tion of a member of the Assembly,
31S. — Letter to, from Governor Frank-
lin, that the Assembly had consented
to pi'o\ide for the arrears due to the
troops, 321.— Letter from, to Gover-
nor Franklin, relative to the removal
of the troops from New Jersey, 333.
—Letter to, from Governor Franlclin,
relative to the resignation of Mr.
Ogden, 334. — Letter to, from the
same, relative to Acts of the Assem-
bly, passed October, 1770, 337.— Let-
ter to, from the same, transmitting
the petition of the Presbyterian
Clergy of New Jersey, 339.— Letter
from, to Goveinor Franklin, relative
to the dispute with the Assemblj',
and the salary of the Chief -Justice,
3G1.— Letter from, to the same, rela-
tive to the election of a new meniber
of the Assembl}-, in the room of Mr.
Ogden, 374.— Referred to, 377, 378,—
Letter to, from Chief-Justice Smyth,
relative to the robbery of the Treas-
urer, 379.
Hinchman: John, 1.5, 17,
Hoff : Joseph, Jr.. 717.
Hoffman: Christian, 717.
Holenkous: Philip, 718.
Holland: Samuel, Letter from, to Mr.
Pownall, 518.— Letter from, to the
Earl of Dartmouth, the plans of the
last sui-vey, 599. — Letter from, to the
same, relative to the Boundary Line
between New York and Massachu-
setts Bay, ceo.
Holmes; Abijah. 531.
Holmes: Josiah, 609, 067.
Holmes: Joseph, 717.
Hooper: Will, 530.
Hopkins: Step, 529.
Hopkinson: Francis, 270.— Recommended
for the Coimcil, 436.— Note on, 430.—
Referred to, 428, 561,
Hopper: Jacob. 718.
Horsmanden: Daniel. 377.— Note on, 377.
Horshell: Michael, 531.
Hoskins: John, 517.
Houghton : Joab, 273.
How: Samuel, 517.
Howard: Hiram, 718.
Howard: William, 718.
Hude: James, 718.
Hughes: , 212, 313, 315, 277, 278, 279,
283.
Hull: Jo.seph, 717.
Hull: Robert. .502.
Hulton: Henry, 387.
Humphreys: Cha, 529.
Hunt: Abraham, 303.
Hunter: Andrew, 225, 336, 345, 430.
Hunterdon County: Instructions of the
Freeholders, John Hart and Samuel
Tucker, to oppose in Assembly, the
quartering of troops in the Province,
269.
Hyler: Peter, 717.
I.
Idiots and Lunatics: Power to issue com- I Indian Affairs: Boundaiy Line between
missions for the care of, given to the | the Indians and the Northern Colo-
Governors, as Chancellors. 370, 371, I uies. 51, ."5. 95, 221.— Indian trade, 374.
381. I Inglis: Rev. Charles, 311, 313,
Jackson: Daniel, 717,
Jackson: Edward, 717.
Jackson: J., 717.
Jackson: Richard, 199.— Report of, on
eight Acts passed in the Province of
New Jersey. 233.- Referred to, 330. —
Letter lo, from Mr, Pownall, desiring
his opinion, concerning the resigna-
tion of a member of the Assembly,
319.— Report of, on twen ty-five Acts
of the Province of New Jersey, passed
in December. 1771.— Report of, on a
claim of the Assembly to order the
elect ion of a member in jilace of Mr.
Ogden. 369. — Report of on thirty-three
Acts of the Assembly, pa.ssed in
Blarch, 1774, .50S.— Referred to, .551.—
Report of, on an Act for the relief of
Richard Stevens. 701.
Jackson: Stephen, 717.
INDEX.
743
Jacobs: Henry, 516.
Jacobus: Abraliam, 718.
Jacobus: Cornelius, 718,
Jacobus: Cornelius A., 718.
Jacobus: James, 718.
Jay: John, 5.30, 678, 691.
Jegou: Peter, 51.5, 516.
Jenkins: Robert, 224.
Jennings: James, 718.
Johnson : Jonathan. 717.
Johnson : Mary, 426.
Johnson: Peter, 717.
Johnson: Col. Robert G., 532.
Johnson: Thomas, ,5.30,
Johnson: Sir WiUiam, 54, 57, 97, 112, 496.
