USA > New Jersey > Documents relating to the Colonial History of the state of New Jersey, Vol. XX > Part 30
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Mr. Morris's attitude was described in a letter from Gov. Bernard, dated Perth Amboy, August 28, 1759, to the Lords of Trade: "Some few days ago Mr. [Robert Hunter] Morris arrived in this province [from England] & soon after signified to me that he proposed to resume his office of chief justice by virtue of his former patent, which, he said was not surrendered or otherwise determined. I repeated to him the confusion that would be the consequence of his resuming this of- fice against my protestation, and he expressed his earnest desire to do nothing which should embarrass the government upon which we came to the following agreement: that he should suspend his purpose until I could write to your Lordships and receive your commands; and that I would not in the meantime appoint any other Person, unless I received the King's command threfor. I have not seen Mr. Morris since advices arrived of the appointment of Mr. Jones; I imag- ine that he will contest Mr. Jones' appointment."-N. J. Archives, IX., 176-7. In reply, the Lords of Trade wrote to Governor Bernard, Decem- ber 14, 1759: "Mr. Morris's conduct appears to us to highly reflect upon His Majesty's Honor and Justice, in the subsequent appointments which have been made, founded upon Mr. Morris's resignation."-N. J. Archives, IX., 192.
Mr. Jones subsequently stated that upon receiving his appointment he "Relinquished his business in the Law in England, to attend the Duty of his Office, and at a vast Expence, repaired to America, in which he was unhappily obliged to break in on the future Dependance of a most Valuable Wife, and her Children, in Order to Discharge the Trust re- posed in him, with Dignity and Fidelity."-Ibid., 342. He arrived in New Jersey in November, 1759, and proceeded to Perth Amboy, where he received a commission under the great seal of the Province, dated November 16, 1759, at the hands of Gov. Francis Bernard .- N. J. Archives, IX., 214; XX., 391.
It was customary to tender so important a representative of the King a series of ovations and addresses on his coming into the Province. The only demonstration of the kind offered to Mr. Jones was by the Mayor, Recorder, Aldermen and Commonalty of the Borough of Elizabeth; he had intimated a purpose to make that town his place of residence, and having gone thither on a visit the Corporation invited him to "a genteel Entertainment," on December 3, and presented him with an address which is singularly guarded and non-committal, and free from the usual adulatory compliments on such occasions. "Your late desig- nation to the first Seat on the Bench," they cautiously say, "affords a strong presumption of Abilities adapted to the conspicuous Theatre on which you are destined to Act," and they conclude with a perfunctory declaration of their "Respect due to a Person, whom [the King] hath thought worthy to elevate to the second Post of Power and Influence in the Government of his flourishing Province of New-Jersey."-Ante, 396-7. In all this there is a remarkable reserve which is highly signifi- cant under all the circumstances. The authorities of Elizabeth were willing to pay the respect due to the King's appointee, but they would not commit themselves to any endorsement of the individual. The dissatisfaction over his appointment, occasioned by his low reputation, was greatly enhanced by his conduct after his arrival in the Province. Even Gov. Bernard, who naturally disliked to reflect upon the new Chief Justice, in a letter to the Lords of Trade declared: "Mr. Jones
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greeable Account, viz. That in the Snow Storm on Sun- day, the 16th Instant, Captain Jones, in a Ship from Lis- bon; Captain Brown, in a Brig, bound to Jamaica; Captain Cotton, in a Schooner, for Gibralter; and Cap-
has been so unfortunate, that there is an universal dissatisfaction at his appointment: so it seems to me it will be difficult for him to hold the office, even if he will serve it for nothing."-Ibid., IX., 210-211. More emphatic were Chief Justice Morris's comments, in a letter to Governor Thomas Boone, August 10, 1760: "The Character of Mr. Jones which came here before him, and the Absurdity, to say no worse, of his be- haviour, after his Arrival, greatly alarmed the People of all Ranks; And Occasioned the strongest Solicitations from the most considerate men in the Province, That I would insist on the Tenure of my Com- mission, and Resume the Bench."-Ibid., IX., 236. As already stated, Mr. Morris had called on Gov. Bernard immediately upon his return from England, in August, 1759, and "signified that he proposed to re- sume his office of chief justice by virtue of his former patent." As he put the matter himself, in his letter of August 10, 1760, quoted above: "When I returned to New Jersey, Mr. Ainsley was Dead, and tho' I had no doubt of my Right to Resume the Bench, Yet, as Mr. Barnard apprehended it might Embarras his Administration, I declined it till he should hear from England."