Johnston: Andrew, 38.
Johnston: Heatheote, 711.
Johnston: John, 38.
Jones: Abraham, 531.
Jones: Timothy, 345.
K.
Kean: Reynold, 802.
Kean: Thos. M.,529.
Kearney: Michael, recommended to be
appointed a member of Council, 132.
—Referred to, 303.
Kearny: PhiUp, 303. — Letters to, from
Cortlandt Skinner, relative to the
proceedings of the Assembly in re-
gard to the Treasurer, 412, 414, 415.
Keene: Whitslied, 455.
Keith: George. 426.
Kelly: Isaac, 718.
Kelly: WilUam, recommended to be ap-
pointed a member of Council, 132.
Kemble: Peter, 561.
Kent: Helmer. 718.
King: John. 413, 717.
Kingsland: Edmund, 718.
Kinsey! James, 370, 414, 575, 576, 680.
Kinney: Thomas, 413, — Minutes of Coun-
cil concerning, 419.
Kate: (Kight) Robert, Mayor of London,
417.
Knight: , .520.
Knott: David, 600.
Knowles: William, 113.
L.
Ladd: John, member of Council, death
of announced, 221.— Note on, 224. —
Referred to, 273.
Lane: Cornelius, 600, G87.
Lanning: John, 531.
Lawrence: Elisha, 302.
Lawrence: John, sketch of, 302. — Re-
ferred to, 307, 313, 501.
Lawrence: John, Sr., 302.
Lawience: Dr. John, 302.
Lawrence: John Brown, 302.
Lawrence: Mr., 97, 275.
Lawyers : Agreement among to do all in
their power to prevent unnecessary
litigation, 589.
Learning: Aaron, 138.
Learning: Thomas, 207, 208, 209, 210, 282.
Lee: John, 717.
Lee: Richard Henry, 530.
Lee: Samuel, 562, 563, 564, 565, 567, 568.
569. •
Leek: Samuel. .531.
Legrange: Bernardus, 149.
Leonard: Elijah, 717.
Leonard: John. 207, 208, 209, 210, 282.
Lexington : How the news of the affair
at, was carried through the country,
587. — Letter from Gov. Franklin rela-
tive to, 601.
.Light: Mary, 264.
Lindle.v : Samuel, 717.
Lindsley: Captain, 375.
Link: Henry, 717.
Little: John, 600, 667.
Little: Peter, 717.
Livingston : Philip, .530.
Livingston: William, 272, 345, 429, 530,
.575, 576.
Logan: James, 231.
Logan: , .580.
Longstreet : Garret, 000.
Longstreet: Samuel, 600.
Lords of Trade: Representation from, to
tlie King, relative to an Act to ajj-
point Commissioners for supplying
the Barracks, 26. — Representation
from, to the King, recornmendiug
the disallowance of an Act of the
Assembly for issuing £100,000 in
Bills of Credit, 100.— Petition to, from
William Bayard, relative to the com-
mon lands of the township of Ber-
gen, 168.- Representation of, relative
to an Act concerning said comni.on
lauds, 188. — Representation from,
relative to an Act regulating the
practice of the law, 199 —Letter
from, to Governor Franklin, relative
to two Acts of the As.sembly, oOO. —
Letter to, from Governor Franklin,
relative to the emission of paper
biUs, and the appointment of an
Agent, 315.— Letter to, from the
same, relative to the appointment of
an Agent for New Jersey, 320.— Rep-
resentation from, to the King, sub-
mitting a draft of an instruction to
Governors concerning the lands, etc. ,
of non-resident debtors, 327.— Order
approving said draft, 329.— Repre-
sentation from, to the King, relating
to an alteration in the prayers for
the Royal family, 331. — Letter to,
from Governor Franklin. I'elative to
the care and custody of idiots and
lunatics, 382.— Order in Council to,
respecting alterations in instructions
to Governors i ouching the grant of
lands, 402.— Repi eseut.ition of, to the
King, with draft of instructions to
the Governors relative to the nat-
uralization of aliens, divorces, and
titles to lands. 410.— Representation
from, to the King, recommending
Francis Hopkinson to be a member
of the Council, 155.
Lore: Jonathan, 531.
Lotteries: Order directing the jjrepara-
tion of drafts of instruction to the
Governors in respect to bills for rais-
ing money by way of lottery, 101. -
Additional instruction to the Gover-
nors, directing them not to permit
public or private lotteries, 108. — Lot-
744
INDEX.
tery Act under consideration, 416.
Louglienner: Abraham, 718.
Lovelace: Lord, 225.
Lowe: Isaac, 530, 568, 587.
Lowerus: Henry, 718.
Lunatics: See idiots.
Lynch: Thomas, 530.
Lyon: Eliphalet, 717.
Lyon: Jacob, 718.
M.
McConnel: John, 717.
McKean: Thomas, 728.
McKnight: Charles, :345.
McFherson: Gillis, 717.
McRanke: Edward, 717.
McUrdy: James, 717.
McWhirter: Alexander, 345.
Magie: John, 717.
Mahurin: Seth, 717.
Manufactures in Ne y .Jersey, 29.
Marinus: John. 718.
Martin: Samuel, 717.
Masked: Daniel, 531.
Masked: Thomas, 531.
Massacliusetts: Letter from the Speaker
of tlie House of Representatives of,
to the Assemblies of the different
Colonies, denounced by the King, 14,
—Governor Franklin's letter to Sec-
retary Hillsborough relative to the
same, 34, ;iG.— Secretary Hillsbor-
ough's letters to Governor Franklin
relative to the same, 45, 58.
Matiuueconk, or Burlington Island, 515.
Mattisen : James. 213.
Mehclin: John. 473.
Middleton : Henry, 530.
Knlllin: Thomas, 529, 574.
Mihtary Affairs: Law for making provi-
sion for quartering his Majesty's
troops, 12. — Report of an Act to ap-
point Commissioners for supplying
the several barracks, 2G. — Letter f i-om
Governor FrankHn, relative to the
Act of 1767, for quartering the troops,
32 -An order of tlie Kina:, respecting
an Act passed in June, 1707. appoint-
ing Commissioners for supplying the
barracks, etc , 41. — Letter from Gov-
ernor FrankUn , relative to the sup-
port of the King's troops, 141. —Ac-
tion of the Assembly, relative to pro-
vision for the troops, and the ap-
pointment of Barrack Masters, 201.—
Message of Governor Franklin, in re-
gard to furnishing the troops vvith
necessaries, 203,— Letter from the
Earl of Hillsborough, relative to the
same. 21',). — Letter from Governor
Franklin, relative to recruiting, 233.
The Assembly refuses to provide for
the King's troops, 237, 297. — Recruit-
ing the King's forces, 301. — Letter
from the Ear) of Hillsborough, rela-
tive to the refusal of the Assembly to
provide for the King's troops, 304.—
Assemblj- consents to provide for the
arrears due to the troops, 321.— Re-
moval of the troops from New Jer-
sey, 323.— Money granted for the sup-
port of the King's troops, 378. — Move-
ment of tlie troops in New Jersey
and Philadelphia, 644.— Command of
the militia assumed by Congress, 050.
Millar: Captain, 571.
Millar: Ebenezer, 138.
Miller: Isaac, 717.
Miller: John, 717.
Miller, Jr. of Jrs. : John, 718.
Mills: Jedediah, 207, 208, 210. 211, 212, 218,
217, 210, 277, 270, 280.
Mitchell: James, 717.
Molan : Ensign, 600.
Monmouth County: Riotous proceedings
in, 148. — Governor Franklin's speech
on the riots in, 172.— Address of the
Assembly, in relation to, 180. — Riots
in, referred to, 198.— Letter to, from
the Essex County Committee, rela-
tive to events in Boston, 459. — Letter
to the Committee of, from (.'ominit-
tee of Correspond en ce at Boston, 498.
Moiirow: John, 15. 17.
Montagu: Rear-Admiral, 378.
Montgomery: Michael, 717.
Moore: Sir Henry, Governor of New York,
Proclamation of, regarding the rob-
bery of the East Jersey Treasury, 39.
Moore: John, 422.
Moore: Joshua, 717.
Morgan: , 114.
More: , 113.
Morf ord : Thomas, 600.
Morgann: JMaurice, Commission as Sec-
retary of the Colony of New Jersey,
1.— Deputation from, to Joseph Reed,
5. 7, 0.— Deputizes Charles Pettit, 132.
Morris: Col. Lewis, 114, 517.