-Ibid., 236. That is to say, as stated by the Lords of Trade in a letter to the King, June 17, 1760: "It was at length agreed between them, that Mr. Morris should suspend his pur- pose and that the Governor should not appoint any other Person to the Office, until further Directions should be received from hence."- Ibid., 232. Mr. Morris says that Gov. Bernard, "being soon after in- formed of Mr. Jones's Nomination, told me, I was quite at Liberty to take any measures I thought Proper. And that he wish'd nothing more than to see me established upon the Bench."-Ibid., 236. Mr. Jones's manifest unfitness increased the pressure upon Mr. Morris to prevent the induction of the new-comer into office, even by the setting up of his own extraordinary claim that he was still entitled to the position by virtue of his ancient commission. As he had been perfectly open with the Governor in this matter, he wrote him a letter, February 22, 1760, notifying him of his intentions, and setting forth again his reasons for the proposed step .- Ibid., 206-7. When the next term of the Supreme Court was about to open, at Perth Amboy, on Tuesday, March 18, 1760, he called on Gov. Bernard, in the morning, before the opening of the Court, and once more announced his intention of interposing his claim, in order to keep Mr. Jones off the bench. The Governor, in a letter dated March 22, 1760, to the Lords of Trade, thus describes the inter- view: "Mr. Morris came to me and said that the people in general were so uneasy at Mr. Jones's taking his seat as Chief Justice, that he could not resist their solicitations for him to take the seat and thereby pre- vent Mr. Jones. I reminded him of his promise to me that he would not interrupt Mr. Jones in taking his seat. He said that he entred into that engagement upon account of his desire not to undertake any busi- ness that was like to give me much trouble: but that, as I was remov- ing from the Province & not like to be affected by this contest. He thought he should be remitted of his liberty of prosecuting his right in such manner as he should see occasion. I said that, to be sure, I should release him from this engagement so far as I was concerned: but I thought it was extended much beyond me. It seemed to me that Your Lordships had an intrest in it, as I had acquainted you with it more as a public than a private transaction, and that Mr. Jones was intrested in it, as most probably he had staid in the Country in dependence that Mr. Morris would not obstruct him in taking the office. He replied that his engagement was made only to me and on my account & that, as my intrest in it ceased & I had released him from it, he considered himself as quite free from it."-Ibid., 212. Mr. Morris says of this inter- view: "Mr. Barnard in Presence of Mr. Ogden and Mr. Read. Acquitted me Again, of any Engagements to him on the Occasion: and at the same time was Pleased to thank me for the tenderness and Re- gard I had shown to his Administration."-Ibid .. 237. David Ogden and Charles Read, here referred to, were two of the ablest and most ex-
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tain Cochran in a Brig for Limerick, were all drove ashore at the Capes; and that Captain Albertson, in a Sloop for New York; and Captain Robertson, in a Sloop for Halifax were lost near Cape May. Captain Brown's
perienced members of the Governor's Council; Mr. Ogden was one of the leading lawyers in the Province.
When the Supreme Court met the bench was occupied by Chief Jus- tice Morris and Second Justice Samuel Nevill; the Third Justice, Mr. Saltar, was in too infirm health to attend. Mr. Jones presented his commission, and requested to have it read. Then the record of Chief Justice Morris's commission was read, showing that he had been appointed during good behavior. The commission of Nathaniel Jones was next read, from which it appeared that he was appointed "in the room of William Aynsley Esqr. deceased," to hold office "for and during our pleasure and your residence within our said province." Mr. Jones thereupon prayed to have the oath of office administered to him and to be admitted. At his request the commission of Chief Jus- tice Aynsley was also read, and the records of the Court, showing that he sat as Chief Justice at the March term, 1758, and at the term follow- ing. Chief Justice Morris, although sitting, with a proper delicacy de- clined giving any judgment on the application of Mr. Jones, and the opinion of "the Court" was delivered by Second Justice Nevill .- Ibid., 214. But the whole proceeding is so extraordinary that it is worth while to reproduce the exact language of the minutes of the Court, now in the Clerk's office at Trenton:
March 1760
At a Supreme Court of Judicature held at Perth Amboy in & for the Province of New Jersey, of the Term of March in the thirty third Year of the Reign of Our Sovereign Lord George the Second &c. 3d Tuesday March 18 1760 The Court opened The Honble Samuel Nevill Esq. 2d Justice Adjourned to two o.c. p. m The Court mett according to Adjournment Present The Honble Robert H. Morris Esgr. Chief Justice Samuel Nevill Esqr. 2d Justice
Nathaniel Jones Esqr Offered to the Court a Commission under the Great Seal of the Province of New Jersey, bearing date of the Sixteenth of November 1759, appointing him Chief Justice of the said Province & prayed that the Same might be Read.