Morris Countv set off from Hunterdon,
208.
Morris: Robert Hunter, 131.
Morton: John, ,529.
Morton: . 581.
Mourison : Hinery, 718.
Mourisoii : Mouris, 718.
Mulford: Benjamin, .531.
Munson: John, 717.
Murch: John, 285. 292, 294.
Murray: John, 502, 504, 566, 567, 568, 569.
Mui-ray: Robert, 562, 504, 566.
N.
Ned: A slave of John Hatton, 208, 210,
278, 27'0.
Neilson: James, 587, 588.
Newcomb: Joseph, 531.
Newcomb: Silas, .531.
New Jersey : Names of the officers of the
government, 4.50. — Account of the
dwelling houses and inhabitants of
part of the Province of, and of the
marriages, births and burials from
July 1st. 1771 to July 1st, 1772, 452.—
Resolutions of the Provincial Con-
gress of, in favor of non-exportation,
and appointing a fast day, 597.— Ef-
fect in, of the affair at Lexington,
601. — Resolutions, Association and
Circular Letter of the Provincial
Congress of, 039.
New Y ork and Elizabeth-Town Commit-
tee of Observation, Proceedings, 561.
INDEX.
745
New York and Massachusetts Bay : Boun-
dary Line between, G60.
Nichols: Governor, 515.
Nix: John, 718.
North: Lord, 492.
N 's: Lord, Political Creed, with re-
spect to America, 492.
Norton: James, 717.
Nox: James, 717.
Oake: William, 587, 588.
Odell : Rev. Jonathan, 302.
Osden: David, 149, 183. — Letter from
Governor Franklin, relative to his
resignation as a member of the As-
sembly, 306, 334.— Referred to, 341,
345.— Notes on the proposed Presby-
terian Charter, ;3.50.— His seat in the
Assembly not vacated by his resig-
nation, 369. — Commission of, as Su-
preme Com-t Justice, 372.— Sketch of,
372.— Named in list of members of
the Council, 561 .
Ogden: Dr. Jacob. 372.
Ogden: Josiah, 373.
Oliver: Peter, 375.
Order of the King in Council disallowing
two acts of the New Jersey Assem-
bly, and directing the Lords of Trade
to prepare an instruction to tlie Gov-
ernors restraining them from assent-
ing to any laws by which the lands,
etc., of non-residents of the Colony
may be liable to be attached for
debts, 324. — Order approving the
draft of said instruction, 329.— Order
approving acts of the Province of
New Jersey, and recommending sal-
aries more suitable to the Civil offi-
cers, and building a residence for
the Governor, 549.— Order approvuig
the seizure of ships of war taken
from the Colonies, 711.
Paca: William, 530.
Paine : Robert Treat. 529.
Paine: Timothy, 614. 615.
Pamphlet containing arguments on both
sides in the dispute between Great
Britain and her C 'olonies, 478.
Paper money : See Currency.
Parker: James, 98, 137, 195,561, 004.
Parker: Samuel, 588.
Parlaman: John, 718.
Paxon: Henry, 138, 4('3.
Pear: John, 718.
Peer: Abraham, 718.
Peer: John, 718.
Pendleton: Edmund, 530.
Penn: John, 574.— Letter to, from Major
Skeene, 649.— Letter from, to Major
Skeene, 650.
Penn: William, .574.
Pequanock: Articles of association of
the Freeholders and inhabitants of,
716.
Perth Amboy: Account of the exports
from the Port of, from Jan. 5, 1770,
to Jan. 5, 1772, 454.
Peters: Sam., intercepted letter from,
616.
Petit: Charles, Deputy Secretary of the
Province of New Jersey, 132 —Note
on, 133.— Referred to, 210, 216.-Let-
ter to, from Cortlandt Skinner, rela-
tive to the Cape May Justices, 217.
Peai-son: John, 717.
Porter: Joseph, 717.
Pownall: John, letter to, from Governor
Franklin, relative to provision for
the King's troops, 141.— Circular let-
ter from, respecting certain duties,
191.— Letter from, to John Robinson,
relative to a bounty upon slaves, 229.
—Letter from, to John Robinson,
relative to Mr. Hatton's complaint,
305. — Letter from, relative to the de-
struction of the Gaspoe schooner,
275.— Circular letter from, to the
Governors, inclosing the King's mes-
sage relative to the disturbances in
the Colonies, with the answer of the
House of Lords and House of Com-
mons, 432.— Circular from, relative
to the discontinuance of the packet
boats between England and North
America, 666.
Presbyterian Clergy of New Jersey; Let-
ter from Governor Franklin trans-
mitting their petition, ^39. — Petition
of, for charter incorporating " The
New Jersey Society for the better
support of the Widows and Education
of the Children of deceased Presby-
terian Ministers, etc.," 343.— Opinion
of David Ogden on said charter, 350.
— Opinion of Cortlandt Skinner on
the same, 353. — Second report on the
same, 359. — Letter from Governor
Fianklin relative to the same, 400. —
Letter from the Earl of Dartmouth
respecting the same, 404, 407.— Letter
from Governor Franklin expressing
the satisfaction of the Presbjrterian
Clergy, 409.
Preston: Isaac, 531.
Price, Jr.: Philip, 718.
Price: Robert F., 473.
Price: Samuel, 718.
Price : Thomas, 717.
Price: William, 718.
Q.
yuigg: Hugh, 717.
746
INDEX.
R.
Randolph : Peyton, Speaker of the House
of Burg:esses of Virginia, 35.
Read: Bowes, 149.
Read : George, 529.
Read: Sarah, 133, 231.
Reacliing: .Joseph, 352.
Retiding: President, 630.
Redman: Dr. John, 227.
Read: Andrew, 5.
Reed: Charles, 7, 17.— Letter to, from
Governor Franklin, 28.— Commis-
sioned to take charge of the seals,
54.— Referred to, 133, 231.— Removed
to St. Croix, 425.— Note on, 436, 139.—
Referred to, 455.
Reed: Joseph, Jr., Deputy Secretary of
the Colony of New Jersey, 5, 7.—
Commission as Surrogate, 8.— Re-
ferred to, 114, 133, 438.
Reynardson: Samuel, 3.
RejTiolds: Jolm, 717.
Richardson: , 413.
Richardson: John, 717.
Rivington: ,580.
Robeards: Luman, 718.
Robeson: John, Sr., 717.
Robeson: John, Jr., 717.
Robinson: John, letter to, from John
Pownall, relative to a bounty on
slaves, 339. — Letter to, from the
same, relative to John Hatton's com-
plaint, :305.
Robs: John, 711.
Robiu-ds: Peter, 718.
Rodman: Thomas, 517.
Rodney: Caesar, 529.
Rogers: Joseph, 717.
Ronal: James, 717.
Rose: William, 717.
Ross: George, 529, 574, 588.
Ross: Isaac, 717.
Ross; William, 717.
Rush: Dr. Benjamin, 430.
Rutherford : John, 423.
Rutherford: Walter, 137, 195, 503.
Rutledge: Edward, 530.
Rutledge: L, 5:W.
Ryley: Mark, 531.
S.
Sabine: James, 375.
Sagorighweyoghsta: Indian name, con-
ferred upon Governor Franklin, 57
Salaries of Government ofiQcers, 50.
Salsbury: Jonathan. 717.
Sargent: Sanmel, 203.
Saxton: Nehemiah, 373.
Schooner Gaspee: See Gaspee.
Schu.yler: Col. John, 387.
Schuyler: Col. Philip, 114.
Scudder: Nathaniel, ;i45.
Seals: (Old) An account of the defacing
of, by His Majesty in Council, 13.
Sf^ars: Isaac, 563.
Seely: Ephraim, 531.
Sergeant: Jonathan D., 473, 598.
Shane: James, 718.
Sheppard: Josejih, 531.
Sherd: Wilham, 27'3.
Sherman: Roger, .529
Showen: Ada, 717.
Shrewsbury: Advertisement of a meet-
ing to choose a Committee, 533.—
Letter to the inhabitants of, from
the Freehold Committee of Instruc-
tion, 559.— Pi'oceedings of the inhab-
itants of, 60U. -Proceedings of the
Committee of Correspondence, 660.
Skeene: Major Philip, COS.- Arrest of,
618.— Parole of, 649.— Letter from, to
John Penn, 049.