Whereupon the Record of a Commission Dated March 17th 1738 ap- pointing Robert Hunter Morris Esq. Chief Justice of the Province of N. J. (during his good Behaviour in the same) was read: Then the Commission appointing Nathaniel Jones Esgr. was read: Whereupon the said Nathaniel Jones Esq. pray'd to have the Oath of Office administered to him and to be Admitted. Then an Entry in the Minutes of this Court of March Term 1753 at the request of Nathaniel Jones was read (in these words) A Commission appointing William Aynsley Esq. Chief Justice of the Province of N. J. was openly read, also other Entrys shewing that Wm Aynsley Esqre Deceas'd sett as Chief Justice for the said Term of March 1758 and the Term next following and that Mr. Nevill Sett as 2d Justice of the said Court.
As the Motion of Mr. Jones might Effect M. Morris he declined giving any Judgment thereon, and Mr. Nevill, Second Justice, delivered the Opinion of the Court as follows, that since the Commission to Mr. Morris grants him a ffreehold in the Office of Chief Justice of this Prov- ince of N. J. and Nothing was shown legally to Divest him thereof, this Court therefore Cannot administer the Oath of Office to Mr. Jones nor admitt him to Enter into the Execution of said Office of Chief Jus- tice, but Leave his right to said Office if any he has to be determined by a Due Course of Law.
Mr. Morris requested David Ogden and Charles Read Esgres to Enter his appearance to and Defend any Action or suit that shall or may be brought against him respecting this matter.
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Vessel, it is feared, will be lost; there are some Hopes of saving Captain Jones's Ship; Captain Cotten will be saved; and the Irish Brig, by unloading, we hear, will be got off .- The Pennsylvania Gazette, No. 1631, March 27, 1760.
At the request of Nathaniel Jones Its ordered that he have a Copy of the foregoing Entrys.
The Court adjourned
Gov. Bernard was very well satisfied with the action of the Court, there is little doubt. But to relieve himself from culpability he wrote in this strain to the Lords of Trade, March 22, 1760, after detailing the above proceedings: "It may seem to your Lordships that I ought to have interposed the Copy of Mr. Morris's Resignation. But, besides that there was no time given me to order the Attorney general to in- tervene for the King, I could not have introduced that copy, because being a copy and no way authenticated, it would not have been per- mitted to be read in a Court, tho' its authority would be undoubted everywhere else.
"Altho' this business will soon cease to be my concern [referring to his transfer to Massachusetts] yet I must think it my duty to enter a public protest on the behalf of the King against this order of the Supreme Court. The proper method for doing this appears to be, to order the Attorney General to sue out a writ of error & bring this order before the Governor & Council, from whence, if there should be occasion, it may be carried to the privy Council in England either by the Attorney general or by Mr. Morris."-N. J. Archives, IX., 214.
Chief Justice Morris put the boldest front on the whole matter. In his letter to Gov. Bernard, of Feb. 22, 1760, he says: "The income of the office is now & ever has been, too inconsiderable to make me in the least anxious about it. I took the office & have held it, rather to Prevent it falling into contempt than expecting any Support from it, and am therefore, as I have more than once assured your Excellency (as to myself) Extreamly Indifferent about it, but cannot help wishing, for the sake of the province, that an Office of such Consequence and in which the people are so nearly intrested, May always be in the hands of a Man of independent fortune, & Known Integrity."-Ibid., 206-7.
Again, in his letter to Gov. Thomas Boone (successor to Gov. Ber- nard), August 10, 1760, after referring to the public uneasiness over the reputation and unbecoming conduct of Mr. Jones, he says:
"Your Excellency will be no Less Surprised at the Earnestness and Apprehensions Expressed on this Occasion, as you are sensible the first seat in the Highest Court of Common Law, in the Province, is of great Importance to the Privileges and Properties of the People, and may Essentially Affect the Rights and Prerogatives of the Crown.
"It may not be improper here to inform your Excellency, that the profits of the Office fall short of one hundred pounds Sterling A Year a sum, by no means adequate to the trouble and Expence attending the Employment .- I was therefore very indifferent as to the benefits arris- ing from the Office, But could not be so, when the Publick safety was at stake, and the Royal Authority ready to fall into hands that must have brought it into the utmost Contempt.