Skinner: Cortlandt, Speaker of the As-
sembly. 21.— Letter to. from Gover-
nor Franklin, 97.— Referred to, 99,
103.— Member of a Committee of the
Assembly, 1:38.— Letter to, from Gov-
ernor Franklin, relative to the riot-
ous proceedings in Monmouth Coun-
ty, 148.— Referred to. 193, 215.— Let-
ter from, to John Hattou, 216.—
Letter from, to Charles Petit, rela-
tive to the Cape Slay justices, 217. —
Referred to, 318.— Opinion of, on the
draft of the Charter for raising a
fund to support widows and children
of Presbyterian clergymen, 353. —
Second Report on the same, 359.—
Letter to, from John Carey, 363.—
Memorial of. to the Earl of Dart-
mouth, praying for an adequate
salary, 38:3 — Refei-red to, 401.— Let-
ters from, to Philip Kearny, relative
to the proceedings of the Assembly
in regard to the Treasurer, 413, 414,
415.— Letter to, from Lord StirUng,
relative to Mrs. Verplank's mort-
gage, 547.— Referred to, 653. — Letter
to, from Daniel Coxe, 0.54.— Entermg
and searching his house. 698. — Takes
refuge on a Man of War, 706.— Re-
ferred to, 730.
Skinner: Stephen, affidavit relative to
the robbing of the East New Jersey
Treasurer, 37.--Note on, 37.— Referred
to, ;39.— Recommended as a member
of Coimcil, 139.— Appointed a mem-
ber of Council, 143 —Referred to, 191,
413 —Instructions to the Assembly-
men from Burlington County rela-
tive to the discharge of the Treas-
urer from his liabilities, 417.— Resig-
nation of, 420, 431.— Letter from the
Earl of Dartmouth relative to the
removal of, 456. — Named in list of
Council. 561.— Referred to, C04. 704.
Slaves: Letter from John Pownall rela-
tive to a bounty upon, 239.
Sloan: Captain, 609.
Small: , 11:3.
Smith: Daniel, Jr., commission of as
Surveyor-General of West Jersey,
15.— Note on, 16.
Smith: Rev. Dr.. ;341.
Smith: Isaac. 587, 588.
Smith: Jonathan, 531.
Smith: John, member of Council, com-
missioned with others to take charge
of the Seals. 54.— Death announced,
3:30.— Note on. 331.— Referred to, 313.
Smith: Joseph. 1:38.
Smith: Richard. :38, 331,539.
Smith: Saniiitl, member of Council, com-
missioned witli others to take charge
of the Seals, 54.— Member of Council,
INDEX.
747
561.— Resigned his seat in the Coun-
cil, 665.
Smith: WilHam P., 345.
Sniirlr. William Lovett, i!31.
Smyth: Andrew, 420.
Smyth: Frederick, 37, 56.— Letter from,
to the Earl of Hillsborough, relative
to the insiifiQciency of his salary. 62.
—Memorial of. to the Earl of Hills-
borough. 146.— Letter to the Earl of
Hillsborough, tendering his seat in
the Council, 2l'0.— Referred to, 375,
377.— Letter from, to the Earl of
Hillsborough, relative to the robbery
of the Treasurer of the Province,
379.— Letter to, from the Earl of
Dartmouth, 405. —Referred to, 420,
561, 705.
Smyth: John, appointed Treasurer of
the Eastern Division, 420.— Note on,
420.
Smyth: Lawrence, 420.
Soraers: Ricliard, 685.
Sixain: War witli, 281. — Dispute with, 275.
Spencer: Elihu, :M2.— Note on, 343, 345.
Sproule: , .521.
Steel: Thomas, 615.
Stevens;: John, 137. 186, 195, 422, 561.
Stevens: Richard, Report on an act for
the relief of, 701.
Stiles: Moses, 718.
Stillwell: Nicholas, 210.
Stirling: Lord [William Alexander], Let-
ter from, to Cortlandt Skinner, rela-
tive to a mortgage given to Mrs.
Mary Verplank, 547. — Accepts a Col-
onel's commission from Congress,
662 — His arrest of Gov. Franklin,
699, 702, 705.
Stock: Henry, 717.
Stockton: Richard, 5.— Recommended to
be appointed a member of the New
Jersey Council, 44. — Order appoint-
ing him, 59.— Note on, 60.— Referred
to, 149. — Letter from, and his opinion
in regard to tlie authority of tiie
Governor to hold a Com't of Equity,
1.54, 1.55.— Referred to, 186, :i45, 427.—
Commission of, 427. — Note on, 427. —
Named in list of Council, 501.
Stockton: Robert, 352.
Stout: Abraliam, 273.
Stout: Andrew, 373.
Stout: Benjamin, 273.
Stout: Hezekiah, 273.
Stout: Lucy, 302.
Stout: Nathaniel, 273.
Sluart: Charles, 717.
Sullivan: John, 529.
Swift: , 219.
T.
Talmadge: Daniel, 717.
Tasheowycans: 515.
Tennant: William, 345.
Tharp: James, 717.
Thomas: Edward, 202.
Thomas: General, 006.
Thompson: , 580.
Throckmorton : Joseph. 600.
Tice: Peter, 718.
Tilghman: Mat., 529.
Treasury of East New Jersey: AfiSdavit
of Stephen Skinner, relative to the
robbery of, 37.— Proclamation of Gov.
Moore regarding, 39.— Letter from
Chief-Justice Smyth relative to the
robbery of, 379.
Trenchard: , 362. 363.
Trent: William, 97.-Note on, 112.— Let-
ter to, from Gov. Franklin, 227.
Trumbull: Governor, 616.
Tryon: Governor, Letter from, to the
Earlof Dartmnntli. :-!93.
Tucker: Samuel. Keiiresentative in As-
sembly from Hunterdon Coimty, 269,
—Note on, 270. - Referred to, 302, 473,
587, 588, 720.
Tuttle: Ebenezer, 717.
Tuttle: Moses, 717.
U.
Upham: William, 717.
V.
Vanbrunt: Nicholas, 600.
Van Cock: Richard, 717.
Vanderpool: David, 717.
Vandeveer: Cornelius, 600.
Vanduyne: Isaac, 717.
Vanduyne: Jacob, 718.
Van Houten: Henry, 718.
Van Kirk: Henry, 27'3.
Varlet: Nicholas, 169, 170, 189.
Verplank: Mary, Mortgage given to, by
Lord Stirling, 547'.
Virginia: Letter from the House of Bur-
gesses of, to the House of Represen-
tatives in New Jersey, calling upon
the House to join the Union, and as-
sert their Constitutional Liberty, 21.
Vreeland ; Cone, 718.
W.
Wadman: Lieut. Arthur, Letter to, from
Governor Franklin, 2*3.
Walker: Thomas, 3.52.
Walpole; Thomas, 377.
Walton: Jacob, 114.
Walton: Mark, 717.
Waukle: benjamin, 718.
Ward: Samuel, .529.
Washington: George, 429, 530.
Welshear: Thomas, 718.
W'entworth: Governor, .521.
Westcott: Richard. 684.
VVetherlll : Chris, 507.
Wharton: Joseph, 97, 98, 375.
748
INDEX.
Wharton: Samuel, 97, 98, 113.
Wheaton: John, 531.
Whiklen : James, 207, 808, 209. 210, 281, 282.
Wlilte: John, 717.
Whitfield: George, 44.
Wickam: William, Surveyor, 194, 502.
Wiggins: Gershara, 717.
Wiggins: Thomas, 587, 588.
Wilkes: John, The case of, 28.— Note on,
28.
Williams: Inspector, 281.
Willis: Aaron, 717.
Wilmot: Henr.y, 98.— Letter from, rela-
tive to a Paper Currency, and the
bill for Septennial Elections, 142.
Wilson: John, 717.
WMlson; Robert, 717.
Winds: Colonel, His arrest of Governor
Franklin, 698.
Wistar: Caspar, 30.
Wistar: John, 30.
Wistar: Richard, 30.
Witherspoon: Rev. Dr. John, Petition of,
342.— Referred to, 345, 428.
Wood: Richard, 531.
Woodruff; Isaac, 563, 564.
Woodruff: John, 44.
Woodruff: Joseph, 44.
Woodruff, Jr. : Joseph, 44.
Woodruff: Samuel, Decease of, 44. — Note
on, 44.— Referred to, 59.
Wright: ElUs, 517.
Wythe: George, 678.
Yoimg: Arthur, 718.
Young: Henry, 718.
Youngs: Israel, 717.
Young: Martin, 718.
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