"My own and the Conduct of my family, who have been Constantly ingaged in Support of the Royal Authority, in these Colonies, when it stood in need of every aid, Render it unnecessary to vindicate myself, even from the surmise of Opposition to Government; For this I may Appeal to the Minutes And papers of the Board of Trade, and to the Records of this and the Neighbouring Provinces of New York and Pen- silvania .- Besides, a People unused to the Necessary Subordinations of Government, are in danger of falling into Levilling and Democratical Principles, And I am too Sensible of the Mischievious Tendency of such a Spirit, to be led into Measures that might encourage it; And which, by weakening the Administration must destroy the Peace and Happi- ness of the Provinces." He concludes with this manly assurance: "Upon the whole Sir as I know you have nothing so much at Heart as to maintain the Dignity of the Crown and promote the Prosperity of
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Penns-neck in Salem County, March 21, 1760. This is to give NOTICE
That some time last Month was taken up a Pilot Boat, sunk in the Ice in Delaware River, a little below Deep-
the Province, I beg Leave to Assure your Excellency, That whatever the Issue of this Affair may be, you will find me ever ready to Concur in every measure' Conducive to those Salutary Ends."-Ibid., 235-238.
There is little doubt that Mr. Morris was perfectly sincere in his pro- fessions of disinterestedness in this proceeding, and that he was actu- ated by purely patriotic motives.
The Lords of Trade, upon receipt of Gov. Bernard's letter of March 22, 1760, laid the whole matter before the King, in a letter dated June 17, 1760, embodying the Governor's suggestion as to the proper steps to be taken: "We have only further to offer our humble Opinion, that your Majesty should be graciously pleased to referr the whole matter to your Attorney Genl, with Directions to consider and report what Measures are most proper to be taken in Order to support your Maj- esty's Right of Nomination against the extraordinary and unprece- dented Claim of Mr. Morris."-Ibid., 230-235.
All the facts in the case appear to have made it impolitic, if not im- possible, for the Ministry to sustain so inferior and so objectionable a person as Mr. Jones in his very natural attempt to vindicate the ap- pointment of the King, and the unfortunate affair was quietly dropped, to the great satisfaction of the authorities of New Jersey. The atti- tude of Mr. Jones bears out the presumption of his unfitness for the high station to which he had been assigned. Indeed, he seems to have realized the fact himself, for after his claim to the office had been de- nied by Second Justice Nevill, and notwithstanding the formal backing of Gov. Bernard, he did not have the courage or address to attempt to possess himself of the office. The minutes of the Supreme Court make no further mention of Mr. Jones or his claims, but do show that Chief Justice Morris was on the bench during every sitting of the Court in 1760, except May 16 (when Justice Saltar sat), August 12 (when Justice Nevill sat alone), and November 8 and 10, when Justice Nevill presided. By a letter from Nathaniel Jones, dated January 2, 1761, and addressed to the Earl of Hillsborough, we learn that Jones was then in England. In this letter he sets out his appointment as Chief Justice of New Jersey, the "vast Expence" he had incurred in giving up his law prac- tice in England and in repairing to America, and "Mr. Morris's proceed- in'gs, as illegal, and Unwarrantable, as he absolutely prevented your Memorialist in Execution of his Office.
"That through the heavy Expences your Memorialist hath Sustained, his whole Substance is Exhausted, and he was constrained to return to England, in Vain to Attempt the Recovery of his lost business in the Law, through his long absence abroad, which before afforded him a Competent Maintenance, nor has your Memorialist received any Sat- isfaction, or Compensation whatsoever, for the above Charges, or the injury he has suffered by this disappointment, which has reduced him to Calamitous Circumstances." But instead of praying that the royal authority be vindicated, and that the power of the Crown be exercised in installing him in the office to which he had been appointed, he con- cludes with this singular prayer:
"That your Memorialist being informed of a Vacancy of the office of Chief Justice of South Carolina, Most humbly supplicates your Lord- ship, to consider the premises and your Memorialists perseverance and Fidelity, in his Majesty's Service, And that your Lordship will be pleased to Recommend him to his Majesty as an Object Meriting his Royal favour, And that he may be appointed to succeed in the above office now Vacant or have such other relief as in your Lordships be- nignity, and wisdom shall seem most meet."-Ibid., 342.
The Lords of Trade in a perfunctory address to Lord Halifax likewise tacitly confess the unfitness of Jones for the New Jersey office:
"We should not be so importunate with your Lordship, but the bearer, Mr. Jones, is as great an object of your Compassion, as ever was, he tells us, which we believe to be true; that by his Voyage to and from America, and the great Expence he was at in providing
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water Point, on the Penn's-neck Shore, in Salem County, in which were sundry Barrels of Pitch, Turpentine and Tar, which were with great Difficulty got ashore on the Marsh, where they now remain, liable to be taken away by the high Tides, by which they have received some Damage already ; the Casks have likewise received considerable Damage by the Ice, and the Contents wasting ; the Boat is said to belong to one Brown Bennett, who has since taken her away, but refuses to intermeddle with the Cargo. Therefore, any Person claiming Property therein, by ap- plying to the Subscribers, in Penn's-neck, and proving the same, may, by paying the charges accrued thereon, have the said Pitch, Turpentine and Tar, otherwise the same will be exposed to Sale by publick Vendue on the 21st Day of April next to pay off Wages and other expenses, &c.
EDWARD CLARK, and Company. - The Pennsylvania Gazette, No. 1631, March 27, 1760.
necessarys for himself and Servants, suitable to his Station abroad, that he has spent all his substance, and by his absence so long abroad, he says he has lost all his Business, which he had here, which though not great afforded him a Competent Maintenance, so that he is now left destitute of any provision:
"We desire therefore that your Lordship will be so good to recom- mend him to some of the Offices now Vacant, or that some provision may be made for him, as we think we could not ask it, for one who deserves it so well:
"We hope your Lordship will not consider this as a Letter of Course; for we are really concerned for this Poor Gentleman; and whatever favour you bestow on him, we shall Esteem it an Obligation lain on us."-Ibid., 342-344.
No further mention has been found of Nathaniel Jones. He seems to have sunk again into the obscurity whence he was lifted up to be Chief Justice of New Jersey.
When Governor Josiah Hardy arrived in the Province, in 1761, he found the situation and his necessary action in consequence thereof to be as set forth in this letter to the Lords of Trade:
"I found there was a total Stop to the Administration of Justice in the Supreem Courts, by the Judges Commissions not having been re- newed since the death of his late Majesty, and a Rumour began to be spread that the Judges were not qualify'd to act. I therefore (for fear of any bad consequence, and to quiet the minds of the people who ap- peard much dissatisfy'd) thought it best for his Majesty's Service as well as the good of the Province to order the Commissions to be re- new'd in the same manner as they have hitherto been granted, which is during good behaviour; I must observe to your Lordships likewise that I found the General Assembly had come to a resolution not to make any provision for the Judges in the bill for Support of Govern- ment if they accepted Commissions during pleasure; I therefore hope I shall have his Majesty's & Your Lordships approbation for what I have done. I likewise found it absolutely necessary to renew Mr. Morris's Commission of Chief Justice and I cannot help observing that he is certainly a very proper Person for this Post which ought to be held by a Man of Abilities & character."-N. J. Archives, IX., 346-347.
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NEW-YORK, March 24.
Monday last Part of the Royal, or first Regiment, em- barked at Perth-Amboy, in order to proceed to South- Carolina; the next Day, one of the Transport Ships got a-ground, in endeavouring to go out; but on Thursday Morning, the Wind being fair, she sailed again in order to join the others in Parmaceti Cove. And as the Wind continued fair all that Day, it is supposed they have pro- ceeded on their Voyage .- The Pennsylvania Gazette, No. 1631, March 27, 1760.
Perth Amboy, March 25, 1760
This Day his Excellency the Governor, was pleased to give his Assent to the following Act, in the Presence of the Council and General Assembly, viz.
"An Act for raising One Thousand effective Volunteers (Officers included) for His Majesty's Service in the ensu- ing Campaign, and for other Purposes therein mentioned." -The Pennsylvania Gasette, No. 1632, April 3, 1760.
New- York, April 7. Saturday last, his Excellency Francis Boon,1 Esq; Governor and Commander in Chief of the Province of New-Jersey, came up to Town in a Pilot Boat from Sandy-Hook, where he arrived the same Day in a Schooner from Charlestown, in South Caro- lina, in 5 Days.
T NO be sold, a certain Tract of Land, situate and laying in Baskinridge, in the County of Somerset and Province of New-Jersey, con- taining 436 Acres of extraordinary good Land, about 160 Acres of which are cleared, and in good Fence, with three good frame Dwelling-houses, a Wag-
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